FSMC, TITLE 51.  LABOR

 
 
 
Chapter 2:  Nonresident
Workers' Health Certificates

201.   Statement of policy.
202.   Certificate required.
203.   Physical examination required.
204.   Notification to High Commissioner of reasons for rejecting permit holder.
205.   Revocation of entry permit.
206.   Penalties for violation of chapter.
207.   Regulations.

      201.  Statement of policy.

     (1)   It is the policy of the Trust Territory Government to insure the health of its citizens, and to prevent the over taxation of its medical and hospital facilities and personnel in the care and treatment of non-Trust Territory citizens who arrive in the Trust Territory in a condition of ill health.

     (2)   To this end, it shall be the practice of the Trust Territory Government, in accordance with the terms of this chapter:

          (a)   to require each nonresident worker and each member of his family entering the Trust Territory to have in his possession a certificate of freedom from contagious disease;

          (b)   to conduct a physical examination of every entrant into the Trust Territory who holds an entry permit for employment in the Trust Territory; and

          (c)   to revoke such entry permit upon a showing that the continued presence of such person in the Trust Territory would violate the statement of intent in this section.

Source:  COM PL 5-45 1; TT Code 1980, 49 TTC 51.

      202.  Certificate required.

     (1)   In addition to any other requirements contained in this title or title 50 of this code, every person admitted to the Trust Territory for employment under the provisions of chapter 1 of this title and every person admitted to the Trust Territory as a member of the family of such person shall have in his possession, and thereafter shall keep in his possession, a certificate of freedom from communicable diseases.

     (2)   Such certificate shall be executed and validated not more than 30 days preceding the date of entry of such person into the Trust Territory by a physician licensed to practice medicine in the country of origin of that person.

Source: COM PL 5-45 2, TT Code 1980, 49 TTC 52.

      203.  Physical examination required.
     Within 10 days after his entry into the Trust Territory, each holder of an entry permit which authorizes such person to enter the Trust Territory for the purpose of employment and each member of the family of such person shall be subject to a physical examination to be conducted by or under the auspices of the Department of Health Services.  The cost of such physical examination shall be borne by the entry permit-holder.

Source:  COM PL 5-45 3; TT Code 1980, 49 TTC 53.

      204.  Notification to High Commissioner of reasons for rejecting permit holder.

     (1)   The director of the Department of Health Services shall, within a reasonable time after the completion of the physical examination required in section 202 of this chapter, notify the High Commissioner as to any medical reasons why the entry permit holder or the member of the family of the entry-permit holder should not be allowed to remain in the Trust Territory, if any, and shall state the basis of his judgment.

     (2)   No such notification shall be made if the continued presence of the entry permit holder or the member of the family of the entry permit holder in the Trust Territory would not, in all medical probability, result in substantial danger to the health of the inhabitants of the Trust Territory or in a need for prolonged medical care and treatment while in the Trust Territory.

     (3)   Such notification shall be made upon any positive finding of any contagious disease, including any social disease.

Source:  COM PL 5-45 4; TT Code 1980, 49 TTC 54.

      205.  Revocation of entry permit.
     Upon notification from the director of Health Services to the High Commissioner as provided in section 203 of this chapter, the High Commissioner shall revoke the entry permit of the entry-permit holder or the member of his family in question on the grounds that his continued presence in the Trust Territory would not be in the best interests of the Trust Territory.

Source:  COM PL 5-45 5; TT Code 1980, 49 TTC 55.

      206.  Penalties for violation of chapter.
     Failure by a nonresident worker to have the certification required by section 202 of this chapter in his possession, or failure to take the physical examination required by section 203 of this chapter within the time prescribed, shall:

     (1)   be grounds for denial of entry or for revocation of nonresident worker's permit or entry permit; and

     (2)   constitute a violation of section 167(2) of this title.
 
Source: COM PL 5-45 6; TT Code 1980, 49 TTC 56.

Editor's note:  The cross-reference in subsection (2) as enacted was to 49 TTC 14(2), which is published in this edition as 167(2) of this title.

      207.  Regulations.
     The High Commissioner shall have the power, in the manner which is or may be provided by law, to establish and promulgate regulations not inconsistent with this chapter, and may delegate any or all of his responsibilities under this section to the chief of Immigration, the chief of Labor, the director of Health Services, or any of them.

Source:  COM PL 5-45 7; TT Code 1980, 49 TTC 57.