Title 10 — Health and Safety

(a) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he may, subject to the terms of the gift, authorize embalming and the use of the body in funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and…

This Chapter shall be so construed as to effectuate its general purpose to make uniform the law of the states and territories of the United States which enact it. SOURCE: GC § 49247.

This Chapter may be cited as the Guam Uniform Anatomical Gift Act. SOURCE: GC § 49248. ---------- COL120106 COL120106

This Act may be cited or referred to as the Guam Organ Donor Act of 1998.

For purposes of this Chapter the following phrase, >declaration of death,= shall mean that a physician declared a person dead in accordance to 10 GCA Chapter 83B. The physician declaring the death of a person shall be a Guam licensed physician.

When a physician has pronounced a person dead by determining that the individual has sustained an irreversible cessation of all functions of the entire brain, including the brain stem, there shall be independent confirmation by another physician.

When a part of the donor is used for direct transplantation pursuant to Chapter 83 of Title 10 of the Guam Code Annotated, Guam Uniform Anatomical Gift Act, and the death of the donor is determined by determining that the individual has suffered an irreversible cessation of all f…

(a) Registry at GMHA. There is hereby established within the Guam Memorial Hospital Authority (>GMHA=) an island-wide Organ Donor Registry (>Registry=). The Registry shall be in accordance to '83102 of Chapter 83 of Title 10 of the Guam Code Annotated, Uniform Anatomical Gift Act…

This Article shall be so construed as to effectuate its general purpose and to make uniform the laws of Guam with respect to the states and other territories of the United States. COL120106

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

The declaration of death shall be of the following: (a) a person shall be considered legally dead if there is irreversible cessation of spontaneous respiratory and circulatory functions; or (b) if artificial means of support preclude a determination that spontaneous respiratory a…

A licensed physician who determines death in accordance with the provisions of ' 83B101 of this Act is not liable to damages in any civil action or subject in any criminal proceeding for his or her acts, or the actions of others based on that determination.

A person who acts in good faith in reliance on a determination of death by a licensed physician is not liable for damages in any civil action or subject to prosecution in any criminal procedures for his or her actions. ---------- COL120106 COL120106

A person shall be declared dead if it is determined that there is irreversible cessation of all functions of the brain, including the brainstem by a licensed attending physician and confirmed independently by a licensed consulting physician. Neurological criteria for establishing…

Section 83C101 shall be amendable through the Administrative Adjudication Law, Rule Making Procedures, pursuant to Article 3, Chapter 9 of Title 5 of the Guam Code Annotated. ---------- COL120106 COL120106

I Liheslaturan Guahan hereby declares that: (a) the provision of emergency medical services is a matter of vital concern affecting the public health, safety and welfare of the people of Guam; (b) it is the purpose of this Chapter to establish, promote and maintain a comprehensive…

Unless the context otherwise requires, the definitions contained in this Chapter shall govern the provisions of this Commission: (a) Administrator means the Administrator or his/her designee of the DPHSS Office of EMS Administrative Office created under this Chapter. (b) Advanced…

Office. (a) There is hereby created, within the Department of Public Health and Social Services, a Guam Emergency Medical Services Administrative Office called the Office of Emergency Medical Services (Office of EMS). (b) The Office shall plan, establish, implement, administer, m…

The Administrator of the DPHSS Office of EMS shall serve as the Executive Secretary of the Guam EMS Commission. The Administrator shall, at each EMS Commission meeting, report to the Commission its observations and recommendations relative to its review of ambulance services, eme…

Composition; Duties, and Responsibilities. The Office of EMS Administrative Office shall be composed of a full-time salaried Administrator and sufficient supporting staff to efficiently fulfill the purpose of the emergency medical services system. The Administrator shall: (a) imp…

There is hereby created a Guam Emergency Medical Services Commission which shall have the power to make regulations, not inconsistent with the provisions of this Chapter, and amend or repeal them, as it deems necessary to carry out the intent of the provisions of this Chapter and…

The Commission: (a) shall monitor, review, and evaluate on an ongoing basis the operations, administration, and efficacy of the EMS system, or any components thereof, to determine conformity with and maximum implementation of this part; (b) shall participate in any planning or ot…

The Commission shall consist of eighteen (18) members of which seventeen (17) members are appointed by I Maga’lahi (the Governor) and who shall serve at his pleasure from each of the following organizations or groups. Of the eighteen (18) members, eleven (11) are voting members a…

(a) Selection of Officers; Compensation of Members. I Maga’lahi (the Governor) or his representative shall serve as temporary Chairman and shall convene the first meeting of the Commission. At its first meeting, the Commission shall select a chairman and such other officers from …

Pursuant to this Chapter, all persons who furnish, operate, conduct, maintain, advertise, or otherwise engaged in providing emergency medical services as a part of the regular course of doing business, either paid or voluntary, shall hold a current valid certification issued by t…

For the purpose of implementing § 84110, the following certification procedures shall apply: (a) Certification Application. There shall be four (4) levels of emergency medical service personnel: Emergency Medical Responder (EMR); Emergency Medical Technician (EMT); Advance Emerge…

