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Terms Used In 10 Guam Code Ann. § 12208

  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(a) To be eligible for limited licensure, the applicant should have completed all the requirements for full and unrestricted medical licensure, except postgraduate training or specific examination requirements.

(b) (1) The application for limited licensure shall be made directly to the Board in the jurisdiction where the applicant’s postgraduate training is to take place.

(2) The institution supervising the applicant’s postgraduate training program director shall have established procedures whereby the status of an applicant’s limited license is verified prior to acceptance into a postgraduate training program, and such acceptance shall be made only after an applicant demonstrates that he or she holds a limited license issued by the Board specifically for the purpose of postgraduate training.

(c) The Board shall be directed to establish by regulation restrictions for the limited license to assure that the holder will practice only under appropriate supervision and at locations acceptable to the Board.

(d) The limited license shall be renewable annually with the approval of the Board and upon the written recommendation of the supervising institution, including a written evaluation of performance, until such time as Board regulations require the achievement of full and unrestricted medical licensure.

(e) (1) The program directors responsible for postgraduate training shall report to the Board, in writing, any disciplinary actions taken against an individual with a limited license.

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(2) They shall also report to the Board, in writing, any individual who has not been advanced in the program or who has been dropped from the program for performance or ethical reasons.

(3) Directors of postgraduate training programs should also be required to submit an annual written report to the Board on all individuals enrolled in their programs.

(A) This annual report shall include any disciplinary actions taken against, or restrictions placed upon, any individual in the program.

(B) The report shall also include the reason(s) for any individual’s failure to advance in the program, as well as a full explanation of any individual’s absence from the program of fourteen (14) days or more.

(C) Failure to submit such a report to the Board shall be considered a violation of the mandatory reporting provisions of the Medical Practice Act, and shall be grounds to initiate such disciplinary action as the Board deems appropriate, including fines levied against the supervising institution and suspension of the program director’s medical license.

(f) The disciplinary provisions of the Physicians Practice Act shall apply to the holders of the limited license as if they held full and unrestricted medical licensure.

(g) The issuance of a limited license shall not be construed to imply that a full and unrestricted medical license will be issued at any future date.

(h) The Board may issue a visiting physician temporary permit to practice medicine to an applicant who intends to practice under the supervision of a licensed Guam physician, excluding training in postgraduate training programs:

(1) for educational purposes;

(2) to practice charity care to underserved populations in Guam; provided, that the supervising physician or visiting physician may not impose fees or receive compensation for

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the care they provide, as further defined in 7 GCA § 16102(e);

(3) in cases of declared emergency disasters;

(4) for the provision of forensic psychiatric examinations related to criminal matters; or

(5) for the provision of charitable specialized medical care for which the applying physician has demonstrated good cause for the issuance of the permit.

(6) A visiting physician must not have a medical license that is under restriction, disciplinary order, or probation in another state, territory, or country.

(7) A visiting physician must be supervised by a physician who:

(A) has an unrestricted license in Guam;

(B) has not been the subject of a disciplinary order, unless the order was administrative in nature; and

(C) takes responsibility for the visiting physician during his/her stay in Guam, and must remain the patient’s primary physician.

(8) A visiting physician must present written verification from the physician who will be supervising the applicant that the physician will provide continuous supervision of the applicant. Constant physical presence of the physician is not required, but the physician must remain readily available.

(9) A visiting physician must present written verification from the supervising physician as to the purpose for the requested permit.

(10) A visiting physician may not maintain an office in Guam, or appoint a place in Guam for seeing, examining or treating a patient, or any other activity that the Board designates as exempt from the application.

(11) Except in emergency cases, a visiting physician temporary permit application must be submitted no later than

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sixty (60) days prior to the visiting physician entering Guam. Applications not adjudicated by the Health Professional Licensing Office by the sixty-first (61st) day following submission shall automatically be approved.

(12) Visiting physician temporary permits shall be valid for no more than ten (10) working days, and for a specified locale and purpose. The Board may extend the length of the temporary permit for up to an additional ten (10) days if the applicant shows good cause for why the extended time is needed.

(13) Due to the charitable and emergency nature of the service, there shall be no fee assessed for the visiting physician temporary permit.

(14) Liability protection for the charitable and uncompensated care provided by the visiting physician is provided for in 7 Guam Code Ann., Chapter 16 (Volunteer Liability Protection).

SOURCE: Added by P.L. 24-208:3 (May 13, 1998). Subsection (h)
added by P.L. 34-074:2 (Feb. 9, 2018).

2018 NOTE: Section 3 of P.L. 34-074 states the following:

The GBME shall promulgate rules to implement the provisions of this Act within ninety (90) days of enactment.

Subsection/subitem designations altered/added pursuant to the authority granted by 1 Guam Code Ann. § 1606.

NOTE: This section was originally entitled, “”Preservation of Documents.”” Added by P.L. 15-123:10 (Dec. 29, 1982) as GC § 27107, codified as 10 Guam Code Ann. 10 Guam Code Ann. § 12208, repealed by P.L. 24-208:1 (May 13,
1998).