USVI Public Records

(a) The Commissioner of Health may by regulation declare any disease to be a communicable disease, and may prescribe the procedure which is to be followed by the patient or person suffering therefrom, the parents of the patient, the householder, the physician attending the patient, or any individual brought into contact with or responsible for the care or maintenance of the patient, in order that the transference of the disease to other individuals may be prevented. The regulations shall become effective upon approval by the Governor. (b) Regulations in force on the effective date of this Code, covering the subject matter for which regulations are authorized under subsection (a) of this section, shall continue in force and effect until amended or superseded by regulations promulgated thereunder.

The regulations authorized in section 1 of this title may provide- (1) quarantine or isolation of the patient, of any persons who have been exposed to the patient and therefore liable to have contracted the disease, or of any carrier of the disease; (2) placarding by a suitable sign intended to be recognizable by the public, the premises, house, tenement or room in which the person ill of, or exposed to, the disease may be; (3) any other matter relating to the care of and due to the illness of the patient from such a communicable disease while the patient is living and ill from the disease, or to the disposal of his body when dead; (4) removal of the patient from, and his return to, school; and (5) any other matter or procedure of interest in the protection of the public.

Health Venereal diseases are held to be infectious, communicable and dangerous to the public health and welfare. The control of venereal diseases in the Virgin Islands shall be vested in the Commissioner of Health. The Commissioner shall exercise every effort to cure and prevent the spread of such diseases. Syphilis, gonorrhea, chancroid, granuloma inguinale and lymphopathia venereum are declared venereal diseases.

Physicians employed by the Virgin Islands and privately practicing physicians shall report patients being treated by them for venereal disease to the Commissioner of Health. Privately practicing physicians may report their patients by number but if treatment is refused, or the patient stops treatment before being discharged cured, the physicians shall report such delinquencies by name and give such information as may be necessary to identify such patients to the Commissioner of Health. Physicians reporting patients with venereal disease shall examine or cause to be examined contacts of the patient reported. If any patient refuses to divulge identity of contacts, his name shall be reported by the physician to the Commissioner of Health. If known contacts refuse to be examined, their names, likewise, shall be reported by the physicians concerned to the Commissioner of Health.

Confidentiality of Tests and Information; Penalties For Breach of Confidentiality; Failure to Comply With Reporting Requirements (a) Each physician who diagnoses and/or treats a person for the Human Immunodeficiency Virus (HIV) or the Acquired Immunodeficiency Syndrome (AIDS), and each laboratory which concludes with a result diagnostic of HIV infection or AIDS shall report such fact(s) to the Commissioner of the Department of Health, or an authorized representative, in the manner prescribed by the Commissioner of Health pursuant to rules and regulations promulgated by the Department of Health but which shall ensure the confidentiality of such reporting. (b) The Commissioner shall promulgate rules and regulations specifying the manner in which the reporting required in subsection (a) of this section shall occur utilizing a single suitable method or a combination of methods, which shall contain identifying information of persons and which shall ensure the confidentiality of the report. (c) In addition to the rules and regulations required by subsection (b) of this section, the Commissioner shall promulgate rules and regulations specifying the information required, and a minimum time period for reporting cases of HIV infection and AIDS not to exceed two weeks. In adopting such rules and regulations, the Commissioner shall consider the need for information, protection for the privacy and confidentiality of the patient, and the practical ability of persons and laboratories to report in a reasonable fashion. (d) The Commissioner shall require reporting of all physician diagnosed cases of AIDS based upon diagnostic criteria, as set forth by the Centers for Disease Control of the United States Public Health Service. The report shall contain identifying information of persons and other information required by the Department of Health. (e) The rules and regulations required to be promulgated by the Commissioner of Health pursuant to this section shall specify the protocol for the reporting required or permitted by subsections (a) and (d), of this section. The protocol developed for implementation of subsection (a) and (d) shall include information to be given to the client during HIV pre- and post-test counseling; establishing the availability of partner notification through the Department of Health or an authorized representative; the benefits of the aforementioned services; and the confidentiality protection available as part of such services. (f) (1) All tests, information and records held by the Department of Health or its authorized representatives and by hospitals and other medical facilities relating to known or suspected cases of HIV infection and AIDS shall be strictly confidential. Such information shall not be released or made public by the Department of Health or its authorized representatives, any hospital or other medical facility, or by a court or parties to a lawsuit upon revelation by subpoena, except that release may be made with the consent of all persons to which the information applies, for statistical purposes, and medical or epidemiologic information is summarized so that no person can be identified and no names are revealed, and to medical personnel, appropriate territorial or state agencies, or courts of appropriate jurisdiction, to enforce the provisions of this section and section 32b. (2) When disclosure is made pursuant to a subpoena, such information shall be sealed by the court from further disclosure, except as deemed necessary by the court to reach a decision, unless otherwise agreed to by all parties. Except as provided in this section, such information that is disclosed pursuant to a subpoena or through testimony in a civil or criminal proceeding is confidential. (3) No employee of the Department of Health, any hospital, or other medical facility, shall be examined in a civil, criminal, special, or other proceeding as to the existence or contents of pertinent records of a person examined or diagnosed or treated for acquired immune deficiency syndrome (AIDS) or human immune deficiency virus infection (HIV) by the department or its authorized representatives, or by any hospital, or other medical facility, or its authorized representatives, or of the existence or contents of such reports received from a private physician or private health facility, without the consent of the person examined and treated for such disease or infection, except in a civil or criminal proceeding in a court of competent jurisdiction in which the question of infection is put in issue. (g) Any person who violates the provisions of this section with respect to the confidentiality of persons tested for acquired immune deficiency syndrome (AIDS) or human immune deficiency virus infection (HIV) or the rules and regulations promulgated pursuant to this section and section 32b of this title, by unauthorized disclosure of such information may be terminated from his position of employment and may be fined up to $3,000 for each offense of unauthorized disclosure. No person, including representatives of the Department of Health, or other medical personnel, shall be held liable in a civil or criminal action for revelation of such information when disclosed through testimony in a civil or criminal proceeding in a court of competent jurisdiction. (h) Physicians and laboratories failing to fulfill the aforementioned reporting requirements for HIV infection and AIDS or the rules and regulations promulgated by the Commissioner of Health, may receive written notification of this failure. Physicians and laboratories failing to meet these reporting requirements, despite warning, shall be fined by the Department of Health up to $500 for each offense. The Department of Health shall report each violation of this section to the Board of Medical Examiners of the Virgin Islands, the Department of Justice, the Department of Police and for laboratories to the Virgin Islands Clinical Laboratory Improvement Services. History: Added July 21, 1994, No. 5996, § 1, Sess. L. 1994, p. 97; amended Mar. 24, 1998, No. 6219, § 1, Sess. L. 1998, p. 221.

(a) The Department of Health and/or its authorized representatives may interview any person infected with HIV (as per confirmatory blood test), or anyone directly named as a contact to a known infected individual, for the express purpose of partner notification, which includes risk reduction, counseling, testing and/or treatment, as the same might be deemed appropriate. (b) All information gathered in the course of partner notification shall be held confidential and shall be subject to the rules and regulations governing patient confidentiality promulgated by the Commissioner of Health, pursuant to section 32a of this title. Any person who violates the provisions of this section, or the rules and regulations promulgated therefor, shall be fined up to $3,000 for each offense and may be terminated from his position of employment. (c) Any person who is determined to be HIV infected, who may reveal the name or names of persons who they may have perceived to be at risk for HIV infection, especially of sexual contacts or needle-sharing partners, for the express purpose of facilitating partner notification, shall not be held liable in a civil action for such a revelation unless the revelation is made falsely or with reckless disregard for the truth. History: Added July 21, 1994, No. 5996, § 1, Sess. L. 1994, p. 97; amended Mar. 24, 1998, No. 6219, § 2, Sess. L. 1998, p. 223.

The physician rendering the diagnosis of HIV infection or AIDS or providing treatment for the same shall report the initial diagnosis and date (by month, day and year) pertaining to HIV diagnosis or AIDS indicator diseases as the same shall be determined by the Commissioner of the Department of Health or an authorized representative, and as established by the Centers for Disease Control and Prevention of the United States Public Health Service. All clinical laboratories shall report, in accordance with the provisions of sections 32a and 32b of this title and the rules and regulations promulgated thereunder, all results diagnostic of HIV and AIDS. History: Added July 21, 1994, No. 5996, § 1, Sess. L. 1994, p. 97; amended Mar. 24, 1998, No. 6219, § 3, Sess. L. 1998, p. 223.

Refusal (a) Persons who suffer from venereal disease are entitled, without regard to whether they can afford to pay for their medical treatment, to demand that they be taken under treatment at public expense, and likewise are under obligation to submit themselves to such treatment, unless they can show that they have put themselves under proper private medical care. Venereal patients under private medical care shall nevertheless be subject to the supervision of the Commissioner of Health. (b) Where, after discharge from active treatment, there is special ground for fearing a return of the disease in a contagious form, the physician, who has treated the sick person can give him or her an injunction to appear before him at a specified time for examination or to produce a certificate from an authorized physician that no such relapse has taken place. (c) Any person suffering from venereal disease may be placed in a hospital, in the discretion of the Commissioner of Health. Whoever refuses to submit to such hospitalization shall be fined not more than $100 or imprisoned not more than 180 days, or both.

Persons suspected by the health administration of being infected with venereal disease shall be examined by a physician, under the direction of the Commissioner of Health. If any such person is found to be suffering from a venereal disease, he shall submit to treatment as provided under section 33 of this title.

Within 120 days after conception all pregnant women shall submit to an examination by a practicing physician subject to the supervision of the Commissioner of Health to determine their freedom from active venereal infection. If found infected they shall be treated as provided in section 33 of this title.

(a) A child who is suffering from or whose mother is suffering from venereal disease shall not be given to be suckled by any other woman than its own mother. (b) No woman may act as wet-nurse without previous examination for venereal disease before each case.

The medical examinations referred to in this chapter are to be conducted at hospitals as prescribed by the Commissioner of Health or privately by duly licensed physicians subject to the approval of the Commissioner of Health.

Whenever a woman is convicted of prostitution she shall be examined by a physician and if found to be suffering from venereal disease shall be placed under medical treatment in accordance with section 33 of this title.

Persons who are placed in a hospital to be treated for venereal disease shall not leave the hospital before they have been discharged by their physician. Whoever violates this section shall be imprisoned not more than 30 days.

Whoever cohabits with another, knowing herself or himself to be afflicted with venereal disease, shall be fined not more than $100 or imprisoned not more than 180 days, or both.

Unless otherwise provided, whoever violates any provisions of this chapter shall be fined not more than $100 or imprisoned not more than 180 days, or both.

(a) There is established in the Department of Health the Bureau of Epidemiology, staffed with an epidemiologist, a communicable disease field supervisor, a disease surveillance officer for St. Croix, a disease surveillance officer for St. Thomas and St. John and a data entry manager. (b) The Bureau of Epidemiology shall, in addition to all other powers and duties imposed upon it by law, develop and maintain a system for detecting, conducting surveillance of communicable diseases within the Virgin islands and investigating determining the epidemiology of those conditions which contribute to the diseases; and (c) establish and operate a central coordinating center for receipt and cataloguing of all surveillance reports. History: Added Feb. 2, 2010, No. 7149, § 10, Sess. L. 2009, pp. 412, 413.

The control of Hansen's disease in the Virgin Islands shall be vested in the Commissioner of Health who shall be responsible for carrying out the provisions of this chapter.

All physicians, midwives, nurses, members of the police force, sanitary inspectors and others, shall report in writing by name to the Commissioner of Health any person known to be suffering from Hansen's disease, or showing symptoms thereof.

Any person reported as provided in section 72 of this title shall submit to examination by the Commissioner of Health. The examination shall be made at the time and place designated by the Commissioner of Health and in the presence of any person whom the patient may designate.

All cases of open Hansen's disease, that is, cases in which acid-fast bacilli can be found by ordinary method of skin scrapings and nasal smears shall be treated in accordance with regulations prescribed by the Commissioner of Health. History: Amended June 16, 1958, No. 310, § 1, Sess. L. 1958, p. 38.

History: Repealed. June 16, 1958, No. 310, § 2, Sess. L. 1958, p. 310.

Disease All paroled persons afflicted with Hansen's disease shall be subject to the following restrictions and regulations: (1) Change of address must be reported immediately to the Commissioner of Health by such paroled persons afflicted with Hansen's disease. (2) No person afflicted with Hansen's disease may leave the Virgin Islands without written permission of the Commissioner of Health. (3) Persons afflicted with Hansen's disease are prohibited from being occupied in the sale of articles of food or the preparation of such for others, or the serving of such to others, or the manufacture of tobacco products. They shall not serve as physicians, midwives, nurses, nursemaids, pharmacists, barbers, washers, household or personal servants or assistants to the same. (4) Paragraph (3) above shall not apply to persons in whom Hansen's disease has been arrested, that is, in whom the disease has been entirely quiescent for a period of not less than 5 years; such status to be proved by certificate from the Commissioner of Health. (5) The Commissioner of Health or a qualified physician appointed by him shall examine all persons afflicted with Hansen's disease who remain at large. Such examinations shall be at intervals of not more than 3 months when lesions are active and progressive, and at intervals of 6 months when the disease is classed as quiescent, that is, when there has been no evidence of activity for at least one year; and at intervals of one year when the disease has been arrested. Such examinations shall include skin scrapings and nasal smears when advisable. History: Amended June 16, 1958, No. 310, § 3, Sess. L. 1958, p. 38.

Hansen's Disease All known contacts with a person afflicted with Hansen's disease, including all family connections, by blood or marriage and all persons known to have Hansen's disease, resident in the Virgin Islands, shall submit to examinations by the Commissioner of Health or by a physician licensed to practice in the Virgin Islands at intervals not to exceed 12 months during the first 10 years following the last contact and thereafter at the discretion of the Commissioner of Health.

History: Repealed. June 16, 1958, No. 310, § 4, Sess. L. 1958, p. 38.

Whoever fails to comply with the provisions of this chapter shall be fined not more than $100 or imprisoned not more than 180 days, or both. The payment of such fine or imprisonment or both shall not release any person from the examinations provided in this chapter.

The Police Commissioner shall render to the Commissioner of Health such aid as may be requested for the enforcement of this chapter. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

In this chapter: (1) "Cancer" means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma, Hodgkin's disease, and leukemia. (2) "Health care facility" means hospitals; health care clinics; health centers; skilled nursing facilities; mental health facilities; kidney disease treatment centers, including freestanding hemodialysis units; intermediate care facilities; ambulatory surgical facilities; rehabilitation facilities; health maintenance organizations; and hospice care facilities. (3) "Health care provider" means a person, corporation, facility or institution licensed in the Territory to provide health care or professional, medical services including a medical, osteopathic, chiropractic or naturopathic physician; hospital; dentist; registered nurse, including an advanced practice registered nurse; optometrist; podiatrist; physical therapist; psychologist; pharmacist and laboratory technician. (4) "Identifying Information" means a coded description of the type of cancer, the stage to which it has advanced, geographic region, age, sex and ethnicity of the diagnosed person. (5) "Pathology Laboratory" means any facility that reports the results of examinations of organ tissue, cells, or blood specimens from the human body for cancer to physicians who use the reports for purposes of diagnosis or patient care. (6) "Registry" means the Virgin Islands Central Cancer Registry Program. (7) "Reportable Neoplasm" means any form of in-situ or invasive malignant neoplasms, carcinomas, basal cell and squamous cell carcinoma of the skin; lymphoma, including Hodgkin's and non-Hodgkin's disease; sarcoma; leukemia; benign and malignant tumor in the central nervous system, or any other malignant growth or neoplastic disease. (8) "Central Cancer Registry Standard-Setting Organization" means national and international organizations responsible for developing and implementing standards for cancer reporting for central registries. (9) "Territory" means the Virgin Islands of the United States. History: Added Oct. 7, 2016, No. 7939, § 1, Sess. L. 2016, p. 194, 195; Former 1251 was renumbered to be § 101, by Act No. 8688, § 5(a), effective January 19, 2023.

(a) There is established within the Department of Health under the division of and supervision of the Virgin Islands Chronic Disease Prevention Program, the Virgin Islands Central Cancer Registry. The Registry serves as the territorial surveillance system and repository of cancer data that includes data regarding incidence, mortality, stage of the disease, risk factors and exposures to hazardous substances in the workplace or environment. (b) To accomplish its mandate, the Registry is responsible for collecting information on all reportable neoplasms for which a diagnosis of, or the first course of treatment of, reportable cancer was performed in the Territory, independent of patient's residence. (c) The Registry shall establish and regularly convene an advisory committee to assist in building consensus, cooperation, and planning for the Program. Representation on the advisory committee includes, but is not limited to representatives from the cancer prevention and control field; chronic disease programs; hospitals, clinicians, and cancer oriented health educators, epidemiologists and statisticians. (d) The Registry shall train and certify personnel designated by the reporting entities as persons responsible for reporting information to the Registry. (e) The Health Commissioner shall promulgate administrative guidelines as may be amended from time to time to ensure that the Registry performs its mandate consistent with federal guidelines of central cancer registries standard-setting organizations. History: Added Oct. 7, 2016, No. 7939, § 1, Sess. L. 2016, p. 195; Former 1252 was renumbered to be § 102, by Act No. 8688, § 5(a), effective January 19, 2023.

(a) Each healthcare provider and health care facility shall report in an electronic format or any other format requested by the Registry each new case of a reportable neoplasm to the Registry not later than 180 days after the date of diagnosis or date of first contact with the already diagnosed patient. (b) Private or public pathology laboratories, clinical laboratories, and dermatopathologists shall report to the Registry every pathology, cytology, bone marrow and autopsy report, pathological reviews, tumor markers, molecular studies, and any other report that is consistent with a clinical or pathological diagnosis or contributes in determining the stage of the disease at the time of diagnosis of the reportable neoplasm in an electronic format or in a format requested by the Registry not later than 30 days after the diagnosis or test. (c) If an entity fails to provide the required information in the format or within the time specified, or if the data is of unacceptable quality, the Commissioner of Health may enter the facility to obtain the information. When this happens, the entity shall reimburse the Registry for the cost associated with obtaining and reporting the information. (d) Each report submitted to the Registry must contain: (1) the patient's date and place of birth; sex; race; ethnicity; marital status; usual occupation and industry; (2) the date of diagnosis; (3) topography; (4) histology; including the type involved in the reportable neoplasm; (5) characteristic of the reportable neoplasm - the behavior, differentiation grade, size; stage of the reportable neoplasm at the time of diagnosis; (6) the cancer directed first course of treatment; (7) the name of the health care facility or health care provider; and (8) other information required by any of the Central Cancer Registry Standard-Setting Organizations. History: Added Oct. 7, 2016, No. 7939, § 1, Sess. L. 2016, p. 196; Former 1253 was renumbered to be § 103, by Act No. 8688, § 5(a), effective January 19, 2023.

(a) All cancer case data provided to the Registry must be kept confidential. No information reported to the Registry which identifies or could lead to the identification of an individual cancer patient may be disclosed to any person or entity; except that the identifying information may be disclosed to another state cancer registry and territorial health officers. (b) State cancer registries, cancer researchers or federal cancer control agencies that receive cancer case data from the Registry shall enter into an agreement with the Registry to keep the information confidential. (c) All Registry employees and researchers shall sign a confidentiality agreement. These agreements remain effective after the employee or researcher no longer has a relationship with the Registry. History: Added Oct. 7, 2016, No. 7939, § 1, Sess. L. 2016, p. 196, 197; Former 1254 was renumbered to be § 104, by Act No. 8688, § 5(a), effective January 19, 2023.

(a) Cancer case data may be shared with cancer researchers or federal cancer control agencies for the purposes of cancer prevention, control, and research upon the submittal of documentation to the Registry providing that research in cancer prevention or control is ongoing or approval for such research has been granted. If applicable, the Registry shall also request evidence of compliance with the requirements of 45 CFR Part 46. (b) The Registry may share statistical compilations of the cancer case data with state cancer registries and federal cancer control agencies for the following reasons: (1) to perform studies on the sources and causes of cancer; (2) to provide key clues about the possible cause of cancer; (3) to provide insight when a particular environmental carcinogen is suspected; (4) to track the changing patterns of cancer incidence; and (5) for any other clinical, epidemiological, or other cancer research. History: Added Oct. 7, 2016, No. 7939, § 1, Sess. L. 2016, p. 197; Former 1255 was renumbered to be § 105, by Act No. 8688, § 5(a), effective January 19, 2023.

(a) No person who in good faith discloses privileged or confidential information or provides cancer case reports to the Registry or allows the Registry access to a cancer case report is liable in any civil action. (b) The protection from liability provided in subsection (a) does not apply to the unauthorized disclosure of confidential or privileged information when the disclosure is due to gross negligence or willful misconduct. (c) The license of a health care provider or a health care facility may not be suspended or revoked for the disclosure of information provided to the Registry pursuant to this chapter. History: Added Oct. 7, 2016, No. 7939, § 1, Sess. L. 2016, p. 197; Former 1256 was renumbered to be § 106, by Act No. 8688, § 5(a), effective January 19, 2023.

Any person who violates a reporting provision of this chapter or regulations or orders pertaining to the reporting of information to the Registry is subject to a civil fine of not less than $1,000 per case but not more than $5,000 per case. Before assessing the fine, the Commissioner of Health, or the Commissioner's designee, shall conduct a hearing with the person or entity to ascertain the reason for noncompliance and determine if an adjustment in the fine is warranted. Funds collected pursuant to this subsection must be deposited in an account established by the Department of Health within the Department of Finance. The monies in this account must be used exclusively to assist in the funding of the Cancer Registry Program as prescribed by law. History: Added Oct. 7, 2016, No. 7939, § 1, Sess. L. 2016, p. 197, 198; Former 1257 was renumbered to be § 107, by Act No. 8688, § 5(a), effective January 19, 2023.

The Registry must be funded through appropriations from the Legislature, federal agencies and through donations from private entities. History: Added Oct. 7, 2016, No. 7939, § 1, Sess. L. 2016, p. 198; Former 1258 was renumbered to be § 108, by Act No. 8688, § 5(a), effective January 19, 2023.

The Registry shall publish an annual statistical compilation that does not include identifying information showing the incidence of cancer in the Territory. History: Added Oct. 7, 2016, No. 7939, § 1, Sess. L. 2016, p. 198; Former 1259 was renumbered to be § 109, by Act No. 8688, § 5(a), effective January 19, 2023.

As used in this chapter: (a) "Autoimmune disease" means any disease that results from an aberrant immune response, including, without limitation: (1) Acute Disseminated Encephalomyelitis (ADEM) (2) Acute necrotizing hemorrhagic leukoencephalitis (3) Addison's disease (4) Agammaglobulinemia (5) Alopecia areata (6) Amyloidosis (7) Ankylosing spondylitis (8) Anti-GBM/Anti-TBM nephritis (9) Antiphospholipid syndrome (APS) (10) Autoimmune angioedema (11) Autoimmune aplastic anemia (12) Autoimmune dysautonomia (13) Autoimmune hepatitis (14) Autoimmune hyperlipidemia (15) Autoimmune immunodeficiency (16) Autoimmune inner ear disease (AIED) (17) Autoimmune myocarditis (18) Autoimmune oophoritis (19) Autoimmune pancreatitis (20) Autoimmune retinopathy (21) Autoimmune thrombocytopenic purpura (ATP) (22) Autoimmune thyroid disease (23) Autoimmune urticaria (24) Axonal & neuronal neuropathies (25) Balo disease (26) Beheet's disease (27) Bullous pemphigoid (28) Cardiomyopathy (29) Castleman disease (30) Celiac disease (31) Chagas disease (32) Chronic fatigue syndrome (33) Chronic inflammatory demyelinating polyneuropathy (CIDP) (34) Chronic recurrent multifocal osteomyelitis (CRMO) (35) Churg-Strauss syndrome (36) Cicatricial pemphigoid/benign mucosal pemphigoid (37) Crohn's disease (38) Cogans syndrome (39) Cold agglutinin disease (40) Congenital heart block (41) Coxsackie myocarditis (42) CREST disease (43) Essential mixed cryoglobulinemia (44) Demyelinating neuropathies (45) Dermatitis herpetiformis (46) Dermatomyositis (47) Devic's disease (neuromyelitis optics) (48) Discoid lupus (49) Dressler's syndrome (50) Endometriosis (51) Eosinophilic esophagitis (52) Eosinophilic fasciitis (53) Erythemanodosum (54) Experimental allergic encephalomyelitis (55) Evans syndrome (56) Fibromyalgia (57) Fibrosing alveolitis (58) Giant cell arteritis (temporal arteritis) (59) Giant cell myocarditis (60) Glomerulonephritis (61) Goodpasture's syndrome (62) Granulomatosis with Polyangiitis (GPA) (formerly called Wegener's Granulomatosis) (63) Graves' disease (64) Guillain-Barre syndrome (65) Hashimoto's encephalitis (66) Hashimoto's thyroiditis (67) Hemolytic anemia (68) Henoch-Schonlein purpura (69) Herpes gestationis (70) Hypogammaglobulinemia (71) Idiopathic thrombocytopenic purpura (ITP) (72) IgA nephropathy (73) IgG4-related sclerosing disease (74) Immunoregulatory lipoproteins (75) Inclusion body myositis (76) Interstitial cystitis (77) Juvenile arthritis (78) Juvenile diabetes (Type 1 diabetes) (79) Juvenile myositis (80) Kawasaki syndrome (81) Lambert-Eaton syndrome (82) Leukocytoclastic vasculitis (83) Lichen planus (84) Lichen sclerosus (85) Ligneous conjunctivitis (86) Linear IgA disease (LAD) (87) Lupus (SLE) (88) Lyme disease, chronic (89) Meniere's disease (90) Microscopic polyangiitis (91) Mixed connective tissue disease (MCTD) (92) Mooren's ulcer (93) Mucha-Habermann disease (94) Multiple sclerosis (95) Myasthenia gravis (96) Myositis (97) Narcolepsy (98) Neuromyelitis optica (Devic's) (99) Neutropenia (100) Ocular cicatricial pemphigoid (101) Optic neuritis (102) Palindromic rheumatism (103) PANDAS (Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcus) (104) Paraneoplastic cerebellar degeneration (105) Paroxysmal nocturnal hemoglobinuria (PNH) (106) Parry Romberg syndrome (107) Parsonnage-Turner syndrome (108) Pars planitis (peripheral uveitis) (109) Pemphigus (110) Peripheral neuropathy (111) Perivenous encephalomyelitis (112) Pernicious anemia (113) POEMS syndrome (114) Polyarteritis nodosa (115) Type I, II & III autoimmune polyglandular syndromes (116) Polymyalgia rheumatica (117) Polymyositis (118) Postmyocardial infarction syndrome (119) Postpericardiotomy syndrome (120) Progesterone dermatitis (121) Primary biliary cirrhosis (122) Primary sclerosing cholangitis (123) Psoriasis (124) Psoriatic arthritis (125) Idiopathic pulmonary fibrosis (126) Pyoderma gangrenosum (127) Pure red cell aplasia (128) Raynauds phenomenon (129) Reactive Arthritis (130) Reflex sympathetic dystrophy (131) Reiter's syndrome (132) Relapsing polychondritis (133) Restless legs syndrome (134) Retroperitoneal fibrosis (135) Rheumatic fever (136) Rheumatoid arthritis (137) Sarcoidosis (138) Schmidt syndrome (139) Scleritis (140) Scleroderma (141) Sjogren's syndrome (142) Sperm & testicular autoimmunity (143) Stiff person syndrome (144) Subacute bacterial endocarditis (SBE) (145) Susac's syndrome (146) Sympathetic ophthalmia (147) Takayasu's arteritis (148) Temporal arteritis/Giant cell arteritis (149) Thrombocytopenic purpura (TTP) (150) Tolosa-Hunt syndrome (151) Transverse myelitis (152) Type 1 diabetes (153) Ulcerative colitis (154) Undifferentiated connective tissue disease (UCTD) (155) Uveitis (156) Vasculitis (157) Vesiculobullous dermatosis (158) Vitiligo; and (159) Other autoimmune-relegated diseases. (b) "Individually identifiable health information" means information that is a subset of health information, including demographic information collected from an individual, and: (1) is created or received by a health care provider, health plan, employer, or health care clearinghouse; and (2) relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; (3) identifies the individual: (A) by such common identifiers as name, address, birth date, social security number and other common identifies, or (B) with respect to which there is a reasonable basis to believe the information can be used to identify the individual. History: Added Oct. 7, 2015, No. 7755, § 1, Sess. L. 2015, p. 63-69; Former 1261 was renumbered to be § 111, by Act No. 8688, § 5(a), effective January 19, 2023.

The Commissioner of the Department of Health shall establish a territory-wide autoimmune disease registry for the purpose of recording types of autoimmune diseases diagnosed or treated in the Virgin Islands and compiling necessary and appropriate information concerning those cases as determined by the Department of Health in order to conduct epidemiologic surveys of autoimmune diseases and to apply to appropriate preventive and control measures. The Department of Health shall adopt regulations and procedures as necessary to carry out the mandates of this chapter. History: Added Oct. 7, 2015, No. 7755, § 1, Sess. L. 2015, p. 69; Former 1262 was renumbered to be § 112, by Act No. 8688, § 5(a), effective January 19, 2023.

Physicians, hospitals, health facilities, ambulatory outpatient surgical centers, and medical laboratories shall report to the Department of Health each confirmed case of autoimmune disease. The Department of Health shall, to the greatest extent possible, use the reported information in the development of the autoimmune disease registry established in section 1262. History: Added Oct. 7, 2015, No. 7755, § 1, Sess. L. 2015, p. 69; Former 1263 was renumbered to be § 113, by Act No. 8688, § 5(a), effective January 19, 2023.

All information reported or collected for the autoimmune disease registry pursuant to this chapter is for use by the Department of Health only, and the Department of Health shall be keep all individually identifiable health information confidential. History: Added Oct. 7, 2015, No. 7755, § 1, Sess. L. 2015, p. 69; Former 1264 was renumbered to be § 114, by Act No. 8688, § 5(a), effective January 19, 2023.

The Department of Health shall grant any person or entity involved in a legitimate research activity access to information concerning autoimmune diseases obtained by the Department of Health under this chapter under the conditions that: (1) No individually identifiable health information is released by the Department of Health and adequate safeguards are put into place to ensure the protection of the identify of each patient whose records will be reviewed; (2) The person or entity conducting the research provides written information about: (A) The purpose of the research project; (B) The nature of the data to be collected and how the research intends to analyze the data; and (C) The records the researcher wishes to review; and (3) An agreement is executed between the Department of Health and the researcher that specifies the terms of the researcher's use of the records and prohibits the release of any individually identifiable health information inadvertently disclosed by the Department of Health. History: Added Oct. 7, 2015, No. 7755, § 1, Sess. L. 2015, p. 69, 70; Former 1265 was renumbered to be § 115, by Act No. 8688, § 5(a), effective January 19, 2023.

The Department of Health may release confidential information concerning individual autoimmune disease patients to physicians and local health officers for diagnostic and treatment purposes if: (1) The patient's attending physician gives oral or written consent to the release of the information; or (2) The patient gives written consent by completing a form authorizing the release of confidential medial information. History: Added Oct. 7, 2015, No. 7755, § 1, Sess. L. 2015, p. 70; Former 1266 was renumbered to be § 116, by Act No. 8688, § 5(a), effective January 19, 2023.

Not later than December 31 of each year, the Department of Health shall publish and make available to the public an annual report summarizing the information collected under this chapter during that calendar year. History: Added Oct. 7, 2015, No. 7755, § 1, Sess. L. 2015, p. 70; Former 1267 was renumbered to be § 117, by Act No. 8688, § 5(a), effective January 19, 2023.

(a) "Health care facility" means hospitals; health care clinics; health centers; skilled nursing facilities; mental health facilities; kidney disease treatment centers, including freestanding hemodialysis units; intermediate care facilities; ambulatory surgical facilities; rehabilitation facilities; health maintenance organizations; and hospice care facilities. (b) "Health care provider" means a person, corporation, facility, or institution licensed in the Territory to provide health care or professional, medical services including a medical, osteopathic, chiropractic or naturopathic physician; hospital; dentist; registered nurse, including an advanced practice registered nurse; optometrist; podiatrist; physical therapist; psychologist; pharmacist and laboratory technician. (c) "Individually identifiable health information" means information that is a subset of health information, including demographic information collected from an individual, and: (1) is created or received by a health care provider, health plan, employer, or health care clearinghouse; (2) relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (3) identifies the individual: (A) by such common identifiers as name, address, birth date, social security number and other common identifies, or (B) with respect to which there is a reasonable basis to believe the information can be used to identify the individual. (d) "Registry" means the Territorial Chronic Kidney Disease, Stroke and Diabetes Registry. (e) "Reporting entity" means a healthcare facility that provides services to individuals who are diabetic or have chronic kidney disease and those receiving dialysis treatments. (f) "Territory" means the Virgin Islands of the United States. History: Added Apr. 5, 2024, No. 8814, § 1, Sess. L. 2024, p. -.

and Diabetes Registry (a) There is established within the Department of Health, the Territorial Chronic Kidney Disease, Stroke and Diabetes Registry. The Registry serves as the territorial surveillance system and repository of data regarding patients who have been diagnosed with chronic kidney disease, patients who are receiving dialysis, patients diagnosed with a stroke and patients diagnosed with diabetes in the Territory. (b) The data concerning each case of diabetes is to be collected and used to conduct epidemiological surveys of diabetes cases in this Territory. The data collected must include: (1) an individual's date of diagnosis; (2) age at time of diagnosis; (3) the type of diabetes that was diagnosed; (4) whether the individual has a known history of any type of diabetes in the individual's family; (5) the individual's height and weight, and (6) the individual's sex, race, ethnicity, and residential address. (c) The data concerning each person with chronic kidney disease is to be collected and used to conduct epidemiological surveys of chronic kidney disease cases in this Territory. The data collected must include: (1) the patient's height, weight, medical history, diet, and lifestyle; (2) the patient's sex, race, ethnicity, and residential address; (3) kidney disease stage (1 -early, 2-mild, 3-moderate, 4-severe, 5-end stage), and information about related comorbidities such as heart disease, hypertension, and diabetes; (4) the total number of patients on dialysis, per each island, and whether the patient is receiving hemodialysis or peritoneal dialysis; (5) laboratory values for diagnostic tests, and medications; (6) insurance coverage details of chronic kidney disease patients, including whether the patient is uninsured, or utilizing private insurance, Medicaid, or Medicare; (7) kidney transplant patients being treated; (8) kidney transplant candidates; and (9) the location of healthcare facilities and healthcare providers that offer dialysis services. (d) The data concerning each diagnosis of a stroke must be collected and used to conduct epidemiological surveys of stroke cases in the Virgin Islands. The data collected must include: (1) each individual's date of diagnosis; (2) age at the time of diagnosis; (3) the type of stroke that was diagnosed; (4) the individual's family history regarding risk factors for stroke; (5) the individual's height and weight; (6) the individual's sex, race, ethnicity, and residential addresses; and (7) the individual's health insurance/medical coverage or lack thereof. (e) The Registry shall train and certify personnel designated by the reporting entities as persons responsible for reporting information to the Registry. (f) The Commissioner of Health shall promulgate administrative guidelines as may be amended from time to time to ensure that the Registry performs its mandate. History: Added Apr. 5, 2024, No. 8814, § 1, Sess. L. 2024, p. -.

(a) Within 60 days of the enactment of this act, the Registry shall create a standardized form for each healthcare provider and health care facility to use to submit all reportable data. Each healthcare provider and health care facility shall report in an electronic format, or any other format requested by the Registry each new case of diabetes, stroke, and chronic kidney disease to the Registry not later than 180 days after the date of diagnosis or date of first contact with the already diagnosed patient. History: Added Apr. 5, 2024, No. 8814, § 1, Sess. L. 2024, p. -.

(a) All chronic kidney disease, stroke and diabetes data provided to the Registry must be kept confidential. No information reported to the Registry which identifies or could lead to the identification of an individual patient may be disclosed to any person or entity; except that the identifying information may be disclosed to another state chronic kidney disease, stroke and diabetes registry and territorial health officers. (b) State chronic kidney disease, stroke and diabetes registries, chronic kidney disease, stroke and diabetes researchers or federal chronic kidney disease, stroke and diabetes control agencies that receive chronic kidney disease, stroke and diabetes case data from the Registry shall enter into an agreement with the Registry to keep the information confidential. (c) All Registry employees and researchers shall sign a confidentiality agreement. These agreements remain effective after the employee or researcher no longer has a relationship with the Registry and will expire after two years. History: Added Apr. 5, 2024, No. 8814, § 1, Sess. L. 2024, p. -.

(a) Chronic kidney disease, stroke and diabetes case data may be shared with chronic kidney disease, stroke and diabetes researchers or federal chronic kidney disease, stroke and diabetes control agencies for the purposes of chronic kidney disease, stroke and diabetes prevention, control, and research upon the submittal of documentation to the Registry providing that research in chronic kidney disease, stroke and diabetes prevention or control is ongoing or approval for such research has been granted. If applicable, the Registry shall also request evidence of compliance with the requirements of 45 CFR Part 46 : Protection of Human Subjects. (b) The Registry may share statistical compilations of the chronic kidney disease, stroke and diabetes case data with state chronic kidney disease, stroke and diabetes registries and federal chronic kidney disease, stroke, and diabetes control agencies for the following reasons: (1) to perform studies on the sources and causes of chronic kidney disease, stroke and diabetes; (2) to track the changing patterns of chronic kidney disease, stroke and diabetes incidences; (3) to provide patient education and support, individualized to patients' stage of disease and related health conditions; (4) to create a robust database of patient outcomes, perceptions, priorities, and activities that will facilitate research, clinical care, and policy decisions to improve patients' experience and outcomes; and (5) for any other clinical, epidemiological, or other chronic kidney disease, stroke, and diabetes research. History: Added Apr. 5, 2024, No. 8814, § 1, Sess. L. 2024, p. -.

(a) No person, who in good faith, discloses privileged or confidential information or provides chronic kidney disease, stroke and diabetes case reports to the Registry or allows the Registry access to a chronic kidney disease, stroke and diabetes case report is liable in any civil action. (b) The license of a health care provider or a health care facility may not be suspended or revoked for the disclosure of information provided to the Registry pursuant to this chapter. (c) The protection from liability provided in subsection (a) and (b) does not apply to the unauthorized disclosure of confidential or privileged information when the disclosure is due to gross negligence or willful misconduct. History: Added Apr. 5, 2024, No. 8814, § 1, Sess. L. 2024, p. -.

Any person who violates a reporting provision of this chapter or regulations or orders pertaining to the reporting of information to the Registry is subject to a civil fine of not less than $1,000 per case, but not more than $5,000 per case. Before assessing the fine, the Commissioner of Health, or the Commissioner's designee, shall conduct a hearing with the person or entity to ascertain the reason for noncompliance and determine if an adjustment in the fine is warranted. Funds collected pursuant to this subsection must be deposited in an account established by the Department of Health within the Department of Finance. The monies in this account must be used exclusively to assist in the funding of the chronic kidney disease, stroke and diabetes Registry as prescribed by law. History: Added Apr. 5, 2024, No. 8814, § 1, Sess. L. 2024, p. -.

The Registry shall publish an annual statistical compilation that does not include identifying information showing the incidence of chronic kidney disease, stroke, and diabetes in the Territory. History: Added Apr. 5, 2024, No. 8814, § 1, Sess. L. 2024, p. -.

The Department of Health, in addition to its other powers and duties, may establish and administer a program for promoting health services, including medical, dental and hospital care, of mothers, infants, pre-school and school age children, which shall provide for developing, extending, and improving such services for mothers and children. Under such program, the Department shall- (1) supervise the administration of those services included in the program which are not administered directly by it; (2) provide such methods of administration, including those necessary to establish and maintain a merit system of personnel administration, as are necessary for the efficient operation of the plan; (3) extend and improve local maternal and child health services throughout the islands; (4) cooperate with medical, nursing and welfare groups and organizations; (5) develop demonstration services in needy areas and among groups in special need; (6) cooperate with the Federal Government through its appropriate agency or instrumentality in developing, extending, and improving such services; and (7) receive and expend all funds made available to the Department of Health by the Federal Government, the government of the Virgin Islands or its political subdivisions, or from other sources, for such purposes.

The Department of Health may establish and administer a program of services for children with physical disabilities or who are suffering from conditions which lead to physical disability, which shall provide for developing, extending, and improving services for locating such children, and for providing medical, surgical, corrective, and other services and care, and facilities for diagnosis, hospitalization, and aftercare. Under such program the Department shall- (1) supervise the administration of those services included in the program which are not administered directly by it; (2) provide such methods of administration, including those necessary to establish and maintain a merit system of personnel administration, as are necessary for the efficient operation of the plan; (3) extend and improve any such services; (4) cooperate with medical, health, nursing, and welfare groups and organizations, and with any agency of the Federal Government charged with the administration of laws providing for vocational rehabilitation of physically handicapped children; (5) cooperate with the Federal Government, through its appropriate agency or instrumentality, in developing, extending, and improving such services; and (6) receive and expend all funds made available to the Department by the Federal Government, the government of the Virgin Islands or its political subdivisions, or from other sources, for such purposes. History: Amended Nov. 24, 2010, No. 7241, § 36, Sess. L. 2010, p. 294; amended May 16, 2014, No. 7591, § 1(a), Sess. L. 2014, p. 49.

(a) For inmates and detainees incarcerated for 12 months or more, the Virgin Islands Bureau of Corrections, Health Services Division, working with the Department of Health or other available local health services providers, shall provide breast examinations, to include manual examinations and mammograms, and pap smears for women and prostate examinations for men 40 years or older. These examinations must be performed in accordance with the standards and recommendations published by National Commission of Correctional Health Care ("the NCCHC") and United States Preventative Service Task Force ("the USPSTF"), Laboratory testing, to include blood and urine tests and general wellness examinations, must be conducted annually, or as recommended by a licensed physician. (b) All testing conducted pursuant to the NCCHC or USPSTF guidelines or those of the Virgin Islands Bureau of Corrections, Health Services Division may be conducted more frequently than recommended, if there is a medical necessity to do so, as determined by a licensed physician. History: Added Oct. 26, 2020, No. 8369, § 1, Sess. L. 2020, p. 170; Former 19 V.I.C. § 156 was renumbered to be § 153, by Act No. 8688, § 4, effective January 19, 2023.

History: Repealed. Jan. 19, 2023, No. 8688, § 4, Sess. L. 2022, p. 445.

