Title 10 — Health and Safety

(a) The Board shall administer examinations for a license as an esthetician during a Board meeting duly held for the purpose of administering examinations to applicants who have made the proper application for such a license and who: (1) is not less than eighteen (18) years of ag…

Instructors. The Board shall admit to examination for license as a cosmetology or barbering instructor any person who has made an application to the Board in the proper form, who has paid the fee required by this Chapter, and who meets the following qualifications: (a) is not les…

(a) A Guest Educator may provide instruction with the supervision of the instructor of record, and is responsible for performing teaching-related duties to assist faculty members of the school of cosmetology. Duties may include preparation of instructional materials, proctoring o…

(a) The Board may issue a certificate as a barber, barber- stylist, esthetician, electrologist, or nail technician apprentice in barbering or cosmetology to any person who has made application to the Board, has paid the appropriate fee required by this Chapter, and who is qualifi…

(a) All licenses issued by the Board shall expire on the individual’s birth date next following the date of appropriate application and issuance, and renewed every two (2) years by payment of fees approved by the Board. (b) No person holding a license as an apprentice shall work …

The Board shall promulgate rules and regulations in accordance with the Administrative Adjudication Law within one hundred eighty (180) days upon the enactment of this Act to address universal precautions guidelines, which shall include, but not be limited to: (a) cleanliness and…

(a) The Board shall promulgate rules and regulations to charge fees for examination, licensure, and renewal of licensure and penalties, as appropriate, in accordance with the Administrative Adjudication Law. (b) The Board shall review and amend the rules and regulations for adjus…

The fees generated by the implementation of § 18115.1 (h) shall be deposited into the Health Professional Licensure Fund for use by the Barbering and Cosmetology Board to defray the cost of obtaining standardized examination materials and services for barbering and cosmetology li…

(a) The Board shall issue a license for a cosmetological establishment during a Board meeting duly held for the purpose of issuing licenses for cosmetological establishments for applicants who have made the proper applications for such license and who have qualified as follows: (…

(a) A cosmetological multiple location business is a business engaged in the practice of cosmetology at more than one (1) location, using the same business name at such locations, wherein cosmetology or any branch of cosmetology is practiced. A licensed cosmetologist must be on d…

Personnel. (a) It is unlawful for any person, firm, or corporation to hire, employ, or allow to be employed, or permit to work, in or about an establishment, any person who performs, or practices any occupation regulated under this Chapter and is not duly licensed by the Board. (…

(a) The Board shall issue a license for a school during a Board meeting duly held for the purpose of issuing licenses for schools for applicants who have made the proper applications for such license and who have qualified as follows: (1) pay the required fee as approved by the B…

Prior to enrollment in a school’s instructor training course, students must have: (a) graduated from high school or have received an equivalency certificate; (b) must have obtained a Guam cosmetology, or related field license; and (c) must have practiced cosmetology, or related f…

Within ten (10) days of the enrollment date of a student instructor, the school shall provide the Board with an enrollment report, which shall include the following information: (a) the name and address of the school; (b) the name and address of the student instructor; (c) the da…

Instructor – Instructor May Become Licensed as a Cosmetologist – Inactive Status. (a) (1) To maintain an active instructor license in cosmetology, esthetics, electrology, barbering or manicuring, an instructor shall every two (2) years submit to the Board satisfactory proof that …

(a) To renew a cosmetology license, a licensee must complete a total of six (6) hours of Board approved continuing education. (b) To renew a manicurist license, a licensee must complete a total of six (6) hours of Board approved continuing education. (c) To renew an esthetician l…

(a) Any employee of the Department or member of the Board, its agents or assistants, may enter into and inspect any school, salon, spa, esthetic salon or barber shop at any time during business hours. (b) Information. Any information gained by an inspector of the Department or th…

(a) No establishment or school shall have on the premises any razor-edged, also known as a credo blade, or other sharp-edged device or tool, which is designed to remove calluses. (b) No establishment or school shall have on the premises any needle-like instrument, which is used f…

(a) Agreement. A copy of the executed agreement between the salon owner and the cosmetologist shall be submitted to the Board at the time of application for a booth rental permit. (b) Form. The Board will furnish a contractual agreement form for a nominal fee. In the event an agr…

(a) If the Board is unable to ascertain from documents submitted by the applicant that the applicant is eligible for examination or licensure, the Board may require the applicant to provide additional documentation or information deemed by the Board as necessary to make that deci…

Community Service. Schools are permitted, but not required, to offer to their students an opportunity to earn credit hours for cosmetology- related field trips, seminars, workshops, shows, and community service, as follows: (a) up to forty (40) hours for cosmetology students; (b)…

The Board may revoke, suspend or deny at any time any license required by this Chapter on any of the grounds for disciplinary action provided in this Section. The grounds for disciplinary action are as follows: (a) failure of a person, firm or corporation operating an establishme…

(a) The license shall prominently state that the holder is licensed as a barber, cosmetologist, esthetician, manicurist, electrologist, or cosmetology instructor, and shall contain a photograph of the licensee. The Board shall establish the method(s) as it deems appropriate for u…

Upon submitting the required documents for application for examination, an applicant shall be entitled to take the examination and receive an apprentice license. (a) An applicant who fails an examination shall be required to retake the entire phase of the examination failed. (b) …

(a) The Department shall employ and fix the duties and remuneration of inspectors, clerical or administrative assistants as deemed necessary to implement this Chapter or the Rules of the Board. (b) Board members shall receive per diem and mileage allowance, as allowed to governme…

All persons shall, prior to the revocation or suspension of a license for any of the causes outlined in this Chapter, be given notice of an opportunity for hearing in conformity with the provisions of the Administrative Adjudication Law.

