10 Guam Code Ann. § 122325
Terms Used In 10 Guam Code Ann. § 122325
- Conviction: A judgement of guilt against a criminal defendant.
- Dependent: A person dependent for support upon another.
- 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.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(a) A Program of Continuing Education must contain at least one (1) of the following content areas related to social work practice:
(1) Theories and concepts of human behavior m the social environment;
(2) Social work practice, knowledge and skills;
(3) Social work research, programs, or practice evaluations;
(4) Social work management, administration or social policy;
(5) Social work ethics; and
(6) Other areas approved by the Board deemed important and relevant to current social work practice.
(b) The following amount of continuing education hours must be earned in the following program areas:
(1) six (6) education hours addressing social work ethics, and must be completed through courses offered by NASW;
103
COL 6/21/2023
10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES
(2) four (4) education hours addressing cultural competency, specific to the diverse population of Guam; and
(3) two (2) education hours in the area of working with persons with disabilities.
(c) Continuing education hours must be earned in at least two (2) of the following academic course work:
(1) Courses and seminars given by an Accredited
Program of Social Work;
(2) Postgraduate courses from a university, college, or other institution of higher education, in a field other than social work, upon proof that the course is relevant to social work practice and with the approval of the Board;
(3) Undergraduate courses from a university, college or other institution of higher education, upon satisfaction of the Board that such course updates or enhances the licensee’s social work competence;
(4) Correspondence work, televised courses, audio/visual, videotapes, on-line, and other forms of self-study upon approval of the Board, shown to update or enhance social work competence. Under no circumstances shall more than five (5) hours from this category be acceptable as continuing education for each renewal cycle;
(5) Continuing education presentations of national, international, regional, or sub-regional conferences or association meetings relevant to social work practice;
(6) Workshops or institutes, including approved workshops at conventions relevant to social work practice from approved providers;
(7) Public or private agency staff development programs from approved providers that contribute to the enhancement of social work practice or knowledge that are not primarily procedural or administrative.
104
COL 6/21/2023
10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES
(d) The Board shall have the final approval of the content areas for designating a program as a Program of Continuing Education. The Board may determine an Approved Provider of Continuing Education, after receipt of an application as set forth by the Board, accompanied by an applicable fee, which demonstrates the following:
(1) Programs to be provided will meet guidelines as determined by the Board, and will be presented by competent individuals as documented by appropriate academic training, professional licensure or certification, or professionally recognized experience;
(2) An identified licensed social worker will be involved in program planning and review;
(3) Appropriate documents will be maintained and provided to the Board upon request, including presenter qualifications, learning objectives, content outlines, attendance records, and completed evaluation forms;
(4) Compliance with all other applicable laws, including the Americans with Disabilities Act.
(5) Attendees will be provided a certificate of completion, which includes the provider number.
(e) Upon enactment of this Act, the Board shall convene an adhoc committee, with no more than five (5) members as appointed by the Chair, which may include non-members of the Board to compile a list of any additional continuing education units and/or hours not identified in this Chapter with the final approval by the Board.
SOURCE: Added by P.L. 31-250:1 (Dec. 26, 2012).
2012 NOTE: The last paragraph was designated as subsection (e) by the
Compiler pursuant to authority granted by 1 Guam Code Ann. § 1606..
§ 122326. Revocation, Suspension, Denial, or condition of
Licenses; Fines.
(a) In addition to any other acts or conditions provided by law, the Board may refuse to renew, reinstate, or restore; or may deny, revoke, suspend, or condition in any manner any license; or
105
COL 6/21/2023
10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES
fine any exempt government employee or any one (1) or more of the following acts or conditions on the part of the applicant, licensee or exempt person:
(1) failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license;
(2) being addicted to, dependent on, or being a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, or cocaine, or other drugs or derivatives of a similar nature;
(3) engaging in the practice of social work while impaired by alcohol, drugs, or mental instability;
(4) procuring a social work license through fraud, misrepresentation, or deceit;
(5) aiding and abetting an unlicensed person to directly or indirectly use the title “”social worker”” or engage in the practice as a “”Licensed Bachelor Social Worker””, “”Licensed Master’s Social Worker”” or “”Licensed Clinical Social Worker””;
(6) engaging in professional misconduct, incompetence, gross negligence, or manifest incapacity in the practice of social work;
(7) engaging in conduct or practice contrary to the National Association of Social Worker’s Professional Code of Ethics;
(8) failing to comply, observe, or adhere to any law in a manner such that the Board deems the applicant or holder to be an unfit or improper person to hold a social work license;
(9) revocation, suspension or other disciplinary action by another state or federal agency against the licensee or applicant for any reason provided by this Section;
(10) having a criminal conviction, whether by nolo contendere or otherwise, of a crime directly related to the qualifications, functions or duties of the social work profession;
106
COL 6/21/2023
10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES
(11) failing to report in writing to the Board any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty (30) days of the disciplinary decision;
(12) employing, utilizing, or attempting to employ or utilize at any time any person not licensed who purports to be or engages in practice as a Social Worker, Licensed Bachelor Social Worker, Licensed Master’s Social Worker, or Licensed Clinical Social Worker;
(13) engaging in the practice of social work beyond the
scope of the person’s license; or
(14) violating this Chapter or any rules adopted pursuant thereto.
(b) The Board may determine on a case-by-case basis to give a license to an applicant who has been convicted of a crime; provided the following is met:
(1) the applicant must provide proof that he/she has made efforts to rehabilitate himself/herself and become positive, productive members in the community; and
(2) if one was convicted of a crime ten (10) or more years before the date of application or the date of license renewal, the Board may automatically administer the license.
(c) Any licensee who violates this Section may also be fined not more than One Thousand Dollars ($1,000) per violation.
(d) The Board shall have the authority to investigate, prosecute, and conduct administrative hearings regarding exempt government employees.
(e) The Board may defer action with regard to an impaired licensee who voluntarily signs an agreement, in a form satisfactory to the Board, agreeing not to practice social work and to enter an approved treatment and monitoring program in accordance with this Section; provided, that this Section shall not apply to a licensee who has been convicted of, pleads guilty to, or enters a plea of nolo contendere to a felonious act or an offense relating to a controlled substance in a court of law of the United
107
COL 6/21/2023
10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES
States or any other state, territory, or country, or a conviction related to sexual misconduct. A licensee who is physically or mentally impaired due to mental illness or addiction to drugs or alcohol may qualify as an impaired social worker and have disciplinary action deferred and ultimately waived only if the Board is satisfied that such action will not endanger the public and the licensee enters into an agreement with the Board for a treatment and monitoring plan approved by the Board, progresses satisfactorily in such treatment and monitoring program, and complies with all terms of the agreement and all other applicable terms of this Section.
(f) Failure to enter such agreement or to comply with the terms and make satisfactory progress in the treatment and monitoring program shall disqualify the licensee from the provisions of this Section, and the Board may activate an immediate investigation and disciplinary proceeding. Upon completion of the rehabilitation program in accordance with the agreement signed by the Board, the licensee may apply for permission to resume the practice of social work upon such conditions as the Board determines necessary.