Compulsory Reporting and Investigation

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

(1)all professionals licensed under the Act;

(2)all licensed health care providers;

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

(4)all government/with services involving health care activities;

(5)all law enforcement agencies in Guam;

(6)all courts in Guam; and

(7)all peer review bodies on Guam.

(b)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).

(c)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 an allied health profession.

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

(e)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.

(f)The Board shall promptly acknowledge all reports received under this Section. Persons or entities reporting under this Section shall also be promptly informed of the Board’s final disposition of the matter reported.