Title 10 — Health and Safety

(a) Standards of Practice. (1) Scope and Applicability. The standards of practice apply to all applicants and licensees. The use of the term social worker within these standards of practice includes all applicants and licensees. (2) Purpose. The standards of practice constitute t…

This Article may be cited as the Anesthesiologist Assistant Act.

For purposes of this Article, the following words and phrases have been defined to mean: (a) “Board” means the Guam Board of Medical Examiners, which shall have regulatory purview and administrative authority over the licensure and conduct of the anesthesiologist assistant; (b) “…

(a) The Board may adopt and enforce reasonable rules: (1) for setting qualifications of education, skill and experience for licensure of a person as an anesthesiologist assistant; (2) for providing procedures and forms for licensure and annual registration; (3) for examining and …

(a) Program Approval. The Board shall approve programs for the education and training of anesthesiologist assistants which meet standards established by Board rules. The Board shall recommend only those anesthesiologist assistant training programs that hold full accreditation or …

(a) Application for Licensure. (1) All persons applying for licensure as an anesthesiologist assistant shall submit an application to the Board on forms approved by Board. (2) The application may not be used for more than one (1) year from the date of the original submission of t…

(a) Anesthesiologist Assistant programs approved and recognized by the Board must hold full accreditation or provisional (initial) accreditation from the Committee on Accreditation of Allied Health Education Programs (CAAHEP), or its successor. (b) The Board may provide for, by r…

(a) An anesthesiologist who directly supervises an anesthesiologist assistant must be qualified in the medical areas in which the anesthesiologist assistant performs and is liable for the performance of the anesthesiologist assistant. An anesthesiologist may only concurrently sup…

(a) The Board may license qualified persons as anesthesiologist assistants. (b) A person shall not perform, attempt to perform or hold himself out as an anesthesiologist assistant until he is licensed by the Board as an anesthesiologist assistant and has registered with his super…

(a) An anesthesiologist assistant may assist an anesthesiologist in developing and implementing an anesthesia care plan for a patient. In providing assistance to an anesthesiologist, an anesthesiologist assistant may perform duties established by rule by the Board in any of the f…

Prior to practicing on Guam, the anesthesiologist assistant shall present for approval of the Board of Medical Examiners a completed application for supervision by a Guam-licensed anesthesiologist. The practice of the anesthesiologist assistant must fall within the practice of th…

Each licensed anesthesiologist assistant shall present evidence of current certification, and recertification through the National Commission on Certification of Anesthesiologist Assistants, or its successor, every two (2) years for the renewal of a license.

(a) Upon becoming licensed, the Board shall register the anesthesiologist assistant on the anesthesiologist assistants roster, including his name, address and other board-required information, and the anesthesiologist assistant’s supervising anesthesiologist’s name and address. (…

(a) Every anesthesiologist or group of anesthesiologists, upon entering into a supervisory relationship with an anesthesiologist assistant, shall file with the Board a written protocol, to include, at a minimum, the following: (1) name, address, and license number of the anesthes…

(a) While working, the anesthesiologist assistant shall wear or display appropriate identification, clearly indicating that he or she is an anesthesiologist assistant. (b) The anesthesiologist assistant’s license shall be displayed in the office, and any satellite operation in wh…

(a) Tasks performed by the anesthesiologist assistant must be under the direct supervision of a registered supervising anesthesiologist. (b) All medical records shall be reviewed and co-signed by the approved supervising anesthesiologist within seven (7) days. (c) Upon being duly…

The registered supervising anesthesiologist shall be limited to a supervision maximum ratio of one-to- two (1:2), and shall not supervise the anesthesiologist assistants while concurrently performing any anesthesiology procedure upon more than one (1) patient.

No person may practice as an anesthesiologist assistant on Guam who is not licensed by the Board. This Article, however, shall not be construed to prohibit a student in an anesthesiologist assistant program from performing duties or functions assigned by his instructors, who is w…

An anesthesiologist assistant shall only be able to select and administer any form of anesthetic by delegation while under the direct supervision of an anesthesiologist licensed by the Board, and may select and administer any licensed drug solely by delegation and pursuant to the…

This Act shall be known and shall be cited as the “The Joaquin (KC) Concepcion, II Compassionate Cannabis Use Act of 2013.” SOURCE: Added by P.L. 32-237 (Feb. 21, 2015). Amended by P.L. 33-220:2 (Dec. 17, 2016).

The purpose of this Act is to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments. SOURCE: Added by P.L. 32-237 (Feb. 21, 2015). Amended by P.L. 33-220:2 (Dec. 17, 2016)…

As used in this Act: (a) “Allowable amount” means (1) an amount of cannabis, in any form approved by the DPHSS, possessed by a qualified patient or collectively possessed by a qualified patient and the qualified patient’s primary caregiver to be no more than reasonably necessary …

(a) A qualified patient is presumed to be engaged in the medical use of cannabis and shall not be subject to arrest, prosecution, or penalty in any manner for the possession of or the medical use of cannabis if the qualified patient possesses a quantity of cannabis that does not …

Penalties. (a) Participation in the medical use of cannabis by a qualified patient, or primary caregiver, patient’s designated caregiver, or multiple patients’ designated caregiver does not relieve the qualified patient or primary caregiver from: (1) criminal prosecution or civil…

(a) [No text] (1) There shall be established within the Department of Public Health and Social Services a Medical Cannabis Regulation Commission (Commission) consisting of eleven (11) members. Commission members shall serve for a term of four (4) years. Appointments to fill vacan…

