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COMMITTEE ON HEALTH, HOSPITALS AND HUMAN SERVICES 06/25/2025-AMENDED AND REPORTED OUT TO THE FLOOR 05/27/2025-REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY BILL NO. 36-0050 Thirty-Sixth Legislature of the Virgin Islands March 28, 2025 An Act repealing and reenacting with amendments title 27 Virgin Islands Code, chapter 20, relating to the regulation of the profession of social work and social workers PROPOSED BY: Senators Novelle E. Francis, Jr. and Marvin A. Blyden Co-sponsors: Ray Fonseca and Milton E. Potter Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 27 Virgin Islands Code, chapter 20 is repealed and reenacted with 2 the following amendments: 3 § 531. Definitions 4 As used in this chapter: 5 (a) “Board” means the Virgin Islands Board of Social Work Licensure. 6 (b) “Practice of social work” means applying the formal knowledge base, 7 theoretical concepts, specific functional skills, and essential social values that are used to 8 effect change in human behavior, emotional responses, and social conditions, and it also 9 entails helping individuals, couples, families, groups, and community organizations 10 enhance or restore their capacities for personal and social functioning while preventing 11 and controlling social problems. Social work practice is the professional application of 12 social work values, principles, ethics, and techniques in the following areas: 13 2 (1) information, resource identification, referral services, mediation 1 services, advocacy services, and education of individuals, groups, couples, and 2 families; 3 (2) preparation and evaluation of assessments and development and 4 implementation of social work service plans; 5 (3) case management, coordination, casework intervention, and 6 monitoring of social work service plans in the areas of personal, social, or economic 7 resources, conditions, or problems; 8 (4) administration and development of social service programs, policies, 9 community organization, planning, implementation, and involvement in the 10 evaluation of social systems and social policies; 11 (5) social work consultation and resource development; 12 (6) research through the formal design and methodology of data collection 13 and the analysis and evaluation of data, social work programs, social systems, and 14 social policies; 15 (7) psychosocial assessment, diagnostic impressions, treatment of 16 individuals, couples, families, and groups, prevention of psychosocial dysfunction, 17 disability, or impairment, including emotional, mental, and behavioral disorders, 18 and evaluation of practice effectiveness; and 19 (8) clinical diagnosis or psychotherapy, or both, provided by a licensed 20 clinical social worker. 21 § 532. Practice of social work 22 (a) Unless otherwise exempted, no person may engage in the practice of social work 23 unless the person is licensed under this chapter as a social work associate, licensed social 24 worker, licensed master social worker, or licensed clinical social worker. 25 3 (b) The scope of the practice of social work is limited as follows: 1 (1) A “social work associate” or “SWA” may perform duties set forth in 2 paragraphs (1) to (3) of section 531(b) as an employee of a governmental agency, 3 a health facility, an educational institution or other entity approved by the Board 4 providing social services under the supervision of an individual who is licensed as 5 a licensed master social worker or licensed clinical social worker. 6 (2) A “licensed social worker” or “LSW” may perform duties set forth in 7 paragraphs (1) to (4) of section 531(b) as an employee of a governmental agency, 8 a health facility, an educational institution or other entity approved by the Board 9 providing social services under the supervision of an individual who is licensed as 10 a licensed master social worker or licensed clinical social worker or, as applicable, 11 a person who retains the license of certified independent social worker in 12 accordance with § 536(b). 13 (3) A “licensed master social worker” or “LMSW” may perform duties set 14 forth in paragraphs (1) to (7) of section 531(b). A licensed master social worker 15 may not engage in clinical social work, except for the purpose of obtaining 16 experience required to be a licensed clinical social worker, or as applicable, a 17 person who retains the license of certified independent social worker in accordance 18 with § 536(b). 19 (4) A “licensed clinical social worker” or “LCSW” may perform duties set 20 forth in paragraphs (1) to (8) of section 531(b). 21 (c) No social work associate may practice except under the supervision of a licensed 22 master social worker or licensed clinical social worker or, as applicable, a person who retains 23 the license of certified independent social worker in accordance with § 536(b). 24 4 (d) No person may engage in the independent practice of social work unless licensed 1 under this chapter as a licensed clinical social worker, or as applicable, a person who retains 2 the license of certified independent social worker in accordance with § 536(b). 3 (e) The practice of social work without a license is a misdemeanor punishable by a 4 fine of not less than $100 but not more than $500. 