Bill would extend certifications of criminal history

House Health Committee Chairman Gabriel Rodríguez Aguiló, at right

By The Star Staff

The Health Committee in the island House of Representatives, chaired by Rep. Gabriel Rodríguez Aguiló, reviewed during a public hearing on Wednesday House Bill 350, whose aim is to reduce administrative burdens, facilitate access to employment, and ensure the safety of vulnerable populations.

The bill would amend Articles 6 and 10 of Act No. 300-1999, known as the “Credential and Criminal History Verification Act for Providers Serving Children, Individuals with Disabilities, and Health Professionals.”

The proposal seeks to extend the validity of certifications issued by the Integrated Credentials and Criminal History System from one year to three years for providers who continue to work within the same entity. Currently, those certifications must be renewed annually, which adds costs and administrative procedures for both providers and government agencies.

The Department of Justice (DJ) was the first agency to depose regarding the bill. Attorney Vivian Cátala, director of the agency’s Legislation Division, emphasized that background checks are part of a public policy focused on prevention and protection rather than punishment. She supported the use of tools such as the Puerto Rico Credential and Criminal History Verification Program (PRBCP) and the “Rap Back” system, suggesting that continuous reviews be implemented during the proposed three-year term to track any changes in the provider’s background.

The DJ also recommended technical corrections to the legislative language and highlighted the importance of utilizing state and federal public records for ongoing verification. Notably, Cátala did not oppose continuing the legislative process, provided that her recommendations were adopted.

The Department of Health (DS by its initials in Spanish), through an explanatory memorandum from Health Secretary Dr. Víctor Ramos Otero, expressed support for the bill as long as compliance with federal background check standards is maintained. The DS proposed that certifications be initially valid for one year, but if the provider continues to deliver services in the same entity, they could utilize the “Rap Back” system. This system would automatically notify providers of any criminal activity linked to their fingerprints, eliminating the need for a complete re-verification.

“The balance between efficiency and security is crucial,” Ramos stated. “We cannot allow these processes to become a barrier, but we must also remain vigilant in protecting our most vulnerable populations.”

Lourdes Borres, director of the DS’s “Puerto Rico Background Check” Section, provided technical details about the system’s operation. She emphasized that the PRBCP has federal recognition and received a $2.9 million allocation for its implementation. Any amendments to the bill must ensure compliance with the program’s requirements, as its operation is vital for protecting vulnerable groups and securing continued access to federal funding.

Borres also suggested extending the use of “Rap Back” to healthcare professionals and employers for a more modern and effective system.

Rep. José “Cheito” Hernández Concepción emphasized during the hearing that “this measure aims to streamline processes and reduce unnecessary burdens without compromising the integrity of the verification system.”

The Ombudsman for People with Disabilities, meanwhile, presented a report acknowledging the measure’s merits while raising concerns that easing the procedures might pose risks to people with disabilities and other vulnerable groups. One of the ombudsman’s proposals was that if the certification period is extended, an intermediate procedure should be established to ensure that individuals do not have new criminal records or are not under investigation.