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Health Professional Licensing Act, 2009


Published: 2010-03-24

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Health Professional Licensing Act 2009
TITLE 19 – REGULATION OF PROFESSIONS AND OCCUPATIONS
CHAPTER 6 - HEALTH PROFESSIONAL LICENSING
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
HEALTH PROFESSIONAL LICENSING ACT 2009
Arrangement of Sections
Section Page
PART I - PRELIMINARY 3
§601. Short title. .............................................................................................................................. 3
§602. In this Chapter, unless the context otherwise requires: .................................................. 3
PART II - BOARD OF HEALTH PROFESSIONS 4
§603. Establishment of Board of Health Professions. ................................................................ 4
§604. Functions and Duties of the Board. ................................................................................... 4
§605. Composition of Board. ......................................................................................................... 5
§606. Terms of office and qualifications. ..................................................................................... 6
§607. Appointment, vacancies, removal, suspensions. ............................................................. 6
§608. Meeting. ................................................................................................................................. 7
§609. Compensation of members. ................................................................................................ 7
§610. Immunity. .............................................................................................................................. 7
§611. Administrative support. ...................................................................................................... 8
§612. Advisory committee. ............................................................................................................ 8
PART III - LICENSING OF HEALTH PROFESSIONALS 8
§613. License required; qualifications of applicants. ................................................................. 8
§614. Standards for licensing Health Professionals. .................................................................. 8
§615. Renewal of license. ............................................................................................................... 9
§616. Inactive status. ...................................................................................................................... 9
§617. Reinstatement of lapsed licenses. ....................................................................................... 9
§618. Authority. .............................................................................................................................. 9
§619. Establish fees. ...................................................................................................................... 10
§620. Duties of licensees .............................................................................................................. 10
PART IV - TITLES AND ABBREVIATIONS 11
§621. Titles and abbreviations. ................................................................................................... 11
PART V - APPROVAL OF EDUCATIONAL PROGRAMS AND
PHARMACIES 14
§622. Approval of health professional education programs. ................................................. 14
§623. Approval of Pharmacies. .................................................................................................. 14
PART VI - VIOLATIONS 15
§624. Violations. ........................................................................................................................... 15
§625. Exceptions. .......................................................................................................................... 16
PART VII - MISCELLANEOUS 17
§626. Good Samaritans ................................................................................................................ 17
§627. Offenses and Penalties. ..................................................................................................... 17
§628. Repealer. .............................................................................................................................. 17
§629. Transition. ........................................................................................................................... 17
§630. Bylaws and Regulations. ................................................................................................... 18
TITLE 19 – REGULATION OF PROFESSIONS AND OCCUPATIONS
CHAPTER 6 - HEALTH PROFESSIONAL LICENSING
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
HEALTH PROFESSIONAL LICENSING ACT 2009
AN ACT to provide for licensing of health professionals, to establish a Board and to
repeal certain provisions of the Health Services Act, 1983, and the Nursing Practice
Act, 1995.
Commencement: March 24, 2010
Source: P.L. 2010-38
PART I - PRELIMINARY
§601. Short title.
This Chapter may be cited as the Health Professional Licensing Act, 2009.
§602. In this Chapter, unless the context otherwise requires:
(a) “Approval school” means a learning institution approved by
the Board of Health Professions or other board as meeting the
minimum requirements established by the Board for the
preparation of health professionals;
(b) “Board” means the Marshall Islands Board of Health
Professions established under Section 3 of this Chapter;
(c) “Ex Officio” means a public official who attends Board
meetings to sit as advisory member by reason of their office
pursuant to Section 5(3)(e);
(d) “Health Profession” means any profession practiced by a
health professional;
(e) “Health professional” means any health professional with
titles listed in Section 22;
(f) “Licensee” means a valid document permitting the practice of
a health profession as specified under this Chapter;
(g) “Licensee” means person to whom the license is issued or
renewed by Board, or the person at whose request the license
is issued or renewed;
(h) “Minister of Health” means the Minister of Health of the
Republic of the Marshall Islands;
(i) “Other board” means a health professional regulatory agency
comparable to the Health Officers Association, or by other
state, territory, commonwealth, or a foreign country;
(j) “Secretary” means the Secretary of Health responsible for
health services.
PART II - BOARD OF HEALTH PROFESSIONS
§603. Establishment of Board of Health Professions.
There shall establish within the Ministry of Health and Environment, the
Marshall Islands Board of Health Professions hereinafter refer to as (“the
Board”).
§604. Functions and Duties of the Board.
