Title 10 — Health and Safety

It is the policy of this Territory to encourage and promote measures and the development and utilization of resources to insure the effective care and treatment of persons who are convalescing or whose physical or mental condition requires them to receive a degree of nursing and/…

As used in this Chapter, unless the context requires a different meaning: (a) Nursing home means an institution, private home, other place or part or unit thereof, however named, whether for profit or not, including facilities operated by the government of Guam, which is advertis…

(a) No person shall operate a nursing home unless the Department of Public Health and Social Services has issued, and there is in force, a license authorizing such operation. (b) No license to operate a hospital or other facility for the care and treatment of the physically or me…

Notwithstanding any provision of this Chapter no license pursuant to § 7103 hereof shall be required as a condition of the establishment or opera- tion of any nursing home by this Territory or any agency thereof. All other provisions and requirements of this Chapter and standards…

Home. (a) Any person proposing to operate a nursing home shall, prior to the commencement of such operation, make application to the Department of Public Health and Social Services for a license by the Department of Public Health and Social Services, which shall contain the follo…

License. (a) Sixty (60) days prior to the expiration date of a nursing home license, an application for a renewal thereof shall be submitted to the Department of Pubic Health and Social Services on a form approved by it. Upon receipt and review of the application and determinatio…

Any owner or administrator of a nursing home or proposed nursing home may submit plans and specifications thereof, to the Department of Public Health and Social Services for advice concerning their suitability in COL120106 the light of requirements of law. The Department of Publi…

In administering this Chapter, the Department of Public Health and Social Services shall, in addition to powers otherwise conferred upon it, have power to: (a) Develop, issue, amend and revise standards, rules and regulations which shall implement this Chapter and shall have the …

COL120106 The words hospital, sanitarium, rehabilitation center, or any words conveying a meaning substantially identical thereto, shall not be used in the name of a nursing home. A nursing home shall use the name as it appears on the nursing license for its premises. The name of…

Every nursing home shall comply with all applicable standards, rules and regulations of the Department of Public Health and Social Services agency and shall: (a) Be under the administrative direction and charge of the person whose name appears on the nursing home license as admin…

(a) The presence of each patient in a nursing home shall be covered by a contract executed at the time of admission or prior thereto by the patient or his legal representative and the nursing home. Each party to such a contract shall be entitled to a duplicate original thereof an…

COL120106 (a) The Department of Public Health and Social Services shall classify nursing homes according to character, size and range of services provided. Wherever it considers distinction to its standards, rules and regulations to be appropriate as among different classes of nu…

(a) The admission of a patient to a nursing home and his presence therein shall not confer on such nursing home or its owner, administrator, employees or representatives an authority to manage, use or dispose of any property of such patient; nor shall such admission or presence c…

No nursing home shall employ or otherwise permit any person to serve there in any capacity, if such person has a communicable or contagious disease or other disease or condition that would make him dangerous to the health or welfare of patients therein. Except in homes exempt fro…

(a) No person shall be admitted to or be permitted to remain in a nursing home as a patient if: (1) He is dangerous to himself or other patients; (2) His condition or conduct is such that he would be unduly disturbing to other patients; (3) He is in need of medical procedures whi…

No owner, administrator, employee or representative of a nursing home shall pay any commission, bonus, fee or gratuity in any form whatsoever to any physician, surgeon, organization, agency or to any person either directly or indirectly, for patients referred. SOURCE: GC § 9955.1…

(a) Whenever a nursing home discontinues operation, and during the period when it is preparing for such discontinuance, the home shall inform the Department of Public Health and Social Services of the impending discontinuance of operation. The home also shall inform the patient, …

(a) The requirements of this Chapter, or of any standard, rule or regulation pursuant thereto, for medical and nursing services shall not apply to any home operated by or exclusively for the members of a religious order or denomination whose tenets forbid subjection of the person…

The Department of Public Health and Social Services and any duly designated officer or employee thereof, shall have the right to enter upon and into the premises of any nursing home licensed pursuant to this Chapter at anytime in order to determine the state of compliance with th…

(a) No department, agency or officer of this Territory shall pay or approve for payment from public funds any amount or amounts to a nursing home under any program of government aid in connection with services provided, or to be provided, an actual or prospective patient in a nur…

(a) Any application for a nursing home license and an application for renewal thereof shall be accompanied by a fee which shall, by rules and regulations, be established by the Department of Public Health and Social Services. The issuance of a new nursing home license resulting s…

(a) Any person who violates any provision of this Chapter or any standard, rule or regulation in force pursuant thereto shall be subject to a fine of not to exceed One Thousand Dollars ($1,000). If the violation consists in whole or in part of operating a nursing home without a l…

(a) No nursing home license may be suspended, revoked, denied or renewal denied without a hearing, if requested by the licensee, on due notice, except that the Department of Public Health and Social Services may suspend any such license prior to hearing when it finds that the hea…