EMS Commission

The EMS 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 ccomponents 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 EMD, EMR, EMT, AEMT and ALS 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 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 that is substantially related to the qualifications, functions, and duties of prehospital 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;

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 EMT-B, EMT-I, or EMT-O, from assisting a peace officer, or a peace officer who is acting in the dual capacity of peace officer and EMT-B, EMT-I, or EMT-O, 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.