Disciplinary Action Against Licensees

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

(1)revocation of the medical license;

(2)suspension of the medical license;

(3)probation;

(4)stipulations, limitations, restrictions and conditions relating to practice;

(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)fine; and

(12)payment of disciplinary costs. The Board at its discretion may take such actions singly or in combination as the nature of the violation requires. CH. 12 MEDICAL PRACTICES - PART I

(b)Letter of Concern. The Board is 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 is authorized, at its discretion, to request clarifying information from the licensee.

(c)Examination/Evaluation. The Board is 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 is 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 or misrepresentation in applying for or procuring a medical license or in connection with applying for or procuring periodic re-registration of a medical license;

(2)cheating on, or attempting to subvert, the medical licensing examination(s);

(3)the commission or conviction of a gross misdemeanor or a felony, related to the practice of medicine, or the entry of a guilty or nolo contendere plea to a gross misdemeanor or a felony charge;

(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 medicine 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 physician and patient, except as required by law;

(8)negligence in the practice of medicine as determined by the Board;

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

(10)being physically or mentally unable to engage safely in the practice of medicine;

(11)practice or other behavior that demonstrates an incapacity or incompetence to practice medicine;

(12)the use of any false, fraudulent or deceptive statement in any document connected with the practice of medicine;

(13)practicing medicine under a false or assumed name;

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

(15)allowing another person or organization to use his or her license to practice medicine;

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

(17)habitual or excessive use or abuse of drugs, alcohol or other substances that impair ability;

(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 medically accepted therapeutic purposes;

(19)violating any state or Federal law or regulation relating to controlled substances; CH. 12 MEDICAL PRACTICES - PART I

(20)obtaining any fee by fraud, deceit or misrepresentation;

(21)employing fraudulent billing practices;

(22)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;

(23)disciplinary action of another state or jurisdiction against a license or other authorization to practice medicine based upon acts or conduct by the licensee similar to acts or conduct that would constitute grounds for 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;

(24)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 or medical 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;

(25)failure to report to the Board surrender of a license or other authorization to practice medicine in another state or jurisdiction, or surrender of membership on any medical staff or in any medical or 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;

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

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

(29)improper management of medical records;

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

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

(32)willful negligence in complying with the regulations of the Guam Board of Allied Health Examiners or the Guam Board of Nurse Examiners pertaining to physician supervision of physician assistants and advance nurse practitioners;

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

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

(35)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. CH. 12 MEDICAL PRACTICES - PART I