Title 10, Health and Safety

(a) Distributor means any person who imports tangible personal property or consumable goods and distributes to a retailer for resale. (b) Nicotine means a colorless, oily, water-soluble, highly toxic, liquid alkaloid, C1 0H1 4N2, found in tobacco and valued as an insecticide. Nic…

Sticks, Tobacco Hard Candies, Nicotine Lollipops, Nicotine Lip Balms, and Nicotine Water to Guam Illegal: Punished. (a) A person commits a felony when he imports, attempts to import, or causes to import ingestible tobacco film strips, tobacco sticks, tobacco hard candies, nicotin…

This Act shall take effect ninety (90) days after its enactment. ---------- COL 03072011 COL 03072011

This act shall be known and cited as the Natural Death Act.

(a) The Legislature finds that an adult person has the fundamental right to control the decisions relating to the rendering of his or her own medical care, including the decision to have life-sustaining treatment withheld or withdrawn in instances of a terminal condition or perma…

As used in this chapter, unless the context otherwise requires: COL092507 (a) Anticipated Death means a death caused by life-limiting illness, infirmity, or disease, as certified by the attending physician that he discussed a prognosis of terminal condition with the patient and t…

Requirements. (a) An individual of sound mind and 18 or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration shall be a separate document and not a part of another document nor contained on a…

A declaration shall have no force or effect if the declarant is a person in a skilled nursing facility as defined in 10 Guam Code Annotated '7102(a), at the time the declaration is executed unless one of the two witnesses to the declaration is a patient advocate or ombudsman as m…

COL092507 A declaration becomes operative when (a) it is communicated to the attending physician and (b) the declarant is diagnosed and certified in writing by the attending physician and a second physician who has personally examined the declarant to be in a terminal condition o…

(a) A declarant may revoke a declaration at any time and in any manner, without regard to the declarant's mental or physical condition. A revocation is effective upon its communication to the attending physician or other health care provider by the declarant or a witness to the r…

Upon determining that the declarant is in a terminal condition or permanent unconscious condition, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record and file a copy of the declarati…

(a) A qualified patient may make decisions regarding life sustaining treatment, including whether to stay in a hospital or healthcare facility, as long as the patient is able to do so. (b) This chapter does not affect the responsibility of the attending physician or other health …

Chapter; Transfer of Patient. An attending physician or other health care provider who is unwilling to comply with this chapter shall take all reasonable steps as promptly as practicable to transfer care of the declarant to another physician or health care provider who is willing…

(a) A physician or other health care provider is not subject to civil or criminal liability, or discipline for unprofessional conduct, for giving effect to a declaration in the absence of knowledge of the revocation of a declaration. (b) A physician or other health care provider,…

(a) A physician or other health care provider who willfully fails to transfer the care of a patient in accordance with Section 91109 is guilty of a felony of the third degree. (b) A physician who willfully fails to record a determination of terminal condition or permanent unconsc…

from Decisions Made in Accordance with Chapter; Effect of Declaration on Life Insurance or Annuities; Deliberate Acts or Omissions to End Life. (a) Death resulting from the withholding or withdrawal of a life- sustaining treatment in accordance with this Act does not constitute, …

In the absence of knowledge to the contrary, a physician or other health care provider may presume that a declaration complies with this Act and is valid.

An instrument governing the withholding or withdrawal of life-sustain- ing treatment executed in another state in compliance with the laws of that state or of the Territory of Guam, is valid for purposes of this Act.

The following instruments shall be given effect pursuant to the provisions of this Act. (a) An instrument executed before the effective date of this Act that substantially complies with subdivision (a) of Section 91103. COL092507 (b) An instrument governing the withholding or wit…

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

To the extent that a provision of this Act conforms to the Uniform Rights of the Terminally Ill Act, that provision shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it. ---------…

This Chapter may be cited and referred to as “The Partial-Birth Abortion Ban Act of 2008”.

