10 Guam Code Ann. § 12324
Terms Used In 10 Guam Code Ann. § 12324
- Conviction: A judgement of guilt against a criminal defendant.
- Dependent: A person dependent for support upon another.
- 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.
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1) Has committed fraud or deceit in securing or attempting to secure such license;
(2) Has been convicted of a felony or a crime involving moral turpitude or has had accepted by a court a plea of nolo contendere to a felony or a crime involving moral turpitude. A true copy of the judgment of the court of competent jurisdiction (in whatever form is usual for such copies in the jurisdiction from which the record comes) shall be prima facie evidence of such conviction. In considering the possible disciplinary action, the Board shall be governed by
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determination that such licensee is incompetent or unsafe to continue the practice of nursing or the practice of practical nursing;
(3) Has negligently or willfully acted in a manner inconsistent with the health or safety of the person under his care;
(4) Has had a license to practice as a registered nurse or licensed practical nurse suspended or revoked in any jurisdiction where licensed;
(5) Has violated any provision of this Article;
(6) Has negligently or willfully practiced nursing in a manner that fails to meet generally accepted standards of such nursing practice;
(7) Has negligently or willfully violated any order, rule or regulation of the Board pertaining to nursing practice or licensure;
(8) Has falsified or, in a repeatedly negligent manner, made incorrect entries or failed to make essential entries on essential patient records;
(9) Is addicted or dependent on alcohol or other habit- forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effects;
(10) Has a physical or mental disability that renders him unable to perform nursing service or duties with reasonable skill or safety to the patient;
(11) Has engaged in other conduct, whether of the same or of a different character from that specified in this Section, that would constitute a crime under the laws of Guam and that related to such person’s employment as a registered nurse or licensed practical nurse;
(12) Engages in unprofessional conduct of a character likely to deceive, defraud or harm the public; or
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(13) Engages in any other unprofessional conduct as identified by the Board in its rules.
(b) When the Board finds any person unqualified because of any grounds set forth in this Section, it may enter an order imposing one or more of the penalties that follow. It may:
(1) Deny his application for a license or other authorization to practice professional nursing or practical nursing;
(2) Administer a public or private reprimand;
(3) Suspend, limit or restrict his license or other authorization to practice professional nursing or practical nursing for up to five (5) years, including limiting the practice of such person to, by exclusion of, one or more specified branches of nursing including limitation of practice privileges;
(4) Revoke his license or other authorization to practice professional or practical nursing;
(5) Require him to submit to care, counseling or treatment by persons approved or designated by the Board, as a condition for initial, continued or renewed licensure or other authorization to practice professional nursing or practical nursing;
(6) Require him to participate in a program of education prescribed by the Board; or
(7) Require him to practice under the supervision of a registered nurse designated by the Board for a specified period of time.