Title 12

Title 12. EDUCATION AND HEALTH

Part I. Education

Chapter 1. Provisions of General Applicability

Section 12.101. School Year. The school year for all schools consists of no fewer than six hundred fifty hours of classroom instruction for first and second graders, and no fewer than eight hundred hours of classroom instruction for third graders and no fewer than nine hundred hours of classroom instruction for fourth through twelfth graders. The Director of the Department of Education establishes beginning and ending dates of the school year to suit Government school needs and customs.

Background

Amended by State Law 4-121.

Section 12.102. Attendance. A person attends a public or private school from his sixth through his fifteenth years, or until his graduation from elementary school, whichever occurs earlier, unless excluded from school or exempted from attendance by the Department of Education. A student's first year of schooling is at the beginning of the school year in which he reaches the age of six on or before September thirtieth of the year. The Department of Education may delay a students entry in school for one year if it cannot accommodate the student because of inadequate facilities or an insufficient number of personnel.

Chapter 2. Private Schools

Section 12.201. Establishment.

(1) A person wanting to establish a private school makes written application to the Department of Education for a charter. The signed application states:

(a) the applicant's name;

(b) the school's proposed location;

(d) other information as the Department may require by regulation.

(2) The Department Director reviews the application and makes a recommendation to the Governor. Upon approval of the application the Governor issues to the applicant a charter in a form determined by the Governor, authorizing the establishment of a private school.

(3) A person may establish a private school only in conformity with this chapter. A charter valid when the Code takes effect remains in effect.

(4) The Government does not honor or give credit to a student's attendance at a private school established without compliance with this chapter.

Section 12.202. Oversight; compliance. A private school is subject to the oversight of the Department of Education and complies with the Department's regulations regarding personal hygiene and structural safety. The Department may require a private school to submit regular reports of attendance and other matters of public concern. Failure to comply with law or regulation subjects an offending private school to revocation or suspension of its charter.

Chapter 3. Teachers

Section 12.301. Teacher certification. By regulation the Director of the Department of Education may require certification of a teacher.

Section 12.302. Integration of certifications. By written understanding with the national government the Governor provides for integration of State and national certifications of teachers.

Part II. Health

Chapter 11. Department of Health Services Procedures

Section 12.1101. Autopsy. A physician may perform an autopsy or post-mortem examination to reveal or clarify the cause of a death if the nearest responsible relative gives written consent. If a death occurred under conditions suggesting poisoning, violence, or unusual circumstances and the Government cannot otherwise satisfactorily determine the cause and manner of the death, a physician performs an autopsy, upon the recommendation of the Director of the Department of Health Services or the Attorney General and approval of the Governor.

Section 12.1102. Licensing of practitioner. By regulation the Director of the Department of Health Services may require a license for a person to practice medicine, surgery, dentistry, nursing or other health service. By written understanding with the national government the Governor arranges for the joint licensing of physicians, dentists and medical officers.

Section 12.1103. Payment of fee. A person pays for medical and dental services provided by the Government in accordance with regulations of the Department of Health Services which may provide that in the public interest certain services are free, if a recipient cannot compensate the Government in any manner, including by the giving of labor or goods. The Government may not deny medical care available in the State to a person because of inability to pay a fee and makes no distinction in treatment or care because of inability to pay.

Section 12.1104. Medical referral. By regulation the Director of Health Services provides an impartial process for selecting persons genuinely needing medical treatment outside the State through a medical referral. No person may use funds for medical referral in a manner contrary to regulation.

Section 12.1105. Required reporting. The physician-patient privilege and duty of physician confidentiality do not apply to a report of a wound or death, to a report made pursuant to Section 16.1202, to a related fact, or to the condition of the party who is the subject of the report.

Section 12.1106. Quarantine. The Director of the Department of Health Services may order isolated or quarantined a person who is suffering from, or has been exposed to, a contagious disease.

Chapter 12. Public Health

Section 12.1201. Toilets; disposal of human excreta.

(1) By regulation the Department of Health Services provides:

(a) standards for a toilet; and

(b) restrictions on the disposal of human intestinal excreta outside a toilet.

(2) An inhabited dwelling place has a toilet.

Section 12.1202. Service establishments. The Department of Health Services establishes standards of sanitation to be maintained by an owner, operator, or employees of a bakery, restaurant, food store, barber shop, beauty parlor, or establishment regularly servicing the public. The Department inspects an establishment at reasonable intervals during business hours to determine compliance with the standards.

Section 12.1203. Food. Food offered for public sale is subject to inspection by the Department of Health Services which, when finding food intended for human consumption to be unsanitary or of questionable sanitary condition because of contamination, spoilage, or animal or insect infestation or adulteration, may destroy the food, require its use as animal food, or require it to be labeled to describe its condition.

Section 12.1204. Schools. By regulation the Department of Health Services provides for health and sanitation standards for schools. A schools is subject to inspection by the Department. After due warning and advice a private school's failure to comply with regulations may result in revocation of its charter by the Governor.

Cross-reference:

Generally for offense see Section 13.623.

Section 12.1205. Tobacco. By regulation the Department of Health Services provides for random, unannounced, and periodic inspections of retail establishments to ensure compliance with Section 13.535.

