Title 10 — Health and Safety

Within thirty (30) days after the parties have exchanged their lists of witnesses and provided each other with the documents that the parties in- tend to introduce as evidence at the arbitration hearing, the arbitrators shall meet at a place designated by the chairperson and cond…

Any arbitration brief to be filed by a petitioner must be filed at least ten (10) working days before the arbitration hearing. Any arbitration brief to be filed by a respondent must be filed at least five (5) working days before the arbitration hearing. A petitioner may file a re…

Any party may be represented in hearings before the arbitration panel by counsel. A party may appear without counsel, and shall be advised of such right and the right to retain counsel in a manner calculated to inform the person COL120106 of the nature and complexity of a proceed…

Parties to the arbitration and their counsel are entitled to attend all hearings. Non-party witnesses may be excluded by either party upon request.

The arbitrators shall require all witnesses at the arbitration hearing to testify under oath.

The arbitration may proceed in the absence of any party who, after due notice, fails to be present. An award shall not be made solely on the default of a party. The arbitrators shall require the attending party to submit evidence.

Hearings may be adjourned by a majority of the arbitrators only for good cause, and an appropriate fee will be charged if the arbitrators determine that a party has wrongfully caused an adjournment to take place.

Any party who proceeds with arbitration after knowledge that any provision of this chapter has not been complied with and fails to state his objections thereto in writing shall be deemed to have waived his right to object.

Except for the parties to the arbitration and their agents, officers, and employees, all witnesses appearing pursuant to subpoena are entitled to receive fees and mileage in the same amount and under the same circumstances as prescribed by law for witnesses in civil actions in th…

Damages shall be monetary only and shall be without limitation as to nature or amount unless otherwise provided by law.

The award of the arbitrators shall be rendered promptly by the arbitrators and, unless otherwise agreed by the parties, not later than twenty (20) business days from the date of the close of the hearing. However, if the arbitrators fail to render an award within twenty (20) busin…

A majority of the panel of arbitrators may grant monetary damages only deemed equitable and just. (a) The award in the arbitration proceeding shall be in writing and shall be signed by the arbitrators or a majority of the panel of arbitrators. An award cannot be rendered unless i…

COL120106 The parties shall accept as legal delivery of the award the placing of the award or a true copy thereof in the mail by the arbitrators addressed to such party at its last known address or to the party's attorney, or personal service of the award on the party or the part…

At any time within one (1) year after an award is made, any party to the arbitration may apply to the Superior Court of Guam for an order confirming the award and thereupon the court must grant such an order unless the award is vacated, modified, corrected, or appealed as prescri…

In any of the following cases, the Superior Court of Guam may make an order vacating the award upon the application of any party to the arbitration: (a) Where the award was procured by corruption, fraud or undue means; (b) Where there was corruption in any of the arbitrators; (c)…

COL120106 In any of the following cases, the Superior Court of Guam may make an order modifying or correcting the award upon the application of any party to the arbitration: (a) Where there was an evident material miscalculation of figures or an evident material mistake in the de…

Notice of a motion to vacate, modify, or correct an award must be served upon the adverse party or his attorney within thirty (30) days after the award is served upon the party seeking to vacate, modify or correct the award.

(a) Within thirty (30) days after the award is served upon the parties, any party may file with the clerk of the Superior Court of Guam and serve on the other parties and the Association a written Notice of Appeal and Request for Trial De Novo of the action. (b) After the filing …

(a) The clerk shall seal any arbitration award if a trial de novo is requested. The jury will not be informed of the arbitration proceeding, the award, or about any other aspect of the arbitration proceedings. The sealed arbitration award shall not be opened until after the verdi…

Every case transferred to the court shall maintain the approximate position on the civil trial docket as if the case had not been so transferred, unless at the discretion of the court, the docket position is modified.

(a) The Prevailing Party in a trial de novo is the party who has (1) appealed and improved upon the arbitration award by forty percent (40%) or more, or (2) has not appealed and the opposing party has appealed and failed to improve upon the arbitration award by forty percent (40%…

(a) After the verdict is received and filed, or the court's decision rendered in a trial de novo, the trial court shall impose sanctions, as set forth below, against the non-prevailing party whose appeal resulted in the trail de novo. (b) The sanctions to be imposed by the court …

Claims against the government of Guam and its agencies are governed by the Government Claims Act. Thus, this chapter does not apply to claims against the Guam Memorial Hospital Authority or other health care institu- tions established by the government of Guam.

This chapter shall not apply to any claim that accrues before the date that the chapter becomes law.

The provisions of Title 5, Chapter 32, Guam Code Annotated, entitled, Deceptive Trade Practices - Consumer Protection Act, shall not be applicable to this chapter and to the extent any of the provisions of this chapter are inconsistent or conflict with the provisions of the Decep…

If any section or sentence of this chapter is deemed unconstitutional, then that section or sentence shall be severed from the chapter and the re- mainder of the chapter shall remain and be of full force and effect. ---------- COL120106 COL120106

This Act may be cited as the Medical Malpractice Reform Act of 1975. SOURCE: GC § 9995.

