Title 13 — Health and Economic Welfare Services

(a) When any person dies, and the cause of death cannot otherwise be satisfactorily ascertained, an autopsy of the body to discover the cause of death may be performed if the Attorney General certifies in writing that the autopsy is necessary for the detection of possible crime, …

(a) The body of a deceased Samoan shall not be buried until a burial permit has been issued by the county chief or his authorized representative. (b) The body of a deceased non-Samoan shall not be buried until a burial permit has been issued by the Attorney General. History: 1962…

(a) Whenever the facts are not correctly stated in any certificate of birth, death, or marriage already registered, the person asserting the error may make an affidavit under oath stating the changes necessary to make the record correct, supported by the affidavit of one other pe…

Any person who violates a provision of this chapter shall be guilty of a class B misdemeanor and upon conviction, sentenced accordingly. History: 1968, PL 10-55; amd 1980, PL 16-90 § 54. Amendments: 1980 Amended to conform with penalties provided for in Title 46, Criminal Justice…

As used in this chapter, unless the context clearly requires otherwise: (1) “American Samoa” is defined by 41.0202 (1)(c). (2) “Medical attention”, means direct patient care provided by a medical doctor, medical officer, osteopath, dentist, or dental officer, including drugs and …

(a) Medical attention shall be provided free of charge by the government to the following persons: (1) all American Samoans, including those who are not American Samoans but are married to an American Samoans, and their children if they are residing in American Samoa at the time …

(a) Professional and other service and administrative charges shall be made by the Department of Health (including Samoan medical and dental officers) and the Medical Center to persons not provided for in 13.0601. Such charges shall be reviewed annually pursuant to law. (b) Charg…

The Department of Health is hereby designated as the state agency for the medicaid program in American Samoa. The Department shall develop administer and amend as necessary the medicaid state plan, prepare and submit the annual presumed eligible report, and ensure that the medica…

The Director of Health shall designate an individual in the Department of Health as State Medicaid Director to administer the medicaid program. History: 1998, PL 25-22.

The modified annual medicare/medicaid cost report and other financial reports required by the medicaid state plan will remain the responsibility of the Medical Center. History: 1998, PL 25-22.

(a) A written document appointing a representative to make health care decisions for a principal shall be signed by the principal in the presence of two subscribing witnesses. A principal unable to sign the instrument may, in the presence of witnesses, direct that another person …

(a) A principal is presumed to be capable of making health care decisions for himself or herself unless she/he is determined to be incapacitated. Incapacity may not be inferred from the person’s voluntary or involuntary hospitalization for mental illness or from his or her mental…

(a) The representative, in accordance with the principal’s instructions, unless such authority has been limited expressly by the principal, shall: (1) Have the authority to act for the principal and to make all health care decisions for the principal during the principal’s incapa…

(a) Any competent adult may, at any time, make a living will or written declaration and direct the providing, withholding, or withdrawal of life-prolonging procedures in the event that such person has a terminal condition, has an end-stage condition, or is in a persistent vegetat…

(a) If a person has made a living will expressing his or her desires concerning life-prolonging procedures, but has not appointed a representative pursuant to this part I, the attending physician may proceed as directed by the principal in the living will. In the event of a dispu…

(a) In the absence of a living will, the decision to withhold or withdraw life-prolonging procedures from a patient may be made by a health care representative appointed by the principal pursuant to part I unless the instrument limits the representative’s authority to consent to …

In determining whether a patient has a terminal condition, has an end-stage condition, or is in a persistent vegetative state, or may recover capacity, or whether a medical condition or limitation referenced in an advanced directive exists, the patient’s attending or treating phy…

(a) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying. (b) The withholding or withdrawal of life-prolon…

As used in this chapter, unless the context otherwise requires: (a) “Controlled substance” means a drug, substance, or immediate precursor listed in 13.1004 through 13.1014. (b) “Deliver” means the actual, constructive, or attempted transfer from one person to another of a contro…

(a) The Director shall administer this chapter and may add substances to or delete substances enumerated in 13.1004 through 13.1014 pursuant to the procedures of the Administrative Procedure Act, 4.1001 et seq. In making a determination regarding a substance, the Director shall c…

Persons engaged in treating a user of controlled substances under authority of the Director may not be compelled to reveal the name of the user where the user has voluntarily applied for help. History: 1974, PL 13-56 § 3.

