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 Title 27 Virgin Islands Code, chapter 20 is repealed and reenacted with 2 the following amendments: 3 § 531.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