13.0303 Definitions.

Cite as [A.S.C.A. § 13.0303]

As used in this act, terms shall have the same meaning as stated in the American Samoa Public Health Act unless defined below:

(1) “Act” means the American Samoa Emergency Health Powers Act.

(2) “Bioterrorism” means the intentional use of any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism.

(3) “Contaminated material” means wastes or other materials exposed to or tainted by chemical, radiological, or biological substances or agents.

(4) “Department” means the Department of Health.

(5) “Director” means the director of the Department of Health.

(6) “Event or occurrence” means an incident, situation, or episode.

(7) “Health care facility” means any institution, building, or agency or portion thereof, whether public or private (for-profit or nonprofit) that is used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any individual in American Samoa.

(8) “Public health emergency” means the declaration by the Governor of a crisis or emergency situation requiring a response to an event or occurrence or imminent threat of an illness or health condition that:

(A) Is believed to be caused by any of the following:

(i) Bioterrorism;

(ii) The appearance of a novel or previously controlled or eradicated infectious agent or biological toxin; or

(iii) A natural disaster, a chemical attack or accidental release, or a nuclear attack or accident; and

(B) Poses a high probability of any of the following harms:

(i) A large number of deaths in the affected population;

(ii) A large number of serious or long-term disabilities in the affected population; or (iii) Exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.

(9) “Public health emergency services and functions” means services and functions provided in response to an event or occurrence of a public health emergency.

(10) “Public health importance” means effecting, affecting or concerning and adversely affecting the health of the public.

(11) “Response” means the department’s reaction and reply to attempt to address, ameliorate, lessen, and protect the public upon the event or occurrence of a public health emergency.

(12) “Response plan” means the strategy and design of the department to address, ameliorate, lessen, and protect the public upon the event or occurrence of a public health emergency.

(13) “Threat”, “threaten”, “threatening”, “threatened” means the existence of a potential or imminent danger, harm, risk or damage.

(14) “Threat to public health” means an event or occurrence of such significance, as determined by the director, that the general health or well-being of the people of the Territory is threatened.

History: 2007, PL 30-11.