5 § 533. License by examination 6 (a) Every applicant for a license under this chapter shall submit to the Board, in the 7 form prescribed by the Board, evidence satisfactory to the Board that the applicant is of good 8 moral character and meets the education, experience and training requirements. 9 (b) In addition to the requirements in subsection (a), the Board shall issue a license as 10 a “social work associate” to an applicant who: 11 (1) has a baccalaureate degree in a non-social work field from a college or 12 university approved by the Board; and 13 (2) has passed the examination designated by the Board. 14 (c) In addition to the requirements in subsection (a), the Board shall issue a license as 15 a “social worker” to an applicant who: 16 (1) has a baccalaureate degree in social work from a college or university 17 approved by the Board or has a baccalaureate degree in a non-social work field or 18 discipline, and not less than two years’ post-baccalaureate degree experience in a social 19 work capacity; and 20 (2) has passed the examination designated by the Board. 21 (d) In addition to the requirements in subsection (a), the Board shall issue a license as 22 a “licensed master social worker” to an applicant who: 23 (1) has a doctorate or master's degree in social work from a college or university 24 approved by the Board; and 25 5 (2) has passed the examination designated by the Board. 1 (e) In addition to the requirements in subsection (a), the Board shall issue a license as 2 a “licensed clinical social worker” to an applicant who: 3 (1) has a doctorate or master’s degree in social work from a college or university 4 approved by the Board or other individual approved by the Board; and 5 (2) has had not less than two years of post-doctorate or post-master experience 6 in the practice of social work under the direct clinical supervision of a licensed clinical 7 social worker; and 8 (3) has passed the examination designated by the Board. 9 § 534. License by endorsement 10 (a) The Board may issue a license without examination to an applicant who has 11 satisfied to the Board that the applicant has passed an examination and is or has been licensed 12 or registered under the laws of another state, territory, or political subdivision of the United 13 States, whose standards, in the opinion of the Board, are the substantial equivalent of the 14 requirements of section 533, and whose license has not been suspended or revoked by the 15 licensing jurisdiction. 16 (b) An applicant for licensure under this section is only eligible for licensure at the 17 equivalent designation recognized in the jurisdiction in which the applicant for a license by 18 endorsement is currently licensed. 19 § 535. License requirement 20 (a) Except as otherwise provided in this chapter, it is unlawful for an individual to 21 engage, or otherwise attempt to engage, in the practice of social work unless licensed as a social 22 work associate, licensed social worker, licensed master social worker, or licensed clinical social 23 worker under the applicable provisions of this chapter. No persons licensed under this chapter 24 may engage in the practice of social work beyond the scope of their license. 25 6 (b) No person may purport to be a social worker or qualified to engage in the practice 1 of social work, by using the titles “social work associate”, “licensed social worker”, “licensed 2 master social worker” or “licensed clinical social worker”, or use the letters “SW”, “SWA”, 3 “BSW”, “LSW”, “MSW”, “LMSW”, or “LCSW” or use any or symbols indicating or tending 4 to indicate that the person is a social worker, social work associate, licensed social worker, 5 licensed master social worker, or licensed clinical social worker, or engage in the practice of 6 social work as defined in this chapter or hold themselves out to the public by title or description 7 of service as being engaged in the practice of social work without meeting the applicable 8 requirements and holding a license as set forth in this chapter. 9 (c) The Board shall reissue the appropriate redesignated license to a person licensed 10 before the passage of this chapter as a “social worker”, “certified social worker” or “certified 11 independent social worker”. Notwithstanding the foregoing, a license issued to “social 12 worker”, “certified social worker” or “certified independent social worker” continues to be 13 valid for the duration of the license or until the Board issues an appropriate redesignated 14 license. A person licensed by the Board as a “social worker”, “certified social worker”, or 15 “certified independent social worker” may continue to use the prior designated licensure titles 16 for a period of two years or as otherwise provided by the Board. Except as specifically provided 17 otherwise, licensure titles are redesignated as follows: 18 (1) a “social worker” is redesignated as a “licensed social worker”; 19 (2) a “certified social worker” is redesignated as a “licensed master social 20 worker”; and 21 (3) a “licensed independent social worker” is redesignated as a “licensed clinical 22 social worker”. 23 (d) A person who, after a hearing, the Board finds to have unlawfully engaged, or 24 attempted to engage, in the practice of social work, or a person who knowingly assisted a person 25 7 to unlawfully engage in the practice of social work, is subject to a fine of not less than $100, 1 but not more than $1,000 for each offense. Violations of this section are also subject to the 2 penalties outlined in § 532(e), or other penalties permitted under this chapter, including § 3 539(b). 