Guam Administrative Code

§ 10101. Construction. (a) Whenever the context requires, the masculine shall include the feminine and neuter, and conversely; the singular shall include the plural, and conversely; and the present tense shall include the future as well as the present. (b) If any of the provision…

§ 10102. Definitions. To the extent not otherwise defined by law, as used in these rules the terms and acronyms listed below shall have the following meanings: (a) “ Accredited educational institution ” means any educational institution which grants an associate, baccalaureate, m…

§ 10103. Supervising Physician. The Board shall maintain a current list of registered licensed physicians provided by the Guam Board of Medical Examiners.

§ 10104. Registration of Physician Assistants Supervision. Prior to practicing on Guam, the licensed physician assistant shall present for approval of the Board a completed application as designated by the Board. The supervising physician shall specify the specialty areas in whic…

§ 10105. Re-Certification. Each licensed physician assistant must present evidence of current certification through the National Commission on Certification of Physician Assistants, or it successor, every two years in order to be re-certified by the Board.…

§ 10106. Scope of Practice. A physician assistant may provide any medical services delegated to him/her by a supervising physician or group of physicians when such services are within his/her skills, form a usual physicians when such services are within his/her skills, form a usu…

§ 10107. Identification. While working, the physician assistant shall wear or display appropriate identification, clearly indicating that he or she is a physician assistant. The physician assistant's license must be displayed in the office and any satellite operation in which he …

§ 10108. Supervision Required. (a) Tasks performed by the physician assistant must be under the direct supervision of a licensed physician, registered by this Board to be the supervising physician. (b) The supervising physician (or group of physicians) must provide written guidel…

§ 10109. Prescribing. A physician assistant may administer, prescribe and dispense any licensed drug other than Scheduled II-III drugs as a delegated authority of the supervising physician if such authorization is registered by the Board.…

§ 10110. Denial, Suspension, or Revocation of Licensure. (a) The Guam Board of Allied Health Examiners shall have authority to refuse, revoke, or suspend the license of a physician assistant for any of the following reasons: (1) Conviction of felony in this Territory or any other…

§ 101101. Denial of Initial License Application or Refusal to Renew. 2025 NOTE: As adopted by P.L. 36-138:44 (Dec. 28, 2022), this provision did not include any text.

§ 101102. Denial of Initial Application or Refusal to Renew – Statement of Issues. An individual whose application for a license, privilege, or right has been denied or renewal refused shall be given written notice (Statement of Issues) of the denial or refusal. The Statement of …

§ 101103. Service. Service of the Statement of Issues shall be by certified mail, return receipt requested, addressed to the address submitted in the application for licensure or renewal of license, or by leaving a copy of the statement of issues and accompanying papers at his us…

§ 101104. Response and Request for Hearing. An applicant whose application has been denied or whose request for renewal has been refused and who desires to contest the denial or refusal shall file a response to the statement of issues and may request a hearing within fifteen (15)…

§ 101105. Practice Pending Final Determination. An applicant whose initial application for licensure has been denied is not authorized to practice. Unless otherwise stated in the statement of issues, an applicant seeking renewal of an existing license may continue to practice pen…

§ 101106. Hearing Procedures. The hearing, if requested, shall be governed by the procedures governing hearing procedures for disciplinary complaints as provided in these rules. A RTICLE 12 C OMPLAINT , I NVESTIGATION , AND D ISCIPLINARY P ROCESS

§ 10111. Codes of Professional Conduct/Ethics. (a) All licensees, registrants, and certificate holders shall comply with the following Codes of Professional Conduct: (1) OCCUPATIONAL THERAPY. In the case of Occupational Therapists and Occupational Therapist Assistants licensed by…

§ 101201. Complaint, Investigation, and Disciplinary Process. The Guam Board of Allied Health Examiners is authorized to revoke, suspend, condition, or limit in any manner any license, for any violation of the Allied Health Practice Act; these Rules, and the Code of Professional …

§ 101202. Complaint Procedure. (a) Proceedings to revoke, suspend, condition, or limit in any manner any license, may be initiated by the Board when it has reason to believe a licensee has committed a violation of the Allied Health Practice Act or the Board’s administrative rules…

§ 101203. Investigation and Disciplinary Process. Consistent with the Allied Health Practice Act, the Administrative Adjudication Law, and these rules, and depending upon the nature of the complaint, the availability of resources, and the individualized needs of the investigation…

§ 101204. Informal Disposition Prior to Initiating Formal Action. (a) If it is determined that a complaint or other information received by the Board constitutes a violation of the Allied Health Practice Act or these rules, the investigator or investigating board member, in consu…

§ 101205. Deferred Action – Impaired Practitioner. (a) The Board may defer action with respect to an impaired licensee who voluntarily signs an agreement, in a form satisfactory to the Board, agreeing not to practice the licensee’s profession and to enter an approved treatment, r…

§ 101206. Accusation, Statement of Issues, and Notice of Defense. (a) Preparation. If the investigator or investigating Board member, together with legal counsel for the Board, determine that probable cause exists for the filing of an accusation or statement of issues, counsel fo…

§ 101207. Emergency Action – Summary Suspension / Automatic Suspension. (a) Summary Suspension. The Board is authorized to summarily suspend the license of a licensee without a hearing if: (1) The Board finds that there is probable cause to believe that the licensee has violated …