As used in this chapter: (1) "Community paramedic" means an individual who: (A) is licensed as a paramedic; (B) meets the requirements for additional licensure as a community paramedic under this chapter that may be required by the Commissioner of the Department; (C) works within a designated MIH program under medical control as part of a community-based team of health and social services providers; and (D) provides services to a patient who has been identified by the individual's treating physician as an individual for whom community paramedic services would likely: (i) prevent admission to or allow discharge from a nursing facility; (ii) prevent readmission to a hospital or nursing home; or (iii) prevent injury and illness. (2) "Emergency department avoidance or ED avoidance" means a component of an MIH program that, after primary ambulance response, assessment, and consultation with on-line medical direction, utilizes community paramedics with advanced training and nurse practitioners to manage the patient as an MIH patient in accordance with this chapter and Department guidelines. (3) "Emergency medical services" or "EMS" means providing any of the following: (A) emergency ambulance services or other services, including extrication and rescue services, utilized in serving an individual's need for immediate medical care to prevent loss of life or aggravation of physiological or psychological illness or injury; or (B) transportation services, acute care, chronic condition services, disease management services, or other healthcare services provided as part of a MIH program. (4) "Healthcare facility" means a licensed institution providing healthcare services or a healthcare setting, including, but not limited to, hospitals and other licensed inpatient centers, ambulatory, surgical or treatment centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory and imaging centers, and rehabilitation and other therapeutic health settings. (5) "Healthcare personnel" or "personnel" means an individual or individuals employed by or affiliated with a healthcare provider, who provide direct patient care, to include, but is not limited to, community paramedics, EMS personnel, nurses, nurse practitioners, physician assistants, and social workers. (6) "Healthcare provider" means a provider of medical, behavioral or health services, or any other person or organization that is paid for healthcare services delivery in the normal course of business, to include primary care providers, home care agencies, visiting nurse associations, or other in-home services. A visiting nurse association, also known as a visiting nurse agency or home healthcare agency or association, means any of various organizations that provide home healthcare and hospice services through a network of nurses, therapists, social workers, and other healthcare associates for patients who are housebound, recovering from an illness or injury, or are living with a disability or chronic condition. (7) "Medical control" means the clinical oversight provided by a physician or existing primary care provider to all components of the MIH program, including medical direction, training, scope of practice, continuous quality assurance, and improvement of healthcare delivery and clinical protocols. (8) "Medical direction" means the authorization for treatment provided by a physician or existing primary care provider to healthcare personnel in accordance with clinical protocols, whether on-line through direct communication, or telecommunication, or off-line through standing orders. (9) "Scope of practice" mean the procedures, actions, activities, and processes that healthcare personnel are permitted to undertake in keeping with the terms of their professional license and is limited to that which the law allows for the specific education, experience, and demonstrated competency. History: Added Jan. 20, 2024, No. 8795, § 1, Sess. L. 2023, p. 190, 191.

Programs (a) Mobile Integrated Healthcare ("MIH") means patient-centered care delivered in a patient's home or in a mobile environment that focuses on improving patient outcomes by integrating the larger spectrum of community healthcare and technology. (b) MIH components include traditional emergency medical services ("EMS") response, community paramedics, physician assistants, nurse practitioners, community health workers, social workers, mental health providers, 911 nurse triage lines, public safety, telemedicine, and alternate destination or emergency room diversion. (c) A Department-approved MIH program, including MIH programs with an emergency department avoidance component, that utilizes healthcare personnel to deliver healthcare services to patients in an out-of-hospital environment in coordination with healthcare facilities or healthcare providers may provide healthcare services such as chronic disease management, dental care, behavioral health, maternal and infant health, preventative care, post-discharge follow-up visits, or transport or referral to facilities other than a hospital emergency department. (d) The Virgin Islands Department of Health ("Department") shall develop and approve mobile integrated healthcare programs consistent with its role as the territorial lead agency for healthcare-related services. In so doing, the Department shall consider the following: (1) the type of healthcare that can be provided under the program; (2) the training, educational, and certification requirements for community paramedics and other healthcare personnel in providing services under the program; (3) the degree of oversight, reporting, and enforcement needed for the program; (4) relevant standards and criteria developed or adopted by nationally recognized agencies or organizations; and (5) the recommendations of interested stakeholders. (e) The Department, pursuant to its mandate under 3 V.I.C. § 418(a) and its responsibility under 3 V.I.C. § 418(a)(11), and its licensing and certification authority under chapter 15 of this title, shall establish or approve MIH programs that meet the following criteria: (1) provide pre-hospital and post-hospital services as a coordinated continuum of care that fully supports the patient's medical needs; (2) address gaps in service delivery and prevent unnecessary hospitalizations, or other harmful and wasteful resource delivery; (3) focus on partnerships through contracts or otherwise between healthcare providers and healthcare facilities, as defined in this chapter, respectively, that promote coordination and utilization of existing personnel and resources without duplication of services; (4) adhere to clinical standards and protocols adopted by the Department to ensure that MIH healthcare providers employed by healthcare facilities provide healthcare services or treatment within their scope of practice; (5) dispatch only those community paramedics or other healthcare providers employed by a healthcare facility who have-received appropriate training and demonstrate competency in the MIH clinical protocols; (6) meet appropriate standards related to capacity, location, personnel, and equipment; (7) provide access to qualified medical control and medical direction; (8) provide a secure and effective medical communication subsystem linkage for online medical direction; (9) have an activated 911 system to ensure that if an MIH program patient experiences a medical emergency during an MIH visit there will be a rapid response by emergency services; (10) ensure compliance with all territorial and federal privacy requirements regarding patient medical records and other individually identified patient health information; and (11) ensure that healthcare providers operating MIH programs collect and maintain data of mobile integrated health services, including statistics on mortality and morbidity; the information needed to review access, availability, quality, cost, and third-party reimbursement for the services; and coordinate and perform the data collection in conjunction with other data-collection activities. (f) In addition, the Department shall examine how 911 triage assessment tools may be incorporated into MIH, with the objective of enhancing the efficiency and effectiveness of MIH programs. History: Added Jan. 20, 2024, No. 8795, § 1, Sess. L. 2023, p. 191-193.

(a) There is established a separate and distinct fund within the Treasury of the Government of the Virgin Islands, the Mobile Integrated Healthcare Revolving Fund ("the Fund"). The Fund is established to fund the development, implementation, and services of the mobile integrated healthcare program within the Department of Health. The Commissioner of Finance shall maintain and provide for the administration of the Fund. (b) The Fund consists of all sums appropriated to it from time to time by the Legislature of the Virgin Islands, federal monies, public and private grants, donations, gifts, and bequests of all money made to the Fund. (c) The Commissioner of Finance shall disburse monies deposited into the Fund upon warrant of the Commissioner of Health. Monies in the Fund must be used solely for the benefit of the mobile integrated healthcare program, including administrative expenses, personnel expenses, equipment costs, and all reasonable direct and indirect costs required to implement and support the program. (d) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and shall report the status of the Fund annually to the Governor, the Legislature, and the Commissioner of Health. History: Added Jan. 20, 2024, No. 8795, § 1, Sess. L. 2023, p. 193, 194.

This act may be cited as "The Electronic Health Records Act". History: Added July 12, 2011, No. 7264, § 1, Sess. L. 2011, p. 104.

The purpose of the Electronic Health Records Act is to provide for the use, disclosure and protection of electronic health records. History: Added July 12, 2011, No. 7264, § 1, Sess. L. 2011, p. 104.

As used in the Electronic Health Records Act: (a) "demographic information" means information that identifies the individual who is the subject of the health care information, including the individual's name, date of birth and address and other information that identifies the individual, that may be used to identify the individual or that associates the individual with the individual's electronic health record; (b) "disclose" means to release, transfer, provide or otherwise divulge an individual's health care information to a person other than the holder of the records; (c) "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities; (d) "electronic health record" means an electronic record of an individual patient's health care information that may contain demographic information; (e) "electronic signature" means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record; (f) "health care" means care, services or supplies related to the health of an individual and includes: (1) preventive, diagnostic, therapeutic, rehabilitative, maintenance or palliative care and counseling; (2) services, assessments or procedures that are concerned with the physical or mental condition or functional status of an individual or that affect the structure or function of the body of an individual; and (3) the sale or dispensing of a drug, a device, a piece of equipment or other item in accordance with a prescription; (g) "health care group purchaser" means a person who is licensed, certified or otherwise authorized or permitted by the Virgin Islands Code to pay for or purchase health care on behalf of an identified individual or group of individuals, regardless of whether the cost of coverage or services is paid for by the purchaser or the persons receiving coverage or services; (h) "health care information" means any information, whether oral or recorded in any form or medium, related to the past, present or future physical or behavioral health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; (i) "health care institution" means an institution, facility or agency licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business; (j) "health information exchange" means an arrangement among persons participating in a defined secure electronic network service, such as a regional health information organization, that allows the sharing of health care information about individual patients among different health care institutions or unaffiliated providers. The use of an electronic health record system by a health care provider or by an organized health care arrangement as defined by the federal Health Insurance Portability and Accountability Act of 1996 does not constitute a health information exchange; (k) "information" means data, including text, images, sounds and codes and computer programs, software and databases; (l) "provider" means an individual who is licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession; (m) "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; (n) "record locator service" means an information service that contains demographic information and the location of health care information of a specified individual across different health care institutions or unaffiliated providers that participate in the service. The use of an electronic health record system by a health care provider or by an organized health care arrangement as defined by the federal Health Insurance Portability and Accountability Act of 1996 does not constitute a record locator service; and (o) "treatment" means the provision, coordination or management of health care and related services by one or more providers, including the coordination or management of health care by a provider with a third party; consultation between providers relating to an individual; or the referral of an individual for health care from one provider to another. History: Added July 12, 2011, No. 7264, § 1, Sess. L. 2011, pp. 104-106; amended Jan. 6, 2019, No. 8152, § 1(a)(6), Sess. L. 2018, p. 327.

Recognition If a law or rule requires a health record to be in writing, or if a law or rule requires a signature pertaining to a health record, an electronic health record or an electronic signature satisfies that law or rule except where excluded by court rules. History: Added July 12, 2011, No. 7264, § 1, Sess. L. 2011, p. 106; amended Mar. 7, 2012, No. 7346, § 9(1), Sess. L. 2012, p. 30.

(a) If a law or rule requires that a health record be retained, the requirement is satisfied by retaining an electronic record that: (1) accurately reflects the health record after it was first generated and in its final form as an electronic health record or otherwise; and (2) remains accessible and is capable of being accurately reproduced for later reference. (b) If a law or rule requires a health record to be presented or retained in its original form or provides consequences if the health record is not presented or retained in its original form, that law or rule is satisfied by an electronic health record retained in accordance with subsection (a) of this section. A health record retained as an electronic health record in accordance with subsection (a) of this section satisfies a law or rule requiring a person to retain a health record for evidentiary, audit or other purposes. (c) Notwithstanding any other provision of law, any health care provider or facility licensed, certified, or registered under the laws of this territory may create and maintain health records in an electronic format. The health care provider, facility, or governmental unit shall not be required to maintain a separate paper copy of the health record; however, when a consent for treatment or authorization to disclose health record information is contained in a paper writing, the writing shall be preserved in a durable medium, and its existence and location shall be noted in the electronic record. A health care provider, facility, or governmental unit shall maintain electronic health records in legible and retrievable form, including adequate data backup. (d) Notwithstanding any other provision of law, any health care provider or facility licensed, certified or registered under the laws of this territory may permit authorized individuals to authenticate orders and other health records entries by written signature, or by electronic or digital signature in lieu of a signature in ink. Health record entries shall be authenticated by the individual who made or authorized the entry. For purposes of this section, "authenticating" means identification of the author of an entry by that author and confirmation that the contents of the entry are what the author intended. (e) The legal rights and responsibilities of patients, health care providers, facilities and governmental units shall apply to records created or maintained in electronic form to the same extent as those rights and responsibilities apply to medial records embodied in paper or other media. This subsection applies with respect to the security, confidentiality, accuracy, integrity, access to, and disclosure of medical records. History: Added July 12, 2011, No. 7264, § 1, Sess. L. 2011, pp. 107, 108; amended Mar. 7, 2012, No. 7346, § 9(2)(a.), (b.), Sess. L. 2012, p. 30.

(a) A provider, health care institution, health information exchange or health care group purchaser shall not use or disclose health care information in an individual's electronic health record to another person in violation of territorial or federal law and without the consent of the individual. (b) A provider, health care institution or health care group purchaser may disclose demographic information and information about the location of an individual's electronic health records to a record locator service in accordance with territorial or federal law. A provider or health care institution participating in a health information exchange using a record locator service shall not have access to demographic information, information about the location of the individual's electronic health records or information in an individual's electronic health record except in connection with the treatment of the individual or as permitted by the consent of the individual or as otherwise permitted by territorial or federal law. (c) A health information exchange maintaining a record locator service shall maintain an audit log of persons obtaining access to information in the record locator service, which audit log shall contain, at a minimum, information on: (1) the identity of the person obtaining access to the information; (2) the identity of the individual whose information was obtained; (3) the location from which the information was obtained; (4) the specific information obtained; and (5) the date that the information was obtained. (d) The audit log shall be made available by a health information exchange on the request of an individual whose health care information is the subject of the audit log; provided, however, that the audit log made available to the individual shall include only information related to that individual. The audit log shall be made available to the requesting individual annually for a reasonable fee as established by the V.I. Department of Health for access to health records for any purpose an individual wishes to receive the audit log information records. (e) A person operating a record locator service or a health information exchange shall provide a mechanism under which individuals may exclude their demographic information and information about the location of their electronic health records from the record locator service. A person operating a record locator service or a health information exchange that receives an individual's request to exclude all of the individual's information from the record locator service is responsible for removing that information from the record locator service within thirty days; provided, however, that the request to exclude information shall not apply to a provider, a group of providers, a health care institution or an organization of providers that has provided health care to the individual and retains information about that health care. An individual's request for exclusion of information shall be in writing and shall include a waiver of liability for any harm caused by the exclusion of the individual's information. (f) when information in an individual's electronic health record is requested using a record locator service or a health information exchange: (1) the requesting provider or health care institution shall warrant that the request is for the treatment of the individual, is permitted by the individual's written authorization or is otherwise permitted by territorial or federal law; and (2) the person disclosing the information may rely upon the warranty of the person making the request that the request is for the treatment of the individual, is permitted with the consent of the individual or is otherwise permitted by territorial or federal law. (g) Notwithstanding any other provision of law, information in an individual's electronic health record may be disclosed to a provider that has a need for information about the individual to treat a condition that poses an immediate threat to the life of the individual and that requires immediate health attention. (h) Notwithstanding any other provision of law, information in an individual's electronic health record may be disclosed to a person that uses non-patient-specific information to maintain or improve the health of the general public or to conduct research that has been sanctioned by a legally authorized health review board; provided, however, that the information disclosed does not include any data that could serve to identify specifically an individual patient and provided further that any individual whose data is disclosed for these purposes has provided written authorization for its use or is otherwise permitted by territorial or federal law. History: Added July 12, 2011, No. 7264, § 1, Sess. L. 2011, pp. 108-111; amended Mar. 7, 2012, No. 7346, § 9(3), Sess. L. 2012, p. 30.

If an individual requests to exclude all of the individual's information from the record locator service pursuant to subsection (e) of § 165 of the Electronic Health Records Act, the record locator service, health information exchange, health care institution or provider shall not be liable for any harm to the individual caused by the exclusion of the individual's information. History: Added July 12, 2011, No. 7264, § 1, Sess. L. 2011, p. 111; amended Mar. 7, 2012, No. 7346, § 9(4), Sess. L. 2012, p. 30.

A disclosure otherwise permissible under the Electronic Health Records Act may be made to providers, health care group purchasers, health care institutions, health information exchanges or record locator services located or operating outside of the territory. History: Added July 12, 2011, No. 7264, § 1, Sess. L. 2011, p. 112; amended Mar. 7, 2012, No. 7346, § 9(5), Sess. L. 2012, p. 30.

Nothing in the Electronic Health Records Act may be construed to apply to a person operating as a property and casualty insurer, workers' compensation insurer, life insurer, long-term care insurer or disability income insurer. History: Added July 12, 2011, No. 7264, § 1, Sess. L. 2011, p. 112.

History: Repealed. Sept. 24, 1983, No. 4855, § 4, Sess. L. 1983, p. 186.

This chapter may be cited as the Uniform Rights of the Terminally Ill Act. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

The definitions as used in this chapter have the following meaning unless the context requires otherwise: (a) "Attending physician" means the physician who has primary responsibility for the treatment and care of the patient. (b) "Declaration" means a writing executed in accordance with the requirements of section 187(a) of this title. (c) "Health-care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this Territory to administer health care in the ordinary course of business or practice of a profession. (d) "Life-sustaining treatment" means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying. (e) "Permanently unconscious" means a condition lasting indefinitely, without change in which thought, feelings, sensations and awareness of self and environment are absent. (f) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. (g) "Physician" means an individual licensed to practice medicine in this Territory. (h) "Qualified patient" means a patient 18 or more years of age who has executed a declaration and who has been determined by the attending physician to be in a terminal condition or in a permanently unconscious state. (i) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. (j) "Terminal condition" means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within a relatively short time. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

(a) An individual of sound mind and 18 or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declarant may designate another individual of sound mind and 18 or more years of age to make decisions governing the withholding or withdrawal of life sustaining treatment. The declaration must be signed by the declarant, or another at the declarant's direction, and witnessed by two individuals. (b) A declaration directing a physician to withhold or withdraw life-sustaining treatment may, but need not, be in the following form: DECLARATION If I should have, in the opinion of my attending physician, an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician, cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician, pursuant to the Uniform Rights of the Terminally Ill Act of this Territory, to withhold or withdraw treatment thTerminally Ill Act of my attending physician, only prolongs the process of dying and is not necessary to my comfort or to alleviate pain. Signed this____________________ day of ____________________, 19 ____________________ Signature ____________________ Address ____________________ The declarant voluntarily signed this writing in my presence. Witness ____________________ Address ____________________ Witness ____________________ Address ____________________ (c) A declaration that designates another individual to make decisions to withhold or withdraw life- sustaining treatment may, but need not, be in the following form: DECLARATION If I should have, in the opinion of my attending physician, an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment, I appoint [name of designee] or, if he or she is not reasonably available or is unwilling to serve, [name of alternate designee] to make decisions on my behalf regarding withholding or withdrawal of treatment that only prolongs the process of dying and is not necessary to my comfort or to alleviate pain pursuant to the Uniform Rights of the Terminally Ill Act of this Territory. [If the individual(s) I have so appointed is (are) not reasonTerminally Ill Actis (are) unwilling to serve, I direct my attending physician, pursuant to the Uniform Rights of the Terminally Ill Act of this Territory, to withhold or withdraw treatment that in his or her opinion, onlyTerminally Ill Acte process of dying and is not necessary to my comfort or to alleviate pain.] The bracketed language should be stricken if not desired by a declarant. Signed this____________________ day of ____________________, 19 ____________________. Signature ____________________ Address ____________________ The declarant voluntarily signed this writing in my presence. Witness ____________________ Address ____________________ Witness ____________________ Address ____________________ Name and address of designee. Name ____________________ Address ____________________ (d) The designation of an attorney in fact pursuant to the Uniform Durable Power of Attorney Act (Title 15, chapter 63, Virgin Islands Code), or the judicial appointment of a guardian, who is authorized to make decisions regarding the withholding or withdrawal of life-sustaining treatment, constitutes for the purposes of this chapter a declaration designating another individual to act for the declarant pursuant to subsection (a) of this section. (e) A physician or other health-care provider who is furnished a copy of the declaration shall make it a part of the declarant's medical record and, if unwilling to comply with the declaration, promptly so advise the declarant and the designee, if any. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

A declaration becomes operative when (i) it is communicated to the attending physician and (ii) the declarant is determined by the attending physician to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment. When the declaration becomes operative, the attending physician and other health care providers shall act in accordance with its provisions and with the instructions of a designee under section 187(a) of this title or comply with the transfer provisions of section 193 of this title. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

(a) A declaration may be revoked at any time and in any manner by the declarant, without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the attending physician or other health-care provider by the declarant or a witness to the revocation. (b) The attending physician or other health-care provider shall make the revocation a part of the declarant's medical record. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

Upon determining that the declarant is in a terminal condition, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

(a) A qualified patient may make decisions regarding life-sustaining treatment as long as the patient is able to do so. (b) This chapter does not affect the responsibility of the attending physician or other health-care provider to provide treatment, including nutrition and hydration, for a patient's comfort, care or alleviation of pain. (c) The declaration of a qualified patient known to the attending physician to be pregnant must not be given effect as long as it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

(a) Life-sustaining treatment may be withheld or withdrawn from an individual who: (i) has been determined by the attending physician to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment; and (ii) has no effective declaration if written consent to the withholding or withdrawal of the treatment, witnessed by two individuals, is given to the attending physician. The consent may be given by the following individuals, in order of priority: (1) The spouse of the individual; (2) An adult child of the individual or, if there is more than one adult child, a majority of the adult children who are reasonably available for consultation; (3) The parents of the individual; (4) An adult sibling of the individual or, if there is more than one adult sibling, a majority of the adult siblings who are reasonably available for consultation; or (5) The nearest other adult relative of the individual by blood or adoption who is reasonably available for consultation. (b) If any class entitled to act is not reasonably available and competent to serve, or declines to make a decision, the next class is authorized to act, but an equal division in a class does not permit the next class to act. (c) Decisions to grant or withhold consent must be made in good faith. A consent is not valid if it conflicts with the expressed intention of the individual. (d) A decision of the attending physician acting in good faith that a consent is valid or invalid is conclusive. (e) Life-sustaining treatment may not be withheld or withdrawn under this section from an individual known to the attending physician to be pregnant as long as it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

An attending physician or other health-care provider who is unwilling to comply with this chapter shall, as promptly as practicable, take all reasonable steps to transfer care of the declarant to another physician or health-care provider who is willing to do so. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

(a) In the absence of knowledge of the revocation of a declaration, a physician or other health-care provider is not subject to civil or criminal liability, or discipline for unprofessional conduct, for carrying out the declaration or the instructions of a designee under section 187(a) of this title, or for giving effect to a written consent under section 192 of this title. (b) A physician or other health-care provider, whose actions under this chapter are in accord with reasonable medical standards, is not subject to criminal or civil liability, or discipline for unprofessional conduct, with respect to those actions. (c) A physician or other health-care provider, whose decisions about the validity of consent under section 191 of this title are made in good faith, is not subject to criminal or civil liability, or discipline for unprofessional conduct, with respect to those decisions. (d) A designee under section 187(a) of this title or a person authorized to consent under section 192 of this title, whose decisions are made in good faith pursuant to this chapter, is not subject to criminal or civil liability, or discipline for unprofessional conduct, with respect to those decisions. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

In the absence of knowledge to the contrary, a physician or other health-care provider may assume that a declaration complies with this chapter and is valid. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

(a) A declaration executed in another state in compliance with the law of that state or of this Territory is validly executed for purposes of this chapter. (b) A declaration executed in a jurisdiction outside of the United States, its territories and possessions is validly executed for purposes of this chapter if it complies with the law of the state, territory or possession of the United States in which the person was domiciled at the time it was executed. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

An instrument executed before the effective date of this chapter which substantially complies with section 187(a) of this title shall be given effect pursuant to the provisions of this chapter. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

(a) Death resulting from the withholding or withdrawal of life-sustaining treatment in accordance with this chapter does not constitute, for any purpose, a suicide or homicide. (b) The making of a declaration pursuant to section 186 of this title does not affect in any manner the sale, procurement, or issuance of any policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity. A policy of life insurance or annuity is not legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an insured, qualified patient, notwithstanding any term to the contrary. (c) A person may not prohibit or require the execution of a declaration as a condition for being insured for, or receiving, health-care services. (d) This chapter creates no presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withholding, or withdrawal of life-sustaining treatment in the event of a terminal condition. (e) This chapter does not affect the right of a patient to make decisions regarding use of life-sustaining treatment, so long as the patient is able to do so, or impair or supersede any right or responsibility that a person has to effect the withholding or withdrawal of medical care. (f) This chapter does not require any physician or other health-care provider to take any action contrary to reasonable medical standards. (g) This chapter does not condone, authorize, or approve mercy-killing or euthanasia. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

(a) A physician or other health-care provider who willfully fails to transfer the care of a patient in accordance with section 193 of this title is guilty of a misdemeanor and shall be fined $500 or imprisoned for a period of not more than one year. (b) A physician who willfully fails to record the determination of terminal condition in accordance with section 190 of this title is guilty of a misdemeanor and shall be fined not more than $200 or imprisoned not more than one year, or both. (c) An individual who willfully conceals, cancels, defaces, or obliterates the declaration of another without the declarant's consent or who falsifies or forges a revocation of the declaration of another is guilty of a misdemeanor and shall be fined $200 or imprisoned not more than one year, or both. (d) An individual who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation as provided in section 189 of this title, is guilty of a misdemeanor and shall be fined $200 or imprisoned not more than one year, or both. (e) A person who requires or prohibits the execution of a declaration as a condition for being insured for, or receiving, health-care services is guilty of a misdemeanor and shall be fined $500 or imprisoned not more than one year, or both. (f) A person who coerces or fraudulently induces another to execute a declaration under this chapter is guilty of a misdemeanor and shall be fined $500 or imprisoned not more than one year, or both. (g) The sanctions provided in this section do not displace any other sanctions applicable under any other law. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. History: Added Oct. 13, 1993, No. 5894, § 1, Sess. L. 1993, p. 238.

This chapter may be cited as the Health Care Consent Act. History: Added July 21, 1993, No. 5877, § 1, Sess. L. 1993, p. 120.

As used in this chapter: (a) "Adult" means an individual 18 or more years of age. (b) "Health care" mean any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition. (c) "Health care provider" means a person who is licensed, certified or otherwise authorized pursuant to Title 27, chapter 1, subchapter II, Virgin Islands Code, to administer health care in the ordinary course of business or practice of a profession. (d) "Minor" means an individual who is not an adult. History: Added July 21, 1993, No. 5877, § 1, Sess. L. 1993, p. 120.

Unless incapable of consenting under section 204 of this title, an individual may consent to health care for himself if he is: (1) An adult; or (2) a minor and (A) is emancipated pursuant to Title 16, chapter 9, Virgin Islands Code; (B) has attained the age of 17 years and, regardless of the source of income, is living apart from his parents or from an individual in loco parentis and is managing his own affairs; (C) is or has been married; (D) is in the military service of the United States; or (E) is authorized to consent to his health care by any other law of this territory. History: Added July 21, 1993, No. 5877, § 1, Sess. L. 1993, p. 120.

As an individual otherwise authorized under this chapter may consent to health care unless, in the good faith opinion of the health care provider, the individual is incapable of making a decision regarding the proposed health care. History: Added July 21, 1993, No. 5877, § 1, Sess. L. 1993, p. 120.

(a) If an individual incapable of consenting under section 204 of this title has not appointed a health care representative under section 207 of this title or the health care representative appointed under section 207 of this title is not reasonably available or declines to act, consent to health care may be given: (1) by a guardian of his person, a representative appointed under section 208 of this title, or a representative designated or appointed under any other law of this Territory; or (2) by a spouse, parent, adult child, or adult sibling, unless disqualified under section 209 of this title, if there is no guardian or other representative described in paragraph (1) of this subsection or he is not reasonably available or declines to act, or his existence is unknown to the health care provider. (b) Consent to health care for a minor not authorized to consent under section 203 of this title may be given: (1) by a guardian of his person, a representative appointed under section 208, or a representative designated or appointed under any other law of this Territory; (2) by a parent or an individual in loco parentis, if there is no guardian or other representative described in paragraph paragraph (1)ubsection or he is not reasonably available or declines to act, or his existence is unknown to the health care provider; or (3) by an adult sibling of the minor, if a parent or an individual in loco parentis is not reasonably available, declines to act, or his existence is unknown to the health care provider. (c) An individual delegated authority to consent under section 206 of this title has the same authority and responsibility as the individual delegating the authority. (d) An individual authorized to consent for another under this section shall act in good faith and in the best interest of the individual incapable of consenting. History: Added July 21, 1993, No. 5877, § 1, Sess. L. 1993, p. 120.

(a) An individual authorized to consent to health care for another under section 205, subsection (a), paragraph (2) or subsection (b), paragraphs (2) or (3) of this title, who for a period of time will not be reasonably available to exercise the authority may delegate the authority to consent during that period to another not disqualified under section 209 of this title. The delegation must be in writing and signed and may specify conditions on the authority delegated. Unless the writing expressly provides otherwise, the delegate may not delegate the authority to another. (b) The delegant may revoke the delegation at any time by notifying orally or in writing the delegate or the health care provider. History: Added July 21, 1993, No. 5877, § 1, Sess. L. 1993, p. 120.

Revocation and Responsibility (a) An individual who may consent to health care under section 203 of this title may appoint another as a health care representative to act for the appointor in matters affecting his health care. (b) A health care representative appointed under this section must be an individual who may consent to health care under section 203. (c) An appointment and any amendment thereto must be in writing, signed by the appointor and a witness other than the health care representative and accepted in writing by the health care representative. (d) The appointor may specify in the writing, terms and conditions considered appropriate, including an authorization by the health care representative to delegate the authority to consent to another. (e) The authority granted becomes effective according to the terms of the writing. (f) The writing may provide that the authority does not commence until, or terminates when, the appointor becomes incapable of consenting. Unless expressly provided otherwise, the authority granted in the writing is not affected if the appointor becomes incapable of consenting. (g) Unless the writing provides otherwise, a health care representative appointed under this section, who is reasonably available and willing to act, has priority to act for the appointor in all matters of health care. (h) In making all decisions regarding the appointor's health care, a health care representative appointed under this section shall act: (1) in the best interest of the appointor consistent with the purposes expressed in the appointment; and (2) in good faith. (i) A health care representative who resigns or is unwilling to comply with the written appointment may exercise no further power under the appointment and shall so inform: (1) the appointor; (2) the appointor's legal representative, if one is known; and (3) the health care provider, if the health care representative knows there is one. (j) An individual who is capable of consenting to health care may revoke: (1) the appointment at any time by notifying the health care representative orally or in writing; or (2) the authority granted to the health care representative by notifying the health care provider orally or in writing. History: Added July 21, 1993, No. 5877, § 1, Sess. L. 1993, p. 120.

Representative (a) A health care provider or any interested individual may petition the Superior Court to: (1) make a health care decision or order health care for an individual incapable of consenting; or (2) appoint a representative to act for the individual. (b) Reasonable notice of the time and place of hearing a petition under this section must be given to the individual incapable of consenting and to individuals in the classes described in section 205 of this title who are reasonably available. (c) The court may modify or dispense with notice and hearing if it finds that delay will have a serious, adverse effect upon the health of the individual. (d) The court may order health care, appoint a representative to make a health care decision for the individual incapable of consenting to health care with such limitations on the authority of the representative as it considers appropriate, or order any other appropriate relief in the best interest of that individual, if it finds: (1) a health care decision is required for the individual; (2) the individual is incapable of consenting to health care; and (3) there is no individual authorized to consent or an individual authorized to consent to health care is not reasonably available, declines to act, or is not acting in the best interest of the individual in need of health care. History: Added July 21, 1993, No. 5877, § 1, Sess. L. 1993, p. 120.

(a) An individual who may consent to health care for himself under section 203 of this title may disqualify others from consenting to health care for him. (b) The disqualification must be in writing, signed by the individual, and designate those disqualified. (c) A health care provider who knows of a written disqualification may not accept consent to health care from a disqualified individual. (d) An individual who knows he has been disqualified to consent to health care for another may not act for the other under this chapter. History: Added July 21, 1993, No. 5877, § 1, Sess. L. 1993, p. 120.

(a) A health care provider acting or declining to act in reliance on the consent or refusal of consent of an individual who he believes in good faith is authorized by this chapter or other law of this Territory to consent to health care is not subject to criminal prosecution, civil liability, or professional disciplinary action on the ground that the individual who consented or refused to consent lacked authority or capacity. (b) A health care provider who believes in good faith that an individual is incapable of consenting under section 204 of this title is not subject to criminal prosecution, civil liability, or professional disciplinary action for failing to follow that individual's direction. (c) An individual who in good faith believes that he is authorized to consent or to refuse to consent to health care for another under this chapter or other law of the United States Virgin Islands is not subject to criminal prosecution or civil liability on the ground that he lacked authority to consent. History: Added July 21, 1993, No. 5877, § 1, Sess. L. 1993, p. 120.

An individual authorized to consent to health care for another under this chapter has the same right as does the individual for whom he is acting, to receive information relevant to the contemplated health care provider. Disclosure of information regarding contemplated health care to an individual authorized to consent for another is not a waiver of an evidentiary privilege. History: Added July 21, 1993, No. 5877, § 1, Sess. L. 1993, p. 120.

(a) This chapter does not affect the law of this Territory concerning an individual's authorization to make a health care decision for himself or another regarding withdrawing or withholding medical care necessary to preserve or sustain life. (b) This chapter does not affect the requirements of any other law of this Territory concerning consent to observation, diagnosis, treatment, or hospitalization for a mental illness. (c) This chapter does not authorize an individual to consent to any health care prohibited by the law of this Territory. (d) This chapter does not affect any requirements of notice to others of proposed health care under any other law of this Territory. (e) This chapter does not affect the law of this Territory concerning: (1) the standard of care of a health care provider required in the administration of health care; (2) when consent is required for health care; (3) informed consent for health care; or (4) consent to health care in an emergency. (f) This chapter does not prevent an individual capable of consenting to health care for himself or another under this chapter, including those authorized under sections 205, 206 and 207 of this chapter, from consenting to health care administered in good faith pursuant to religious tenets of the individual requiring health care. History: Added July 21, 1993, No. 5877, § 1, Sess. L. 1993, p. 120.

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among the jurisdictions enacting it. History: Added July 21, 1993, No. 5877, § 1, Sess. L. 1993, p. 120.

The Legislature of the Virgin Islands finds that: (1) Heart disease is a leading cause of death in the Virgin Islands; (2) The American Heart Association estimates that 250,000 Americans die from sudden cardiac arrest each year; (3) A cardiac arrest victim's chance of survival drops 10 percent for every minute that passes before his or her heart is returned to normal rhythm; (4) Because most cardiac arrest victims are initially in ventricular fibrillation, and the only treatment for ventricular fibrillation is defibrillation, prompt access to defibrillation to return the heart to normal rhythm is essential; (5) Lifesaving technology, the automated external defibrillator, has been developed to allow trained lay rescuers to respond to cardiac arrest by using this simple device to shock the heart into normal rhythm; (6) Those people who are likely to be first on the scene of a cardiac arrest situation in many communities, particularly smaller and rural communities, lack sufficient numbers of automated external defibrillators to respond to cardiac arrest in a timely manner. By "automatic external defibrillator, or AED", it is meant a medical device heart monitor and defibrillator that has been approved, or cleared for marketing by the United States Food and Drug Administration; (7) The American Heart Association estimates that more than 50,000 deaths could be prevented each year if defibrillators were more widely available to designated responders; (8) Legislation is needed to encourage greater public access to automated external defibrillators in the Virgin Islands. History: Added Dec. 23, 2003, No. 6634, § 28, Sess. L. 2003, p. 132.

As used in this chapter "automatic external defibrillator", or "AED," means a device that has received approval of its pre-market notification by the United States Food and Drug Administration pursuant to 21 U.S.C. §301 et seq., and is: capable of recognizing the presence or absence of ventricular fibrillation or rapid tachycardia; capable of determining, without intervention by an operator, whether defibrillation should be performed; and upon making such determination, automatically charges and requests delivery of an electrical impulse to individual's heart. History: Added Dec. 23, 2003, No. 6634, § 28, Sess. L. 2003, p. 133.

(a) A person or entity, including a Government entity that acquires an AED shall ensure that: (1) The users receive appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED by the American Heart Association, National Safety Council, American Safety and Health Institute, American Red Cross, or by any other nationally recognized course provider in CPR and AED use; (2) The defibrillator is maintained and tested according to the manufacturer's guidelines; (3) There is involvement of the V.I. Department of Health with the entity's program, so as to ensure compliance with the requirements for training, EMS notification and maintenance; (4) Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the emergency medical services system as soon as possible, and reports any clinical use of the AED to the licensed physician or medical authority; and (5) Any person or entity that acquires an AED shall notify an agent of the emergency communications or vehicle dispatch center of the location and type AED. The emergency communications or vehicle dispatch center must thereafter notify the V.I. Department of Health of the location and type of AED within 30 days. History: Added Dec. 23, 2003, No. 6634, § 28, Sess. L. 2003, p. 133; amended Oct. 7, 2011, No. 7302, § 1(a), (b), Sess. L. 2011, p. 192.

(a) Except as provided in subsection (b), any person who uses or attempts to use an automated external defibrillator device in good faith and in a reasonably prudent manner, on a victim of a perceived medical emergency is immune from civil liability for any harm resulting from the use or attempted use of such device, and in addition, any person who acquired the device is immune from such liability. (b) Immunity under this section does not apply to a person if (1) the harm involved was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim who was harmed; (2) the person is a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional and within the scope of the employment or agency of the professional; (3) the person is a hospital, clinic, or other entity whose purpose is providing health care directly to the patients, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent; or (4) the person is an acquirer of the device to a health care entity, or who otherwise provided the device to such entity for the compensation without selling the device to the entity, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent. History: Added Dec. 23, 2003, No. 6634, § 28, Sess. L. 2003, p. 134.

The Commissioner of Health may form community partnerships with other governmental departments and agencies and private organizations and, through such partnerships, seek grants from the United States Secretary of Health and Human Services for the purchase of AED training for users. History: Added Dec. 23, 2003, No. 6634, § 28, Sess. L. 2003, p. 134.

(a) Any department, agency or instrumentality of the branches of the Government of the Virgin Islands with a staff of forty or more employees shall maintain an AED on the premises. (b) Notwithstanding subsection (a) of this section, each public high school with an inter-scholastic athletic program must maintain an AED on the premises, which must be accessible during any school related programs, functions or sporting events. At least one AED trained school staff member must be present at such programs, functions or sporting events. (c) Each dental office within the territory, regardless of size, must maintain an AED on its premises if such dental office provides general anesthesia to its patients. (d) Each gym or health club with a membership of at least 75 persons must maintain an AED on its premises, which must be readily accessible. At least one AED trained employee must be present at such gym or health club during business hours. History: Added Dec. 23, 2003, No. 6634, § 28, Sess. L. 2003, p. 135; amended Oct. 7, 2011, No. 7302, § 2, Sess. L. 2011, pp. 192, 193.

This chapter shall be known as and may be cited as "The Virgin Islands Cardiac Arrest Survival Act". History: Added Dec. 23, 2003, No. 6634, § 28, Sess. L. 2003, p. 135.

(a) The V.I. Department of Health must establish an official AED registry for the territory not later than 30 days after the enactment of this Act, which must, at a minimum, provide the location and type of AED. The official AED registry shall be known and may be cited as the "Allan M. Woods AED Registry." Notwithstanding subsection (b) of this section, the Department must establish location criteria for placement of copies of the official AED registry, and the Commissioner of the Department may negotiate for such additional location placement with any private or public person or entity. (b) The official registry established by subsection (a) must be placed in readily accessible or conspicuous locations at all police stations, fire stations and airports. (c) The V.I. Department of Health must establish requirements for AED training certification and additional registration requirements it deems appropriate not later than 30 days after the enactment of this Act. (d) AED training must be conducted by the American Red Cross or other similar organization qualified to conduct AED training on both the island of St. Croix and the island of St. Thomas. History: Added Oct. 7, 2011, No. 7302, § 3, Sess. L. 2011, p. 193.

(1) "Ambulatory surgical facility" means a facility, not a part of a hospital, including "freestanding facilities", which provides surgical treatment to patients not requiring hospitalization. (2) "Bad debt" means the unreimbursed cost to the Corporation of providing health care services on an inpatient or emergency department basis to a person who is financially unable to pay, in whole or in part, for the services rendered and whose account has been classified as bad debt based upon the Corporation's bad debt policy. The Corporation's bad debt policy shall be in accordance with generally accepted accounting principles (GAAP) and with all cost reports submitted annually to the Centers for Medicare and Medicaid Services (CMS). (3) "Board" refers to each of the following Boards individually for matters pertaining to them-Allied Health Professions Board, Laboratory Licensure Board, Podiatry Board, Veterinary Board, Pharmacy Board, Optometry Board, Nurse Licensure Board, Medical Board, Psychology Board, Dental Board, Chiropractic Board, and Physical Therapy Board. (4) "Capital expenditure" means an expenditure made by or on behalf of a health care facility which under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance, and which is $100,000 or more for each twelve-month period. The cost of any studies, surveys, designs, plans, working drawings, specifications and other activities essential to the acquisition, improvement, expansion or replacement of any facility or equipment with respect to which an expenditure is made shall be included in determining if the expenditure exceeds the expenditure minimum of $100,000. (5) "Certificate of Need (CON)" means a process whereby the territory grants permission to health care providers to establish health care services, expand health care services, construct health care facilities, and/or acquire major medical equipment which satisfies an estimated unmet need in a defined health service geographic area. (6) "Charity care" means the unreimbursed cost to the Corporation of providing health care services on an inpatient or emergency department basis to a person classified by the Corporation as financially indigent or medically indigent. (7) "Financially indigent" means an uninsured or underinsured person who is accepted for care with no obligation or a discounted obligation to pay for services rendered based on the eligibility system developed by the Corporation. (8) "Health care service" means clinically related services (i.e., diagnostic, treatment, or rehabilitative) and includes alcohol, drug abuse, and behavioral health services, home health care services and homemaker services, ambulance services, including ambulance, boat and other medical transportation, pharmacies, laboratories, radiology services, and medical and prosthetic supply services, including institutional health services and pre-hospital emergency ambulance services. (9) "Health facility" means hospitals, health care clinics, health centers, skilled nursing facilities, behavioral health facilities, kidney disease treatment centers (including freestanding hemodialysis units), intermediate care facilities, ambulatory surgical facilities, rehabilitation facilities, health maintenance organizations, and hospice care facilities. (10) "Health maintenance organization" or "HMO" means a public or private organization organized under the laws of the Virgin Islands, which: (i) provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: usual physician services, hospitalization, laboratory, x- ray, emergency preventive services, and out-of-area coverage; (ii) is compensated (except for copayments) for the provision of basic health care services to enrolled participants by a payment which is paid on a periodic basis without regard to the date the health care services are provided and which is fixed without regard to the frequency, extent, or kind of health services actually provided; and (iii) provides physicians' services primarily (A) directly through physicians who are either employees or partners of the organization, or (B) through arrangements with an individual group practice or on an individual practice basis. (11) "Hospice care" means the following items and services provided to a terminally ill individual by, or by others under arrangements made by, a hospice program under a written plan for providing such care to the individual established and periodically reviewed by the individual's attending physician, and by the medical director and an interdisciplinary group of the program: (A) nursing care provided by or under the supervision of a registered professional nurse, (B) physical or occupational therapy or speech-language pathology, (C) medical social services under the direction of a physician, (D) home health aide and homemaker services, (E) medical supplies (including drugs and biologicals) and the use of medicinal applicants, (F) short-term inpatient care (including both respite care and procedures necessary for pain control and acute and chronic symptom management) in an inpatient facility, and (G) counseling (including dietary counseling with respect to care of the terminally ill individual and adjustment to his death. (12) "Hospital" means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care of inpatients by or under the supervision of a physician. (13) "Institutional health service" means organized health services which are provided in or through health care facilities, and includes other entities in or through which such services are provided, and which entail annual operating expenses of at least $100,000. (14) "Intermediate care facility" means an institution which provides to inpatients, on a regular basis, health-related care and treatment which a hospital or skilled nursing facility provides but who, because of their physical condition, require health related care and services above the level of room and board. (15) "Major medical equipment" means medical equipment which is used to provide medical and other health services and which costs $100,000 or more. In determining whether medical equipment costs $100,000 or more, the specifications and other activities essential to the acquisition of such equipment shall be included. (16) "Medically indigent" means a person whose medical or hospital bills after payment by third-party payers (to include but not limited to Medicaid and Medicare) exceed a specified percent of the patient's annual gross income, determined in accordance with the Corporation's eligibility system, and the person is financially unable to pay the remaining bill. (17) "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery in the Virgin Islands. (18) "Psychiatric hospital" means an institution which primarily provides to inpatients, by or under the supervision of a physician, specialized services for the diagnosis, treatment and rehabilitation of mentally ill and emotionally disturbed persons. (19) "Rehabilitation facility" means an inpatient facility which is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of medical and other services which are provided under competent professional supervision. (20) "Skilled nursing facility" means an institution or a distinct part of an institution which primarily provides to inpatients skilled nursing care, and related services for patients who require medical or nursing care, or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. (21) "Stand-alone facility" means a facility that furnishes health care services which is neither integrated with, nor is a department of a hospital and is physically separate and freestanding. (22) "Uncompensated care" means the sum of "charity care" and "bad debt" resulting from health care services provided by the Corporation after due diligence to collect. Contractual adjustments in reimbursement for services based upon an agreement with a payer (to include but not limited to Medicaid and Medicare are not uncompensated care. (23) "Urgent care facility" means a facility outside of a hospital which provides medical care and services to people with urgent but not serious medical problems. They are alternatives to emergency rooms. History: Amended Mar. 27, 1992, No. 5783, § 1, Sess. L. 1992, p. 56; amended Oct. 12, 2018, No. 8129, § 1(1), (2), Sess. L. 2018, p. 246; amended Jan. 6, 2019, No. 8152, § 1(a)(6), Sess. L. 2018, p. 327; amended Nov. 23, 2020, No. 8391, § 1(a), (b)(1)-(6), (c), Sess. L. 2020, p. 232, 233.