(1) The functions and duties of the Board are to:
(a) examine, issue, and renew the licenses of health professionals;
(b) enforce qualifications for licensing of health professionals;
(c) regulate health professionals to practice with a license;
(d) develop and enforce reasonable standards for health
professional;
(e) collect data regarding practices of health professions;
(f) implement a disciplinary process;
(g) issue limited, temporary of provisional licenses to health
professional subject to restricted terms and conditions that the
Board may impose;
(h) notify all license and certificate holders about changes in laws
and regulation regarding health professions practice;
(i) submit annual reports and collect information upon request, to
the Minister of Health and the Secretary of Health;
(j) maintain records of the Boards proceeding;
(k) provide consultation and conduct conferences, forums, studies
and research on health professional practices and education;
(l) maintain records of the Boards proceeding;
(m) promote improvement of standards of the practice, for the
protection of the public health, safety, and welfare of the
various health professions;
(n) enforce certain health professionals to obtain malpractice
insurance prior to obtaining a license;
(o) create by-laws and promulgate regulations, and
(p) any other duties and functions which are consistent with the
provisions of this Chapter .
(2) The Board shall advise the Secretary of Health on any of the matters
encompassed under this Chapter and on any other matter that may
be referred to the Board by the Minister of Health.
(3) This Chapter shall not be construed to require the Board to report
violations of the provisions of the Act to the Minister of Health when,
in the Board’s opinion and in the public interest, a written notice of
warning is to be served on the individual who violates the provisions
of this Chapter .
§605. Composition of Board.
(1) The Board shall consist of 5 members, appointed by the Cabinet as
recommended by the Minister of Health.
(2) The Secretary will submit nominations to the Minister who will
recommend the nominee to the Cabinet for appointment.
(3) The five members shall be nominated as follows:
(a) one (1) physician licensed to practice in the Republic of the
Marshall Islands from a list of three nominees.
(b) one (1) dentist licensed to practice in the Republic of the
Marshall Islands from a list of three nominees.
(c) two (2) nurses licensed to practice in the Republic of the
Marshall Islands from a list of three nominees.
(d) one (1) allied health practitioner licensed to practice in the
Republic of the Marshall Islands from a list of three nominees.
(e) an ex- officio member may be appointed by the Minister upon
recommendation by the Secretary of Health. The ex-officio
member may sit only as an advisory capacity and may not
vote on any matter.
§606. Terms of office and qualifications.
(1) Appointments shall be for a term of four years.
(2) Each member of the Board shall be a citizen or resident of the
Republic.
(3) Each member of the Board must have a valid licence to practice as
health profession in the Republic of the Marshall Islands.
§607. Appointment, vacancies, removal, suspensions.
Appointment, vacancies, removal and suspension of members shall be made
as follows:
(1) This Secretary shall circulate a list of names of nominees to serve as
members of the Board. A nominee who consents to serve as a
member of the Board shall place his or her signature opposite his or
her name on the list;
(2) Subject to Section 5(2) of this Chapter, the Secretary shall submit
nominations to the Minister of Health, who will recommend the
nominations for appointment by the Cabinet;
(3) Any vacancy in the membership on the Board shall be filled for the
unexpired term in the same manner as provided for other Board
members;
(4) If a successor has not been appointed when the term of a member
expires, the term of the member shall be extended until a successor is
appointed; provided that under no circumstances may an extension
last longer than 60 days;
(5) The powers of the Board shall not be affected by reason of a vacancy
or vacancies in the membership of the Board, except when there are
insufficient Board members to constitute a quorum of majority of 3;
(6) If a Board member changes his or her area of professional practice so
that the Board’s composition no longer complies with the provisions
of this Chapter, that Board member shall be deemed to have resigned
from the Board as of the date of his or her change of practice;
(7) The Secretary may by motion or recommendations of the Board,
supported by documentary evidence, submit to the Minister of
Health and Cabinet, removal of any member of the Board on the
grounds of neglect of duty, incompetence, unprofessional or
disreputable conduct, or conviction of a felony or misdemeanor; and
(8) Where any criminal or disciplinary investigation or proceeding is
commenced against a Board member, the Secretary may suspend the
member from the Board until the conclusion of the investigation or
proceeding.
§608. Meeting.
The Board shall meet at least twice yearly and may hold other special
meetings during a year as may be necessary to conduct its business.
§609. Compensation of members.
The members of the Board shall not be entitled to receive any salary,
remuneration, or other compensation for their services except that they may
be reimbursed for necessary expenses incurred in the performance of official
duties. At the discretion of the Secretary of Health, travel and per diem may
be authorized for those members who reside apart from the location of a
Board meeting.
§610. Immunity.
