Title 13 — Health and Economic Welfare Services

(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 …

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

The purpose of this act is to: (a) Establish the parameters and authority of the Department of Health and of the director to develop and implement a comprehensive response to events or occurrences of potential or actual public health emergencies through formal declarations and tr…

As used in this act, terms shall have the same meaning as stated in the American Samoa Public Health Act unless defined below: (1) “Act” means the American Samoa Emergency Health Powers Act. (2) “Bioterrorism” means the intentional use of any microorganism, virus, infectious subs…

(a) It is the policy of American Samoa that in the event or occurrence of a public health emergency, that the public health be protected and promoted to the greatest extent possible through the public health system while respecting individual rights to dignity, health information…

To carry out the purpose of this act, the director and the department are authorized, in addition to exercising any and all powers provided under the American Samoa Public Health Act, to provide or implement upon the declaration of a public health emergency, a response to an even…

(a) The director and department are authorized to use the powers and provisions set forth in this act to respond to, control, or ameliorate conditions arising from events or occurrences of public health emergencies in addition to any and all powers and authority provided to the d…

(a) A public health emergency may be declared by the Governor, at the director’s recommendation, upon the event or occurrence of a public health emergency, or the imminent threat of a public health emergency. Prior to such a declaration, the Governor and/or Director, may consult …

The department must perform public emergency health services and functions. The department may actively collaborate with federal agencies, ASG agencies, public and private sector partners, volunteers, and any other person or entity within or without the Territory to improve these…

All persons within the department shall seek to accomplish the purposes and mission of this act while respecting individual rights including: (1) Respect for the dignity of each individual; (2) Protection of health information privacy for each individual consistent with the purpo…

A response plan is needed to achieve the purpose of this act and provide public health emergency services and functions. (a) The director shall develop a public health emergency plan and deliver a copy of the plan to the Governor. The response plan should address the following go…

(a) The director and department may identify and encourage public and private leaders in the Territory to work through the department to develop, administer, and fulfill the requirements of this act, and ensure the provision of public health emergency services and functions. (b) …

(a) The department may seek to establish working relationships and agreements with federal agencies, ASG agencies, public and private sector partners and volunteers, to coordinate, assist or engaged in the providing of a response to a public health emergency. (b) The director may…

(a) The department is authorized to collect, analyze, and maintain databases of identifiable or non-identifiable information related to: (1) Risk factors identified for specific conditions of public health emergencies; (2) Morbidity and mortality rates for events or occurrences o…

A health care provider, hospital, coroner, medical examiner, and veterinarian shall report to the department all cases of individuals or animals who harbor, or are suspected of harboring, any condition of possible public health importance that may be potential causes or indicator…

The department may investigate conditions of public health emergencies through: (1) Methods of epidemiological investigation including identifying individuals who have been or may have been exposed to, affected by or infected by an event or occurrence of a public health emergency…

The department may administer testing, examination, and screening procedures or programs to identify conditions of actual, possible and imminent public health emergencies. History: 2007, PL 30-11.

The director or department may require vaccination of any individual within their jurisdictions to prevent the introduction or spread of an infectious disease or other threat to public health during a declared public health emergency. History: 2007, PL 30-11.

During a declared public health emergency, the department may collect, or cause to be collected, specimens or environmental samples and perform tests on living and deceased individuals, environmental samples, and any animal (living or deceased), and acquire any previously collect…

During a declared public health emergency, the director and department are authorized: (1) To close, direct, and compel the evacuation of, or decontaminate or cause to be decontaminated any facility of which it has reasonable cause to believe that it may have been exposed to, sub…

(a) During a declared public health emergency, ASG procurement is authorized to make emergency procurement of any and all items, services and products of any nature as requested by the director, or his designee, to be used to respond to the public health emergency. (b) All other …

To the extent practicable and consistent with the appropriate response to an event or occurrence of a public health emergency, prior to the destruction of any property under this act, the department shall institute appropriate civil proceedings concerning the property to be destr…