The purpose of this chapter is to provide for the development, establishment and enforcement of standards for: (1) the care and treatment of individuals in and by health facilities and health services; (2) a certificate of need program which applies to the determination of community need for the obligation of capital expenditures, the offering of new health facilities and health services, and the acquisition of major medical equipment; and (3) the construction, maintenance and operation of health facilities and health services. History: Amended Mar. 27, 1992, No. 5783, § 1, Sess. L. 1992, p. 56.

No person, organization or governmental unit, acting severally or jointly with any other person, organization or governmental unit shall establish, construct, or expand a health facility or health service, or incur capital expenditure on behalf of a health facility or health service, or acquire major medical equipment in the Virgin Islands without a certificate of need as provided in this chapter. History: Amended Mar. 27, 1992, No. 5783, § 1, Sess. L. 1992, p. 56.

An application for a certificate of need shall be made to the Commissioner upon forms provided by the Commissioner and shall be accompanied by written proposals, drawings, layouts, permits and any other documents required by the Commissioner as set forth in rules and regulations to this chapter. Each application shall be accompanied by a fee, established by the Commissioner, which shall be remitted to the Commissioner of Finance and covered by him into the Health Revolving Fund of the Treasury of the Virgin Islands. History: Amended Nov. 7, 1983, No. 4877, § 310(f)(1), Sess. L. 1983, p. 240; Mar. 27, 1992, No. 5783, § 1, Sess. L. 1992, p. 56.

Upon receipt of an application for a certificate of need and fee as provided for in section 224 of this chapter, the Commissioner shall review such application to determine whether the proposed establishment, construction, or expansion of a health facility or health service, or incurring of capital expenditure on behalf of a health facility or health service, or acquisition of major medical equipment is consistent with the Territorial Health Plan for the Virgin Islands. The Commissioner shall establish rules and regulations for the review of certificate of need applications. The Commissioner shall issue a certificate of need if the applicant and the proposed establishment, construction, or expansion of a health facility or health service, or incurring of capital expenditure on behalf of a health facility or health service, or acquisition of major medical equipment meet the requirements established under this chapter. A certificate of need for Government Hospitals or other related Government health care facilities, unless sooner suspended or revoked, shall be renewable once every one to three years without charge upon filing by the applicant and approval by the Commissioner, of a report upon such uniform dates and containing such information in such form as the Commissioner prescribes by regulation. Each certificate of need shall be issued only for the premises and persons named in the application and shall not be transferable or assignable except with written approval of the Commissioner. Each certificate of need shall be posted in a conspicuous place on the applicable premises or shall otherwise be available for public inspection. History: Amended Mar. 27, 1992, No. 5783, § 1, Sess. L. 1992, p. 56; Feb. 21, 2002, No. 6501, § 2, Sess. L. 2002, p. 211.

Determination (a) The Commissioner, after notice and opportunity given to the applicant to be heard, may refuse to issue a certificate of need or suspend or revoke a certificate of need, in any case in which he finds there has been a substantial failure to comply with the requirements established under this chapter. (b) The notice referred to in subsection (a) of this section shall be effected by registered mail or personal service, setting forth the particular reasons for the proposed action and fixing a date not less than 30 calendar days from the date of such mailing or service, at which the applicant shall be given an opportunity for a prompt and fair hearing. On the basis of any such hearing, or upon default of the applicant, the Commissioner shall make a determination specifying his findings of fact and conclusions of law. A copy of the determination shall be sent by registered mail to, or served personally upon the applicant; and if it is the Commissioner's determination that a certificate of need should be suspended or revoked, he shall make written notification that such action was taken. A decision refusing to recommend the issuance of a certificate of need, or a decision to recommend the suspension or revocation of a certificate of need shall be final 30 calendar days after it is mailed or served as provided in this section unless the applicant, within such 30-day period, appeals the decision to the court as provided in section 227 of this title. (c) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the Commissioner. A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to section 227 of this chapter. A copy or copies of the transcript may be obtained by an interested party upon payment of the cost of preparing such copy or copies. Witnesses may be subpoenaed by either party. History: Amended Mar. 27, 1992, No. 5783, § 1, Sess. L. 1992, p. 56.

Any party to the proceeding referred to in section 226 of this title who is aggrieved by the decision of the Commissioner may, within 30 calendar days after the mailing or service of notice of the decision as provided in such section, file a notice of appeal in the Superior Court. A copy of the notice of appeal shall be served upon the Commissioner. Promptly upon receipt of a copy of such notice, the Commissioner shall certify and file with the court a copy of the record and decision, including the transcript of the hearing on which the decision is based. Findings of fact by the Commissioner shall be conclusive unless substantially contrary to the weight of the evidence, but upon good cause shown, the court may remand the case to the Commissioner for the purpose of taking additional evidence, and the Commissioner may thereupon affirm, reverse, or modify his decision. The court may affirm, modify, or reverse the decision of the Commissioner, and either party to the proceeding may apply for such further review as is provided by law. Pending final disposition of the matter, the status quo of the applicant shall be preserved, except as the court otherwise orders in the public interest. History: Amended Mar. 27, 1992, No. 5783, § 1, Sess. L. 1992, p. 56.

No organization or governmental unit, acting severally or jointly with any other organization or governmental unit, shall establish, conduct or maintain a health facility or health service in the Virgin Islands without a license as provided in this chapter. It shall be unlawful for any organization, governmental unit or facility to engage in the provision of a health service or any other system for the treatment of injuries, diseases, pain or deformity or of any mental or physical condition except as provided in this chapter. Any organization, governmental unit or facility desiring to provide a health service shall first obtain a license to do so in accordance with the provisions of this chapter. Issuance of a certificate of need, as provided by section 225 of this chapter, shall be a prerequisite to the issuance of a license to a new health facility or health service. Provision of any such service in the absence of such a license shall be strictly prohibited and shall subject said service or facility to the penalties provided by this chapter. History: Amended Mar. 27, 1992, No. 5783, § 1, Sess. L. 1992, p. 56.

Applications for license shall be on the form specified by the Commissioner, shall be sent to the Commissioner and shall be accompanied by satisfactory proof that the principal sponsor of the health facility or health service: (1) is twenty-one years of age or over; (2) is of good moral character as shown by at least two letters of favorable character testimony; and (3) is not addicted to intemperate use of alcoholic stimulants or narcotic drugs. The application shall contain such information as the Commissioner reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards and regulations as are lawfully prescribed under the provisions of this chapter. History: Amended Mar. 27, 1992, No. 5783, § 1, Sess. L. 1992, p. 56.

(a) The Commissioner may deny, revoke, or suspend a license based upon proof that the health service or facility is: (1) guilty of fraud or deceit in procuring or attempting to procure a license to provide the health service; (2) guilty of a felonious act; (3) incompetent by reason of negligence; (4) in violation of professional standards of care; or (5) incompetent in the performance of functions or duties. A revoked or suspended license may be reissued after one year. Appeals from actions of the Commissioner may be made to a competent court of law. (b) Whoever establishes, conducts, manages, or operates any health facility or health service for the practice of a health profession without a license under this chapter shall be fined not more than $500 for the first offense and not more than $1,000 for each subsequent offense. Each day of a continuing violation after conviction shall be considered a separate offense. History: Amended Mar. 27, 1992, No. 5783, § 1, Sess. L. 1992, p. 56.

Upon the filing of a sworn complaint with the Commissioner charging a health facility or health service with having been guilty of any action specified by this chapter as grounds for disciplinary action, the Commissioner shall appoint a committee to investigate the charge and conduct a hearing. A notice of the hearing shall be served on the accused at least 20 days prior thereto. The attendance of witnesses and production of evidence at the hearing may be compelled by notice issued by the Commissioner, which shall be served in accordance with law. The accused shall have the right to appear personally or by counsel or both, to procure witnesses, and to offer evidence on his or her behalf. A complete stenographic record of all hearings shall be kept and made available in the case of appeals. The committee shall provide recommendations to the Commissioner, which shall form the basis for disciplinary action. The accused shall be notified by the Commissioner of this action within 20 days of the recommendation of the committee. Appeals from recommendations of the committee and disciplinary action by the Commissioner may be made to a competent court of law. History: Amended Mar. 27, 1992, No. 5783, § 1, Sess. L. 1992, p. 56.

(a) The Commissioner shall act upon every complaint which it receives from a patient, user or consumer of services concerning the quality of health care provided by the health facility or health service. Every board in the Virgin Islands responsible for licensing health professionals shall forward all such complaints from patients, users or consumers to the Commissioner. Patients, users or consumers who wish to file such a complaint may file the complaint directly with the Commissioner within 90 days of the incident. (b) All complaints submitted to the Commissioner shall be in writing. The Commissioner may furnish appropriate forms to the complainants to aid them in preparing their complaints. (c) In carrying out his/her duty to act upon each complaint, the Commissioner shall communicate with the health facility or health service and attempt to resolve the complaint. The Commissioner shall request from the health facility or health service all records which are necessary in order to investigate and evaluate the complaint. The Commissioner shall institute disciplinary proceedings and take appropriate disciplinary action, which may include suspension or revocation of the license. (d) Upon completion of his/her investigation of a complaint, the Commissioner shall issue a report containing his/her findings and recommendations and forward a copy of the report to the complainant who may submit written comments concerning the report to the Commissioner within thirty (30) days. Said comments shall be attached to the report and filed with the report. (e) The Commissioner shall maintain permanent files of these reports. Title reports shall not be considered public records provided that the complainant and the health facility or health service which is the subject of the complaint or their representative shall be allowed to inspect the record. History: Amended Mar. 27, 1992, No. 5783, § 1, Sess. L. 1992, p. 56.

History: Repealed. Mar. 27, 1992, No. 5783. § 1, Sess. L. 1992, p. 56.

(a) Every hospital shall maintain program for the identification and prevention of medical malpractice. Such a program shall include the following: (1) The establishment of a Quality Assurance Committee, hereinafter, the "Committee", with the responsibility to review services rendered to patients. The Committee shall oversee and coordinate a malpractice prevention program and shall insure that information gathered pursuant to such program is utilized to review and revise hospital policies and procedures. (2) The periodic review by the Committee of the credentials, physical and mental capacity, and competence of all health care providers employed by or associated with the hospital. (3) A procedure for the prompt resolution of grievances of patients or their representatives concerning accidents, injuries, treatment and other events that may result in claims of malpractice. (4) The maintenance and continuous collection of information concerning the hospital's experience with negative health care outcomes and incidents injurious to patients, patient grievances, professional liability premiums, settlements, awards, costs incurred by the hospital for patient injury prevention, and safety improvement activities. (5) The maintenance of appropriate and relevant information pursuant to paragraphs (1) throuparagraphs (1) through (4) concerning individual health care providers. Such information shall be maintained in a personnel or credential file maintained by the hospital. (6) Educational programs dealing with patient safety, injury prevention, staff responsibility to report suspected professional misconduct, the legal aspects of patient care, improved communication with patients, and causes of malpractice claims. (7) Continuing education programs for staff in their areas of specialty. (b) Any person who, in good faith, provides information to the Committee, or who is a member of the Committee, shall not be subject to an action for civil damages as a result of such activity. (c) The Committee shall promulgate and enforce such rules and regulations as it deems appropriate to effectuate the purposes of this section. History: Added June 20, 1986, No. 5175, § 8, Sess. L. 1986, p. 177.

(a) Prior to granting professional privileges to or hiring any health care provider, a hospital shall obtain from the health care provider the following information: (1) The names of any hospital or medical facility with or at which the health care provider had or has any association, employment, privileges or practice. (2) Any pending professional misconduct proceeding or any pending malpractice action against the person, the substance of the allegations or actions, and any additional information concerning such proceedings or actions as the health care provider may deem appropriate. (3) The substance of the findings in such actions or proceedings and any additional information concerning such actions or proceedings as the health care provider may deem appropriate. (4) A waiver by the health care provider of any confidentiality provisions concerning the information required to be provided pursuant to this section. (5) A verification by the health care provider that the information provided is true and accurate. (b) Prior to granting privileges to or hiring any health care provider a hospital shall request from any hospital, medical facility, or other former employer of the person, the following information: (1) Any pending professional medical conduct proceedings or any pending medical malpractice actions. (2) Any judgment or settlement of a medical malpractice action and any finding of professional misconduct. (c) If requested by the Commissioner of Health, a hospital shall provide documentation that prior to granting privileges to or employing any health care provider the hospital complied with the requirements of this section. History: Added June 20, 1986, No. 5175, § 8, Sess. L. 1986, p. 178.

Institutions (a) A hospital or other medical facility owned by the Government of the Virgin Islands shall not be used as a teaching facility by or for medical education institutions unless: (1) the sponsoring medical educational institution has entered into a written contract with the Government of the Virgin Islands which contains the terms and conditions, including remuneration to the Government, under which such facilities will be used; (2) the contract under paragraph paragraph (1) subsection is submitted to and approved by the Committee on Finance of the Legislature; (3) the contract under paragraph (1) includes provisions for medical malpractice insurance as required under subsection (c) of this section. (b) A contract submitted to the Finance Committee of the Legislature shall be deemed approved if no action of disapproval is taken within 45 days after it is received by the Chairman of the Committee. (c) Before a medical student can participate in any clinical clerkship or training of any kind in any hospital or other medical facility owned by the Government of the Virgin Islands, the sponsoring medical education institution shall file a valid certificate of insurance with the Government Health Facilities Board and the Commissioner of Insurance. Such certificate shall state that medical malpractice insurance has been obtained for the period of clerkship or training at least equal to that provided under Title 27, section 166e, Virgin Islands Code. The certificate shall provide coverage for the Government of the Virgin Islands, the Department of Health, the faculty utilized by the sponsoring medical education institution and any employees of the Government of the Virgin Islands or the Department of Health who supervise the students. The premium for the coverage shall be paid by the sponsoring medical education institution. History: Added June 20, 1986, No. 5179, § 1, Sess. L. 1986, p. 190.

Hospital Facilities Any contract for the management and administration of any government hospital facility shall be approved by the governing board of such facility. The term of such contract shall not exceed three (3) years, but may be renewed. The contract shall be let pursuant to the bidding requirements of Title 31, chapter 23, Virgin Islands Code. History: Added June 20, 1986, No. 5179, § 2, Sess. L. 1986, p. 191.

The Legislature of the Virgin Islands hereby declares that: (a) Quality, comprehensive health care should be available to every resident of, and visitor to, the Virgin Islands. (b) Efficient, affordable health care delivery must be available and accessible throughout the Virgin Islands. (c) Formulation and coordination of major health care hospital policy must be made on a Territorial-wide basis with the day-to-day operating decisions delegated to district-level managers. (d) The creation of separate hospital facilities boards in 1986 and the subsequent creation of District Governing Boards in 1994 did not permit consistent, continuous health care delivery and failed to provide for Territory-wide health care hospital policy decisions. (e) Effective health care delivery requires a new management structure that preserves decentralized control over health facilities, yet incorporates the benefits of territory-wide planning and coordination. (f) As long as a significant portion of the health facilities budget is appropriated from public revenues, the Government must be represented in any health care management structure. (g) It is the goal of the health care facilities and the Government of the Virgin Islands that the facilities shall increase collection of patient care revenues. (h) Payments from the general revenues of the Government of the Virgin Islands shall compensate the facilities for uncompensated care, in order to ensure the availability of quality, comprehensive health care to indigent as well as other residents of the Virgin Islands. (i) Incentives must be included in the system to encourage health care managers to attain greater self- sufficiency through collection of health care costs from those using the services who are capable of paying. (j) It is the purpose of this act to create a Hospitals and Health Facilities Corporation which shall manage health care delivery in partnership with the Government of the Virgin Islands. (k) This corporation is expressly limited to the powers granted by this act, which powers may be expanded by amendments to this act as the corporation meets established performance standards and attains greater financial self-sufficiency. (l) All rights and privileges of hospital and health facilities employees under the Personnel Merit System and collective bargaining agreements which existed prior to enactment of this act are preserved and continued as if, without interruption, under the provisions of this act. (m) Notwithstanding any other law to the contrary, each Board, in order to promote its orderly and efficient administration and operation, is hereby authorized to establish and maintain separate accounts for the prompt payment of its respective expenses. History: Added Sept. 2, 1994, No. 6012, § 2, Sess. L. 1994, p. 187; amended Oct. 31, 1998, No. 6266, § 7, Sess. L. 1998, p. 440; amended Mar. 27, 2015, No. 7731, § 3, Sess. L. 2015, p. 14; amended Nov. 23, 2020, No. 8391, § 2(a)(1)-(5), Sess. L. 2020, p. 233.

As used in this chapter, unless a different meaning is clearly otherwise required from the text: (a) "Board" means the Boards of Directors of the V.I. Government Hospitals and Health Facilities Corporation. (b) "Corporation" means the V.I. Government Hospitals and Health Facilities Corporation. (c) "District Board" means the respective District Governing Boards of the corporation for the District of St. Croix and the District of St. Thomas-St. John. (d) "Districts" or "island districts" means the District of St. Croix and/or the District of St. Thomas-St. John. (e) "Governor" means the Governor of the Virgin Islands. (f) "Health care facilities" or "health facilities" means the hospitals and clinics under the jurisdiction of the corporation. History: Added Sept. 2, 1994, No. 6012, § 2, Sess. L. 1994, p. 187; amended Nov. 23, 2020, No. 8391, § 2(b), Sess. L. 2020, p. 233.

It is the purpose of the V.I. Governmental Hospitals and Health Facilities Corporation to: (a) provide quality, comprehensive health care through the efficient management of hospitals and health facilities; and (b) formulate and coordinate major health care hospital policy for the territory and delegate day-to-day operating hospital policy decisions to the District Governing Boards; and (c) determine major health care services to be provided in each district and eliminate duplication of major services and specialties in order that limited resources are used to maximize a diversity of services throughout the territory; and (d) attain greater self-sufficiency in health care delivery through enhanced collection of health care costs from those using the services who are capable of paying; and (e) demonstrate through fiscal responsibility and efficient management its ability to effectively operate the territorial health care delivery system; and (f) achieve its purposes through the exercise of its powers; and (g) maintain a partnership with the V.I. Government for as long as a significant portion of the cost of health care delivery constitutes uncompensated care. History: Added Sept. 2, 1994, No. 6012, § 2, Sess. L. 1994, p. 187; amended May 14, 1999, No. 6279, § 1 1., Sess. L. 1999, p. 8; amended Nov. 23, 2020, No. 8391, § 2(c)(1), (2), Sess. L. 2020, p. 233.

(a) There is hereby created the Virgin Islands Government Hospitals and Health Facilities Corporation. The corporation is a body corporate and politic constituting a public benefit corporation of the Government of the Virgin Islands. It shall have those powers and duties expressly provided by law and no others. (b) The Corporation shall be administered by a Board of Directors consisting of 13 members as follows: five members representing the District Board of St. Croix, five members representing the District Board of St. Thomas-St. John, and three cabinet level members or appropriate designee. Members appointed by the District Boards will be comprised of two doctors elected by their respective members of the District Boards, two nurses, two Attorneys, two Certified Public Accountants, and two Engineers or Architects one each from the Districts of St. Croix and St. Thomas/St. John. Cabinet members include the Director of Property and Procurement, the Director of the Office of Management and Budget or Commissioner of Finance and an additional cabinet level member or appropriate designee appointed by the Governor. Seven voting members of the board shall constitute a quorum and all final decisions of the board must be voted on by a quorum. (c) All members of the Board of Directors shall serve terms of three years, except that initial appointments of doctors and nurses are 4 years for the first term and may revert back to three years after the first term. No more than four members' terms shall expire in the same twelve-month period. (d) Members shall receive $100 for each day or portion thereof spent on the official business of the Board of Directors. No other compensation shall be awarded, but each member shall be reimbursed for actual and necessary expenses incurred by them in the performance of their official duties. No employee of the Government of the Virgin Islands subject to supervision by the corporation or who is a member of the same collective bargaining unit as an employee subject to supervision by the corporation, except one doctor and one nurse, and from each District, may serve as a member of the Board of Directors of the Corporation except two doctors and one nurse for the District Governing Board. (e) The Board of Directors shall elect from among its members a chairman and such other officers as it may deem appropriate. (f) The Board of Directors shall meet at such times and in such places as it deems necessary, but not less than once each quarter; provided, however, that no two consecutive meetings shall be in the same island district without approval of two-thirds of the members present and voting; provided further, that at least one meeting per year shall be held on the island of St. John. (g) The corporation shall have two district governing boards, one for the District of St. Croix and one for the District of St. Thomas-St. John. Each district board shall have nine members, all of whom shall represent their respective island district. District Board members shall serve terms of three years. Two members shall be doctors elected by their respective members of the Association of Hospital Employed Physicians. One member shall be a nurse elected by the Virgin Islands Nurses Association. One member shall be an Attorney elected by their respective members of the Virgin Islands Bar Association. One member shall be a Certified Public Accountant elected by their respective members of the Virgin Islands Board of Accountancy. One member shall be an Engineer or Architect elected by their respective members of the Virgin Islands Board of Architects, Engineers and Land Surveyors. Three members of each district board shall be appointed by the Governor with the advice and consent of the Legislature, one of which shall be a member of the Chamber of Commerce. Members appointed by the Governor shall not serve on the Board of Directors of the Corporation. No person appointed to represent a district may reside in a district different from that which he has been appointed to represent. Each district board shall elect its own chairman and such other officers as it deems appropriate. Members of each district board shall receive $100 for each day or part thereof spent on the official business of the district board and shall be reimbursed for actual and necessary expenses incurred by them in the performance of their official duties. Not more than three of the non-elected members of each district board may be employees of the Government of the Virgin Islands. No employee subject to supervision by the corporation or who is a member of the same collective bargaining unit as an employee subject to supervision by the corporation, except two doctors and one nurse, and elected by their respective members, may serve as a member of a district board. Operating costs for each District Board shall be charged to the hospital in the respective district. For purposes of this section, "for cause" is defined as any violation of the bylaws of the corporation. Five voting members of the board shall constitute a quorum and all final decisions of the board must be voted on by a quorum. (h) Notwithstanding Title 3, section 65a, Virgin Islands Code, each member of the Board of Directors and each member of the District Boards may continue to serve until his successor is qualified but in any event no longer than 180 days. Vacancies occurring during the term of any member of the Board of Directors or the District Boards shall be filled in the manner of the original appointment for the unexpired term. If professional organizations fail to name hoard members within sixty (60) days of written request, the district board shall select an interim member to fill vacant positions until the organization names a member. (i) The Board of Directors shall formulate and determine hospital policy and planning for health care delivery at the territorial level. It shall coordinate hospital policy, planning and decisions between the two districts to ensure efficient and coordinated hospital policy direction between the districts. The District Governing Boards shall formulate and determine hospital policy and planning for health care delivery for their respective districts consistent with the hospital policy and planning established by the Board of Directors for the Territory. In the event of a dispute between the District Boards, or between a District Board and the Board of Directors, the Board of Directors shall resolve the dispute by majority vote. The Board of Directors and the District Governing Boards shall delegate management operations to the appropriate staff and hold the staff accountable for the execution of hospital policy decisions. No Board member or District Board member shall become involved in the day-to-day management operations of the hospitals or health care facilities. (j) Notwithstanding subsections (b) and (g), the Government Hospitals and Health Facilities Corporation Board or either District Governing Board may act upon the vote of a majority of the members present and voting at a meeting. History: Added Sept. 2, 1994, No. 6012, § 2, Sess. L. 1994, p. 187; amended May 14, 1999, No. 6279, § 1 2., Sess. L. 1999, p. 8; Feb. 21, 2002, No. 6501, § 3, Sess. L. 2002, p. 212; amended Jan. 20, 2017, No. 7966, § 1, Sess. L. 2016, p. 386; amended Dec. 30, 2020, No. 8438, § 1(a)-(g)(1)-(3), Sess. L. 2020, p. 345-347; amended Dec. 31, 2024, No. 8979, § 9, Sess. L. 2024, p. -.

The V.I. Government Hospitals and Health Facilities Corporation shall have the power to: (a) sue and be sued subject to the limitations and requirements of existing law applicable to the Government of the Virgin Islands; Provided That, the Corporation may report any individual to the Credit Bureau and may file a civil action although the Government may owe the individual income tax refunds or retroactive payments notwithstanding the provisions of Act No. 6190 § 5; (b) have a seal and alter the same at its pleasure; (c) adopt, alter, amend or repeal bylaws or rules or regulations for the organization, management, and regulation of its affairs consistent with this chapter and all other applicable law; (d) make and execute contracts and leases and all other agreements or instruments necessary or convenient for the exercise of its powers and the fulfillment of its corporate purposes; (e) manage, operate, superintend, control, and maintain the hospitals and health facilities of the Government of the Virgin Islands in partnership with the Government; (f) set and collect fees for its health services and for the use of the health facilities under its jurisdiction; (g) provide health and medical services for the public directly or by agreement or lease with any person, firm, or private or public corporation or association, through and in the health facilities managed by the corporation; (h) employ and remove the Chief Executive Officers; (i) apply for and/or to receive and accept any gifts or grants of money, property or services or other aid, including any reimbursement allowance, offered or made available to it by any person, government or agency whatever, for use by the corporation in carrying out its corporate purposes in the exercise of its powers; and to negotiate for the same upon such conditions as the corporation may determine to be necessary, convenient or desirable; and to comply, subject to the provisions of this chapter, with the terms of any such gifts, grants or other aid; (j) initiate, formulate, establish, and make operable health hospital policy for facilities under its jurisdiction and coordinate such hospital policy between the districts; (k) delegate to the District Governing Boards, for as long as the district boards exist, those powers and procedures that are necessary to the day-to-day operations of the respective district health facilities, which shall include, but not be limited to, quality assurance, procurement of supplies, and equipment, when such procurement is not a part of the territory-wide purchasing for the corporation, and financial disbursements to vendors directly supplying the district health facilities; provided, however, that no such delegated power shall be greater that the powers of the corporation granted pursuant to this chapter; (l) establish standards and procedures for the uniform delivery of quality health care services at facilities under its jurisdiction; (m) use agents, employees, and facilities of the Government of the Virgin Islands who and which are not subject to the corporation's supervision or jurisdiction but may be temporarily assigned to the corporation by the Governor to achieve better health care delivery; (n) acquire, by purchase, gift, devise, lease or sublease, and to accept jurisdiction over and to hold and own, and dispose of by sale, lease or sublease, or otherwise, real or personal property, or any interest therein for its corporate purposes; provided, however, that no such acquisition shall result in a net cost to the Government of the Virgin Islands, unless otherwise authorized by law; (o) establish wholly-owned non-profit and for-profit subsidiaries; (p) negotiate with private insurers and other third-party payers; (q) obtain a line of credit or other financing for working capital purposes up to a maximum of $5,000,000 for each of the hospitals under its jurisdiction, secured by a pledge and assignment of revenues by the particular hospital seeking the financing, along with the guaranty of the Corporation or the Government of the Virgin Islands, as required; (r) issue revenue bonds through the Public Finance Authority. History: Added Sept. 2, 1994, No. 6012, § 2, Sess. L. 1994, p. 187; amended Mar. 24, 1998, No. 6216, § 1, Sess. L. 1998, p. 215; May 14, 1999, No. 6279, § 1 3., Sess. L. 1999, p. 9; Dec. 23, 2003, No. 6635, § 30(a), Sess. L. 2003, p. 193; amended Mar. 27, 2015, No. 7731, § 4, Sess. L. 2015, p. 14; amended Nov. 23, 2020, No. 8391, § 2(d), Sess. L. 2020, p. 233; amended Dec. 31, 2024, No. 8979, § 8, Sess. L. 2024, p. -.

Personnel; Negotiation of Collective Bargaining Agreements The Chief Executive Officer shall serve as the head of the hospital to which he is appointed and shall: (a) appoint and remove the Medical Director, and the Chief Financial Officer with the advice and consent of the respective District Board; (b) appoint and remove all managerial personnel, health care providers and all other professional and nonprofessional personnel, subject to the provisions of Title 3 Virgin Islands Code, chapter 25, section 530 relating to procedures for employee dismissals, demotions and suspensions and 531 relating to the prohibition against discrimination on account of non-merit factors, the rules and regulations of the Corporation promulgated pursuant to section 245(e)(2) of this chapter, and any collective bargaining agreements and subject to the V.I. Government's budget constraints and allotment process; and (c) with the assistance of the Chief Negotiator, negotiate all non-economic provisions of collective bargaining agreements which affect the management and operation of the health care facility. The Chief Negotiator, in consultation with the Chief Executive Officers, shall negotiate all economic provisions of collective bargaining agreements which obligate the General Fund. All collective bargaining agreements shall be subject to the approval of the Governor. The Chief Executive Officers and the Chief Negotiator shall develop administrative policies and procedures to implement the provisions of this subsection. History: Added May 14, 1999, No. 6279, § 1 4., Sess. L. 1999, p. 9; amended Feb. 21, 2002, No. 6501, § 1, Sess. L. 2002, p. 211; amended Nov. 23, 2020, No. 8391, § 2(e)(1), (2), Sess. L. 2020, p. 233.

(a) The V.I. Government Hospitals and Health Facilities Corporation is a public entity of the Government of the Virgin Islands and shall be exempt from taxation on the moneys and properties of the corporation or any properties under its jurisdiction, control, or supervision. (b) The Government of the Virgin Islands shall continue to include in its Executive Budget Acts an appropriation for the operation of the hospitals and health facilities under the jurisdiction of the corporation. In determining this sum, the Director of the Budget shall consider a detailed program budget timely submitted by the corporation. (c) The corporation shall have jurisdiction over the Governor Juan F. Luis Hospital and Medical Center, the Roy Lester Schneider Hospital and Medical Center, and the Myrah Keating Smith Health Center; and all personnel and equipment associated therewith. (d) Notwithstanding the provisions of Title 3, chapter 8, section 114, relating to the duties of the Attorney General, the Corporation may employ its own legal counsel and in addition, shall have the option to receive legal services from the Attorney General. (e) (1) The Corporation shall establish and maintain a system of personnel administration based on merit principles, equal opportunity and treatment and scientific methods governing the appointment, promotion, transfer, layoff, removal and discipline of hospital officers and employees. (2) The Corporation shall adopt and have in place rules and regulations pertaining to the proper administration of the provisions of paragraph (1) of this paragraph (1)thin 90 days after the enactment of this section. The Corporation thereafter and from time to time may modify or adopt additional rules and regulations as considered necessary to carry out the provisions of this section. (3) The rules and regulations authorized herein shall include: (A) competitive entrance and promotion tests, appointments, promotions, disciplinary actions; reinstatement, training and leaves of absence; (B) policies and procedures for ensuring equal employment opportunities, treatment and working conditions; (C) the establishment and administration of a pay plan; and (D) such other rules and regulations that are necessary or appropriate to give effect to the provisions and purposes of this chapter. (4) Nothing in this chapter shall be construed as abrogating the rights and privileges of any employee under the laws of the Virgin Islands including, but not limited to the Government Retirement System; and no collective bargaining agreement shall be deemed amended, repealed, or otherwise changed by the enactment of this chapter. (f) The corporation may make direct fiscal disbursements from an account created for that purpose to pay its costs and obligations to the maximum extent feasible, consistent with sound business practices, the authority to disburse shall be delegated to the district level. (g) The corporation may purchase goods, supplies, and services in conjunction with other health service entities outside the Virgin Islands acting as "purchasing groups", consistent with sound business practices. (h) The corporation may make open market purchases under 31 V.I.C. 239 without regard to dollar amounts in the following instances: (1) the purchase is made through a purchasing group pursuant to subsection (h) of this section; or (2) the purchase is for repair parts, accessories, or supplemental equipment or services required for parts or services previously obtained. (i) The corporation shall propose additional programs as authorized by law which shall provide incentives for the corporation to maximize collections and reduce the burden on the General Fund of the Government of the Virgin Islands. History: Added Sept. 2, 1994, No. 6012, § 2, Sess. L. 1994, p. 187; amended Sept. 16, 1996, No. 6119, § 14, Sess. L. 1996, p. 106; May 14, 1999, No. 6279, §§ 1 5., 1 6., Sess. L. 1999, pp. 10, 11; amended Nov. 23, 2020, No. 8391, § 2(f)(1)-(4), Sess. L. 2020, p. 233, 234.

(a) All purchases and contracts for supplies or services and equipment, except for personal services, made by the Corporation or the respective District Boards, including contracts for facilities of the Corporation, shall be made after advertisement for bids sufficiently in advance of opening bids for the Corporation or the respective District Boards to secure appropriate notice and opportunity for competition; but if the expense estimated to be necessary in connection with the purchase or work does not exceed fifty thousand dollars ($50,000) or the purchase or contract is for medicine, hospital, laboratory, surgical equipment and supplies in accordance with the provisions of Title 31, Virgin Islands Code, section 239(a)(5), the purchase or work may be carried out without advertisement for bids. Advertisement for bids shall not be required, however, when (1) an emergency requires immediate delivery of the materials, supplies, equipment, or performance of the services; or (2) repair parts, accessories, or supplemental equipment or services are required for supplies or service previously furnished or contracted for; or (3) professional, financial, including financial planning, or other expert services or work are required and the District Board considers it in the best interest of good administration that contracts therefor be made without such advertisement; or (4) prices are noncompetitive because there is only one source of supply or because regulated under law; in such case the purchase of such materials, supplies, or equipment, or procurement of such services, may be made in the open market in the manner usual in commercial practice. (b) In the comparison of bids and the making of awards, in addition to consideration of whether the bidder has complied with the specifications, due consideration shall be given to such factors as the bidder's ability to perform construction work of the kind involved in the construction contract under consideration, the relative quality and adaptability of materials, supplies, equipment or services; and the time of delivery or performance offered. (c) Within 90 days after the enactment of this section, the Corporation shall adopt and have in place rules and regulations for the submission of bids. (d) Advertisement for bids must be published through electronic media or in newspapers of general circulation in the Virgin Islands. History: Added May 14, 1999, No. 6279, § 1 7., Sess. L. 1999, p. 11; amended Dec. 1, 2001, No. 6480, § 5(e), Sess. L. 2001, p. 340; amended July 9, 2018, No. 8071, § 1(a)-(c), Sess. L. 2018, p. 135; amended Nov. 23, 2020, No. 8391, § 2(g), Sess. L. 2020, p. 234.

Taxes (a) All property of the corporation, including funds, shall be exempt from judicial process of every kind, including, without limitation, attachment, levy, execution and sale by virtue of an execution, and no judgment shall be a lien or charge against the corporation's property or funds; Provided That, the provisions of this subsection shall not apply to or limit the right of obligees of the corporation to foreclose or otherwise enforce any mortgage or other security of the corporation or to pursue any remedies for the enforcement of any lien or pledge given by the corporation upon its revenues, or to the right of the Federal Government to pursue any rights conferred upon it by federal law, any contract, or the provisions of this chapter. (b) The property of the corporation acquired or held for its corporate purposes is declared to be public property used for essential public and governmental purposes, and such property and the corporation are exempt from all taxes and special assessments of the Virgin Islands or of any taxing authority or body thereof. History: Added May 14, 1999, No. 6279, § 1 8., Sess. L. 1999, p. 12.

It is the duty of the corporation and the corporation shall: (a) submit to the Governor and the Legislature, within 120 days after the close of each fiscal year, a complete and detailed report of its operations and accomplishments, receipts and expenditures, assets and liabilities, the details of its lease and sales agreements, the amount charged for services, and the improvements, if any, in its collections; and (b) maintain auditable accounts and records and make them available upon reasonable request to the Director of the Budget or the Chairman of the Legislature's Committee on Finance; and (c) comply with the laws, rules and regulations, and procedures of the Government of the Virgin Islands as applicable, and most particularly with respect to employees, and abide by collective bargaining agreements applicable to the Government employees subject to supervision by the corporation; and (d) operate the hospitals and health care facilities under its jurisdiction in accordance with guidelines established by all applicable regulatory bodies; and (e) through its District Boards, submit to the Governor and the Legislature a Certified Annual Audit of the respective Hospitals which shall be paid for by each respective Hospital. The provisions of subsection (e) of this section shall become effective October 1, 2000. History: Added Sept. 2, 1994, No. 6012, § 2, Sess. L. 1994, p. 187; amended May 14, 1999, No. 6279, § 1 9., Sess. L. 1999, p. 13; amended Nov. 23, 2020, No. 8391, § 2(h), Sess. L. 2020, p. 234.

(a) No member of the Board of Directors or either District Governing Board shall have any interest, directly or indirectly, as principal, surety, or otherwise, in any contract, the expense or consideration whereof is payable out of funds of the corporation. (b) Nothing in this chapter shall be construed as authorizing the corporation to sell bonds or notes except through the Public Finance Authority. (c) The corporation shall not commit unappropriated Government funds, nor acquire property which will impose an additional financial burden on the Government of the Virgin Islands. (d) The Corporation may not sell, mortgage, pledge or assign any real property, including improvements thereon, owned by the Corporation without the approval of the Legislature. History: Added Sept. 2, 1994, No. 6012, § 2, Sess. L. 1994, p. 187; amended May 14, 1999, No. 6279, § 1 10., Sess. L. 1999, p. 13; Dec. 23, 2003, No. 6635, § 30(b), Sess. L. 2003, p. 193.

(a) Members of the Board, committees and employees of the hospital while acting within the scope of their authority as directors, officers, committee members or employees shall not be subject to any personal or civil liability resulting from the exercise of any of the corporation's purposes, duties or responsibilities, unless such conduct is determined by a Court of competent jurisdiction to constitute willful wrongdoing, gross negligence or reckless disregard. (b) All proceedings and records or proceedings concerning medical staff review, hospital review and other reviews of medical care conducted by the utilization review committee, quality assurance committee, medical review committee, surgical review committee, peer review committee or disciplinary committee of physicians and other health care practitioners or personnel or on behalf of individual physicians, when the reviews are required by Federal or Territorial law, rules and regulations or as a condition of accreditation by any applicable regulatory body or certification by the Health Care Financing Administration are privileged and confidential. (c) A physician or health care practitioner licensed pursuant to Title 27, chapters 1 and 2, Virgin Islands Code, who is a member of the utilization review committee, quality assurance committee, medical review committee, surgical review committee, peer review committee or disciplinary committee that is a requirement of accreditation of the Hospitals or certification by the Health Care Financing Administration is immune from civil liability for acting within the scope of the function of the committee. (d) Except as otherwise provided by this chapter, all professional competence review records are privileged and confidential. (e) A professional competence committee may furnish professional competence review records or information to other professional review bodies, state or federal government agencies and national accrediting bodies without waiving any privilege against disclosure. (f) A professional competence committee may furnish professional competence review records to the physician who is the subject of the professional competence review activity without waving any privilege against disclosure. (g) A professional competence committee may furnish directory information showing membership, clinical privileges, provider panel or other practice status of a physician with the health care entity to anyone without waiving the privilege against disclosure. (h) There shall be no civil liability for any member of a peer review committee, ethics committee, or quality assurance committee, or for any person who files a complaint with or appears as a witness before those committees, for any acts done with due diligence in the furtherance of the purpose for which the peer review committee, ethics committee, or quality assurance committee was established. (i) Provision to the board of information protected by this section does not waive or otherwise affect the confidentiality of the records. (j) Notwithstanding the provisions of this section, a court may order a peer review body to provide information or discovery in any proceeding in which the health care professional is accused of a felony, civil action, or any professional misconduct if the court determines that disclosure is in the best interest of justice and in the public interest and that the information being sought can be obtained from no other source. If the court orders disclosure, the identity of the patient may not be disclosed without the consent of the patient or his legal representative. (k) For the purposes of this section, unless the context indicates otherwise, the following words shall have the following meanings: (1) "Board" means the Board of Licensure of Medicine, Surgery, Dentistry, Pharmacy, Nursing, Nurse- Midwifery and Psychology; (2) "Health care practitioner" means physicians and all others certified, registered or licensed in the healing arts, including, but not limited to, nurses, podiatrists, optometrists, chiropractors, physical therapists, dentists, psychologists and physicians' assistants. (3) "Health care facility" means the Roy L. Schneider Hospital, Juan F. Luis Hospital, the Myrah Keating Smith Community Health Center and clinics, owned, operated or managed by the Department of Health; (4) "Professional competence committee" means any of the following when engaging in professional competence review activity: (A) an individual or group, such as a medical staff officer, department or committee, to which a health care facility delegates responsibility for professional competence review activity; (B) entities and persons, including contractors, consultants, attorneys and staff, who assist in performing professional competence review activities; (5) "Professional competence review activity" means study, evaluation, investigation, recommendation or action, by or on behalf of a health care entity and carried out by a professional competence committee, necessary to: (A) maintain or improve the quality of care rendered in, through or by the health care facility or by physicians; (B) reduce morbidity and mortality; or (C) establish and enforce appropriate standards of professional qualification, competence, conduct or performance. (6) "Adverse professional competence review action" means a professional review activity that may result in an action to reduce, restrict, suspend, deny, revoke or fail to grant or review a physician's membership, clinical privileges, clinical practice authority or professional certification in a hospital or other health care entity. (7) "Professional competence review records" means the minutes, files, notes, records, reports, statements, memoranda, data bases, proceedings, finding and work product prepared at the request of or generated by a professional competence review committee relating to professional competence review activity. Records received or considered by a professional competence committee during professional competence review activity are not "professional competence review records" if the records are individual medical or clinical records or any other record that was created for purposes other than professional competence review activity and is available from a source other than a professional competence committee. (8) "Quality assurance committee" means an interdisciplinary committee established by the Board of Trustees or administrative staff of a health care facility providing medical, dental, optometric care, whose function is to monitor and evaluate patient care, and to identify, study, and correct deficiencies and seek improvements in the patient care delivery process. (9) "Records of quality assurance committees" shall mean recordings, transcripts, minutes, summaries, and reports of committee meetings and conclusions contained therein. History: Added Dec. 1, 2001, No. 6480, § 8, Sess. L. 2001, p. 341; amended Nov. 23, 2020, No. 8391, § 2(i) (1)-(3), Sess. L. 2020, p. 234.