(1) All members of the Board shall have immunity from individual civil
liability for acts or omissions committed while acting within the
course and scope of their duties as Board members.
(2) Any professional review committee authorized by the Board shall be
immune from suit in any civil action taken by a licensee who is the
subject of a professional review proceeding.
(3) Subject to the Evidence Act, the testimony of any witness appearing
before the Board shall be privileged from discovery and may not be
used in any subsequent civil or criminal proceeding. At the discretion
of the Board, the identity and testimony of any witness shall remain
the confidential information of the Board.
§611. Administrative support.
The Secretary shall provide such administrative support to the Board as may
be necessary for the due and efficient conduct of its affairs.
§612. Advisory committee.
The board may appoint advisory committees to assist the board in the
implementation of this Chapter. Members of advisory committees shall not
be entitled to receive any salary, remuneration, or other compensation for
their services except that they may be reimbursed for necessary expenses
incurred in the performance of official duties. At the discretion of the
Secretary of Health, travel and per diem may be authorized for those
members who must travel from off-island to attend to Board business.
PART III - LICENSING OF HEALTH PROFESSIONALS
§613. License required; qualifications of applicants.
(1) No person shall practice a health profession in the Republic of the
Marshall Islands unless that person holds a valid license issued by
the Board or is permitted under this Chapter.
(2) Any person who holds a valid license to practice a health profession
in the Republic of the Marshall Islands on the effective date of this
Chapter shall be deemed to be license under the conditions and
standards prescribed in the Chapter and the regulations.
§614. Standards for licensing Health Professionals.
(1) The Board shall establish criteria and standards for licensing of health
professionals.
(2) The Board shall publish those standards in the regulations.
§615. Renewal of license.
(1) The Board shall issue licenses for a maximum duration of two (2)
years.
(2) The Board shall establish a schedule of fees for renewal of licenses in
the regulations.
(3) The Board shall establish criteria and standards for renewal of licence
health and shall publish those criteria and standards in the
regulations.
(4) The Board shall issue short-term licenses to medical teams providing
health care services to the people of the Republic for a period of week
or a month.
(5) Any medical team applying for a short time license shall submit
credentials to the Secretary of Health and will be reviewed and
approved by the Board.
§616. Inactive status.
(1) Upon written request to the Board, a health professional in good
standing may cause his or her license to be placed on an inactive list,
and such licensee may not practice during the time the license is
inactive.
(2) No renewal fee shall be required during the period of inactivity. If an
inactive licensee desires to resume practice, the licensee must meet
the criteria for competency as established in the regulation.
§617. Reinstatement of lapsed licenses.
A licensee, whose license is lapsed or expired, may apply for reinstatement
according to the Boards regulations.
§618. Authority.
(1) The Board shall have the power to refuse the issuance or renewal a
license; to suspend, revoke, restrict, or place any condition upon any
license; to place on probation, or to reprimand a license for any of the
reasons set forth below.
(2) The Board may take such disciplinary action pursuant to its
regulations when it is proven that a licensee or applicant has violated
the terms of this Chapter or Regulations made under this Chapter.
§619. Establish fees.
(1) The Board is authorized to establish appropriate fees for licensing by
examination, re-examination, endorsement, or reciprocity and such
other fees and fines as the Board determines necessary as designate in
a fee schedule in the regulations.
(2) The fees and fines collected under this Section and Section 28 of this
Chapter shall be deposited into an account for use by the Board in
conducting its activities.
§620. Duties of licensees
(1) A health professional who holds a valid license shall;
(a) Provide information upon request by the Board, enabling the
Board to perform its duties in regulating and controlling
health professions. Failure to provide the requested
information may result in non-renewal, suspension, or
revocation of the health professional’s license to practice.
(b) Submit a physical or mental examination by a designated
physician when directed in writing by the Secretary of Health;
provided, that the Secretary of Health may only direct a
mental or physical examination after the Secretary of Health
receives a written recommendation from the Board.
(c) Subject to subsection (1)(b) of this Section, the Board may:
(i) if requested by the licensee, designate the license a
physician for an independent medical examination.
This request shall not constitute an admission of any
allegation relating to such cause.
(ii) waive all objections by the licensee as to admissibility of
the examining physician’s testimony or examination
reports at any Board proceeding on the grounds that
they constitute a privileged communication.
(iii) not use medical testimony or examination reports
against a health professional in any non-Board
proceeding and shall be confidential. At reasonable
intervals, the health professional shall be afforded an
opportunity to demonstrate that he or she can resume
the competent practice of his or her profession with
reasonable skill and safety to patients.
(iv) base its determination on criteria set in the regulations
and make recommendations to the Secretary of Health
that a licensee required to submit to a mental or
physical examination.
