(a) The Board of Pharmacy shall be responsible for the control and regulation of the practice of pharmacy in Guam, including, but not limited to, the following:

(1) the licensing by examination or by license transfer of applicants who are qualified to engage in the practice of pharmacy under the provisions of this Act;

(2) the renewal of licenses to engage in the practice of pharmacy;

(3) the establishment and enforcement of compliance with professional standards and rules of conduct of pharmacists engaged in the practice of pharmacy;

(4) the determination and issuance of standards for recognition and approval of degree programs of schools and

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colleges of pharmacy whose graduates shall be eligible for licensure in Guam, and the specification and enforcement of requirements for practical training, including internship;

(5) the enforcement of those provisions of this Act relating to the conduct or competence of pharmacists practicing in Guam, and the suspension, revocation or restriction of licenses to engage in the practice of pharmacy;

(6) the licensure and regulation of the training, qualifications and employment of pharmacy interns and pharmacy technicians;

(7) the collection of professional demographic data;

(8) the right to seize any such drugs and devices found by the Board to constitute an imminent danger to the public health and welfare;

(9) establishing minimum specifications for the physical facilities, technical equipment, environment, supplies, personnel and procedures for the storage, compounding and/or dispensing of such drugs or devices, and for the monitoring of drug therapy;

(10) establishing minimum standards for the purity and quality of such drugs, devices and other materials within the practice of pharmacy;

(11) the issuance and renewal of licenses of all persons engaged in the manufacture and distribution of drugs and devices;

(12) inspection of any licensed person at all reasonable hours for the purpose of determining if any provisions of the laws governing the legal distribution of drugs or devices or the practice of pharmacy are being violated. (The Board of Pharmacy, its officers, inspectors and representatives shall cooperate with all agencies charged with the enforcement of the laws of the United States, of Guam and of all other states relating to drugs, devices, and the practice of pharmacy); and

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(13) establishing minimum standards for maintaining the integrity and confidentiality of prescription information and other patient health care information.

(b) The Board of Pharmacy shall have such other duties, powers and authority as may be necessary to the enforcement of this Act, and to the enforcement of Board rules made pursuant thereto, which shall include, but are not limited to, the following:

(1) the Board may join such professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare, of the public and/or whose activities assist and facilitate the work of the Board.

(2) The Board may receive and expend funds, in addition to its annual appropriation, from parties other than the government, provided:

(A) such funds are awarded for the pursuit of a specific objective which the Board is authorized to accomplish by this Act, or which the Board is qualified to accomplish by reason of its jurisdiction or professional expertise;

(B) such funds are expended for the pursuit of the objective for which they are awarded;

(C) activities connected with or occasioned by the expenditures of such funds do not interfere with the performance of the Board’s duties and responsibilities, and do not conflict with the exercise of the Board’s powers as specified by this Act;

(D) such funds are kept in a separate, special account; and

(E) periodic reports are made concerning the
Board’s receipt and expenditure of such funds.

(3) The Board may establish a Bill of Rights for patients concerning the health care services a patient may expect in regard to pharmaceutical care.

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(4) Any investigation, inquiry, or hearing which the Guam Board of Examiners for Pharmacy is empowered to hold or undertake may be held or undertaken by or before any member or members of the Board and the finding or order of such member or members shall by deemed to be the order of said Board when approved and confirmed as noted in § 12615(d).

(5) Embargo.

(A) Notwithstanding anything in this Act to the contrary, whenever a duly authorized representative of the Board finds, or has probable cause to believe, that any drug or device is adulterated or misbranded within the meaning of the Guam Food and Drug Act, he shall affix to such drug or device a tag, or other appropriate marking, giving notice that such article is, or is suspected of, being adulterated or misbranded, has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until provision for removal or disposal is given by the Board, its agent, or the Court. No person shall remove or dispose of such embargoed drug or device, by sale or otherwise, without the permission of the Board or its agent or, after summary proceedings have been instituted, without permission from the Court.