The corporation and its corporate existence shall continue until terminated by law. Upon termination, all corporate rights, property, assets and funds shall thereupon vest in and be possessed by the Government of the Virgin Islands. History: Added Sept. 2, 1994, No. 6012, § 2, Sess. L. 1994, p. 187; amended Dec. 1, 2001, No. 6480, § 8, Sess. L. 2001, p. 341.

This subchapter may be cited as "The Virgin Islands Caregiver Advice, Record and Enabling Act" or "The V.I. CARE Act." History: Added Mar. 30, 2016, No. 7870, § 1, Sess. L. 2016, p. 66.

The purpose of this subchapter is to facilitate the discharge of patients who require long-term caregiver services, provide notice to, and involve caregivers in the hospital's discharge plans for the patient, and assist patients and their caregivers by providing discharge plans that effectively explain and instruct in all after-care tasks necessary to maintain the patient's ability to reside at home. History: Added Mar. 30, 2016, No. 7870, § 1, Sess. L. 2016, p. 66.

(a) "Admission" means the formal acceptance by a hospital or other inpatient health care facility of a patient who is placed in an inpatient setting to be provided with a room, medical care, treatment, or observation for at least forty-eight consecutive hours. (b) "Post Discharge Care" means any assistance provided by a caregiver to a patient after the patient's discharge from a hospital. Such assistance may include, but is not limited to, assisting with basic activities of daily living, instrumental activities of daily living or carrying out medical/nursing tasks such as: managing wound care, assisting in administering medications, or operating medical equipment. (c) "Caregiver" means any individual a family member, friend neighbor or other individual designated as a caregiver by a patient who provides after-care assistance to the patient living in his or her residence. (d) "Discharge" means a patient's release or exit against medical advice from a hospital to the patient's residence following any medical care, treatment, or observation. (e) "Residence" means a dwelling that the patient considers home. The term does not include any rehabilitation facility, hospital, nursing home, assisted living facility, or group home licensed by the Virgin Islands Department of Health. History: Added Mar. 30, 2016, No. 7870, § 1, Sess. L. 2016, p. 67.

(a) A hospital shall provide each patient or, if applicable, the patient's legal guardian with at least one opportunity to designate at least one caregiver no later than 24 hours after the patient's entry into a hospital and prior to the patient's discharge or transfer to another facility. (b) If the patient is unconscious or otherwise incapacitated upon entry into a hospital, the hospital shall provide the patient or the patient's legal guardian with an opportunity to designate a caregiver not later than 24 hours following the patient's recovery of consciousness or capacity. (c) If the patient or the patient's legal guardian declines to designate a caregiver, the hospital shall promptly document the legal guardian's waiver of caregiver designation in the patient's medical record. (d) If the patient or the patient's legal guardian designates a caregiver, the hospital shall promptly request the written consent of the patient or the patient's legal guardian to release medical information to the patient's caregiver pursuant to the hospital's established procedures for releasing personal health information and in compliance with all federal and Virgin Islands laws. (e) If the patient or the patient's legal guardian declines to consent to release medical information to the patient's caregiver, the hospital is not required to provide the notice to the caregiver required by § 255 or provide information contained in the patient's discharge plan as provided in § 256. (f) The hospital shall record in the patient's medical record, the patient's designated caregiver's name, telephone number, address, and the relationship of the caregiver to the patient. (g) A patient may elect to change the designated caregiver at any time and the hospital shall record the change of caregiver in the patient's medical record not later than 24 hours after the patient notifies the hospital of the change. (h) A designation of a caregiver by the patient or the patient's legal guardian does not obligate the designated caregiver to accept the responsibility. (i) This section may not be construed to require a patient or a patient's legal guardian to designate any individual as a caregiver. History: Added Mar. 30, 2016, No. 7870, § 1, Sess. L. 2016, p. 67, 68.

(a) A hospital shall notify the patient's caregiver of the patient's discharge or transfer to another hospital or facility as soon as practicable, but not later than 24 hours before the patient's actual discharge or transfer to the other facility. (b) A notification of a patient's transfer must include: (1) The name, address, phone number and internet web address of the facility to which the patient is being transferred; and (2) The name, phone number and email address of the new attending physician working at the facility where the patient is being transferred. History: Added Mar. 30, 2016, No. 7870, § 1, Sess. L. 2016, p. 68.

(a) As soon as practicable, but not later than 24 hours before a patient's discharge from a hospital, the hospital shall consult with the caregiver and the patient regarding the caregiver's capabilities and limitations and issue a discharge plan that describes a patient's after-care needs at the patient's residence. (b) At minimum, the discharge plan must include: (1) The name and contact information of the caregiver; (2) A description of all after-care tasks necessary to maintain the patient's ability to reside at home, taking into account the capabilities and limitations of the caregiver; and (3) Contact information for any health care, community resources, and long-term support services necessary to successfully carry out the patient's discharge plan. (c) The hospital's discharge plan must provide caregivers with instruction in all after-care tasks described in the discharge plan. At minimum, the instruction must include: (1) A live demonstration of the tasks performed by a hospital employee or individual with whom the hospital has a contractual relationship authorized to perform the after-care task, provided in a culturally competent manner and in accordance with the hospital's requirements to provide language access services under Virgin Islands or federal law; (2) An opportunity for the caregiver and patient to ask questions about the after-care tasks; and (3) Answers to the caregiver's and patient's questions provided in a culturally competent manner and in accordance with the hospital's requirements to provide language access services pursuant to territorial and federal law. (d) Any instruction required to be provided must be documented in the patient's medical record, including, at minimum, the date, time, and contents of the instruction. History: Added Mar. 30, 2016, No. 7870, § 1, Sess. L. 2016, p. 68, 69.

Nothing in this subchapter may be construed to affect the rights of an agent operating under a valid power- of-attorney or health care directive, as provided under chapter 11 of this title. History: Added Mar. 30, 2016, No. 7870, § 1, Sess. L. 2016, p. 69.

Nothing in this subchapter may be construed to create a private right of action against a hospital, a hospital employee, or an individual with whom a hospital has a contractual relationship, or to otherwise supersede or replace exiting rights or remedies under any other provision of law. History: Added Mar. 30, 2016, No. 7870, § 1, Sess. L. 2016, p. 69.

The Department of Human Services shall promulgate regulations to implement this subchapter, including, regulations to further define the content and scope of any instruction provided to caregivers. History: Added Mar. 30, 2016, No. 7870, § 1, Sess. L. 2016, p. 69.

(a) Each District Board shall establish and maintain separate bank accounts and may make direct fiscal disbursement from such accounts to pay all necessary costs and obligations of the health care facilities under its jurisdiction. Revenues generated by each hospital and health facility under its jurisdiction shall be deposited in its account(s) as the Corporation shall direct. The disbursements shall be made by the District Boards pursuant to regulations issued by the Corporation. (b) Notwithstanding the establishment of separate bank accounts under this section, the Department of Finance shall continue to be responsible for the payrolls of the Governor Juan F. Luis and Roy L. Schneider Hospitals all public clinics and public healthcare facilities in the Virgin Islands subject to the appropriation and allotment process. (c) All deposits and disbursements from the accounts created herein shall comply with the applicable provisions of the Virgin Islands Code regarding the deposit and disbursement of funds from government bank accounts. History: Added May 14, 1999, No. 6279, § 2, Sess. L. 1999, p. 13; amended Nov. 23, 2020, No. 8391, § 2(j) (1), (2), Sess. L. 2020, p. 234.

The Board of Directors may secure gifts for and loans to the District Boards from private individuals, foundations and federal government agencies and may use such gifts, grants and loans for any lawful purpose specified by the donor or lender and may form for-profit subsidiaries to contribute to and assist the healthcare system of the Virgin Islands. History: Added May 14, 1999, No. 6279, § 2, Sess. L. 1999, p. 13; amended Nov. 23, 2020, No. 8391, § 2(k), Sess. L. 2020, p. 234.

As used in this chapter, unless the context otherwise requires- "Commissioner" means the Commissioner of Health of the Virgin Islands. "Medical care" means medical, surgical, dental and nursing services, and other remedial services recognized by law, in the home, office, hospital, clinic and any other suitable place, provided or prescribed by persons permitted or authorized by law to give such services, including drugs and medical supplies, appliances, laboratory, diagnostic and therapeutic services, nursing home and convalescent care and such other medical services, equipment, devices and supplies as may be prescribed by such persons. History: Added Apr. 15, 1966, No. 1715, § 2, Sess. L. 1966, p. 189.

(a) A schedule of fees for medical care provided by the Department of Health shall be established by the Commissioner, subject to approval by the Governor. Such fees shall be based upon actual costs of services rendered and medical supplies used in the treatment of patients, and shall be arrived at by methods consistent with criteria prescribed in such regulations as the Federal Government may prescribe in implementation of Title XIX of the Social Security Act. (b) The schedule of fees shall be amended or revised from time to time by the Commissioner, with the approval of the Governor, whenever the costs of services and/or medical supplies may so warrant. (c) Such schedule of fees, or amendments or revisions thereof, shall be submitted to the Legislature at a regular or special session and if not disapproved by the Legislature within thirty (30) days from the date submitted, such schedule, amendment or revision shall become effective. (d) The schedule of fees and all amendments and revisions thereof, shall be printed and shall be available to the public. History: Added Apr. 15, 1966, No. 1715, § 2, Sess. L. 1966, p. 189; amended June 2, 1971, No. 3064, § 1, Sess. L. 1971, p. 229.

All persons except those entitled to full or partial medical care under the provisions of this chapter shall be required to pay full fees for medical care on a current basis and in accordance with the schedule of fees. History: Added Apr. 15, 1966, No. 1715, § 2, Sess. L. 1966, p. 189.

(a) Subject to the approval of the V.I. Government Hospitals and Health Facilities Corporation, the Hospital Administrator shall provide by regulation for the extending of credit facilities to persons required to pay the full or partial costs of medical care. Such regulations shall include provisions as to the deposit and monthly installments required of such persons. (b) Subject to the approval of the V.I. Government Hospitals and Health Facilities Corporation, the Hospital Administrator shall provide by regulation for the payment by major credit cards of medical services and care rendered by Government hospitals and clinics. History: Added Apr. 15, 1966, No. 1715, § 2, Sess. L. 1966, p. 189; amended Sept. 30, 1986, No. 5199, § 3(a)(i), Sess. L. 1986, p. 224; Sept. 28, 1987, No. 5280, § 6, Sess. L. 1987, p. 133; Sept. 2, 1994, No. 6012, § 3(d), Sess. L. 1994, p. 198.

All fees, collected under the provisions of this chapter, shall be remitted to the Commissioner of Finance and covered into the Treasury of the Virgin Islands in the special fund designated "The Health Revolving Fund", provided for by section 3017 of Title 33. History: Added Apr. 15, 1966, No. 1715, § 2, Sess. L. 1966, p. 189.

(a) Subject to approval by the V.I. Government Hospitals and Health Facilities Corporation, the Hospital Administrator may exempt wards of the Government and persons suffering from chronic and communicable diseases specified by the Hospital Administrator, the control and care of which is deemed to be in the public interest, from the payment of fees for medical care provided by the Department of Health. (b) The Hospital Administrator shall provide: (1) free emergency ambulance service shall be provided to all veterans residing in the Virgin Islands; and (2) free out-patient medical care for veterans who have a service-connected disability. For the purposes of this subsection "veteran" means a person who served in the active military, naval or air service of the United States and who was discharged or released therefrom under conditions other than dishonorable. History: Added April 15, 1966, No. 1715, § 2, Sess. L. 1966, p. 189; amended Sept. 11, 1969, No. 2543, Sess. L. 1969, p. 267; Sept. 30, 1986, No. 5199, § 3(a)(i), Sess. L. 1986, p. 224; Sept. 2, 1994, No. 6012, § 3(d), Sess. L. 1994, p. 198; May 2, 2001, No. 6394, § 1, Sess. L. 2001, p. 6.

(a) No resident of the Virgin Islands shall be denied medical care because of financial inability to pay the cost thereof. (b) Subject to approval by the Governor, the Commissioner with the advice of the Commissioner of Human Services shall establish reasonable standards for determining the ability of persons or families seeking medical care at public expense to pay for such care. The Commissioner of Human Services shall through equitable application of the standards determine the extent, if any, to which such persons may be able to pay the costs of necessary medical care and shall so certify to the Commissioner. Such certification shall identify the individuals or families whose medical care may appropriately be claimed for Federal financial participation under the provisions of Title XIX of the Social Security Act, or any amendments thereof. (c) Any person aggrieved by a determination made pursuant to subsection (b) of this section as to his eligibility for medical assistance, or as to scope and/or quality of medical care and services to which he is entitled, or whose claim for such medical assistance is not determined with reasonable dispatch, shall be afforded a fair hearing by a board of appeals as provided for herein. An appeal shall be taken from a determination within 15 days from the date of the same and in all cases where unreasonable delay is alleged by filing a notice of appeal in writing with the Board of Appeals for Medical Assistance for the island or islands involved as provided for in section 284 of this title. History: Added Apr. 15, 1966, No. 1715, § 2, Sess. L. 1966, p. 189.

The Department of Human Services, in addition to its other powers and duties shall establish and administer a program of medical care to individuals and families whose income and resources are insufficient to meet the cost of the necessary medical care. Under such a program, the Department shall- (1) prepare a plan and related procedures necessary to assure Federal financial participation under Title XVIII and Title XIX of the Social Security Act and any laws amendatory thereto that may hereafter be enacted; (2) provide such methods of administration as are necessary for the efficient operation of the plan; (3) receive and expend all funds made available to the Department by the Federal Government and from any other sources for the implementation of the plan; (4) cooperate with the Federal Government through its appropriate agency or instrumentality in developing, extending and approving services under this plan; (5) make such statistical and financial reports in such form and containing such information as the Federal Government may from time to time require and comply with such provisions as the Federal Government may from time to time find necessary to assure the correctness and verification of such reports. History: Added Apr. 15, 1966, No. 1715, § 2, Sess. L. 1966, p. 189; amended Oct. 5, 2012, No. 7441, § 1, Sess. L. 2012, p. 337.

In addition to the regulations authorized elsewhere in this chapter and subject to approval by the Governor, the V.I. Government Hospitals and Health Facilities Corporation shall adopt and from time to time amend, all such other reasonable rules and regulations, consistent with the provisions of this chapter, as may be necessary for the efficient and orderly administration and implementation of the same. History: Added Apr. 15, 1966, No. 1715, § 2, Sess. L. 1966, p. 189; amended Sept. 30, 1986, No. 5199, § 3(a)(ii), Sess. L. 1986, p. 224; Sept. 2, 1994, No. 6012, § 3(d), Sess. L. 1994, p. 198.

The Hospital Administrator or Medical Director may accept, deposit and disburse gifts, donations, contributions and bequests to the hospitals and clinics of the Virgin Islands to be utilized or expended by the Hospital Administrator or Medical Director, subject, to the approval of the V.I. Government Hospitals and Health Facilities Corporation, for the purposes designated by the donor thereof. Such funds shall be deposited in a special account in a bank to be selected by the Commissioner of Finance and funds shall be withdrawn on the joint signatures of the Hospital Administrator or Medical Director and the V.I. Government Hospitals and Health Facilities Corporation. Such donations, gifts and bequests shall be in addition to appropriations made for such purposes. The Hospital Administrator or Medical Director, in the discretion of the V.I. Government Hospitals and Health Facilities Corporation, shall be responsible for the maintenance of detailed records relating to the use and disbursement of such donations, gifts and bequests. An annual report regarding the status of special bank accounts created pursuant to this section shall be submitted by the V.I. Government Hospitals and Health Facilities Corporation to the Commissioner of Finance. History: Added Apr. 15, 1966, No. 1715, § 2, Sess. L. 1966, p. 189; amended Nov. 29, 1972, No. 3341, Sess. L. 1972, p. 514; Sept. 30, 1986, No. 5199, § 3(a)(iii), Sess. L. 1986, p. 224; Sept. 2, 1994, No. 6012, § 3(d), Sess. L. 1994, p. 198.

Professional service fees may be charged by physicians, dentists and nurses for personal services rendered to private patients in the Government hospitals. If Government supplies are used, their actual cost shall be billed monthly by the Government hospital and paid for by the private practitioner monthly. The term "private patients" as used in this section means any patient who specifically requests and contracts for the services of a particular physician, dentist or nurse. Government physicians, dentists and nurses may charge fees for services rendered outside their regular duties. History: Added Apr. 15, 1966, No. 1715, § 2, Sess. L. 1966, p. 189.

Accommodations For St. John Nursing Personnel (a)-(c) [Repealed eff. Jan. 1, 1971.] (a) The Commissioner in his discretion may subsidize living accommodations for nursing personnel recruited for service on the island of St. John by contributing toward the rental of such accommodations such amount as he may deem reasonable and equitable. Such subsidies shall be paid from the annual appropriations of the Department of Health. History: Added Apr. 15, 1966, No. 1715, § 2, Sess. L. 1966, p. 189; amended Apr. 17, 1967, No. 1909, §§ 1, 2, Sess. L. 1967, p. 100; Jan. 18, 1971, No. 2915, Sess. L. 1970, p. 399.

(a) The Commissioner is hereby authorized to refer patients outside the Virgin Islands for medical, surgical and other professional services, or bring in to the Virgin Islands specialists for professional and/or consultative services, when in his professional judgment such action is essential and conducive to the best interest of the patient through total care; Provided, however, That such services and/or facilities are not obtainable in the Department of Health. (b) The expenses of transporting such patients from and to the Virgin Islands, and such specialists to and from the Virgin Islands, including cost of medical, surgical and other professional services, shall be paid by the Department of Health from the appropriation herein made available and/or any other appropriation available to the Department for such purposes. The expenses herein authorized shall include embalming and related expenses. History: Added Apr. 15, 1966, No. 1715, § 2, Sess. L. 1966, p. 189; amended Mar. 29, 1968, No. 2129, Sess. L. 1968, Pt. I, p. 383.

History: Repealed. June 24, 1987, No. 5265, § 1304(1), Sess. L. 1987, p. 103.

(a) Third-party coverage for medical care shall be primary coverage and shall be exhausted before any payment authorized under this chapter shall be made on behalf of any person eligible for services under this chapter. (b) An applicant or recipient upon admission shall inform the Department of Health of any rights he has to third-party payments for medical care. The Department shall automatically be subrogated to any rights the recipient has to third-party payments and shall recover to the fullest extent possible the amount of all medical care payments or services made on behalf of the recipient. Recovery of such payments or services shall be collected directly from: (1) Any third party liable to make a medical care payment to the provider of recipient's medical care or to the recipient under the terms of any contract, settlement or award; (2) The recipient, if he has received third-party payment for medical care provided to him; or (3) The provider of the recipient's medical care if third-party payment for medical care has been recovered by the provider. (c) An applicant or recipient who receives medical care for which the Department may be obligated to pay shall be deemed to have made an assignment to the Department of any rights such person has to any payments for such medical care from a third party, up to the amount of medical assistance paid or provided by the Department. (d) An applicant or recipient who receives medical care provided or paid for by the Department shall be deemed to have provided the Department the authority to release medical information with respect to such medical care for the sole purpose of obtaining reimbursement for medical care from third parties. (e) The Department shall, in order to enforce its subrogation rights under this section, institute, intervene in, or join any legal proceedings against any third party, including the estate of a person who received medical care from the Department, against whom recovery rights arise. No action taken by the Department shall operate to deny the recipient's recovery for that portion of his damages not subrogated to the Department, and no action of the recipient shall prejudice the subrogation rights of the Department. The applicant or recipient or his beneficiary may not institute any action, or compromise any right of action he may have against a third party responsible for payment of medical care unless the Commissioner of the Department is a party to the action or agrees to the compromise. No compromise between the applicant or recipient, or his beneficiary and the third party responsible for payments of medical care shall be valid in law unless the expenses incurred by the Department in the case are first paid. No judgment shall be so entered in actions of this nature and no compromise as to the right of the parties shall be approved, without making express reservation of the rights of the Health Revolving Fund. The Clerk of the Court taking cognizance of any claim of the above-described nature shall notify the Commissioner of any order entered in the case, as well as the final disposition thereof. The Commissioner may compromise as to the Department's rights against a third party responsible for the payment of medical care. Any sum obtained by the Commissioner under this section shall be covered into the Health Revolving Fund. (f) When the Department provides, pays for, or becomes liable for medical care, it shall have a lien for the amount of medical care paid or provided upon any and all causes of action which accrue to the person to whom care was furnished, or to his legal representatives, as a result of sickness, injury, disease, disability or death, due to the liability of a third party which necessitated the medical care. The Department shall have one (1) year from the date when the last item of medical care relative to a specific accident or spell of illness was paid or provided in which to file its verified lien statement, and the statements shall be filed with the Clerk of the Superior Court, in the judicial district where the recipient resides or the medical care was provided. The verified lien statement shall contain the name and address of the person to whom medical care was provided; the date of injury; the name and address of the vendor or vendors providing medical care; the dates of service; the amount claimed to be due for the care, and to the best knowledge of the Department, the names and addresses of all persons, firms, or corporations claimed to be liable for damages arising from the injuries. (g) In recovering any payments in accordance with this subsection, the Department is authorized to make appropriate settlements. History: Added May 14, 1985, No. 5060, § 105, Sess. L. 1985, p. 23.

Any account receivable of any hospital or clinic of the Government of the Virgin Islands which remains delinquent 90 days after the date of the first billing therefor, may be assigned for collection by a third party. History: Added June 17, 1993, No. 5864, § 7, Sess. L. 1993, p. 97; amended Mar. 27, 2015, No. 7731, § 5, Sess. L. 2015, p. 14.

(a) Every hospital, as defined in 29 V.I.C. § 221(2), that is under the jurisdiction of the Virgin Islands Government Hospital and Health Facilities Corporation has a lien for all reasonable and necessary charges for hospital care, treatment and maintenance of ill or injured persons upon any and all causes of action, suits, claims, counterclaims or demands accruing to the person to whom such care, treatment or maintenance was furnished, or accruing to the legal representatives of the person in the case of the person's death, on account of illness or injuries giving rise to the causes of action or claims and which necessitated the hospital care, treatment and maintenance. (b) The hospital lien may not, however, apply to any amount in excess of one third of the damages obtained or recovered by the person by judgment, settlement or compromise rendered or entered into by the person or the person's legal representative by virtue of the cause of action accruing thereto. (c) The lien created is subject to and subordinate to any attorney's lien whether by contract, suit or judgment upon the claim or cause of action and is not applicable to accidents or injuries within the purview of the Virgin Islands Workers' Compensation Law, codified in title 24 chapter 11. A lien arising out of a motor vehicle accident does not take priority over a mechanic's lien or prior recorded lien upon a motor vehicle involved in the accident. History: Added Nov. 10, 2018, No. 8140, § 1, Sess. L. 2018, p. 304, 305.

Or Payment (a) In order to perfect a lien, the agent or operator of a hospital, not later than 120 days after the person has been discharged from the hospital, shall file in the office of the clerk of the Superior Court of the Virgin Islands located in the division where the patient resides, if a resident of the Virgin Islands, and in the county in which the person resides, if outside the Virgin Islands, a written verified statement setting forth the name and address of the person as it appears on the records of the hospital, and the name and address of the operator of the hospital, the dates of admission and discharge of the patient, the amount claimed to be due for the hospital care, and to the best of the claimant's knowledge, the names and addresses of persons, firms or corporations claimed by the ill or injured person or by the person's legal representative, to be liable for damages arising from the illness or injuries. (b) A copy of the claim, not later than 30 days after the filing, must be sent by registered mail, postage prepaid, to each person, firm or corporation so claimed to be liable on account of the illness or injuries, at the address given in the statement, and to the attorney, or attorneys, representing the person to whom services were rendered by the hospital if the attorney, or attorneys, are known to the hospital or could, with reasonable diligence, be known to the hospital. (c) The filing of the claim is notice to all persons, firms or corporations who may be liable on account of the illness or injuries, whether or not they are named in the claim or lien and whether or not a copy of the claim has been received by them. (d) Any person desiring to contest the lien or the reasonableness of the charges may do so by filing a motion to quash or reduce the lien in the Superior Court of the Virgin Islands in the division that it is filed or in the county in which the lien was perfected, making all other parties in interest respondents to the motion to quash. A motion to quash may be heard in term time or vacation and at a time and place as fixed by order of the court. (e) (1) If at the time an insurance carrier or other person, corporation or entity reaches a settlement and obtains a release of liability on or pays a claim filed by a policyholder or other person against such carrier, person, corporation or other entity, the hospital providing treatment to the policyholder or person has not perfected a lien as set out in this section, any lien perfected subsequent to the settlement or payment does not apply to or create any additional liability on the part of the insurance carrier or other person, corporation or entity paying the settlement or claim. (2) This subsection applies 30 days after the person is discharged from the hospital. History: Added Nov. 10, 2018, No. 8140, § 1, Sess. L. 2018, p. 305, 306.

(a) The clerk of the Superior Court of the Virgin Islands in the division where the lien was filed, shall endorse on the claim the date and hour of filing and at the expense of the court shall provide a hospital lien book with proper index in which the clerk enters the date and hour of the filing, the name and address of the hospital, the operator of the hospital and of the patient, the amount claimed and the names and addresses of those claimed to be liable for damages. (b) The clerk may charge a reasonable fee for the filing of a claim. History: Added Nov. 10, 2018, No. 8140, § 1, Sess. L. 2018, p. 306.

(a) No release or satisfaction or any action, suit, claim, counterclaim, demand, judgment, settlement or settlement agreement, or any of them, is valid or effectual against a hospital lien unless the hospital as the lienholder joins the action or executes a release of the lien. (b) (1) Any acceptance of a release or satisfaction of any cause of action, suit, claim, counterclaim, demand or judgment or any settlement of any of the foregoing in the absence of a release or satisfaction of the hospital lien constitutes a prima facie impairment of the lien, and the lienholder is entitled to an action at law for damages on account of the impairment, and in that action may recover from the one accepting the release or satisfaction or making the settlement the reasonable cost of the hospital care, treatment and maintenance. (2) Satisfaction of any judgment rendered in favor of the lienholder in any such action operates as a satisfaction of the lien. (3) Any action by the lienholder must be brought in the Superior Court of the Virgin Islands or in a court that has jurisdiction of the amount of the lienholder's claim where the person resides. History: Added Nov. 10, 2018, No. 8140, § 1, Sess. L. 2018, p. 306.

(a) To release a perfected lien, the operator of the hospital to whom the lien has been paid shall execute a certificate to the effect that the claim filed by the hospital for treatment, care and maintenance has been paid or discharged and authorizing the clerk of the Superior Court or the court where the lien was filed, to release the lien, the release to be at the expense of the hospital. (b) The clerk shall thereafter enter upon the margin of the hospital lien book in which the lien has been entered, a memorandum of the filing and the date when the certificate of payment or discharge was filed in the clerk's office, which certificate and entry constitute a release of lien, for which the clerk may charge a reasonable fee. History: Added Nov. 10, 2018, No. 8140, § 1, Sess. L. 2018, p. 306, 307.

No person, firm, or corporation, paying a claim, demand, or judgment shall include the name of any lienholder, as a payee on any drafts or checks issued to settle the claims, demands, or judgments. History: Added Nov. 10, 2018, No. 8140, § 1, Sess. L. 2018, p. 307.

This subchapter may not be construed to give any hospital an independent right of action to determine liability for injuries sustained by any person covered under this subchapter nor shall any settlement or compromise of a claim entered into on behalf of the person require the approval of the hospital. History: Added Nov. 10, 2018, No. 8140, § 1, Sess. L. 2018, p. 307.

Any physician, surgeon, institution or facility of the Department of Health or any public or private hospital, or any Federally Qualified Health Center as designated by the Bureau of Primary Health Care and the Centers for Medicare and Medicaid Services may provide counseling, examination, treatment, hospitalization and medical and surgical care for any minor for any of the following: (a) Pregnancy, including abortion, provided the provisions of Title 14, chapter 5, of the Code are complied with. (b) Communicable disease. (c) Drug or controlled substance abuse including those referred to in Title 19, chapter 29, Virgin Islands Code. (d) Any emergency medical or surgical treatment in which undue delay would endanger the life or health of such person. (e) Family planning services. (f) Behavioral health services. (g) Dental services. History: Added Nov. 29, 1972, No. 3340, Sess. L. 1972, p. 512; amended Apr. 8, 1973, No. 3414, § 2, Sess. L. 1973, p. 42; amended Dec. 6, 2013, No. 7570, § 1(1)-(3), Sess. L. 2013, p. 269.

Whenever a minor is examined, treated, hospitalized, or receives medical or surgical care under section 291 of this chapter: (a) His consent shall not be subject to disaffirmance or revocation because of minority. (b) The parent, parents, or legal guardian shall not, except for care rendered under subsection (d) of such section, be liable for payment for such care unless such parent, parents, or legal guardian has expressed agreement of payment for such care. (c) A physician or surgeon may, with or without the consent of the minor patient, advise the parent, parents or legal guardian of the examination, treatment, hospitalization, and medical and surgical care given or needed if the physician or surgeon has reason to know the whereabouts of the parent, parents, or legal guardian. Such notification or disclosure shall not constitute libel or slander, a violation of the right of privacy, or a violation of the rule of privileged communication. In the event that the minor is found not to be pregnant or not afflicted with venereal disease or not suffering from drug or controlled substance abuse, then no information with respect to any appointment, examination, test or other medical procedure shall be given to the parent, parents, legal guardian or any other person. History: Added Nov. 29, 1972, No. 3340, Sess. L. 1972, p. 513.

Any minor who is examined, treated, hospitalized, or who received medical or surgical treatment under this chapter may give legal consent, and no person, hospital, or governmental agency administering or responsible for administering such medical or surgical treatment shall be liable, except for gross, willful or wanton negligence, for treating such minor without advising the parent, parents, or legal guardian. History: Added Nov. 29, 1972, No. 3340, Sess. L. 1972, p. 513.

Subject to the approval of the Governor, the Commissioner of Health may establish in the Virgin Islands, schools of nursing for the purpose of training persons in the profession of nursing and preparing them for examination for licensure as nurses.

This chapter may be cited as "The Revised Virgin Islands Uniform Anatomical Gift Act". History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, p. 245.

In this chapter (1) "Agent" means an individual: (A) authorized to make health-care decisions on the principal's behalf by a power of attorney for health care; or (B) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. (2) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research, or education. (3) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant, and, subject to restrictions imposed by law other than this chapter, a fetus. (4) "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under section 411. (5) "Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry. (6) "Donor" means an individual whose body or part is the subject of an anatomical gift. (7) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. (8) "Driver's license" means a license or permit issued by the Virgin Islands Bureau of Motor Vehicles to operate a vehicle whether or not conditions are attached to the license or permit. (9) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. (10) "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, and welfare of an individual. The term does not include a guardian ad litem. (11) "Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. (12) "Identification card" means an identification card issued by the Virgin Islands Bureau of Motor Vehicles or any other governmental agency authorized to issue identification cards. (13) "Know" means to have actual knowledge. (14) "Organ procurement organization" means a person designated by the United States Secretary of Health and Human Services as an organ procurement organization. (15) "Parent" means a parent whose parental rights have not been terminated. (16) "Part" means an organ, an eye, or tissue of a human being. The term does not include the whole body. (17) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (18) "Physician" means an individual authorized to practice medicine or osteopathy under the law of any state. (19) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank. (20) "Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal. (21) "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. (22) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted. (23) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (24) "Refusal" means a record created under section 407 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. (25) "Sign" means, with the present intent to authenticate or adopt a record: (A) to execute or adopt a tangible symbol; or (B) to attach or logically associate with the record an electronic symbol, sound, or process. (26) "State" means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (27) "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator. (28) "Tissue" means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for purposes of research or education. (29) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. (30) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 245-247.

This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, p. 248.

Subject to section 408, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 405 by: (1) the donor, if the donor is at least 18 years of age or is under 18 years of age and is: (A) an emancipated minor; or (B) authorized under state law to apply for a driver's license because the donor is at least 16 years of age; (2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift; (3) a parent of the donor, if the donor is under 18 years of age and not emancipated; or (4) the donor's guardian. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, p. 248.

(a) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (2) in a will; or (3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two other individuals who are at least 18 years of age, one of whom is a disinterested witness. (b) A donor or other person authorized to make an anatomical gift under section 404 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or the other person and must: (1) be witnessed by at least two other individuals who are at least 18 years of age, one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) state that it has been signed and witnessed as provided in paragraph (1). (c) Revocation, suspension, expiration, or cancellation of the driver's license or identification card issued to a donor does not invalidate an anatomical gift. (d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 248, 249.

(a) Subject to section 408, a donor or other person authorized to make an anatomical gift under section 404 may amend or revoke an anatomical gift by: (1) a record signed by: (A) the donor; (B) the other person; or (C) subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or (2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (b) A record signed pursuant to subsection (a)(1)(C) must: (1) be witnessed by at least two other individuals who are at least 18 years of age, one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) state that it has been signed and witnessed as provided in paragraph (1). (c) Subject to section 408, a donor or other person authorized to make an anatomical gift under section 404 may revoke the gift by the destruction or cancellation of the document of gift, or a portion of the document of gift used to make the gift, with the intent to revoke the gift. (d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two other individuals who are at least 18 years of age, one of whom is a disinterested witness. (e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a). History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 249, 250.

(a) An individual may refuse to make an anatomical gift of the individual's body or part by: (1) a record signed by: (A) the individual; or (B) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign; (2) the individual's will whether or not the will is admitted to probate or invalidated after the individual's death; or (3) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two other individuals who are at least 18 years of age, one of whom is a disinterested witness. (b) A record signed pursuant to subsection (a)(1)(B) must: (1) be witnessed by at least two other individuals who are at least 18 years of age, one of whom is a disinterested witness, who have signed at the request of the individual; and (2) state that it has been signed and witnessed as provided in paragraph (1). (c) An individual may amend or revoke a refusal: (1) in the manner provided in subsection (a) for making a refusal; (2) by subsequently making an anatomical gift pursuant to section 405 that is inconsistent with the refusal; or (3) by the destruction or cancellation of the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal. (d) Except as otherwise provided in section 408(g), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or a part bars all other persons from making an anatomical gift of the individual's body or the part. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 250, 251.

(a) Except as otherwise provided in subsection (g), and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or a part if the donor made an anatomical gift of the donor's body or the part under section 405 or an amendment to an anatomical gift of the donor's body or the part under section 406. (b) A donor's revocation of an anatomical gift of the donor's body or a part under section 406 is not a refusal and does not bar another person specified in section 404 or 409 from making an anatomical gift of the donor's body or a part under section 405 or 410. (c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or a part under section 405 or an amendment to an anatomical gift of the donor's body or a part under section 406, another person may not make, amend, or revoke the gift of the donor's body or part under section 410. (d) A revocation of an anatomical gift of the donor's body or a part under section 406 by a person other than the donor does not bar another person from making an anatomical gift of the body or a part under section 405 or 410. (e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 404: (1) an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person under section 405 or 410; and (2) an anatomical gift of a part for one or more of the purposes set forth in section 404 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under section 405 or 410. (f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under [section 404], an anatomical gift of a part for one or more of the purposes set forth in section 404 is not a limitation on the making of an anatomical gift of the part for any of the purposes by the donor or any other person under section 405 or 410. (g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part. (h) If an unemancipated minor who signed a refusal dies under 18 years of age, a parent of the individual who is reasonably available may revoke the individual's refusal. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 251, 252.

(a) Subject to subsections (b) and (c) and unless barred by subsection (d), an anatomical gift of a decedent's body or part for purposes of transplantation, therapy, research, or education may be made, in the order of priority listed, by any member of the following classes of persons who is reasonably available: (1) an agent of the decedent at the time of death who could have made an anatomical gift under section 404(2) immediately before the decedent's death; (2) the spouse of the decedent; (3) adult children of the decedent; (4) parents of the decedent; (5) adult siblings of the decedent; (6) adult grandchildren of the decedent; (7) grandparents of the decedent; (8) an adult who exhibited special care and concern for the decedent; (9) the persons who were acting as the guardian of the person of the decedent at the time of death; and (10) any other person having the authority to dispose of the decedent's body. (b) If there is more than one member of a class listed in subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift can pass under section 411 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. (c) No person may make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift. (d) An anatomical gift may not be made if doing so is barred by section 407 or 408. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 252, 253.

Decedent's Body Parts (a) A person authorized to make an anatomical gift under section 409 may make an anatomical gift by a document of gift signed by the person making the gift or that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. (b) Subject to subsection (c), an anatomical gift by a person authorized under section 409 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section 409 may be: (1) amended only if a majority of the reasonably available members agree to the amending of the gift; or (2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift. (c) A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 253, 254.

Gift (a) An anatomical gift of a body or part may be made to the following persons named in the document of gift: (1) a hospital, accredited medical school, dental school, college, university, or organ procurement organization, or other appropriate person for research or education; (2) subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part; (3) an eye bank or tissue bank. (b) If the part for any reason cannot be transplanted into the individual, the part passes in accordance with subsection (f) in the absence of an express, contrary indication by the person making the anatomical gift; (c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules apply: (1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank. (2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank. (3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ. (4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization. (d) For the purpose of subsection (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy if suitable for those purposes and, if the gift cannot be used for transplantation or therapy, the gift may be used for research or education. (e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the decedent's parts may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g). (f) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor", or "body donor", or by a symbol or statement of similar import, the decedent's parts may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g). (g) For purposes of subsections (a)(2), (c), and (f), the following rules apply: (1) If the part is an eye, the gift passes to the appropriate eye bank. (2) If the part is tissue, the gift passes to the appropriate tissue bank. (3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ. (h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), passes to the organ procurement organization as custodian of the organ. (i) If an anatomical gift does not pass pursuant to subsections (a) through (h) or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part. (j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section 405 or 410 or if the person knows that the decedent made a refusal under section 407 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift. (k) Except as otherwise provided in subsection (a)(2), nothing in this chapter affects the allocation of organs for transplantation or therapy. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 254-256.

(a) The following persons shall make a reasonable search of an individual who the searcher reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and (2) if no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital. (b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital. (c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, p. 256.

(a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under section 411. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 256, 257.

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of any donor registry and records of the Virgin Islands Bureau of Motor Vehicles in the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. (b) A procurement organization must be allowed reasonable access to information in the records of the Virgin Islands Bureau of Motor Vehicles to ascertain whether an individual at or near death is a donor. (c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. (d) Unless prohibited by law other than this chapter, at any time after a donor's death, the person to whom a part passes under section 411 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose. (e) Unless prohibited by law other than this chapter, an examination under subsection (c) or (d) may include an examination of all medical and dental records of the donor or prospective donor. (f) Upon the death of a minor who was a donor or had signed a refusal, unless the procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal. (g) Upon referral by a hospital under subsection (a), a procurement organization shall make a reasonable search for any person listed in section 409 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information. (h) Subject to sections 411(h) and 423, the rights of the person to which a part passes under section 411 are superior to rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this chapter, a person that accepts an anatomical gift of an entire body may allow embalming or cremation and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under section 411, upon the death of the donor and before embalming or cremation, shall cause the part to be removed without unnecessary mutilation. (i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent. (j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 257, 258.

Each hospital in the Virgin Islands, after consultation with procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, p. 258.

(a) Except as otherwise provided in subsection (b), a person that knowingly, for valuable consideration, purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a felony and upon conviction is subject to a fine not exceeding $100,000 or imprisonment not exceeding five years, or both such fine and imprisonment. (b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 258, 259.

Any person that, in order to obtain financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal in order to obtain a financial gain commits a felony and upon conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding five years, or both such fine and imprisonment. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, p. 259.

(a) A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state or attempts in good faith to do so is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift. (c) In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of the individuals listed in section 409(a)(2), (3), (4), (5), (6), (7), and (8) relating to the individual's relationship to the donor or prospective donor, unless the person knows that the representation is untrue. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, p. 259.

Document of Gift; Presumption of Validity (a) A document of gift is valid if executed in accordance with: (1) this chapter; (2) the laws of the state or country where it was executed; or (3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed. (b) If a document of gift is valid under this section, the law of the Virgin Islands governs the interpretation of the document of gift. (c) A person may presume that a document of gift or amendment of an anatomical gift is valid, unless that person knows that it was not validly executed or was revoked. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 259, 260.

(a) The Department of Health may establish or contract for the establishment of a donor registry. (b) The Virgin Islands Bureau of Motor Vehicles shall cooperate with any donor registry that the Department of Health establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift. (c) A donor registry must: (1) allow a donor or other person authorized under section 404 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift; (2) be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and (3) be accessible for purposes of paragraphs (1) and (2) seven days a week on a 24-hour basis. (d) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or the person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift. (e) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the Department of Health. However, the registry must comply with subsections (c) and (d). History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, p. 260.

(a) In this section: (1) "Advance health-care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health- care decision for the prospective donor. (2) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn. (3) "Health-care decision" means any decision made regarding the health care of the prospective donor. (b) If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or if none or the agent is not reasonably available, another person authorized by law other than this chapter to make health-care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 409. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, p. 261.

Organization (a) A medical examiner and a procurement organization shall cooperate to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (b) If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a post-mortem examination is going to be performed, unless medical examiner denies recovery in accordance with section 423, the medical examiner or designee shall conduct a post-mortem examination of the body or the part in a manner and within a time period compatible with its preservation for the purposes of the gift. (c) A part may not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be delivered to a person for research or education, unless the body is the subject of an anatomical gift. This subsection does not preclude a medical examiner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the medical examiner. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 261, 262.

