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American Samoa Statutes, Title 13

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American Samoa/Statutes

← All American Samoa coverage

Title 13, Health and Economic Welfare Services

14 chapters · 196 sections in this title.

All chapters in Title 13196 Ch 02, American Samoa Public Health Act41 Ch 10, Medicine and Drugs29 Ch 03, American Samoa Emergency Health Powe…27 Ch 01, American Samoa Medical Center Act17 Ch 11, Tobacco Restriction Act16 Ch 05, Vital Statistics15 Ch 21, Statistics Division12 Ch 15, Judicial Commitment of Mentally Ill …10 Ch 13, Restriction of Smoking in Public and…9 Ch 08, Health Care Decisions8 Ch 04, Cancer Registry4 Ch 06, Medical Treatment3 Ch 07, State Medicaid Program3 Ch 12, Tobacco Master Settlement Agreement2

41 sections·Filtered byTitle 13✕Ch 02✕

A.S.C.A. § 13.0201 Short title
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This chapter shall be known as, and may be cited as, the American Samoa Public Health Act. History: 2007, PL 30-11.
A.S.C.A. § 13.0202 Purposes
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The purpose of this act is to: (a) Identify and strengthen the public health infrastructure to improve the public’s health; (b) Establish the department’s mission for providing essential public health services and functions through the department and in collaboration with federal…
A.S.C.A. § 13.0203 Definitions
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As used in this act, these terms shall be defined as follows: (1) “Acquire”, “acquired” or “acquisition” means to collect or gain possession or control of. (2) “Act” means the American Samoa Public Health Act. (3) “ALJ” means the Office of the Administrative Law Judge. (4) “Amend…
A.S.C.A. § 13.0204 Mission statement
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(a) It is the policy of the department that the health of the public be protected and promoted to the greatest extent possible through the public health system while respecting individual rights to dignity, health information privacy, nondiscrimination, due process, and other leg…

A.S.C.A. § 13.0205 Public health infrastructure

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(a) A strong public health infrastructure is needed to achieve the mission of the department and to provide essential public health services and functions, in collaboration with federal agencies, ASG agencies, public and private sector partners and volunteers. (b) Developing a st…

A.S.C.A. § 13.0206 Public health department powers

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(a) The department shall have general charge, oversight, and care of the public health of the people of the Territory. (b) To carry out the mission of the department and to develop a strong public health infrastructure, the department is authorized to provide or implement essenti…

A.S.C.A. § 13.0207 Guiding principles for director and department

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(a) In carrying out the director and department’s authorized powers, the director and the department shall be guided by the following principles: (1) The exercise of any public health authority or power shall further or support improving or sustaining the public’s health by perfo…

A.S.C.A. § 13.0208 Public health planning and priority setting

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(a) To promote the availability of essential public health services and functions, the department may undertake the development of a comprehensive, Territory-wide public health plan that assesses and sets priorities for the public health system. (b) If the department undertakes t…

A.S.C.A. § 13.0209 Declaration of reportable diseases or conditions

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(a) The director, or his designee, shall establish a list of reportable diseases or conditions of public health importance. The list may also include diseases or conditions of humans or animals caused by exposure to toxic substances, microorganisms, or any other pathogens. (b) Th…

A.S.C.A. § 13.0210 Reporting requirement for reportable diseases or conditions

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(a) Every health care provider, physician, pharmacist, laboratory director, coroner, medical examiner, and veterinarian having knowledge of any individual or animal affected by or suspected of being affected by a disease or condition declared reportable by the director shall repo…

A.S.C.A. § 13.0211 Penalty for failure to report required disease or condition

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(a) Any health care provider, physician, pharmacist, laboratory director, coroner, medical examiner, and veterinarian who refuses, neglects, or fails to report a required disease or condition within the time period specified by the director shall be guilty of a Class A misdemeano…

A.S.C.A. § 13.0212 Inspection and investigation of communicable disease or condition of public health importance