(a) The DPHSS shall govern the manner in which it will consider applications for registry identification cards and for the renewal of identification cards for qualified patients, primary caregivers, responsible officials, and designated couriers. (b) Notwithstanding any other pro…

(a) Licenses for medical cannabis businesses are non-transferable. (b) All licensed medical cannabis businesses permitted in this Act shall retain at least fifty-one percent (51%) ownership by legal residents of Guam who have maintained continuous legal residential address or add…

(a) Registry Identification Card: (1) Qualified Patient: $15; (2) Primary Caregiver: $100; (3) Responsible Official: $1,000; (4) Designated Courier: $200. (b) Annual Registry Identification Card Renewal: (1) Qualified Patient: $10; (2) Primary Caregiver: $75; (3) Responsible Offi…

The DPHSS shall govern the manner in which applications for a medical cannabis business license will be considered according to the following: (a) Within thirty (30) days of the passage of this Act, the DPHSS shall accept applications for proposed medical cannabis licenses on a f…

(a) The DPHSS shall govern the manner in which applications for a Medical Cannabis Permit to Operate will be considered. The DPHSS shall inspect the facilities of a licensed medical cannabis business prior to issuing a Permit to Operate. The Permit to Operate must be displayed in…

[Repealed, reserved, or text not separately stated.]

To reduce contamination of cannabis products, all cannabis products shall be stored and displayed in inconspicuous air-tight and tamper proof containers. If applicable, the product may be stored in child-proof containers. Storage and display areas must maintain relative humidity …

(a) Medical cannabis, prepared medical cannabis, and medical cannabis product shall only be transported by designated couriers of a licensed medical cannabis business, a qualified patient, a qualified patient’s primary caregiver, or a qualified patient’s legal guardian. (b) The d…

Labels and packages of prepared medical cannabis product shall meet the following requirements: (a) Medical cannabis packages and labels shall not be made to be attractive to children, to include cartoons; symbols or celebrities that are commonly used to market products to minors…

(a) The DPHSS shall establish standard operating procedures for inspecting a licensed medical cannabis business facility. (b) Authorized members of the DPHSS or law enforcement, the Guam Fire Department, or Department of Public Works may conduct inspections as needed during busin…

(a) All licenses and Permits to Operate are valid for a term of one (1) year from the issue date. The DPHSS shall accept applications to renew on a form prescribed by the DPHSS. All applications or annual renewals for a license or Permit to Operate must be submitted to the DPHSS …

(a) The DPHSS may suspend the Permit to Operate of any licensed cannabis business that is found to be in violation of this Act. The DPHSS shall provide a written notice to the licensed medical cannabis business that includes the specific reason or reasons for the revocation and t…

All sales or transfers of medical cannabis, prepared medical cannabis, and medical cannabis product from licensed medical cannabis business to licensed medical cannabis business shall be tracked via a DPHSS prescribed chain of custody form to include, but not be limited to: (a) C…

Any loss of medical cannabis, prepared medical cannabis, or medical cannabis product over one (1) ounce due to theft or natural disaster shall be reported to the DPHSS and the Guam Police Department within twenty-four (24) hours, along with the associated Chain of Custody forms f…

(a) The DPHSS shall establish rules for destroying, disposing, and reporting the disposal of medical cannabis, prepared medical cannabis, and medical cannabis product. No destruction shall occur in public or in a manner that will expose the public unknowingly to cannabis. If nece…

(a) The licensed medical cannabis business shall report to the DPHSS of its intent to cease business operations before the expiration of the medical cannabis business’ license or permit to operate. (b) The licensed medical cannabis business shall provide written notification to t…

(a) There is established a non-lapsing revolving fund, hereafter referred to as the “Compassionate Cannabis Use Fund” (Fund), which shall be maintained separate and apart from any other fund of the government of Guam, and shall be administered by the Department of Public Health a…

Notwithstanding any other provision of law, rule, or regulation, registry cards for qualified patients shall be optional. A written recommendation shall be a valid endorsement for participation in the medical cannabis program. The registration of medical cannabis business employe…

(a) The DPHSS shall create and maintain a confidential database for the consistent and accurate online tracking of the provisions of this Act. The DPHSS shall use best available practices to ensure the confidentiality of a qualified patient’s status and records from the general p…

(a) Practitioners who provide a written certification for a qualified patient to use medical cannabis will transmit the written certification to the DPHSS via fax, secure e-mail, or courier within twenty-four (24) hours after certifying the qualified patient. (b) The qualified pa…

(a) The DPHSS shall provide medical cannabis dispensaries with the means to electronically verify the valid status and expiration date of a qualified patient’s written certification or a qualified patient’s primary caregiver’s registration via the confidential database to ensure …

(a) The DPHSS shall license one (1) or more independent medical cannabis testing laboratories to laboratory test medical cannabis, prepared medical cannabis, and medical cannabis products that are to be sold on Guam for medical use. A licensed testing laboratory shall be complete…

All records required in this Act shall be confidential and shall be kept by a licensed medical cannabis business for a period of at least five (5) years. Upon reasonable notice, the Director of the Department of Public Health and Social Service may request access to a licensed me…

(a) Upon written certification as provided by § 122526 of this Article and the completion of the requirements in § 122530(c) of this Article, the Department shall issue a permit for a qualified patient or a patient’s designated caregiver to cultivate cannabis at home if there is …

This Act shall be called the “Responsible Cannabis User Employment Protection Act.”