Under Jurisdiction of Medical Examiner (a) Upon request of a procurement organization, a medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, the medical examiner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the medical examiner only if relevant to transplantation or therapy. (b) The medical examiner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a prospective donor or a donor whose body is under the jurisdiction of the medical examiner which the medical examiner determines may be relevant to the investigation. (c) A person that has any information requested by a medical examiner pursuant to subsection (b) shall provide that information as expeditiously as possible to allow the medical examiner to conduct the medicolegal investigation within a period compatible with the preservation of parts for purposes of transplantation, therapy, research, or education. (d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the medical examiner and a post-mortem examination is not required, or the medical examiner determines that a post-mortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the medical examiner and procurement organization shall cooperate in the timely removal of the part from the decedent for purposes of transplantation, therapy, research, or education. (e) If an anatomical gift of a part from the decedent under the jurisdiction of the medical examiner has been or might be made, but the medical examiner initially believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death, the medical examiner shall consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. After consultation, the medical examiner may allow recovery. (f) Following the consultation under subsection (e), in the absence of mutually agreed upon protocols to resolve conflict between the medical examiner and the procurement organization, if the medical examiner intends to deny recovery, the medical examiner or designee, at the request of the procurement organization, shall attend the removal procedure for the part before making a final determination not to allow the procurement organization to recover the part. During the removal procedure, the medical examiner or designee may allow recovery by the procurement organization to proceed, or, if the medical examiner or designee reasonably believes that the part may be involved in determining the decedent's cause or manner of death, deny recovery by the procurement organization. (g) If the medical examiner or designee denies recovery under subsection (f), the medical examiner or designee shall: (1) explain in a record the specific reasons for not allowing recovery of the part; (2) include the specific reasons in the records of the medical examiner; and (3) provide a record with the specific reasons to the procurement organization. (h) If the medical examiner or designee allows recovery of a part under subsection (d), (e), or (f), upon request the procurement organization shall cause the physician or technician who removes the part to provide the medical examiner with a record describing the condition of the part, a biopsy, photograph, and any other information and observations that would assist in the post-mortem examination. (i) If a medical examiner or designee is required to be present at a removal procedure under subsection (f), upon request the procurement organization requesting the recovery of the part shall reimburse the medical examiner or designee for the additional costs incurred in complying with subsection (f). History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, pp. 262-264.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, p. 264.

Commerce Act This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section7001 et seq., but does not modify, limit, or supersede section 101(a) of that act, 15 U.S.C. Section7001, or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Section7003(b). History: Added Nov. 25, 2009, No. 7133, § 1, Sess. L. 2009, p. 264.

Any mix, frozen dessert or soft drink which contains any unwholesome substance shall be deemed adulterated and/or misbranded. No person shall within the Virgin Islands manufacture, freeze, sell, offer or expose for sale, or have in possession, with intent to sell, any mix, frozen dessert or soft drink which is adulterated or misbranded.

The slaughter of livestock, including poultry, for sale in the Virgin Islands, and the inspection of such livestock prior to slaughter, shall be conducted in accordance with regulations promulgated by the Commissioner of Health. History: Amended Jan. 8, 1959, No. 385, § 4(a), Sess. L. 1958, p. 180.

No person suffering from any active communicable or infectious disease shall be employed in a slaughterhouse or other meat handling establishment. All persons employed in the handling of meat or meat products shall submit to a routine medical examination by the Commissioner of Health, or by a qualified physician designated by the Commissioner, at least once annually to determine their freedom from such disease. Such person shall obtain a certificate of health issued by the medical examiner.

(a) The standard for the inspection of live animals, carcasses and meat, and for judging their fitness for food and their disposal if infected shall be those prescribed by regulations issued by the Commissioner of Health. (b) All meats or meat products stored, transported, offered for sale or sold in the Virgin Islands shall be subject to inspection and reinspection at any and all times by the Commissioner of Health. During transportation all meat and meat products shall be protected from insects, rodents, and other vermin, dust or other contamination. Meat markets, market stands, groceries and all other places in which meat and meat products are sold, offered for sale and stored shall conform to all of the requirements of sanitation as provided in regulations issued by the Commissioner of Health. History: Amended Jan. 8, 1959, No. 385, § 4(b), Sess. L. 1958, p. 180.

History: Repealed. Jan. 8, 1959, No. 385, § 4(c), Sess. L. 1958, p. 180.

(a) All retail or other meat establishments and premises on or in which any meat or meat products are prepared or handled for public consumption shall be maintained in a sanitary condition and in accordance with regulations prescribed by the Commissioner of Health and approved by the Governor. These establishments shall be subject to inspection at any time. (b) Whoever violates any of the regulations prescribed under subsection (a) shall be fined not more than $25 or his license to sell shall be withdrawn or his shop closed until it is properly cleaned to comply with the regulations.

(a) It shall be unlawful for any person, partnership, association or corporation to manufacture, bottle, sell, offer for sale, or have in possession with intent to sell, or for the purpose of selling, in the Virgin Islands, any artificial or natural mineral, spring, or other bottled water, for drinking purposes, which is impure, or bears evidence of potential pollution, or the use of which will be injurious or detrimental to the public health. (b) No person, partnership, association, or corporation shall manufacture, bottle, sell, or offer for sale in the Virgin Islands any such water, without first having secured an annual permit therefor from the Department of Health; said permit shall be posted in a permanent and conspicuous place. The Department of Health shall have authority, after hearing, upon notice, to revoke any permit or permits at any time, when, after a thorough investigation and examination of any such water so manufactured, bottled, sold, or offered for sale by any person, partnership, association or corporation, it shall appear that such water is impure, or bears evidence of potential pollution, or the use thereof will be injurious or detrimental to public health. An Appeal from the action of the Department of Health in revoking any such permit or permits may be taken to the Superior Court of the Virgin Islands. (c) Bottles containing water to be sold for human consumption shall be sealed by the party filling the bottles in such a way that the seal must be broken to open the bottles. (d) The Department of Health shall have authority to inspect the premises used by any person, partnership, association, or corporation in the manufacturing, bottling, selling or offering for sale any such waters, and to procure, by purchase or otherwise, samples thereof for inspection and examination. The Commissioner of Health is authorized to make and promulgate such rules and regulations as shall be necessary, reasonable and appropriate for the effective administration and enforcement of the provisions of this section. (e) Any person, partnership, association, or corporation, violating or failing to comply with any of the provisions of this section, or any such rules and regulations, shall be guilty of a misdemeanor, and, upon conviction thereof, forfeit his or its permit, or pay a penalty not to exceed $2,000, or both, at the discretion of the court. If the violation is by a partnership, association, or corporation, the members of such partnership or association, or the officers and directors of such corporation, and agents and employees with guilty knowledge of the fact, shall be deemed guilty of a violation of the provisions of this section to the same extent as though said violation was committed by them personally. History: Added Nov. 15, 1971, No. 3122, Sess. L. 1971, p. 357; amended Sept. 9, 1976, No 3876, § 5, Sess. L. 1976, p. 197; Jan. 12, 1998, No. 6195, § 2, Sess. L. 1997, p. 2.

This section may be cited as "The Virgin Islands Food Donation Act of 2003". (a) As used in this section: (1) "Apparently fit grocery product" means a grocery product that meets a quality and labeling standard imposed by Federal, State, and local laws and regulations even though the product may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. (2) "Apparently wholesome food" means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. (3) "Donate" means to give without requiring anything of monetary value from the recipient, except that the term shall include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required anything of monetary value. (4) "Food" means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption. (5) "Gleaner" means a person who harvests for free distribution to the needy or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner. (6) "Grocery product" means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item. (7) "Gross negligence" means voluntary and conscious conduct by a person with knowledge, at the time of the conduct, that the conduct is likely to be harmful to the health or well-being of another person. (8) "Intentional misconduct" means conduct by a person with knowledge, at the time of the conduct, that the conduct is harmful to the health or well-being of another person. (9) "Nonprofit organization" means an incorporated or unincorporated entity that (A) is operating for religious, charitable, or educational purposes; and (B) does not provide net earnings to, or operate in any other manner that inures to the benefit of, any officer, employee, or shareholder of the entity. (10) "Person" means an individual, corporation, partnership, governmental entity, organization or association, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of the entity. (b) A person or gleaner is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals, except that this paragraph shall not apply to an injury to or death of an ultimate user or recipient of the food or grocery product that results from an act or omission of the donor constituting gross negligence or intentional misconduct. (c) A person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals is not subject to civil or criminal liability that arises due to the injury o[r] death of the gleaner or representative, except that this paragraph shall not apply to an injury or death that results from an act or omission of the person constituting gross negligence or intentional misconduct. (d) If some or all of the donated food and grocery products do not meet all quality and labeling standards imposed by Federal, State, and territorial laws and regulations, the person or gleaner who donates the food and grocery products shall not be subject to civil or criminal liability in accordance with this section if the nonprofit organization that receives the donated food or grocery products- (1) is informed by the donor of the distressed or defective condition of the donated food or grocery products; (2) agrees to recondition the donated food or grocery products to comply with all the quality and labeling standards prior to distribution; and (3) is knowledgeable of the standards to properly recondition the donated food or grocery product. (e) This section may not be construed to create any liability. History: Added Dec. 23, 2003, No. 6634, § 29, Sess. L. 2003, p. 135.

(a) Notwithstanding any other law, the Virgin Islands Department of Health shall adopt, by reference, the 2001 Edition of the Food Code, Recommendations of the United States Public Health Service/Food and Drug Administration and any subsequent editions, supplements, and amendments thereto, as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration. (b) This Act and the 2001 Edition of the Food Code, three copies of which shall be kept in the office of the Lieutenant Governor of the Virgin Islands being marked and designated as the Food Code, 2001 Recommendations of the United States Public Health Service/Food and Drug Administration as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration be, and is hereby adopted as, the Food Code of the Virgin Islands; for regulating the design, construction, management and operation of food establishments, and providing for plans submission and approval and the issuance of permits and collection of fees therefore by the Virgin Islands Department of Health. (c) Within sixty days of the enactment of this Act, the Commissioner of Health shall promulgate rules and regulations specifying fines and penalties for violations of the Food Code of the Virgin Islands which shall be submitted to the Legislature for review and adoption. (d) The Food Code of the Virgin Islands and the rules, regulations, provisions, requirements, orders, and matters established and adopted hereby shall take effect and be in full force and effect ninety (90) days after the passage of this Act. History: Added Nov. 23, 2004, No. 6719, § 1, Sess. L. 2004, p. 265.

As used in this chapter, (1) "Adulterated Milk" means any milk or milk product that: (a) contains filth, dirt, an unwholesome substance or any foreign material; (b) is obtained from a cow suffering from a disease which might adversely affect the milk for human consumption; (c) is obtained from cows with infected udders; (d) is bloodied or discolored; (e) has a foreign taste or an odor; (f) is slimy or ropy; (g) water or any other substance has been added to the milk product so as to reduce, lower or injuriously affect its quality; or (h) any substance has been substituted wholly, or in part, for any substance naturally inherent in the milk or milk product. (2) "Certified Milk and Milk Products" means milk and milk products, which meet the sanitary and health safety standards of the Pasteurized Milk Ordinance but may, because of availability or prohibitive cost factors, use ingredients from non Grade "A" sources, provided that such ingredients are equal to or better than Grade "A" ingredients for which they are substituted. (3) "Dairy farm" means any place or premises where one or more cows or goats are kept, and from which a part or all of the milk is provided, sold, or offered for sale to a milk plant or receiving station. (4) "Department" means the Department of Health. (5) "Milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows or goats. (6) "Reconstituted or Recombined Milk and Milk Products" means milk or milk products that result from reconstitution or recombining milk constituents, skim milk powder, butterfat and potable water. Other approved ingredients may be added to flavored milk or recombined milk products. Skim Milk Powder used in recombined or reconstituted milk means milk that meets the standards of the Grade "A" Dry Milk Ordinance, Section 7, Table I of the 2001 Grade "A" Pasteurized Milk Ordinance; United States Public Health Service/Food and Drug Administration Publication No. 229, including all associated appendices, as adopted by department rule and all subsequent or future revisions thereto. (7) "Milk distributor" means any person, including brokers and agents, who purchases with intent to resell, offers for sale or sells to another person any milk or milk product. The term does not include a store that purchases milk from a licensed Virgin Islands milk distributor shall not be deemed a milk distributor for the purposes of this statute. (8) "Milk products" means products made with milk, or recombined milk, that is processed in some manner, including: pasteurized extended shelf life milk, milk having the addition or subtraction of milk fat (heavy cream, half & half), milk with added safe and suitable optional ingredients for protein, vitamin or mineral fortification or flavoring materials (chocolate milk, eggnog). "Milk products" do not include products such as evaporated milk, shelf stable (ultra pasteurized) milk, cultured milk products, condensed milk, dietary products, infant formula, ice cream and other desserts, dry milk products, butter, or cheese, except when the products are combined with other substances to produce any pasteurized or aseptically processed milk product. (9) "Milkfat" or "butterfat" means the fat contained in milk. In the case of recombined or reconstituted milk the fat may have been separated from milk and stored or shipped in the form of butter or butteroil prior to its use in the recombining of milk or milk product. (10) "Milk plant" means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, aseptically processed, bottled, or prepared for distribution. (11) "Milk plant operator" means any person responsible for receiving, processing, pasteurizing, or packaging milk and milk products, or performing any other related operation. (12) "Milk producer" means any person who operates a dairy farm and provides, sells, or offers for sale milk to a milk plant, receiving station, or transfer station. (13) "Pasteurized milk ordinance" means the 2001 Grade "A" Pasteurized Milk Ordinance, United States Public Health Service/Food and Drug Administration Publication No. 229, including all associated appendices, as adopted by department rule and all subsequent or future revisions thereto. (14) "Raw milk" means unprocessed milk. (15) "Store" means an individual business establishment at one location, including a grocery store, hotel, restaurant, soda fountain, dairy products store, gasoline station or similar mercantile establishment offering goods and/or services at retail to individual consumers. History: Added Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, pp. 459-461.

History: Repealed. Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, p. 459.

(a) Purpose. It is hereby declared that the purpose of this chapter is to protect, preserve and promote the public health and well-being of the people of the Virgin islands, to minimize the incidence of communicable diseases and to regulate the inspection of dairy farms, milk and milk product plants and provide for the examination, labeling, pasteurization, distribution and sale of milk and milk products. It is hereby further declared that the purpose of this chapter is to: (1) Establish minimum chemical, bacteriological and temperature standards for milk and milk products and an adequate level of operation and maintenance and provision for the administration and enforcement thereof. (2) Ensure, without undue burden on either the regulatory agency or the dairy industry, that milk and milk products sold or offered for sale in the territory of the Virgin Islands are produced under sanitary conditions, are wholesome and fit for human consumption, and are correctly labeled as to grade, quality, and source of production. (3) Encourage uniformity and a high level of sanitation and quality control in milk production and distribution practices in the territory. (4) Facilitate the shipment and acceptance of milk and milk products produced in the Virgin Islands of high sanitary quality in interstate and intrastate commerce, including interstate conveyances including, air carriers and cruise ships. (5) Ensure the normal flow of fresh wholesome milk and milk products from the farmer to the consumer, and the viability of dairy farms and milk and milk products processing plants in the Virgin Islands. (b) Intent. It is the intent of the Legislature to: (1) Eliminate, to the extent practicable, overlapping and unnecessary inspections of dairy farms and milk plants which may be performed by any agency of local government. (2) Pay for the regulation of milk and milk products, except as otherwise provided, through the assessment of permit fees upon Milk Plants and Milk Distributors, assuring that enterprises importing milk into the Virgin Islands pay a proportion of the cost of this enforcement. (3) It is not the intent of the Legislature to limit the authority of any agency of state or local government to take immediate action incident to the production, processing, or distribution of milk and milk products when such action is necessary to protect the public health. History: Added Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, pp. 461, 462.

(a) The Department shall administer and enforce all regulatory laws governing: (1) The production, processing, and distribution of milk and milk products. (2) The sanitary and healthful condition of the milk and milk products sold or offered for sale by establishments under the department's jurisdiction. (3) The laboratory work of testing and analyzing milk and milk products. (4) Dairy farms and milk plants are hereby made a part of this statute. (b) The department shall conduct on-site inspections of dairy farms and milk plants, and collect test samples of milk and milk products, as required by this chapter. (c) The department shall designate employees who shall be certified by the United States Food and Drug Administration as state milk sanitation rating officers, sampling surveillance officers, and laboratory evaluation officers in accordance with the requirements published in "Methods of Making Sanitation Ratings of Milk Supplies," "Evaluation of Milk Laboratories," and "Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program for Certification of Interstate Milk Shippers," respectively, as adopted by department rule. These officers shall conduct routine sanitation compliance survey ratings of milk producers, milk plants, laboratories, receiving stations, manufacturers of single-service containers for milk and milk products. These ratings shall be made in accordance with the recommendations of the United States Food and Drug Administration published in Standard Methods for the Examination of Dairy Products. (d) The department may impound any adulterated or misbranded milk or milk product to prevent human consumption, and may dispose of it in a manner that does not create a nuisance. (e) The department has authority to adopt rules to implement and enforce the provisions of this chapter. The rules shall include, but are not limited to: (1) standards for milk and milk products; (2) provisions for the production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of all milk and milk products sold for public consumption in the Virgin Islands; (3) provisions for the inspection of dairy herds, dairy farms, milk plants and the facilities of milk distributors; and (4) provisions for the issuance and revocation of permits issued by the department pursuant to this chapter; (f) The department shall conduct routine tests or inspections on raw milk that is shipped from outside the Virgin Islands. Nothing in this subsection shall be construed to limit the authority of the department to review industry records or sample milk at any stage of production, processing, or distribution in cases of suspected hazard to public health. History: Added Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, pp. 463, 464.

Any moneys collected by the department pursuant to this chapter shall be deposited in the Health Revolving Fund as established by title 33 Virgin Islands Code, chapter 111, § 3017 and used solely for the programs in this chapter. History: Added Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, p. 464.

To ensure full disclosure of the date beyond which milk or milk products may no longer be offered for sale, all dairy processors shall establish, and legibly label as prescribed by rule of the department, the maximum shelf-life period during which milk and milk products may be offered for sale. For purposes of this requirement, to "legibly label" means to label the package or container with conspicuous and easily readable boldfaced print or type in distinct contrast to the background, by color. The department shall periodically conduct shelf-life studies to review the quality of milk and milk products and shall sample periodically the products of the dairy processors to determine if the shelf-life dating used by the processors complies with the minimum standards of quality. Milk imported from outside the Virgin Islands shall have a maximum shelf-life period no longer than permitted by the regulatory agency where processed. The department may require certification from the regulatory agency specifying the maximum shelf-life period allowed. History: Added Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, p. 464.

(a) Permits. (1) Each milk plant located in the Virgin Islands and each milk producer, milk hauler, milk hauling service, washing station operator, milk plant operator, milk distributor, single-service-container manufacturer, in the Virgin Islands, shall apply to the department for a permit to operate. The application shall be on forms developed by the department. (2) Permits are nontransferable between persons or locations and are subject to suspension or revocation as provided in this chapter. (3) The department may assess fees for permits under this section sufficient to pay for regulation and enforcement as provided in this chapter. (b) Requirements. (1) To obtain a permit, an applicant must satisfy all requirements that are defined by the department in rule and must agree to comply with the applicable provisions of this chapter and rules promulgated under this chapter. (2) All permit holders must maintain records of transactions concerning the procurement, production, and processing of milk and milk products as required in the pasteurized milk ordinance and grant department inspectors access to such records during all reasonable hours. (3) In addition to the testing required in the pasteurized milk ordinance and its appendices, each milk plant operator in the state shall be responsible for routine testing and inspection of raw milk shipped from outside the state prior to processing and shall notify the department when such testing and inspection indicates a violation of the standards contained in the pasteurized milk ordinance. (c) Exemptions. (1) The following persons shall be exempt from milk hauler permit requirements: A. Milk producers who transport milk or milk products only from their own dairy farms. B. Employees of a milk distributor or milk plant operator who possess a valid permit. C. Drivers of bulk milk tank trucks between locations that do not collect milk from farms. (2) Grocery stores, restaurants, soda fountains, and similar establishments where milk or milk products are served or sold, but not processed, may be exempted from permit requirements, provided the milk or milk products offered for sale were procured from a holder of a valid Virgin Islands permit. (d) Temporary permits. (1) The department may issue a temporary permit for a period not exceeding 90 days to milk producers, milk haulers, milk plants, milk plant operators and milk distributors who have submitted an application to the department and passed a preliminary inspection as required in the pasteurized milk ordinance. (2) During this 90-day period, the department shall act expeditiously to determine compliance with all relevant laws and, upon finding compliance, shall issue a permit. History: Added Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, p. 465.

The department shall establish a schedule for inspections which shall require routine inspections in accordance with the minimum requirements contained in the pasteurized milk ordinance and more frequent inspections or re-inspections for permit holders with serious or repeated violations. History: Added Dec. 2, 2005, § 1, Sess. L. 2005, p. 466.

(a) Pasteurized milk and milk products can be Grade A or certified pasteurized milk and may be sold to the final consumer or to restaurants, soda fountains, grocery stores, or similar establishments. (1) In an emergency, as determined by the department, however, the department may authorize the sale of pasteurized milk or milk products that have not been graded or the grade is unknown, in which case such milk and milk products shall be appropriately labeled, as determined by the department. (2) If the department determines that milk is fit for human consumption even though it is less than Grade A because the producer failed to comply with the sanitation or bacterial standards defined in this chapter, or if any specific shipment of milk fails to comply with standards of the pasteurized milk ordinance, the department shall issue a permit allowing the milk to be used in ungraded products, such as frozen desserts, which are being processed by such milk plant. During processing of such milk, it shall be pasteurized at temperatures consistent with the Pasteurized Milk Ordinance. (b) Milk that is in final package form for beverage use shall have been pasteurized and shall contain at least 8.25 percent milk solids-not-fat and at least 3.25 percent milkfat. History: Added Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, pp. 466, 467.

Milk and milk products offered for sale in the Virgin Islands shall be clearly labeled as to type of product. In the case of recombined milk the word "Recombined" or "Reconstituted" shall be in letters at least one half the size of the product name and no smaller than the words "Pasteurized" or "Homogenized". History: Added Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, p. 467.

(a) All future construction or extensive alteration of milk houses, milking barns, stables, parlors, transfer stations, and milk plants regulated under this chapter must meet certain minimum specifications and requirements, which the department shall establish by rule. (b) Anyone who plans to construct a new milk house, milking barn, stable, parlor, or milk plant, or extensively alter any such existing facility, shall notify the department in writing of the intention to construct or alter, the date construction or alteration is to begin, and the legal description of the property for which the construction is planned. (c) The minimum specifications in effect on the date of the original notification shall apply to the construction or alteration. If the construction does not meet these requirements and specifications, the department shall direct the owner to alter the construction to conform to them. History: Added Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, p. 467.

The records of the department regarding matters encompassed by this chapter are public records; except that any information which would reveal a trade secret, as defined in title 14 Virgin Islands Code § 1665, of a dairy industry business is confidential and exempt from the provisions of § 551. If the department determines that any information requested by the public will reveal a trade secret, it shall, in writing, inform the person making the request of that determination. History: Added Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, pp. 467, 468.

It is unlawful for any person in the Virgin Islands to: (a) engage in the business of producing, hauling, transferring, receiving, processing, packaging, or distributing milk or milk products, or manufacturing single-service containers, without first obtaining a permit from the department; (b) produce, provide, sell, offer for sale, or have in possession with intent to sell, any adulterated or misbranded milk or milk product; (c) advertise, package, label, sell, or offer for sale, or cause to be advertised, packaged, labeled, sold, or offered for sale, any imitation or substitute milk or milk product in a manner that is untrue, deceptive, or misleading and which could cause consumers to think they are purchasing a Grade A milk or milk product; (d) sell or offer for sale raw milk for human or animal consumption; and (e) obstruct or resist any authorized inspector while in performance of inspection duties. History: Added Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, p. 468.

If any conditions are determined to exist which present an imminent health hazard to the public, the department may suspend the operating permit of the facility, without hearing, for a period not to exceed ten (10) business days. The suspension shall be effective upon receipt of written notice by the permit holder or another reasonably responsible employee. A suspension statement recorded on an inspection report by the department's representative constitutes written notice. The permit shall not be suspended for a period longer than 10 business days without a hearing. Failure to hold a hearing within ten (10) business days shall automatically terminate the suspension. The permit holder of the Facility may request, in writing, a re-inspection by a representative of the department at any time during the period of suspension, for the purpose of demonstrating the imminent health hazard no longer exists. The request for a hearing shall not stay the suspension. However, if after re- inspection, a representative of the department determines that the imminent health hazard no longer exists, the representative shall stay the suspension without the matter going to a full hearing before the department. History: Added Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, pp. 468, 469.

(a) The department may enter an order imposing one or more of the following penalties against any person who violates any of the provisions of this chapter: (1) Issuance of a warning letter that relates to the class of the violation. (2) Imposition of an administrative fine of not more than $1,000 per occurrence. When imposing a fine under this section, the department must consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, the benefit to the violator, whether the violation was committed knowingly and willfully, and the violator's compliance record. (3) Revocation or suspension of any permit issued by the department under this chapter. (b) Whoever violates any of the provisions of this chapter commits a misdemeanor, punishable by a fine of not more than $1,000 or imprisoned not more than 1 year, or both. (c) The Superior Court of the Virgin Islands may enjoin a violation on complaint of the department. The injunction shall issue without bond. History: Added Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, p. 469.

History: Repealed. Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, p. 459.

History: Repealed. Dec. 2, 2005, No. 6803, § 1, Sess. L. 2005, p. 459.

This chapter may be cited as the "Virgin Islands Controlled Substances Law". History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 28.

The Legislature of the Virgin Islands hereby finds and declares that many of the drugs included within this chapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the people of the Virgin Islands; however, the illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the people of the Virgin Islands. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 28.

As used in this chapter: (1) The term "addict" means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction. (2) The term "administer" refers to the direct application of a controlled substance to the body of a patient or research subject by- (A) a practitioner (or, in his presence, by his authorized agent), or (B) the patient or research subject at the direction and in the presence of the practitioner, whether such application be by injection, inhalation, ingestion, or any other means. (3) The term "agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier's warehouseman's business. (4) The term "bath salts" means a synthetic cathinone, either 3, 4-methyl enedioxypyrovalerone (MDPV) or mephedrone. (5) The term "Commissioner" means the Commissioner of Health. (6) The term "control" means to add a drug or other substance, or immediate precursor, to a schedule under section 595 of this chapter, whether by transfer from another schedule or otherwise. (7) The term "controlled substance" means a drug or other substance, or immediate precursor, included in Schedule I, II, III, IV, or V of section 595 of this chapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used elsewhere in this code. The term does not include industrial hemp as defined in 7 V.I.C. § 200(e). (8) The term "counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade-name, or other identifying mark, imprint, number, or device or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser. (9) The terms "deliver" or "delivery" mean the actual, constructive, or attempted transfer of a controlled substance, whether or not there exists an agency relationship. (10) The term "depressant or stimulant substance" means- (A) a drug which contains any quantity of (i) barbituric acid or any of the salts of barbituric acid; or (ii) any derivative of barbituric acid which has been designated by the Secretary as habit forming under section 502(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.352(d)); or (B) a drug which contains any quantity of (i) amphetamine or any of its optical isomers; (ii) any salt of amphetamine or any salt of an optical isomer of amphetamine; or (iii) any substance which the Commissioner, after investigation, has found to be, and by regulation designated as, habit forming because of its stimulant effect on the central nervous system; or (C) Lysergic acid diethylamide; or (D) any drug which contains any quantity of a substance which the Commissioner, after investigation, has found to have, and by regulation designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect. (11) The term "designer drug" means a substance other than a controlled substance that is intended for human consumption and that either has a chemical structure substantially similar to that of a controlled substance in schedules I, II or III found in title 19, section 595, Virgin Islands Code or that produces an effect substantially similar to that of a controlled substance in schedules I, II or III. Examples of chemical classes in which designer drugs are found include, but are not limited to, the following: Phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles and arylcycloalkyamines. (12) The term "dispense" means to deliver a controlled substance to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner, including the prescribing and administering of a controlled substance and the packaging, labeling, or compounding necessary to prepare the substance of such delivery. The term "dispenser" means a practitioner who so delivers a controlled substance to an ultimate user or research subject. (13) The term "distribute" means to deliver (other than by administering or dispensing) a controlled substance. The term "distributor" means a person who so delivers a controlled substance. (14) The term "drug" has the meaning given that term by section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act. (15) The term "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. The term includes, but is not limited to: (A) Kits used, intended for use, or designed for use in the planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived. (B) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances. (C) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance. (D) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances. (E) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances. (F) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances. (G) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining cannabis. (H) Containers intended for use, or designed for use in compounding controlled substances. (I) Capsules, balloons, envelopes, and other containers used, intended for use or designed for use in packaging small quantities of controlled substances. (J) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances. (K) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body. (L) Objects including, but not limited to rolling papers, used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as: (i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls. (ii) Water pipes. (iii) Carburetion tubes and devices. (iv) Smoking and carburetion masks. (v) Roach clips, meaning objects used to hold burning material such as a cannabis cigarette that has become too small or short to be held in the hand. (vi) Miniature cocaine spoons and cocaine vials. (vii) Chamber pipes. (viii) Carburetor pipes. (ix) Electric pipes. (x) Air-driven pipes. (xi) Chillums. (xii) Bongs. (xiii) Ice pipes or chillers. (M) In determining whether an object is drug paraphernalia, a Court or other authority or jury shall consider, in addition to all other logically relevant factors, the following: (i) Statements by an owner or by anyone in control of the object concerning its use. (ii) The proximity of the object, in time and space, to a direct violation of the provisions of this chapter. (iii) The proximity of the object to controlled substances. (iv) The existence of any residue of controlled substances on the object. (v) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia. (vi) Instructions, oral or written, provided with the object concerning its use. (vii) Descriptive materials accompanying the object which explain or depict its use. (viii) Any advertising concerning its use. (ix) The manner in which the object is displayed for sale. (x) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products. (xi) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise. (xii) The existence and scope of legitimate uses for the object in the community. (xiii) Expert testimony concerning its use. (16) The term "felony" means any Federal, State or Virgin Islands offense classified by applicable Federal, State or Virgin Islands law as a felony. (17) The term "imitation controlled substance" means (A) a product specifically designed or manufactured to resemble the physical appearance of a controlled substance, such that a reasonable person of ordinary knowledge would not be able to distinguish the imitation from the controlled substance by its outward appearance, or (B) a product, not a controlled substance, which, by representations made and by dosage unit appearance, including color, shape, size, or markings, would lead a reasonable person to believe that, if ingested, the product would have a stimulant or depressant effect similar to or the same as that of one or more of the controlled substances included in Schedules I through V, inclusive of section 595 of this chapter. (18) The term "manufacture" means the production, preparation, propagation, compounding, or processing of a drug or other substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of such substance or labeling or relabeling of its container; except that such term does not include the preparation, compounding, packaging, or labeling of a drug or other substance in conformity with applicable State or local law by a practitioner as an incident to his administration or dispensing of such drug or substance in the course of his professional practice. The term "manufacturer" means a person who manufactures a drug or other substance. (19) The term "marijuana" means all parts of any species of the plant cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. (20) The term "narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) Opium, coca leaves, and opiates. (B) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates. (C) A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in clause (A) or (B). Such term does not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine. (21) The term "opiate" means any drug or other substance having an addiction-forming or addiction- sustaining liability similar to morphine or being capable or conversion into a drug having such addiction- forming or addiction-sustaining liability. (22) The term "opium poppy" means the plant of the species papaver somniferum L., except the seed thereof. (23) The term "poppy straw" means all parts, except the seeds of the opium poppy, after mowing. (24) The term "practitioner" means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted, by the Government of the Virgin Islands, to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research. (25) The term "production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. (26) The term "immediate precursor" means a substance- (A) which the Commissioner has found to be and by regulation designated as being the principal compound used, or produced primarily for use, in the manufacture of a controlled substance; (B) which is an immediate chemical intermediary used or likely to be used in the manufacture of such controlled substance; and (C) the control of which is necessary to prevent, curtail, or limit the manufacture of such controlled substance. (27) The term "Secretary", unless the context otherwise indicates, means the Secretary of Health and Human Services of the United States. (28) The term "State" means the Virgin Islands, any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and the Canal Zone. (29) The terms "synthetic cannabinoid agonists", "piperazines", or "synthetic marijuana" mean any chemical compound that contains Benzylpiperazine, Trifluoromethylphenylpiperazine, 1,1-Dimethylheptyl- 11-hydroxytetrahydro cannabinol. 1-Butyl-3-(1-naphthoyl)indole, 1-Pentyl-3-(1-naphthoyl)indole, dexanabinol, (1-(2-morpholin-4-ylethyl)indol-3-yl)-napthalen-l-ylmethanone (JWH-200), 1-pentyl-3-(2- methoxyphenylacetyl)indole (JWH-250), or 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol). The term does not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration, and are dispensed in accordance with Virgin Islands and federal law. (30) The term "ultimate user" means a person who has lawfully obtained, and who possesses, a controlled substance for his own use or for the use of a member of his household or for an animal owned by him or by a member of his household. (31) The term "United States", when used in a geographic sense, means all places and waters, continental or insular, subject to the jurisdiction of the United States. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 28; amended July 31, 1975, No. 3723, Sess. L. 1975, p. 112; Apr. 2, 1982, No. 4690, Sess. L. 1982, p. 52; Feb. 18, 1992, No. 5779, § 1, Sess. L. 1992, p. 38; Aug. 9, 1994, No. 6004, § 2, Sess. L. 1994, p. 137; Mar. 5, 2005, No. 6730, § 30, Sess. L. 2005, p. 108; amended May 3, 2013, No. 7472, § 2(a), Sess. L. 2013, p. 1; amended Dec. 19, 2014, No. 7700, § 1, Sess. L. 2014, p. 367; amended Apr. 26, 2016, No. 7868, § 2, Sess. L. 2016, p. 53.

(a) The Commissioner shall apply the provisions of this chapter to the controlled substances listed in the schedules established by section 595 of this chapter and to any other drug or other substance added to such schedules under this chapter. Except as provided in subsections (d) and (e), the Commissioner may by rule- (1) add to such a schedule or transfer between such schedules any drug or other substance if he- (A) finds that such drug or other substance has a potential for abuse, and (B) makes with respect to such drug or other substance the findings prescribed by subsection (b) of section 595 for the schedule in which such drug is to be placed; or (2) removes any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule. (b) In making any finding under subsection (a) of this section, the Commissioner shall consider the following factors with respect to each drug or other substance proposed to be controlled or removed from the schedules: (1) Its actual or relative potential for abuse. (2) Scientific evidence of its pharmacological effect, if known. (3) The state of current scientific knowledge regarding the drug or other substance. (4) Its history and current pattern of abuse. (5) The scope, duration, and significance of abuse. (6) What, if any, risk there is to the public health. (7) Its psychic or physiological dependence liability. (8) Whether the substance is an immediate precursor of a substance already controlled under this chapter. (c) When the Commissioner makes a finding pursuant to subsection (a) after considering the factors listed in subsection (b) of this section, he shall issue an order which shall be published once a week for three consecutive weeks in all Virgin Islands newspapers of general circulation. (d) The Commissioner may, without regard to the findings required by subsection (a) of this section place an immediate precursor in the same schedule in which the controlled substance of which it is an immediate precursor is placed or in any other schedule with a higher numerical designation. If the Commissioner designates a substance as an immediate precursor and places it in a schedule, other substances shall not be placed in a schedule solely because they are its precursors. (e) Any substance which shall be designated as a controlled dangerous substance and listed within a Schedule in Title II of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970 shall be similarly controlled under this chapter, unless, within 60 days of publication in the Federal Register, the Commissioner objects to such inclusion. In such case, the Commissioner shall cause to be published and made public the reasons for such objection and shall afford all interested parties an opportunity to be heard. At the conclusion of such hearing, the Commissioner shall publish and make public his decision, which shall be final unless specifically acted upon by the Legislature. (f) The Commissioner shall by regulation exclude any nonnarcotic substance from a schedule if such substance may, under the Federal Food, Drug, and Cosmetic Act, be lawfully sold over the counter without a prescription. Dextromethorphan shall not be deemed to be included in any schedule by reason of enactment of this chapter unless controlled after the date of such enactment pursuant to the foregoing provisions of this section. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 32.

(a) There are established five schedules of controlled substances, to be known as Schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in this section. The schedules established by this section shall be updated and republished on a semiannual basis during the two-year period beginning one year after the date of enactment of this chapter and shall be updated and republished on an annual basis thereafter. (b) Except where control is required by United States obligations under an international treaty, convention, or protocol, in effect on the effective date of this chapter, and except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows: (1) Schedule I- (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. (C) There is a lack of accepted safety for use of the drug or other substance under medical supervision. (2) Schedule II- (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions. (C) Abuse of the drug or other substances may lead to severe psychological or physical dependence. (3) Schedule III- (A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and II. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence. (4) Schedule IV- (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule III. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule III. (5) Schedule V- (A) The drug or other substance has a low potential for abuse relative to the drugs or other substance in schedule IV. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV. (c) Schedules I, II, III, IV, and V shall, unless and until amended pursuant to section 594, consist of the following drugs or other substances, by whatever official name, common or usual name, chemical name or brand name designated: SCHEDULE I (a) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation: (1) Acetylmethadol. (2) Allylprodine. (3) Alphacetylmathadol. (4) Alphameprodine. (5) Alphamethadol. (6) Benzethidine. (7) Betacetylmethadol. (8) Betameprodine. (9) Betamethadol. (10) Betaprodine. (11) Clonitazene. (12) Destromoramide. (13) Dextrorphan. (14) Diampromide. (15) Diethylthiambutene. (16) Dimenoxadol. (17) Dimepheptanol. (18) Dimethylthiambutene. (19) Dioxaphetylbutyrate. (20) Dipipanone. (21) Ethylmethylthiambutene. (22) Etonitazene. (23) Etoxeridine. (24) Furethidine. (25) Hydroxypethidine. (26) Ketobemidone. (27) Levomoramide. (28) Levophenacylmorphan. (29) Morpheridine. (30) Noracymethadol. (31) Norlevorphanol. (32) Normethadone. (33) Norpipanone. (34) Phenampromide. (35) Phenadoxone. (36) Phenomorphan. (37) Phenoperidine. (38) Piritramide. (39) Proheptaxine. (40) Properidine. (41) Racemoramide. (42) Trimeperidine. (b) Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Acetorphine. (2) Acetyldihydrocodeine. (3) Benzylmorphine. (4) Codeine methylbromide. (5) Codeine-N-Oxide. (6) Cyprenorphine. (7) Desomorphine. (8) Dihydromorphine. (9) Etorphine. (10) Heroin. (11) Hydromorphinol. (12) Methyldesorphine. (13) Methylhydromorphine. (14) Morphine methylbromide. (15) Morphine methylsulfonate. (16) Morphine-N-Oxide. (17) Myrophine. (18) Nicocodeine. (19) Nicomorphine. (20) Normorphine. (21) Pholcodine. (22) Thebacon. (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) 3, 4-methylenedioxy amphetamine. (2) 5-methoxy-3, 4-methylenedioxy amphetamine. (3) 3, 4, 5-trimethoxy amphetamine. (4) Bufotenine. (5) Diethyltryptamine. (6) Dimethyltryptamine. (7) 4-methyl-2, 5-dimethoxyamphetamine. (8) Ibogaine. (9) Lysergic acid diethylamide. (10) Cannabis sativa or Marijuana. (11) Synthetic cannabinoids or synthetic marijuana. (12) Mescaline. (13) Peyote. (14) N-ethyl-3-piperidyl benzilate. (15) N-methyl-3-piperidyl benzilate. (16) Psilocybin. (17) Psilocin. (18) Tetrahydrocannabinols. (d) Unless specifically excepted or unless listed in another schedule, any substance that contains any quantity of the following substances, including their salts isomers and salts of isomers, which have a stimulant effect on the central nervous system: (1) 3-Flouromethcathinone. (2) 4-Flouromethacathinone. (3) Mephedrone or 4-methylmethcathinone. (4) 4-methoxymethcathinone. (5) Methylenedioxypyrovalerone (MDPV) or (1-(1,3-Benzodioxol-5-yl)2-(1-pyrrolidinyl)-1- pentanone. (6) Methylone or 3,4-Methylenedioxymethcathinone. (7) 4-Methyl-alpha-pyrrolidinobutiophenone (MPBP). SCHEDULE II (a) Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. (2) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (1), except that these substances shall not include the isoquinoclause (1)oids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves, and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine. (b) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation: (1) Alphaprodine. (2) Anileridine. (3) Bezitramide. (4) Dihydrocodeine. (5) Diphenoxylate. (6) Fentanyl. (7) Isomethadone. (8) Levomethorphan. (9) Levorphanol. (10) Metazocine. (11) Methadone. (12) Methadone-Intermediate, 4-cyano-2-dimethyl-amino-4, 4-diphenyl butane. (13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid. (14) Pethidine. (15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine. (16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate. (17) Pethidine-Intermediate-C, 1-methyl-4-phenyl-piperidine-4-carboxylic acid. (18) Phenazocine. (19) Piminodine. (20) Racemethorphan. (21) Racemorphan. (c) Unless specifically excepted or unless listed in another schedule, any injectable liquid which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers. SCHEDULE III (a) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers. (2) Phenmetrazine and its salts. (3) Any substance (except in injectable liquid) which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers. (4) Methylphenidate. (b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system: (1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid. (2) Chorhexadol. (3) Glutehimide. (4) Lysergic acid. (5) Lysergic acid amide. (6) Methyprylon. (7) Phencyclidine. (8) Sulfondiethylmethane. (9) Sulfonethylmethane. (10) Sulfonmethane. (c) Nalorphine. (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof: (1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium. (2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium. (4) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. SCHEDULE IV (1) Barbital. (2) Chloral betaine. (3) Chloral hydrate. (4) Ethchlorvynol. (5) Ethinamate. (6) Methohexital. (7) Meprobamate. (8) Methylphenobarbital. (9) Paraldehyde. (10) Petrichloral. (11) Phenobarbital. SCHEDULE V Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams. (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams. (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams. (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit. (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams. (d) The Commissioner may by regulation except any compound, mixture or preparation containing any depressant or stimulant substance in paragraph (a) or (b) of schedule III or in schedule IV or V from the application of all or any part of this chapter if (1) the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and (2) such ingredients are included therein such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a depressant or stimulant effect on the central nervous system. (e) Any drug not listed in this section which is privately compounded, with specific intent to circumvent the criminal penalties for synthetic cannabinoids or other substances banned in this section, to emulate or simulate the effects of synthetic cannabinoids or other substances banned in this section through chemical changes such as the addition, subtraction or rearranging of radical or the addition, subtraction or rearranging of a substituent, shall be subject to the same criminal penalties as for synthetic cannabinoids or other substances banned in this section. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 34; amended Apr. 2, 1982, No. 4690, Sess. L. 1982, p. 52; amended May 3, 2013, No. 7472, § 2(b)(1)-(3), (c), Sess. L. 2013, p. 1, 2; amended July 11, 2014, No. 7622, § 1, Sess. L. 2014, p. 146. (d) "Department" means the Virgin Islands Department of Health. (e) "Dispense" means to deliver a controlled substance to an ultimate user by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the controlled substance for that delivery. (f) "Dispenser" means a practitioner who dispenses. "Dispenser" does not include: (1) A licensed hospital pharmacy when it is distributing controlled substances for the purpose of outpatient services, inpatient hospital care, or at the time of discharge from a hospital, except for a pharmacy owned by a hospital that has a retail pharmacy permit when the pharmacy is distributing controlled substances directly to the public; (2) A wholesale distributor of Schedules II-V controlled substances; or (3) A practitioner or other authorized person who administers a controlled substance. (g) "Exchangeability" means the ability of the prescription drug monitoring program to electronically share reported information with another state's prescription drug monitoring program if the information concerns the dispensing of a controlled substance either: (1) To a patient who resides in the other state; or (2) Prescribed by a practitioner whose principal place of business is in the other state. (h) "Investigation" means an active inquiry that is being conducted with a reasonable, good-faith belief that the inquiry: (1) could lead to the filing of administrative, civil, or criminal proceedings; or (2) is ongoing and continuing and a reasonable, good-faith anticipation exists for securing an arrest or prosecution in the foreseeable future. (i) "Licensing board" means the board that regulates and licenses practitioners or dispensers who prescribe or dispense medications. (j) "Opioid" means a drug or medication that relieves pain, including: (1) Hydrocodone; (2) Oxycodone; (3) Morphine; (4) Codeine; and (5) Fentanyl. (k) "Patient" means the person or animal who is the ultimate user of a controlled substance for whom a lawful prescription is issued and for whom a controlled substance is lawfully dispensed. (l) "Practitioner" means: (1) A physician, dentist, veterinarian, advanced practice nurse, physician assistant, pharmacist, scientific investigator, or other person licensed, registered, or otherwise permitted to prescribe, distribute, dispense, conduct research with respect to, or to administer a controlled substance during professional practice or research in the Territory; and (2) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance during professional practice or research in the Territory. (m) "Prescribe" means to issue a direction or authorization, by prescription, permitting a patient lawfully to obtain a controlled substance. (n) "Prescriber" means a practitioner who prescribes a controlled substance. (o) "Prescription" means a controlled substance lawfully prescribed and subsequently dispensed. (p) "Prescription drug monitoring database" or "PDMD" means the electronic prescription drug monitoring database established under the Virgin Islands Drug Monitoring Program established in section 635b (a)(1). (q) "Prescription drug monitoring program" means a program that collects, manages, analyzes, and provides information regarding controlled substances. (r) "Prescription Drug Monitoring Program Advisory Committee" or "Committee" means the Prescription Drug Monitoring Program Advisory Committee established in section 635c. (s) "Qualified law enforcement agency" means a law enforcement agency that has a certified law enforcement prescription drug diversion investigator and a commissioner or chief officer who has successfully completed a certification course in prescription drug diversion approved by the Committee. (t) "Schedule II" means controlled substances placed in Schedule II under 19 V.I.C. § 595(c). (u) "Schedule III" means controlled substances placed in Schedule III under 19 V.I.C. § 595(c). (v) "Schedule IV" means controlled substances placed in Schedule IV under 19 V.I.C. § 595(c). (w) "Schedule V" means controlled substances placed in Schedule V under 19 V.I.C. § 595(c). (x) "Ultimate user" means a person who lawfully possesses a controlled substance for: (1) The person's own use; (2) The use of a member of the person's household; or (3) Administering to an animal owned by a person or by a member of the person's household. (y) "Virgin Islands Prescription Drug Monitoring Program" or "Program" means the prescription drug monitoring program established in section 635b. History: Added June 29, 2025, No. 8959, § 1, Sess. L. 2024, p. -.