I Liheslaturan Guåhan finds that a moral, medical, and ethical consensus exists that the practice of performing a partial-birth abortion is a gruesome and inhumane procedure that is never medically necessary and should be prohibited. The passage by the 108th Congress with the Pre…

For purposes of this Chapter, the following words and phrases are defined to mean: (a) The term partial-birth abortion means an abortion in which the person performing the abortion: (1) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-…

A person shall not knowingly perform or attempt to perform a partial- birth abortion. Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this Title or imprisoned not more than ten (10) years, or both. This Subsection…

Any person performing a partial-birth abortion shall be guilty of a third degree felony.

(a) Any person who intentionally or knowingly violates this Act is guilty of a third degree felony. (b) Any physician who intentionally or knowingly performs a partial- birth abortion and thereby kills a human fetus shall be fined not less than Ten Thousand Dollars ($10,000.00) n…

(a) The father, if married to the mother at the time she receives a partial-birth abortion procedure, and, if the mother has not attained the age of eighteen (18) years at the time of the abortion, the maternal grandparents of the fetus may in a civil action obtain appropriate re…

(a) A defendant accused of an offense under this Section may seek a hearing before the Guam Board of Medical Examiners as to whether the physician’s conduct was necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical…

A woman upon whom a partial-birth abortion is performed may not be prosecuted under this Section for a conspiracy to violate Section 3 of this bill.

(a) Nothing in this Act shall be construed as creating or recognizing a right to abortion. (b) It is not the intention of this Chapter to make lawful an abortion that is currently unlawful.

(a) An ambulatory healthcare facility licensed pursuant to Chapter 15, Title 18 of the Guam Code Annotated in which the partial-birth abortion is performed in shall be in violation of this Act and shall be subject to immediate revocation of its license(s) by the Guam Board of Med…

Between 1970 and 1992, according to the Centers for Disease Control, the median length of hospital stay for expectant mothers declined from 3.9 to 2.1 days for vaginal delivery and from 7.8 to 4 days for cesarean. The post-1970 decrease in length of stay was a response to changin…

It is a growing concern that mothers and infants at high medical risk are being discharged too early from the hospital, creating potential postpartum problems. It is the intent of the Legislature that efficient, cost- effective, quality and necessary postpartum health care, and n…

As Used in This Chapter: (1) Attending clinician means the attending obstetrician, pediatrician, family practitioner, other physician or certified nurse midwife attending the mother or newly-born child. (2) Inpatient means a patient who is confined to a health facility for medica…

The Director of Public Health and Social Services shall adopt rules and regulations to implement the health provisions of this section, which includes, but is not limited to, defining a Amedically necessary@ decision for shortening minimum coverage, and home visit requirements, w…

All insurer contracts delivered or issued for delivery, which are also executed or renewed on Guam, and which provide maternity coverage shall also provide coverage for a minimum of forty-eight (48) hours of inpatient care following a vaginal delivery, and a minimum of ninety-six…

COL120106 Notwithstanding the provisions of § 92104, an insurance policy delivered or issued for delivery on Guam that provides coverage for postpartum care to a mother and her newly born child in the home shall not be required to provide for coverage for a minimum of forty-eight…

Postpartum care in the home shall be made in accordance with accepted maternal and neonatal physician assessments, by a registered professional nurse with community maternal and child health nursing experience or by a person with appropriate licensure, training and experience to …

Each insurer providing maternity coverage on Guam shall mail a written description of the coverage and notify the expectant mother of her right to complain should she not receive the coverage as required under this Article, in a form approved by the Department of Public Health an…

Any subscriber or member who is aggrieved by a denial of benefits to be provided under this section may appeal said denial in accordance with regulations of the Department of Public Health and Social Services. COL120106

No person, insurer, health maintenance organization, nonprofit health care plan, insurance pool, or health insurance alliance, transacting health insurance or providing health care services, as defined herein, on Guam, shall provide, directly or indirectly, any financial incentiv…

In addition to any other penalty provided by law or rule, violation of any provisions of this rule is subject to penalties for violation of the insurance code.

Nothing in this Act shall be construed as establishing any maximum limitation on inpatient maternity care or inpatient maternity benefits.

If any section of this rule, or applicability of any section to any person or circumstance, is for any reason held invalid by a court, the remainder of the rule, or the applicability of such provisions to other persons or circumstances, shall not be affected. ---------- COL120106…