4 § 536. Exemption from requirement 5 (a) Licensure under this chapter is not required of: 6 (1) a person licensed in the Virgin Islands doing work within the scope of 7 practice or duties of the person's profession and ethics of their respective professions that 8 overlaps with the practice of social work; provided the person does not hold themselves 9 out to the public by title or description of service as being engaged in the practice of 10 social work; 11 (2) a student enrolled in an accredited educational institution in a recognized 12 program of study leading toward attainment of a degree in social work; provided, that the 13 student’s activities and services are part of a prescribed course of study supervised by the 14 educational institution and the student is identified by an appropriate title such as “social 15 work student”, “social work intern”, or any other title which clearly indicates the 16 student’s training status; or 17 (3) a person who is a duly recognized member of the clergy; provided, that the 18 person functions only within the person's capacities as a member of the clergy; and 19 provided further that the person does not purport to be a social worker. 20 (b) Notwithstanding the provision of 535(c)(3), a person licensed under the laws of the 21 Virgin Islands as a certified independent social worker who does not engage in clinical practice 22 shall maintain the license designation of certified independent social worker. A certified 23 independent social worker is subject to all the provisions of this chapter. 24 8 (c) A person exempted under this section is not engaged in the unlawful practice of 1 social work. 2 § 537. Confidentiality 3 (a) No social work associate, licensed social worker, licensed master social worker, or 4 licensed clinical social worker shall disclose any information acquired from or provided by a 5 client or from persons consulting with the social worker in a professional capacity except: 6 (1) with the written consent of a client or persons consulting with the social 7 worker in a professional capacity or their personal representative or, in the case of death 8 or disability, the person’s personal representative, or other person authorized to sue on 9 his behalf; 10 (2) that a social work associate, licensed social worker, licensed master social 11 worker, or licensed clinical social worker is not required to treat as confidential a 12 communication that reveals the contemplation of a crime or of a harmful act; 13 (3) when the person is a minor under the laws of the Virgin Islands and the 14 information acquired by a licensed social work associate, social worker, licensed master 15 social worker, or licensed clinical social worker indicates that the minor was the victim 16 or subject of a crime, or when the social work associate, licensed social worker, licensed 17 master social worker, or licensed clinical social worker may be required to testify fully 18 in any examination, trial, or other proceeding in which the commission of a crime is the 19 subject of inquiry; 20 (4) when the person waives the right of confidentiality by bringing charges 21 against the social work associate, licensed social worker, licensed master social worker, 22 or licensed clinical social worker; or 23 (5) pursuant to the order of a court of competent jurisdiction. 24 9 (b) A person having access to records or anyone who participates in providing social 1 work services, or who, in providing any human services, is supervised by a licensed master 2 social worker, licensed clinical social worker or other individual who may be providing direct 3 clinical supervision as required under § 533(2)(2) is similarly bound to regard all information 4 and communications as privileged in accordance with this section. 5 (c) Violation of this section is a misdemeanor punishable by a fine of not less than 6 $100. 7 § 538. Bribery, fraud, misrepresentation and false statements 8 The following are misdemeanors punishable by a fine of not less than $500, but not more 9 than $1,000: 10 (1) obtaining or attempting to obtain a license, certificate, or renewal thereof by 11 bribery or fraudulent representation; 12 (2) knowingly making a false statement in connection with or on an application; 13 or 14 (3) knowingly making a false statement on a form or in relation to a regulation 15 promulgated by the Board. 16 §539. Grounds for disciplinary proceedings 17 (a) The Board may deny an application or, after a hearing, refuse to renew, suspend, 18 revoke, censure, reprimand, restrict, or limit a license issued on proof that the person has 19 engaged in unprofessional conduct within the five years preceding the filing of the complaint 20 or the initiation of disciplinary action, including: 21 (1) conviction of a felony; 22 (2) conviction of a misdemeanor under this chapter; 23 (3) conviction of fraud or deceit in connection with the practice of social work 24 as defined in this chapter or in establishing qualifications under this chapter; 25 10 (4) aiding or abetting a person not licensed under this chapter who is falsely 1 representing themselves as a social worker licensed under this chapter; 2 (5) failing to be relicensed and continuing to represent themselves as licensed 3 after the expiration of their license; 4 (6) committing an act of gross negligence or condoning the act by an employee 5 or supervisee in the practice of social work; 6 (7) addiction to habit-forming drugs, which impairs the ability to perform their 7 work; or 8 (8) has knowingly violated a regulation of the Board. 