Chapter 2:  Health
Services Personnel

I:      Licensing (§§ 201-210)
II:     Training (§ 213)

Subchapter I:  Licensing

§ 201.   Short title.
§ 202.   Definitions.
§ 203.   License to practice required.
§ 204.   Regulations — Fees.
§ 205.   Display and record of licenses.
§ 206.   Revocation or suspension of license — Disciplinary action.
§ 207.   Traditional healing arts exempt.
§ 208.   Civil liability immunity.
§ 209.   Confidentiality of records.
§ 210.   Penalty.

Editor's note:  PL 4-41, codified in this subchapter, apparently supersedes PL 3-79 on the same subject.  PL 3-79 is not codified.

     § 201.  Short title.
     This subchapter shall be known and may be cited as the “Medical Health Care Licensing Act of 1986.”

Source:  PL 4-41 § 1.

     § 202.  Definitions.
     As used herein unless otherwise indicated by the context:

   (1)   “Board” means the Secretary of Health Services.

   (2)   “Practice of medical health care” includes activities as a doctor, optometrist, dentist or pharmacist, as those activities may be described by the President or the Board pursuant to this subchapter or amendments hereto.

   (3)   “President” means the President of the Federated States of Micronesia.

Source:  PL 4-41 § 2; PL 4-102 § 1; PL 5-21 § 11; PL 8-45 § 32, modified.

     § 203.  License to practice required.
     All persons are prohibited from practicing medical health care in the Federated States of Micronesia, except in a training or residency program strictly supervised in accordance with regulations promulgated under this subchapter, unless duly licensed by the Board.  Any license to practice medical health care issued pursuant to the authority of section 201 of title 41 of this code and valid on the effective date of the act codified in this subchapter shall remain valid until its expiration date.

Source:  PL 4-41 § 3.

Cross-reference:  The statutory provisions governing the licensing of nursing are found in chapter 9 of this title.

Editor's note:   The “section 201” referred to was repealed by PL 3-79.

     § 204.  Regulations; Fees.

   (1)   The President is authorized to promulgate regulations, pursuant to chapter 1 of title 17 of this code, to carry into effect this subchapter.  He may delegate this authority to the Board.

   (2)   Any regulations under this subchapter shall include a definition of the term “practice of medical health care” which shall include activities as a doctor, optometrist, dentist or pharmacist.  Such definition shall:

   (a)   be a reasonable approximation of the ordinary understanding of the activities of doctors, optometrists, dentists and pharmacists;

   (b)   exempt students participating in a directly controlled program of medical study; and

   (c)   exempt licensed doctors, optometrists, dentists and pharmacists from such other jurisdictions as may be prescribed by regulation who are in the FSM on consultations and registered with and approved by the Board.

   (3)   The Board may by regulation require that a fee be paid by applicants for licenses or renewals of licenses.  The fees may be different for different types of licenses.  In no event shall any fee be greater than $400.

Source:  PL 4-41 § 5; PL 4-102 § 2; PL 5-21 § 16; PL 8-45 § 33.

Cross-reference:  Chapter 1 of title 17 of this code is on FSM Administrative Procedures.

     § 205.  Display and record of licenses.
     Each licensee shall post his license in a prominent location at the primary place of practice within the Federated States of Micronesia.  A permanent record of each license and each renewal thereof shall be maintained by the Board.  Such licenses shall be available for public inspection.

Source:  PL 4-41 § 7; PL 5-21 § 16.

     § 206.  Revocation or suspension of license — Disciplinary action.
     Any license issued or in effect pursuant to the provisions of this subchapter may be revoked or suspended for cause by the Board.  The Board may take such other disciplinary action against the holder of a license as the Board finds appropriate.  The provisions of chapter 1 of title 17 of this code shall apply to such action.

Source:  PL 4-41 § 7; PL 5-21 § 16.

Cross-reference:  Chapter 1 of title 17 of this code is on FSM Administrative Procedures.

     § 207.  Traditional healing arts exempt.
     Nothing in this subchapter shall be interpreted to preclude the practice of, or require medical health care licenses for, the traditional healing arts as customarily employed by citizens of the Federated States of Micronesia.

Source:  PL 4-41 § 9; PL 5-21 § 16.

     § 208.  Civil liability immunity.
     All members of the Board and its experts, specialists, investigators, informers, and consultants shall be immune from civil liability on any claim based on issuance of a license or on any investigation, or on any written or oral statement made to the Board in connection with any official Board proceeding.

Source:  PL 4-41 § 10; PL 5-21 § 16.

     § 209.  Confidentiality of records.
     All information provided to the Board by an applicant and all information provided to the Board, by any source, in connection with official activities of the Board, shall be confidential and shall be released only in response to a subpoena or court order; provided, however, that applicants shall have access to their records pursuant to procedures established by regulation.

Source:  PL 4-41 § 11; PL 5-21 § 16.

     § 210.  Penalty.
     A person who willfully violates any of the provisions of this subchapter or regulations promulgated under this subchapter is guilty of a crime and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned for not more than one year, or both.

Source:  PL 4-41 § 12; PL 5-21 § 16.

Subchapter II:  Training

§ 213.  Training.

Editor's note :  PL 4-42, as amended by PL 4-99, authorized the President to enter into an agreement with the University of Hawaii, obligating the Federated States of Micronesia to provide, for each fiscal year commencing 1986 through 1995, up to $50,000 of indemnification to the University of Hawaii for medical malpractice claims arising from the conduct of employees and students of the medical officer training school in Pohnpei.

     § 213.  Training.
     The Department of Health Services, in cooperation with the Department of education, shall conduct or supervise continuing educational programs in the field of public health including preservice and in-service training.

Source:  TT Code 1966 § 616; TT Code 1970, 63 TTC 151; TT Code 1980, 63 TTC 151.

Editor's note:  This section was renumbered from “209” at the first cumulative supplement to accommodate codification of PL 4-41 in subchapter I.

Cross-reference:  The statutory provisions on Education are found in title 40 of this code.