(a) A certificate shall not be required for a person who provides emergency medical services when: (1) assisting persons certified to provide emergency medical services under this Chapter or in the case of a major catastrophe, disaster, or in which persons certified to provide em…

(a) After notice and hearing, the Administrator may and is authorized to suspend or revoke a certificate issued under this Chapter for failure to comply and maintain compliance with, or for violation of any applicable provisions, standards or other requirements under this Chapter…

(a) No person shall be denied treatment at any designated emergency medical services facility for an emergency medical condition which will deteriorate from a failure to provide such treatment. A hospital, its employees, or any physician or dentist providing emergency medical ser…

No providers of emergency medical services, or their emergency medical services personnel certified in Guam, shall be subject to civil liability based solely upon the failure to obtain consent in rendering emergency medical, surgical, hospital or health services to any individual…

Where any person is found to be in violation of the provisions of this Chapter or any regulations adopted pursuant to this Chapter, the Attorney General or the Administrator may, in accordance with the laws of Guam, enjoin such person from continuing in violation of the provision…

Any person who violates any of the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment of not more than sixty (60) days, or by both such fine and imp…

Notwithstanding any other provision of law, rules and/or regulations to the contrary, all emergency medical services shall be provided in accordance with regulations adopted by the Commission. SOURCE: Gov’t Code Article 1, Chapter 6, Title XLVII, codified by the Compiler as Chapt…

All existing grants for the planning and implementation of an emergency medical services system, and all equipment and staff, funded by these same grants are hereby transferred to the Office of EMS, with the exception of grants being applied for by the Guam Fire Department. The O…

The EMS Medical Director shall be a Guam licensed physician with board certification in Emergency Medicine, Family Practice or General Surgery, and with training and experience in emergency medical services. SOURCE: Added by P.L. 23-077:9 (Mar. 6, 1996). Amended by P.L. 31-146:2 …

Telephone Communications System. (a) This Section shall be known and may be cited as the “Emergency Medical Dispatch Provision.” (b) Legislative Intent. I Liheslatura (the Legislature) finds that there is no single governmental agency designated with the authority to establish, a…

(a) The Guam Memorial Hospital Authority (GMHA) shall establish a Division of EMS. The Division shall be headed by the GMHA Emergency Medical Services (EMS) Medical Director, who shall be a licensed physician. The Division’s responsibilities shall include, but not be limited to: …

(a) The Guam EMS Commission and the Office of EMS, in coordination with the Guam Fire Department and other government of Guam agencies, shall establish a Community Paramedic Outreach Program (CPOP) as part of the EMS Comprehensive Plan established in § 84105 of this Chapter no la…

(a) Principles: (1) In order to function as an EMS Provider, an individual must be certified/licensed from the Department of Public Health and Social Services Office of Emergency Medical Services as an NREMR, NREMT, NRAEMT or NRP. (2) EMS Providers are responsible to adhere to th…

As used in this Chapter: (a) Board means the Board of Trustees of the Guam Memorial Health Plan; (b) Corporation means the Guam Memorial Health Plan; and (c) Director means the Director of the Guam Memorial Health Plan. SOURCE: GC § 49020.

In order to provide medical services and assistance to those persons on Guam who require assistance, there is created a public corporation to be known as the Guam Memorial Health Plan. SOURCE: GC § 49021. COL 041309

It shall be the duty of the Corporation to operate a self-sustaining health maintenance organization which shall offer health services at the lowest possible premiums to people of the territory of Guam. SOURCE: GC § 49022.

The Corporation shall have all the powers necessary and convenient to carry out and perform the purposes and provisions of this Chapter, including the following, in addition to other powers granted in this Chapter, and may: (1) sue and be sued; (2) have a seal and modify it; (3) …

All powers vested in the Corporation, except as otherwise provided in this Chapter, shall be exercised by the Board. SOURCE: GC § 49024. COL 041309

(a) The Board of Trustees shall consist of seven (7) members who shall be appointed by the Governor with the advice and consent of the Legislature. The quorum of the Board shall consist of five (5) trustees. Action by the Board shall require the affirmative vote of five (5) trust…

The Board shall appoint a Director. The Director shall be a member of the unclassified service of the government of Guam. The Director shall have responsibility to carry out the purposes and duties of the Corporation in accordance with the direction of the Board. Payment for serv…

The Director may appoint such other personnel and fix their duties, under and in accordance with the personnel and compensation laws of the government of Guam, for the purposes of the Corporation. SOURCE: GC § 49027.

(a) There is established a fund to be known as the AGuam Memorial Health Plan Fund,@ which shall be maintained separate and apart from other funds of the Government and independent records and accounts shall be maintained in connection therewith. Every quarter, the financial stat…

The Corporation shall not retain any management firm for the purpose of managing the Corporation. SOURCE: GC § 49029.

The Corporation and all property acquired by or for the Corporation and all revenues and income earned by the Corporation are exempt from the taxation by the Territory for those taxes that are imposed by the Territory, including but not limited to the territorial income tax and t…