10 Guam Code Ann. § 12803
Terms Used In 10 Guam Code Ann. § 12803
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- Quorum: The number of legislators that must be present to do business.
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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The term of appointment shall be for a period of three (3) years, at the end of which I Maga’lahen Guåhan shall either reappoint the member or nominate and appoint a new member, either of which case shall be with the advice and consent of I Liheslaturan Guåhan.
(b) Requirement. The members of the Board shall have practiced in their respective disciplines for at least five (5) consecutive years immediately preceding the appointment. All members shall be citizens or permanent residents of the United States who have resided in Guam for at least five (5) consecutive years immediately preceding the appointment. The members of the Board sitting as of the date of enactment of this Act who meet the requirements and limitations placed upon membership by this Act shall remain in office until the expiration of their respective terms. When a vacancy occurs, I Maga’lahen Guåhan shall appoint a new member within sixty (60) days of the commencement of the vacancy, with the advice and consent of I Liheslaturan Guåhan.
Members of the Board shall receive a stipend and be compensated in the amount of Fifty Dollars ($50.00) for attending a Board meeting, not to exceed One Hundred Dollars ($100.00) per month.
(c) Powers and Responsibilities. The Guam Board of Allied Health Examiners, within the context of this act and the requirements of due process, shall have the following powers and responsibilities:
(1) promulgate rules and regulations; (2) develop and adopt its budget;
(3) evaluate education and training of applicants; (4) select and administer licensing examination(s);
(5) evaluate previous professional performance of applicants;
(6) issue or deny initial licenses;
(7) approve or deny applications for license renewal;
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(8) receive, review, and investigate reports and complaints received from law enforcement agencies, health care organizations, governmental agencies, insurers and other entities having information pertinent to the professional performance of licensees;
(9) discipline licensees found in violation of the Allied
Health Practice Act;
(10) issue subpoenas, subpoenas duces tecum, administer oaths, receive testimony and conduct hearings;
(11) institute actions in its own name and enjoin violators of the Allied Health Practice Act;
(12) establish appropriate fees and charges to include support of active and effective pursuit of its legal respon- sibilities;
(13) expand the allied health licensing process to include other allied health professions not having separate Board of Examiners enacted by I Liheslaturan Guahan, and inform I Maga’lahen Guahan of the need to appoint a Board member to represent the Board enacted profession;
(14) contract consultant(s) for special needs of the Board in the investigation of complaints, monitoring of a licensed person in terms of violation of this Act, and other monitoring/investigation that requires specialized skills which the Board is unable to obtain from the services of other government agencies; and
(15) conduct Board meetings. A quorum must be present to conduct a board meeting. The vote of the majority present shall constitute an official action of the Board. A quorum consists of a majority of the whole number of appointed members of the Board as of the time of the meeting. The majority vote shall consist of half of the vote plus one (1) of those members present.
(d) Immunity. There should be no liability, monetary or otherwise on the part of, and no cause of action for damages should arise against any current or former member, officer, administrator, staff member, committee member, examiner,
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representative, agent, employee, consultant, witness or any other person serving or having served the Board, either as a part of the Board’s operation or as an individual, as a result 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.
(e) 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 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 should provide and pay for such defense, and should pay any resulting judgment, compromise or settlement.
(f) 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.
(g) Removal. A member of the Board should be subject to removal only when he or she:
(1) ceases to be a licensed allied health professional;
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(2) is found guilty of a felony by a court of competent jurisdiction;
(3) is found guilty of malfeasance, misfeasance or nonfeasance in relation to his or her Board duties by a court of competent jurisdiction;
(4) is found mentally incompetent by a court of competent jurisdiction;
(5) fails to attend three (3) successive Board meetings without just cause, as determined by the Board, or missed fifty percent (50%) or more of Board meetings per year;
(6) is found in violation of the Allied Health Practice
Act; or
(7) terminated by the I Maga’lahen Guåhan.
(h) Residency of Board Members. All members of the Board should hold full licenses in Guam, should be persons of recognized professional ability and integrity, and should have resided in Guam at least five (5) years and practiced in the jurisdiction long enough to have become familiar with policies and practice in the jurisdiction.
(i) Committee; Legal Counsel and Staff. The Board should be authorized to appoint committees from its membership and employ an executive secretary or director and other staff, including an adequate staff of investigators, to effectively perform its duties under the act. It should also be assigned adequate legal counsel by the Office of the Attorney General and/or be authorized to employ private counsel or its own full-time attorney.
(j) Expense and Per diem. Travel expenses and daily compensation should be paid for each Board member’s attendance, in or out of Guam, for education or training purposes directly related to Board duties and approved by the Board.
(k) Electronic Communications. Telephone or other telecommunication conference should be an acceptable form of Board meeting for the purpose of taking emergency action to enforce the Allied Health Practice Act if the president alone or another officer and two (2) Board members believe the situation
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precludes another form of meeting. The Board should be authorized to establish procedures by which its committees may meet by telephone or other telecommunication conference system to take emergency action.
SOURCE: Subsections (a) and (b) amended by P.L. 30-195:3 (Aug. 28
2010), effective, Jan. 2, 2011, pursuant to P.L. 30-195:5. Subsection (a)
and subitem (c)(15) amended by P.L. 36-138:13-14 (Dec. 28, 2022).