The Commissioner is authorized to promulgate rules and regulations and to charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within the Virgin Islands. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 42.

(a) Every person who manufactures, distributes, or dispenses any controlled substance or who purposes to engage in the manufacture, distribution, or dispensing of any controlled substance, shall obtain annually a registration issued by the Commissioner in accordance with the rules and regulations promulgated by him. (b) Persons registered by the Commissioner under this chapter to manufacture, distribute, or dispense controlled substances are authorized to possess, manufacture, distribute, or dispense such substances (including any such activity in the conduct of research) to the extent authorized by their registration and in conformity with the other provisions of this chapter. (c) The following persons shall not be required to register and may lawfully possess any controlled substance under this chapter: (1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if such agent or employee is acting in the usual course of his business or employment. (2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of the controlled substance is in the usual course of his business or employment. (3) An ultimate user who possesses such substance for a purpose specified in section 593(30). (d) The Commissioner may, by regulation, waive the requirement for registration of certain manufacturers, distributors, or dispensers if he finds it consistent with the public health and safety. (e) A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances. (f) The Commissioner is authorized to inspect the establishment of a registrant or applicant for registration in accordance with the rules and regulations promulgated by him. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 42.

(a) The Commissioner shall register an applicant to manufacture controlled substances in schedule I or II if he determines that such registration is consistent with the public interest. In determining the public interest, the following factors shall be considered: (1) maintenance of effective controls against diversion of particular controlled substances and any controlled substance in schedule I or II compounded therefrom into other than legitimate medical, scientific, research, or industrial channels, by limiting the importation and bulk manufacture of such controlled substances to a number of establishments which can produce an adequate and uninterrupted supply of these substances under adequately competitive conditions for legitimate medical, scientific, research and industrial purposes; (2) compliance with applicable law of the Virgin Islands; (3) promotion of technical advances in the art of manufacturing these substances and the development of new substances; (4) prior conviction record of applicant under Virgin Islands, Federal and State laws relating to the manufacture, distribution, or dispensing of such substances; (5) past experience in the manufacture of controlled substances, and the existence in the establishment of effective control against diversion; and (6) such other factors as may be relevant to and consistent with the public health and safety. (b) The Commissioner shall register an applicant to distribute a controlled substance in schedule I or II unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered: (1) maintenance of effective control against diversion of particular controlled substances into other than legitimate medical, scientific, and industrial channels; (2) compliance with applicable laws of the Virgin Islands; (3) prior conviction record of applicant under Virgin Islands, Federal or State laws relating to the manufacture, distribution, or dispensing of such substances; (4) past experience in the distribution of controlled substances; and (5) such other factors as may be relevant to and consistent with the public health and safety. (c) Registration granted under subsections (a) and (b) of this section shall not entitle a registrant to manufacture or distribute controlled substances in schedule I or II other than those specified in the registration. (d) The Commissioner shall register an applicant to manufacture controlled substances in schedule III, IV, or V, unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered: (1) maintenance of effective controls against diversion of particular controlled substances and any controlled substances in schedule III, IV, or V compounded therefrom into other than legitimate medical, scientific, or industrial channels; (2) compliance with applicable laws of the Virgin Islands; (3) promotion of technical advances in the art of manufacturing these substances and the development of new substances; (4) prior conviction record of applicant under Virgin Islands, Federal or State laws relating to the manufacture, distribution, or dispensing of such substances; (5) past experience in the manufacture, distribution, and dispensing of controlled substances, and the existence in the establishment of effective controls against diversion; and (6) such other factors as may be relevant to and consistent with the public health and safety. (e) The Commissioner shall register an applicant to distribute controlled substances in schedule III, IV, or V, unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered: (1) maintenance of effective controls against diversion of particular controlled substances into other than legitimate medical, scientific, and industrial channels; (2) compliance with applicable laws of the Virgin Islands; (3) prior conviction record of applicant under Virgin Islands, Federal or State laws relating to the manufacture, distribution, or dispensing of such substances; (4) past experience in the distribution of controlled substances; and (5) such other factors as may be relevant to and consistent with the public health and safety. (f) Practitioners shall be registered to dispense or conduct research with controlled substances in schedule II, III, IV, or V if they are authorized to dispense or conduct research under the laws of the state in which they practice. Separate registration under this chapter for practitioners engaging in research with nonnarcotic controlled substances in schedule II, III, IV, or V, who are already registered under this chapter in another capacity, shall not be required. Pharmacies (as distinguished from pharmacists) when engaged in commercial activities, shall be registered to dispense controlled substances in schedule II, III, IV, or V if they are authorized to dispense under the law of the Virgin Islands in which they regularly conduct business. Registration applications by practitioners wishing to conduct research with controlled substances in schedule I shall be reviewed by the Commissioner to determine qualifications and competency of each practitioner requesting registration, as well as the merits of the research protocol. The Commissioner, in determining the merits of each research protocol, shall prescribe effective procedures to adequately safeguard against diversion of such controlled substances from legitimate medical or scientific use. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 42.

(a) A registration pursuant to section 598 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the Commissioner upon finding that the registrant- (1) has materially falsified any application filed pursuant to or required by this chapter; (2) has been convicted of a felony under this or any other law of the Virgin Islands, the United States, or of any State, relating to any substance defined in this chapter as a controlled substance; or (3) has had his state license or registration suspended, revoked, or denied by competent state authority and is no longer authorized by state law to engage in the manufacturing, distribution, or dispensing of controlled substances. (b) The Commissioner may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist. (c) Before taking action pursuant to this section, or pursuant to a denial of registration under section 598 the Commissioner shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended. The order to show cause shall contain a statement of the basis thereof and shall call upon the applicant or registrant to appear before the Commissioner at a time and place stated in the order, but in no event less than thirty days after the date of receipt of the order. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this chapter or any other law of the Virgin Islands. (d) The Commissioner may, in his discretion, suspend any registration simultaneously with the institution of proceedings under this section, in cases where he finds that there is an imminent danger to the public health or safety. Such suspension shall continue in effect until the conclusion of such proceedings, including judicial review thereof, unless sooner withdrawn by the Commissioner or dissolved by a court of competent jurisdiction. (e) In the event the Commissioner suspends or revokes a registration granted under section 598, all controlled substances owned or possessed by the registrant pursuant to such registration at the time of suspension or the effective date of the revocation order, as the case may be, may, in the discretion of the Commissioner, be placed under seal. No disposition may be made of any controlled substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded except that a court, upon application therefor, may at any time order the sale of perishable controlled substances. Any such order shall require the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all such controlled substances (or proceeds of sale deposited in court) shall be forfeited to the Government of the Virgin Islands; and the Commissioner shall dispose of such controlled substances. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 45.

It shall be unlawful to distribute a controlled substance in a commercial container unless such container, when and as required by regulations of the Commissioner, bears a label (as defined in section 201(k) of the Federal Food, Drug, and Cosmetic Act) containing an identifying symbol for such substance in accordance with such regulations. A different symbol shall be required for each schedule of controlled substance. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 46.

(a) Except as provided in subsection (c)- (1) every registrant under this chapter shall, on the effective date of this section, or as soon thereafter as such registrant first engages in the manufacture, distribution, or dispensing of controlled substances, and every second year thereafter, make a complete and accurate record of all stocks thereof on hand, except that the regulations prescribed under this section shall permit each such biennial inventory (following the initial inventory required by this paragraph) to be prepared on such registrant's regular general physical inventory date (if any) which is nearest to and does not vary by more than six months from the biennial date that would otherwise apply; (2) on the effective date of each regulation of the Commissioner controlling a substance that immediately prior to such date was not a controlled substance, each registrant under this chapter manufacturing, distributing, or dispensing such substance shall make a complete and accurate record of all stocks thereof on hand; and (3) on and after the effective date of this section, every registrant under this chapter manufacturing, distributing, or dispensing a controlled substance or substances shall maintain, on a current basis, a complete and accurate record of each such substance manufactured, received, sold, delivered, or otherwise disposed of by him, except that this paragraph shall not require the maintenance of a perpetual inventory. (b) Every inventory or other record required under this section (1) shall be in accordance with, and contain such relevant information as may be required by, regulation of the Commissioner, (2) shall (A) be maintained separately from all other records of the registrant, or (B) alternatively, in the case of nonnarcotic controlled substances, be in such form that information required by the Commissioner is readily retrievable from the ordinary business records of the registrant, and (3) shall be kept and be available, for at least two years, for inspection and copying by officers or employees of the Government of the Virgin Islands authorized by the Commissioner. (c) The foregoing provisions of this section shall not apply- (1) (A) with respect to narcotic controlled substances in schedule II, III, IV, or V, to the prescribing or administering of such substances by a practitioner in the lawful course of his professional practice; or (B) with respect to nonnarcotic controlled substances in schedule II, III, IV, or V, to any practitioner who dispenses to his patients, unless the practitioner is regularly engaged in charging his patients, either separately or together with charges for other professional services for substances so dispensed; (2) (A) to the use of controlled substances, at establishments registered under this chapter which keep records with respect to such substances, in research conducted in conformity with an exemption granted under section 505(i) of the Federal Food, Drug, and Cosmetic Act; (B) to the use of controlled substances, at establishments registered under this chapter which keep records with respect to such substances, in preclinical research or in teaching; or (3) to the extent of any exemption granted to any person, with respect to all or part of such provisions, by the Commissioner by or pursuant to regulation on the basis of a finding that the application of such provisions (or part thereof) to such person is not necessary for carrying out the purpose of this chapter. (d) Every manufacturer registered under section 598 shall, at such time or times and in such form as the Commissioner may require, make periodic reports to the Commissioner of every sale, delivery, or other disposal by him of any controlled substance, and each distributor shall make such reports with respect to narcotic controlled substances, identifying by the registration number assigned under this chapter the person or establishment (unless exempt from registration under section 597(d) to whom such sale, delivery, or other disposal was made). History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 46.

(a) It shall be unlawful for any person to distribute a controlled substance in schedule I or II to another except in pursuance of a written order of the person to whom such substance is distributed, made on a form to be issued by the Commissioner in blank in accordance with subsection (d) and regulations prescribed by him pursuant to this section. (b) Nothing in subsection (a) shall apply to- (1) the exportation of such substances from the United States in conformity with Title III; (2) the delivery of such a substance to or by a common or contract carrier for carriage in the lawful and usual course of its business, or to or by a warehouseman for storage in the lawful and usual course of its business; but where such carriage or storage is in connection with the distribution by the owner of the substance to a third person, this paragraph shall not relieve the distributor from compliance with subsection (a). (c) (1) Every person who in pursuance of an order required under subsection (a) distributes a controlled substance shall preserve such order for a period of two years, and shall make such order available for inspection and copying by officers and employees of the Government of the Virgin Islands duly authorized for that purpose by the Commissioner. (2) Every person who gives an order required under subsection (a) shall, at or before the time of giving such order, make or cause to be made a duplicate thereof on a form to be issued by the Commissioner in blank in accordance with subsection (d) and regulations prescribed by him pursuant to this section, and shall, if such order is accepted, preserve such duplicate for a period of two years and make it available for inspection and copying by the officers and employees mentioned in paragraph (1) of this subsection. (d) (1) The Commissioner shall issue forms pursuant to subsections (a) and (c)(2) only to persons validly registered under section 598 (or exempted from registration under section 597(d)). Whenever any such form is issued to a person, the Commissioner shall, before delivery thereof, insert therein the name of such person, and it shall be unlawful for any other person (A) to use such form for the purpose of obtaining controlled substances or (B) to furnish such form to any person with intent thereby to procure the distribution of such substances. (2) The Commissioner may charge reasonable fees for the issuance of such forms in such amounts as he may prescribe for the purpose of covering the cost to the Government of the Virgin Islands of issuing such forms, and other necessary activities in connection therewith. (e) It shall be unlawful for any person to obtain by means of order forms issued under this section controlled substances for any purpose other than their use, distribution, dispensing, or administration in the conduct of a lawful business in such substance or in the course of his professional practice or research. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 48.

(a) Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance in schedule II, which is a prescription drug as determined under the Federal Food, Drug, and Cosmetic Act, may be dispensed without the written prescription of a practitioner, except that in emergency situations, as prescribed by the Commissioner by regulation, such drug may be dispensed upon oral prescription in accordance with section 503(b) of that Act. Prescriptions shall be retained in conformity with the requirements of section 601 of this chapter. No prescription for a controlled substance in schedule II may be refilled. (b) Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance in schedule III or IV, which is a prescription drug as determined under the Federal Food, Drug and Cosmetic Act, may be dispensed without a written or oral prescription in conformity with section 503(d) of that Act. Such prescriptions may not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription unless renewed by the practitioner. (c) No controlled substance in schedule V which is a drug may be distributed or dispensed other than for medical purposes. (d) Whenever it appears to the Commissioner that a drug not considered to be a prescription drug under the Federal Food, Drug, and Cosmetic Act should be considered because of its abuse potential, he shall so advise the Secretary and furnish to him all available data relevant thereto. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 49.

(a) Except as authorized by this chapter, it shall be unlawful for any person knowingly or intentionally- (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. (b) Except as otherwise provided in section 608, any person who violates subsection (a) of this section shall be sentenced as follows: (1) (A) In the case of a controlled substance in schedule I or II which is a narcotic drug, such person shall be sentenced to a term of imprisonment of not more than 15 years, a fine of not more than $25,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this chapter or other law of the Virgin Islands relating to narcotic drugs, marijuana, synthetic marijuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 30 years, a fine of not more than $50,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 6 years in addition to such term of imprisonment. (B) In the case of a controlled substance in schedule I or II which is not a narcotic drug or in the case of any controlled substance in schedule III, such person shall be sentenced to a term of imprisonment of not more than 5 years, a fine of not more than $15,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this chapter or other law of the Virgin Islands relating to narcotic drugs, marijuana, synthetic marijuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine of not more than $30,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 4 years in addition to such term of imprisonment. (2) In the case of a controlled substance in schedule IV, such person shall be sentenced to a term of imprisonment of not more than 3 years, a fine of not more than $10,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this chapter or other law of the Virgin Islands relating to narcotic drugs, marijuana, synthetic marijuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 6 years, a fine of not more than $20,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least one year in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 2 years in addition to such term of imprisonment. (3) In the case of a controlled substance in schedule V, such person shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $5,000, or both. If any person commits such a violation after one or more convictions of him for an offense punishable under this paragraph, or for a crime under any other provision of this chapter or other law of the Virgin Islands relating to narcotic drugs, marijuana, synthetic marijuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 2 years, a fine of not more than $10,000, or both. (4) Notwithstanding paragraph (1)(B)paragraph (1)(B)ny person who violates subsection (a) of this section by distributing a small amount of marijuana, synthetic marijuana, for no remuneration shall be treated as provided in subsections (a) and (b) of section 607 of this chapter. (5) (A) A person eighteen (18) years of age or older who is convicted in any Court of this Territory of a violation of subsection (a) of this section shall, if the conviction was for distribution, dispensing, or possession with intent to distribute or intent to dispense a controlled substance, and, the act which is the factual predicate for such conviction occurred within one thousand (1000) feet of the real property boundary on which real property is located a public, private or parochial school or college or university, or public park, public playground or public beach, shall, in addition to any other sentences and penalties set forth in this subsection be sentenced to an additional minimum sentence of at least two years total confinement, notwithstanding any other provision of this title or other statute to the contrary. (B) Proof at sentencing. The provisions of this subsection shall not be an element of the crime. Notice of the applicability of this subsection to the defendant shall not be required prior to conviction, but reasonable notice of the intent of the prosecuting authority to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The court shall consider the evidence presented at trial, shall afford the prosecuting authority and the defendant an opportunity to present any necessary additional evidence and shall determine, by a preponderance of the evidence, if this subsection is applicable. (C) Limitation. Upon application by the prosecuting authority, there shall be no authority for a court to impose on a defendant, to which this subsection applies, a lesser sentence than as provided in paragraph (paragraph (5)(A)ction or to place the defendant on probation or to suspend sentence. Nothing in this subsection shall prevent the sentencing court from imposing a sentence greater than that provided in this subsection. (D) Appeal by the Government of the Virgin Islands or other prosecuting authority. If a sentencing court refuses to apply this subsection where applicable, the Government of the Virgin Islands or other prosecuting authority, as the case may be, shall have the right of appellate review of the action of the sentencing court. The appellate court shall vacate sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this subsection if such appellate court shall find that the sentence imposed was in violation of this subsection. (E) Savings clause. If any provision of this chapter or the application of it to any person or circumstance is held to be invalid, the invalidation of it shall not affect any other provision or applications of it, and to this end, the provisions of the chapter are declared to be severable. (6) In the case of designer drugs any person who, on any single occasion, knowingly sells, manufactures, delivers or brings into this territory with intent to deliver a designer drug, or any mixture containing any such substance, as described in § 593(11) of this title, is guilty of a class B felony, which felony shall be known as "trafficking in designer drugs". The person shall be sentenced to mandatory minimum term of imprisonment of five (5) years and to pay a fine of not less than ten thousand dollars ($10,000). (c) A special parole term imposed under this section or section 608 may be revoked if its terms and conditions are violated. In such circumstances the original term of imprisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. A special parole term provided for in this section or section 608 shall be in addition to, and not in lieu of, any other parole provided for by law. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 50; amended Nov. 9, 1990, No. 5649, § 3, Sess. L. 1990, p. 436; Mar. 5, 2005, No. 6730, § 31, Sess. L. 2005, p. 108; amended May 3, 2013, No. 7472, § 2(d), Sess. L. 2013, p. 2.

(a) It shall be unlawful for any person- (1) who is subject to the requirements to distribute or dispense a controlled substance in violation of section 603; (2) who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person or to manufacture a controlled substance not authorized by his registration; (3) who is a registrant to distribute a controlled substance in violation of section 600 of this chapter; (4) to remove, alter, or obliterate a symbol or label required by section 600 of this chapter; (5) to refuse or fail to make, keep, or furnish any record, report, notification, declaration, order or order form, statement, invoice, or information required under this chapter; (6) to refuse any entry into any premises or inspection authorized by this chapter; (7) to remove, break, injure, or deface a seal placed upon controlled substances pursuant to law or to remove or dispose of substances so placed under seal; or (8) to use, to his own advantage, or to reveal, other than to duly authorized officers or employees of the Government of the Virgin Islands, or to the courts when relevant in any judicial proceeding under this chapter, any information acquired in the course of an inspection authorized by this chapter concerning any method or process which as a trade secret is entitled to protection. (b) It shall be unlawful for any person who is a registrant to manufacture a controlled substance in schedule I or II which is not expressly authorized by his registration. (c) (1) Except as provided in paragraph (2), any perparagraph (2)tes this section shall, with respect to any such violation, be subject to a civil penalty of not more than $25,000. (2) (A) If a violation of this section is prosecuted by an information which alleges that the violation was committed knowingly and the trier of fact specifically finds that the violation was so committed, such person shall, except as otherwise provided in subparagraph (B) of this paragraph, be sentenced to imprisonment of not more than one year or a fine of not more than $25,000, or both. (B) If a violation referred to in subparagraph (A) was committed after one or more prior convictions of the offender for an offense punishable under this paragraph (paragraph (2)crime under any other provision of this chapter or other law of the Virgin Islands relating to narcotic drugs, marijuana, synthetic marijuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 2 years, a fine of $50,000, or both. (3) Except under the conditions specified in paragraph (2) of this section, a violation of this section does not constitute a crime, and a judgment for the Government of the Virgin Islands and imposition of a civil penalty pursuant to paragraph (1) shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 52; amended May 3, 2013, No. 7472, § 2(e), Sess. L. 2013, p. 2.

(a) It shall be unlawful for any person knowingly or intentionally- (1) who is a registrant to distribute a controlled substance classified in schedule I or II, in the course of his legitimate business, except pursuant to an order or an order form as required by section 602 of this chapter; (2) to use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person; (3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge; (4) to furnish false or fraudulent material information in, or omit any material information from, any application, report, record, or other document required to be made, kept, or filed under this chapter; or (5) to make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit substance. (b) It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under any provision of this chapter. Each separate use of a communication facility shall be a separate offense under this subsection. For purposes of this subsection, the term "communication facility" means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, and all other means of communication. (c) Any person who violates this section shall be sentenced to a term of imprisonment of not more than 4 years, a fine of not more than $30,000, or both; except that if any person commits such a violation after one or more of his prior convictions for violation of this section, or for a felony under any other provision of this chapter or other law of the Virgin Islands relating to narcotic drugs, marijuana, synthetic marijuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 8 years, a fine of not more than $60,000, or both. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 54; amended May 3, 2013, No. 7472, § 2(f), Sess. L. 2013, p. 2.

Expunging of Records For First Offense (a) Except as provided in sections 607a, it shall be unlawful for any person knowingly or intentionally to possess a controlled substance or designer drugs unless such substance or designer drugs was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this chapter. Any person who violates this subsection shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $5,000, or both, except that if he commits such offense after a prior conviction or convictions under this subsection, have become final, he shall be sentenced to a term of imprisonment of not more than 2 years, a fine of not more than $10,000, or both. (b) (1) If any person who has not previously been convicted of violating subsection (a) of this section, any other provision of this chapter, or any other law of the Virgin Islands relating to narcotic drugs, marijuana, synthetic marijuana, or depressant or stimulant substances, or designer drugs is found guilty of a violation of subsection (a) of this section after trial or upon a plea of guilty, the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against such person and discharge him from probation before the expiration of the maximum period prescribed for such person's probation. If during the period of his probation such person does not violate any of the conditions of the probation, then upon expiration of such period the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this subsection shall be without court adjudication of guilt, but a nonpublic record thereof shall be retained by the Department of Justice solely for the purpose of use by the courts in determining whether or not, in subsequent proceedings, such person qualifies under this subsection. Such discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime (including the penalties prescribed under this part for second or subsequent convictions) or for any other purpose. Discharge and dismissal under this section may occur only once with respect to any person. (2) Upon the dismissal of such person and discharge of the proceedings against him under paragraph (1) of this subsection, such person, if he was not over twenty-one years of age at the time of the offense, may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained by the Department of Justice under paragraph (1)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after hearing, that such person was dismissed and the proceedings against him discharged and that he was not over twenty-one years of age at the time of the offense, it shall enter such order. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or indictment or information. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose. (c) A defendant sentenced pursuant to subsection (b)(1) of this section shall pay an administrative fee for probationary services in the amount of $200.00. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 55; amended Sept. 28, 2001, No. 6463, § 27(c), Sess. L. 2001, p. 275; Mar. 5, 2005, No. 6730, § 32, Sess. L. 2005, p. 108; amended May 3, 2013, No. 7472, § 2(g), Sess. L. 2013, p. 2; amended Dec. 19, 2014, No. 7700, § 2(a), Sess. L. 2014, p. 367.

(a) Definitions. For purposes of this chapter, the term- (1) "Marijuana" has the same meaning as provided in title 19 Virgin Islands Code section 593. (2) "Manufacture" has the same meaning as provided in section 593(18) of this title. (b) Simple possession of marijuana. Notwithstanding the provisions of title 14 of the Virgin Islands Code: (1) Any person who possesses one ounce or less of marijuana commits a civil infraction that is a civil offense punishable by a fine of $100, payable no later than 90 days after assessment, and may be subject to forfeiture of the contraband. (2) Any person who openly and publicly displays, consumes, or uses one ounce or less of marijuana commits a civil offense punishable by a tine of not more than $200, payable no later than 90 days after assessment, and is subject to forfeiture of the contraband. (3) Any person under the age of eighteen at the time of the offense, who possesses one ounce or less of marijuana commits an infraction that is a civil offense punishable by a fine of $100, payable no later than 90 days after assessment, and is subject to forfeiture of the contraband. The parents or guardians of any such offender must be notified, and the offender must be required to complete an approved drug awareness program within one year of the offense. Any such offender, who fails to complete an approved drug awareness program within one year of the offense, must be referred to the Family Division of the Superior Court of the Virgin Islands for delinquency proceedings. (4) Any person assessed a civil fine under this subsection who fails to pay the fine within 90 days after its assessment shall pay double the amount assessed. (c) All civil penalties established in this section may be assessed by the appropriate court. (d) As used in this section, possession of one ounce or less of marijuana does not include the weight of other ingredients in marijuana prepared for consumption as food or drink. Possession of paraphernalia for ingestion, use, inhalation, preparation or storage at the time of the commission of the civil infraction of possession of one ounce or less of marijuana is not a violation of section 630 of this subtitle. (e) Neither the Government of the Virgin Islands, nor any of its agencies, authorities or instrumentalities may impose any form of penalty, sanction, restriction, or disqualification on a person for possessing one ounce or less of marijuana or paraphernalia for marijuana use, nor may any penalties or obligations exceeding those prescribed in subsections (a) and (b) of this section be imposed by the Government of the Virgin Islands or any of its agencies, authorities or instrumentalities solely for having cannabinoids, or cannabinoid metabolites in the urine, blood, sweat, hair, fingernails, toenails, or other tissue or fluid of the human body. However, nothing contained in this subsection may be construed to repeal or modify existing laws, regulations, bylaws, personnel practices, or policies concerning the operation of motor vehicles or other actions taken while under the influence of marijuana. (f) Information concerning the offense of possession of one ounce of less of marijuana must not be recorded in any database of criminal offenders. (g) Possession of one ounce or less of marijuana is not a violation of parole or probation. (h) Any person who fails to pay the fines imposed for a civil infraction by 180th day after the civil infraction pursuant to this section commits a misdemeanor and is subject to the imposition of additional fines not to exceed $500, imprisonment not to exceed 3 months, or both fine and imprisonment. (i) Notwithstanding any other provision of this chapter, possession of cannabis or a commercial cannabis product, or operation of a commercial cannabis establishment, or any other act pursuant to and compliant with the terms of chapter 34, of title 19 of the Virgin Islands Code is not a violation of this chapter. History: Added Dec. 19, 2014, No. 7700, § 2(b), Sess. L. 2014, p. 367-369; amended Jan. 18, 2023, No. 8680, § 6, Sess. L. 2022, p. 367.

(a) Any person who violates section 604(a)(1) of this chapter by distributing a controlled substance to a person under eighteen years of age is (except as provided in subsection (b) of this section) punishable by (1) a term of imprisonment and a fine equal to twice that authorized by section 604(b), and (2) equal to twice any special parole term authorized by section 604(b), for a first offense involving the same controlled substance and schedule. (b) Any person at least eighteen years of age who violates section 604(a)(1) by distributing a controlled substance to a person under eighteen years of age after a prior conviction or convictions under subsection (a) of this section have become final, is punishable by (1) a term of imprisonment and a fine equal to three times that authorized by section 604(b), and (2) equal to three times any special parole term authorized by section 604(b), for a second or subsequent offense involving the same controlled substance and schedule. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 56; amended Mar. 15, 1984, No. 4906, § 1, Sess. L. 1984, p. 72.

(a) Notwithstanding the provisions of section 604 of this title, any person, being at least 18 years of age, who knowingly uses, solicits, directs, hires, or employs a person 17 years of age or younger to violate any section of chapter 29 of this title, and is found to have violated this section is guilty of a crime and shall be sentenced to an additional term not to exceed 15 years which shall include the imposition of a minimum term which shall be fixed at one-third of the sentence imposed, during which the defendant shall be ineligible for parole. The court may also impose a fine not to exceed $300,000 or five times the street value of the controlled substance or controlled substance analog involved, whichever is greater. (b) It shall be no defense to a prosecution under this section that the person mistakenly believed that the person who was used, solicited, directed, hired, or employed was 18 years or older, even if such mistaken belief was reasonable. (c) Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of any other offense defined in this chapter or any provision of law governing one person's liability for the conduct of another, and a conviction arising under this section shall not merge with a conviction for a violation of the provisions of this chapter. History: Added Nov. 9, 1990, No. 5649, § 4, Sess. L. 1990, p. 437.

Facilities In addition to any other provision of law, any person who knowingly maintains or operates any premises, place, or facility used for the manufacture of methamphetamine, lysergic acid diethylamide, phencyclidine or any substance classified as a narcotic drug in Schedule I or II, or the analog of any such substance, or any person who knowingly aids, promotes, finances or otherwise participates in the maintenance or operation of such premises, place or facility, shall be guilty of a crime and shall be sentenced to a term of imprisonment of not less than 10 nor more than 20 years, which shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. The Court shall also impose a fine not to exceed $500,000 or five times the street value of all controlled dangerous substances or controlled substance analogs at any time manufactured or stored at such premises, place, or facility, whichever is greater. History: Added Nov. 9, 1990, No. 5649, § 5, Sess. L. 1990, p. 438.

Any person who attempts or conspires to commit any offense defined in this chapter is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 57.

Any penalty imposed for violation of this chapter shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 57.

(a) (1) Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 10 years and which may be up to life imprisonment, to a fine of not more than $100,000, and to the forfeiture prescribed in paragraph (paragraph (2)ept that if any person engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine of not more than $200,000, and to the forfeiture prescribed in paragraph (2). (2) Any person who is convicted under paragraph (1) of engaging in a continuing criminal enterprise shall forfeit to the Government of the Virgin Islands- (A) the profits obtained by him in such enterprise, and (B) any of his interest in, claim against, or property or contractual rights of any kind affording a source of influence over, such enterprise. (b) For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if- (1) he violates any provision of this chapter the punishment for which is a felony, and (2) such violation is a part of a continuing series of violations of this chapter- (A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and (B) from which such person obtains substantial income or resources. (c) In the case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, and probation shall not be granted. (d) The District Court of the Virgin Islands shall have jurisdiction to enter such restraining orders or prohibitions, or to take such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to forfeiture under this section, as they shall deem proper. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 57.

(a) Whenever the Attorney General or United States Attorney in the prosecution of a defendant in a court of the Virgin Islands for an alleged felonious violation of any provision of this chapter committed when the defendant was over the age of twenty-one years has reasons to believe that the defendant is a dangerous special drug offender the Attorney General, a reasonable time before trial or acceptance by the court of a plea of guilty or nolo contendere, may sign and file with the court, and may amend, a notice (1) specifying that the defendant is a dangerous special drug offender who upon conviction for such felonious violation is subject to the imposition of a sentence under subsection (b) of this section, and (2) setting out with particularity the reasons why such attorney believes the defendant to be a dangerous special drug offender. In no case shall the fact that the defendant is alleged to be a dangerous special drug offender be an issue upon the trial of such felonious violation, be disclosed to the jury, or be disclosed before any plea of guilty or nolo contendere or verdict or finding of guilty to the presiding judge without the consent of the parties. If the court finds that the filing of the notice as a public record may prejudice fair consideration of a pending criminal matter, it may order the notice sealed and the notice shall not be subject to subpoena or public inspection during the pendency of such criminal matter, except on order of the court, but shall be subject to inspection by the defendant alleged to be a dangerous special drug offender and his counsel. (b) Upon any plea of guilty or nolo contendere or verdict or finding of guilty of the defendant of such felonious violation, a hearing shall be held, before sentence is imposed, by the court sitting without a jury. The court shall fix a time for the hearing, and notice thereof shall be given to the defendant and the Government of the Virgin Islands at least ten days prior thereto. The court shall permit the Government of the Virgin Islands and counsel for the defendant, or the defendant if he is not represented by counsel, to inspect the presentence report sufficiently prior to the hearing as to afford a reasonable opportunity for verification. In extraordinary cases, the court may withhold material not relevant to a proper sentence, diagnostic opinion which might seriously disrupt a program of rehabilitation, any source of information obtained on a promise of confidentiality, and material previously disclosed in open court. A court withholding all or part of presentence report shall inform the parties of its action and place in the record the reasons therefor. The court may require parties inspecting all or part of a presentence report to give notice of any part thereof intended to be controverted. In connection with the hearing, the defendant and the Government of the Virgin Islands shall be entitled to assistance of counsel, compulsory process, and cross-examination of such witnesses as appear at the hearing. A duly authenticated copy of a former judgment or commitment shall be prima facie evidence of such former judgment or commitment. If it appears by a preponderance of the information, including information submitted during the trial of such felonious violation and the sentencing hearing and so much of the presentence report as the court relies upon, that the defendant is a dangerous special drug offender, the court shall sentence the defendant to imprisonment for an appropriate term not to exceed twenty-five years. Otherwise it shall sentence the defendant in accordance with the law prescribing penalties for such felonious violation. The court shall place in the record its findings, including an identification of the information relied upon in making such findings, and its reasons for the sentence imposed. (c) This section shall not prevent the imposition and execution of a sentence of imprisonment for life or for a term exceeding twenty-five years upon any person convicted of an offense so punishable. (d) Notwithstanding any other provision of this section, the court shall not sentence a dangerous special drug offender to less than any mandatory minimum penalty prescribed by law for such felonious violation. This section shall not be construed as creating any mandatory minimum penalty otherwise prescribed. (e) A defendant is a special drug offender for purposes of this section if- (1) the defendant has previously been convicted in courts of the United States, the Virgin Islands or a state or any political subdivision thereof for two or more offenses involving dealing in controlled substances committed on occasions different from one another and different from such felonious violation, and punishable in such courts by death or imprisonment in excess of one year, for one or more of such convictions the defendant has been imprisoned prior to the commission of such felonious violation, and less than five years have elapsed between the commission of such felonious violation and either the defendant's release, or parole or otherwise, from imprisonment for one such conviction or his commission of the last such previous offense or another offense involving dealing in controlled substances and punishable by death or imprisonment in excess of one year under applicable laws of the United States, the Virgin Islands or a state or any political subdivision thereof; or (2) the defendant committed such felonious violation as part of a pattern of dealing in controlled substances which was criminal under applicable laws of any jurisdiction, which constituted a substantial source of his income, and in which he manifested special skill or expertise; or (3) such felonious violation was, or the defendant committed such felonious violation in furtherance of, a conspiracy with three or more other persons to engage in a pattern of dealing in controlled substances which was criminal under applicable laws of any jurisdiction, and the defendant did, or agreed that he would, initiate, organize, plan, finance, direct, manage, or supervise all or part of such conspiracy or dealing, or give or receive a bribe or use force in connection with such dealing. A conviction shown on direct or collateral review or at the hearing to be invalid or for which the defendant has been pardoned on the ground of innocence shall be disregarded for purposes of paragraph (1) of this subsection. In support of findings under paragraph (2) of this subsection, it may be shown that the defendant has had in his own name or under his control income or property not explained as derived from a source other than such dealing. For purposes of paragraph (2) of this subsection, a substantial source of income means a source of income which for any period of one year or more exceeds the minimum wage, determined on the basis of a forty-hour week and fifty-week year, without reference to exceptions, under section 6(a) (1) of the Federal Fair Labor Standards Act of 1938 for an employee engaged in commerce or in the production of goods for commerce, and which for the same period exceeds fifty percent of the defendant's declared adjusted gross income under section 62 of the Internal Revenue Code of 1986. For purposes of paragraph (2) of this subsection, special skill or expertise in such dealing includes unusual knowledge, judgment or ability, including manual dexterity, facilitating the initiation, organizing, planning, financing, direction, management, supervision, execution or concealment of such dealing, the enlistment of accomplices in such dealing, the escape from detection or apprehension for such dealing, or the disposition of the fruits or proceeds of such dealing. For purposes of paragraphs (2) and (3) of this subsection, such dealing forms a pattern if it embraces criminal acts that have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events. (f) A defendant is dangerous for purposes of this section if a period of confinement longer than that provided for such felonious violation is required for the protection of the public from further criminal conduct by the defendant. (g) The time for taking an appeal from a conviction for which sentence is imposed after proceedings under this section shall be measured from imposition of the original sentence. (h) With respect to the imposition, correction, or reduction of a sentence after proceedings under this section, a review of the sentence on the record of the sentencing court may be taken by the defendant or the Government of the Virgin Islands to a court of appeals. Any review of the sentence taken by the Government of the Virgin Islands shall be taken at least five days before expiration of the time for taking a review of the sentence or appeal of the conviction by the defendant and shall be diligently prosecuted. The sentencing court may, with or without motion and notice, extend the time for taking a review of the sentence for a period not to exceed thirty days from the expiration of the time otherwise prescribed by law. The court shall not extend the time for taking a review of the sentence by the Government of the Virgin Islands after the time has expired. A court extending the time for taking a review of the sentence by the Government of the Virgin Islands shall extend the time for taking a review of the sentence or appeal of the conviction by the defendant for the same period. The taking of a review of the sentence by the Government of the Virgin Islands shall be deemed the taking of a review of the sentence and an appeal of the conviction by the defendant. Review of the sentence shall include review of whether the procedure employed was lawful, the findings made were clearly erroneous, or the sentencing court's discretion was abused. The court of appeals on review of the sentence may, after considering the record, including the entire presentence report, information submitted during the trial of such felonious violation and the sentencing hearing, and the findings and reasons of the sentencing court, affirm the sentence, impose or direct the imposition of any sentence which the sentencing court could originally have imposed, or remand for further sentencing proceedings and imposition of sentence, except that a sentence may be made more severe only on review of the sentence taken by the Government of the Virgin Islands and after hearing. Failure of the Government of the Virgin Islands to take a review of the imposition of the sentence shall, upon review by the Government of the Virgin Islands of the correction or reduction of the sentence, foreclose imposition of a sentence more severe than that previously imposed. Any withdrawal or dismissal of review of the sentence taken by the Government of the Virgin Islands shall foreclose imposition of a sentence more severe than that reviewed but shall not otherwise foreclose the review of the sentence or the appeal of the conviction. The court of appeals shall state in writing the reasons for its disposition of the review of the sentence. Any review of the sentence taken by the Government of the Virgin Islands may be dismissed on a showing of the abuse of the right of the Government of the Virgin Islands to take such review. (i) Notwithstanding any other provision of law, whenever any offender is sentenced for a violation of this section, and such sentence imposes a term of imprisonment, the sentence imposed shall not be suspended, nor shall probation, parole or any other form of release be granted for such term of sentence. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 58; amended Oct. 25, 1978, No. 4223, §§ 1, 2, Sess. L. 1978, p. 249.

(a) Notwithstanding any other provisions of law to the contrary, any person who manufactures, distributes, or dispenses methamphetamine, lysergic acid diethylamide, phencyclidine or any other controlled dangerous substance classified in section 595 of this title schedules I or II, or any controlled substance analog thereof, in violation of section 604 of this chapter, shall be liable for a death which results from the injection, inhalation, or ingestion of that substance, and is guilty of a crime punishable by life imprisonment without parole. (b) For purposes of this offense the defendant's act of manufacturing, distributing, or dispensing a substance is the cause of death when: (1) The injection, inhalation, or ingestion of the substance is an antecedent but for which the death would not have occurred; and (2) The death was not: (i) Too remote in its occurrence as to have a just bearing on the defendant's liability; or (ii) Too dependent upon conduct of another person which was unrelated to injection, inhalation, or ingestion of the substance or its effect as to have a just bearing on the defendant's liability. (c) It shall not be a defense to a prosecution under this section that the decedent contributed to his own death by his purposeful, knowing, reckless, or negligent injection, inhalation, or ingestion of the substance or its effect. (d) Nothing in this section shall be construed to preclude or limit any prosecution for homicide. Notwithstanding any other provision of law, a conviction arising under this section shall not merge with a conviction for the violation of any other section in this chapter. History: Added May 27, 1988, No. 5340, § 2, Sess. L. 1988, p. 137; amended Nov. 9, 1990, No. 5649, § 6, Sess. L. 1990, p. 438.

Except as otherwise provided in this chapter, no limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence under this title or Title III. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 62.

