(a) Range of Actions. The range of disciplinary actions available to the Board includes, but not limited to, the following:

(1) revocation of the Allied Health license; (2) suspension of the Allied Health license; (3) probation;
(4) stipulations, limitations, restrictions and conditions relating to practice;

239

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES

(5) censure, including specific redress, if appropriate; (6) reprimand;
(7) chastisement;

(8) monetary redress to another party;

(9) a period of free public or charity service;

(10) satisfactory completion of an educational, training and/or treatment program or programs;

(11) administrative fines of not less than Two Thousand Five Hundred Dollars ($2,500) and not more than Ten Thousand Dollars ($10,000) per violation per day; and

(12) payment of disciplinary costs, including attorneys’ fees and related expenses related to the prosecution of any disciplinary matter against a licensee.

The Board at its discretion may take such actions singly or in combination, as the nature of the violation requires.

(b) Letter of Concern. The Board should be authorized to issue a confidential letter of concern to a licensee when, though evidence does not warrant formal proceedings, the Board has noted indications of possible errant conduct by the licensee that could lead to serious consequences and formal action. In its letter of concern, the Board should also be authorized, at its discretion, to request clarifying information from the licensee.

(c) Examination/Evaluation. The Board should be authorized, at its discretion, to require professional competency, physical, mental or chemical dependency examination(s) or evaluation(s) of any applicant or licensee, including withdrawal and laboratory examination of bodily fluids.

(d) Grounds for Action. The Board should be authorized to take disciplinary action for unprofessional or dishonorable conduct, which should be defined to mean, but not be limited to, the following:

(1) fraud, bribery or misrepresentation in the application or procurement of a license or in connection with applying for or procuring periodic re-registration of a license;

240

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES

(2) cheating on or attempting to subvert a licensing examination;

(3) conviction of a gross misdemeanor or felony, or a plea of guilty or nolo contenders to a gross misdemeanor or felony charge, whether or not related to the practice of an allied health profession;

(4) conduct likely to deceive, defraud or harm the public;

(5) making a false or misleading statement regarding his or her skill or the efficacy or value of the treatment or remedy prescribed by him or her, or at his or her direction, in the treatment of any disease or other condition of the body or mind;

(6) representing to a patient that an incurable condition, sickness, disease or injury can be cured;

(7) willfully or negligently violating the confidentiality between practitioner and patient except as required by law;

(8) negligence in the practice of an allied health profession as determined by the Board;

(9) being found adjudicated mentally incompetent or of unsound mind by a court of competent jurisdiction;

(10) being physically or mentally unable to engage safely in the practice of an allied health profession;

(11) practice or other behavior that demonstrates an incapacity or incompetence to practice an allied health profession;

(12) the use of any false, fraudulent or deceptive statement in any document connected with the practice of an allied health profession;

(13) practicing under a false or assumed name;

(14) aiding or abetting the practice of an allied health profession by an unlicensed, incompetent or impaired person;

241

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES

(15) allowing another person or organization to use his or her license to practice an allied health profession;

(16) commission of any act of sexual misconduct, which exploits the practitioner-patient relationship in a sexual way;

(17) habitual or excessive use or abuse of drugs, alcohol or other substances that impairs ability to perform his/her profession;

(18) prescribing, selling, administering, distributing, ordering or giving any drug legally classified as a controlled substance, or recognized as an addictive or dangerous drug for other than accepted therapeutic purposes;

(19) except as otherwise permitted by law, prescribing, selling, administering, distributing, ordering or giving to a habitual addict, or any person previously drug dependent, any drug legally classified as a controlled substance or recognized as an addictive or dangerous drug;

(20) prescribing, selling, administering, distributing, ordering or giving any drug legally classified as a controlled substance or recognized as an addictive or dangerous drug to a family member or to himself or herself;

(21) violating any state or Federal law or regulation relating to controlled substances;

(22) obtaining any fee by fraud, deceit or misrepre- sentation;

(23) employing abusive billing practices;

(24) directly or indirectly giving or receiving any fee, commission, rebate or other compensation for professional services not actually and personally rendered, though this prohibition should not preclude the legal functioning of lawful professional partnerships, corporations or associations;

(25) disciplinary action of another state or jurisdiction against a license or other authorization to practice an allied health profession based upon acts or conduct by the licensee similar to acts or conduct that would constitute grounds for

242

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES

action as defined in this Section, a certified copy of the record of the action taken by the other state or jurisdiction being conclusive evidence thereof;

(26) failure to report to the Board any adverse action taken against him or her by another licensing jurisdiction, United States or foreign, by any peer review body, by any health care institution, by any professional society or association, by any governmental agency, by any law enforcement agency, or by any court for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section;

(27) failure to report to the Board surrender of a license or other authorization to practice an allied health profession in another state or jurisdiction, or surrender of membership in any professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section;

(28) any adverse judgment, award or settlement against the licensee resulting from an allied health liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action, as defined in this Section;

(29) failure to report to the Board any adverse judgment, settlement or award arising from a liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section;

(30) failure to transfer pertinent and necessary records to another practitioner in a timely fashion when legally requested to do so by the subject patient, or by a legally designated representative of the subject patient;

(31) improper management of patient’s records;

(32) failure to furnish the Board, its investigators or representatives, information legally requested by the Board;

243

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES

(33) failure to cooperate with a lawful investigation conducted by the Board;

(34) willful negligence in complying with the rules and regulations of the Guam Board of Allied Health pertaining to physician supervision of physician assistants;

(35) violation of any provision(s) of the Allied Health Practice Act or the rules and regulations of the Board or of an action, stipulation or agreement of the Board;

(36) failure to follow generally accepted infection control procedures; and

(37) failure to comply with any state statute or board regulation regarding a licensee’s reporting responsibility for HIV, HVB (hepatitis B virus) or HVC (hepatitis C virus) sero-positive status.

SOURCE: Subsections (a)(11) and (12) amended by P.L. 36-138:19 (Dec.
28, 2022).