Guam Board of Medical Examiners

(a)There is established, in and for the government of Guam, a Guam Board of Medical Examiners (Board) composed of nine

(9)members who shall be nominated and appointed by I Maga’hågan/Maga’låhen Guåhan, with the advice and consent of I Liheslaturan Guåhan. CH. 12 MEDICAL PRACTICES - PART I

(1)At least six

(6)of the nine

(9)members shall be physicians, Doctors of osteopathy, or surgeons licensed in Guam, one

(1)shall be a physician assistant licensed in Guam and one

(1)shall be a podiatrist licensed in Guam. The members of the Board who are licensed healthcare providers shall be persons of recognized professional ability and integrity, and shall have practiced in Guam for at least five

(5)consecutive years immediately preceding the appointment.

(2)All members of the Board shall be citizens or permanent residents of the United States who have resided in Guam for at least five

(5)consecutive years immediately preceding the appointment.

(3)One

(1)of the physician board members shall be the Medical Director of the Guam Memorial Hospital Authority (GMHA); who meets the above criteria; otherwise, I Maga’hågan/Maga’låhen Guåhan shall nominate and appoint a qualified Physician from the GMHA staff.

(4)Provided that of the initial members appointed under this Article, appointments shall be made so that three

(3)members of the Board, sitting or newly appointed, shall serve for two

(2)years, and four

(4)members, sitting or newly appointed shall serve for a term of four

(4)years, until a successor is appointed and qualified.

(b)The Guam Board of Medical Examiners, within the context of this Article and the requirements of due process, shall have the following powers and responsibilities:

(1)promulgate rules and regulations;

(2)select and administer licensing examination(s);

(3)evaluate medical education and training of applicants;

(4)evaluate previous professional performance of applicants;

(5)issue or deny initial or endorsement licenses;

(6)approve or deny applications for license re-registration and renewal;

(7)receive, review and investigate complaints;

(8)receive, review and investigate reports received from law enforcement agencies, health care organizations, governmental agencies, insurers and other entities having information pertinent to the professional performance of licensees;

(9)issue subpoenas, subpoenas duces tecum, administer oaths, receive testimony and conduct hearings;

(10)discipline licensees found in violation of the Medical Practice Act;

(11)institute actions in its own name and enjoin violators of the Medical Practice Act;

(12)establish appropriate fees and charges to include support of active and effective pursuit of its legal responsibilities;

(13)re-instate revoked license at its discretion, but to use such discretionary authority in a consistent manner and with great assurances that the re-instatement of a license will not jeopardize the public; and

(14)develop and adopt its budget.

(15)receive, review and investigate a peer review finding and action received from a health care organization pertinent to the professional performance of a licensee. Upon the receipt of an appeal of a peer review finding and action, the Board shall have: CH. 12 MEDICAL PRACTICES - PART I

(A)the responsibility to review the peer review findings and action by a health care organization, and shall have the authority to either,

(i)uphold the peer review action and finding;

(ii)refer the peer review action back to the initiating health care organization for further consideration or reconsideration; or

(iii)reverse, vacate, or otherwise “void” the peer review action and findings.

(c)Immunity. There should be no liability, monetary or otherwise, on the part of, and no cause of action for damages should arise against any current or former member, officer, administrator, staff member, committee member, examiner, representative, agent, employee, consultant, witness or any other person serving or having served the Board, either as a part of the Board’s operation or as an individual, as a result of any act, omission, proceeding, conduct or decision related to his or her duties undertaken or performed in good faith and within the scope of the function of the Board.

(d)Indemnity. If a current or former member, officer, administrator, staff member, committee member, examiner, representative, agent, employee, consultant or any other person serving or having served the Board requests the government to defend him or her against any claim or action arising out of any act, omission, proceeding, conduct or decision related to his or her duties undertaken, or performed in good faith and within the scope of the function of the Board, and if such a request is made in writing at a reasonable time before trial, and if the person requesting defense cooperates in good faith in the defense of the claim or action, the government should provide and pay for such defense and should pay any resulting judgment, compromise or settlement.

(e)A member of the Board should be subject to removal when he or she:

(1)ceases to be qualified;

(2)is found guilty of a felony or an unlawful act involving moral turpitude by a court of competent jurisdiction;

(3)is found guilty of malfeasance, misfeasance or nonfeasance in relation to his or her Board duties by a court of competent jurisdiction;

(4)is found mentally incompetent by a court of competent jurisdiction;

(5)fails to attend three

(3)successive Board meetings without just cause as determined by the Board; or

(6)is found in violation of the Physicians Practice Act.

(f)All physician members of the Board should hold full and unrestricted medical licenses in Guam, should be persons of recognized professional ability and integrity, and should have resided in Guam at least five

(5)years and practiced in the jurisdiction long enough to have become familiar with policies and practice in the jurisdiction.

(g)The Board’s public member who:

(1)is not a licensed physician or provider of health care;

(2)have no substantial personal or financial interests in the practice of medicine, or with any organization regulated by the Board; and

(3)is a resident of Guam.

(h)[No text] CH. 12 MEDICAL PRACTICES - PART I

(1)The Board should be authorized to appoint committees from its membership and employ an executive secretary or director and other staff, including an adequate staff of investigators, to effectively perform its duties under the Act.

(2)It should also be assigned adequate legal counsel by the Office of the Attorney General and/or be authorized to employ private counsel or its own full-time attorney.

(i)Travel, expenses and daily compensation should be paid for each Board member’s attendance, in or out of Guam, for education or training purposes directly related to Board duties and approved by the Board.

(j)[No text]

(1)Telephone or other telecommunication conference should be an acceptable form of Board meeting for the purpose of taking emergency action to enforce the Physicians Practice Act, if the president alone or another officer and two

(2)Board members believe the situation precludes another form of meeting.

(2)The Board should be authorized to establish procedures by which its committees may meet by telephone or other telecommunication conference system to take emergency action.