(a) During a declared public health emergency, any non-governmental person and employees and agents of such person under the direction of the director or his duly appointed agent, or who renders assistance or advice at the request of the director or his duly appointed agent shall…

(a) Any person who willfully violates or obstructs the execution of any of this act’s provisions, regulation, or rule, or fails to follow any Court order under this act, for which no other penalty is prescribed, shall be guilty of a class A misdemeanor. (b) Any action under this …

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 federal or Territory court, the invalidity does not affect other provisions or applications of this act which can be given effect without …

(a) This act does not restrict any person from complying with federal law or regulations. (b) In the event of a conflict between this act and other Territory laws or regulations, the provisions of this act and its regulations shall apply. History: 2007, PL 30-11.

(a) The director shall adopt regulations, policies or procedures addressing and governing the response, notification and explanation to the public, coordination, identification, enforcement and termination of a declaration of a public health emergency and all acts or actions need…

(a) During any declared public health emergency, the director may enact one or more temporary regulations, rules or procedures as needed in the discretion of the director. (b) Any such temporary regulations, rules or procedures shall automatically terminate thirty days after the …

A population-based cancer registry is hereby established. The Department of Health shall administer and maintain the cancer registry established under this section. History: 1998, PL 25-22; amd 2010, PL 31-15 § 1.

The Department of Health shall collect, for each form of in-situ and invasive cancer (with the exception of basal cell and squamous cell carcinoma of the skin), data concerning: (1) demographic information about each case of cancer; (2) information on the industrial or occupation…

The Department of Health shall develop rules necessary to: (1) ensure complete reporting by hospitals, laboratories, physicians and other health care practitioners diagnosing, or providing treatment for cancer patients; (2) ensure access to all records that would identify cases o…

(a) In order to obtain complete information on American Samoa patients who have been diagnosed or treated in other territories and states and in order to provide information to other states, territories, cancer registries, federal cancer control agencies, and health researchers r…

(a) Certificates of birth and death shall be completed by the Department of Medical Services of the Government of American Samoa and forwarded to the Registrar of Vital Statistics as soon as possible, but in no event more than 6 months after birth, (b) The Registrar shall charge …

As used in this chapter: (a) “Affidavit” means a written statement executed under oath by a person who at the time of birth was of sufficient age to have knowledge of the facts of birth and shall include the full name of the person whose birth is sought to be registered, the name…

(a) The birth of every child shall be reported promptly to the pulenuu of the village where the child was born, together with such further particulars as the pulenuu may request. Within 30 days from the date of birth, the child shall be footprinted on a birth certificate provided…

The father of an illegitimate child is not required to give information under this chapter regarding the birth of the child, and the father’s name may not be entered on the records unless requested in writing by both the mother and the person acknowledging himself to be the fathe…

(a) An application may be filed with the Registrar of Vital Statistics for the delayed registration of birth of any person born in this territory whose birth is not registered. Such application may be made only by the person whose birth is sought to be registered if he is 18 year…

(a) When a birth is sought to be registered under this chapter and the date of application is less than 7 years following the date of birth, only one affidavit, of either the physician or other attendant at birth, or of the mother or father of the person whose birth is sought to …

(a) Upon receipt by the Registrar of Vital Statistics of an application for delayed registration of birth, and payment of a reasonable fee to be set by the Registrar, the Registrar shall review the application, together with the affidavits and accompanying documentary evidence, a…

Delayed certificates of birth issued pursuant to this chapter shall not be considered as evidence in any action or proceeding involving estates or decedents or in any proceeding to establish heirship unless the affidavit of at least one person who knew the facts was filed at the …

(a) The Registrar of Vital Statistics is authorized and directed to prepare application forms necessary to issue an identification card to any American Samoan who requests one. The forms shall contain information required by the Registrar and be accompanied by such affidavits and…

(a) In case any dead body is found, and in case of any accidental death or death allegedly caused by unlawful means, the pulenuu shall report it without delay to the Attorney General for investigation. If such is not possible, the report shall be made to the local representative …

A report required by this chapter, when made by one of several persons responsible for making it, shall relieve the others of the duty to report. History: 1968, PL 10-55.