10 Guam Code Ann. § 12213
Terms Used In 10 Guam Code Ann. § 12213
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Indemnity. If a current or former member, officer, administrator, staff member, committee member, examiner, representative, agent, employee, consultant, or any other person serving or having served the Board requests the government of Guam to defend him or her against any claim or action arising out of any act, omission, proceeding, conduct or decision related to his or her duties undertaken or performed in good faith and within the scope of the function of the Board, and if such a request is made in writing at a reasonable time before trial, and if the person requesting defense cooperates in good faith in the defense of the claim or action, the government of Guam shall provide and pay for such defense and shall pay any resulting judgment, compromise or settlement.
(c) Protected Communication.
(1) Every communication made by or on behalf of any person, institution, agency, or organization to the Board or to any person(s) designated by the Board relating to an investigation or the initiation of an investigation, whether by way of report, complaint or statement, shall be privileged. No action or proceeding, civil or criminal, shall be permitted against any such person, institution, agency or organization by whom or on whose behalf such a communication was made in good faith.
(2) The protections afforded in this provision shall not be construed as prohibiting a respondent, or his or her legal counsel, from exercising the respondent’s Constitutional right of due process under the law.
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10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES
§ 12214. Unlawful Practice of Medicine: Violations and
Penalties.
(a) It shall be declared unlawful for any person, corporation or association to perform any act constituting the practice of medicine as defined in the Medical Practice Act without first obtaining a medical license in accordance with that Act and the rules and regulations of the Board.
(b) The Board shall be authorized to issue a cease and desist order and/or obtain injunctive relief against the unlawful practice of medicine by any person, corporation or association.
(c) Any person, corporation or association performing any act constituting the practice of medicine, as defined in the Medical Practice Act or causing or aiding and abetting such action, shall be deemed guilty of a felonious offense.
(d) A physician located in another state practicing within the state by electronic or other means without a license, full, special purpose or otherwise, issued by the Board shall be deemed guilty of a felonious offense.