A licensee shall neither act, nor aid or abet another to act, in any manner which is reprehensible, immoral, illegal, against the public interest, policy or safety, or which tends to degrade, destroy or bring discredit upon the licensee, the community or the

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profession. The following includes, but is not limited to, acts of unprofessional conduct which shall result in disciplinary action:

(a) attempting to obtain or renew, or obtaining or renewing a Guam license by fraud, bribery or misrepresentation;

(b) revocation or suspension of a license, or any other disciplinary action taken against a practitioner, including the denial of licensure, by the licensing authority of another state, territory or country, other than for the nonpayment of registration fee;

(c) a conviction, plea of guilty or plea of nolo contendere of a felony in any jurisdiction;

(d) advertising goods or services contrary to these rules and regulations;

(e) habitual drunkenness;

(f) an adjudication of insanity by a court of competent jurisdiction;

(g) aiding, assisting, procuring or advising any unlicensed person to practice a healing art contrary to these rules and regulations, or to knowingly employ any unlicensed personnel to render professional services;

(h) failing to perform any statutory or legal obligation imposed upon a licensee;

(i) intentionally filing a false report or record, or negligently failing to file a report or record required by state, Federal, or Guam law, or willfully discouraging, impeding or obstructing such filing, or inducing another person to do so;

(j) sexual misconduct, sexual battery or sexual assault upon a patient;

(k) making deceptive, untrue or fraudulent represen- tations in the practice of his or her profession;

(l) failing to keep patient or clinic records justifying the course of treatment of a patient (Records must be retained for a minimum period of time consistent with Guam law.);

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(m) exercising influence on a patient or client as to exploit the patient or client for the financial gain of the licensee, or of a third party, including, but not limited to, acts that promote or sell goods or services, engaging in any split- fee arrangement in any form whatsoever, with an organization, an agency or a person, either directly or indirectly, for patients referred to providers of health care goods and services (No licensee shall divide, share, split, or allocate, directly or indirectly, any fee for services with any lay person, firm, association or corporation. The provisions of this Paragraph shall not be construed to prevent a licensee from receiving a fee for legitimate, bona fide professional consultation services.);

(n) failing to make available for legitimate and reasonable purposes of review to a patient or client, or to the licensee’s legal representative, copies of documents in the possession or under control of the licensee which relate to that patient or client;

(o) performing professional services, which have not been authorized by the patient or client, or the licensee’s legal representative;

(p) fraud, deceit or misconduct in the practice of the profession for which the license was granted;

(q) being guilty of incompetence by failing to meet the minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance, including, but not limited to, the undertaking of diagnosis and treatment for which the licensee is not qualified by training or experience;

(r) practicing or offering to practice beyond the scope permitted by law, or accepting and performing professional responsibilities which, in the opinion of the Board, the licensee should know, or should have reason to know, that he or she is not competent to perform;

(s) delegating professional responsibilities to any person whom, in the opinion of the Board, the licensee should know,

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or have reason to know, is not qualified by training, experience or licensure to perform;

(t) solicitation of patients who are currently undergoing treatment with another provider by the promise of superior service or reduced fees;

(u) the use of the title ‘Doctor,’ or the abbreviation ‘Dr.,’ in connection with the practice of the healing arts licensed by the Board, unless the practitioner possesses an earned doctorate degree from an institution accredited, authorized or approved;

(v) every use of the title ‘Doctor,’ or the abbreviation
‘Dr.,’ pursuant to a license issued by the Board, shall clearly indicate the type of license, certificate or degree conferred;

(w) breach of privileged communication;

(x) breaching the confidentiality of patient records; or

(y) any other acts, as determined by the Board, to be unprofessional conduct.