Title 10 — Health and Safety

(a) The governance and control of the Guam Memorial Hospital Authority are vested in a Board of Trustees (Board). The Board shall be composed of ten (10) members: four (4) members representing the general public, who shall possess a background and experience in healthcare, manage…

(a) The Board shall be liable for the negligent act of any hospital employee or officer, if the Board knew or had notice that said employee or officer was inefficient and incompetent to perform the services for which he was hired, or said Board retained such inefficient or incomp…

Meetings of the Board shall be held at a regular time and place as determined by the Board. Special meetings may be called by the Chairman or by a majority of the members, as often as may be necessary. Meetings of the Board, regular or special, shall be subject to the Open Govern…

The members of the Board of Trustees shall serve staggered terms of six (6) years. On the expiration of the term of any member, or in the event of a vacancy on the Board due to resignation, death or any other cause, I Maga’håga/Maga’låhi shall, in the manner provided herein and w…

The composition of the members of the Board shall be broadly based in terms of its members’ personal expertise and shall strive for a balanced representation of the general population. Trustees, and Trustee candidates, must be United States citizens or permanent resident aliens d…

[Repealed.] SOURCE: Added by P.L. 30-190:1 (Aug. 28, 2010). Repealed by P.L. 31-014:2 (Apr. 4, 2011).

The current members of the Board shall continue to serve until the expiration of their term as set out in § 80105.3 of this Chapter and in the event of a vacancy, said vacancy shall be filled in accordance with this Chapter. SOURCE: Added by P.L. 30-190:1 (Aug. 28, 2010).

The members of the Board shall not, by reason of such membership, be deemed employees of the government of Guam. SOURCE: Added by P.L. 30-190:1 (Aug. 28, 2010). 2025 NOTE: P.L. 14-029:1 (May 27, 1977) added GC § 49004, later codified as § 80106 entitled “Board of Trustees,” which…

[Repealed.] SOURCE: Added by P.L. 30-190:1 (Aug. 28, 2010). Repealed by P.L. 31-014:3 (Apr. 4, 2011).

The Board shall elect a Chairman, a Vice-Chairman, a Secretary and a Treasurer from among its membership every two (2) years. SOURCE: GC § 49006 as added by P.L. 14-029:1 (May 27, 1977). Subsection (d) amended by P.L. 16-098:6 (July 2, 1982). Codified by the Compiler as § 80108. …

The Hospital shall have and exercise each and all of the following powers: (a) Maintain and operate a facility providing acute, chronic and all other health care services, including those services specifically provided by contract for the Guam Behavioral Health and Wellness Cente…

(a) The Board shall hire or contract an Administrator, who shall be its Chief Executive Officer. The Administrator’s duties and compensation, salary and endowments, shall be determined by the Board. The Administrator shall meet the following minimum qualifications: (1) shall have…

(a) The position of Chief Financial Officer is established within the Guam Memorial Hospital Authority. The Chief Financial Officer shall meet the following minimum qualifications: (1) possession of a Certified Public Accountant (CPA) certificate in the United States and a Bachel…

Insofar as the provisions of this Chapter are inconsistent with the provisions of any other law, the provisions of this Chapter shall be controlling; and in particular but not by way of limitation, except as may be provided in this Chapter, no provision of any law with respect to…

(a) The Board shall establish and administer rules and regulations governing the compensation and classification of health professionals of the hospital. COL 2026-06-10 (b) All employees of the hospital, except physicians and healthcare administrators, the Hospital Administrator,…

(a) The Guam Memorial Hospital Authority may employ an attorney to assist and represent the Hospital and to advise the Board in all civil matters in which the Hospital is a party or in which the Hospital is legally interested; provided that the Attorney General shall represent th…

As an instrumentality of the government of Guam, the Hospital and all property acquired by or for the Hospital, and all revenues and income there-from are exempt from taxation by the government of Guam, or by any political subdivision or public corporation thereof, and from all t…

(a) There is hereby established a fund to be known as the “Hospital Operations Fund” (Fund), which shall be maintained separate and apart from other funds of the government of Guam and independent records and accounts shall be maintained in connection therewith; (b) All moneys re…

Citizens of Guam afflicted with irreversible renal failure who are medically indigent, as determined by the Department of Public Health and Social Services by regulations, shall receive hospitalization, medical treatment and drugs for the treatment of irreversible renal failure, …

SOURCE: Added by P.L. 30-190:1 (Aug. 28, 2010), entitled “Cancer Data Collection,” renumbered to § 80124 by the Compiler pursuant to the authority of 1 GCA § 1606.

Patients’ medical records are confidential, and copies thereof may be released only upon the written consent of the patient involved or by written order of the Superior Court of Guam; provided, however, that any information, data or reports with respect to cases of malignant dise…

On March 30, 2010 for Fiscal Year 2011, and March 30 for the succeeding fiscal years, the Board shall submit a comprehensive program and financial plan to I Liheslaturan Guåhan in a budget format utilized by the Bureau of Budget and Management Research for the Executive Branch. I…

and Bequests for Specific Purposes. (a) The Administrator of the Guam Memorial Hospital Authority (GMHA), with the concurrence of the GMHA Board of Trustees, shall be authorized to solicit, accept, utilize and administer on behalf of GHMA, donations, contributions, gifts and bequ…

GMHA is hereby authorized to install vending machines or similar machines, which can be contractual, for the purpose of serving the Hospital and its employees, and shall be entitled to all revenues from such activities. The Hospital Administrator shall use such revenues for the H…

Notwithstanding any other provisions of law, rule, or regulation, no certifying officer, administrator, or employee of the Guam Memorial Hospital Authority shall authorize the issuance of net pay at the authority. For the purpose of this Section, “net pay” shall mean the remainin…

