Within the framework of this chapter, the Secretary shall have the following functions and powers:
(a) Appoint and supervise the Administrator, and fix his/her salary.
(b) Counsel the Governor of Puerto Rico and the Legislature on the drafting and implementation of public policy with regard to mental health and addiction.
(c) Coordinate with the Administrator the assignment of personnel of the Department to the Administration, and of the Administration to the Department, based on criteria that will propitiate the most efficient use of the human resources, without affecting the functions indicated by law to the Administration or the Department. The assignment of employees will be effective as long as the Secretary and the Administrator understand that the needs of the service require it. The rights and salary schedules of the employees thus assigned shall be safeguarded. It is hereby provided that no assignment of Department employees to the Administration, or of the Administration to the Department, may affect negatively, or reduce the salary schedules, rights and benefits of the employees thus assigned.
(d) Authorize the distribution, dispensing, manufacture, and prescription of controlled substances for medical use; supervise the manufacture, distribution, dispensing and delivery of any controlled substance included in Classifications II through V; seize controlled substances used medically, and property, connected with the unauthorized possession of controlled substances for medical use.
(e) Investigate any violation of a criminal or administrative nature of §§ 2101 et seq. of Title 24, known as the “Puerto Rico Controlled Substances Act”, when said violations are related to the manufacture, distribution, dispensing and delivery of any controlled substance included in Classifications II, III, IV and V of these sections, and those related to controlled substances in Classification I, when a certificate of registration has been issued to perform research with said substances.
(f) Delegate on the Controlled Substances Inspectors all the faculties that correspond to an officer of the law, which include, among others, the power to have, hold, bear, transport and use firearms under the provisions of Act No. 17 of January 19, 1951, as amended, known as the “Weapons Law of Puerto Rico”, the power to make arrests, to enforce and serve search orders and subpoenas, the power to seize property pursuant to the provisions of § 2512 of Title 24, and the power to take oaths and sworn statements, as well as the powers related to the registration of manufacturers, distributors, and dispensers, and any others deemed necessary or convenient.
(g) After notification by the Puerto Rico Physicians Examining Board, of every resolution or order imposing sanctions on a physician, the Secretary shall take the necessary measures with regard to the registries of persons duly-authorized to prescribe controlled substances.
History —Aug. 7, 1993, No. 67, § 7, eff. 60 days after Aug. 7, 1993.