(a) (1) No person who stands convicted of an offense under this chapter shall be sentenced to increased punishment by reason of one or more prior convictions, unless before trial, or before entry of a plea of guilty, the Attorney General or the United States Attorney files an information with the court (and serves a copy of such information on the person or counsel for the person) stating in writing the previous convictions to be relied upon. Upon a showing by the United States Attorney or the Attorney General that facts regarding prior convictions could not with due diligence be obtained prior to trial or before entry of a plea of guilty, the court may postpone the trial or the taking of the plea of guilty for a reasonable period for the purpose of obtaining such facts. Clerical mistakes in the information may be amended at any time prior to the pronouncement of sentence. (2) An information may not be filed under this section if the increased punishment which may be imposed is imprisonment for a term in excess of three years unless the person either waived or was afforded prosecution by indictment for the offense for which such increased punishment may be imposed. (b) If the United States Attorney or the Attorney General files an information under this section, the court shall after conviction but before the pronouncement of sentence inquire of the person with respect to whom the information was filed whether he affirms or denies that he has been previously convicted as alleged in the information, and shall inform him that any challenge to a prior conviction which is not made before sentence is imposed may not thereafter be raised to attack the sentence. (c) (1) If the person denies any allegation of the information of prior conviction, or claims that any conviction alleged is invalid, he shall file a written response to the information. A copy of the response shall be served upon the United States Attorney or the Attorney General. The court shall hold a hearing to determine any issues raised by the response which would except the person from increased punishment. The failure of the United States Attorney or the Attorney General to include in the information the complete criminal record of the person or any facts in addition to the convictions to be relied upon shall not constitute grounds for invalidating the notice given in the information required by subsection (a)(1). The hearing shall be before the court without a jury and either party may introduce evidence. Except as otherwise provided in paragraph (paragraph (2)bsection, the United States Attorney or the Attorney General shall have the burden of proof beyond a reasonable doubt on any issue of fact. At the request of either party, the court shall enter findings of fact and conclusions of law. (2) A person claiming that a conviction alleged in the information was obtained in violation of the Constitution of the United States shall set forth his claim, and the factual basis therefor, with particularity in his response to the information. The person shall have the burden of proof by a preponderance of the evidence on any issue of fact raised by the response. Any challenge to a prior conviction, not raised by response to the information before an increased sentence is imposed in reliance thereon, shall be waived unless good cause be shown for failure to make a timely challenge. (d) (1) If the person files no response to the information, or if the court determines, after hearing, that the person is subject to increased punishment by reason of prior convictions, the court shall proceed to impose sentence upon him as provided by this part. (2) If the court determines that the person has not been convicted as alleged in the information, that a conviction alleged in the information is invalid, or that the person is otherwise not subject to an increased sentence as a matter of law, the court shall, at the request of the United States Attorney, or the Attorney General, postpone sentence to allow an appeal from that determination. If no such request is made, the court shall impose sentence as provided by this part. The person may appeal from an order postponing sentence as if sentence had been pronounced and a final judgment of conviction entered. (e) No person who stands convicted of an offense under this chapter may challenge the validity of any prior conviction alleged under this section which occurred more than five years before the date of the information alleging such prior conviction. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 63.

Sentences; Suspension Or Reduction (a) Notwithstanding any other provision of law: (1) Any person who knowingly sells, manufactures, delivers, or brings into this Territory, or who is knowingly in actual or constructive possession of, in excess of 50 pounds of marijuana or synthetic marijuana is guilty of a felony which shall be known as "trafficking in marijuana or synthetic marijuana". If the quantity of marijuana or synthetic marijuana involved: (A) is in excess of 50 pounds, but less than 200 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $25,000; (B) is 200 pounds or more, but less than 1,000 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $50,000; (C) is 1,000 pounds or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $200,000. (2) Any person who knowingly sells, manufactures, delivers, or brings into this Territory, or who is knowingly in actual or constructive possession of, in excess of one pound of hashish or hashish oil is guilty of a felony which shall be known as "trafficking in hashish". If the quantity of hashish involved: (A) is in excess of one pound but less than 10 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $25,000; (B) is 10 pounds or more, but less than 100 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $50,000; (C) is 100 pounds or more, such a person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $200,000. (3) Any person who knowingly sells, manufactures, delivers, or brings into this Territory, or who is knowingly in actual or constructive possession of 6 grams or more of cocaine or of any mixture containing cocaine, as described in Schedule II(a)(4) of section 595(b) of this chapter, is guilty of a felony which shall be known as "trafficking in cocaine". If the quantity involved: (A) is 6 grams or more, but less than 26 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $50,000; (B) is 26 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $100,000; (C) is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $250,000. (4) Any person who knowingly sells, manufactures, delivers, or brings into this Territory, or who is knowingly in actual or constructive possession of 100 units or more of a controlled substance which is either a stimulant, depressant or hallucinogenic drug is guilty of a felony which shall be known as "trafficking in dangerous drugs". For the purposes of this paragraph "unit" means that quantity of the controlled substance in question which is generally utilized in a single human dosage, as determined by the Commissioner of Health, whether packaged in dosage form or not. If the quantity involved: (A) is 100 units or more, but less than 500 units, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $50,000; (B) is 500 units or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $100,000; (C) is 2,000 units or more, such person shall be sentenced to a mandatory term of imprisonment of 15 calendar years and to pay a fine of $250,000. (5) Any person who knowingly sells, manufactures, delivers, or brings into this Territory, or who is knowingly in actual or constructive possession of, 2 grams or more of any morphine, opium, or any salt, isomer, or salt of any isomer thereof, including heroin, as described in Schedule I(b) or section 595(b) of this chapter, or 2 grams or more of any mixture containing any such substance, is guilty of a felony which shall be known as "trafficking in morphine" or "trafficking in opium" as the case may be. If the quantity involved: (A) is 2 grams or more, but less than 6 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $50,000; (B) is 6 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of $100,000; (C) is 14 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of $500,000. (b) Notwithstanding any other provisions of law with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section. (c) The prosecuting attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, co-conspirators, or principals. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if he finds that the defendant rendered such substantial assistance. History: Added Sept. 4, 1981, No. 4615, Sess. L. 1981, p. 121; amended May 3, 2013, No. 7472, § 2(h), Sess. L. 2013, p. 2.

Under 18 Any person who knowingly distributes an imitation controlled substance, as defined in section 593 of this chapter, to a person under 18 years of age or to a person who has been adjudged mentally incompetent is guilty of a misdemeanor and shall, if convicted, be subject to imprisonment for not more than one year in jail or a fine of not more than two thousand dollars ($2,000), or both. Upon a second or subsequent conviction of this offense, the person shall be subject to imprisonment for not more than one year in jail and a fine of not less than five thousand dollars ($5,000). History: Added Aug. 9, 1994, No. 6004, § 1, Sess. L. 1994, p. 137.

(a) The Commissioner is authorized to carry out educational and research programs directly related to enforcement of the laws under his jurisdiction concerning drugs or other substances which are or may be subject to control under this chapter. Such programs may include- (1) educational and training programs on drug abuse and controlled personnel, substances law enforcement for Virgin Islands government personnel; (2) studies or special projects designed to compare the deterrent effects of various enforcement strategies on drug use and abuse; (3) studies or special projects designed to evaluate the nature and sources of the supply of illegal drugs throughout the Virgin Islands; (4) studies or special projects to develop more effective methods to prevent diversion of controlled substances into illegal channels; and (5) studies or special projects to develop information necessary to carry out his functions under this chapter. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 64.

(a) The Attorney General shall cooperate with Virgin Islands, State, and Federal agencies concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, he is authorized to- (1) arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances; (2) cooperate in the institution and prosecution of cases in the courts of the Virgin Islands and before the licensing boards of the Virgin Islands; (3) coordinate and cooperate in training programs on controlled substance law enforcement in the Virgin Islands; (4) cooperate with the Federal Drug Enforcement Administration by establishing a centralized unit which will accept, catalogue, file and collect statistics, including records of dangerous substance law offenders within the Virgin Islands, and make such information available for Federal and Virgin Islands law enforcement purposes; (5) conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted. (b) When requested by the Commissioner, it shall be the duty of any agency or instrumentality of the Government of the Virgin Islands to furnish assistance, including technical advice, to him for carrying out his functions under this chapter; except that no such agency or instrumentality shall be required to furnish the name of, or other identifying information about, a patient or research subject whose identity it has undertaken to keep confidential. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 65.

(a) In carrying out his functions under this chapter, the Commissioner may hold hearings, sign and issue subpoenas, administer oaths, examine witnesses, and receive evidence at any place in the Virgin Islands. (b) Except as otherwise provided in this chapter, notice shall be given and hearings shall be conducted under appropriate procedures prescribed by the Commissioner. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 66.

(a) In any investigation relating to his functions under this chapter with respect to controlled substances, the Commissioner may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Commissioner finds relevant or material to the investigation. (b) A subpoena issued under this section may be served by any person designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service. (c) In the case of contumacy by or refusal to obey a subpoena issued to any person, the Commissioner may invoke the aid of the District Court. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 66.

All final determinations, findings, and conclusions of the Commissioner under this chapter shall be final and conclusive decisions of the matters involved, except that any person aggrieved by a final decision of the Commissioner may obtain review of the decision in the District Court upon petition filed with the court and delivered to the Commissioner within thirty days after notice of the decision. Findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 66.

Any officer or employee of the U.S. Virgin Islands Police Department (V.I.P.D.) or Departments of Justice or Health designated by the Attorney General may- (1) carry firearms; (2) execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of the Government of the Virgin Islands; (3) make arrests without warrant (A) for any offense against the Government of the Virgin Islands committed in his presence, or (B) for any felony, cognizable under the laws of the Virgin Islands, if he has probable cause to believe that the person to be arrested has committed or is committing a felony; (4) make seizures of property pursuant to the provisions of this chapter; and (5) perform such other law enforcement duties as the Attorney General may designate. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 67; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time. (b) Any officer authorized to execute a search warrant relating to offenses involving controlled substances the penalty for which is imprisonment for more than one year may, without notice of his authority and purpose, break open an outer or inner door or window of a building, or any part of the building, or anything therein, if the judge issuing the warrant (1) is satisfied that there is probable cause to believe that (A) the property sought may and, if such notice is given, will be easily and quickly destroyed or disposed of, or (B) the giving of such notice will immediately endanger the life or safety of the executing officer or another person, and (2) has included in the warrant a direction that the officer executing it shall not be required to give such notice. Any officer acting under such warrant shall, as soon as practicable after entering the premises, identify himself and give the reasons and authority for his entrance upon the premises. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 67.

(a) As used in this section, the term "controlled premises" means- (1) places where original and other records or documents required under this title are kept or required to be kept, and (2) places, including factories, warehouses, or other establishments, and conveyances, where persons registered under section 598 (or exempted from registration under section 597(d)) may lawfully hold, manufacture, or distribute, dispense, administer or otherwise dispose of controlled substances. (b) (1) For the purpose of inspecting, copying, and verifying the correctness of records, reports, or other documents required to be kept or made under this title and otherwise facilitating the carrying out of his functions under this chapter, the Commissioner is authorized, in accordance with this section, to enter controlled premises and to conduct administrative inspections thereof, and of the things specified in this section, relevant to those functions. (2) Such entries and inspections shall be carried out through officers or employees (hereinafter referred to as "inspectors") designated by the Commissioner. Any such inspector, upon stating his purpose and presenting to the owner, operator, or agent in charge of such premises (A) appropriate credential and (B) a written notice of his inspection authority (which notice in the case of an inspection requiring, or in fact supported by, an administrative inspection warrant shall consist of such warrant), shall have the right to enter such premises and conduct such inspection at reasonable times. (3) Except as may otherwise be indicated by an applicable inspection warrant, the inspector shall have the right- (A) to inspect and copy records, reports, and other documents required to be kept or made under this chapter; (B) to inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished drugs and other substances or materials, containers, and labeling found therein, and, except as provided in paragraph (paragraph (5)bsection, all other things therein (including records, files, papers, processes, controls, and facilities) appropriate for verification of the records, reports, and documents referred to in clause (A) clause (A)therwise bearing on the provisions of this chapter; and (C) to inventory any stock of any controlled substance therein and obtain samples of any such substance. (4) Except when the owner, operator, or agent in charge of the controlled premises so consents in writing, no inspection authorized by this section shall extend to- (A) financial data; (B) sales data other than shipment; or (C) pricing data. (c) A warrant under this section shall not be required for the inspection of books and records pursuant to an administrative subpoena issued in accordance with section 618, nor for entries and administrative inspections (including seizures of property)- (1) with the consent of the owner, operator, or agent in charge of the controlled premises; (2) in situations presenting imminent danger to health or safety; (3) in situations involving inspection of conveyances where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant; (4) in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or (5) in any other situations where a warrant is not constitutionally required. (d) Issuance and execution of administrative inspection warrants shall be as follows: (1) Any judge of the United States or of a Virgin Islands court of record, may, within his territorial jurisdiction, and upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by this title or regulations thereunder, and seizures of property appropriate to such inspections. For the purposes of this section, the term "probable cause" means a valid public interest in the effective enforcement of this chapter or regulations thereunder sufficient to justify administrative inspections of the area, premises, building, or conveyance, or contents thereof, in the circumstances specified in the application for the warrant. (2) A warrant shall issue only upon an affidavit of an officer or employee having knowledge of the facts alleged, sworn to before the judge and establishing the grounds for issuing the warrant. If the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected, if any. The warrant shall identify the items or types of property to be seized, if any. The warrant shall be directed to a person authorized under subsection (b)(2) to execute it. The warrant shall state the grounds for its issuance and the name of the person or persons whose affidavit has been taken in support thereof. It shall command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified, and, where appropriate, shall direct the seizure of the property specified. The warrant shall direct that it be served during normal business hours. It shall designate the judge to whom it shall be returned. (3) A warrant issued pursuant to this section must be executed and returned within ten days of its date unless, upon a showing by the Government of the Virgin Islands of a need therefor, the judge allows additional time in the warrant. If property is seized pursuant to a warrant, the person executing the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the person making such inventory, and shall be verified by the person executing the warrant. The judge, upon request, shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant. (4) The judge who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall file them with the clerk of the District Court of the Virgin Islands for the judicial district in which the inspection was made. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 68.

(a) The following shall be subject to forfeiture to the Government of the Virgin Islands and no property right shall exist in them: (1) All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this chapter. (2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter. (3) All property which is used, or intended for use, as a container for property described in paragraph (1) or (2). (4) All conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportations, sale, receipt, possession, or concealment of property described in paragraph (1) or (2), paragraph (1)that: (A) no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this section unless it shall appear that the owner or other person in charge of such conveyance was a consenting party or privy to a violation of this chapter; and (B) no conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent or by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of the Virgin Islands. (5) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter. (6) All moneys, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of this chapter, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this chapter, except that no property shall be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. (b) Any property subject to forfeiture to the Government of the Virgin Islands under this chapter may be seized by the Attorney General under process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by any District Court of the Virgin Islands having jurisdiction over the property, except that seizure without such process may be made when- (1) the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; (2) the property subject to seizure has been the subject of a prior judgment in favor of the Government of the Virgin Islands in a criminal injunction or forfeiture proceeding under this chapter; (3) the Attorney General has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or (4) the Attorney General has probable cause to believe that the property has been used or is intended to be used in violation of this chapter. In the event of seizure pursuant to paragraph (3) or (4) of this subsection, proceedings under subsection (d) of this section shall be instituted promptly. (c) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General, subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under the provisions of this chapter, the Attorney General may- (1) place the property under seal; (2) remove the property to a place designated by him; or (3) require that the Department of Property and Procurement take custody of the property and remove it to an appropriate location for disposition in accordance with law. (d) All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the United States customs laws; the disposition of such property or the proceeds from the sale thereof; the remission of mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as applicable and not inconsistent with the provisions hereof or other laws of the Virgin Islands; except that such duties as are imposed upon the United States customs officers or any other persons with respect to the seizure and forfeiture of property under the United States Customs Laws shall be performed with respect to seizures and forfeitures of property under this chapter by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General. (e) Whenever property (except property described in paragraph (6) of subsection (a) hereof) is forfeited under this chapter the Attorney General shall- (1) deliver the property to either the Virgin Islands Police Department or the Virgin Islands Drug Enforcement Bureau for their official use depending on which agency was responsible for seizure of the property; (2) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, but the proceeds from any such sale shall be used to pay all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising and court costs; and any surplus shall be deposited into the "Police Crime Fighting and Equipment Fund" established in Title 33, section 3051a, Virgin Islands 3051a, Virgin Islands Codeds Drug Enforcement Bureau Forfeiture Fund", established in Title 33, section 3051b, Virgin Islands 3051b, Virgin Islands Codegency was responsible for seizure of the property. (3) require that the Department of Property and Procurement take custody of the property and remove it for disposition in accordance with law; or (4) forward it to the Federal Drug Enforcement Administration for disposition (including delivery for medical or scientific use to any Federal or State Agency). (f) All forfeited property described in paragraph (6) of subsection (a) of this section shall be deposited into the Police Crime Fighting and Equipment Fund established under Title 33, section 3051a, Virgin Islands Code. However, all monies and property forfeited under paragraph (6) subsection (a) of this section which are seized by the Virgin Islands Drug Enforcement Bureau shall be deposited into the Virgin Islands Drug Enforcement Bureau Forfeiture Fund as established under Title 33, section 3051b, of this code. Provided, further, of the monies and proceeds realized under this subsection, ten percent (10%) shall be used to provide a drug prevention and education program in the public schools as provided under Title 17, section 41, subsection (c) of this code. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 71; amended Oct. 30, 1984, No. 5021, § 1(a)-(c), Sess. L. 1984, pp. 389, 390; Sept. 24, 1990, No. 5623, § 1(a), Sess. L. 1990, p. 332; Jan. 3, 1991, No. 5691, § 8, Sess. L. 1990, p. 584; Mar. 5, 2005, No. 6730, § 23, Sess. L. 2005, p. 106.

(a) The District Court of the Virgin Islands shall have jurisdiction in proceedings in accordance with the Federal Rules of Civil Procedure to enjoin violations of this title. (b) In case of an alleged violation of an injunction or restraining order issued under this section, trial shall, upon demand of the accused, be by a jury in accordance with the Federal Rules of Civil Procedure. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 73.

Before any violation of this chapter is reported by the Commissioner to the United States Attorney or the Attorney General for institution of a criminal proceeding, the Commissioner may require that the person against whom such proceeding is contemplated be given appropriate notice and an opportunity to present his views, either orally or in writing, with regard to such contemplated proceeding. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 73.

(a) Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before a Court of the Virgin Islands, involving a violation of this chapter, and the person presiding over the proceeding communicates to the witness an order issued under this section, the witness may not refuse to comply with the order on the basis of his privilege against self- incrimination. But no testimony or other information compelled under the order issued under subsection (b) of this section or any information obtained by the exploitation of such testimony or other information, may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. (b) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before a court, the United States district court for the judicial district in which the proceeding is or may be held shall issue, upon the request of the United States Attorney for such district, an order requiring such individual to give any testimony or provide any other information which he refuses to give or provide on the basis of his privilege against self-incrimination. (c) A United States Attorney may, with the approval of the Attorney General or the Deputy Attorney General, or any Assistant Attorney General designated by the Attorney General, request an order under subsection (b) when in his judgment- (1) the testimony or other information from such individual may be necessary to the public interest; and (2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 73.

(a) (1) It shall not be necessary for the Government of the Virgin Islands to negative any exemption or exception set forth in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter, and the burden of going forward with the evidence with respect to any such exemption or exception shall be upon the person claiming its benefit. (2) In the case of a person charged under section 607(a) with the possession of a controlled substance, any libel identifying such substance for purposes of section 503(b)(2) of the Federal Food, Drug, and Cosmetic Act shall be admissible in evidence and shall be prima facie evidence that such substance was obtained pursuant to a valid prescription from a practitioner while acting in the course of his professional practice. (b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he shall be presumed not to be the holder of such registration or form, and the burden of going forward with the evidence with respect to such registration or form shall be upon him. (c) The burden of going forward with the evidence to establish that a vehicle, vessel, or aircraft used in connection with controlled substance in schedule I was used in accordance with the provisions of this title shall be on the persons engaged in such use. (d) No civil or criminal liability shall be imposed by virtue of this chapter upon any duly authorized Government officer or employee lawfully engaged in the enforcement of this chapter. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 74.

(a) The Commissioner may delegate any of his functions under this chapter to any officer or employee of the Department of Health. (b) The Commissioner may promulgate and enforce any rules, regulations, and procedures which he may deem necessary and appropriate for the efficient execution of his functions under this chapter. (c) The Commissioner may accept in the name of the Government of the Virgin Islands any form of devise, request, gift, or donation where the donor intends to donate property for the purpose of preventing or controlling the abuse of controlled substances. He may take all appropriate steps to secure possession of such property and may sell, assign, transfer, or convey any such property other than monies. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 75.

The Attorney General is authorized to pay from funds appropriated for purposes of this section, any person for information concerning a violation of this chapter, such sum or sums of money as he may deem appropriate without reference to any monies or rewards to which such person may otherwise be entitled by law. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 75.

Purchase and Advertisement of Drug Paraphernalia (a) It shall be unlawful for any person, firm or corporation to use, or possess with intent to use, drug paraphernalia for one or more purposes stated in section 593, paragraph (15) of this chapter. Violation of this subsection is a misdemeanor punishable by imprisonment of not more than one year, a fine of not more than $5000, or both. (b) It shall be unlawful for any person, firm, or corporation to deliver, furnish or transfer or possess with intent to deliver, furnish or transfer, or manufacture with intent to deliver, furnish or transfer, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used for one or more purposes stated in section 593, paragraph (15) of this chapter. Violation of this subsection is punishable by a term of imprisonment of not more than three years, a fine of not more than $15,000 or both. (c) It shall be unlawful for any person, firm or corporation to sell, offer for sale, or possess with intent to sell or offer for sale, or purchase, drug paraphernalia knowing, or under circumstances where one reasonably should know that the paraphernalia is possessed, sold or offered for sale or purchased for one or more purposes stated in section 593, paragraph (15) of this chapter. Violation of this subsection is punishable as provided for in subsection (b) of this section. (d) It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Violation of this section is punishable as provided for in subsection (a) of this section. (e) Any person, 18 years of age or over, who violates subsection (b) by delivering, furnishing or transferring drug paraphernalia to a person under 18 years of age is subject to punishment as provided for in subsection (b) of this section. (f) In addition to the penalties provided for, the violation, or the causing or the permitting of a violation of this section by the holder of a business, liquor or other license, shall be grounds for revocation or suspension of such license or licenses. History: Added Feb. 18, 1992, No. 5779, § 2, Sess. L. 1992, p. 41.

Needles; Possession of Certain Other Instruments (a) It shall be unlawful for any person to sell or furnish to any person or persons other than a duly licensed physician, dentist, veterinarian, undertaker, nurse, podiatrist, or a registered pharmacy or drug store, hospital, sanitarium, clinical laboratory or other medical institution, or a regular dealer in medical, dental or surgical supplies, or a resident physician or intern of a hospital, sanitarium or other medical institution, a hypodermic syringe or hypodermic needle except pursuant to a written prescription of a duly licensed physician or veterinarian. (b) Every person so selling or furnishing syringe or hypodermic needle, shall record upon the face of the prescription, over his signature, the date of the sale or furnishing of the hypodermic syringe or hypodermic needle. Such prescription shall be retained on file for a period of two years and be readily accessible for inspection by any public officer or employee engaged in the enforcement of this section. A prescription filed in accordance with this section shall be sufficient authority, without the necessity of a renewal or reissuance, to permit subsequent sales or the furnishing of hypodermic syringes or hypodermic needles to the person to whom the prescription was issued for a period of one year from the date of its original issuance. (c) It shall be unlawful for any person or persons, except a duly licensed physician, dentist, veterinarian, nurse, podiatrist, hospital, sanitarium or other medical institution, or a resident physician or intern of a hospital, sanitarium or other medical institution, or those engaged in the regular business of dealing in medical, dental and surgical supplies, operating a clinical laboratory, maintaining a registered pharmacy or drug store, or maintaining an undertaking establishment, to have under control or possess, a hypodermic syringe or hypodermic needle, or any other instrument or implement adapted for the administering of narcotic drugs which other instrument or implement is possessed for that purpose, unless such possession be obtained upon a valid written prescription form, and such use be authorized or directed by, a duly licensed physician or veterinarian. For the purposes of this subdivision no such prescription shall be valid, which has been outstanding for more than one year. (d) It shall be unlawful for any person who has lawfully obtained a hypodermic needle, hypodermic syringe or any other instrument or implement adapted for the administering of narcotic drugs to permit or cause, directly or indirectly, such needle, syringe, instrument or implement to be used for any purpose other than that for which it was lawfully purchased or obtained. (e) It shall be unlawful for any person to obtain possession of a hypodermic needle, hypodermic syringe or any other instrument or implement adapted for administering of narcotic drugs by a false or fraudulent representation or design or by a forged or fictitious name, or contrary to or in violation of any of the provisions of this section. (f) Any used hypodermic needle, hypodermic syringe, or other instrument or implement adapted for the administering of narcotic drugs which is to be disposed of shall be destroyed in such a manner as to render such unit or units unfit for reuse in any manner. (g) A violation of any provision of this section shall constitute a misdemeanor. History: Added May 26, 1971, No. 3032, Sess. L. 1971, p. 162.

If a provision of this chapter is held invalid, all valid provisions that are severable shall remain in effect. If a provision of this chapter is held invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable. History: Added Mar. 23, 1971, No. 2961, § 1, Sess. L. 1971, p. 75. 632 [Repealed] History: Repealed. Mar. 23, 1971, No. 2961, § 2, Sess. L. 1971, p. 75. Cite as: 19 V.I.C. § 631, 632

This subchapter may be cited as the "Virgin Islands Prescription Drug Monitoring Program Act". History: Added June 29, 2025, No. 8959, § 1, Sess. L. 2024, p. -.

As used in this subchapter: (a) "Certified law enforcement prescription drug diversion investigator" means a law enforcement officer assigned by a qualified law enforcement agency to investigate prescription drug diversion and who has completed a certification course in prescription drug diversion approved by the Prescription Drug Monitoring Program Advisory Committee. (b) "Commissioner" means the Commissioner of the Virgin Islands Department of Health. (c) "Controlled substance" means a drug, substance, or immediate precursor in Schedules II, III, IV, or V of

(a) The Department shall establish and administer the Virgin Islands Prescription Drug Monitoring Program. Under the Program, the Department shall: (1) establish, maintain, and administer an electronic prescription drug monitoring database system to collect and store controlled substance dispensing information; (2) provide dispensers with a basic file layout to enable electronic transmission of the information required under this subchapter; and (3) establish and maintain a process for verifying the credentials of and authorizing the use of prescription information in the PDMD by those individuals and entities listed in sections 635d. and 635e. (b) Each dispenser shall submit, by electronic means, information to the PDMD regarding each controlled substance dispensed that includes: (1) the dispenser's identification number; (2) the date the prescription was filled; (3) the prescription number; (4) whether the prescription is new or is a refill; (5) the National Drug Code for the controlled substance that is dispensed; (6) the quantity of the controlled substance dispensed; (7) the number of days' supply dispensed; (8) the number of refills ordered; (9) a patient identifier that is not a social security number or a driver's license number; (10) the patient's name; (11) the patient's address; (12) the patient's date of birth; (13) the patient's gender; (14) the prescriber's identification number; (15) the date the prescription was issued by the prescriber; and (16) the source of the payment for the prescription. (c) Each dispenser shall submit the prescription information set forth in subsection (b) every 24 hours. If a dispenser is temporarily unable to comply with this subsection due to an equipment failure or other circumstances, the dispenser shall immediately notify the Department. (d) The Department may issue a waiver to a dispenser that is unable to submit prescription information by electronic means acceptable to the Department. The waiver may permit the dispenser to submit prescription information to the Department by paper form or other means, provided all information required in subsection (b) is submitted in this alternative format and in accordance with the frequency requirements established in subsection (c). Requests for waivers must be submitted in writing to the Department. (e) Except as required in subsection (f), a practitioner is encouraged to access or check the information in the PDMD before prescribing, dispensing, or administering medications. (f) (1) Except as provided in paragraph (paragraph (2)ractitioner shall consult the PDMD to review a patient's controlled substance dispensing history every time when prescribing, dispensing, or administering an opioid from Schedule II or Schedule III or a benzodiazepine medication to a patient. (2) (A) Paragraph (1) does not apply to a prescriber or dispenser if the medication is prescribed or otherwise provided to a patient: (i) currently receiving hospice or palliative care; (ii) during an inpatient hospital admission or at discharge; (iii) in a nursing home or residential care facility that uses a sole source pharmacy; or (iv) at the scene of an emergency, in a licensed ground ambulance or in an air ambulance. (B) Paragraph (1) does not apply to situations in which the PDMD is not accessible due to technological or electrical failure. (g) A prescriber who has reviewed information from the PDMD shall make or cause to be made a notation in the patient's medical record stating the date and time upon which the inquiry was made and identifying the prescriber or designee's name who made the search and review. If the PDMD does not allow access to such individual, a notation to that effect shall also be made containing the same information of date, time, and individual's name. (h) The Department may amend, by regulation, the exemptions listed in subsection (f)(2) upon a recommendation from the Committee and a showing that the exemption or lack of exemption is unnecessarily burdensome or has created a hardship. (i) A licensed oncologist shall check the PDMD when prescribing any drug listed in subsection (f)(1) to a patient on an initial malignant episodic diagnosis and every three months following the diagnosis while continuing treatment. (j) A licensing board shall adopt regulations requiring practitioners who have the authority to prescribe, dispense, or administer medications to check the information in the PDMD as provided in subsection (f). (k) The Department, by regulation, shall create a process for patients to address errors, inconsistencies, and other matters in their record, including cases of breach of privacy and security. (l) The Department shall develop algorithms within the PDMD that alert a practitioner if the practitioner's patient is being prescribed opioids by more than two practitioners within any thirty-day period. (m) The Department shall purge prescription information from the PDMD after four years have clapsed from the date the prescription was dispensed. History: Added June 29, 2025, No. 8959, § 1, Sess. L. 2024, p. -.

Creation (a) There is established within the Office of the Commissioner of Health the Prescription Drug Monitoring Program Advisory Committee to consult with and advise the Department on matters related to the establishment, maintenance, operation, and evaluation of the Program. (b) The Committee consists of five voting members and the Commissioner, or a designee, who shall serve as a non-voting chairperson. The voting members of the Committee are: (1) a mental health provider or certified drug and alcohol counselor; and (2) one representative designated by each of the following organizations: (A) Virgin Islands Board of Medical Examiners; (B) Virgin Islands Board of Pharmacy; (C) Virgin Islands Department of Justice; and (D) Virgin Islands Territorial Public Defender Office. (c) Each member shall serve a three-year term or until the appointment of the member's successor. (d) Three voting members of the Committee constitute a quorum. Actions of the Committee are adopted when a majority of the members vote in favor of the action. (e) The Committee shall hold not less than four meetings per year, or more often upon the call of a meeting by the chairperson or the majority of the members. (f) Members may attend meetings in person, remotely by audiovisual means, or by audio-only. (g) The Department shall provide staff assistance to the Committee. (h) Members receive no compensation but must be reimbursed for their actual and necessary expenses incurred in the performance of their duties. History: Added June 29, 2025, No. 8959, § 1, Sess. L. 2024, p. -.

(a) The following persons are provided direct access to information in the PDMD: (1) a prescriber or dispenser or a designee for the sole purpose of providing medical or pharmaceutical care to a specific patient. The delegating prescriber or dispenser may be held civilly liable and criminally responsible for the misuse of the prescription information obtained by the designee; (2) employees of the Department; and (3) a certified law enforcement prescription drug diversion investigator who has complied with subsections (b) and (c). (b) To be granted access to the PDMD, a certified law enforcement prescription drug diversion investigator shall provide the following information to the Department: (1) the identification credentials assigned by the Department and the case number of the investigation; and (2) an annual report from a qualified law enforcement agency. (c) A qualified law enforcement agency shall submit to the Department an annual report of the data accessed by all certified law enforcement prescription drug diversion investigators in the qualified law enforcement agency, including written verification that the inquiries were part of a lawful prescription drug diversion investigation and providing the case number and the disposition of the investigation. The Department shall prepare a verification form and make the form available annually to the qualified law enforcement agency. The qualified law enforcement agency shall return the completed verification form to the Department not later than 30 days after its receipt. The certified law enforcement prescription drug diversion investigator's failure to timely submit the verification form results in the immediate suspension of access to the PDMD until the verification form has been submitted and the DOH has the opportunity, not to exceed seven days, to review the information on the verification form. (d) The Department shall limit access to the Database to only those employees whose access is reasonably necessary to carry out this subchapter. History: Added June 29, 2025, No. 8959, § 1, Sess. L. 2024, p. -.

(a) The following persons or entities may not directly access the PDMD, but may request information in the PDMD from the Department: (1) a law enforcement officer pursuant to a criminal investigation but only after the law enforcement officer obtains a search warrant signed by a judge that demonstrates probable cause to believe that a violation of federal or Virgin Islands criminal law has occurred, and that specified information contained in the PDMD would assist in the investigation of the crime, and that the specified information should be released to the law enforcement officer; (2) a regulatory body engaged in the supervision of licensing or regulatory boards of practitioners authorized to prescribe or dispense controlled substances; (3) a person or entity investigating a case of breaches of privacy of the PDMD or its records; (4) medical examiners as authorized by law to investigate causes of deaths for cases under investigation pursuant to his official duties and responsibilities; (5) the Department of Human Services if: (A) the purpose of the PDMD information is related to an investigation under title 5 Virgin Islandstitle 5 Virgin Islands Code, chapter 201and not pursuant to a criminal investigation by a law enforcement officer; and (B) the Department of Human Services has obtained a court order pursuant to 5 V.I.C. § 2556 to access the information; (6) a patient or authorized agent of a patient, who requests his own prescription monitoring information; or (7) a parent or legal guardian of a minor child who requests the minor child's information. History: Added June 29, 2025, No. 8959, § 1, Sess. L. 2024, p. -.

(a) The PDMD and all information contained in the PDMD and any records maintained by the Department, or by an entity contracting with the Department, that is submitted to, maintained, or stored as a part of the PDMD is confidential and not subject to disclosure under the Virgin Islands Public Records Act, 3 V.I.C. § 881 et. seq. (b) The Department shall establish regulations to ensure that the privacy and confidentiality of patients are maintained and that patient information collected, recorded, transmitted, and stored is protected and not disclosed to persons except as provided for in this subchapter. History: Added June 29, 2025, No. 8959, § 1, Sess. L. 2024, p. -.

(a) The Department shall review the PDMD information monthly, including a review to identify information that appears to indicate whether a patient is obtaining prescriptions in a manner that may represent misuse or abuse of controlled substances, based on prescribing criteria determined by the Commissioner upon consultation with the Committee. The prescribing criteria must be posted on the website of the Department and be available in print upon request. (b) (1) If the PDMD information appears to indicate misuse or abuse may have occurred, the Department shall notify the prescribers and dispensers who have prescribed or dispensed the prescriptions and provide three consecutive monthly reports to the prescribers and dispensers. (2) If after three months of providing reports to the prescribers and dispensers, the information continues to suggest that misuse or abuse may be occurring, the Department shall send a report to the licensing boards. (3) If misuse or abuse is identified, the Department shall notify the practitioners and dispensers who prescribed or dispensed the prescriptions and the United States Diversion Control Division of the United States Drug Enforcement Administration. History: Added June 29, 2025, No. 8959, § 1, Sess. L. 2024, p. -.

(a) A dispenser who knowingly and intentionally fails to submit prescription monitoring information as required in section 635b, or knowingly and intentionally submits incorrect prescription information is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment of not more than five years, or to payment of a fine not to exceed $50,000, or both, and the conviction shall be reported to the licensing board for action to be taken against the dispenser's license. (b) A practitioner who purposely fails to access the PDMD as required by section 635b(f)(1) is subject to disciplinary action by the licensing board. (c) An individual authorized to access prescription information in the PDMD who negligently uses, releases, or discloses the information in a manner or for a purpose in violation of this subchapter is guilty of a misdemeanor. Any person who is convicted of negligently using, releasing, or disclosing the information in violation of this subchapter shall, upon a subsequent conviction, be guilty of a felony and shall be sentenced to a term of imprisonment of not more than three years, or to payment of a fine not to exceed $5,000, or both. (d) (1) An individual authorized to access prescription information in the PDMD who knowingly obtains or discloses the information in a manner or for a purpose in violation of this subchapter is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment of not more than five years, or to payment of a fine not to exceed $50,000, or both. (2) Any person who knowingly obtains, attempts to obtain, or discloses prescription information in the PDMD under false pretenses is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment of not more than five years, or to payment of a fine not to exceed $100,000, or both. (3) Any person who obtains or discloses prescription information in the PDMD with the intent to sell, transfer, or use the information for commercial advantage, personal gain, or malicious harm is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment for not less than two years but not more than ten years, or to payment of a fine not to exceed $250,000, or both. (e) The penalties provided in this section are intended to be cumulative of other penalties which may be applicable and are not intended to repeal other penalties. History: Added June 29, 2025, No. 8959, § 1, Sess. L. 2024, p. -.

Programs (a) The Department may provide prescription monitoring information to federal prescription drug monitoring programs or other states' prescription drug monitoring programs, and the information may be used by those programs consistent with this subchapter, provided the program or system, as determined by the Department, contains legal, administrative, technical, and physical safeguards that meet or exceed the security measures of the Department for the operation of the PDMD. (b) The Department may request and receive prescription monitoring information from federal prescription drug monitoring programs or other states' prescription drug monitoring programs and may use information consistent with this subchapter. (c) The Department may develop the capability to transmit information to other prescription drug monitoring programs and receive information from other prescription drug monitoring programs employing the standards of exchangeability. (d) The Department may enter into written agreements with federal prescription drug monitoring programs or other states' prescription drug monitoring programs for the purpose of describing the terms and conditions for sharing prescription information. History: Added June 29, 2025, No. 8959, § 1, Sess. L. 2024, p. -.

(a) (1) The Department may contract to establish and administer the Program and may make application for, receive, and administer grant funding from public or private sources for this purpose. (2) A contractor shall comply with the provisions regarding confidentiality of prescription information as outlined in this subchapter and is subject to the penalties specified in this subchapter for unlawful acts. (b) A fee may not be levied against practitioners for the purpose of funding or complying with the Program. History: Added June 29, 2025, No. 8959, § 1, Sess. L. 2024, p. -.

The Department shall prepare and submit an annual report on performance measures of the Program to the Governor and the Chairperson of the Committee on Health, Hospitals and Human Services of the Legislature of the Virgin Islands by December 1st of each calendar year. Performance measures include outcomes relating to the reduction of the rate of inappropriate use of controlled substances through monitoring efforts and the reduction of the quantity of controlled substances obtained by individuals attempting to engage in fraud and deceit. History: Added June 29, 2025, No. 8959, § 1, Sess. L. 2024, p. -.

The Department shall promulgate regulations necessary to effectuate the purposes of this subchapter. History: Added June 29, 2025, No. 8959, § 1, Sess. L. 2024, p. -.

This subchapter shall be known and may be cited as the "Drug Dealer Liability Act." History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 3.

The purpose of this act is to provide a civil remedy for residents of the Virgin Islands who suffer damages as a result of illegal drug use. Parents, employers, insurers, governmental entities, and others who pay for drug treatment or employee-assistance programs, as well as infants injured as a result of exposure to controlled substances in utero ("drug babies") will be able to recover damages from persons involved in the marketing and distribution of illegal drugs, thereby shifting the cost of the damage caused by the illegal drug market to those who illegally profit from it. This act also will serve as a deterrent to those who have not yet gotten into the marketing and distribution of illegal drugs, and as an incentive for illegal drug users to identify and seek payment for their treatment from persons who sold them the illegal drugs. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 3.

The Legislature finds and declares that: (a) Although the criminal justice system is an important weapon against the marketing and distribution of illegal drugs, the civil justice system can and must also be used. The civil justice system can provide an avenue of compensation for those who have suffered harm as a result of the marketing and distribution of illegal drugs. (b) By imposing liability against all participants in the marketing and distribution of illegal drugs, including small dealers, particularly those in the workplace, this act will reach persons who are not usually the focus of criminal investigations. The small dealers increase the number of users and are the people who become large dealers. These small dealers are most likely to be deterred by the threat of money damages. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 3.

As used in this chapter: (a) "Marketing of illegal controlled substances" means the possession for sale, sale, or distribution of a specified illegal controlled substance. (b) "Individual user of an illegal controlled substance" means the individual whose use of a specified illegal controlled substance is the basis of an action brought under this subchapter. (c) "Level 1 offense" means the possession for sale of less than four ounces or the sale or furnishing of less than one ounce of a specified illegal controlled substance, or the cultivation of at least 25 plants but less than 50 plants, the furnishing of more than 28.5 grams, or the possession for sale or sale of up to four pounds, of marijuana or synthetic marijuana. (d) "Level 2 offense" means the possession for sale of four ounces or more but less than eight ounces of, or the sale or furnishing of one ounce or more but less than two ounces of, a specified illegal controlled substance, or the cultivation of at least 50 but less than 75 plants, the possession for sale of four pounds or more but less than eight pounds, or the sale or furnishing of more than one pound but less than five pounds, of marijuana or synthetic marijuana. (e) "Level 3 offense" means the possession for sale of eight ounces or more but less than 16 ounces of, or the sale or furnishing of two ounces or more but less than four ounces of, a specified illegal controlled substance, or the cultivation of at least 75 but less than 100 plants, the possession for sale of eight pounds or more but less than 16 pounds, or the sale or furnishing of more than five pounds but less than 10 pounds of marijuana or synthetic marijuana. (f) "Level 4 offense" means the possession for sale of 16 ounces or more of, or the sale or furnishing of four ounces or more of, a specified illegal controlled substance, or the cultivation of 100 plants or more of, the possession for sale of 16 pounds of, or the sale or furnishing of more than 10 pounds of marijuana or synthetic marijuana. (g) "Participate in the marketing of illegal controlled substances" means to transport, import into the Virgin Islands, knowingly facilitate the transport out or import into the Virgin Islands, sell, possess with intent to sell, furnish, administer, or give away, or offer to transport, import into the Virgin Islands, sell, furnish, administer, or give away a specified illegal controlled substance. "Participate in the marketing of illegal controlled substances" does not include the purchase or receipt of an illegal controlled substance for personal use only. (h) "Person" means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association existing under or authorized by the laws of the Virgin Islands, another territory or state, or a foreign country. (i) "Period of illegal use" means, in relation to the individual user of an illegal controlled substance, the time of the individual's first illegal use of an illegal controlled substance to the accrual of the cause of action. (j) "Place of illegal activity" means, in relation to the individual user of an illegal controlled substance, any island in the Virgin Islands where the individual illegally possesses or uses an illegal controlled substance during the period of the individual's use of an illegal controlled substance. (k) "Place of participation" means, in relation to a defendant in an action brought under this act, any island in the Virgin Islands where the person participates in the marketing of illegal controlled substances during the period of the person's participation in the marketing of illegal controlled substances. (l) "Specified illegal controlled substance" means the controlled substances specified in section 595 of this chapter and any other illegal controlled substance the manufacture, cultivation, importation into the Virgin Islands, transportation, possession for sale, sale, furnishing, administering, or giving away of which is a violation of this chapter. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 4; amended May 3, 2013, No. 7472, § 3, Sess. L. 2013, p. 3.

