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Article 2 Physicians Practice Act.

12201 Statement of Policy

The practice of medicine is a privilege granted by the people acting through their elected representatives. It is not a natural right of individuals. In the interests of public health, safety and welfare, and to protect the public from the unprofessional, improper, incompetent, unlawful, fraudulent and/or deceptive practice of medicine, it is necessary to provide laws and regulations to govern the granting and subsequent use of the privilege to practice medicine. The primary responsibility and obligation of the Guam Board of Medical Examiners is to protect the people of Guam.

12202 Definitions
(a) For purposes of this Article, the definition of the practice of medicine should include the following words and phrases which are defined to mean:


(1) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in the jurisdiction;


(2) offering or undertaking to prescribe, order, give or administer any drug or medicine for the use of any other person;


(3) offering or undertaking to prevent or to diagnose, correct and/or treat in any manner or by any means, methods, or devices any disease, illness, pain, wound, fracture, infirmity, defect or abnormal physical or mental condition of any person, including the management of pregnancy and parturition;


(4) offering or undertaking to perform any surgical operation upon any person;


(5) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient, or the actual rendering of treatment to a patient within a state by a physician located outside the state as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent;


(6) rendering determination of medical necessity or appropriateness of proposed treatment; and


(7) using the designation Doctor, Doctor of Medicine, Doctor of Osteopathy, Physician, Surgeon, Physician and Surgeon, Dr., M.D., D.O. or any combination thereof in the conduct of any occupation or profession pertaining to the prevention, diagnosis or treatment of human disease or condition, unless such a designation additionally contains the description of another branch of the healing arts for which one holds a valid license in the jurisdiction.


(b) The definition of exceptions to the Act include the following:


(1) students while engaged in training in a medical school approved by the Guam Board of Medical Examiners, or while engaged in graduate medical training under the supervision of the medical staff of a hospital or other health care facility approved by the Guam Board of Medical Examiners for such training, except that those engaged in graduate medical training shall hold a limited license issued by the Guam Board of Medical Examiners for such training;


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


(3) commissioned medical officers of the armed forces of the United States and medical officers 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, provided that such persons who hold medical licenses in the jurisdiction should be subject to the provisions of the Act and provided that all such persons should be fully licensed to practice medicine in one (1) or more jurisdictions of the United States;


(4) those practicing dentistry, nursing, optometry, podiatry, psychology or any other of the healing arts in accord with, and as provided by the laws of Guam;


(5) 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;


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


(7) those fully licensed to practice medicine in another jurisdiction of the United States who briefly render emergency medical treatment or briefly provide critical medical service at the specific lawful direction of a medical institution or Federal agency that assumes full responsibility for that treatment or service and is approved by the state medical board.


(8) A licensed physician who resides outside of Guam within a State, Federal jurisdiction or country is not subject to Guam medical licensure requirements where said licensed physician is providing consultation to a Guam licensed physician through the use of telemedicine technology if:


(A) the non-resident licensed consulting physician operates no clinical practice or office on Guam;


(B) the non-resident licensed consulting physician does not render any final written or otherwise documented final medical opinion concerning the diagnosis or treatment of a patient on Guam directly to the patient; and


(C) the non-resident licensed consulting physician does not render any treatment to any patient on Guam.


(D) The non-resident licensed consulting physician may render care and provide final diagnostic and treatment decisions without an active Guam license if the consultant is to act as a receiving physician for the patient in the consultant’s jurisdiction.


(E) The non-resident licensed consulting physician may render care and provide diagnostic and treatment recommendations without an active Guam license if the consulting physician acts jointly and directly with the local attending physician of the patient who is the subject of the consultation.


(F) The non-resident licensed consulting physician rendering consultation shall abide by all local and federal laws with regard to patient confidentiality.


SOURCE: Added as part of Article 2 by P.L. 24-208:3(May 13, 1998). Subsection (b)(8) added by P.L. 29-092:3. (July 18, 2008).
12203 Guam Board of Medical Examiners
12204 Examinations
12205 Requirements for full Licensure
12206 Graduates of Foreign Medical Schools
12207 License by Endorsement and Temporary and Special Licensure
12208 Limited Licensure for Physicians in Postgraduate Training
12209 Disciplinary Action against Licensees
12210 Procedures for Enforcement and Disciplinary Action
12211 Impaired Physicians
12212 Compulsory Reporting and Investigation
12212.1 Public Disclosure of a Physician Profile
12212.2 Method of Disclosure
12212.3 Disclaimers and Explanatory Statements
12213 Protected Action and Communication
12214 Unlawful Practice of Medicine: Violations and Penalties
12215 Renewal of Liscensure