Testing minors for communicable diseases without parental consent raises concerns with some faipule

Pago Pago, AMERICAN SAMOA — Despite strong opposition from several faipule during a hearing regarding a House bill authorizing the DOH to test minors for any communicable diseases and limit waiver of consent to screening, testing, and examining, the bill was passed by a vote of 11-2.

Before the bill was passed, a hearing was called to discuss the amendment to the Health and Economic Welfare bill, where members of the American Samoa HIV Coalition testified before the House Health Committee, chaired by Rep. Vesi Talalelei Fautanu Jr.

Among members of the American Samoa HIV Coalition who testified for the bill were DOH Director Motusa Tuileama Nua and Dr. Saipele Fuimaono.

THE BILL

The first amendment authorizes DoH to test minors for any communicable disease and limits waiver of consent to screening, testing and examining. “Consent for treatment for any positive test result of any affliction shall not be waived,” the proposed legislation states.

The second proposed change to current law, as outlined in the bill, authorizes DoH to create rules that may require non-residents traveling to American Samoa to provide proof of vaccination from communicable diseases and all other afflictions that the department may deem necessary for protecting pubic health and welfare.

Proof of immunization would be part of the approval process for non-residents entry by the Immigration Board, according to provisions of the proposal which also states that the Health director shall provide a list to the Immigration Board and Attorney General of the required immunizations.

The proposed bill also adds “tuberculosis” as an infectious disease requiring immunization.

For purposes of screening, testing or examination only, a minor who is or professes to be afflicted or is concerned with being afflicted with a sexually transmitted disease, the HIV virus, or AIDS, shall be able to give such consent, “as that of an individual who has reach the age of majority”.

The authorizing of consent by a minor shall only include screening, testing, or examination. Consent for treatment for any positive test result of any affliction shall not be waived.

THE HEARING

It was during the hearing that committee members were informed of the reason why the DOH supports the proposed amendments.

For many years, children have visited the DoH and requested to be tested for sexually transmitted diseases (STD).

According to Dr. Saipele Fuimaono, DoH cannot conduct testing or screening for individuals under the age of 18 years old unless consent from their parents or legal guardian. When DoH then tells individuals under 18 years old to bring their parents, they never show up at the DoH office again.

If these amendments are passed by the Fono, DoH will have the authority to conduct screening, testing and examination for individuals under 18 years old without the consent from the parents or legal guardians.

However, if the result is positive, at that time DoH would contact the parents and inform them of the outcome of the screening. Moreover before treatment, parents would be required to give their consent.

Swains representative, Su’a Alexander Eli Jennings requested members of the HIV Coalition to provided any data to prove that there are ‘under 18’ who have requested such screening.

The Fofo representative voiced concern in regards to any liability ASG would face because of removing parental consent and if parents’ rights would be violated.

CONCERN BY OTHER REPRESENTATIVES

Before the bill passed during the third reading last Friday, several representatives voiced their concerns regarding the amendments.

Vice Speaker of the House, Fetu Fetui Jr that he understands the bill and its importance to saving lives of children. However, he doesn’t support parts of the bill which say that the screening would be conducted without the knowledge of parents or the legal guardians.

“I don’t want to hear later about anything that has happened to my children without my knowledge. This is not a good bill, this is one of the many bad bills that come into this chamber,” said Fetui Jr.

The Manu’a #1 faipule strongly support the existing laws, which give parents the right of consent and the right to know everything happening to their children when it comes to the children’s health records.

“I’m one of the many parents who would be so disappointed if someone did something to hurt my children. And that is the same thing that applies to this bill.”

Rep. Vaetasi Tuumolimoli Saena Moliga echoed Fetui Jr’s statement.

He told the chamber that he doesn’t support the amendment to the bill that removes the rights of a parents to know what is going on regarding their children.

Rep. Gafatasi Afalava, who supported the bill, told the chamber that the bill is very clear, it only talks about the authority given to the Health Department to conduct screening, testing and examination of individuals under 18 without the consent of their parents. However, once the result is positive, parents would be then notified and their consent required before the DOH proceed with any treatment for the minor.