Definitions

(a)Professions. For purposes of this Act, the following allied health professions shall be licensed under the Guam Board of Allied Health Examiners:

(1)“Acupuncture” and “Oriental Medicine” shall mean the science and art of examination and diagnosis based on traditional oriental medicine, and treatment of symptoms and diseases by the insertion of needles into the respective three hundred sixty-five

(365)major trigger points of twelve

(12)meridians, eight

(8)extra trigger points of extra meridians, Ashi (regional or local) points, as well CH. 12 MEDICAL PRACTICES - PART I as other extra points on the human body, by piercing the skin of the body to control and regulate the flow and balance of vital energy in the body and to treat ailments or diseases of the mind, body, any wound, bodily injury, or deformity. The term includes therapies that use manual, mechanical, thermal, electrical, or electromagnetic treatment based on the principles of oriental medicine to prevent or modify the perception of pain or to normalize physiological functions including pain control for the treatment of diseases or dysfunction of the Yin and Yang organic systems, and includes the application of acupuncture needles, electro-acupuncture, electrodynamics stimulation, i.e., electro-stimulation, neuromuscular stimulation, etc., ultrasound, or diathermy devices, cold lasers, magnets, cupping, moxibustion, heat and cold therapy, i.e., heat and cold pads, heat lamp, infrared heat, etc., hydrotherapy, acupressure, Tui Na, oriental massage, massage therapy, Chi-gong, breathing techniques, therapeutic exercise, manual traction, natural medicine techniques, and nutrition, including the incorporation of drugless substances and herbs as dietary supplements to promote health. Ordering blood and laboratory tests, x-rays, or image tests to assist in making a diagnosis and monitoring a treatment plan is within the scope of practice of acupuncture and oriental medicine. It shall exclude operative surgery and the prescription of scheduled drugs.

(2)“Audiology” shall mean the application of principles, methods and procedures for measurement, testing, evaluation, prediction, counseling, selling, instruction, habilitation or rehabilitation related to hearing aids or ear molds, including the fitting of such devices, or disorders of hearing for the purpose of evaluation, identifying preventing, rehabilitating, ameliorating or modifying such disorders and conditions in individuals.

(3)“Chiropractic” shall mean the science, art, and philosophy of things natural, the science of locating and removing interference with the transmissions or expression of nerve forces in the human body, by the correction of misalignments or subluxation of the articulations and adjacent structures, more especially those of the vertebral column and pelvis, for the purpose of restoring and maintaining health. It shall include the use of all natural agencies to assist in the healing art, such as food, water, heat, cold, electricity, mechanical appliances, and the ordering of laboratory tests. The use of imaging procedures shall be limited to skeletal imaging and shall exclude the therapeutic use of X-radiation, the use of contrast studies that introduce dyes, isotopes, or similar contrast media through the skin, orally, via catheterization or retrograde into any body cavity. It shall exclude operative surgery and the prescription of scheduled drugs.

(4)“Clinical psychology” shall mean the subspecialty in psychology which is primarily concerned with assessing and alleviating emotional, mental and behavioral disorders in a hospital, institution or other clinical setting.

(5)“Individual, marriage and family therapy” shall mean the intervention of a licensed therapist in assisting clients in individual, marriage and family therapy.

(6)“Occupational therapy” shall mean the evaluation and treatment provided to people whose lives have been disrupted by physical injury, illness, developmental problems, the aging process, or psychosocial or cognitive difficulties. Treatment entails the assessment, evaluation and treatment to assist each individual to achieve or return to an independent and productive life through techniques which prevent disability, assisting the individual in recovery from illness or accident, and by promoting the development of functions which may have been impaired or delayed. The treatment provided may include, but shall not be limited to, the adaptation of the environment and the selection, design and fabrication of assistive and orthotic devices, and other technology to facilitate development and promote the acquisition of functional skills through purposeful activity.

(7)“Physical Therapy” means the utilization of scientific principles for the evaluation and treatment of any disability, injury or disease by the use of physical, chemical or mechanical means, CH. 12 MEDICAL PRACTICES - PART I including, but not limited to, heat, cold, air, light, sound, electricity, water, massage, therapeutic exercise and rehabilitative procedures, with or without assistive devices, for the purpose of preventing, correcting or alleviating dysfunction resulting from such disability, injury or disease; the performance of tests and measurements of neuromuscular function as an aid to the diagnosis or treatment of human condition; performance of treatments on the basis of test findings; supervision of selective forms of treatment by trained supportive personnel; dry needling, but only as provided in this Article and by Board rules and regulations; and the provision of consultative services for health, education and community agencies; provided, however, that physical therapy shall not include radiology or electrosurgery. Physical therapy and physical therapy services are not generic terms; they are the use of any intervention, including physical agent modalities/ electrotherapy, that is provided by, or under the direction of, a licensed, physical therapist.

(8)[Renumbered § 12202(a)(8)]

(9)[Renumbered § 12202(a)(9)]

(10)“Speech-language pathology” shall mean the application of principles, methods and procedures for the measurement, testing, evaluation, prediction, counseling, introduction, habilitation or rehabilitation related to the development and disorders of speech, voice, fluency or language, for the purposes of evaluating, identifying, treating, preventing, ameliorating or modifying such disorders and conditions in individuals or groups of individuals.