§ 101208. Hearing Procedures Generally. (a) Notice of Hearing. The Board shall deliver or mail a notice of hearing to the licensee at the last address on file with the Board at least ten (10) days prior to the hearing. The hearing shall not be prior to the expiration of the time …

§ 101209. Hearing Officer. (a) Hearing Officer. In all formal disciplinary hearings or contested cases, the Board shall appoint an attorney to serve as hearing officer who shall preside at the hearing and rule on questions of evidence and procedure. The hearing officer has the au…

§ 101210. Discovery. (a) Depositions of Witnesses Who are Unable or Who Cannot be Compelled to Attend Formal Hearing. Any party that desires to take a deposition of a witness who is unable or who cannot be compelled to attend a formal hearing shall comply with the procedures set …

§ 101211. Disqualification of Hearing Officer or Board Member. (a) A hearing officer or Board member shall voluntarily disqualify themself and withdraw from any case in which a person with knowledge of the facts could reasonably believe the hearing officer or Board member cannot …

§ 101212. Conduct of Hearings. (a) Opening Statement. Each side may make a short opening statement. (b) Presentation of Evidence. The Investigative Committee for the Board shall present its evidence, followed by the respondent, followed by rebuttal by the Investigative Committee.…

§ 101213. Pre- and Post-Hearing Stipulation, Settlement, and Consent Order. Subject to final approval by the Board, informal dispositions of any matter may be made at any time by stipulation, agreed settlement, consent order or by any other method agreed upon by the parties. When…

§ 101214. Hearing Officer’s Proposed Decision or Report and Recommendation. (a) Upon completion of a hearing tried before a hearing officer alone, the hearing officer shall prepare a proposed decision or report and recommendation in such form that it may be adopted as the decisio…

§ 101215. Final Order of the Board. (a) Final Order. A quorum for purposes of rendering a final decision and order pursuant to this rule consists of majority of the current members of the Board. The Board shall issue a final order within sixty (60) days of the date of receipt of …

§ 101216. Imposition of Discipline. (a) Upon a finding that the respondent has violated any of the enumerated provisions of the Allied Health Practice Act, or any rule and regulation promulgated by the Board, including the Standards of Professional Conduct and Ethics applicable t…

§ 101217. Effective Date of Decision. The decision shall become effective thirty (30) days after it is delivered in person or mailed to respondent or respondent’s attorney unless a request for reconsideration is made before the Board, or the Board orders that the decision shall b…

§ 101218. Stay of Execution. The Board may, in its discretion, stay the execution of its order to censure, place on probation, fine, revoke or suspend a license or certification. The stay may be conditioned on any provision the Board deems appropriate under the circumstances of a…

§ 101219. Reconsideration and Judicial Review. (a) A respondent in a disciplinary or other contested case proceeding who is aggrieved by a final order of the Board may within 30 days after entry of the order file a request for rehearing. If the Board does not grant the request by…

§ 101220. Record of Proceedings. (a) Within thirty (30) days after request therefor, and upon payment of the expenses of preparation and certification by the petition, including projected costs of the preparation of transcripts of the proceedings, the Board shall prepare and deli…

§ 101221. Reinstatement. (a) Petition for Reinstatement. Reinstatement is a matter of discretion, not of right. A person whose license has been revoked may petition the Board for reinstatement or reduction of penalty after a period of not less than one (1) year has elapsed from t…

§ 101301. Code of Professional Conduct and Ethics / Discipline. (a) All licensees, registrants, and certificate holders shall comply with the following Codes of Professional Conduct: (1) OCCUPATIONAL THERAPY. In the case of Occupational Therapists and Occupational Therapist Assis…

§ 101302. Affirmative Responsibilities – Treatment Plans. Treatment plans. Licensees of all professions licensed by the Board shall create specific written treatment plans that include, at a minimum, agreed upon goals of the treatment, the techniques to be used, and the tentative…

§ 101303. Unethical Conduct / Grounds for Discipline. Unethical conduct includes but is not limited to the following: (a) Knowingly publishing or circulating untrue, fraudulent, misleading, or deceptive advertising. (b) Addiction to the habitual use of intoxicating liquors, narco…

§ 101304. Imbalance of Power. (a) Licensees of all professions governed by the Board recognize the actual or perceived power or undue influence they hold over current as well as former patients and clients. Licensees are presumed to have power and influence over former patients o…

§ 101305. Improper Sexual Conduct. (a) “Improper Sexual Conduct” means sexual advances, requests for sexual favors, or other verbal or physical conduct or contact of a sexual nature that has the purpose or effect of creating an intimidating, hostile, or offensive environment and …

§ 101306. Mandatory Release of Patient / Client Records. (a) Upon request from a patient or client or the patient or client’s authorized representative, licensees shall provide a complete copy of the client’s records maintained by the licensee. (b) Requests for records shall be h…

§ 101307. Mandatory / Compulsory Reporting. (a) Any person who has reason to believe an allied health professional is, or may be, medically incompetent, guilty of unprofessional conduct, or mentally or physically unable to engage safely in the practice of the licensee’s professio…

§ 101308. Reporting of Minor Incidents. (a) The Guam Board of Allied Health Examiners believes that the protection of the public is not enhanced by the reporting of every minor incident that may be a violation of the Allied Health Practice Act or Board rule and regulation. This i…

§ 101401. Advertising. (a) Policy Statement. The lack of sophistication on the part of many of the public concerning professional services, the importance of the interests affected by the choice of a licensee and the foreseeable consequences of unrestricted advertising by license…