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Upon a complaint made or upon reasonable belief, supported by sufficient facts, that a condition of public health importance is present in any house or elsewhere and has not been reported, the department may make an inspection and investigation for the purpose of discovering whet…

A.S.C.A. § 13.0213 Epidemiologic investigation

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(a) The department may investigate conditions of public health importance through methods of epidemiological investigation. This includes identifying individuals who have been or may have been exposed to or affected by the condition, interviewing and testing those individuals, an…

A.S.C.A. § 13.0214 Compulsory medical treatment

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The department is authorized to compel any individual who has or may have been exposed to a contagious disease that poses a significant risk or danger to others or the public’s health to complete an appropriately prescribed course of medication (including through directly-observe…

A.S.C.A. § 13.0215 Quarantine and isolation

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(a) The director, or his designee, may order the isolation or quarantine of an individual or group of individuals in compliance with this section. (b) The director shall adhere to the following conditions and principles when isolating or quarantining individuals or groups of indi…

A.S.C.A. § 13.0216 Health information system—statistics–surveillance activities– sources of information

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(a) The department shall administer a health information system to collect, use and analyze health, medical and vital information for the Territory. The health information system may include, but is not limited to, identifiable health information, non-identifiable health informat…

A.S.C.A. § 13.0217 Acquisition of identifiable health information

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(a) Identifiable health information shall not be secretly acquired by the department. (b) The department shall only acquire identifiable health information where: (1) The acquisition relates directly to a public health purpose (including analysis and evaluation of conditions of p…

A.S.C.A. § 13.0218 Use of identifiable health information

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(a) Identifiable health information shall be used by the department: (1) Solely for public health purposes that are directly related to the purpose for which the information was acquired, including analysis and evaluation of conditions of public health importance and evaluation o…

A.S.C.A. § 13.0219 Disclosure of identifiable health information

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(a) Identifiable health information is not public information, and may not be disclosed without the written authorization of the individual (or legal representative) who is the subject of the information, except as provided in this act and other controlling law. (b) Any written a…

A.S.C.A. § 13.0220 Security safeguards for identifiable health information

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(a) When the department receives any identifiable health information disclosed from any source including any federal or ASG agency, other than the individual (or legal representative) who is the subject of the information, the department shall take appropriate measures to protect…

A.S.C.A. § 13.0221 Individual access to identifiable health information

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(a) Within fourteen days of the receipt of a request to review identifiable health information, the department shall provide the requestor an opportunity during regular business hours to inspect copies of such information in the possession of the department, which concerns or rel…

A.S.C.A. § 13.0222 Denial of request by department

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(a) The department may deny a requestor the opportunity to inspect identifiable health information in the possession of the department or may deny a request for copies of such information if: (1) The department can show by clear and convincing evidence that the review of the iden…

A.S.C.A. § 13.0223 Accuracy and correction of identifiable health information

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(a) The department shall reasonably ensure the accuracy and completeness of identifiable health information. (b) After inspection or review of copies of identifiable health information, a requestor may request that the department correct, amend, or delete erroneous, incomplete, o…

A.S.C.A. § 13.0224 Public health nuisances

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(a) It is unlawful for any person to create, aggravate, or allow the existence of a public health nuisance. (b) The department may immediately and thoroughly investigate any suspected public health nuisance upon receiving a complaint of its existence or when there is probable cau…

A.S.C.A. § 13.0225 Administrative searches and inspections to determine existence of a public health nuisance

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(a) Upon consent of the owner, custodian or occupant, department personnel may enter any property, building or structure at any reasonable time to inspect, investigate, evaluate, conduct tests, or take specimens or samples for testing as may be reasonably necessary to determine c…

A.S.C.A. § 13.0226 Vaccinations–Vaccination program

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(a) The department may require vaccination of any individual within their jurisdictions to prevent the introduction or spread of an infectious disease or other condition of public health importance. The department may make rules requiring and governing immunization against typhoi…

A.S.C.A. § 13.0227 Testing–examination–screening

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(a) The department may establish and administer testing, examination, and screening procedures or programs to identify conditions of public health importance among individuals or communities in the Territory. (b) In conducting any test, exam, or screening procedure or program, th…

A.S.C.A. § 13.0228 Department agents and inspectors

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The director shall appoint a suitable number of agents and inspectors to enforce all public health laws and regulations. History: 2007, PL 30-11.

