JIC RELEASE NO. 862 - DPHSS Issues Guidance Memorandum 2022-05

DPHSS Guidance Memorandum 2022-05
Today, the Department of Public Health and Social Services (DPHSS) issued Guidance Memorandum 2022-05, relative to amending vaccination requirements and limitations on social gatherings and congregations, in accordance with Executive Orders No. 2021-20, and 2021-29 during the current Pandemic Condition of Readiness 3 (PCOR 3), which was declared by Executive Order No. 2021-16 on July 21, 2021.

DPHSS Guidance Memo 2022-05 rescinds DPHSS Guidance Memorandum 2021-24 and supersedes all previous DPHSS guidance documents that are in effect, in whole or in part, including DPHSS Guidance Memorandum 2021-18 which contradict or conflict with Executive Order 2021-29 and 2022-05. 

DPHSS Guidance Memo 2022-05 provides requirements for congregations and social gatherings, signage, vaccination requirements and covered establishments, including the following provisions:

• Covered Establishments shall require individuals, including guests, patrons, performers, employees, volunteers, participants, and coaches who are twelve (12) years plus 1 month of age and older to show proof that they are vaccinated to enter their facilities or premises, except for Eating and Drinking Establishments for outdoor dining.

• The following are acceptable proof of vaccination:

  • Self-attestation that the individual has received at least one shot of a recommended series of vaccination as provided in DPHSS Guidance Memo 2022-05.

    • Covered Establishments that accept self-attestation as proof of vaccination must have guests, patrons, performers, volunteers, participants, and coaches acknowledge and sign the attached Self-Attestation Form (DPHSS Form SA-1), keep this Form on file for a period of 30 days, and submit it to DPHSS upon request. Covered Establishments are not required to accept self-attestation as proof of vaccination, and may impose stricter requirements than imposed herein.

    • Pursuant to Title 9 Guam Code Annotated, Chapter 52 Section 52.20, a person who makes a false statement under oath which he/she does not believe to be true with the intent to mislead a public servant in performing his official function is guilty of a misdemeanor.

    • Pursuant to Title 9 Guam Code Annotated, Chapter 52 Section 52.30, a person who, with intent to mislead a public servant in performing his official function, makes, submits or uses a written false statement of his own which he does not then believe to be true is guilty of a misdemeanor.

  • CDC vaccination card, which includes name of person vaccinated, type (name) of vaccine provided, and date of the last dose administered, or similar documentation issued by another foreign governmental jurisdiction; the unauthorized use of an official government agency’s seal (such as the Department of Health and Human Services (HHS) or the Centers for Disease Control and Prevention (CDC) is a crime, and may be punishable under Title 18 United States Code, Section 1017, and other applicable laws;

  • Photo or copy of a vaccination card as a separate document;

  • Photo of the vaccination card stored on a phone or electronic device;

  • Documentation of vaccination from a healthcare provider;

  • Printed WebIZ documentation of vaccination information;

  • Copy of personal digital COVID-19 vaccine record or similar documentation issued by DPHSS, another State, local, or foreign governmental jurisdiction;

  • Proof of medical or religious exemption to vaccination issued by DPHSS; or

  • Other proof as approved by DPHSS.

• Prior to entry into the facility, Covered Establishments must verify the vaccination status of each individual who intends to utilize the indoor portions of the facility.

  • Individuals who do not provide proof of vaccination as required may not use indoor portions of such facilities except to order, pick up, or pay for food or drink for take-out orders, provided such individual properly wears a face mask.

  • Covered Establishments are prohibited from serving any individual who fails to provide proof of vaccination as provided herein. 

• Organizers of contact and non-contact sports events and activities must refuse to allow coaches and participants twelve (12) years plus one (1) month of age and older who fail to show proof of vaccination status as provided herein from participating in any contact and non-contact sports, trainings, or competitions. 

• Subject to the exceptions below, and any applicable federal or local laws requiring accommodation, Covered Establishments must ensure all employees who routinely work onsite provide proof that they are vaccinated before entering or working in any facility.

  • Consistent with applicable privacy laws and regulations, Covered Establishments must maintain records of employee vaccination or exemption status, and provide these records to DPHSS promptly upon request, and in any event no later than the next business day after receiving the request.

  • Individuals who deliver goods or packages are not subject to the requirements stated herein.

  • In the event an employee of a Covered Establishment declines to receive a COVID-19 vaccination or provide proof of such vaccination, they will be required to undergo and submit proof of a negative COVID-19 test once weekly.  The Covered Establishment must maintain records of test results for a period of not less than 60 days.

  • Individuals seeking a medical or religious exemption to vaccination shall submit an official request with supporting document(s) to publichealth@dphss.guam.gov, or delivered to Immunization Program of DPHSS, located in Castle Mall, Unit #9, 130 University Drive, Mangilao, Guam 96913, from 8:00 am to 12:00 pm., Monday through Friday except recognized Government of Guam holidays.  Employee may continue to work while waiting for issuance of DPHSS exemption. Employees who receive medical or religious exemption shall be required to undergo a COVID-19 test once weekly.

  • Any employee who fails to provide a proof of vaccination or a valid exemption to vaccination shall be required to undergo a COVID-19 test once weekly.

For further questions, contact the Division of Environmental Health at 671-300-9579 from 8 am to 5:00 pm, Monday through Friday, or email, dphss-deh@dphss.guam.gov.

To read DPHSS Guidance Memo 2022-05 in its entirety, CLICK HERE.

Click here to view DPHSS-Guidance-Memo-2022-05-ReAmendments-on-Vaccination-Requirements-11.19.2021-1