10 Guam Code Ann. § 12206
Terms Used In 10 Guam Code Ann. § 12206
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) Such applicants shall be eligible by virtue of their medical education and training for unrestricted licensure or authorization to practice medicine in the country in which they received that education and training.
(c) Such applicants shall have passed an examination acceptable to the Board that adequately assesses the applicants’ basic medical knowledge.
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(d) Such applicants shall be certified by the Educational Commission for Foreign Medical Graduates or its Board-approved successor(s), or by an equivalent Board-approved entity.
(e) Such applicants shall have a demonstrated command of the English or Chamorro language satisfactory to the Board.
(f) The Board shall be authorized to establish regulations requiring all such applicants to satisfactorily complete at least thirty-six (36) months of Board approved, progressive postgraduate medical training.
(g) All credentials, diplomas and other required documentation in a foreign language submitted to the Board by or on behalf of such applicants shall be accompanied by notarized English translations acceptable to the Board.
(h) Such applicants shall have satisfied all of the applicable requirements of the United States Immigration and Naturalization Service.
§ 12207. Licensure by Endorsement and Temporary and
Special Licensure.
(a) Licensure Without Examination. The Board is authorized, at its discretion, to issue a license by endorsement to an applicant who:
(1) has complied with all current medical licensing requirements save that for examination;
(2) has passed a medical licensing examination given in English in another state, the District of Columbia, a territory or possession of the United States or Canada, provided the Board determines that examination was equivalent to its own current examination;
(3) has a valid current medical license in another state, the District of Columbia, a territory or possession of the United States or Canada; and
(4) Required to take SPEX if last examination was taken more than ten (10) years ago.
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(b) Endorsement for Certified Applicants: The Board is authorized, at its discretion, to issue a license by endorsement to an applicant who:
(1) has complied with all current medical licensing requirements save that for examination; and
(2) has passed the examination of and been certified by a certifying agency recognized by the Board (e.g., the National Board of Medical Examiners or the National Board of Examiners for Osteopathic Physicians and Surgeons), provided the Board determines that examination was equivalent to its own current examination and was not a specialty board examination.
(c) Endorsement Examination: Notwithstanding any other provisions of the act, the Board is authorized to require applicants for full and unrestricted medical licensure by endorsement who have not been formally tested by a United States or Canadian medical licensing jurisdiction, a Board-approved medical certifying agency or a Board-approved medical specialty board within a specific period of time before application (e.g. eight (8) or ten (10) years to pass a written and/or oral medical examination approved by the Board for that purpose.)
(d) Temporary Licensure. The Board is authorized to establish regulations for issuance of a temporary medical license for the intervals between Board meetings. Such a license should:
(1) be granted only to an applicant demonstrably qualified for a full and unrestricted medical license under the requirements set by the Medical Practice Act and the regulations of the Board; and
(2) automatically terminate on the date of the next Board meeting at which the holder could be considered for a full and unrestricted medical license.
(e) Special Purpose License to Practice Medicine Across Guam/State Lines. The Board is authorized, at its discretion, to issue a special purpose license to practice medicine across Guam lines to an applicant who:
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(1) holds a full and unrestricted license to practice in at least one (1) other state or United States jurisdiction;
(2) has not had previous disciplinary or other action taken against him or her by any state or jurisdiction; and
(3) must be at least qualified to be licensed in Guam. Exceptions to the special purpose license to practice medicine across Guam lines include the following:
(A) the practice of medicine across state lines by a licensed physician on an irregular or infrequent basis, provided such practice occurs less than once a week or involves less than one percent (1%) of the physician’s diagnostic or therapeutic practice;
(B) the informal practice of medicine by a licensed physician is without compensation or expectation of compensation. (The practice of medicine conducted within the parameters of a contractual relationship shall not be considered informal and shall be subject to regulation by the Guam Board of Medical Examiners.);
(C) physician specialist, or field of authority is not available locally; and
(D) the practice of medicine in terms of diagnosis and treatment of a patient is under the responsibility of a locally licensed physician.
(f) Special Licensure. The Board is authorized to issue conditional, restricted or otherwise circumscribed licenses as it determines necessary.
(g) Military Limited Volunteer Medical License.
(1) A physician who practices medicine on Guam under a license issued pursuant to this Subsection may only practice at the Department of Public Health and Social Services, the Guam Memorial Hospital Authority, the Community Health Centers, or a clinic or outreach event that primarily provides services for indigent populations, and the physician shall not receive direct or indirect compensation or payment of
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anything of monetary value in exchange for the medical services rendered by the physician to the indigent patients.
(2) The Board is authorized to issue a Military Limited
Volunteer Medical License to an applicant who:
(A) is licensed and in good standing as a physician in another state;
(B) maintains credentials within the military credentialing system and authorizes the Guam-based Military Credentialing Office to provide to the Guam Board of Medical Examiners the required verification documents and military commander’s approval; and
(C) agrees to be subject to Board rules and regulations, including those regarding disciplinary action, license registration and renewal, and continuing medical education, throughout the duration of the Military Limited Volunteer Medical licensure.
(3) A Military Limited Volunteer Medical License shall be issued
(A) at no charge to the applicant,
(B) be valid for a period of two (2) years, and
(C) may be renewed and maintained according to registration requirements as prescribed by the Board.
(4) The license shall be in effect upon receipt of the application packet by the Guam Board of Medical Examiners subject to final review. This presumptive eligibility for licensure is contingent upon
(A) the appropriate military commander’s authorization allowing the physician to practice in the community, and
(B) the appropriate collaborative sharing of information between the Military Credentialing Office and the Guam Board of Medical Examiners.
SOURCE: Added by P.L. 24-208:2 (May 13, 2008). Subsection (g) added by P.L. 34-126:2 (Oct. 17, 2018).
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2018 NOTE: This section was originally entitled “”Examination Facilities,”” as repealed and reenacted by P.L. 16-123:9 (Dec. 28, 1982. Repealed by P.L. 24-208:1 (May 13, 2008).
Subsection designations added/altered pursuant to the authority granted by
1 Guam Code Ann. § 1606.
2011 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections (e)(3) beginning with “”numbers”” to “”Uppercase letters.””