Guam § 84107 - Purpose.

§ 84107. Purpose.

The Commission:

(a) shall monitor, review, and evaluate on an ongoing

basis the operations, administration, and efficacy of the EMS

system, or any components thereof, to determine conformity

with and maximum implementation of this part;

(b) shall participate in any planning or other

policymaking with regard to the EMS system, and seek the

participation of the public, including health planning

councils in its consideration of plans and policies relating to

the EMS System.

(c) shall adopt and promulgate rules and regulations for

the operation and implementation of the EMS System, the

administration of the Commission, and the standards for

certification and re-certification of emergency medical

services facilities, personnel, equipment, supplies,

ambulance, advanced life support vehicles, emergency

ambulance services, private non-emergent medical transport

vehicle providers, communications, facilities, and locations

engaged in providing emergency medical services under this

Chapter, in accordance with the Administrative Adjudication

Law;

(d) shall advise the Office of EMS in formulating a

master plan for emergency medical services, including

medical communication, the enhanced 911 system, and other

components necessary to meet the emergency medical needs

of the people of Guam;

(e) shall make and from time to time may alter such

rules as it deems necessary for the conduct of its business and

for the execution and enforcement of the provisions of this

Chapter;

(f) the EMS Commission will deny, suspend, or

revoke any NREMR, NREMT, NAEMT and NRP license

issued under the Office of EMS, for the following actions:

(1) fraud in the procurement of any certificate or

license under the Office of EMS;

(2) gross negligence;

(3) listed on the Sex Offender Registry;

(4) repeated negligent acts;

(5) incompetence;

(6) the commission of any fraudulent, dishonest,

or corrupt act that is substantially related to the

qualifications, functions, and duties of pre-hospital

personnel;

(7) conviction of any crime which is substantially

related to the qualifications, functions, and duties of pre-

hospital personnel. The record of conviction or a

certified copy of the record shall be conclusive evidence

of the conviction;

(8) violating or attempting to violate directly or

indirectly, or assisting in or abetting the violation of, or

conspiring to violate, any provision of the Office of

EMS or the regulations adopted by the authority

pertaining to pre-hospital personnel;

(9) violating or attempting to violate any federal

or state statute or regulation that regulates narcotics,

dangerous drugs, or controlled substances;

(10) addiction to, the excessive use of, or the

misuse of, alcoholic beverages, narcotics, dangerous

drugs, or controlled substances;

(11) functioning outside the supervision of medical

control in the field care system operating at the local

level, except as authorized by any other license or

certification;

(12) demonstration of irrational behavior or

occurrence of a physical disability to the extent that a

reasonable and prudent person would have reasonable

cause to believe that the ability to perform the duties

normally expected may be impaired;

(13) unprofessional conduct exhibited by any of

the following:

(A) the mistreatment or physical abuse of any

patient resulting from force in excess of what a

reasonable and prudent person trained and acting in

a similar capacity while engaged in the

performance of his or her duties would use if

confronted with a similar circumstance. Nothing in

this Section shall be deemed to prohibit an

NREMR, NREMT, NAEMT and NRP from

assisting a peace officer, or a peace officer who is

acting in the dual capacity of peace officer and

NREMR, NREMT, NAEMT and NRP, from using

that force that is reasonably necessary to effect a

lawful arrest or detention;

(B) the failure to maintain confidentiality of

patient medical information, except as disclosure is

otherwise permitted or required by law;

(C) the commission of any sexually related

offense specified under the Penal Code; and

(D) any actions that shall be considered evidence of a threat

to the public’s health and safety.