P.R. Laws tit. 8, § 363
(a) Any person or entity that operates or maintains an establishment for care of the elderly without a license issued by the Department, or that continues to operate it after its license has been canceled, suspended or denied pursuant to the procedures provided in this chapter, shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not less than five hundred dollars ($500) nor greater than two thousand dollars ($2,000), or by imprisonment for a term of not more than six months, or both penalties at the discretion of the court.
(b) Once the officials of the Department of the Family have notified the deficiencies found during the inspection, the Department shall determine the number of days for their correction depending on the type of deficiency and its severity. Deficiencies in matters of security, nutrition, medications and health shall require immediate correction without the possibility of an extension. If said deficiencies are not corrected within the term established, the Department shall then order the cancellation of the license and the permanent closing of the establishment. It the deficiency has to do with the physical facility a maximum term of six (6) months may be granted for its correction. If after said term has expired the establishment still suffers from the same or part of the deficiencies identified, the Department shall set a fine of not less than five hundred dollars ($500) nor of more than three thousand dollars ($3,000), or shall proceed to cancel, suspend or deny the license, or both penalties at the discretion of the Department.
The Department shall proceed to penalize the license holder with the penalties and/or fines established, if the latter, after having been notified of the deficiencies identified, fails to correct them within the term determined by the Secretary, pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
(c) Every license in effect shall be temporarily suspended until the deficiencies identified and notified have been corrected. Within that period of time the establishment may not increase its enrollment even if it has the capacity to do so. Likewise, if during that same period one of the elderly persons should leave the establishment, the vacancy may not be filled until the deficiencies have been corrected and certified by the Department.
(d) Any person found guilty of operating an establishment for the care of the elderly in contravention of this chapter, and who has been ordered to close the same, may not operate another establishment of a similar nature anywhere in Puerto Rico; and if said person should do so, he or she shall be subject to the legally applicable penalties.
History —June 22, 1977, No. 94, p. 209, § 13; Aug. 23, 1997, No. 98, § 1; Aug. 12, 2000, No. 162, § 1; Sept. 2, 2000, No. 331, § 3.