Title 3, Human Resources

Chamorro and Carolinian Language Policy Commission: Duties and Functions. (a) Study antecedents, describe the grammar, and prescribe good usages for the Chamorro and Carolinian languages; (b) Prepare a modern and up-to-date Chamorro-Carolinian-English dictionary; (c) Represent th…

Committee on Certification of Chamorro and Carolinian Translators. There is established within the Chamorro and Carolinian Language Policy Commission a Committee on Certification of Chamorro and Carolinian Translators comprised of four members of the commission; provided that two…

Director: Appointment and Duties. (a) The chair of the commission shall, with commission approval, appoint a director academically qualified or by training and experience to perform the duties set forth in this chapter. The director shall be exempt from the civil service. (b) The…

Budget. (a) The commission’s budget shall be considered part of the budget of the Department of Community and Cultural Affairs, with expenditure authority vested in the Director of the commission. (b) Any supplemental appropriation for the commission shall be placed in a separate…

Purpose and Findings. (a) The protection of the health of the public is of paramount importance. (b) The quality, availability and honesty of the practitioners of the health care professions substantially determines whether the public receives the health care protection required.…

Definitions. As used in this chapter: (a) “Board” means the Health Care Professions Licensing Board established by this chapter. (b) “Board fund” means the Health Care Professions Licensing Board Fund, established by this chapter. (c) “Commonwealth” or “CNMI” means the Commonweal…

Exceptions to Jurisdiction. Nothing in this chapter shall: (a) Prohibit the exercise of the traditional Micronesian art of healing or a person’s practicing a recognized religion or local faith that includes in its tenets the ministering to the sick or suffering, provided that: (1…

Health Care Professions Licensing Board. (a) There is in the Commonwealth Government a Health Care Professions Licensing Board, formerly called the Medical Profession Licensing Board, an independent regulatory agency, given the complete jurisdiction, power, authority and duty to …

Meetings; Meetings by Electronic Means. (a) In general: (1) The Board shall act at its meetings, or as otherwise provided by law. (2) The Board shall make provision for the attendance of members by electronic means, if a member so requests. (3) Meetings shall be noticed as requir…

Health Care Professions Licensing Board: Powers, Duties, and Functions. The Board shall have the following powers, duties, and authority to: (a) Adopt and enforce the law consistent with this chapter; (b) Promulgate, amend, and/or repeal rules and/or regulations to advance this c…

Health Care Professions Licensing Board: Jurisdiction. Notwithstanding any other provision of this chapter, the Board’s power, jurisdiction and authority shall extend to persons engaging in the practice of any of the health care professions regulated by the Board, whether their p…

Health Care Professions Licensing Board: Liability, Immunity, Indemnification. (a) With respect to the Board’s affairs, the following definitions shall apply to PL 15-22, as amended, 7 CMC §§ 2201-10 ("CELRTCA”), and/or its successor, (1) "Employee" in 7 CMC § 2201(4) includes cu…

Health Care Professions Licensing Board Restricted Fund. (a) A Health Care Professions Licensing Board Restricted Fund shall be established for the use of such funds as may be placed therein pursuant to the provisions of this chapter. (b) The Department of Finance shall maintain …

Health Care Professions Licensing Board Staff and Counsel. (a) The Board may designate its administrative functions to an executive director or other chief operating officer, subject to the oversight of the Board's chair. Such person may employ a staff. (b) The Board’s staff shal…

License to Practice Requirement. Except as otherwise explicitly provided by law, no person whose profession is regulated by this chapter may do the following without having a valid license issued by the Board: (a) Practice or offer to practice a health care profession regulated b…

Health Care Professionals Required to Be Licensed. The following health care professionals, practicing the following professions, are required to be licensed, certified, registered, or otherwise regulated by the Board: (a) Acupuncturist; (b) Audiologist; (c) Chiropractor; (d) Cli…

Physician-Medical Officer. No person shall practice as a Physician-Medical Officer who is not: in possession of a valid Commonwealth license on the effective date of this chapter. Source: PL 3-30, §§ 7, 8; amended by PL 7-48, § 2; PL 10-43, § 2; repealed and reenacted by PL 15-10…

Limited Practice for Physicians Licensed to Practice in a Foreign Country. (a) Notwithstanding any other provision of this chapter, a physician licensed to practice in a foreign country may be granted a license to practice subject to the requirements and conditions provided in re…

Qualifications for Licensure. (a) No artificial person shall practice a health care profession regulated by the Board independently of a licensed natural person. (b) No natural person shall practice a health care profession regulated by the Board without a valid, duly issued lice…

Licensure by Endorsement. (a) The Board may grant a license to a person to practice a health care profession without examination if: (1) The person holds a valid, active license to practice that health care profession in another jurisdiction; (2) The person substantially complies…

Language. The Board shall provide by rule and/or regulation for appropriate English language proficiency of a licensee, giving due regard to the required training, education and experience, to the applicable language of commerce and regulation, to the licensee’s continuing educat…

Temporary or Limited Licenses. (a) The Board shall provide by rule and/or regulation for a temporary or limited license, as appropriate, to address one or more of the following conditions: (1) Emergencies, disasters or shortages of skilled professionals; (2) The effective use of …

Application for Licensure. (a) Application for licensure or renewal shall be made upon an application form to be furnished by the Board and shall be signed and sworn to under penalty of perjury by the applicant. (b) There shall be paid to the Board a non-refundable application fe…

