Admin supports House bill allowing DoH to screen minors for communicable diseases

Pago Pago, AMERICAN SAMOA — Government officials are fully supporting a House bill authorizing the Department of Health (DOH) to screen minors for communicable disease and limits waiver of consent to screening and examinations during a House Health committee hearing yesterday morning.

Witnesses who testified for the bill included the director of the Department of Health, Motusa T. Nua and his medical staff, Attorney General Fainuulelei Falefatu Ala’ilima Utu, along with members of the HIV/AIDS Advisory Board, which includes pastors and priests.

Vice Speaker of the House, Fetui Fetu Jr was concerned about the screening process of minors without the consent of their parents and asked the AG to explain whether this is legal or not.

The Health Medical teams testified that there are different types of screening and there are specific types of screening parents need to understand. There is screening for the whole body and there is screening for just parts of the body.

Fono Counsel, Nathaniel Savali, who is also a member of the HIV/AIDS Advisory Board explained to the committee that when a doctor goes beyond the standard of care, that can be considered as “illegal”.

Fetui said that these are the types of things he’s very concerned about because all these screenings are not going to be conducted in the presence of their parents. He wanted to know what age group of minors is to be tested and examined for communicable diseases without their parent present, and what age group requires the presence of their parents.

Data from the HIV/AIDS Advisory Board states that there were minors under the age of 12 year old who are affected with these diseases. The Board revealed that there were times where minors walked in requesting to be screened and examined but were told that they must bring in their parents.

“Once these minors leave the facility they will never come back — and by the time they return back to the facility, it is too late,” the Board data revealed.

Fetui felt that there needs to be a legal review of the bill to ensure that parental rights for their minor children are not compromised.

THE BILL

This House bill was passed by the House of Representatives in the 36th Legislature, but was tabled by the Senate.

The bill authorizes the department to create rules requiring non-residents traveling to the Territory to provide proof of vaccination from communicable diseases and all other afflictions the department may deem necessary for protecting public health and welfare.

According to the American Samoa Code Annotated (A.S.C.A) 13.0226 - Vaccination program — the department may require vaccination of any individual within their jurisdiction to prevent the introduction or spread of an infectious disease or other condition of public health importance.

The department may make rules requiring and governing immunization against “tuberculosis” and any other communicable disease.

The proposed amendment states that: “The department may make rules requiring non-residents traveling to the territory to provide proof of vaccination and immunization as a prerequisite of entry by the Board of Immigration. The director shall provide a list to the Board of Immigration and the Attorney General of the required vaccination and immunizations.”

Furthermore, “For purposes of screening 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 deemed to have and shall have the same legal capacity to act, and the same legal obligation with regard to the giving of such consent to the screening or examination by physicians or health professionals of the department, as that of an individual who has reached the age of majority.”

“Such consent shall not be subject to later disaffirmation by reason of such minority and the consent of no other person or persons (including, but not limited to a spouse, parent, or legal representative) shall be necessary in order to authorize the screenings or examination. The authorizing of consent by a minor shall only include screening or examination. Consent for treatment for any positive test result of any affliction shall not be waived.