9 (b) In addition to disciplinary powers provided in subsection (a), the Board may, after 10 a hearing, levy and collect administrative fines for violations of this chapter or a regulation of 11 the Board of not less than $100 but not more than $1,000, for each violation. Each violation 12 of this chapter or regulations of the Board pertaining to unlawfully engaging in the practice of 13 social work constitutes a misdemeanor punishable by a fine of not less than $100, but not more 14 than $1,000. 15 § 540. Disciplinary proceedings 16 (a) The Board shall conduct all hearings, which must be recorded by stenograph. 17 Board decisions must be made by majority vote. The Board shall give not less than 20 days 18 advance notice of a hearing, which notice must be served personally or by registered mail. 19 (b) The respondent has the right to: 20 (1) representation, either by counselor otherwise; 21 (2) cross-examination of witnesses; 22 (3) to call witnesses on the respondent’s behalf; and 23 (4) to subpoena witnesses and documents. 24 11 (c) Judicial review of the refusal to allow an examination, to grant a license, or the 1 review of a disciplinary hearing must be in accordance with Virgin Islands statutes regulating 2 judicial review of administrative action. 3 § 541. Renewal of licenses 4 (a) All licenses are effective when issued by the Board. 5 (b) A license issued under this chapter is valid for two years from the date of 6 issuance and expires on the last day of the month of February. 7 (c) A license may be renewed by the payment of the renewal fee and by the completion 8 and submission—on a form provided by the Board—of a sworn statement by the applicant that 9 the license has been neither revoked nor is currently suspended. 10 (d) Failure of a licensee to renew the license biennially and before expiration as 11 established under subsection (b), deprives the licensee of the right to practice until 12 reinstatement of the license. The license may be reinstated at any time during the first 24 13 months immediately following the date the license expired by payment of any penalty or 14 reinstatement fees established by the Board, in addition to the established renewal fee. Failure 15 of a licensee to be reinstated during the first 24 months immediately following the date the 16 license expired requires the individual, before resuming practice in the Virgin Islands, to submit 17 an application on the prescribed form, and to meet all other requirements for licensure. This 18 subsection may not be construed to permit a person to engage in the practice of social work in 19 the Virgin Islands without a valid and active license. 20 (e) The Board shall adopt a program of continuing education to ensure that all licensees 21 remain informed of those professional subjects that the Board considers appropriate to the 22 practice of social work. The Board may by regulation describe the methods by which the 23 requirements of the program must be satisfied. The licensee failure to meet the requirements 24 of continuing education results in nonrenewal of a license. 25 12 (f) A person licensed under this chapter who is not engaged in the practice of social 1 work or who does not live in the Virgin Islands may request, in writing, that the Board place 2 that person’s license in inactive status. 3 § 542. Fees 4 The Board shall establish and published fees. The Board shall file an annual report of its 5 activities with the Governor of the Virgin Islands and the report must include a statement of all 6 receipts and disbursements. 7 § 543. [Reserved for Future Use.] 8 § 544. [Reserved for Future Use.] 9 § 545. [Reserved for Future Use.] 10 BILL SUMMARY 11 This bill repeals and reenacts the provisions regulating the profession of social work and 12 social workers. Specifically, the bill sets forth the scope of practice within the profession and 13 the qualifications that must be met to be qualified in each practice area; it provides for the 14 requirement for reciprocity of licensed social worker from another jurisdiction, providing the 15 requirements that must met; it also provides the circumstance under which a license is not 16 required to practice social work in the Virgin Islands; it list the circumstances that client 17 confidential must be maintained; the grounds upon which disciplinary action will be taken 18 against a social worker, and the nature and procedure for disciplinary action; it sets for the 19 punishment for the commission of bribery, fraud, misrepresentation or provide false statements 20 to the Virgin Islands Board of Social Work Licensure; it also sets for the procedure and 21 requirements for license renewal; and finally, it gives the Board the authority to establish and 22 publish fees and requires the Board to file an annual report of its activities to the Governor. 23 BR25-0194A/March 18, 2025/SLR 24 S:\AMENDS\36th Legislature\FRANCIS, JR., NOVELLE E\Amendment 36- 25 407\Amendment No. 36-407 - (REVISED) DRAFTED ON YELLOW.docx 26