Guam Administrative Code

§ 41726. Exemptions. In the event that an establishment or person is unable to comply with certain requirements of these regulations, the Director may authorize and exempt that particular Section, but shall be augmented by increased requirements in other Sections in order to prov…

§ 41801. Purpose. These rules and regulations implement the monitoring of pharmaceutical controlled substances through the establishment of an electronic database and reporting system to prevent the misuse, abuse, and diversion of such drugs without interfering with its legal med…

§ 41802. Authority 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 355

§ 41803. Title. These rules and regulations shall be known and cited as the “Rules and Regulations Governing the Guam Prescription Drug Monitoring Program.”

§ 41804. Definitions. The definitions of terms contained in these rules and regulations are similar to those contained in Title 9 GCA, Chapter 67. If any definitions are amended in the Act, those amendments shall be the definitions of the terms contained in these rules and regula…

§ 41805. Guam Prescription Drug Monitoring Program Advisory Committee . (a) The Department shall establish an Advisory Committee to consult with and advise the Department on matters related to the establishment, maintenance, and operation of the GPDMP; access to the GPDMP and how…

§ 41806. Reporting Requirements for Dispensers. (a) Each Dispenser shall submit to the Department a report of the dispensing of all locally and federally controlled substances in Schedules II, III, IV, and V of Guam and federal law. Any dispenser located outside the boundaries of…

§ 41807. Electronic Submission Requirement Waiver. (a) The Department may grant a waiver of the electronic submission requirement to a dispenser for good cause. The dispenser requesting the waiver is responsible for establishing the basis for the requested waiver. (b) Waivers may…

§ 41808. Access to Prescription Monitoring Information by Patients. (a) A patient, or a patient’s authorized representative, may obtain a report listing all prescription monitoring information that pertains to the patient. (b) A patient or a patient’s authorized representative se…

§ 41809. Access to Prescription Monitoring Information by Dispensers. (a) A dispenser, or a licensed pharmacy technician authorized by a supervising pharmacist, may obtain any prescription monitoring information insofar as the information relates to a customer of the dispenser se…

§ 41810. Access to Prescription Monitoring Information by Prescribers. (a) A prescriber, or licensed health care practitioner duly authorized by a prescriber, may obtain any prescription monitoring information insofar as the information relates to a patient under the prescriber’s…

§ 41811. Access to Prescription Monitoring Information by the Board. (a) The Board may obtain any prescription monitoring information as required for an investigation, with reasonable cause. The information shall be provided in a format established by the Department, which may in…

§ 41812. Access to Prescription Monitoring Information by local, state, or federal law enforcement or prosecutorial officials. (a) A local, state, or federal law enforcement or prosecutorial official may obtain any prescription monitoring information as required for an investigat…

§ 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 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 370 a minimum of every five y…

§ 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. ------- A RTICLE 19 T HE C ONSTRUCTION , O PERATION AND M AINTENANCE OF C EMETERIES 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 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H …

§ 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 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 379 form that is made…

§ 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 …