As used in this Chapter: (a) Health Professional means any person licensed or certified to practice the healing of arts within the territory of Guam, to include podiatry, pharmacy, nursing, as defined in '27000 of the Government Code of Guam. (b) Health Care Institution means any…

Within thirty (30) days after the effective date of this Chapter, the Governor of Guam, in cooperation and consultation with appropriate local, state and Federal agencies and representatives of the general public, shall prepare and submit to the Legislature a report of his recomm…

The written consent to a surgical or medical procedure, where the conditions set out in Subsections (a), (b) and (c) below are met, on a course of procedures, shall be presumed to be valid and effective, in the absence of proof by a preponderance of the evidence that the person w…

In addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures including autopsy not prohibited by law which may be sugge…

In addition to any other instance in which a consent is excused or implied at law, a consent to surgical or medical treatment or procedures, suggested, recommended, prescribed or directed by a duly licensed physician, will be implied where an emergency exists. For the purposes he…

The provisions of this Section shall be liberally construed, and all relationships set forth herein shall include the marital, adoptive, foster and step-relations as well as the natural whole blood. A consent by one person so authorized and empowered shall be sufficient. Any pers…

Abridged. Nothing contained herein shall be construed to abridge any right of a person eighteen (18) years of age or over to refuse to consent to medical or surgical treatment as to his own person. SOURCE: GC § 9995.7.

Ill. The provisions of this Chapter shall not apply to the care and treatment of the mentally ill, which subject shall continue to be governed by existing law independently of the terms and provisions of this Act. SOURCE: GC § 9995.8.

(a) Investigations. The Commission on Licensure to Practice the Healing Art in Guam, hereinafter referred to as the Licensure Commission, shall employ such qualified investigators and attorneys as are necessary to fully implement their authority to revoke, suspend, limit or other…

(a) There shall be no liability on the part of and no cause of action for libel or slander shall arise against any member of the Licensure Commission, its administrator or any commissioners' representatives for any action taken by any of them in the performance of their respectiv…

(a) In any civil action that is brought against a health professional, as defined in §11102, or in any arbitration proceeding that relates to the civil action, a statement, writing or benevolent gesture that: (1) expresses sympathy or a general sense of benevolence relating to th…

For purposes of this Article, the following words and phrases have been defined to mean: (a) “ASHA” means the American Speech, Language and Hearing Association. (b) “Audiologist” means a person duly licensed by the Board to practice in the field of audiology. (c) “Audiology” mean…

(a) Applicants for licensure must possess a “Certificate of Clinical Competence in Audiology” issued by ASHA as evidence of professional training and experience. COL 2026-06-10 (b) Applicants shall have an official statement from ASHA sent directly to the Board reporting applican…

The provisions contained herein shall not be construed to prevent or restrict the following: (a) any person licensed on Guam, under any other law, from engaging in the profession or occupation for which the person is licensed; (b) the activities and services of persons pursuing a…

The practice of audiology includes: (a) identifying, including screening, assessing, interpreting, diagnosing, counseling, preventing, and rehabilitating peripheral and central auditory system dysfunctions; (b) providing and interpreting behavior and (electro) physiological measu…

For the purpose of this Chapter the following words and phrases shall have the meanings assigned to them, respectively, except where the context otherwise requires: (a) “Disease” means any blemish, defect, deformity, infirmity, disorder or injury of the human body or mind, or of …

(a) No person shall practice the healing art on Guam who is not: (1) licensed so to do under the provisions of this Article; or (2) exempted under the provisions of this Chapter. (b) No person shall practice the healing art on Guam otherwise than in accordance with the terms of h…

(a) There is within the government of Guam a “Commission on the Healing Arts of Guam,” (Commission) consisting of eleven (11) members appointed by I Maga’hågan/Maga’låhen Guåhan as follows: (1) the Director of Public Health and Social Services, or a designee from the Department; …

(a) The Department of Public Health and Social Services shall be the Department responsible for the implementation of this Act and may establish the Division of Commission of the Healing Arts and Licensure for the purpose of this Act. (b) The Director of the Department of Public …

If need be, the Compiler of Laws is hereby authorized to appropriately codify this Act. SOURCE: GC § 27103, as amended by P.L. 16-123:6 (Dec. 28, 1982). Transferred from Article 2 and renumbered from § 12204 to § 12105 by P.L. 24-208:2 (May 13, 1998). Repealed and reenacted by P.…

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 en…

The provisions contained in this Act shall take effect upon enactment. ARTICLE 2 PHYSICIANS PRACTICE ACT SOURCE: §§ 12206-12228 repealed by P.L. 24-208:1 (May 13, 1998) and new §§ 12201-12217 added by P.L. 24- 208:3. The original §§ 12201-12205 recodified as §§ 12102-12106 by P.L…

For purposes of this Article, the following words and phrases have been defined to mean: (a) “Accredited School of Chiropractic” means a school of chiropractic accredited by the Council of Chiropractic Education (CCE). (b) “Chiropractic” means the science, art, and philosophy of …