TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION
§ 4923. Health Certifications. (a) The Secretary may require a foreign national worker admitted to the Commonwealth, or a person admitted to the Commonwealth as a member of the immediate family of a foreign national worker, to undergo a physical examination in the Commonwealth performed by any medical physician licensed to practice general medicine in the Commonwealth by the Commonwealth Medical Professional Licensing Board within ten business days after entry into the Commonwealth. The cost of a physical examination of a foreign national worker shall be paid by the employer of the foreign national worker. The cost of an examination of a member of the immediate family of the foreign national worker shall be paid by the foreign national worker. (b) Within ten business days after the examination, the examining physician shall transmit the certificate to the Secretary of Public Health for transmission to the Secretary of Labor together with a finding as to whether there is any medical reason that the person should not be permitted to remain in the Commonwealth. This finding shall be based on the medical probability that any disease, whether or not communicable, or any disability or any other medical condition would result in significant danger to the health of the inhabitants of the Commonwealth or the need for prolonged medical care or treatment while in the Commonwealth. (c) Upon receiving notice that there is a medical reason any foreign national worker or immediate relative should not be permitted to remain in the Commonwealth for health reasons designated as a threat to the public health in the Commonwealth by the Secretary of Public Health, the Secretary shall notify the foreign national worker and offer repatriation at the earliest date on which it is medically safe to travel. If repatriation is not accomplished, the Secretary shall forward the relevant documentation to the federal immigration authorities for deportation. Source: PL 15-108, § 4(4923); PL 17-1 § 5(Q)(2)(d) (March 22, 2010),* modified. Commission Comment: The Commission deleted figures that repeated written words in the above section pursuant to 1 CMC § 3806(e). *PL 17-1 (enacted on March 22, 2010) contained the following effective date provision: Section 12. Effective date. This Act shall take effect upon its approval by the Governor or becoming law without such approval and shall be retroactive to November 28, 2009 except as otherwise specifically provided herein. For more information regarding Public Law 17-1, see comment to 3 CMC § 4511.