(d) Report to the Board any acts or omissions committed by the
health professional as grounds for disciplinary action as are set
forth in this Chapter.
(e) Report to the Board every adverse judgment in a professional
or occupational malpractice action to which the licensee is a
party, and every settlement of a claim against the licensee’s
alleging malpractice.
(f) Submit a complete application for license renewal with any
documents and fees as may be required for re-licensure by the
Board, before expiration of the professional’s current license to
practice. Failure of the Board to remind the professional in
advance of the date of expiration shall not constitute adequate
grounds for the professional to fail to renew his/her license on
time.
PART IV - TITLES AND ABBREVIATIONS
§621. Titles and abbreviations.
Any person who holds a valid license to practice a health profession in
Republic of the Marshall Islands shall have the right to use the following
titles or abbreviations as part of provision of services.
(1) Physicians:
(a) M.D. (Doctor of Medicine)
(b) M.O. (Medical Officer)
(c) D.O. (Doctor of Osteopathy)
(d) M.B.B.S. (Bachelor of Medicine and Bachelor of Surgery)
(e) D.C.H.M.S. (Diploma of Community Health, Medicine, &
Surgery)
(2) Dentistry:
(a) D.M.D. (Doctor of Medicine in Dentistry)
(b) D.D.S. (Doctor of Dental Surgery)
(c) D.A. (Dental Assistant)
(d) D.N. (Dental Nurse)
(e) D.T. (Dental therapist)
(f) B.D.S. (Bachelor of Dental Surgery)
(g) B.D.Sc. (Bachelor of Dental Science)
(3) Nurses:
(a) R.N. (Register Nurse)
(b) L.P.N. (Licensed practical Nurse)
(c) A.N.P. (Advance Nurse Practitioner)
(d) C.N.A. (Certified Nurse Anesthetist)
(e) C.N.M. (Certified Nurse Midwife)
(f) N.A. (Nursing Assistant)
(g) N.P. (Nurse practitioner)
(h) O.R.T. (Operating Room Technicians)
(4) Behavioral Health Professionals:
(a) Ph.D. (Clinical Psychologist)
(b) M.A., M.S. (counselor)
(c) B.S.W., B.S., B.A., M.S.W., M.S., Ph.D., L.C.S.W. (Social worker)
(d) Certified Addictions Counselor
(e) Psychiatric Technician
(5) Physician Assistant:
(a) P.A. (Physician Assistant)
(b) Medex (Medex)
(c) A.M.O. (Assistant Medical Officer)
(d) Health Assistants
(e) Community Health Workers
(6) Pharmacy Professionals:
(a) R.P. (Pharmacist)
(b) Pharmacy Technologist
(c) Pharmacy Technician
(7) Laboratory Professionals:
(a) Laboratory Professionals
(b) Laboratory Technician
(8) X-Ray Professionals:
(a) X-Ray Technologist
(b) X-Ray Technician
(9) Sanitarian
(10) Therapists:
(a) P.T. (Physiotherapist)
(b) O.T. (Occupational Therapist)
(c) M.T. (Music Therapist)
(d) Massage Therapist
(11) Acupuncturists
(a) C.A. (Certified Acupuncturist)
(b) Lic.At. (Licensed Acupuncturist)
(12) R.D. (Registered Dietitian)
(13) Veterinarians:
(a) Veterinary Technicians
(14) Other medical professions as set forth in regulations.
The various categories of specialists, titles, and abbreviations shall be
designated by the Board in its regulations.
PART V - APPROVAL OF EDUCATIONAL PROGRAMS AND
PHARMACIES
§622. Approval of health professional education programs.
(1) The Board shall approve the establishment, conduct of, and standards
for health professional education programs including all clinical
facilities use for learning, and shall survey and approve programs
that meet the requirements of this Chapter.
(2) An institution desiring to conduct a health professional education
program in Republic of the Marshall Islands shall apply to the Board
and submit evidence that its program meets the standards
established by the Board.
(3) The Board shall approve the program, if the Board finds that the
program meets the established standards for this type of educational
program.
(4) The Board shall periodically survey and evaluate approved health
professional education programs and shall publish a list of approved
programs.
(5) The Board may deny or withdraw approval or take such action as
deemed necessary when health professional education programs fail
to meet the standards established by the Board.
(6) The Board shall reinstate approval of a health professional education
program upon submission of satisfactory evidence that the program
needs the standards established by the Board.
(7) Provisional approval of new programs may be granted pending the
licensing results of the first graduating or participating class.
