Attorney's Note

Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 yearup to $1,000
For details, see 9 Guam Code Ann. § 80.34

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Terms Used In 10 Guam Code Ann. § 12810

  • 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.
  • 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.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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.
The Board may deny licensure to an applicant or revoke a license from a licensee for reasons including, but not limited to, the following:

(a) fraud, bribery or misrepresentation in the application or procurement of a license or the periodic re-registration of a license;

(b) cheating on or attempting to subvert a licensing examination;

(c) conviction of a gross misdemeanor or felony, or a plea of guilty or nolo contendere to a gross misdemeanor or felony, whether or not related to the practice of the licensed profession;

(d) having been adjudicated mentally incompetent or insane by a court of competent jurisdiction;

(e) violation of any Guam, state, Federal or foreign law or regulation relating to controlled substances;

(f) disciplinary action by a licensing jurisdiction, foreign or domestic, for acts or conduct which constitute a violation of these rules and regulations; a certified copy of the action

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10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES

taken by the licensing jurisdiction shall be conclusive evidence, thereof;

(g) sanctions or disciplinary actions taken by a peer review body, hospital, health care institution, professional association or society for acts or conduct which constitute a violation of these rules and regulations;

(h) failure to report to the Board any adverse action taken against him or her by a peer review body, health care institution, professional society or association, governmental agency, law enforcement agency or court, of a licensing United States or foreign jurisdiction, for acts or conduct which constitute a violation of these rules and regulations;

(i) failure to report to the Board the revocation or denial of a license to practice a healing art in a United States or foreign jurisdiction, or the surrender of membership on any staff or any professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct which would constitute a violation of these rules and regulations;

(j) failure to report any present, pending or settled adverse action which would constitute a violation of these rules and regulations;

(k) failure to report any settlement or award which would constitute a violation of these rules and regulations;

(l) failure to furnish the Board, its investigators or representatives, within a reasonable time, information legally requested by the Board; or

(m) violation of any other requirement for licensure as delineated by the Board through the Administrative Adjudication Law.