Guam Administrative Code

§20111. Unclaimed Dead Bodies. If there is no one to claim a body within thirty (30) days after diligent search for the next of kin, upon written request of the Medical Examiner and approval of the Attorney General, the body shall be disposed of by the Department of Public Health…

§20112. Records and Reports. NOTE: Rule-making authority for formulation of regulations by the Commission on Post-mortem Examinations, 10 GCA §§81102 & 81109. These Rules and Regulations were filed with the Legislative Secretary on May 18, 1981. The rules and regulations relating…

§ 10101. Introduction. 2 (a) This Regulation outlines the procedures by which the Department of Public Health and Social Services (DPHSS) may initiate and enforce the isolation or quarantine of people who have been exposed to a potentially communicable condition. It outlines DPHS…

§ 10102. Requesting Voluntary Isolation or Quarantine. Definitions. (a) Isolation: the separation, for the period of communicability or contamination, of infected or contaminated persons or animals from others in such places and under such conditions as to prevent or limit the di…

§ 10103. Requesting Voluntary Isolation or Quarantine. Authority. (a) In accordance with the provisions of an order issued by a DPHSS Director, or his or her designee, in accordance with Chapter 3; 10 GCA § 33l0 (a & b) of P.L. 22-130 shall constitute the duly authorized applicat…

§ 10104. Use of Voluntary Isolation or Quarantine. (a) Voluntary Isolation should always be used as a first option unless the DPHSS Director under the medical advice of the Chief Medical Officer has: (1) determined in his or her professional judgment that seeking voluntary compli…

§ 10105. Procedure for Voluntary Isolation or Quarantine. Make a reasonable effort to obtain voluntary compliance with requests for medical examination, testing, treatment, counseling, vaccination, and decontamination of persons or animals, isolation, quarantine, and inspection a…

§ 10106. Procedure for Release from Voluntary Isolation or Quarantine. (a) There are a number of circumstances under which a person or persons may be released from voluntary isolation or quarantine. (1) The person or persons is no longer suspected to be, infected with, exposed to…

§ 10107. Emergency Detention Order. Definitions. (a) Isolation: the separation, for the period of communicability or contamination, of infected or contaminated persons or animals from others in such places and under such conditions as to prevent or limit the direct or indirect tr…

§ 10108. Emergency Detention Order. Authority (a) In accordance with the provisions of (P.L. 22-130 Chapter 3; 10 GCA § 3301), an order issued by the DPHSS Director, or his or her designee, in accordance with Chapter 3 of Title 10 GCA shall constitute the duly authorized applicat…

§ 10109. Procedures for Determining Need for Emergency Detention Orders. (a) Before proceeding to the issuance of an Emergency Detention Order, the DPHSS Director or his or her designee must FIRST answer and document responses to the questions contained in Attachment 7 (Questions…

§ 10110. Use of Emergency Detention Orders. (a) If the Director orders the immediate involuntary detention of a person or persons for purposes of isolation or 10 quarantine, the Director shall issue a written emergency detention order as soon as reasonably possible and in all cas…

§ 10111. Relief from Emergency Detention Orders. A person or persons who are subjection to an Emergency Detention Order may seek relief from the Superior Court of Guam through a motion to show cause. A person or persons who are subjected to an Emergency Detention Order have the r…

§ 10112. Procedure for Executing Emergency Detention Order. (a) Internal steps for executing Emergency Detention Order. 11 (1) Having made a reasonable effort to obtain voluntary compliance with requests for medical examination, testing, treatment, counseling, vaccination, decont…

§ 10113. Procedure for Release from Emergency Detention Order. (a) There are several circumstances under which a person or persons may be released from Emergency Detention: 14 (1) The person or persons is no longer suspected to be, infected with, exposed to, or contaminated with …

§ 10114. Petitioning the Superior Court of Guam for Involuntary Detention. Definitions. (a) Isolation: the separation, for the period of communicability or contamination, of infected or contaminated persons or animals from others in such places and under such conditions as to pre…

