Puerto Rico's Executive Order OE-2019-016
Section 1ra. It is declared public policy of the Government of Puerto Rico to protect children through the prohibition of conversion or reparative therapies to change the sexual orientation or gender identity of minors. For purposes of this Executive Order, "conversion or reparative therapies" are defined as those interventions performed by an entity or licensed professional to provide mental health services in Puerto Rico that seek to change a minor's sexual orientation or gender identity.For the purposes of this Executive Order, conversion or reparative therapies do not contemplate those guidelines that are provided for acceptance, support and understanding and development of individual identity, nor does it refer to those interventions aimed at preventing illegal behavior or unsafe sexual practices that could represent adverse risks to physical or mental health.
Section 2da. The Secretary of Health is hereby directed to establish the regulatory requirement of an application for the granting or renewal of a license issued by the Department of Health to operate a health facility pursuant to Act No. 101 of June 26, 1965, " Health Facilities Act, "as amended, for the validity of the requested permit, conversion or reparative therapies will not be provided, as defined in this Executive Order, at facilities for which the grant or renewal of the license is requested.
Section 3ra. The ASSMCA Administrator is ordered to establish a regulatory requirement for an application for the concession or renewal of a license issued by ASSMCA for the operation of facilities and institutions, both public and private, dedicated to prevention, non-medicated treatment and rehabilitation of people with mental disorders, addiction or dependence on narcotic, depressing or stimulating substances, including alcohol under Law 67-1993, " Mental Health and Addiction Services Administration Law, " as amended, and the Law 408-200, " Puerto Rico Mental Health Law", As amended, the need to present a certification from which it arises that, during the validity of the requested permit, conversion or reparative therapies will not be provided, as defined in this Executive Order, at the facilities for which the concession is requested or renewal of the license.
Section 4ta. The Secretary of Economic Development and Trade is hereby directed to include the regulatory requirement for the granting of economic incentives to promote activities, services and investments in the scientific, hospital and / or medical field under the Law 20-2012; Law 22-2012 and Law 14-2017, to prohibition on the offer, direct and indirect, of conversion or reparative therapy services, as defined in this Executive Order. The secretary shall ensure that the prohibition is included verbatim in any decree of economic incentives that is issued for applications filed after the effective date of this Executive Order, as an essential condition for the validity of the miso.
Section 5ta. The agencies mentioned in this Executive Order are required to create those mechanisms that allow the corroboration of compliance with the regulatory provisions that are adopted, as provided in this Executive Order. These mechanisms must provide for the suspension or revocation of an economic incentive license or decree for noncompliance with the condition of not providing conversion or reparative therapies.
Section 6ta. A term of ninety (90) days is granted to the officials mentioned in this Executive Order to promulgate the corresponding regulations. Once the regulations for the implementation of this Executive Order are adopted, each official must inform the Office of the Secretary of the Interior
Section 7ma The Board of Examiners of Psychologists and the Board of Examiners of Professional Counselors, as regulators of the exercise of psychology and professional counseling in Puerto Rico, are urged to prohibit the offer of services of conversion or reparative therapies to change sexual orientation or gender identity in minors.
Section 8va. NO CREATION OF EXIGIBLE RIGHTS. This Executive Order is not intended to create substantive or procedural rights in favor of third parties, enforceable before judicial, administrative or any other kind of forums, against the Government of Puerto Rico or its agencies, its officers, employees or any other person.
Section 9na. SEPARABILITY . This Executive Order must be interpreted in such a way that its validity can be maintained according to the Constitution of the United States. The provisions of this Executive Order are independent and separate from each other and if a court with jurisdiction and jurisdiction declares any part, section, disposition and sentence of this Executive Order unconstitutional, null or void, the determination to that effect will not affect the validity of the remaining provisions, which will remain in full force.
Section 10ma VALIDITY AND PUBLICATION. This Executive Order will take effect immediately after approval. This Executive Order must be presented immediately to the State Department and its broadest publication ordered.