Controlled substances include any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation: Acetylmeth…

Controlled substances include any of the following opium derivatives, their salts, isomers and salts of isomers, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation: Acetorphine Acetyldihydrocodeine Benzylmorphi…

Controlled substances include any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within …

Controlled substances include any of the following substances, except those narcotic drugs otherwise listed in this chapter, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combinati…

Controlled substances include any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation: Aiphaprodine Anileridine Bezit…

Controlled substances include any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: (1) amphetamine, its salts, optical isomers, and sa…

Unless listed otherwise in this chapter, controlled substances include any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) any s…

Controlled substances include nalorphine. History: 1974, PL 13-56 § 3.

Controlled substances include material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof: (1) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams pe…

Controlled substances include any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: Barbital Chloral betaine Chloral hydrate Ethchlorv…

Controlled substances includes any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or p…

(a) Except as authorized by the Director, it is unlawful for any person to deliver, dispense, distribute, possess with intent to deliver, dispense, or distribute, produce, or manufacture a controlled substance. In determining whether a controlled substance is possessed with inten…

(a) Except as authorized by the Director, it is unlawful for any person to deliver, dispense, distribute, produce, manufacture, or possess with intent to deliver, dispense, distribute, produce, or manufacture a counterfeit of a controlled substance. (b) Any person who violates th…

(a) Except as authorized by the director, it is unlawful for a person to possess a controlled substance. (b) A person who violates this section is guilty of a felony and shall be punished as follows: (1) for a first offense, a fine not less than $5,000 and not more than $20,000 o…

(a) Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. (b) An offense is considered a second or subsequent offense if, pr…

Any employee of the Government of American Samoa who is commissioned or duly authorized to make arrests within the jurisdictional boundaries of his agency, which includes but is not limited to, territorial police, customs inspectors, immigration officers, agriculture inspectors a…

The High Court may exercise jurisdiction to restrain or enjoin violations of this chapter. History: 1974, PL 13-56 § 3.

The following are subject to forfeiture: (1) all controlled substances which have been manufactured, distributed, dispensed or acquired in violation of this chapter; (2) all raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, c…

(a) Property subject to forfeiture under this chapter may be seized by the Territorial police upon process issued by any appropriate court having jurisdiction over the property. Seizure without process may be made if: (1) the seizure is incident to an arrest or a search under a s…

Controlled substances that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and shall be seized and summarily forfeited to the territory. Controlled substances which are seized or come into the possession of the territory, the owne…

Species of plants from which controlled substances may be derived, which have been planted or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growth, may be seized and summarily forfeited to the territory. History: 197…

(a) It is not necessary for the territory to negate any exemption or exception in this chapter in any complaint, information, or other pleading, or in any trial, hearing, or other proceeding under this chapter. The burden of any exemption or exception is upon the person claiming …

No liability is imposed by this chapter upon any authorized Territorial officer engaged in the lawful performance of his duties. History: 1974, PL 13-56 § 3.

No person may import or sell in American Samoa any medicines or drugs, including patent medicines, unless permission to do so has been granted under regulations approved by the Governor. History: 1962, PL 7-12.

No person may export any medicines, drugs or other supplies originally obtained from the Department of Medical Services without the written permission of the Director. History: 1962, PL 7-12.

Any person who violates any provision of this chapter, or who aids or abets any other person to violate it, shall be guilty of a class D felony and upon conviction, sentenced accordingly. History: 1972, PL 7-12; amd 1980, PL 16-90 § 53. Amendments: 1980 Amended to conform with pe…

The Legislature of American Samoa finds cigarette smoking and other tobacco use by minors to be a continuing problem with grave public health consequences. According to recent U.S. studies, every day more than 3,000 minors begin smoking. One-half of smokers begin before the age 1…

As used in this chapter, unless the context clearly requires otherwise: (1) “Director” means the Director of Human and Social Services. (2) “Board” means the Tobacco Sales Hearing Board. (3) “Outlet” means any location, whether fixed or mobile, from which tobacco products are sol…

(a) No person shall sell or permit to be sold cigarettes or other tobacco products to an individual without requesting and examining identification establishing the purchaser’s age as eighteen years or older, unless the seller has some other conclusive basis for determining the b…