(a) The Guam Memorial Hospital Authority shall establish, within the premises of the hospital facility, an urgent healthcare medical services center for non-emergency outpatient medical services. The urgent care center shall serve as a center to treat patients who have an injury …

The Guam Memorial Hospital Authority (GMHA) and the GMHA Medical Staff shall continue to collect information regarding cancer cases with relevant data for the Cancer Registry, as established by the Department of Public Health and Social Services (DPHSS). GMHA shall provide DPHSS …

(a) I Liheslaturan Guåhan, pursuant to § 50103(k) of Article 1, Chapter 50 of Title 12, Guam Code Annotated, hereby authorizes I Maga’hågan/Maga’låhen Guåhan to issue one or more additional series of tax-exempt and/or taxable Limited Obligation (Section 30) Bonds of the governmen…

A Commission on Post-Mortem Examinations is hereby established. The members of the Commission shall be the Attorney General, the Chief of Police, the Director of the Department of Public Health and Social Services, the President of the Guam Medical Society, and the Administrator …

The Office of Post-Mortem Examinations is hereby established, to be operated under the control and supervision of the Commission. The Office shall be directed by a Chief Medical Examiner, and may employ such assistant medical examiners, pathologists, toxicologists, laboratory tec…

(a) The Chief Medical Examiner shall be named by the Commission to serve for such term and at such salary as the Commission may fix. He may as part of his duties teach medical or law school classes, conduct special classes for police investigators, and engage in other activities …

The Chief Medical Examiner shall be a citizen, a permanent resident of the United States, or a person whose immigration status with the U.S. Immigration legally allows him to work in the United States, and a physician licensed to practice his profession in Guam. He must have curr…

The Office of Post-Mortem Examinations shall investigate all human deaths providing such deaths in the opinion of the Chief Medical Examiner arose from the following causes: (a) Violent deaths, whether apparently homicidal, suicidal or accidental, including but not limited to dea…

Autopsies may be conducted by the Office of Post-Mortem Examinations in the following cases: (a) Deaths caused by violent deaths whether apparently homicidal, suicidal or accidental, including but not limited to deaths due to thermal, chemical, electrical or radiational injury, a…

In the event a person who was driving the car dies within four (4) hours as a result of a traffic accident related injury from the time of its occurrence and there is reasonable cause to believe that such person was driving under the influence of alcohol, a blood sample will be i…

(a) All law enforcement officers, prosecuting attorneys, and other officials shall cooperate fully with the Office of Post-Mortem Examinations in making the investigations and conducting the autopsies herein provided for. Such officials and all physicians, undertakers, embalmers …

The Office of Post- Mortem Examinations shall maintain a laboratory or laboratories suitably equipped with medical, scientific and other facilities for performance of the duties imposed by this Chapter. Laboratories may be maintained in collaboration with Guam Police Department, …

Subject to the Administrative Adjudication Law, the Commission may promulgate fees, rules, and regulations necessary or appropriate to effectively carry out the provisions of this Chapter. SOURCE: GC § 49107; repealed and reenacted by P.L. 11-037 (May 8, 1971). Amended and rename…

The Office of Post-Mortem Examinations shall keep full and complete records, properly indexed, giving the name, if known, of every person whose death is investigated, the place where the body was found, the date, cause and manner of death, and all other relevant information conce…

The records of the Office of Post-Mortem Examinations, or transcripts thereof certified by the Chief Medical Examiner, are admissible in evidence in any court of Guam, except that statements by witnesses or other persons and conclusions upon extraneous matters are not hereby made…

(a) Fees. The Commission is authorized to impose fees reasonably necessary for the Office of Post- Mortem Examinations to carry out its duties and responsibilities as required or authorized by this Chapter, or rules and regulations adopted under this Chapter. The Commission is fu…

If any provision or application of this Chapter is held invalid, such invalidity shall not affect other provisions or application of the Chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this Chapter are declared to…

(a) The Office of Post-Mortem Examinations/Chief Medical Examiner may employ registered and certified medicolegal death investigators. Medicolegal death investigators are employees that aid in the investigations that determine the cause of death of deceased persons. (b) The Depar…

As used in this Chapter, unless the context requires otherwise: (a) Department means the Guam Behavioral Health and Wellness Center and Director means the Director of the Guam Behavioral Health and Wellness Center. (b) Facility means a public or privately operated institution ope…

The provisions of this Chapter shall be carried out with the utmost consideration for the privacy and dignity of the person who undergoes involuntary evaluation or treatment. For all purposes under this Chapter, the determination of issues of fact before the court shall be as fol…

Hospitalization. (a) A qualified mental health professional shall perform an examination of any person alleged to have a mental illness and who as a result thereof is a danger to self, a danger to others or gravely disabled. (b) A qualified mental health professional shall form a…

Health Professional for Consideration of Involuntary Hospitalization. (a) Any person may bring another to the Department or an emergency room of a hospital for examination by a qualified mental health professional. The person bringing the other for examination must stay with the …

Taken into Custody. (a) At the time a patient is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the patient's personal property, the person taking him into c…

Involuntary Hospitalization by the Court of an Individual Found Not Guilty by Reason of Insanity Shall be Pursuant to Titles 8 and 9 of the GCA. SOURCE: Repealed and reenacted by P.L. 19-016:1 (Apr. 11, 1988). ---------- ARTICLE 3 CERTIFICATION FOR INTENSIVE TREATMENT

(a) If at the end of the 72-hour evaluation period, the individual is still a danger to self, a danger to others or is gravely disabled because of a mental illness, he shall remain in treatment and evaluation at the facility upon the written certification of two qualified mental …