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 Title 27 Virgin Islands Code, chapter 20 is repealed and reenacted with 2 the following amendments: 3 § 531.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