Title 10, Health and Safety

The Guam board of Allied Health Examiners, with the assistance of the Office of Attorney General, shall, upon enactment hereof and in accordance with the Administrative Adjudication Law, cause to be prepared such rules and regulations as are required for: (a) the regulation of th…

(a) Occupational Therapists. In addition to qualifications established by the Guam Board of Allied Health Examiners pursuant to § 12700 of this Article, any person representing himself or herself as an occupational therapist shall meet all of the following requirements: (1) be a …

(a) Title. This Act may be cited or referred to as “The Guam Allied Health Practice Act of 1998.” (b) Purpose. The primary purpose of this Act is to protect the public against unprofessional, improper, incompetent, unlawful, fraudulent or deceptive practices by persons who practi…

(a) Professions. For purposes of this Act, the following allied health professions shall be licensed under the Guam Board of Allied Health Examiners: (1) “Acupuncture” and “Oriental Medicine” shall mean the science and art of examination and diagnosis based on traditional orienta…

(a) Creation. There is established, in and for the government of Guam, a Guam Board of Allied Health Examiners, composed of a representative from each of the professions being examined for licensure nominated and appointed by I Maga’hågan/Maga’låhen Guåhan, with the advice and co…

(a) Notice Requirement. Public notice shall be given at least one hundred and twenty (120) days prior to the examination. Applicants for licensure by examination must submit application to the Board at least sixty (60) days prior to the scheduled examination. The Board may hold e…

(a) Information Requirement. Any Board furnished applications, official transcripts from post- secondary educational institutions, or other documentation as required by the Board, including examination results and test scores administered by professional associations and institut…

Each applicant shall be responsible for the following: (a) correspondence or communication with the Board; (b) submission of all required documents; (c) periodically contacting the Board concerning the status of the application; (d) informing the Board in writing of intent to wit…

All practitioners must, upon receipt of license, conspicuously display their licenses in all offices where they regularly practice.

(a) All licenses shall expire biennially on December 31st of each even numbered year, and may be renewed upon payment of a renewal fee and completion of continuing education requirements as stated in these rules and regulations. The Board staff shall, no later than September 1st …

(a) Except as provided elsewhere in this Article or by rules and regulations adopted by the Board for a specific profession, a minimum of thirty (30) credit hours of continuing education within each two (2) year licensure period is required of each licensee to qualify for a renew…

The Board may deny licensure to an applicant or revoke a license from a licensee for reasons including, but not limited to, the following: (a) fraud, bribery or misrepresentation in the application or procurement of a license or the periodic re-registration of a license; (b) chea…

A licensee shall neither act, nor aid or abet another to act, in any manner which is reprehensible, immoral, illegal, against the public interest, policy or safety, or which tends to degrade, destroy or bring discredit upon the licensee, the community or the profession. The follo…

(a) Discipline of Licensee. Upon receiving a written complaint against any licensee, the Board shall conduct an investigation and provide the licensee due notice and hearing in accordance with the provisions of the Administrative Adjudication Law. (b) Penalties. When the Board fi…

Any person who practices a healing art profession without an appropriate current valid license, as regulated by this Board, shall be guilty of a misdemeanor upon the first offense and guilty of a felony for second and subsequent offenses. No person without a current valid license…

(a) The Board, Commission, or any person affected may petition the court having jurisdiction for injunctions to prevent violations of the provisions of any applicable statute or rule; the court is empowered to grant a cease and desist order regardless of whether criminal prosecut…

(a) Privileged Communications. No licensee or licensee’s employee or agent may disclose any information acquired from a patient being consulted in his or her professional capacity, except: (1) in the event the licensee, his or her employee or agent reasonably suspects an act or a…

(a) Professional Signs. Signs shall designate the name of the professional office where a licensee is engaged in the practice of the profession. Signs may contain the name of the practitioner, earned degree or degrees, or the name of a specialty you are limited, if limited to a s…

(a) No disciplinary action may be commenced until the licensee or firm involved has been given thirty (30) days written notice of the Board’s evaluation of the advertisement. This notice must include a copy of the applicable portions of these rules and regulations, describe the p…

The Board shall meet regularly at a time and place decided by the Board, or as decided by the Chairperson. A special meeting may be called at the discretion of the Chairperson. All meetings, whether regular or special, shall be announced and notice thereof given in accordance wit…

(a) The Board shall be fully supported by the revenues generated from its activities, including fees, charges, fines, and reimbursed costs. All such revenues, including accrued interest, shall be deposited to the “Guam Board of Allied Health Examiners Revolving Fund.” The Guam Bo…

(a) Range of Actions. The range of disciplinary actions available to the Board includes, but not limited to, the following: (1) revocation of the Allied Health license; (2) suspension of the Allied Health license; (3) probation; (4) stipulations, limitations, restrictions and con…

(a) Board Authority. The Board shall be empowered to commence legal action to enforce the provisions of the Allied Health Practice Act and to exercise full discretion and authority with respect to disciplinary actions. (b) Separation of Functions. In the exercise of its power, th…

