Ley 189 del 2007
Resumen
Esta ley enmienda la Ley Núm. 41 de 5 de agosto de 1991, conocida como la "Ley de la División de Juntas Examinadoras", para prohibir la delegación del poder de las Juntas Examinadoras adscritas al Departamento de Estado para regular los requisitos de educación continua y certificar proveedores de dicha educación. Establece la responsabilidad de la Oficina del Subsecretario de Juntas Examinadoras para crear reglamentos generales y el rol de las Juntas Examinadoras en la elaboración de reglamentos específicos por profesión. También otorga un período de gracia de cinco años a los proveedores existentes para solicitar la certificación.
Contenido
| (S.B. 1837) | |
|---|---|
| (No. 189) | |
| (Approved December 13, 2007) | |
| AN ACT | |
| To add a Section 8 to Act No. 41 of August 5, 1991, as amended, known as the "Examining Boards Division Act," in order to establish that the power of all Examining Boards, attached to the Department of State, to regulate the requirements of continuing education, may not be delegated; establish that the power to certify as a provider those educational institutions, associations or professional colleges, and any other entity that offers continuing education pertaining to the professions regulated by said Boards, may not be delegated; to describe the responsibility to regulate of the Office of the Assistant Secretary of Examining Boards of the Department of State and of the Examining Boards; and for other purposes. | |
| STATEMENT OF MOTIVES | |
| There are at present twenty-three (23) Examining Boards attached to the Department of State by virtue of Act No. 41 of August 5, 1991, as amended, and of the enabling acts of each of the abovementioned Boards. | |
| Each Examining Board is created by law and its members are appointed by the Governor with the advice and consent of the Senate, with the exception of those members that represent the government sector. The number of members of the Boards may vary, but it must always be an odd number. | |
| The Examining Boards issue various types of certification in accordance with the laws or regulations that govern them, and each one of these have certain requirements that the candidates must meet. At present, |
there are approximately 178,782 professionals that hold licenses issued by the Examining Boards attached to the Department of State.
Each Examining Board has the duty to establish the requirements and to accredit the curricula of courses that shall compose the level or degree of education that shall be required from the members of each profession. Diplomas or certificates from institutions that have been previously recognized and have prepared first-class professionals are required as evidence for the granting of a professional license or certification.
Once professionals have been admitted and licensed by the Board that regulates them, they have the responsibility to periodically attend continuing education seminars and courses in order to be at the forefront of their professions. It is the duty and the responsibility of the Board to ensure that the continuing education offered to these professionals complies with the parameters of quality that guarantee that the knowledge to be acquired is of excellence.
Examining Boards are the entities with the duty to regulate professions. Other professional colleges and organizations, on their part, watch over the interests of the professionals they represent. In this manner, they are able to work together, which is not prohibited by the present measure, in order to efficiently serve their members.
Examining Boards are the instruments of the State whose function is to guarantee the citizenry that the professionals whom they regulate meet the minimum requirements and have the capabilities to practice as such. This guarantee is divided into three basic elements: licensing, ethics and continuing education. Licensing refers to the concept of the initial requirements that an aspirant to a profession must have to obtain a license to practice his/her profession in the Commonwealth. The most well known task
in this aspect is the drafting of the licensure exams. Ethics refers to the regulating and supervising of the licensed person who has already passed the licensure exam. In this item, we find the processing of complaints and the procedures following the filing thereof for malpractice or lack of professional ethics, which could result in a sanction or fine or in the permanent revocation of the professional license. Lastly, continuing education refers to the post licensing procedure that oversees that the professionals licensed by the Commonwealth are up to date in the new practices of their profession with the ultimate purpose of providing the citizenry with a service of quality and excellence attuned to the new technologies or conceptual trends of any of the professions. In this aspect, the most well known task is the certification of continuing education providers, which is the main issue addressed through this measure.
The purpose of this measure is to prohibit the delegation of this duty of the Examining Boards to third parties. Likewise, this measure intends to empower the Department of State, through the Office of the Assistant Secretary of Examining Boards, to regulate in a uniform manner and in harmony with Act No. 170 of August 12, 1988, as amended, known as the "Uniform Administrative Procedures Act," which guidelines shall be used by the Boards to prepare their specific regulations per profession. These General Regulations shall include the basic requirements that each Board shall use in their process for provider certification.
As the regulatory entities of the State, the main responsibility of ensuring that the continuing education providers comply with the standards established by the professions they regulate falls on the Boards, as well as of providing these professionals guarantees on the process that regulate them, so that there is technical certainty in the information provided.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section 8 of Act No. 41 of August 5, 1991, as amended, known as the "Examining Boards Division Act," is hereby added to read as follows: "Section 8.- PROHIBITION AGAINST DELEGATION OF THE POWER TO REGULATE THE REQUIREMENTS OF CONTINUING EDUCATION:
The power of every Examining Board attached to the Department of State of establishing through regulations the requirements of continuing education shall not be delegated.
Likewise, it shall be a non-delegable duty of every Examining Board attached to the Department of State, to certify as providers those educational institutions, associations or professional colleges, and any other entity offering continuing education germane to the professions regulated by said Boards.
The Office of the Assistant Secretary of Examining Boards of the Department of State shall establish General Regulations for Continuing Education which shall serve as the guidelines that shall be used by the Boards to prepare their specific regulations per profession. These General Regulations shall include the basic requirements that each Board shall use in their evaluating process for provider certification.
The General Regulations shall also contain provisions that contemplate situations beyond the control of the professionals who resorts to their respective Examining Board, such as the lack of members in the Board. In addition, the General Regulations shall provide on the advisory role of Professional Colleges and Associations that represent the different groups of
licensed professionals, at the time the Examining Boards accredit continuing education service providers.
The Examining Boards, at the time of drafting their respective regulations for continuing education, shall consult with professional organizations such as Professional Colleges, without being limited to them, taking into account the recommendations of these organizations, provided, that the consultation process does not become an unnecessary and onerous impediment to the regulating task of the Boards."
Section 2.- Educational Institutions, Professional Associations and Colleges, companies or entities offering continuing education courses at the time this Act becomes effective, shall maintain their status of providers of said courses for a term of five (5) years as of the effective date of this Act, provided, that they request that the corresponding Examining Board certify them as providers. To achieve this, the educational institution, professional association or college, company or entity offering continuing education courses, shall submit evidence attesting that, at the time this Act became effective, it was a provider of such services. The Examining Boards shall, in turn, notify the providers about the need to request a certificate that adjusts to the provisions of this Section.
Section 3.- Any provision existing before the effective date of this Act that contravenes with the sense thereof shall be deemed to be repealed.
Section 4.- The Office of the Assistant Secretary of Examining Boards of the Department of State shall have a one (1)-year term to develop, approve and implement the regulations provided in Section 2 of this Act.
The Examining Boards shall have a one (1)-year term, as of the date of the proclamation of the General Regulations for Continuing Education to
develop, approve and implement the regulations provided in Section 2 of this Act.
Section 5.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 189 (S.B. 1837) of the $6^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add a Section 8 to Act No. 41 of August 5, 1991, as amended, known as the "Examining Boards Division Act," in order to establish that the power of all Examining Boards, attached to the Department of State, to regulate the requirements of continuing education, may not be delegated; establish that the power to certify as a provider those educational institutions, associations or professional colleges, and any other entity that offers continuing education pertaining to the professions regulated by said Boards, may not be delegated; to describe the responsibility to regulate of the Office of the Assistant Secretary of Examining Boards of the Department of State and of the Examining Boards; and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $13^{ ext {th }}$ of June of 2008.
Francisco J. Domenech Director