American Samoa Administrative Code

All fees collected pursuant to 31.0312 shall be deposited in a special fund which shall be available for the payment of any expenses incurred in the administration of this chapter. Any sums in excess of those necessary to pay such expenses shall be dispensed as otherwise provided…

The board shall adopt a seal for its own use. The seal used shall have the words, “The Board of Tradesmen Examiners of American Samoa”. The secretary of the board shall have the care and custody of the seal. History: Bd. of Tradesmen Examiners Regs., eff 28 Dec 72, Reg.2.11.

The secretary shall keep an accurate record of all proceedings of the board which will be open to inspection by the public. History: Bd. of Tradesmen Examiners Regs., eff 28 Dec 72, Reg. 2.12.

This chapter does not prevent a person from without the territory from performing work within the territory providing that he presents satisfactory evidence to the board that he is competent to practice the trade and the board issues a temporary certificate to him for the stipula…

Certificates to practice a trade will remain in full force until revoked or suspended for cause, or until they expire as provided in this chapter. History: Bd. of Tradesmen Examiners Regs., eff 28 Dec 72, Reg.2.14.

All certificates issued under authority contained in PL 12-21 shall expire on 31 Dec of the calendar year in which issued. To renew an unexpired certificate, the certificate holder shall, before the time at which the certificate would otherwise expire, apply for renewal on a form…

Renewal applications shall be made to the board on or before 31 Dec of each year and shall be made upon a form prescribed by the board, and the renewal fee shall be tendered with the application for renewal. Filing an application after 1 Mar will require payment of double the reg…

Pursuant to 31.0708 ASCA, a certificate provided for in this chapter may be refused, revoked, suspended, modified, or limited for any l or a combination of the following grounds: (1) The conviction of a crime in connection with the trade practiced by tradesmen licensed under this…

In addition to other powers of the board, either enumerated or implied, the board possesses the power to do the following acts: (1) To investigate the qualifications of applicants for certificates pursuant to this chapter including the use of any examination designed to test the …

(a) Pursuant to 31.0704 (4) ASCA, the board has the power to hold hearings to compel the attendance and testimony of witnesses, to order the production of documents or other tangible evidence, to administer oaths, and to cite for contempt. (b) Subsequent to such hearing the board…

Any applicant whose application is denied, refused, limited or modified, or any person whose certificate is modified, limited, suspended, revoked, or whose renewal application is refused, denied, limited, or modified, shall be entitled to a written copy of the board’s decision se…

Judicial review of any adverse decision by the board shall be in accordance with the provisions relating to judicial review in the Administrative Procedures Act, Chapter 4.10 ASCA. History: Bd. of Tradesmen Examiners Regs., eff 28 Dec 72, Reg.4.05.

After suspension of the certificate for any of the reasons set forth in this chapter or in the Board of Tradesmen Law, the board -may reinstate the certificate upon proof of compliance by the certificate holder with all provisions for issuance of a new certificate. History: Bd. o…

After revocation of a certificate for any of the reasons set forth in this chapter or within the Board of Tradesmen Law, the certificate shall not be reinstated or reissued within a period of 1 year after the final decision of revocation, and then only on a proper showing that al…

The rules codified in this chapter are promulgated pursuant to the authority granted the health services regulatory board by 31.1005 and 31.1006 A.S.C.A. History: Rule 2-88. eff 27 Mar 88, § 1.

For the purposes of this chapter, unless the context clearly requires otherwise: (a) “Attorney General” means the attorney general of American Samoa. (b) “Board” means the health services regulatory board established by 31.1002(a) A.S.C.A. (c) “Collaboration” means the process in…

For purposes of this chapter, unless the context clearly requires otherwise: (a) “Practice of acupuncture” means the insertion of needles, with or without accompanying electrical or thermal stimulation, at a certain point or points on or near the surface of the human body to reli…

(a)This chapter does not limit the right of an individual to practice a health occupation that he or she is otherwise authorized to practice under this chapter, nor does it limit the right of an individual to practice any other profession that he or she is authorized to practice …

(a) Except as expressly provided to the contrary in this chapter, any person licensed, registered, or certified by any agency of the territory established or continued by any statute amended, repealed, or superseded by this chapter is considered for all purposes to be licensed, r…

(a) The composition, appointment, quorum, term, powers and duties, procedures, and licensing provisions of board are as set forth in Sections 31.1001 et seq. A.S.C.A. This section supplements these. (b) The board may appoint committees in medicine, dentistry, nursing and other he…

A license issued pursuant to this chapter is required to practice medicine acupuncture, registered nursing, practical nursing, dentistry, dental, therapy, dental hygiene, dietetics, nutrition, occupational therapy, optometry, pharmacy, physica1 therapy, podiatry, psychology, and …

The provisions of this chapter prohibiting the practice of a health occupation without a license shall not apply: (1) to an individual who administers treatment or provides advice in any case of emergency(2) to an individual employed in the territory by the U.S. Federal Governmen…

(a) An individual applying for a license under this rule shall establish to the satisfaction of the board that the individual: (1) has not been convicted of an offense which bears directly on the fitness of the individual to be licensed; (2) is at least 18 years of age; (3) has s…

(a) an individual applying for a license to practice medicine or dentistry under this chapter shall establish to the satisfaction of the board that the individual is a graduate of an accredited school of medicine or dentistry, and has completed at least one year of post-graduate …

An applicant for a license shall submit an application to the board on the form required the board. History: Rule 2-88, eff 27 Mar 88, § 1.

