Ley 193 del 2007
Resumen
Esta ley enmienda la Ley Núm. 133 de 14 de mayo de 1937 para incluir las pruebas de gonorrea y clamidia como requisitos de laboratorio para la emisión del certificado de matrimonio en Puerto Rico. Prohíbe el matrimonio a personas con ciertas condiciones mentales o enfermedades de transmisión sexual, y establece que los oficiales del Registro Demográfico no emitirán certificados de matrimonio sin la presentación de resultados negativos de pruebas de VDRL, gonorrea y clamidia. Los resultados positivos serán retenidos por el epidemiólogo estatal para investigación, seguimiento y tratamiento.
Contenido
(H. B. 3026) (Reconsidered) (No. 193) (Approved December 13, 2007)
AN ACT
To amend Sections 1 and 2 of Act No. 133 of May 14, 1937, as amended, for the purpose of adding gonorrhea and chlamydia tests as laboratory test requirements for issuing the marriage certificate of the Government of Puerto Rico.
STATEMENT OF MOTIVES
The Vital Statistics Registry of Puerto Rico keeps vital information about the births, deaths, and marriages in our Island. Marriage is a civil institution regulated by the Commonwealth, which establishes a number of rights and responsibilities that bind the persons entering into said civil contract. Section 2 of Act No. 133 of May 14, 1937, as amended, requires that, in order for a marriage certificare to be issued in our Island, the parties shall undergo a clinical a venereal disease detection laboratory (VDRL) test.
Infections by chlamydia have increased significantly in Puerto Rico, while an increase in gonorrhea cases is shown, according to statistics of the Department of Health of Puerto Rico. These alarming figures compel us to make decisions urgently. These sexually transmitted diseases affect both genders and bring about terrible conditions to the personal and public health if not treated on time. At present, chlamydia and gonorrhea are screened through non-invasive methods and their clinical treatment is easy to access.
Chlamydia is a common sexually transmitted disease that is caused by the Chlamydia trachomatis bacterium, which can damage the reproductive organs of men and women. Even though symptoms of chlamydia are usually mild or absent, serious complications that cause irreversible damage, including infertility, can occur "silently" before a woman ever recognizes a problem. It is the most frequently reported bacterial sexually transmitted disease in the United States. It is estimated that two million eight hundred thousand (2,800,000) United States citizens become infected every year.
The Department of Health of Puerto Rico reported a total of three thousand seven hundred and twenty cases (3,720) of chlamydia in 2005, distributed by gender: three thousand three hundred sixty six (3,366) women and three hundred and forty-eight (348) men infected in 2005. This sexually transmitted disease can be easily treated and cured with antibiotics. At present, laboratory tests to diagnose chlamydia and gonorrhea can be performed on urine samples.
On the other hand, gonorrhea is a common sexually transmitted disease caused by Neisseria gonorrhoeae bacteria. The Centers for Disease Control and Prevention of Sexually Transmitted Diseases estimate that more than seven hundred thousand (700,000) persons are infected annually with gonorrhea and only half of these are reported. In women, gonorrhea is a common cause of pelvic inflammatory disease, which may produce infertility or increase the risk of ectopic pregnancy. A pregnant woman with gonorrhea could transmit the infection to her baby as the baby passes through the birth canal during delivery, which can cause blindness, joint infection, and a life-threatening blood infection in the baby.
As for men, gonorrhea may cause infertility if not treated on time. Furthermore, gonorrhea can spread to the blood and joints in both men and
women, thus becoming a life threatening condition and causing people with gonorrhea to contract the human immunodeficiency virus (HIV) more easily, the virus that causes the acquired immunodeficiency syndrome (AIDS).
The intention of this Act is to serve as an instrument for identifying these sexually transmitted diseases, while it benefits the parties contracting marriage, so that they may be able to make an informed decision at the time of executing the marriage contract. Likewise, by establishing these laboratory tests, the health of innocent women and children who suffer the major effects when a condition is not identified and treated on time. This new identification process would allow people to receive the treatment needed to fight infertility and the possible death that may be caused by chlamydia and gonorrhea, so as to promote the birth of healthy children. We are convinced that by including the chlamydia and gonorrhea tests as a requirement for the Vital Statistics Registry to issue the marriage certificate, we not only to benefit the candidates to a civil marriage contract but also contribute with strengthening the public health of Puerto Rico.
The significant increase in contagion of chlamydia and gonorrhea recorded by the Department of Health of Puerto Rico has its major effect on infertility and procreation. The public policy of the Legislature is to promote the birth of healthy children. This Act ensures that all persons who decide to procreate children in their marriage are healthy. For such reasons, the House of Representatives of Puerto Rico deems it necessary to include chlamydia and gonorrhea screening tests as a requirement for the Vital Statistics Registry to issue the marriage license.
BE IT ENACTED BY THE HOUSE OF REPRESENTATIVES OF PUERTO RICO:
Section 1.- Section 1 of Act No. 133 of May 14, 1937, as amended, is hereby amended to read as follows: "Section 1.- It is hereby prohibited for any person suffering from insanity, mental retardation or developmental deficiency, when said condition is an impediment to give their consent, or from syphilis or any sexually transmitted disease, to contract marriage while the disease, mental condition or deficiency subsists; and if such marriage is contracted it may be annulled by the Superior Part of the Court of First Instance of the residence of either contracting party, by petition of the prosecuting attorney of the Superior Part of the Court of First Instance or an interested party, with the intervention of the prosecuting attorney of the Superior Part of the Court of First Instance in which the suit is filed; Provided, That, the action to annul shall not be exercised if the cause for nullity has disappeared at the time the suit is initiated."
Section 2.- Section 2 of Act No. 133 of May 14, 1937, as amended, is hereby amended to read as follows: "It is hereby prohibited for the officials in charge of the Vital Statistics Registry to issue marriage certificates of licenses to those men or women who suffer the diseases indicated in Section 1 of this Act. Neither shall any marriage certificate or license be issued when both contracting parties fail to present to the Vital Statistics Registrar a medical certificate showing that neither of them suffers from the diseases indicated in Section 1 of this Act. The contracting parties shall present to the Vital Statistics Registrar the clinical laboratory results, in evidence of the results of sexually
transmitted diseases' tests, to wit: VDRL, gonorrhea and chlamydia; the Registrar shall attest to the presentation of said report on the marriage certificate, and it shall be returned to the contracting parties. Those laboratory results that are positive shall be withheld by the State Epidemiologist, once the Vital Statistics Register has been authorized to issue the marriage license. The State Epidemiologist shall determine, according to his/her best judgment, those positive laboratory results that are needed for investigation, follow-up and treatment. The State Epidemiologist may dispose of those not deemed necessary then or after a certain period of time. The municipal medical welfare physicians or those who are employees of the Commonwealth Government shall have the obligation to issue the abovementioned certificates to indigent persons without charging fees. The medical certificate shall be valid for a term of ten (10) days from the date of issue, and once they have elapsed, no marriage shall be contracted without a new medical certificate."
Section 3.- This Act shall take effect ninety (90) days after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 193 (H.B. 3026) (Reconsidered) of the $6^{ ext {th }}$. Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 1 and 2 of Act No. 133 of May 14, 1937, as amended, for the purpose of adding gonorrhea and chlamydia tests as laboratory test requirements for issuing the marriage certificate of the Government of Puerto Rico, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $15^{ ext {th }}$ of April of 2008.
Francisco J. Domenech Director