Background

Added by State Law 5-181.

Chapter 13. Noncitizen Employee Health

Section 12.1301. Certificate of freedom from communicable disease. A noncitizen entering the State to undertake employment and an accompanying family member possess, and thereafter keeps in his possession, a certificate of his freedom from communicable diseases issued not more than thirty days preceding the person's entry into the State by a physician licensed to practice medicine in the country of issuance.

Section 12.1302. Physical examination.

(1) Within ten days of entry into the State a noncitizen employee, and an accompanying family member, each has a physical examination performed by the Department of Health Services, the person bearing the cost of the physical examination.

(2) A noncitizen employee in the State, and an accompanying family member, who has not had a physical examination in the State before the Code takes effect undergoes a physical examination, the person bearing the cost of the examination.

Section 12.1303. Notification of Governor.

(1) Within a reasonable time of the completion of the physical examination required by Section 12.1302 the Director of the Department of Health Services notifies the Governor of the medical reasons why a person should not be allowed to remain in the State, giving the basis of his judgment. The Director gives notification upon a positive finding of contagious disease.

(2) The Director does not give notification if in all medical probability the continued presence of the person would not result in substantial danger to the health of the State's inhabitants or in a need for the prolonged medical care and treatment of the person in the State.

(3) Upon notification the Governor takes all necessary lawful steps for the person's exiting the State on the ground that his continued presence would not be in the State's best interests.

Chapter 14. Alcoholic Drink

Section 12.1401. Sales license and drinking permit: general. By regulation which may include the definition of terms the Office of the Attorney General provides for the sale and consumption of alcoholic drink by issuance of a sales license and a drinking permit, and by monitoring compliance with license and permit requirements. Upon request a person shows a permit or license to Office of Attorney General personnel.

Section 12.1402. Sales license.

(1) Before engaging in the sale of alcoholic drink a person obtains a license indicating one of the following categories of sale:

(a) wholesale;

(b) retail;

(d) restaurant.

(2) A person has a license for each facility at which a sale may occur only in the category licensed.

(3) The fee for a sales license is two hundred dollars.

Section 12.1403. Drinking permit. If otherwise lawful upon payment of a fee of ten dollars for an annual permit or three dollars for a temporary permit a person twenty one years or older receives a drinking permit in a form determined by the Office of the Attorney General. An annual permit is valid for one year. A temporary permit is valid for one month.

Section 12.1404. Seller's duty. Before selling alcoholic drink a person determines whether the buyer has the requisite permit or license, or both.

Section 12.1405. Sale. A sale of alcoholic drink occurs only at a commercial facility designated by a sales license conspicuously displayed therein.

Section 12.1406. Exemption for later construction. Construction of a building or road following issuance of a license does not subject the license holder to prosecution pursuant to Section 13.516 (5) or (9).

Cross-reference:

Generally delayed effect see Section 1.304(3). Generally for offenses see Sections 13.516 and 13.517.

Chapter. 15. Mental Illness

Section 12.1501. Transfer.

(1) The Director of the Department of Health Services may order the transfer of a person committed pursuant to Chapter 33 of Title 6 to an institution deemed suitable for care.

(2) The transfer of an insane person to an institution outside the State does not occur until the Court has found, after notice to the insane person, his counsel, and his spouse, parent, child, or next of kin, and after hearing, that the transfer is in the person's best interests.

Section 12.1502. Release.

(1) The husband, wife, parent or child or next of kin of a person committed pursuant to Chapter 33 of Title 6 may petition the Court for a termination of the commitment or parole of the committed person. After notice to the Director of the Department of Health Services and to the person in charge of the hospital or other place of the commitment and following public hearing, the Court may order the release or parole of the person under limited supervision or under specified conditions.

(2) The Director of the Department of Health Services may discharge or parole a patient on conditions he finds best, except one held by order of court arising from an offense, in accordance with the following:

(a) upon filing with the Court a written certificate by the Director of Department of Health Services that the patient has recovered;

(b) upon filing in the Court a written certificate by the Director of the Department of Health Services that the patient, while not recovered, is in remission, is not dangerous to himself or others, and is not likely to become a public charge; or

(3) The Director of the Department of Health Services may permit a leave of absence for a stated period to a committed person upon specified terms, when in his judgment absence on leave is not detrimental to the public welfare and is of benefit to the person. Before the period stated in the leave has expired the Director may terminate the leave and authorize and direct the return of the person to the hospital when in the Director's judgment the return of the patient is in the best interests of the public and the patient.

(4) The person to whom a person has been temporarily committed for observation may release the person when he determines that release is safe.

Background

Subsection (1) was amended by State Law 7-1.

Section 12.1503. Apprehension of absentee or escapee. Upon direction of the person in charge of a hospital or place of detention a police officer or an official or employee of a hospital or place of detention may apprehend and return a patient who is absent on leave, is on parole, or escapes from the hospital or other place of detention to which he has been committed, using such force as may be reasonably necessary to effect the return.

Section 12.1504. Rights. A person detained pursuant to this chapter or Chapter 33 of Title 6 is entitled to humane care and treatment suitable to meet his needs. A person treats him with dignity and respect. His detention is separate from a person charged with, or convicted of, an offense.