The board shall issue a license to an applicant who meets the requirements of this chapter to practice the health occupation regulated by the board. History: Rule 2-88, eff 27 Mar 88, § 1.

(a) a person licensed under this chapter to practice a health occupation is authorized to practice that occupation in the territory while the license is effective, within the limitations imposed by the board at the time the license is issued; provided that: (1) a person certified…

(a) an active license expires 2 years from the date of its first issuance or renewal unless renewed by then board as provided in this section. (b) the board may establish continuing education requirements as a condition for renewal of licenses under this section. (c) at least 30 …

When a health professional fails for any reason to renew the license issued under this section, the board may reinstate the license if the health professional: (1) applies to the board for reinstatement of the license within a 5 year period after the expiration of the license; (2…

(a) see Sections 31.1006, 31.1009, 31.1010, and 31.l011, A.S.C.A. (b) if the board determines, after investigation, that the conduct of a licensee presents an imminent danger to the health and safety of the residents of the territory, the board may summarily suspend or restrict, …

(a) any health professional who is the subject of an investigation into, or a pending proceeding involving, allegations involving misconduct may voluntarily surrender his or her license to practice in the territory, but only by delivering to the board an affidavit stating that th…

(a) any license issued under this rule may be voluntarily limited by the licensee. During the period of time that the license has been limited, the licensee shall not engage in the practices or activities to which the voluntary limitation of practice relates. As a condition for a…

The advanced registered nurse may perform actions of medical diagnosis, treatment, prescrip-tion, and other functions authorized by this section in collaboration with a physician, osteopath, or dentist, who shall be responsible for the overall medical direction of the health care…

(1) Generally, nurse-midwives and nurse-practitioners shall carry out acts of advanced registered nursing in general collaboration with a physician or osteopath. (2) Generally; nurse-anesthetists shall carry out acts of advanced registered nursing in direct collaboration with an …

Within the established protocol, an advanced registered nurse may: (1) monitor and alter drug therapies; (2) initiate appropriate therapies for certain conditions; (3) make referrals for physical therapy; and (4) perform additional functions within his or her specialty determined…

(a) in addition to the general functions specified in 31.0443, a nurse-anesthetist may perform any or all of the actions in subsection (b) of this section. (b) the nurse-anesthetist may: (1) determine the health status of the patient as it relates to the relative risks associated…

(a) in addition to the general functions specified in 31.0443 the nurse-midwife may perform any of the acts in subsection (b) of this section, provided that: (1) the nurse-midwife and the obstetrician-gynecologist have set forth in a protocol procedures for: (A) consultation with…

In addition to the general functions specified in 31.0443, the nurse-practitioner may perform any or all of the following acts provided that the act is done in accordance with 31.0442: (1) manage selected medical problems; (2) initiate, monitor, or alter therapies for certain unc…

(a) in addition to the general qualifications for licensure set forth in 31.042 3 of this chapter, and any additional requirements which the board may establish by rule, a nurse-anesthetist shall: (1) be a registered nurse holding a current, valid license pursuant to 31.0421 of t…

No person shall practice, attempt to practice, or offer to practice a health occupation licensed or regulated under this chapter territory unless currently licensed, or exempted from licensing, under this chapter. History: Rule 2-88. eff 27 Mar 88. § 1.

Unless authorized to practice a health occupation under this chapter, a person shall not represent to the public by title, description of services, methods, or procedures, or otherwise that the person is authorized to practice the health occupation in the territory. History: Rule…

(a) no person shall file or attempt to file with the board any statement diploma, certificate, credential, or other evidence of achievement in a health profession if the person knows, or should know, that it is false or misleading. (b) no person shall knowingly make a false state…

(a) no person shall sell or fraudulentl3,’ obtain or furnish any diploma, license,, certificate or registration, record, or other document required by this chapter or by the board. History: Rule 2-88, eff 27 Mar 88. § 1.

(a) violation of any provision of this chapter is a class A misdemeanor. History: Rule 2-88. eff 27 Mar 88. § 1.

(a) in any prosecution under 31.0455, or any decision made by the board relative to licensing. it shall be sufficient to sustain such conviction or decision to show a single violative act of conduct, and it shall not be necessary to show a general course of such conduct. History:…

This chapter has been adopted by the territorial board of public accountancy, hereafter referred to as “board”, and is intended to clarify Chapter 2. Section 31, American Samoa Code (annotated), and to implement the administration thereof to the end that Chapter 31.02, A.S.C.A., …

The certificate or registration of each certified public accountant and each registered public accountant shall be renewed biennially by paying the renewal fee on or before December 31 of each odd-numbered year. History: Rule 3-88, eff 18 Apr 88.

The current mailing address of each certified public accountant, public accountant, and permit holder shall be registered with the board. The board shall be immediately notified in writing, of all changes. History: Rule 3-88. eff 18 Apr 88.

Each permit holder shall at all times display evidence of the authority to practice, together with the certificate or registration and other evidence of current validation,’ in the permit holder’s place of business. History: Rule 3-88, eff 18 Apr 88.

(a) The term, “public accounting practice”, also referred to as “public practice”, as used in Chapter 31.02 ASCA and in this chapter means the performing for a client, or a fee basis, one or more types of services rendered by public accountants and the holding out to the public t…