Guam Administrative Code

§ 9101. Legislative Authority. Section 12503 of Title 10, Guam Code Annotated, authorizes the Guam Board of Examiners for Optometry to establish rules and regulations for the implementation and enforcement of the provisions of Article 5, Chapter 12 of Title 10, Guam Code Annotate…

§ 9102. Definitions. (a) Board means the Guam Board of Examiners for Optometry. (b) Co-management means an agreement between an optometrist and an ophthalmologist, who is licensed in and a resident of Guam, to share responsibility for patient care. (c) College of optometry means …

§ 9103. License Required. (a) Unless licensed or exempted under these rules and regulations, no person shall: (1) practice optometry; (2) represent himself or herself or offer his or her services as being able to practice optometry; (3) duplicate or replace an ophthalmic lens wit…

§ 9104. Organization, Meetings, Compensation, Powers, and Duties. (a) The Board shall annually elect a chairperson, a vice chairperson, and a secretary-treasurer, each of whom shall serve until his or her successor is elected and qualified. (b) The Board shall meet at least twice…

§ 9105. Fees. (a) The following fees shall be required in connection with the licensing of applicants: Application by examination 250.00 Application by endorsement 250.00 Application for re-examination 250.00 License fee (initial) 150.00 License renewal 150.00 Reinstatement 100.0…

§ 9106. Qualifications for Licensure as an Optometrist. (a) Each applicant for licensure as an optometrist shall furnish evidence satisfactory to the Board that the applicant is: (1) at least eighteen (18) years of age; and COL09192011 C H . 9 R EGULATIONS FOR THE G UAM B OARD OF…

§ 9107. Licensure by Examination (a) An applicant meeting the qualifications as set forth in § 9106 of these rules and regulations: (1) shall file an application under oath, on forms supplied by the Board, along with the required application fee as established by the Board. (2) s…

§ 9108. Licensure by Endorsement. (a) Each applicant meeting the qualifications set forth in § 12506 of Title 10, Guam Code Annotated and § 9106 of these rules and regulations, shall file his or her application for licensure by endorsement on forms supplied by the Board. In addit…

§ 9109. Temporary Work Permit. (a) A temporary work permit may be granted to a fourth (4th) year student who is attending an approved and accredited school of optometry COL09192011 C H . 9 R EGULATIONS FOR THE G UAM B OARD OF E XAMINERS FOR O PTOMETRY 8 as defined in § 9104 of th…

§ 9110. Use of Pharmaceutical Agents. (a) The Board shall issue a certificate for the use of topical diagnostic ocular pharmaceutical agents to those optometrists licensed in Guam who have completed their application for the use of these drugs on forms provided by the Board and w…

§ 9111. License Renewal. (a) Each license shall be renewed annually on or before October 1st of each year by remitting to the Board's secretary the proper fee established by the Board and proof of the licensee having fulfilled the continued education requirement as required by re…

§ 9112. Refusal, Suspension, or Revocation of License. (a) The Board may refuse to issue, suspend, or revoke any license for any one of the following reasons: (1) conviction of a felony, as shown by a certified copy of the record of the court of conviction; (A) the Board may reis…

§ 9113. Standard of Care and Minimum Required Equipment. (a) Each licensed optometrist shall strive to maintain an optimum standard of care, and to this end, the following is considered the minimum required equipment for the practice of optometry: (1) ophthalmoscope; (2) biomicro…

§ 1101. General Provisions.

§ 1101.1. Purpose. The purpose of these rules and regulations is to formulate standards for licensed child care facilities and group child care homes that will protect and promote the welfare and positive development of children being served. D IV . 1 - D IRECTOR OF P UBLIC H EAL…

§ 1101.2. Applicability. (a) These rules and regulations are applicable to the following child care licensees, public and private: (1) child care facilities; and (2) group child care homes. (b) These rules and regulations do not apply to Group Family Home, Family Child Care Home,…

§ 1101.3. Authority. The Guam Code Annotated authorizes the Department to adopt rules and regulations for licensing all child care facilities, to issue licenses, and to ensure that all provisions of § 2407 of Title 10 GCA, Chapter 2, Article 4 (Public Law 11-99) regarding licensi…

§ 1101.4. Title. These rules and regulations shall be known and may be cited as the “Rules and Regulations for Licensed Child Care Facilities and Group Child Care Homes.”

§ 1101.5. Definitions. Wherever the following words appear in these rules and regulations, they shall have the following definitions: (a) Appeal means a written, signed and dated statement requesting reconsideration or modification of a Departmental decision that negatively affec…

§ 1102. License to Operate a Child Care Facility.

