Chapter 4. Public Health and Sanitation

§ 41813. Access to Prescription Monitoring Information by the authorized representatives of the Medicaid and Medically Indigent Program (MIP) within the Department of Public Health and Social Services. (a) An authorized representative of the Medicaid and Medically Indigent Progra…

§ 41814. Access to Prescription Monitoring Information by the Medical Examiner. (a) The Medical Examiner or a designee may obtain any prescription monitoring information as required for an investigation, with reasonable cause. The information shall be provided in a format establi…

§ 41815. Access to Prescription Monitoring Information by personnel of any vendor or contractor engaged by the Department. (a) Personnel of any vendor or contractor engaged by the Department may obtain any prescription monitoring information insofar as the information is necessar…

§ 41816. Access to Prescription Monitoring Information by public or private entities for statistical, research, or educational purposes. A public or private entity may obtain any prescription monitoring information insofar as the information is necessary for statistical, research…

§ 41817. Designation of training programs. (a) Authorized dispensers shall attend a training course on the transmission, retrieval, and use of prescription monitoring information provided by the Department, which will be developed in consultation with the Advisory Committee, duri…

§ 41818. Confidentiality. Except as provided in this section, prescription monitoring information submitted to the Department shall be confidential and shall not be subject to public records laws. The Department shall maintain procedures to protect patient privacy, ensure the con…

§ 41819. Criminal Penalties. (a) Pursuant to §§ 67.306 and 67.402(a)(3) of the Act, a dispenser who fails to submit the required information to the Department shall be guilty of a felony of the third degree. (b) Pursuant to §§ 67.306 and 67.403(a)(4) of the Act, a dispenser who f…

§ 41820. Administrative Sanctions. The Department may pursue the suspension or the revocation of the registrant’s CSR in accordance to § 67.304 of the Act for violating the terms of these rules and regulations, and may be subject to disciplinary action by any applicable governing…

§ 41821. Immunity. A dispenser or health care provider shall be immune from civil, criminal, or administrative liability as a result of any action made in good faith pursuant to and in accordance with these rules and regulations, but nothing in this section shall be construed to …

§ 41822. Amendment of Rules and Regulations. The Department of Public Health & Social Services shall, at 369 a minimum of every five years, and pursuant to Article 3- Rule Making Procedures, of Chapter 9, Title 5, Guam Code Annotated, review and amend, as may be necessary, these …

§ 41823. Severability. If any provision of these rules and regulations, its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of these rules and regulations which can be given effect without the invalid prov…

§ 41824. Effective Date. These rules and regulations shall be effective immediately upon enactment. ------- ARTICLE 19 THE CONSTRUCTION, OPERATION AND MAINTENANCE OF CEMETERIES SOURCE: Executive Order 76-08 (Mar. 9, 1976).…

§ 41901. Definitions. For the purpose of, these rules and regulations the following definitions shall apply: (a) “Cemetery” shall mean any approved cemetery constructed, maintained and operated by any public or private organization, church, or any other person as herein defined, …

§ 41902. General. (a) Prohibition. No person shall bury any human body or human remains except in a cemetery as defined in these rules and regulations except as otherwise permitted in these regulations or unless authorized by the Director. (b) Permit Required. Any person who cons…

§ 41903. Location. (a) Ocean intrusion. All areas of a cemetery shall be located at an elevation at least ten (10) feet above the highest high tide mark of the ocean to prevent salt water intrusion into the graves. (b) Flooding. No cemetery shall be located in an area that is sub…

§ 41904. Construction. (a) General. Cemeteries shall be planned and constructed so that all grave sites are easily accessible to grave digging and maintenance equipment. (b) Burial above ground. All burial above ground must be constructed in compliance with applicable building co…

§ 41905. Maintenance. (a) General. All cemeteries will be maintained in a clean and sanitary manner at all times. (b) Lawn. The area reserved for grave sites shall be planted in grass or similar ground cover and kept cut to provide a park- line appearance. Grass and other vegetat…

