Governor files bills to better protect domestic violence victims

Another bill expands access to pregnancy & postpartum medical care

The measures filed by Gov. Jenniffer González Colón included three to coordinate efforts toward eradicating domestic violence, and one to increase access to healthcare for women during pregnancy and after childbirth. (Facebook via Jenniffer González Colón)

By The Star Staff

Gov. Jenniffer González Colón filed four new measures in the island Legislature this week that seek to coordinate efforts to eradicate domestic violence and increase access to healthcare for women during pregnancy and after childbirth.

The first measure (A-015) seeks to extend contracts covered by Law 29-2009, as amended, known as the “Public-Private Partnerships Law” (PPP law) to the construction, maintenance or operation of buildings whose sole purpose is to house women victims of domestic violence in Puerto Rico.

There are several non-profit organizations dedicated to providing shelter to women who have been victims. However, they lack the administrative mechanisms or capital to survive economically and offer services. By extending the contracts available under the PPP law, efforts to combat domestic violence are strengthened by streamlining the process for establishing this type of infrastructure.

The second measure (A-016) establishes the immediate issuance of a protection order for domestic violence when requested in court.

As part of the process for issuing a protection order, Law 54 of Aug. 15, 1989, as amended, known as the “Domestic Violence Prevention and Intervention Act,” provides that the victim, either personally or through legal representation, may go to court to request one, without the need for a prior accusation or complaint. The court, at its discretion, issues the protection order if it deems it to have merit.

However, protection orders often are not issued after being requested, despite the victim’s complaints, because the court determines that the danger is not imminent or that the conduct and situation do not warrant it; this has resulted in the applicant for the order becoming a victim in some cases. A-016 seeks to amend the aforementioned Law 54 to provide that any victim of domestic violence who goes to court to request a protection order will be issued an ex parte protection order immediately.

The third measure (A-017) seeks to require all judges of the General Court of Justice, as an inherent part of the judicial education system, to undergo twice-yearly training on the subject of domestic violence, and on changes in policies and procedures related to the “Domestic Violence Prevention and Intervention Act.”

The measure states that “judges, in the performance of their judicial duties, are the ones who daily face these situations involving victims of domestic violence in all their forms. The public’s trust in the judicial system demands that they act correctly and in accordance with the highest moral principles when addressing this and all disputes brought before them.”

It should be noted that since 2016, the judicial branch has had an educational program for judges and the legal community, which seeks to continue coordinating efforts to eradicate this complex social problem. A-017 would complement that existing educational program by establishing its frequency twice a year and assigning responsibility for its delivery to the Office of the Women’s Advocate.

The fourth measure (A-018) seeks to guarantee every woman’s right to select and receive direct care from an obstetrician-gynecologist, in addition to her primary physician, under her health care plan, up to one year after giving birth. It also seeks to require insurers to authorize obstetricians to diagnose, manage, and treat patients’ conditions during pregnancy and the postpartum period, without requiring a referral or prior authorization from the primary physician; and to moderate relevant legal provisions.

According to the measure, “it is imperative that women have the option and the right to directly select a physician of their choice to provide gynecological and obstetric services, due to the nature and right to privacy involved in this type of medical care. Guaranteeing this right not only strengthens continuity in women’s health care, but also facilitates the prevention and early detection of medical conditions that, if left untreated, could worsen or even be fatal.”