§ 10115. Petitioning the Superior Court of Guam for Involuntary Detention. Authority. (a) In accordance with the provisions, an order issued by the DPHSS Director, or his or her designee, shall constitute the duly authorized application of lawful rules adopted by the state board …

§ 10116. Procedure for Determining Need for Involuntary Detention Orders. (a) Before proceeding to the court to petition for an Involuntary Detention Order, the DPHSS Director or his or her designee must FIRST complete § 10117, answer and document responses to the Questions conta…

§ 10117. When to Petition the Superior Court of Guam. (a) The DPHSS Director having first made a reasonable effort to obtain voluntary compliance with requests for medical examination, testing, treatment, counseling, vaccination, decontamination of persons or animals, isolation, …

§ 10118. Procedure for Petitioning the Superior Court of Guam. (a) If the DPHSS Director elects to petition the Superior Court of Guam seeking Involuntary Detention of a person or persons for purposes of isolation or quarantine, the following steps must be taken: (1) Isolation an…

§ 10119. Procedure for Release from Involuntary Detention. (a) There are several circumstances under which a person or persons may be released from Emergency Detention: (1) The person or persons is no longer suspected to be, infected with, exposed to, or contaminated with a commu…

§ 11001. Purpose. These rules and regulations are to establish specific standards and procedures to allow the beneficial use of medical cannabis to alleviate symptoms caused by debilitating medical conditions and their medical treatments in a safe and legal manner for qualified p…

§ 11002. Authority. The Director of the Department of Public Health and Social Services is authorized to adopt rules and regulations to carry out the provisions of the Act pursuant to 10 GCA, Chapter 3, §3106.

§ 11003. Definitions. As used in these rules and regulations, “Act” means the Joaquin (KC) Concepcion II Compassionate Cannabis Use Act of 2013. (a) (1) “Allowable amount” means an amount of cannabis, in any form approved by the Department, possessed by a qualified patient or col…

§ 11004. Fees. (a) The following fees, as prescribed in 10 GCA, Division 1, Chapter 12 Part 2, Article 25, § 122509, shall be applicable for the purposes of these rules and regulations. All fees are non- refundable. (1) New Registry Identification Card (A) Qualified Patient: Fift…

§ 11101. Application Process for a Registry Identification Card. (a) A qualified patient or primary caregiver submitting an application for a new or renewal registry identification card shall submit in person a complete and accurate application in a form prescribed by the Departm…

§ 11102. Denial of an Application for a Registry Identification Card. (a) The Department may deny an application if: (1) The applicant does not provide all the information required and the application is considered incomplete; or (2) The application or supporting documents are de…

§ 11103. Approval of an Application for a Registry Identification Card. (a) If the application is approved, the Department shall issue in person a registry identification card within five (5) business days of approving an application and the card shall expire one (1) year after t…

§ 11104. Written Certification. (a) A written certification, as defined in § 11003 (ppp), from a Guam licensed practitioner, on a form prescribed by the Department, is required in order for a qualified patient or a primary caregiver to obtain medical cannabis, prepared medical ca…

§ 11105. Primary Caregiver Registration. (a) The qualified patient’s primary caregiver shall need to register in person with the Department prior to submitting an application for a registry identification card. The primary 31 caregiver shall register on a form prescribed by the D…

§ 11106. Applying for a Registry Identification Card by an Adult Qualified Patient. (a) To apply for a registry identification card, a qualified patient who is eighteen (18) years of age or older, shall submit in person to the Department the following: (1) An application in a for…

§ 11107. Applying for a Registry Identification Card for a Minor Qualified Patient. (a) Every qualified patient who is under eighteen (18) years of age must have a primary caregiver. Any qualified patient who is eighteen (18) years of age or older is not required to have a primar…