(a) Any person shall be permitted to report to the Board in writing information he or she has reason to believe indicates an allied health licensee is, or may be, professionally incompetent, guilty of unprofessional conduct or mentally or physically unable to engage safely in the…

(a) It shall be declared unlawful for any person, corporation or association to perform any act constituting the practice of an allied health profession as defined in the Allied Health Practice Act without first obtaining a license in accordance with that Act and the rules and re…

(a) At the time of renewal of licensure, the Board shall require the licensee to demonstrate to its satisfaction his or her continuing qualification for licensure. The application form for license re-registration shall be designed to require the licensee to update and/or add to t…

(a) The Board shall be authorized to adopt and enforce rules and regulations to carry into effect the provisions of the Allied Health Practice Act and to fulfill its duties under this Act. (b) The Board shall adopt rules and regulations in accordance with Administrative Adjudicat…

(a) There is created, separate and apart from other funds of the government of Guam, a fund known as the Guam Board of Allied Health Examiners Revolving Fund (Fund) specifically for use by the Board in the administration and enforcement of this Article. All revenues from whatever…

(a) A clinical psychologist may be authorized to administer, prescribe, and dispense licensed drugs or class of drugs, within their education, training, and competence as determined by the Board. Ordering laboratory tests for purposes of diagnosis and monitoring therapeutic level…

(a) “Acupuncture and Oriental Medicine” means the science and art of examination and diagnosis based on traditional oriental medicine, and treatment of symptoms and diseases by the insertion of needles into the respective three hundred sixty-five (365) major trigger points of twe…

(a) In addition to the requirements set forth by the Board and in this Article, an applicant for a license to practice acupuncture and oriental medicine must have: (1) successfully completed a master’s or doctorate degree program, or its equivalent, program of study in acupunctur…

Cancelled Examinations; Reexamination; Regulations. (a) Each applicant for a license to practice acupuncture and oriental medicine must successfully pass: (1) an examination in acupuncture and oriental medicine that is administered by a national organization approved by the Board…

(a) No person shall practice acupuncture and oriental medicine on Guam, either gratuitously or for pay or shall offer to practice, or shall hold themselves out to the public, advertise, declare, represent or in any way proclaim to practice acupuncture and oriental medicine, or us…

An acupuncturist license authorizes the holder to the following: (a) to engage in the practice of acupuncture; and (b) to perform the use of Oriental massage, breathing techniques, exercise or nutrition, including the incorporation of drugless substances or herbal products as die…

Any practitioner of acupuncture and oriental medicine licensed under the provisions of this Article shall use only sterilized disposable needles. The Board member representing acupuncture and oriental medicine, or the Board’s authorized agent or representative, shall periodically…

(a) Any person who violates any of the provisions of this Article 9 or the regulations adopted pursuant thereto is guilty of a misdemeanor upon a first conviction. (b) Any person who knowingly and willfully violates any of the provisions of this Article or the regulations adopted…

For purposes of this Article, the following words and phrases shall have the meanings assigned to them: (a) “Practice of school psychology” means the rendering or offering to render to pupils or students services related to learning, educational, and adjustment needs, including b…

An applicant for licensure as a school psychologist must: (a) Hold a doctoral or master’s degree in School Psychology, Educational Psychology, Clinical Psychology, Counseling Psychology, or hold an Education Specialist (Ed.S.) in School Psychology from a regionally accredited ins…

(a) The practice of school psychology under this Article shall be limited to educational and school- based psychological services, including assessment, consultation, behavioral intervention, counseling related to educational performance, crisis response, prevention, and other se…

A person licensed under this Article may use the title “School Psychologist” or “Licensed School Psychologist.” Nothing in this Article shall authorize a person licensed solely under this Article to represent themselves as a “Clinical Psychologist” or otherwise engage in represen…

(a) A licensed school psychologist who identifies a pupil or student exhibiting severe psychiatric, psychological, emotional, or behavioral health conditions beyond the educational and school-based scope of practice authorized under this Article shall make appropriate referrals t…

All persons who hold a position of district school psychologist, school psychologist, or lead school psychologist with the Guam Department of Education at the time this Article becomes law shall be deemed to hold a current, valid license issued by the Guam Board of Allied Health …

As used in this Chapter: (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 advertised, offered, maintained or operated for the expre…

No nursing home shall operate except under the supervision of a nursing home administrator, and no person shall be a nursing home administrator unless he is the holder of a sufficient nursing home administrator's license issued pursuant to this Chapter. SOURCE: GC § 27930.2. COL1…

Administrators. The Commission on Licensure shall license nursing home administrators in accordance with rules and regulations issued and, from time to time revised by it. A nursing home administrator's license shall be nontransferable and shall be valid for two (2) years or unti…

In order to be eligible for a license pursuant to this Chapter, a person shall: (1) Be not less than twenty-one (21) years of age, of good moral character and physically and emotionally capable of administering a nursing home. (2) Have satisfactorily completed a course of instruc…