Any person who practices cosmetology, electrology, esthetician or skin care, barbering or manicuring, or maintains a school or cosmetological establishment without a license as provided by this Chapter shall be guilty of a misdemeanor and shall be fined as outlined in the rules a…

No member of the Board of Cosmetology shall be liable in any civil action for damages for any act or omission in good faith in performing the functions of that person’s office.

All provisions of this Chapter shall become effective upon enactment of this Act.

If any provision of this Law or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Law which can be given effect without the invalid provisions or application, and to t…

This Chapter may be cited as the “Islan Guåhan Emergency Health Powers Act.”

[The Guam Legislature] finds that: (a) the government must do more to protect the health, safety and general well being of its citizens; (b) new and emerging dangers, including emergent and resurgent infectious diseases and incidents of civilian mass casualties, pose serious and …

The purposes of this Chapter are: (a) to require the development of a comprehensive plan to provide for a coordinated, appropriate response in the event of a public health emergency; (b) to authorize the reporting and collection of data and records, the management of property, th…

(a) “Bioterrorism” is the intentional use of any micro- organism, virus, infectious substance or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance or…

I Maga’låhen Guåhan [The Governor] shall appoint a Public Health Emergency Planning Commission (“Commission”), consisting of the government of Guam directors, or their designees, of agencies I Maga=låhen Guåhan [The Governor deems relevant to public health emergency preparedness,…

(a) Content. The Commission shall, within six (6) months of its appointment, deliver to I Maga=låhen Guåhan [The Governor] a plan for responding to a public health emergency, that includes provisions or guidelines on the following: (1) notifying and communicating with the populat…

(a) Illness or Health Condition. A health care provider, coroner, or medical examiner shall report all cases of persons who harbor any illness or health condition that may be potential causes of a public health emergency. Reportable illnesses and health conditions include, but ar…

The public health authority shall ascertain the existence of cases of an illness or health condition that may be potential causes of a public health emergency; investigate all such cases for sources of infection and to ensure that they are subject to proper control measures; and …

(a) Whenever the public safety authority or other government of Guam agency learns of a case of a reportable illness or health condition, an unusual cluster, or a suspicious event that may be the cause of a public health emergency, it shall immediately notify the public health au…

A state of public health emergency may be declared by I Maga=låhen Guåhan [The Governor] upon the occurrence of a ‘public health emergency,’ as defined in § 19104(m). Prior to such a declaration, I Maga=låhen Guåhan [The Governor] shall consult with the public health authority an…

A state of public health emergency shall be declared by an executive order that specifies: (a) the nature of the public health emergency; (b) the geographic area(s) applicable to the declaration; (c) the conditions that have brought about the public health emergency; (d) the dura…

The declaration of a state of public health emergency shall activate the disaster response and recovery aspects of the government of Guam. Such declaration authorizes the deployment and use of any forces to which the plans apply and the use or distribution of any supplies, equipm…

During a state of public health emergency, the public health authority may request assistance in enforcing orders pursuant to this Chapter from the public safety authority. The public safety authority may request assistance from the organized militia in enforcing the orders of th…

(a) Executive Order. I Maga=låhen Guåhan [The Governor] shall terminate the declaration of a state of public health emergency by executive order upon finding that the occurrence of an illness or health condition that caused the emergency no longer poses a high probability of a la…

Materials. The public health authority may exercise, for such period as the state of public health emergency exists, the following powers over facilities or materials: (a) Facilities. To close, direct and compel the evacuation of, or to decontaminate or cause to be decontaminated…

Generally. The public health authority may exercise, for such period as the state of public health emergency exists, the following powers concerning facilities, materials, roads or public areas: (a) Use of Materials and Facilities. To procure, by condemnation or otherwise, constr…

The public health authority may exercise, for such period as the state of public health emergency exists, the following powers regarding the safe disposal of infectious waste. (a) Adopt Measures. To adopt and enforce measures to provide for the safe disposal of infectious waste a…

The public health authority may exercise, for such period as the state of public health emergency exists, the following powers regarding the safe disposal of human remains. (a) Adopt Measures. To adopt and enforce measures to provide for the safe disposal of human remains as may …

(a) Procurement. The public health authority may purchase and distribute anti-toxins, serums, vaccines, immunizing agents, antibiotics and other pharmaceutical agents or medical supplies that it deems advisable in the interest of preparing for, or controlling, a public health eme…

The government of Guam shall pay just compensation to the owner of any facilities or materials that are lawfully taken or appropriated by a public health authority for its temporary or permanent use under this Article according to the procedures and standards set forth in § 19805…