§ 11108. Applying for a Registry Identification Card by a Primary Caregiver. (a) If the qualified patient, who is eighteen (18) years of age or older, is designating a primary caregiver, the primary caregiver shall submit in person the following to the Department: (1) An applicat…

§ 11109. Amending a Registry Identification Card. (a) A person who possesses a registry identification card shall notify the Department of any change within ten (10) business days of the change. Failure to comply or timely submit in person all required information will result in …

§ 11110. Changing the Name on a Registry Identification Card. To change their name on the registry identification card, the qualified patient or primary caregiver shall submit in person to the Department within ten (10) business days of the change of name, the following: (a) An a…

§ 11111. Changing the Address on a Registry Identification Card. To change the home and/or mailing address on the registry identification card, a qualified patient or a primary caregiver 39 shall submit in person to the Department within ten (10) business days after the change in…

§ 11112. Adding or Changing a Primary Caregiver on a Registry Identification Card. (a) To add a primary caregiver, a qualified patient shall submit in person to the Department within ten (10) business days, after the addition, an application in a form prescribed by the Department…

§ 11113. Changing the Qualified Patient’s Practitioner. (a) To change a practitioner, a qualified patient shall submit in person to the Department within ten (10) business days of the change, an application in a form prescribed by the Department that includes: (1) The qualified p…

§ 11114. Adding a Debilitating Medical Condition. (a) Any person or entity may request the addition of a medical condition to the list of debilitating medical conditions in § 11003(s) by submitting in person a form prescribed by the Department, that includes: (1) The person or en…

§ 11115. Renewal of a Registry Identification Card by a Qualified Patient or a Primary Caregiver. Registry identification cards shall be renewed on an annual basis. Failure to timely renew a registry identification card will result in the imposition of additional administrative l…

§ 11116. Requesting for a Replacement Registry Identification Card. (a) Only one replacement card shall be allowed for each registry identification card issued. (1) If the replacement registry identification card is lost, stolen or destroyed, the cardholder shall submit a new app…

§ 11117. Expiration of a Registry Identification Card. (a) A registry identification card issued to a qualified patient or primary caregiver is valid for one year from the date of issuance. (b) The registry identification card of the qualified patient and the qualified patient’s …

§ 11118. Voiding or Invalidating a Registry Identification Card. (a) The Department may void the registry identification card within twenty-four (24) hours of a: (1) Qualified patient when the Department receives written notice from: (A) The qualified patient that the qualified p…

§ 11119. Fraudulent Use of a Registry Identification Card. (a) A licensed medical cannabis business employee that knows or suspects that a person has attempted to use the registry identification card of another to obtain medical cannabis, prepared medical cannabis or medical cann…

§ 11120. Revocation of a Registry Identification Card. (a) The Department may revoke a cardholder's registry identification card electronically within twenty-four (24) hours: (1) Upon notification from the dispensary that the cardholder provided medical marijuana to an individual…

§ 11121. Required Reporting for Primary Caregivers. (a) A primary caregiver shall report to the Department the death of a qualified patient for whom they provide care within two (2) business days after the death of the qualified patient. (b) The primary caregiver shall return by …

§ 11201. Responsible Official. (a) The individual identified in the medical cannabis business’ by-laws as the responsible official for the medical cannabis business, who owns, operates, or otherwise have legal responsibility for a commercial cultivation facility, commercial manuf…

§ 11202. Applying for a Registry Identification Card by a Responsible Official or Designated Courier. 55 (a) Registry identification cards are required for all responsible officials and designated couriers of a medical cannabis business who will be handling or transporting medica…

§ 11203. Denial or Approval of an Application for a Registry Identification Card for a Responsible Official or Designated Courier. (a) The Department shall verify the information contained in the application and shall approve or deny the application within thirty (30) calendar da…

§ 11204. Revoking the Registry Identification Card of a Responsible Official or Designated Courier. (a) The Department may revoke a responsible official’s or designated courier’s registry identification card within twenty- 58 four (24) hours upon notification that the responsible…