Compulsory Reporting and Investigation

(a)Any person shall be permitted to report to the Board in writing any information he or she has reason to believe indicates a medical licensee is, or may be, medically incompetent, guilty of unprofessional conduct, or mentally or physically unable to engage safely in the practice of medicine. The following shall be required to report to the Board promptly and in writing any information that indicates a licensee is, or may be, medically incompetent, guilty of unprofessional conduct, or mentally or physically unable to engage safely in the practice of medicine; and any restriction, limitation, loss, or denial of a licensee’s staff privileges or membership that involves patient care:

(1)all physicians licensed under the Act;

(2)all licensed health care providers;

(3)the state medical association and its components;

(4)all hospitals and other health care institutions in Guam, to include hospitals, clinics, managed care organizations, etc.;

(5)all government/with services involving health care activities; CH. 12 MEDICAL PRACTICES - PART I

(6)all law enforcement agencies in Guam;

(7)all courts in Guam; and

(8)all peer review bodies in Guam.

(b)A medical licensee’s voluntary resignation from the staff of a health care organization or voluntary limitation of his or her staff privileges at such an organization shall be promptly reported to the Board by the organization and the licensee if that action occurs while the licensee is under formal or informal investigation by the organization or a committee thereof for any reason related to possible medical incompetence, nonprofessional conduct, or mental or physical impairment.

(c)Malpractice insurance carriers and affected licensees shall be required to file with the Board a report of each final judgment, settlement or award against insured licensees. Licensees not covered by malpractice insurance carriers shall be required to file the same information with the Board regarding themselves. All such reports shall be made to the Board promptly (e. g. within thirty

(30)days).

(d)Upon receiving reports concerning a licensee, or on its own motion, the Board shall be permitted to investigate any evidence that appears to show a licensee is, or may be, medically incompetent, guilty of unprofessional conduct, or mentally or physically unable to engage safely in the practice of medicine.

(e)Any person, institution, agency or organization required to report under this provision of the Medical Practice Act who does so in good faith shall not be subject to civil damages or criminal prosecution for so reporting.

(f)To assure compliance with compulsory reporting requirements, specific civil penalties shall be established for demonstrated failure to report up to Ten Thousand Dollars ($10,000.00) per instance.

(g)The Board shall promptly acknowledge all reports received under this Section through phone call and email within seventy-two

(72)hours, or through certified mail within seven

(7)working days. Persons or entities reporting under this Section shall also be promptly informed through phone call and email within seventy-two

(72)hours, or through certified mail within seven

(7)working days of the Board’s actions, decisions, and final disposition in the matters reported.