§ 41906. Operation. (a) Vehicles. All vehicles other than maintenance vehicles are prohibited inside the fenced area except on established roadways within the cemetery. (b) Operating times. No cemetery shall open before sunrise or remain open after sunset. All cemeteries shall po…

§ 41907. Caretaker. (a) Charge. Every burial ground or cemetery or plot of ground set aside or devoted cemetery o burial purposes shall be placed in charge of a caretaker appointed or employed by the 375 person or persons interested therein or claiming ownership thereof. It shall…

§ 419A01. General Provisions & Definitions. (a) Title. These rules and regulations shall be cited as the Merizo Public Cemetery Rules and Regulations. (b) Purpose. These rules are promulgated to adhere to Public Law Number 24-127, as amended, to maintain and upkeep cemetery groun…

§ 419A02. Eligibility. (a) Eligibility for interment is based on laws passed by the Congress and incorporated in Title 38, United States Code. (b) Eligibility. The Merizo Municipal Planning Council shall determine who is eligible for interment at the Merizo Public Cemetery using …

§ 419A03. Burial Procedure. (a) Burial Schedule. Burials shall be set according to Council schedules. (b) Interment Fees. Interment fees for the Merizo Public Cemetery will be assessed in the amount of One Thousand Four Hundred Fifty Dollars ($1,450.00). The fees include the inte…

§ 419A04. Payment Schedule and Documentation. Documentation List. The three (3) forms of payment include: (a) The sealing of crypt form that shows the amount due and the due date; (b) The crypt marker form that shows payment schedule of the initial deposit and the balance due dat…

§ 419A05. Gravesite Marker: Decorations and Offerings. Crypt markers will follow a uniform and standard size and 378 form that is made from marble, with dimensions of twenty- seven inches (27”) in length by twenty-eight inches (28”) in width and will be placed on the crypt cover.…

§ 419A06. Operations. (a) Maintenance. The Merizo Municipal Planning Council shall be responsible for the establishment and general maintenance of the Merizo Public Cemetery including the crypts, maintenance of roadways, walkways, curbs, fences, infrastructure, chapel and monumen…

§ 420101. Purpose. The purpose of these rules and regulations is to protect and promote public health through the proper disposal of human waste when using chemical toilets. These rules and regulations shall be liberally construed by the Department of Public Health and Social Ser…

§ 420102. Authority. Title 10 Guam Code Annotated, Chapter 20, Section 20105 and Chapter 29, Section 29107 authorize the Director of the Department of Public Health and Social Services to adopt rules and regulations to carry out the provisions of these chapters.…

§ 420103. Definitions. As used in these rules and regulations, the following definitions shall apply: (a) Building means any dwelling, apartment house, hotel, business establishment, commercial establishment, church, meeting hall, or any other building used for human occupancy, b…

§ 420104. Chemical Toilets. (a) No chemical toilets shall be used except under permit and inspection of the Department. (b) No building, as defined herein, shall use chemical toilets for the disposal of human wastes. Chemical toilets may be used at construction sites, outdoor rec…

§ 420105. Chemical Toilet Permit. (a) No person shall directly or indirectly in any manner, conduct, control, manage, maintain, or operate a chemical toilet establishment unless a valid Chemical Toilet Permit issued by the Department to operate such a facility has been obtained a…

§ 420106. Transfer of Chemical Toilet Permit Prohibited. It shall be unlawful to transfer a Chemical Toilet Permit to another person or to another location or to post it on or use it in any way in connection with any other premises than that for which it is issued.…

§ 420107. Chemical Toilet Requirements. (a) Structures housing chemical toilet rooms may be mobile trailers of prefabricated, skid-mounted or otherwise portable structures. If they contain more than one stool, each stool shall occupy a separate compartment with a door and walls o…

§ 420108. Pumping and Cleaning Operations. Applications. (a) An application for a Chemical Toilet Permit to operate all new or existing chemical toilet establishments shall be made in writing on a form prescribed by the Department, signed by the applicant or his authorized agent …

