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Terms Used In 10 Guam Code Ann. § 12815

  • Contract: A legal written agreement that becomes binding when signed.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
(a) Privileged Communications. No licensee or licensee’s employee or agent may disclose any information acquired from a patient being consulted in his professional capacity, except:

(1) in the event the licensee, his employee or agent reasonably suspects an act or acts of child abuse, sexual abuse, or neglect have been or are being committed;

(2) when the communication of threat, crime or harmful act is made known to the licensee;

(3) when it is necessary to advise parents of a child’s self- destructive behavior for the protection of the child if the child is an unemancipated minor, or an adult adjudicated incompetent or otherwise found to be incompetent; and

(4) when the patient gives written and informed consent for the sharing of the patient’s confidential information with third parties.

(b) Determination of a Patient’s Need for Care. The determination of a patient’s need for care may be made within the scope of practice as defined by these rules and regulations. The determination shall be the sole privilege of the licensee and is considered to be an inherent part of the scope of practice of a licensee’s discipline.

(c) Gifts and Premiums. No licensee, or licensee’s staff shall offer, give, dispense, distribute or make available to any person, or aid or abet another to do so, any gift, premium, chance, reward, ticket, item or thing of more than minimal value as a reward or

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CH. 12 MEDICAL PRACTICES

inducement for obtaining a patient for any practice. The Board is the sole judge of what is interpreted as being of nominal value.

(d) Termination of Relationship. No licensee shall abandon a patient he or she has undertaken to treat. Treatment may be discontinued after reasonable notice has been given to the patient by the licensee of the intention to discontinue treatment and the patient has had a reasonable time to secure the services of another professional, or after all licensee services actually begun have been completed and there is no contract or agreement to provide further treatment.