A.S.C.A. § 13.0229 Counseling and referral services program

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(a) The director may establish voluntary, confidential programs for counseling and referral services (CRS). These services shall be available and easily accessible to all individuals with, or possibly exposed to, a contagious disease as determined by the director. (b) If the dire…

A.S.C.A. § 13.0230 Relationships between the department and federal agencies, ASG agencies, public and private sector partners and volunteers

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(a) The director, or his designee, may seek to establish working relationships with federal agencies, ASG agencies, public and private sector partners and volunteers to aid and assist in the provision of essential public health services and functions. (b) The director may form an…

A.S.C.A. § 13.0231 Disbursement of moneys

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For the purpose of carrying into effect this act relating to public health, the department may apportion and disburse all sums of money received including but not limited to sums that are appropriated by the Fono, or granted through federal health grants from the United States Go…

A.S.C.A. § 13.0232 Community health centers

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The department shall administer and supervise community health center facilities and functions on Tutuila Island, Manu’a Islands, and Swains Island. The number and location of community health centers, and the scope of services provided shall be determined by the director and the…

A.S.C.A. § 13.0233 Demonstration projects

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(a) The department may declare one or more community health centers as demonstration projects. (b) Other provisions of the American Samoa Code Annotated notwithstanding, the scope of services, standards of quality and performance, degree of autonomy, organization and staffing mod…

A.S.C.A. § 13.0234 Development of a public health workforce

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(a) The department may provide voluntary accreditation programs for cooperating ASG agencies, public and private sector partners and volunteers based on the ability of a person or agency assisting the department in providing essential public health services and functions. (b) The…

A.S.C.A. § 13.0235 Incentives, evaluations and recognition for public health workforce

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(a) The department may provide a voluntary accreditation program for ASG agencies, public or private sector partners or volunteers in various areas concerning public health including providing essential public health services and functions. (b) Any accreditation program under thi…

A.S.C.A. § 13.0236 Maintenance and inspection of food records

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(a) If the director or department personnel have a reasonable belief that an article of food is adulterated and presents a threat of serious adverse health consequences or death to humans or animals, each person who manufactures, processes, packs, distributes, receives, holds, or…

A.S.C.A. § 13.0237 Immunities

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The director, the department, and department personnel, except in cases of gross negligence or willful misconduct, shall not be liable for the death of or any injury to individuals, or damage to property, as a result of complying with or attempting to comply with the act or any r…

A.S.C.A. § 13.0238 Severability

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The provisions of this act are severable. If any provision of this Act or its application to any person or circumstances is held invalid in a Court of competent jurisdiction, the invalidity does not affect other provisions or applications of this act that can be given effect with…

A.S.C.A. § 13.0239 Civil Enforcement

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The department may maintain a civil action against any person to enforce compliance with or violations of the act. History: 2007, PL 30-11.

A.S.C.A. § 13.0240 Legal representation of department and/or director

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Legal representation for the department shall be provided by the Attorney General. The director may retain and hire one or more private attorneys when needed only after determination by the attorney general that a bona fide need to hire a private attorney exists, and the attorney…

A.S.C.A. § 13.0241 Adoption, amendment and revisions of regulations

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(a) The director shall adopt regulations required by and to implement this act and any other laws for the proper and expedient operation of the Department and to carry out the purpose of this act. (b) The director shall make such rules as directors deems necessary for the public …