§ 420109. Chemical Toilet Requirements. Fees. Fees for the issuance of a Chemical Toilet Permit shall be as follows: (a) The annual Chemical Toilet Permit fee for chemical toilet operator shall be Five Hundred Dollars ($500.00) regardless of the number chemical toilets possessed …

§ 420110. Advance Notification of Fees Schedule. The Director shall ensure that advance, written notification is provided to all Chemical Toilet Permit licensees relative to the cost for permit renewal upon the expiration of their current permit. The information shall be immediat…

§ 420111. Usage. (a) Route Units. On a construction site, there shall be at least one toilet unit per 10 workers, in a single 40-hour shift which 388 must be services weekly. (b) Toilet facilities shall be installed, maintained, and operated in a manner that will not endanger the…

§ 420112. Service. (a) The minimum established standard for route units is weekly service and for special event units when at 1/3 tank capacity remaining. Service includes the following: (1) Pumping or evacuating the effluent from the portable toilet receptacle into the truck hol…

§ 420113. Disposal Sites. All waste must be disposed of at a disposal facility designated by the Guam Waterworks Authority. The chemical toilet operator shall obtain the necessary approvals and permits from the appropriate regulatory agencies, including, but not limited to, the G…

§ 420114. Sewage Pumper Truck Requirements. (a) The sewage pumper truck shall be constructed so to prevent the leakage, spillage, and splashing of its contents and shall be constructed of metal and its tank is watertight and splash- proof. (b) A leak-proof gate or ball valve must…

§ 420115. Pumping and Cleaning Operations. (a) Pumping and cleaning operations shall be conducted in a manner that will not endanger human health or the environment and at a frequency of at least one time every seven (7) calendar days for route units. Any spillage of sewage must …

§ 420116. Inspection and Grading. (a) Access. (1) An employee or representative of the Department shall, after proper presentation of credentials, have access to any chemical toilet establishment, toilet room or stool, chemical toilet, route unit, or sewage pumper truck at any re…

§ 420117. Hearing. If any provision or the application of any provision of these regulations is held invalid, that invalidity shall not affect other provisions or applications of these rules and regulations. (a) Any establishment whose Chemical Toilet Permit is to be suspended or…

§ 420118. Suspension or Revocation of Chemical Toilet Permit. (a) The Director may suspend or revoke any Chemical toilet Permit issued under the provisions of Title 10 GCA, Chapter 39 § 29108, or any rules and regulations promulgated concerning Chemical Toilet Permits. (b) Suspen…

§ 420119. Suspension without Hearing. (a) A Chemical Toilet Permit may be suspended without prior hearing: (1) If the permit holder denies the Director access to areas and equipment governed by these rules and regulations. (2) When the demerit score of the chemical toilet establi…

§ 420120. Reinstatement of Chemical Toilet Permit. When the holder of a Chemical Toilet Permit believes that corrections have been made of the cited violation(s) upon his premises or some other violation for which his permit has been suspended, he may make application to the Dire…

§ 420121. Revoked Chemical Toilet Permit May Not Be Reinstated. When a Chemical Toilet Permit has been revoked, it no longer has any validity and may not be reinstated except upon order of a court.

§ 420122. New Chemical Toilet Permit Barred for One Year No person whose permit has been revoked shall be eligible to obtain a new permit for a period of one year.

§ 420123. Ceasing of Operations. The Director shall order a chemical toilet establishment, toilet room or stool, chemical toilet, route unit, or sewage pumper truck to immediately cease operations whenever he finds that the operation jeopardizes the health and safety of the peopl…

§ 420124. Closing and Notification to Chief of Police. (a) The Director shall enforce the closing of any establishment or activity whose permit has been suspended or revoked. Upon he request of the Director, the Chief of Police shall provide police personnel to enforce such closi…

§ 420125. Closure to Be Posted. Whenever any establishment requiring a permit is closed by the Director, the Director shall post a notice, easily visible to the public, stating that said establishment is closed by order of the Director.…