Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694840093898.pdf (Micronesia, Federated States of)
FIFTEENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIRST REGULAR SESSION, 2007 C.B.

NO.
NO.

15-05 A BILL FOR AN ACT To further amend Title 41 of the Code of the Federated States of Micronesia, as amended, by enacting a new chapter 11 thereof, to establish a Cancer Registry System in the Federated States of Micronesia for the collection of information on the incidence of cancer and related data; to provide for the confidentiality of identifying information regarding cancer patients, health care facilities and health care providers; and for other purposes.
BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.

Title 41 of the Code of the Federated States of 2 Micronesia, as amended, is hereby further amended by enacting a 3 new chapter 11 entitled "Cancer Registry System Act".

4 Section 2.

Title 41 of the Code of the Federated States of 5 Micronesia, as amended, is hereby further amended by adding a new 6 section 1101 of chapter 11 to read as follows: 7 8 9 "Section 1101.

Short title.
Short title.

This chapter shall be known and cited as the 'Cancer Registry System Act'."

Section 3.

Title 41 of the Code of the Federated States of 10 Micronesia, as amended, is hereby further amended by adding a new 11 section 1102 of chapter 11 to read as follows: "Section 1102.

Definitions.
Definitions.

As used in this chapter, the following terms shall have the following meanings set forth below: (1) "Cancer" means all malignant neoplasm’s, regardless of the tissue of origin, including malignant lymphoma disease and all benign brain tumors.

12 CBL 15-5 C.B.

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NO.

15-05 (2) "Health care facility" means a hospital, nursing home, clinic, community health center, dispensary, office or other institution that provides medical care in the Federated States of Micronesia (3) "Health care provider" means a physician (M.D., M.B.B.S., M.O., D.O., or D.D.S), medex, nurse practitioner, registered nurse, graduate nurse, nurse midwife, practical nurse and/or health assistant in the Federated States of Micronesia.
(4) "Informed consent" means that a patient has been informed of the Cancer Registry System and understands that their confidential records will be provided to the Secretary and the possible uses of that information.

(5) "Secretary" means the Secretary of Health, Education and Social Affairs (HESA) or person designated by the Secretary to compile information, prepare reports, or perform any functions required or permitted under this Act."

Section 3.
Section 3.

Title 41 of the Code of the Federated States of 20 Micronesia, as amended, is hereby further amended by adding a new 21 section 1103 of chapter 11 to read as follows: 22 23 24 25 "Section 1103.

Cancer Registry.

(a) The Secretary and each health facility and health care provider shall jointly establish a uniform, nation-wide population-based cancer registry system for 2 of 8 C.B.

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NO.

15-05 the collection of information regarding the incidence of cancer and related data.

The Secretary and each health care facility and health care provider shall jointly adopt rules necessary to effect the purposes of this Act, including the data to be reported and the effective date after which reporting by health care facilities and health care providers shall be required.
(b)If a patient diagnosed or treated in the FSM provides written Informed consent, their diagnosis or treatment shall be reported to the Secretary to compile cancer related data.

If a patient diagnosed or treated in the FSM does not provide written consent, their information must not be provided to the Secretary under this Chapter.

(c) The Secretary shall establish a training program for the personnel of participating health care facilities and a quality control program for cancer data.
The Secretary shall collaborate in studies with clinicians and epidemiologists and publish reports on the results of such studies.

The Secretary shall cooperate with the U.S. National Institutes of Health and the Centers for Disease Control in providing cancer incidence data."

Section 4.

Title 41 of the Code of the Federated States of 25 Micronesia, as amended, is hereby further amended by adding a new 3 of 8 C.B.

NO.
NO.

15-05 1 section 1104 of chapter 11 to read as follows: "Section 1104.

Participation in program.

Each health care facility and health care provider diagnosing or providing treatment to cancer patients shall report to the Secretary each cancer case that occurs within that facility or provider’s office.
Within 120 days of the effective date of this Act, the Secretary and each health care provider and health care facility shall jointly promulgate a plan to set forth the format, content and timing of the report required by this section, including remedies and penalties for non- compliance.

Any cancer patient whose diagnosis or treatment is reported to the Secretary shall be informed of this fact by the health care facility or health care provider prior to submission of the report.
This section shall only apply to cancer cases diagnosed or treated following the effective date of this Act.” Section 5.

Title 41 of the Code of the Federated States of 19 Micronesia, as amended, is hereby further amended by adding a new 20 section 1105 of chapter 11 to read as follows: "Section 1105.

Confidentiality.

(a) All information reported pursuant to this Act shall be confidential and privileged.
The Secretary shall take strict measures to ensure that all identifying information is kept confidential.

4 of 8 C.B.

NO.
4 of 8 C.B.

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15-05 (b) All identifying information regarding an individual patient, health care provider or health care facility contained in records of interviews, written reports, letters or statements procured by the Secretary, or by any other person, agency or organization acting jointly with the Secretary, in connection with cancer morbidity and mortality studies shall be confidential and privileged and may be used solely for the purposes of the study.
Nothing in this section shall prevent the Secretary from publishing statistical compilations relating to morbidity and mortality studies, which do not identify individual cases or sources of information.” Section 6.

Title 41 of the Code of the Federated States of 15 Micronesia, as amended, is hereby further amended by adding a new 16 section 1106 of chapter 11 to read as follows: "Section 1106.

Disclosure.
Disclosure.

(a) The Secretary may enter into agreements to exchange confidential information with other cancer registries or health care facilities in order to obtain complete reports of FSM residents diagnosed or treated in other countries, or subdivisions thereof, and to provide information to other countries, and subdivisions thereof, regarding their residents diagnosed or treated in the FSM.

5 of 8 C.B.

NO.
5 of 8 C.B.

NO.

15-05 (b) The Secretary may furnish statistical information to other nations’ cancer registries, cancer control agencies, or health researchers in order to collaborate in a national or regional cancer registry or to collaborate in cancer control and prevention research studies.
Before releasing confidential information, the Secretary shall first obtain evidence of the approval of his or her academic committee for the protection of human subjects or the equivalent.” 10 Section 7.

Title 41 of the Code of the Federated States of 11 Micronesia, as amended, is hereby further amended by adding a new 12 section 1107 of chapter 11 to read as follows: "Section 1107.

Liability.
Liability.

(a) No action for damages arising from the disclosure of confidential or privileged information may be maintained against any person, or the employer or employee of any person, who participates in good faith in the reporting of cancer registry data or data for cancer morbidity or mortality studies in accordance with this Act.
(b) No license of a health care facility or health care provider may be denied, suspended or revoked for the good faith disclosure of confidential or privileged information in the reporting of cancer registry data for cancer morbidity or mortality studies in accordance with 6 of 8 C.B.

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15-05 this Act.


(c) Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential or privileged information when such disclosure is due to gross negligence or willful misconduct.” Section 8.

Title 41 of the Code of the Federated States of 7 Micronesia, as amended, is hereby further amended by adding a new 8 section 1108 of chapter 11 to read as follows: "Section 1108.
Penalties for unauthorized disclosure of confidential information.

(a) If confidential information obtained for the purposes of this Chapter is disclosed, except in accordance with this Chapter, it shall be considered an offense.

(b) The Secretary of the Department of Health, Education and Social Affairs has the authority to issue regulations to determine the penalty for such an offence".

Section 9.

Effective date.

This Act shall take effect upon 7 of 8 C.B.

NO.


15-05 1 its approval by the President, or upon its becoming law without 2 such approval, except as otherwise provided by law.

3 4 Date: 5/11/07 Introduced by: /s/ Resio S. Moses Resio S. Moses of 8