10 Guam Code Ann. § 12307
Terms Used In 10 Guam Code Ann. § 12307
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Quorum: The number of legislators that must be present to do business.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The Board may:
(1) adopt and, from time to time revise such rules and regulations as may be necessary to carry out the provisions of this Article, in compliance with the Administrative Adjudication Law and with the approval of the Commission;
(2) prescribe standards for and periodically evaluate basic nursing education programs for entry into practice and approve such programs that meet the requirements of this Chapter and the Board’s rules and regulations;
(3) deny or withdraw approval of basic nursing education programs for entry into practice that do not meet the prescribed standards, provided that recommendation of withdrawal of approval shall be effected only after a hearing in accordance with Chapter II of the Administrative Adjudication Law;
(4) act as an evaluating and approving (or disapproving) body for nursing education programs located in the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, or any jurisdiction arising from the Trust Territory of the Pacific Islands, upon request of the appropriate governing body; provided, that all expenses of the evaluation and approval or disapproval, shall be paid by the requesting jurisdiction;
(5) give the National State Board Test Pool Examination according to the rules formulated by the National Council of
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State Boards of Nursing or its designated testing service and the Guam Board of Nursing;
(6) accept in payment of any fee required by this Chapter, cash or any customary or generally accepted equivalent medium of exchange including check, cashier’s check, certified check or money order; provided, that no fee shall be deemed paid unless cash has been received or the other medium of exchange converted to cash;
(7) deny a license to unqualified applicants;
(8) license and renew licenses of duly qualified applicants;
(9) prescribe the manner in which specialists and other nurses desiring to restrict their practice to a particular area of nursing announce their practices to the public and shall issue certificates identifying the nurse and his specialty;
(10) enforce established criteria to validate competence to continue or re-enter practice;
(11) use Continuing Education Units (CEU) to validate re-licensure to continue or re-enter nursing practice.
(12) conduct hearings upon charges calling for discipline of a licensee as provided in § 12324 of this Chapter;
(13) have the power to issue subpoenas, and compel the attendance of witnesses, and administer oaths to persons giving testimony, and may enforce compliance upon application to the Superior Court;
(14) have a seal and modify it;
(15) in January of each year, submit an annual report to the Commission, the Governor and the Legislature on the activities of the Board over the past fiscal year;
(16) maintain records as required by Guam law;
(17) appoint advisory committees to assist the Board in the implementation of this Article. Members of the advisory committees shall not be compensated;
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(18) conduct public hearings, investigations and studies of nursing practice, nursing education and related matters and prepare and issue such publications as in the judgment of the Board will allow the nursing profession to provide safe and effective nursing services to the public; and
(19) through the Commission, establish by regulation the qualifications for licensure without examination (by endorsement) of such persons who are licensed in other states or jurisdictions and who meet the provisions of §§ 12311 and
12315 of this Chapter.
(c) The Board shall comply with the requirements of the Open Government Law (P.L. 13-35, as amended) but when the Board is preparing examinations, grading examinations, discussing the eligibility of a person to be licensed or reviewing evidence obtained at a hearing for disciplinary action, the Board shall meet in executive session and may exclude the press and members of the public.
(d) The Board shall facilitate the multistate licensure of nurses under the Nurse Licensure Compact (Article 3A, Part 1, Chapter 12, 10 Guam Code Ann.), as follows:
(1) appoint a qualified delegate to serve on the Interstate Commission of Nurse Licensure Compact Administrators;
(2) participate in the Coordinated Licensure
Information System, as defined by 10 Guam Code Ann. § 123A06; and
(3) require an applicant for multistate licensure under the Compact to have his or her fingerprints taken by the Guam Police Department for the purpose of obtaining a fingerprint-based criminal history record check, as authorized by 28 CFR § 20.33 and U.S. Public Law 92-544.
(A) Fingerprints shall be submitted to the Guam Police Department (Department) for a local criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check.
(B) All applicants shall pay a fee, to be established by the Department, to offset the costs of operating and
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administering a fingerprint-based criminal background check system. The Department may increase the fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check service fee.
(C) The Department shall forward the results of the criminal history record check to the Guam Board of Nursing Examiners under said U.S. Public Law 92-544. The Board shall use the information resulting from the fingerprint-based criminal history record check to investigate and determine whether an applicant is qualified to hold a license pursuant to the Nurse Licensure Compact. The Board may verify the information an applicant is required to submit. The results of the criminal history record check are confidential. The Board shall not release the results to the public, the Interstate Commission of Nurse Licensure Compact Administrators, or other state licensing boards.
(4) The Board shall establish and collect fees from every applicant for multistate licensure pursuant to § 12308 of this Article. Funds from such fees may be used for the annual membership fee of the Nurse Licensure Compact.
(5) The Board shall notify the Interstate Commission of Nurse Licensure Compact Administrators of any adverse actions taken by the Board.
(6) The Board shall approve payment of assessments levied by the Interstate Commission of Nurse Licensure Compact Administrators to cover the cost of the operations and activities of the Commission and its staff.
SOURCE: Existing subsection (b)(11) to (18) renumbered (12) to (19) by
P.L. 23-075:2 (Mar. 6, 1996). New subsection (b)(11) added by P.L. 23-
075:3 (Mar. 6, 1996). Subsection (d) added by P.L. 36-006:2 (Mar. 5,
2021).