(B) When a drug or device detained or embargoed under Paragraph (A) of this Subsection (5) has been declared by such representative to be adulterated or misbranded, the Board shall, as soon as practical thereafter, petition the Judge of the Superior Court, in which jurisdiction the article is detained or embargoed, for an order for condemnation of such article. If the judge determines that the drug or device so detained or embargoed is not adulterated or misbranded, the Board shall direct the immediate removal of the tag or other marking.

(C) If the court finds the detained or embargoed drug or device is adulterated or misbranded, such drug or device, after entry of the decree, shall be destroyed at

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the expense of the owner under the supervision of a Board representative, and all court costs and fees, storage and other proper expense shall be borne by the owner of such drug or device. When the adulteration or misbranding can be corrected by proper labeling or processing of the drug or device, the Court, after entry of the decree and after such costs, fees and expenses have been paid and a good and sufficient bond has been posted, may direct that such drug or device be delivered to the owner thereof for such labeling or processing under the supervision of a Board representative. Expense of such supervision shall be paid by the owner. Such bond shall be returned to the owner of the drug or device on representation to the Court by the Board that the drug or device is no longer in violation of the embargo and the expense of supervision has been paid.

(D) It is the duty of the Attorney General to whom the Board reports any violation of § 12617(b)(5) to cause appropriate proceedings to be instituted in the proper court without delay and to be prosecuted in the manner required by law. Nothing in this Subparagraph (D) shall be construed to require the Board to report violations whenever the Board believes the public’s interest will be adequately served in the circumstances by a suitable written notice or warning.

(6) The Board may place under seal all drugs or devices that are owned by or in the possession, custody or control of a licensee at the time his license is suspended or revoked, or at the time the Board refuses to renew his license. Except as otherwise provided in this Section, drugs or devices so sealed shall not be disposed of until appeal rights under the Administrative Adjudication Law have expired, or an appeal filed pursuant to that Law has been determined. The court involved in an appeal filed pursuant to the Administrative Adjudication Law may order the Board, during the pendency of the appeal, to sell sealed drugs that are perishable. The proceeds of such a sale shall be deposited with that court.

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(7) Except as otherwise provided to the contrary, the Board shall exercise all of its duties, powers and authority in accordance with the Guam Administrative Adjudication Law.

(8) In addition to the fees specifically provided for herein, the Board may assess additional reasonable fees for services rendered to carry out its duties and responsibilities as required or authorized by this Act or rules adopted hereunder. Such services rendered shall include, but not be limited to, the following:

(A) issuance of duplicate certificates or identification cards;

(B) mailing lists, or reports of data maintained by the Board;

(C) copies of any documents; (D) certification of documents; (E) notices of meetings;
(F) licensure transfer;

(G) examination administration to a licensure applicant; and

(H) examination materials. (9) Cost Recovery.
(A) If any order issues in resolution of a disciplinary proceeding before the Board of Pharmacy, the Board may request the hearing officer to direct any licensee found guilty of a charge involving a violation of any drug laws or rules, to pay to the Board a sum not to exceed the reasonable costs of the investigation and prosecution of the case and, in any case, not to exceed Twenty-five Thousand Dollars ($25,000.00).

(B) In the case of a pharmacy or wholesale distributor, the order may be made as to the corporate owner, if any, and as to any pharmacist, officer, owner or partner of the pharmacy or wholesale distributor who

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is found to have had knowledge of or have knowingly participated in one (1) or more of the violations set forth in this Section.

(C) The costs to be assessed shall be fixed by the hearing officer and shall not be increased by the Board; where the Board does not adopt a proposed decision and remands the case to a hearing officer, the hearing officer shall not increase any assessed costs.

(D) Where an order for recovery of costs is made and timely payment is not made as directed in the Board’s decision, the Board may enforce the order for payment in the Superior Court in Guam where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the Board may have as to any person directed to pay costs.

(E) In any action for recovery of costs, proof of the Board’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.

2022 NOTE: Reference to “”territory”” replaced with “”Guam”” pursuant to
1 Guam Code Ann. § 420.

2013 NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, numbers and/or letters in subsection (b)(2), (5), (8) and (9) were altered to adhere to the Compiler’s alpha-numeric scheme.