(a) Illness or Health Condition. A health care provider, coroner, or medical examiner shall report all cases of persons who harbor any illness or health condition that may be potential causes of a public health emergency. Reportable illnesses and health conditions include, but are not limited to, the diseases caused by the biological agents listed in 42 C.F.R. § 72, App. A (2000), and any illnesses or health conditions identified by the public health authority.

(b) Pharmacists. In addition to the foregoing requirements for health care providers, a pharmacist shall report any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may be potential causes of a public health emergency. Prescription-related events that require a report include, but are not limited to:

(1) an unusual increase in the number of prescriptions or over-the-counter pharmaceuticals to treat conditions that the public health authority identifies through regulations;

(2) an unusual increase in the number of prescriptions for antibiotics; and

(3) any prescription that treats a disease that is relatively uncommon or may be associated with bioterrorism.

(c) Manner of Reporting. Suspicion of a Class 1 disease as specified by the Director of Public Health and Social Services shall be reported within twenty-four (24) hours of diagnosis to the public health authority. The report shall include as much of the following information as is available: the specific illness or health condition that is the subject of the report; the patient=s name, date of birth, sex, race, occupation, and current home and work addresses (including village) and phone numbers; the name and address of the health care provider, coroner, or medical examiner and of the reporting individual, if different; and any other information needed to locate the patient for follow-up. For cases
related to animal or insect bites, the suspected locating information of the biting animal or insect, and the name and address of any known owner, shall be reported.

(d) Animal Diseases. Every veterinarian, livestock owner, veterinary diagnostic laboratory director, kennels businesses or other person having the care of animals shall report animals having or suspected of having any diseases that may be potential causes of a public health emergency. The report shall be reported within twenty-four (24) hours of diagnosis to the public health authority to the public health authority and shall include as much of the following information as is available: the specific illness or health condition that is the subject of the report; the suspected locating information of the animal; the name and address of any known owner and phone numbers; and the name, address and phone number of the reporting individual.

(e) Laboratories. For the purposes of this Section, the definition of “”health care provider”” shall include any on-Guam and off-Guam military United States Department of Defense operated or off-Guam medical laboratories; provided, that such laboratories have agreed to the reporting requirements of Guam. Results must be reported by the laboratory that performs the test, but an on-Guam laboratory that sends specimens to an off-Guam laboratory is also responsible for reporting results.

(f) Enforcement. Failure of a health care provider or veterinarian to report any illness or health condition identified by the Director of the Department of Public Health and Social Services as a Class 1 disease in the manner and within the time period specified in this Section shall be reported to the authority or agency responsible for licensing that health care provider. The licensing authority shall, at its next regular meeting, hold a hearing to determine what action, if any, should be taken with regard to this report. The penalty for failure to comply with the provisions of this Article may include suspension of license to practice a healing art for up to thirty (30) days for a first offense, and suspension or revocation of license for a second or subsequent offense. The action taken by the licensing authority in any such case shall be reported to the Director of the Department of Public Health and Social Services, published in a paper of public record
and posted in an appropriate location at the Guam Memorial Hospital and at a conspicuous location at the site of practice of the health care provider. The public health authority may also enforce the provisions of this Section in accordance with any other laws of Guam, Federal laws applicable to Guam and any other rules and regulations.

(g) Freedom from Liability. No person, health care provider, or health care practice and establishment furnishing any information, data or report in fulfillment of the provisions of this Article shall, by reason of such furnishing, be deemed to have violated any confidential relationship, or be held liable in damages, or be held to answer for willful betrayal of a professional confidence within the meaning and intent of relevant sections of the Government Code of Guam or the laws of the United States.