(11)“Veterinary medicine” shall mean veterinary surgery, obstetrics, dentistry means to diagnose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental condition, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or therapeutic or diagnostic substance or technique, or the use of any manual or mechanical procedure for artificial insemination, testing for pregnancy or for correcting sterility or infertility, or to render advice or recommendation with regard to any of the above;

(12)“Respiratory Therapy” means the treatment and the management of pulmonary diseases with medications and machines provided to patients “whose condition or illness is that of (breathing).”

(13)“Dietetics and Nutrition Practice” shall mean the integration and application of scientific principles derived from the study of food, nutrition, biochemistry, metabolism, nutrigenomics, physiology, food management, and from behavioral and social sciences in achieving and maintaining health throughout the life span and in providing nutrition care services, including medical nutrition therapy; assessing and evaluating the nutritional needs of individuals and groups, and determining resources and constraints in the practice setting, including ordering nutrition-related laboratory tests to check and track nutrition status and monitor effectiveness of dietary plans and orders; establishing priorities, goals and objectives that meet nutritional needs and are consistent with available resources and constraints; providing nutrition counseling in health and disease; developing, implementing, and managing nutrition care systems; evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services; and ordering therapeutic diets, for the prevention, management, and treatment of disease. This term includes, but is not limited to, nutrition assessment; nutrition diagnosis; nutrition intervention, including the ordering of patient diets, nutritional supplements; monitoring and evaluation of nutrition care plans; nutrition support, including the ordering of enteral and parental nutrition, medical food; dietary and nutritional counseling and education regarding food, nutrient and prescription drug interactions; and the development and administration of nutrition care standards and systems. The practice of dietetics and nutrition does not include the medical differential diagnosis of the health status of an individual. CH. 12 MEDICAL PRACTICES - PART I

(14)“Home Nursing Administration” means the leadership requirement to manage a home nursing institution.

(15)“Other allied health professions” shall mean those allied health profession not having separate Board of Examiners enacted by I Liheslaturan Guåhan that the Board of Allied Health Examiners incorporates into the licensing procedure under this Act.

(b)Terms. The following terms shall have the following definitions:

(1)“Applicant” shall mean a person seeking licensure to practice an allied health profession on Guam.

(2)“Board” means the Board of Allied Health Examiners.

(3)[Repealed.]

(4)“Endorsement” shall mean evidence of current licensure by a state or jurisdiction of the United States.

(5)“License” shall mean a certificate issued to an applicant by the Guam Board of Allied Health Examiners which indicates that the person whose name appears on the certificate has been found qualified to engage in the practice of an allied health profession as stated thereon.

(6)“Licensee” means any person currently licensed by the Guam Board of Allied Health Examiners.

(7)“Person” shall mean any individual, firm, partnership, association, joint venture, cooperative or corporation, or any other group or combination, acting in concert, whether or not acting as a principal, trustee, fiduciary, receiver or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer or any other representative of such person, except that only individuals can be licensed under the rules and regulations.

(8)“Practice a healing art profession” shall mean to use any title, words, abbreviation, or letters, or by any other means to represent directly or indirectly, publicly or privately, an ability or willingness to perform any of the acts constituting the practice of any allied health profession under the purview of the Board.

(9)“Practitioner” shall mean a physician, podiatrist, veterinarian, optometrist, clinical psychologist or physician’s assistance who is authorized to prescribe, order or administer drugs in connection with medical treatment to the extent provided by the rules and regulations of the practitioner’s respective Board(s).

(10)“Prescription” shall mean an order for drugs, treatment or devices written, signed or transmitted by word of mouth or telephone by a practitioner of the healing art.

(11)“Supervision” shall be one of the following:

(A)“Direct supervision” shall mean supervision whereby a licensee diagnoses the condition to be treated, approves the work to be performed and remains on the premises while the procedures are being performed.

(B)“Indirect supervision” shall mean supervision whereby a licensee authorizes the procedures which are being carried out, but need not be present on the premises when the authorized procedures are being performed. The licensee must be available on Island by telecommunications. CH. 12 MEDICAL PRACTICES - PART I

(C)“Exceptions”. The definition of exceptions to the act shall include:

(i)those providing service in cases of emergency where no fee or other consideration is contemplated, charged or received;

(ii)personnel of the armed forces of the United States and of the United States Public Health Service or the Veterans Administration of the United States in the discharge of their official duties and/or within Federally controlled facilities;

(iii)those practicing any other of the healing arts in accord with and as provided by the laws of Guam;

(iv)those practicing the tenets of a religion or ministering to the sick or suffering by mental or spiritual means in accord with such tenets; provided, that no person should be exempt from the public health laws of Guam or the Federal government;

(v)a person administering a lawful domestic or family remedy to a member of his or her own family; and

(vi)those fully licensed to practice allied health in another jurisdiction of the United States who briefly render emergency treatment, or briefly provide critical services at the specific lawful direction of an institution or Federal agency that assumes full responsibility for that treatment or service.