Title 13 — Health and Economic Welfare Services

This chapter shall be known as, and may be cited as, the American Samoa Public Health Act. History: 2007, PL 30-11.

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…

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) 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) 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) 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) 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) 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) 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) 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) 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…

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) 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…

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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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…

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) 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) 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…

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…

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) 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) 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) 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) 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…

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…

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…

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

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) 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 …