10 Guam Code Ann. § 72109
Terms Used In 10 Guam Code Ann. § 72109
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(1) Confidential information means any and all non- public, medical, financial and personal information in whatever form (written, oral, visual or electronic) possessed or obtained by either party. Confidential information shall include all information which:
(A) either party has labeled in writing as confidential;
(B) is identified at the time of disclosure as confidential;
(C) is commonly regarded as confidential in the health care industry; or
(D) is Protected Health Information as defined by
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the Health Insurance Portability Accountability Act.
(2) First responders means an employee of an emergency service who is likely to be among the first people to arrive at and assist at the scene of an emergency, such as an accident, natural disaster, or terrorist attack. First responders typically include police, firefighters, paramedics, and emergency medical technicians.
(3) Special needs means the phrase used in clinical diagnosis and functional development to describe individuals who require assistance for disabilities that may be medical, mental or psychological; and the needs of such individuals.
(b) The Guam Fire Department shall create and maintain a registry entitled, the “”Emergency On-Line Registry for Individuals with Special Needs,”” herein referred to as “”Registry,”” which shall be integrated into the Enhanced 911 Emergency Reporting System. Such Registry shall be referred to by and any relevant information is to be conveyed to the first emergency responders.
(1) The Registry shall only contain information voluntarily disclosed by a registered individual with special needs, or his or her parent or legal guardian. Such information may include, but not be limited to, emergency contact information, relevant medical history, and a description of any special need deemed relevant by the registrant. All information within the registry shall be deemed confidential information that shall only be used for the purposes of the Registry. Any other disclosure may occur only upon the written authorization of the registrant.
(2) The Registry shall be voluntary and the individual with special needs, or the parents or legal guardian of the individual with special needs under the age of eighteen (18) may register with the Guam Fire Department. An option to attach a passport-style photo may be permitted. The Registry application form may be available at the Guam Fire Department.
(3) Once the registration has been received and
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processed, the Guam Fire Department or its designated agent shall officially respond by mail or email to the applicant confirming their inclusion on the Registry no less than seven (7) days from the date of the submission of the registration. An identification card shall be issued which may accompany the individual with special needs at all times, as deemed appropriate.
(c) Authorization. The Guam Fire Department is hereby authorized to enter into a Memorandum of Understanding with the Department of Integrated Services for Individuals with Disabilities and other departments and agencies, as determined by the Guam Fire Department to seek consultation and advice in the creation and maintenance of the Registry.
(d) The Guam Fire Department and the Department of Integrated Services for Individuals with Disabilities and other departments and agencies as determined by the Guam Fire Department shall meet at least quarterly to report the activities of the registry and shall submit an annual report, beginning on January 1, 2017, to I Maga’lahen Guåhan and I Liheslaturan Guåhan, which shall include, but not be limited to:
(1) the number of individuals voluntarily registered; (2) a comparative analysis on the number of
individuals on the Registry that benefited from the Registry,
their special needs, and the delivery of services received;
(2) incident reports filed by first responders when responding to an emergency with an individual on the Registry;
(3) a list of complaints, if any, from the individual on the registry; and
(4) any other strategy effectiveness related to the
Registry.
(e) Evaluation. The Guam Fire Department shall conduct a yearly evaluation of the Registry, which shall include, but not be limited to:(1) tracking the implementation process, to include any planned and/or unanticipated adaptations to the Registry that may affect the outcome of the findings;
(2) a comparative analysis on the number of individuals on the Registry that benefited from the Registry, their disability and the delivery of services received;
(3) assessment of the need for any adaptations to the strategy to meet the needs of the target population;
(4) input from first responders on their use of the
Registry and its effectiveness; and
(5) recommendations, if any, to improve the effectiveness of the Registry.
The Guam Fire Department may assign these duties to the Department of Integrated Services for Individuals with Disabilities as part of the Memorandum of Understanding as authorized in this Section.
(f) Training. The Guam Fire Department shall develop a training regimen for emergency responders specifically dedicated for individuals with special needs. The curriculum may be developed in collaboration with the Guam Community College and/or the University of Guam to supplement any existing programs or in-service training. The training shall be formulated to include new employees, as well as veteran employees who are defined as first responders in this Act and shall be conducted on a yearly basis. The training shall also include practical experience with individuals with special needs.
SOURCE: Added by P.L. 33-054:2 (June 13, 2015), effective January 1,
2016 pursuant to P.L. 33-054:6.