(8) Conditional approval may be granted to a health professional
program which is working toward meeting the conditions for full
approval. The graduates of conditionally approved programs may be
eligible for licensing.
§623. Approval of Pharmacies.
(1) The Board shall, by regulation, approve the establishment, conduct
of, and standards for pharmacies, and shall survey and approve
pharmacies that meet the requirements of this Chapter and the Board.
(2) Any party desiring to conduct a pharmacy in Republic of the
Marshall Islands shall apply to the Board and submit evidence that its
pharmacy meets the standards established by the Board. If the Board
finds that the pharmacy meets the established standards, it shall
approve the program.
(3) The Board shall periodically re-survey and re-evaluate approved
pharmacies and shall publish a list of approved pharmacies.
(4) The Board may deny or withdraw approval or take such action as
deemed necessary when pharmacies fail to meet the standards
established by the Board.
(5) The Board shall reinstate approval of a pharmacy upon submission of
satisfactory evidence that the pharmacy meets the standards
established by the Board.
PART VI - VIOLATIONS
§624. Violations.
A person shall not:
(a) Engage in the practice of a health profession as defined in this
Chapter without a valid license, except as otherwise permitted
under this Chapter and the Regulations promulgated under
this Chapter.
(b) Practice a health profession under cover of any diploma,
license, or record illegally or fraudulently obtained, signed, or
issued.
(c) Use any words, abbreviations, figures, letters, title, sign, card,
or device sending to imply that he or she is a licensed health
practitioner unless the person is licensed to practice under this
Chapter and the Regulations promulgated under this Chapter.
(d) Fraudulently obtain a license or furnish a license to another.
(e) Knowingly employ unlicensed persons in the practice of a
health profession.
(f) Conduct a pharmacy without the approved of the Board.
(g) Fail to report known violations of this Chapter.
(h) Conduct a health professional education program without the
approval of the Board.
(i) Violate or assist another person to violate any provision of this
Chapter.
§625. Exceptions.
No provision in this Chapter shall be construed to prohibit:
(1) Gratuitous care of the sick, injured, or infirm by friends or relatives.
(2) Incidental care of the sick, injured, or inform by persons acting as
parents or by persons primarily employed as house-keeper.
(3) Domestic administration of Marshallese family or Marshallese
traditional remedies or healing acts.
(4) Necessary health care services performed in case of an emergency,
epidemic, or public disaster.
(5) The practice of a health profession which forms an integral part of a
student’s training program approved by the Board, or which forms
an integral part of a program leading to qualification as a physician,
dentist, surgeon or practitioner of any other health profession and not
expressly provided in this Chapter.
(6) The establishment of an independent practice by one or more health
professionals for the purpose of rendering to patients health care
services within the scope of their educational preparation and the
scope of their license(s) to practice.
(7) The practice of any health professional on board a vessel or aircraft
traveling to or from any part of Republic of the Marshall Islands to
any port outside Republic of the Marshall Islands.
(8) Care of any employee, servant, or agent of a foreign government
organization or any individual present in Republic of the Marshall
Islands in connection with any educational or assistance program
approved by the government of Republic of the Marshall Islands.
PART VII - MISCELLANEOUS
§626. Good Samaritans
(1) No licensee, employer of a licensee, or other person, who in good
faith renders emergency care the scene of an emergency, shall be
liable to any civil damages as a result of any negligent or reckless acts
or omissions by the licensee or other person in rendering the
emergency care.
(2) For the purpose of this Section “Good Samaritans” means emergency
medical care rendered at scene of emergency.
(3) For purposes of this section, “the scene of an emergency” means:
(a) any place other than within a hospital or medical clinic; or
(b) the emergency room or similar urgent care facility of any
hospital; or
(c) medical clinic when immediate emergency care is needed by
three or more patients for each doctor that is present.
§627. Offenses and Penalties.
(1) Criminal Offenses: A person who violates any provisions of this
Chapter shall be guilty of a criminal offense and shall, upon
conviction, be sentenced to not more than six months in prison, and
fined not more than $1,000 per violation.
(2) Civil Penalties: Any institution or company or corporation or
organization which violates any provision of this Chapter shall be
punishable by civil penalties not exceeding $1,000 per initial violation
or $10,000 for each subsequent violation.
§628. Repealer.
The provisions applicable to health professions in the Nursing Practice Act,
1995 and the Health Services Act, 1983 are hereby repealed.
§629. Transition.
Section 18, 19a, 20, 21, 22, 24, and 25 of this Chapter shall not be enforced
until 100 days after the effective date of the Chapter.
§630. Bylaws and Regulations.
The Board shall promulgate regulations pursuant to the requirements of the
Administrative Procedures Act.