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Terms Used In 10 Guam Code Ann. § 12204

  • 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.
(a) Medical Licensing Examination(s).

(1) No person shall receive a license to practice medicine in Guam unless he or she has passed an examination or examinations satisfactory to the Board, including the National Board of Medical Examiners, FLEX, USMLE or future national examination.

(2) The Board shall approve the preparation and administration of an examination or examinations, in English, that it deems must be satisfactorily passed as part of its procedure for determining an applicant’s qualification for the practice of medicine.

(3) Examinations shall be scored in a way to ensure the anonymity of applicants.

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(4) Examinations shall be conducted at least annually, provided there are five (5) applicants of which one (1) of the applicants must be a resident of Guam.

(5) The Board shall stipulate the score required for passing the examination(s). The required passing score should be set before the administration of the examination(s).

(6) (A) Applicants shall be required to pass all examinations within a specific period of time after initial application in any jurisdiction.

(B) Specific requirements for the satisfactory completion of further medical education should be established by the Board for those applicants seeking to be examined after the specified passing period.

(7) The Board shall be authorized to limit the number of times an examination may be taken before the satisfactory completion of further medical education is required of an applicant.

(8) Fees for any examination shall be paid by an applicant before the examination is given in accordance with specified deadlines.

(b) Examination Application. To apply for examination(s), an applicant shall provide the Board, and attest to the following information and documentation, no later than a date set by the Board:

(1) his or her full name and all aliases or other names ever used, current address, social security number and date and place of birth;

(2) a recent signed photograph, a handwriting sample (A set of fingerprints of the applicant may be requested if available.);

(3) an original of all documents and credentials required by the Board, or notarized photocopies or other verification acceptable to the Board of such documents and credentials;

(4) a list of all jurisdictions, United States or foreign, in which the applicant is licensed, or has applied for licensure,

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to practice medicine, or is authorized, or has applied for authorization to practice medicine;

(5) a list of all jurisdictions, United States or foreign, in which the applicant has been denied licensure or authorization to practice medicine or has voluntarily surrendered a license or an authorization to practice medicine;

(6) a list of all sanctions, judgments, awards, settlements or convictions against the applicant in any jurisdiction, United States or foreign, that would constitute grounds for disciplinary action under the Medical Practice Act or the Board’s rules and regulations;

(7) a detailed educational history, including places, institutions, dates and program descriptions, of all his or her education, beginning with secondary schooling and including all college, pre-professional, professional and professional postgraduate education;

(8) a detailed chronological life history, including places and dates of residence, employment and military service, United States or foreign; and

(9) any other information or documentation the Board determines necessary.

(c) Examination Security.

(1) Any individual found by the Board to have engaged in conduct that subverts or attempts to subvert the medical licensing examination process should, at the discretion of the Board, have his or her scores on the licensing examination withheld and/or declared invalid, be disqualified from the practice of medicine and/or be subject to the imposition of other appropriate sanctions. The Federation of State Medical Boards of the United States should be informed of all such actions.

(2) Conduct that subverts or attempts to subvert the medical licensing examination process should include, but not be limited to:

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(A) conduct that violates the security of the examination materials, such as removing from the examination room any of the examination materials; reproducing or reconstructing any portion of the licensing examination; aiding by any means in the reproduction or reconstruction of any portion of the licensing examination; selling, distributing, buying, receiving or having unauthorized possession of any portion of a future, current or previously administered licensing examination;

(B) conduct that violates the standard of test administration, such as communicating with any other examinee during the administration of the licensing examination; copying answers from another examinee or permitting one’s answers to be copied by another examinee during the administration of the licensing examination; having in one’s possession during the administration of the licensing examination any books, notes, written or printed materials or data of any kind, other than the examination distributed; and/or

(C) conduct that violates the credentialing process, such as falsifying or misrepresenting educational credentials or other information required for admission to the licensing examination; impersonating an examinee or having an impersonator take the licensing examination on one’s behalf.

(3) The Board shall provide written notification to all applicants for medical licensure of the prohibitions on conduct that subverts or attempts to subvert the licensing examination process, and of the sanctions imposed for such conduct. A copy of such notification attesting that he or she read and understood the notification should be signed by the applicant and filed with his or her application.

2013 NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, numbers and/or letters in subsection (c)(2) were altered to adhere to the Compiler’s alpha-numeric scheme.