(a) The Board of Pharmacy may refuse to issue or renew, or may suspend, revoke, restrict the licenses of, or fine any Person pursuant to the procedures set forth in this Act or upon one or more of the following grounds:

(1) Unprofessional conduct as that term is defined by the rules of the Board.

(2) Incapacity that prevents a licensee from engaging in the Practice of Pharmacy with reasonable skill, competence, and safety to the public.
(3) Being guilty of one (1) or more of the following: (A) a felony;

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(B) violations of the pharmacy or drug laws of Guam, or rules and regulation pertaining thereto, or of laws, rules, and regulations of any other state; or of the Federal government.

(4) Knowing or suspecting that a Pharmacist or Pharmacy Intern is incapable of engaging in the Practice of Pharmacy or that a Pharmacy Technician is capable of assisting in the Practice of Pharmacy, with reasonable skill, competence, and safety to the public, and failing to report any relevant information to the Board of Pharmacy.

(5) Misrepresentation of a material fact by a licensee in securing the issuance or renewal of a license.

(6) Fraud by a licensee in connection with the Practice of Pharmacy.

(7) Engaging, or aiding and abetting an individual to engage in the Practice of Pharmacy without a license; assisting in the Practice of Pharmacy or aiding and abetting an individual to assist in the Practice of Pharmacy without having registered with the Board of Pharmacy; or falsely using the title of Pharmacist or Pharmacy Intern, or Pharmacy Technician.

(8) Failing to pay the costs assessed in a disciplinary hearing pursuant to this Act.

(9) Engaging in any conduct that subverts or attempts to subvert any licensing examination or the administration of any licensing examination.

(10) Being found by the Board to be in violation of any of the provisions of this Act or rules adopted pursuant to this Act.

(11) Divulging or revealing Confidential Information or personally identifiable information to a Person other than as authorized by the rules of the Board.

(b) Any Person whose license to practice pharmacy in Guam has been suspended, revoked, or restricted pursuant to this Act, whether voluntarily or by action of the Board, shall have the right,

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at reasonable intervals, to petition the Board for reinstatement of such license. Such petition shall be made in writing and in the form prescribed by the Board. Upon investigation and hearing, the Board may, in its discretion, grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications. The Board, also at its discretion, may require such Person to pass an examination or examinations for reentry into the Practice of Pharmacy.

(c) Nothing herein shall be construed as barring criminal prosecutions for violations of this Act.

(d) All final decisions by the Board shall be subject to judicial review pursuant to the Administrative Adjudication Law.

(e) Any individual or entity whose license to practice pharmacy is revoked, suspended, or not renewed shall return his license to the offices of the Guam Board of Examiners for Pharmacy within ten (10) days after receipt of notice of such action.

2013 NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, numbers and/or letters in subsection (a)(3) were altered to adhere to the Compiler’s alpha-numeric scheme.