§ 1102.1. License Required. (a) Any person, association, corporation, or partnership shall first obtain a license from the Department to operate a child care facility, providing services either with or without compensation. (b) Any person, association, corporation, or partnership…

§ 1102.10. Displaying License. The license shall be displayed at the child care facility in a prominent and conspicuous location as designated by the Director to be viewed by the public at all times.

§ 1102.11. Right of Entry, Inspection and Investigation. (a) In exercising its authority to license child care facilities, the Department’s designated personnel shall have the right of entry, inspection and investigation. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICE…

§ 1102.12. Inspection Frequency. An inspection of a child care facility shall be conducted at least once every twelve (12) months. Additional inspections shall be conducted as often as necessary for the enforcement of these rules and regulations.

§ 1102.13. Report of Inspections. (a) Whenever an inspection of a child care facility is made, identified deficiencies shall be recorded on the inspection report as approved by the Director or his/her authorized representative. The inspection report shall summarize the requiremen…

§ 1102.14. Posting. Copies of the most current inspection report shall be posted adjacent to the license in a prominent and conspicuous location as designated by the Director, or the Director’s authorized representative, to be viewed by the public at all times.

§ 1102.15. License Fees. (a) The Department shall charge non-refundable fees as prescribed by the Department for the following (Appendix C): (1) New License (2) Renewal License (3) Duplicate License (4) Amended License (5) Provisional License (New or Renewal) (b) Fee schedule ame…

§ 1102.2. Exclusions. (a) No license is required for the following: (1) For the care by a relative, with or without compensation, where the person furnishing such care does not regularly engage in such activity, and does not advertise or hold him/herself out as conducting a child…

§ 1102.3. Application for License. (a) The application to obtain a license or the renewal of a license shall be made on forms approved and supplied by the Department, and shall be completed and submitted within a minimum of sixty (60) business days prior to the proposed opening d…

§ 1102.4. Application Packet. (a) The application packet shall include, but is not limited to, the following: (1) An application form, which shall include information on owner or licensee. The following information shall be supplied to the Division: (A) The business name, mailing…

§ 1102.5. General Information Requirements. (a) Admission procedures shall require that sufficient information and instruction from the parents or guardians be furnished to enable the staff members to make decisions or act on behalf of the child. (b) The child care facility shall…

§ 1102.6. Issuance of License. (a) Upon completion of examination and satisfaction that the licensee and the child care facility has reasonably met all qualifications and standards prescribed for the specific category of child care facility, the Department shall issue a license. …

§ 1102.7. Effective Date of License. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 24 The effective date of a license shall be as follows: (a) License. (1) A license shall expire no later than two (2) years after the date of issuance. (2) When a license is issued af…

§ 1102.8. Changes to Operation of the Child Care Facility or Group Child Care Home. (a) The licensee must notify the Division in writing within twenty-four (24) hours or by the next working day, whichever comes first, of any significant changes planned in the operation of the chi…

§ 1102.9. Advertising. (a) A child care facility licensed by the Department may publish advertisements of the services for which it is specifically licensed. All advertisements shall include the child care facility’s license number. (b) All child care facilities that are required…

§ 1103. Organization.

§ 1103.1. General. (a) Each licensee which is a person, partnership, corporation, limited liability corporation, limited liability partnership, or association shall be organized according to its legal status as required by local law and applicable rules and regulations. (b) There…

§ 1104. Health and Safety.

§ 1104.1. General. (a) The requirements for sanitation, health and safety shall be adopted and in compliance with the Division of Environmental Health, Department of Public Health and Social Services’ applicable mandates and rules and regulations pertaining to child care faciliti…

§ 1105. Program Requirements.

§ 1105.1. General. (a) Child care facilities shall implement developmentally D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 29 appropriate practices. The Department has developed voluntary early learning guidelines that facilities may use as a guide in developing and…

§ 1106. Staff to Child Ratio. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 7

§ 1106.1. General. (a) The number of children per staff member shall not exceed: Age of Child Child:Staff Ratio Effective Date of Compliance For Existing Child Care Facilities Birth to 12 months 4:1 January 1, 2013 13 months to 2 years 7:1 January 1, 2013 13 months to 2 years 6:1…

§ 1106.2. Existing Child Care Facilities. All existing child care facilities currently in operation shall be required to come into compliance with § 1106.1 on the effective dates of compliance as stated in § 1106.1(a).

§ 1106.3. New Child Care Facilities . (a) A new child care facility is any person or entity that is issued a new license to operate a child care facility after the promulgation of these rules and regulations. (b) A new child care facility shall be required to come into compliance…

§ 1107. Admissions.

§ 1107.1. General. (a) Operators of child care facilities shall provide appropriate care to help the child grow and develop physically, mentally, socially, emotionally, and spiritually at his or her own pace, ensuring the child’s overall welfare.