Term of License. (a) A license issued by the Board shall be valid for two years, except as otherwise specifically provided in this chapter. (b) The validity of a license shall expire on the: document's termination date, except as otherwise specifically provided in this chapter. (…

Renewal of License. (a) The burden shall be upon the licensee to timely submit an application for renewal. (b) Each licensee shall be responsible for submitting a completed renewal application at least eight weeks, fifty-six calendar days, before the expiration date of the curren…

Business License to Conform to Board License. (a) As a general rule, no Commonwealth agency may issue a business license for a person using the terms describing a health care professional which are used in this chapter and in the regulations promulgated pursuant to the chapter, o…

Reporting Requirements. (a) Every health care facility shall inform the Board fully in writing within five weeks, thirty-five calendar days, of an adverse disciplinary action, including those actions described in this chapter, taken against any health care professional practicing…

Discipline, Reasons for. (a) Scope. The Board's complete power, authority, and jurisdiction shall extend to any person engaging in, or purporting to engage in, the practice of a health care profession regulated pursuant to this chapter, including persons offering their own servic…

Criminal and Other Penalties and Remedies. (a) Misdemeanor. (1) Every person who intentionally practices or attempts to practice any health care profession within the Commonwealth in violation of this chapter and the regulations promulgated pursuant thereto shall be guilty of a m…

Civil Penalties and Other Discipline. (a) Summary suspension. Notwithstanding any other provision of law, upon a finding that immediate action is needed to reduce or eliminate the likelihood of harm to the public health, safety or welfare or to a patient of a health care professi…

Complaints to the Board and Procedures. (a) The Board shall develop procedures for the prompt and efficient receipt, investigation and resolution of complaints and hearings, including rules of practice and procedure. Such procedures shall include notification of a licensee of an …

Confidentiality. (a) The Open Government Act of 1992, 1 CMC §§ 9917-18, shall determine the extent to which the Board's records, files and other information shall be privileged and confidential and may be protected from disclosure. Such protection shall apply to the work product …

Appeals of Board Decisions. (a) Appeals of the Board's action or inaction shall be conducted pursuant to the Commonwealth Administrative Procedure Act, 1 CMC §§ 9108- 15. (b) An appeal of the Board's action or inaction shall be treated for discovery purposes as an appeal, and not…

Bond Not Required. Bond or other security shall not be required of the Board, including: (a) To enforce the provisions of this chapter and its regulations; (b) To restrain any violation thereof; or (c) On appeal. Source: PL 3-30, § 15; amended by PL 7-48, § 3 (§ 2230); repealed a…

Suing the Board. (a) Unless otherwise stated by regulation, service personally or by mail upon the Board's chief operating officer or the administrative official serving as secretary shall constitute service upon the Board. (b) Except that service upon the Board shall not be perf…

Construction of Board Action; Liberal Construction. (a) The Board's substantial compliance with the requirements of the laws which the Board administers is sufficient to give effect to all of the Board's orders, acts, rules and regulations, and the Board's orders, acts, rules and…

Electronic Means for Filing and Doing Business. The Board may provide for the filing, payment, recording of its actions, data storage, submission and storage of materials, and conducting of the Board's business, by electronic means. Electronic means shall be favored. Source: PL 1…

National and Interstate Data Banks. (a) Reporting to the Board. (1) Each licensee and each person in the Commonwealth employing a licensee, including the Commonwealth Health Center and its successors and assigns, shall report to the Board: (i) Information which it receives relati…

Transition. (a) The Board is and shall be the successor to the Commonwealth Medical Profession Licensing Board in respect to all of the duties, powers and authority previously vested in the Medical Board and now vested in or imposed upon the Board. (b) All actions and publication…

Retired Senior Volunteer Program for Health Professionals. (a) The Board may issue a license to a person meeting the requirements for participation in the Retired Senior Volunteer Program for Health Professionals. (b) The Board is authorized to create a Retired Senior Volunteer P…

Definitions. As used in this chapter, the following terms shall, unless the context clearly indicates otherwise, have the following meanings: (a) "Administrative Hearing Office" means the hearing office of the Department of Labor; and for purposes of 1 CMC §§ 9109 and 9110 as tho…

Job Preference. Citizens and CNMI permanent residents and U.S. permanent residents shall be given preference for employment in the Commonwealth. Capability in the official languages of the Commonwealth is an important skill with respect to working effectively within the Commonwea…

Job Vacancy Announcement. Any employer may utilize the Department to fill a job vacancy by filing a job vacancy announcement which includes information as required by the Secretary by regulation. Any employer seeking permission to employ workers other than citizens or CNMI perman…

Job Referral and Advertising. Upon receiving a job vacancy announcement, the Department shall assess the good faith efforts by the employer to fill the job vacancy with a qualified citizen or CNMI permanent resident and US permanent resident and then shall endeavor to fill the jo…

Compliance with the "Resident Workers Fair Compensation Act." All notices issued under this article shall comply with 4 CMC §§ 9501 et seq., the "Resident Workers Fair Compensation Act." Source: PL 15-108, § 4(4524).

Work Force Participation By Citizens and CNMI Permanent Residents and U.S. Permanent Residents. In the full-time workforce of any employer, the percentage of citizens, U.S. permanent residents, and CNMI permanent residents and their immediate relatives employed shall equal or exc…