10 Guam Code Ann. § 12417
Terms Used In 10 Guam Code Ann. § 12417
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1) Conviction of any felony for which the court could impose a sentence of imprisonment in a penal institution. The record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction was entered, is conclusive evidence of the conviction;
(2) Renting or loaning to any person his license or diploma to be used as a license or diploma of such person; and
(3) Unprofessional conduct, or for gross ignorance, incompetence or inefficiency in the practice of dentistry.
(b) Unprofessional conduct as used in this Article includes but is not limited to the following:
(1) Obtaining any fee by fraud or misrepresentation;
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(2) Wilfully betraying confidences involved in the patient-dentist relationship;
(3) Employing, aiding, abetting or permitting any unlicensed person to practice dentistry;
(4) Making use of any statements of a character tending to deceive or mislead the public, or which are untruthful;
(5) Statements claiming professional superiority or the performance of professional services in a superior manner;
(6) Advertising to guarantee any dental service, or to perform any dental operation painlessly;
(7) Mental incompetence;
(8) Advanced physical disability impairing the licensee’s ability to carry out his functions;
(9) Personal habitual or excessive use of intoxicants or controlled substances; and
(10) Prescribing or dispensing drugs not in the scope of dentistry.
(c) The proceedings under this Section may be taken by the Board from the matters within its knowledge, or may be taken upon the information of another, but if the informant is a member of the Board, the other members of the Board shall constitute the Board for the purpose of hearing the charges.
(d) In determining what constitutes ‘gross ignorance, incompetence or inefficiency in his profession’ within the meaning of Paragraph (3) of Subsection (a) of this Section, the Board may take into account all relevant factors and practices, including but not limited to the practices generally and currently followed and accepted by persons licensed to practice dentistry in Guam, the current teachings at accredited dental schools, relevant technical reports published in recognized dental journals and the desirability of reasonable experimentation in the furtherance of the dental arts.
(e) In disciplining a person as authorized by Subsection (a)
of this Section, the Board may:
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(1) place him on probation;
(2) suspend his license to practice dentistry in Guam; (3) revoke his license to practice dentistry in Guam;
(4) place limitations on his license to practice dentistry in Guam; or
(5) refuse to renew his license to practice dentistry in
Guam; or
(6) take such other disciplinary action as the Board in its discretion finds proper, including assessment of the costs of the disciplinary proceedings.
(f) If the Board places any person upon probation as set forth in Paragraph (1) of Subsection (e) of this Section, the Board may determine and may at any time modify the conditions of the probation and may include among them any reasonable condition for the purpose of protection of the public and for the purpose of the rehabilitation of the probationer or both. Upon expiration of the term of probation, further proceedings shall be abated by the Board if the holder of the license furnishes the Board with evidence that he is competent to practice dentistry, and has complied with the terms of probation. If such evidence fails to establish to the satisfaction of the Board that the person is competent, or if such evidence shows that he has not complied with the terms of the probation, the Board may revoke or suspend the license.
(g) If a license to practice dentistry in Guam is suspended, the holder of the license may not practice during the term of suspension. Upon the expiration of the term of suspension, the license shall be reinstated by the Board if the licensee furnishes the Board evidence on the basis of which the Board finds that he is competent to practice dentistry, and that he has not practiced dentistry in Guam during the term of suspension. If such evidence fails to establish to the satisfaction of the Board that the holder is competent, or if any evidence shows he has practiced dentistry in Guam during the term of suspension, the Board may revoke the license after notice and hearing.
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2022 NOTE: References to “”Territory”” replaced with “”Guam”” pursuant to
1 Guam Code Ann. § 420.