Substances (a) A person who knowingly participates in the marketing of illegal controlled substances in the Virgin Islands is liable for civil damages as provided in this subchapter. A person may recover damages under this subchapter for injury resulting from an individual's use of an illegal controlled substance. (b) A law enforcement officer or agency, the Government of the Virgin Islands or a person acting at the direction of a law enforcement officer or agency or the Government of the Virgin Islands is not liable for participating in the marketing of illegal controlled substances, if the participation is in furtherance of an official investigation. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 6.

(a) Any one or more of the following persons may bring an action for damages caused by an individual's use of an illegal controlled substance: (1) A parent, legal guardian, child, spouse, or sibling of the individual controlled substance user. (2) An individual who was exposed to an illegal controlled substance in utero. (3) An employer of the individual user of an illegal controlled substance. (4) A medical facility, insurer, employer, or other nongovernmental entity that funds a drug treatment program or employee assistance program for the individual user of an illegal controlled substance, or that otherwise expended money on behalf of the individual user of an illegal controlled substance. No public agency other than a medical facility shall have a cause of action under this subchapter. (5) A person injured as a result of the willful, reckless, or negligent actions of an individual user of an illegal controlled substance. (b) A person entitled to bring an action under this section may seek damages from one or more of the following: (1) A person who sold, administered, or furnished an illegal controlled substance that was actually used by the individual user. (2) A person who knowingly participated in the marketing of illegal controlled substances, if all of the following apply: (A) The place of illegal activity by the individual user of the illegal controlled substance is located within the same area which the defendant's place of participation is situated. (B) The defendant's participation in the marketing of illegal controlled substances was connected with the same type of specified illegal controlled substance used by the individual user, and the defendant has been convicted of an offense for that type of specified illegal controlled substance. (C) The defendant participated in the marketing of illegal controlled substances at any time during the period the individual user of an illegal controlled substance illegally used the controlled substance. (D) The underlying offense for the conviction of the specified illegal controlled substance occurred on the same island as the individual user's place of use. (c) As used in subsection (b) of this section, "knowingly participated in the marketing of illegal controlled substances" means a conviction for transporting, importing into the Virgin Islands, selling, possessing with intent to sell, furnishing, administering, or giving away, or offering to transport, import into the Virgin Islands, sell, furnish, administer, or give away a specified illegal controlled substance. (d) A person entitled to bring an action under this section may recover all of the following damages: (1) Economic damages, including but not limited to the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the use of an illegal controlled substance. (2) Noneconomic damages, including but not limited to physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal controlled substance. (3) Exemplary damages. (4) Reasonable attorney's fees. (5) Costs, including but not limited to reasonable expenses for expert testimony. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 6.

(a) An individual user of an illegal controlled substance may not bring an action for damages caused by the use of an illegal controlled substance, except as otherwise provided in this section. An individual user of an illegal controlled substance may bring an action for damages caused by the use of an illegal controlled substance only if all of the following conditions are met: (1) The individual personally discloses to narcotics enforcement authorities all of the information known to the individual regarding all of that individual's sources of illegal controlled substances. (2) The individual has not used an illegal controlled substance within the 30 days before filing the action. (3) The individual continues to remain free of the use of an illegal controlled substance throughout the pendency of the action. (b) A person entitled to bring an action under this section may seek damages only from a person who transported, imported into the Virgin Islands, sold, possessed with intent to sell, furnished, administered, or gave away the specified illegal controlled substance actually used by the individual. (c) A person entitled to bring an action under this section may recover only the following damages: (1) Economic damages, including but not limited to the cost of treatment, rehabilitation and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's use of an illegal controlled substance. (2) Noneconomic damages, including but not limited to physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal controlled substances. (3) Exemplary damages. (4) Reasonable attorney's fees. (5) Cost including but not limited to reasonable expenses for expert testimony. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 8.

(a) A third-party shall not pay damages awarded under this subchapter, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification. (b) A cause of action authorized pursuant to this subchapter may not be assigned, either expressly, by subrogation, or by any other means, directly or indirectly, to any public or publicly funded agency or institution. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 9.

A person whose participation in the marketing of illegal controlled substances constitutes the following level offense, shall be rebuttably presumed to be responsible in the following amounts: (a) For a level 1 offense, 25 percent of the damages. (b) For a level 2 offense, 50 percent of the damages. (c) For a level 3 offense, 75 percent of the damages. (d) For a level 4 offense, 100 percent of the damages. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 10.

(a) Two or more persons may join in one action under this subchapter as plaintiffs if their respective actions have at least one place of illegal controlled substances in common, and if any portion of the period of use of an illegal controlled substance overlaps with the period of use of an illegal controlled substance for every other plaintiff. (b) Two or more persons may be joined in one action under this subchapter as defendants if those persons are liable to at least one plaintiff. (c) A plaintiff need not participate in obtaining and a defendant need not participate in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 10.

(a) An action by an individual user of an illegal controlled substance is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff, in accordance with Title 5, section 1451, of this Code. (b) The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence. (c) Comparative responsibility shall not be attributed to a plaintiff who is not an individual user of a controlled substance, unless that plaintiff willfully and knowingly gave the individual user money for the purchase of the illegal controlled substance. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 10.

A person subject to liability under this subchapter has a right of action for contribution against another person subject to liability under this subchapter. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this subchapter and other laws against a person whom a defendant has asserted a right of contribution. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 11.

(a) Proof of liability in an action brought under this subchapter shall be shown by clear and convincing evidence. Except as otherwise provided in this subchapter, other elements of the cause of action shall be shown by a preponderance of the evidence. (b) (1) A person against whom recovery is sought who has a criminal conviction pursuant to the laws of the Virgin Islands, any foreign country, state or federal laws prohibiting the illegal sale of controlled substances is estopped from denying participation in the illegal market for controlled substances. Except as provided in paragraph (paragraph (2) subsection does not affect the plaintiff's burden of proving section 646(b)(2)(A), (B) and (C) of this subchapter. (2) Such a conviction is also prima facie evidence of the person's participation in the marketing of a specified illegal controlled substance used by the individual user where that conviction was based upon the person's marketing of that same type of illegal controlled substance. (c) The absence of a criminal conviction of a person pursuant to subsection (b) of this section, against whom recovery is sought does not bar an action against that person in an action pursuant to section 646(b) (1), or section 647 of this subchapter. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 11.

(a) A plaintiff, under this subchapter, subject to subsection (c) of this section, may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. If attachment is instituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if the defendant demonstrates that the assets will be available for a potential award, or if the defendant posts a bond sufficient to cover a potential award. (b) A person against whom a judgment has been rendered under this subchapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. (c) Any asset sought to satisfy a judgment under this subchapter that is named in a forfeiture action or has been seized for forfeiture by any Virgin Islands or federal agency may not be used to satisfy a judgment unless and until the asset has been released following the conclusion of the forfeiture action or released by the agency that seized the asset. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 12.

(a) Except as otherwise provided in this section, a claim under this subchapter shall not be brought more than one year after the cause of action accrues. A cause of action accrues under this subchapter when a person who may recover has reason to know of the harm from use of an illegal controlled substance that is the basis for the cause of action and has reason to know that the use of the illegal controlled substance is the cause of the harm. (b) For a defendant, the statute of limitations under this section does not expire until one year after the individual potential defendant is convicted of a criminal offense involving an illegal controlled substance. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 12.

On motion by a governmental agency involved in an investigation or prosecution of a case involving illegal controlled substances, an action brought under this subchapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 13.

If any provision of this subchapter or the application of any provision to any person or circumstance is held invalid, the remainder of this subchapter and the application of such provision to any other person or circumstance shall not be affected by that invalidation. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 13.

This subchapter takes effect upon enactment. History: Added Jan. 12, 1998, No. 6196, § 1, Sess. L. 1997, p. 13.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 6, Sess. L. 2022, p. 445.

History: Repealed. Aug. 5, 1977, No. 4039, § 4, Sess. L. 1977, p. 234.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

History: Repealed. Jan. 19, 2023, No. 8688, § 7, Sess. L. 2022, p. 445.

This chapter may be cited and referred to as the "Virgin Islands Drug Product Selection Act". History: Added Oct. 26, 1982, No. 4755, § 20, Sess. L. 1982, p. 177.

For the purposes of this chapter: (a) "Brand name" means the proprietary or trade name selected by the manufacturer and placed upon a drug, its container, label or wrapping at the time of packaging; (b) "Generic name" means the chemical name or formula or the established name designated in the official United States Pharmacopeia, official Homeopathic Pharmacopeia of the United States, or official National Formulary or any supplement thereof; (c) "Substitute" means to dispense with the prescriber's express authorization a different drug product in place of the drug ordered or prescribed; (d) "Therapeutically equivalent" means drugs that are approved by the Federal Drug Administration for interstate distribution and that will provide essentially the same efficiency and toxicity when administered to an individual in the same dosage regimen; and (e) "Pharmacy," "pharmacist" and "medical practitioner" shall have the same meanings as those contained in section 141 of Title 27, Virgin Islands Code. History: Added Oct. 26, 1982, No. 4755, § 20, Sess. L. 1982, p. 178.

(a) Every prescription slip issued by a physician shall contain a clearly printed name and address of the issuing physician. In addition, every prescription written in the Virgin Islands shall have two boxes for the medical practitioner's notation. Under one box shall be the words "Dispense as written". Under the second box shall be the words "Substitution allowed". By checking one of the two boxes, the medical practitioner has indicated to the pharmacist his dispensing instruction. (b) Every licensed Virgin Islands physician, when prescribing any drug or brand name, shall in each prescription, authorize by signing the box marked "Substitution allowed"; Provided, however, That if in the professional judgment of the prescribing physician the active ingredient or ingredients of any generic substitute may vary in the therapeutic effect upon the drug recipient, the physician shall sign the box marked "Dispense as written" on the prescription form. (c) Pharmacists, when dispensing a prescription shall, unless requested otherwise by the purchaser in writing, substitute drugs containing the same active ingredients of the same strength, quantity, and dosage as that drug requested by the prescriber from the list of Food and Drug Administration-approved drugs unless ordered by the prescribing physician to dispense as written on the prescription form. The pharmacist shall pass on to the ultimate consumer the difference in the acquisition cost between the drug product prescribed and the drug product dispensed, exclusive of the pharmacist's professional fee. The pharmacist shall not charge a higher or differential professional fee for the generic drug product dispensed than that charged for the brand name product prescribed. When a substitution is made, the pharmacist shall indicate the product dispensed on the written prescription. History: Added Oct. 26, 1982, No. 4755, § 20, Sess. L. 1982, p. 178.

(a) The substitution of any drug by a pharmacist pursuant to this chapter does not constitute the practice of medicine. (b) No substitution of drugs made by a pharmacist in accordance with this chapter shall constitute evidence of negligence if substitution was authorized by the prescribing physician and if the substituted drug was accepted in a generally recognized formulary. History: Added Oct. 26, 1982, No. 4755, § 20, Sess. L. 1982, p. 179.

It is hereby made the duty of the Department of Health, the Department of Licensing and Consumer Affairs and the Drug and Narcotics Control Officer within the Territory to enforce all provisions of this chapter. History: Added Oct. 26, 1982, No. 4755, § 20, Sess. L. 1982, p. 179.

Any person, firm or corporation who or which shall willfully fail to comply with the provisions of this chapter shall be fined not more than five hundred dollars ($500) for each violation. History: Added Oct. 26, 1982, No. 4755, § 20, Sess. L. 1982, p. 179.

(a) Except as provided in subsection (b), by no later than December 31, 2011, all duly licensed physicians within the Virgin Islands must electronically transmit all patient prescriptions to pharmacists. Such electronic prescription transmissions must, at a minimum, be in compliance with the final standards promulgated by the U.S. Secretary of Health and Human Services pursuant to the Medicare Prescription Drug Improvement and Modernization Act of 2003 (P.L. 108-173) for patient covered part D drugs prescribed for Medicare beneficiaries, regardless of whether the patient is a Medicare beneficiary. (b) The transmittal of electronic prescriptions for controlled substances, as defined in section 593(7) of this title, to any pharmacy is prohibited, and no person, including a licensed physician, may transmit an electronic prescription for any controlled substance to any pharmacy. (c) The Commissioner is directed to ensure that the Virgin Islands complies with subsections (a) and (b) of this section. History: Added Nov. 25, 2009, No. 7130, § 1, Sess. L. 2009, pp. 240, 241; amended Oct. 7, 2011, No. 7307, § 10(1)-(3), Sess. L. 2011, p. 218.

This chapter may be cited as the "Feed the Hungry Act." History: Added Oct. 13, 1993, No. 5896, § 1, Sess. L. 1993, p. 248.

For the purposes of this chapter: (a) "Governmental entity" means the Government of the United States or the Government of the Virgin Islands or any subdivision thereof. (b) "Nonprofit corporation" is any corporation which is exempt from taxation pursuant to 26 U.S.C., Internal Revenue Code, section 501(a). (c) "Nonprofit organization" is any organization which is exempt from taxation pursuant to 26 U.S.C., Internal Revenue Code, section 501(c), as amended. History: Added Oct. 13, 1993, No. 5896, § 1, Sess. L. 1993, p. 248.

Notwithstanding any other provision of law, no person or entity donating food to a nonprofit corporation, nonprofit organization or governmental entity, without charge, or at a charge sufficient only to cover the cost of handling such food, shall be liable for civil damages for any injury arising out of the condition of such food; unless at the time of the donation, the food donated was knowingly misbranded or adulterated, or was manufactured, processed, prepared, handled or stored in a grossly negligent manner. History: Added Oct. 13, 1993, No. 5896, § 1, Sess. L. 1993, p. 248.

Notwithstanding any other provision of law, no person, nonprofit corporation, nonprofit organization or governmental entity, which distributes or serves food without charge or at a charge sufficient only to cover the cost of handling such food, shall be liable for civil damages for any injury arising out of the condition of such food, unless at the time of distribution or serving, the food is knowingly misbranded or adulterated, or the injury is the result of gross negligence, recklessness of intentional misconduct of the person, nonprofit corporation, nonprofit organization or governmental entity, or any person employed by or under the control of the person, nonprofit corporation, nonprofit organization or governmental entity. History: Added Oct. 13, 1993, No. 5896, § 1, Sess. L. 1993, p. 248.

This act may be cited as "The Virgin Islands Cannabis Use Act". History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 301.

This chapter establishes a regulated system for the cultivation, manufacture, and sale of Cannabis for adult, medicinal, and sacramental use. By establishing a regulated system, these provisions provide oversight of the cannabis industry to protect public safety, improve public health, and create economic opportunities for the Virgin Islands and its residents. The intent of these provisions is to establish control over the commercial cultivation, manufacture, and sale of cannabis as a business, which shall be maintained by residents of the Virgin Islands pursuant to law and regulation. Any attempts to circumvent this intent will be deemed null and void as a matter of public policy and any agreement attempting circumvention is unenforceable. It is the intent of these provisions that qualified individuals who seek to use Cannabis for medicinal purposes, be afforded the opportunity to utilize certified medicinal cannabis authorization, with all the rights and protections contained therein. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 301, 302.

As used in this chapter, the following words, terms, and phrases have the following meaning: (a) "Advertising" or "Advertisement" means the act of providing consideration for the publication, dissemination, solicitation, or circulation of visual, oral, or written communications that induce any person to patronize a place of sale or purchase Cannabis items. "Advertising" does not include packaging and labeling, consumer education materials, or branding. "Advertising" proposes a commercial transaction or otherwise constitutes commercial speech. (b) "Adult Use" or "Adult User" means the use of cannabis by persons over the age of 21. (c) "Adult Use Lounge" means a business, pursuant to an issued permit, wherein individuals over the age of 21 may use Cannabis, commercial Cannabis products, or commercial Cannabis accessories. Said space may be public or private and may be owned by an individual, corporation, partnership, association, trust, government or entity, or any combination thereof. (d) "Applicant" means a person who has applied for a Medical Cannabis Patient Card, Medical Cannabis Caregiver Card, Sacramental Use Cultivation, Cannabis License, or Cannabis Permit, renewal, change of ownership, or change of location of a Cannabis License pursuant to this chapter, which application has been accepted for review but has not been approved or denied by the OCR. (e) "Auto-Expungement" means the review of criminal records of individuals convicted of Cannabis related crimes and expunging qualifying records, as determined by the Auto-Expungement report and subsequent amendments issued by the OCR. (f) "Bona fide Practitioner-Patient Relationship" means: (1) A practitioner and patient have a treatment or consulting relationship, during the course of which the practitioner has completed an assessment of the patient's medical history and current medical condition, including an appropriate in-person physical examination; (2) The practitioner has consulted with the patient with respect to the patient's debilitating medical condition; and (3) The practitioner is available or offers to provide follow-up care and treatment to the patient, including, but not limited to, patient examinations. (g) "Branding" means the promotion of a business's brand through publicizing a Cannabis business by name, logo, or distinct design features of the brand. (h) "Business Entity" means a legal entity incorporated pursuant to title 13 of the Virgin Islands Code or formed under title 26 of the Virgin Islands Code, whose shareholders, officers, directors, members, partners, or owners are each resident of the Virgin Islands as required by section 786(a) and that is not publicly traded. A business entity and each of the persons who are its shareholders, officers, directors, members, partners, or owners are owners. (i) "Cannabis" means all parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including cannabis concentrate. "Cannabis" does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with Cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include "Hemp" or "Industrial Hemp" as specifically defined by the United States Department of Agriculture. (j) "Cannabis Business" means a Cannabis Licensee, Micro-Cultivation Permittee, and Adult Use Lounge Permittee." (k) "Cannabis Business Representative" means an owner, employee, or agent of a Cannabis Business and shall not include a Contractor or a Consultant. (l) "Cannabis Concentrate" means a specific subset of Cannabis Items that were produced by extracting cannabinoids, through a solvent or non-solvent manufacturing process, from Cannabis or by combining extracted cannabinoids with Cannabis or other ingredients and are intended for use by smoking or vaporizing. (m) "Cannabis Cultivation License" or "Cannabis Cultivation Licensee" means a person licensed pursuant to this chapter to operate a business as described in section 792 that cultivates Cannabis for sale to Cannabis Licensees. (n) "Cannabis Dispensary License" or "Cannabis Dispensary Licensee" means a person licensed pursuant to this chapter to operate a business as described in section 794 that sells Cannabis Items. (o) "Cannabis Infused Product" means any product that is comprised of Cannabis Concentrate or Cannabis Flower and other ingredients and is intended for use or consumption other than by smoking or vaporizing, including edible Cannabis-Infused Products, Topical Cannabis-Infused Products, Transdermal Cannabis- Infused Products, and Transmucosal Cannabis-Infused Products. An extract of Cannabis that does not include any other non-cannabis ingredients but includes activated cannabinoids intended for oral administration are considered an Edible Cannabis-Infused Product. (p) "Cannabis Item" means Cannabis plant material, Cannabis Concentrate, and Cannabis Infused Product. (q) "Cannabis Manufacturing License" means a person licensed pursuant to this chapter to operate a business as described in section 793 that manufactures Cannabis Items for sale to other Cannabis Licensees. (r) "Cannabis Paraphernalia" means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing Cannabis, or for ingesting, inhaling, or otherwise introducing Cannabis into the human body. (s) "Cannabis Permit", "Cannabis Permittee", "Permit" or "Permittee" means a person permitted pursuant to this chapter to engage in a Cannabis related activity, unless specific provisions or context provides otherwise. Cannabis Permittees include Micro-Cultivation Permittees, Adult Use Lounge Permittee, Cannabis Use Permittee, Temporary Cannabis Use Permittee, and Onsite Consumption Permittee. (t) "Cannabis Product" means concentrated Cannabis products and Cannabis products that are comprised of Cannabis and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. (u) "Cannabis Research and Development License" or "Cannabis Research and Development Licensee" means a person licensed pursuant to this chapter to operate a business as described in section 795 that engages in research and development around Cannabis testing, genetics, seed manufacturing, plant tissue cultivation and manufacturing, with the intention of developing new products and technologies. (v) "Cannabis Testing Facility License" or "Cannabis Testing Facility Licensee" means the holder of a license issued by the OCR to perform testing on Cannabis items. (w) "Cannabis Use Permit" or "Cannabis Use Permittee" means a person permitted pursuant to this chapter to operate a business that allows for the consumption of Cannabis in a designated area, subject to applicable regulations. (x) "Cardholder" means a Qualified Patient, Designated Caregiver, and Sacramental User authorized to grow for personal sacramental use who has been issued and possesses a valid Medical Cannabis Registry Card issued by the OCR. (y) "Child-Resistant" means special packaging that is: (1) Designed or constructed to be significantly difficult for children under five years of age to open and not difficult for normal adults to use properly as defined by 16 C.F.R.1700.20 (1995); (2) Opaque so that the packaging does not allow the product to be seen without opening the packaging material; and (3) Resealable for any product intended for more than a single-use or containing multiple servings. (z) "Consultant" means a person who visits the Licensed Premises of a Cannabis Licensee on a temporary basis to perform a service related to advising a Cannabis Licensee on the cultivation, curing, processing, internal-testing, storing, packaging, labeling, manufacturing, transportation, transfer, purchase, and sale of Cannabis Items. (aa) "Consumer Education Materials" means any informational materials that seek to educate consumers about rules and regulations within the Cannabis industry generally, including, but not limited to, education regarding the safe consumption of Cannabis, regulated Cannabis Concentrate, or regulated Cannabis Products, provided it is not distributed or made available to individuals under 21 years of age. (bb) "Container" means the sealed package in which Cannabis are placed for sale. (cc) "Contractor" means a person other than a Cannabis Business Representative who visits the Licensed Premises of the Cannabis Business on a temporary basis to perform a service, maintenance, or repair in a manner that does not qualify the person as a Consultant. (dd) "Crime of Violence" has the same meaning as defined in title 23, section 451(g) of the Virgin Islands Code. (ee) "Cultivation Facility" means an entity registered with the OCR pursuant to this chapter that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells Cannabis and related supplies to Cannabis establishments. (ff) "Deliver" means the commercial transfer of Cannabis Items from a Cannabis Dispensary, up to an amount determined by the OCR, to a Qualified Patient or Designated Caregiver. "Delivery" also includes the use of any technology platform that enables Qualified Patients to arrange for or facilitate the commercial transfer by a Cannabis Dispensary of Cannabis Items. All deliveries shall comply with federal laws and regulations. (gg) "Designated Caregiver" means an individual identified in writing, pursuant to the provisions of title 19, chapter 11, sections 779 and 780 of the Virgin Islands Code, and who also: (1) is at least 21 years of age; (2) has been designated in writing by the Qualified Patient or the parent or legal guardian of the Qualified Patient, and who may possess, purchase, or administer Cannabis to a Qualified Patient; (3) has agreed to assist with a Qualified Patient's medicinal use of Cannabis; (4) has not been convicted of a Disqualifying Felony Offense; and (5) assists no more than three Qualifying Patients, including him or herself, with their medicinal use of cannabis, unless the Designated Caregiver's Qualifying Patients each reside in or is admitted to a health care facility or residential care facility where the Designated Caregiver is employed. (hh) "Designated Consumption Area" means a designated area where adults, 21 years of age or older, are expressly permitted to consume Cannabis or Cannabis Items. (ii) "Disqualifying Felony Offense" means a crime that was classified as a felony in the jurisdiction where the person was convicted, but not including an offense that consisted of conduct that under this chapter would not have resulted in a conviction. (jj) "Edible Cannabis Product" means a Cannabis-Infused Product that is intended to be taken by mouth, swallowed, and is primarily absorbed through the gastrointestinal tract. Edible cannabis-infused products may be psychoactive when used as intended. Without limitation, edible cannabis-infused products may be in the form of food, beverage, capsule, or tablet. (kk) "Female-operated Entity" means a Virgin Islands entity that is owned and controlled by females who are citizens of the United States and residents of the Virgin Islands, in which not less than 51% of the ownership interest is held by females and the management and daily business operations of which are controlled by one or more females, or, in the case of a corporation that has issued stock, of which not less than 51% of the capital stock is owned by one or more females. (ll) "Financial Interest" means any right or entitlement to any portion of revenue or profit from the sales of a Cannabis Business, including a Reasonable Royalty or Permitted Interest. A Financial Interest does not include an Indirect Interest. Except as otherwise provided by this chapter, a Financial Interest holder may not exercise control over the Cannabis Business. A holder of the Financial Interest may not be a publicly traded company or consist of any other multipart corporate structure that, in the discretion of the OCR, renders it impracticable or impossible for the OCR to conduct its background investigation on all relevant parties and beneficiaries of the applicant or that limits or prevents full and direct transparency to underlying direct or indirect ownership, beneficial or otherwise. (mm) "Financial Interest Holder" means any person entitled to a Financial Interest pursuant to this chapter, including a Reasonable Royalty Holder and a Permitted Interest Holder. A Financial Interest Holders is not an Unaffiliated Third Party. (nn) "Flowering Canopy" means the total square feet of all Flowering Cannabis Plants on the Licensed Premises of a Cannabis Cultivation Licensee. (oo) "Flowering Cannabis Plant" means a Cannabis plant in a light cycle intended to stimulate the production of flowers, trichomes, and cannabinoids characteristic of cannabis. (pp) "Immature Cannabis Plant" means a Cannabis plant that is its initial vegetative stage, and has not yet entered flowering stage. (qq) "Immediate Family Member" means a spouse, parent, or child. (rr) "Indirect Interest" means any interest in a Cannabis Business License that does not rise to the level of a Financial Interest. An Indirect Interest may include but is not limited to a person's right to receive commercially reasonable rent payments on a fixed basis pursuant to a bona fide lease agreement, secured or unsecured loans, or security interest in fixtures or equipment with a direct nexus to the cultivation, manufacture, sale, transportation, or testing of Cannabis, a consulting fee on a fixed basis for services that are allowed under this chapter, or a person who receives a bonus as an employee if the employee is on a fixed wage or salary and the bonus is based on a written incentive/bonus program that is standard and customary for the services rendered. Except as otherwise provided by this chapter, an Indirect Interest holder shall neither exercise control of nor be positioned to enable the exercise of control over the Cannabis Business or Cannabis Business Licensee. A holder of an Indirect Interest is not an Unaffiliated Third Party. (ss) "Interest" means any Financial Interest or Indirect Interest in a Cannabis Business or Cannabis Business License. A holder of an Interest is not an Unaffiliated Third Party. (tt) "Inventory Tracking System" means an electronic tracking system approved by the OCR pursuant to section 791 that all licensees are required to utilize, that tracks Cannabis Items from either the seed or immature plant stage until the Cannabis Item is sold to a retail user or is destroyed. Cannabis Business Licensees may utilize a third-party seed-to-sale tracking system if s the system is approved by the OCR and is able to transmit the required information to the "Inventory Tracking System". (uu) "Licensee" or "License" means a person licensed pursuant to this chapter. Cannabis Licensees include Cannabis Cultivation Licensees, Cannabis Manufacturing Licensees, Cannabis Testing Facility Licensees, and Medical Cannabis Dispensary Licensees. (vv) "Licensed Premises" means the premises specified in an application for a license under this chapter, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, or sell Cannabis Items in accordance with this chapter. (ww) "Limited Access Area" means a building, room, or other contiguous areas upon the Licensed Premises where Cannabis Items are cultivated, manufactured, stored, weighed, packaged, sold, or processed for sale under control of the Licensee. (xx) "Majority Ownership" or Majority Owner" means a person or group of persons who are owners of, or control 51% or more of the equity interest, voting rights, and profits interest in a Cannabis Business on a fully diluted basis. (yy) "Manager" means any person who is not an owner or holder of a Financial Interest and to whom a licensed Cannabis Business has delegated discretionary authority to organize, direct, carry on or supervise day to day operations. (zz) "Medical Cannabis Patient Card" means a document or card issued by the OCR that identifies a person as a registered Qualified Patient or registered Designated Caregiver; or documentation that is deemed a Medical Cannabis Patient Card pursuant to section 780. (aaa) "Medical Cannabis Certification" means a Medical Cannabis Registry Form signed by a licensed practitioner, certifying that in the practitioner's professional opinion, the patient has a Qualifying Medical Condition. (bbb) "Medical Cannabis Registry Form" means a form created by the OCR for the purposes of a practitioner certifying an individual as a Qualified Patient. (ccc) "Medicinal Use" includes the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of Cannabis or paraphernalia relating to the administration of Cannabis to treat or alleviate a registered Qualified Patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. The term does not include: the cultivation of Cannabis by a nonresident cardholder; the cultivation of Cannabis by a cardholder who is not designated as being allowed to cultivate on the cardholder's Medical Cannabis Patient Card; or the extraction of resin from Cannabis by solvent extraction unless the extraction is done by a Cannabis product manufacturing facility. (ddd) "Merit-Based Application Process" means the process, as described in sections 777 and 787, by which the OCR awards Cannabis Licenses. (eee) "Micro - Cultivation Permit" or "Micro -Cultivation Permittee" means an individual, or group of individuals, authorized pursuant to this chapter to operate a business at a specific location as described in section 794 that allows for the small-scale cultivation of Cannabis for commercial sale to a Cannabis Licensee. (fff) "Micro - Cultivation Site" means the specific location within an address, as designated by a Micro- Cultivation Permittee, where the small-scale cultivation of Cannabis for commercial sale to a Cannabis Licensee is permitted to occur. (ggg) "Minority Ownership" or "Minority Owner" means a person who is an owner or controls less than 50% of a Cannabis Business on a fully diluted basis. (hhh) "Modification of Licensed Premises" means the substantial change in the use or structure of a Cannabis Licensee's Licensed Premises as described in sections 790 - 796. (iii) "Non-resident Cannabis Fee" means a fee charged to non-resident customers of a Cannabis Dispensary as described in section 802. (jjj) "Nonresident Medical Cannabis Patient Card" means valid documentation that exempts the individual from criminal prosecution for the purchase, possession, and use of Cannabis for medicinal purposes under the laws of the issuing state or jurisdiction, and indicates all the following: The issuance of the card is conditioned upon a practitioner advising the individual that the medicinal use of cannabis may mitigate symptoms or effects of the person's medical condition; (1) The card has an expiration date or requires periodic re-evaluations, the period of required re- evaluation has not passed, and the card has not yet expired; (2) The designated cardholder has been diagnosed with a debilitating medical condition, or is the parent, guardian, conservator, or other person with authority to consent to the medicinal treatment of a person who has been diagnosed with a debilitating medical condition; (3) The designated cardholder is not a resident of the Virgin Islands or who has been a resident of the Virgin Islands for less than 45 days; (4) The card issued is currently valid and is similar to the Virgin Islands Medical Cannabis Card or the equivalent of a Medical Cannabis Card registered and authorized by another state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that allows the person to use cannabis for medicinal purposes in the jurisdiction of issuance; (5) The cardholder has submitted any documentation required by the OCR and has received confirmation of registration; and (6) The cardholder is otherwise a Qualified Patient as defined in this chapter. (kkk) "Office of Cannabis Regulation ("OCR")" means the government agency charged with implementing this chapter and administering its provisions and regulations. (lll) "Onsite Consumption Permit" means a permit issued to a Cannabis Licensee authorizing limited onsite consumption of Cannabis at the Licensed Premises. (mmm) "Owner" means a natural person or business entity that owns any share of stock or membership interest in a Cannabis License, including but not limited to, the officers, directors, members, or partners of the Cannabis Licensee, and any person in receipt of or who has the right to receive any share of the revenues or profits derived from the Cannabis Business that is not a Financial Interest approved by the OCR. "Owner" includes all types of legal entities, individually or as a group, that may be formed as comingled or derivative ownership structures for the purpose of being an owner or participating, in any manner, in the rights and/or privileges typically reserved for Owners. "Owner" for purposes of this chapter does not include an owner who holds the License or shares or any other interests in any entity, for which he or she is not the actual beneficial owner. (nnn) "Permitted Interest" means a right to obtain an ownership interest, right to control, or share of profits or revenues in a Cannabis License pursuant to a Permitted Interest Agreement where the holder of such Permitted Interest is a natural person who is a lawful U.S. citizen whose right to ownership in the Cannabis License is contingent on the Permitted Interest Holder's qualification, approval by the OCR, and licensure as an Owner. A "Permitted Interest" is a Financial Interest. (ooo) "Permitted Interest Agreement" means the agreement between the Permitted Interest Holder and Cannabis Licensee setting forth the terms and conditions upon which the Permitted Interest Holder has a right to obtain ownership interest, right to control, or share of profits or revenues in a Cannabis License. A Permitted Interest Agreement may be in the form of a convertible debt option, option agreement, warrant or any other agreement as defined by the OCR. (ppp) "Permitted Interest Holder" means the holder of a Permitted Interest. A "Permitted Interest Holder" is a Financial Interest Holder and must be a natural person who is a lawful U.S. citizen. (qqq) "Person" means a natural person, partnership, association, company, corporation, limited liability company, organization, trust or similar entity, estate, joint venture, or a Manager, agent, owner, director, servant, officer, or employee thereof; except that "Person" does not include any governmental organization. (rrr) "Pesticide" means (1) a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or (2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. For the purposes of this chapter, the definition includes herbicides regulated under Federal Insecticide, Fungicide and Rodenticide Act. (sss) "Practitioner" means a person who is licensed and in good standing in the Virgin Islands as a medical doctor, osteopath, naturopath, homeopath, chiropractor, practitioner's assistant who maintains, in good standing, a license to practice medicine issued by the Virgin Islands or with respect to any non-resident medical cannabis card, any practitioner or other person qualified under the laws of the jurisdiction of residence of any non-resident to prescribe Cannabis. (ttt) "Qualifying Medical Condition" means: 1. Cancer; 2. Glaucoma; 3. Positive status for Human Immunodeficiency Virus (HIV); 4. Acquired Immune Deficiency Syndrome (AIDS); 5. Hepatitis C; 6. Amyotrophic Lateral Sclerosis (ALS); 7. Crohn's Disease; 8. Parkinson's Disease; 9. Post-Traumatic Stress Disorder; 10. Multiple Sclerosis; 11. Severe nausea; 12. Autism; 13. Any condition for which a practitioner would prescribe an opiate for pain; or 14. Any other conditions as certified in writing by a practitioner that, in the professional opinion of the practitioner, the potential benefits of the medicinal use of cannabis would likely outweigh the health risks for the Qualified Patient. (uuu) "Qualified Patient" means (1) an individual 21 years of age or older with legal responsibility for their own medical decisions and who possesses a valid, signed Medical Cannabis Certification Form or Nonresident Medical Cannabis Card, or (2) an individual less than 21 years of age or who otherwise is not legally responsible for their own medical decisions, with a valid, signed Medical Cannabis Certification Form or Nonresident Medical Cannabis Patient Card and consent of their legal parent or guardian for the above Medical Cannabis Patient Cards. (vvv) "Reasonable Royalty" means a right to a royalty payment for the use of licensed Intellectual property in the form of technology, brands, trade secrets, trademarks, copyrights, or other intellectual property approved by the OCR related to the production, sale, or distribution of Cannabis or Cannabis Items based on the value of gross revenue generated from the manufacturing or processing of Cannabis or Cannabis Products. While no specific percentage of such revenue can be deemed reasonable for purposes of this section, whether a rate is reasonable is subject to the discretion of the OCR pursuant to factors set forth by the OCR in accordance Virgin Islands law, and in no event shall the OCR approve an agreement for a Reasonable Royalty where the agreements transfer more than 30% of the gross wholesale revenue of the Cannabis Business derived from the use of the licensed intellectual property to the Reasonable Royalty Holder. (www) "Reasonable Royalty Holder" means any person who receives a Reasonable Royalty in exchange for a Licensee's use of the Reasonable Royalty Holder's intellectual property. A Reasonable Royalty Holder may not exercise control over the Cannabis Business unless the holder is also an owner. Notwithstanding anything herein to the contrary, provisions in licensing agreements whereby the Reasonable Royalty Holder imposes reasonable requirements to protect its intellectual property, standard and customary in the agreements, may not be considered evidence of control over a Cannabis Business. The provisions include, but are not limited to, quality controls and regulations governing marketing and advertising. A Reasonable Royalty Holder is a Financial Interest Holder. (xxx) "Resealable" means that the package continues to function within the effectiveness specifications, which are established by the OCR similar to the federal "Poison Prevention Packaging Act of 1970", 15 U.S.C. sec.1471 et seq., for the number of openings and closings customary for its size and contents. (yyy) "Resident" means any natural person who currently resides in the Territory and has resided in the Territory for 10 of the last 15 years prior to applying for any license or permit, or who qualifies under title 29, section 1003(9)(c) of the Virgin Islands Code, in addition to and including those who would have graduated from a high school in the Virgin Islands but for a temporary re-location due to a natural disaster; and who maintains residency in the Territory and who is subject to personal income tax in the Territory for the entire period such person holds title to a license or permit. (zzz) "Resident-Owned Business" means a business enterprise owned by an individual who is or, by a majority number of individuals, meets the definition of Resident. (aaaa) "Restricted Access Area" means a designated and secure area within a Licensed Premises where Cannabis and Retail Cannabis Products are sold, possessed for sale, and displayed for sale, and where no one under the age of 21 is permitted. (bbbb) "Sacramental Usage" or "Sacramental Use" means lawful use and means of production, transport, and location of use by persons over the age of 21 who are members of an organized religion or faith that is incorporated under title 13 of the Virgin Islands Code who use Cannabis in the sincere exercise of their religion or faith as may be prescribed by the OCR. A Sacramental User who desires to grow Cannabis in furtherance of the sacramental use of Cannabis must register with the OCR pursuant to the requirements of this chapter and the rules of the OCR. (cccc) "Sale" or "Sell" means to exchange for remuneration, to solicit or receive, and order through a Licensee licensed under this chapter, to deliver for value in any way other than gratuitously, to peddle or possess with intent to sell, or to traffic in for any consideration. (dddd) "School" means a child-care or day-care facility, public or private preschool, or a public or private elementary, middle, junior high, or high school. (eeee) "Service-Disabled Veteran" means a veteran who is a citizen of the United States and resident of the Virgin Islands pursuant to 29 V.I.C. § 1003(9), with a service-connected disability as determined by the United States Department of Veterans Affairs or who has been terminated from military service by reason of disability by the United States Department of Defense. (ffff) "Service-Disabled Veteran-Operated Entity" means a Virgin Islands entity that is owned and controlled by service-disabled veterans in which not less than 51% of the ownership interest is held by service- disabled veterans and the management and daily business operations of which are controlled by one or more service-disabled veterans, and whose majority ownership also meets the residency requirement in § 786(a)(7) or, in the case of a corporation that has issued stock, of which not less than 51% of the capital stock is owned by one or more service-disabled veteran, on a fully diluted basis. (gggg) "Shipping Container" means any container or wrapping used solely for the transport of Cannabis Items in bulk to other Cannabis Licensees. (hhhh) "Smoking" means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains Cannabis. Smoking does not include vaporization, sublimation, or any other chemical. (iiii) "Temporary Cannabis Use Permit" or "Temporary Cannabis Use Permittee" means a person permitted to organize and operate an event that allows for the consumption of Cannabis in a designated area, subject to applicable regulations. (jjjj) "Transportation Manifest" means a document created by the Inventory Tracking System that enables a Cannabis Licensee to transport Cannabis Items and designates the time, the quantity of Cannabis Items, and receipt of Cannabis Items. (kkkk) "Unaffiliated Third Party" means, in the case of a Cannabis Dispensary or Cannabis Production Licensee, a person who has no ownership or financial interest, direct or indirect, in that Cannabis Dispensary or Cannabis Manufacturing Licensee and, in the case of a Cannabis Dispensary, a person who has no ownership or financial interest, direct or indirect, in that Cannabis Dispensary or Cannabis Manufacturing business. A Financial Interest Holder or a person who holds an Indirect Interest is not an Unaffiliated Third Party. (llll) "Unreasonably Impracticable" means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a Cannabis Business establishment is not worthy of being carried out in practice by a reasonably prudent business person. (mmmm) "Written Certification" means a document dated and signed by a practitioner, stating that in the practitioner's professional opinion the patient is likely to receive therapeutic or palliative benefit from the medicinal use of Cannabis to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. A written certification must affirm that it is made during a bona fide practitioner-patient relationship and must specify the Qualified Patient's Qualifying Medical Condition. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 302-315; amended Oct. 31, 2024, No. 8925, § 1(a), Sess. L. 2024, p. -.

(a) There is created, the Office of Cannabis Regulation ("OCR"), as part of the Department of Licensing and Consumer Affairs, with the executive authority to implement this chapter and administer the provisions including, but not limited to, rulemaking authority. The OCR shall exercise its powers and perform its respective duties and functions as specified in this chapter and shall have full and exclusive authority to: (1) Promulgate rules and regulations related to the cultivation, manufacture, sale, dispensary, testing, licensing, and use of Cannabis, prescriptive use of Cannabis, and Sacramental Use being necessary for efficient administration of its duties, as set forth in this chapter not later than 180 days of enactment of this chapter; and may include any amendments to such regulations from time to time. No regulation adopted by the OCR, shall make it unreasonably impracticable to operate or issue any licenses or permits; (2) Establish reasonable production limits governing the cultivation of Cannabis, in the interest of preventing oversaturation within the Territory; (3) Establish defined geographical zones within which Cannabis cultivation, manufacturing, production, dispensing, consumption, and related business activities may occur as a means of facilitating control and enforcement; (4) Promulgate rules and regulations related to the inter-island transport of Cannabis Items between Cannabis Licensees under this chapter. Before enacting any rules and regulations on inter-island transport of Cannabis items, the OCR shall seek formal and legal approval from all relevant local and federal entities; (5) Grant or refuse licenses for the commercial cultivation, manufacture, distribution, and sale of Cannabis as provided by law; (6) Establish the form and content of registration and renewal applications submitted under this chapter and to establish license, permit and application fees; (7) Grant or refuse Permits for the Micro-Cultivation of Cannabis as provided by law; (8) Establish a Merit-Based Application Process to evaluate competing Cannabis Business applicants that includes an analysis of: (A) the suitability of the proposed location and, in the case of dispensaries, its accessibility for patients; (B) the character, veracity, background, qualifications, and relevant experience of applicants, owners, investors, officers and any other relevant proposed Cannabis Business Representatives; (C) the economic benefits that will inure to the residents of the Virgin Islands by local ownership, jobs, and other opportunities; (D) the business plan proposed by the applicant, which, in the case of cultivation facilities and dispensaries must include the ability to maintain an adequate supply of Cannabis, plans to ensure safety and security of patrons, and the protection of the community, as well as procedures to be used to prevent diversion of Cannabis products, and any plan for making Cannabis available to low-income registered Qualified Patients; and (E) the participation of Female-operated Entities, service-disabled veteran-operated Entities, and individuals or groups who have been adversely impacted by the criminal justice system for activities that this chapter now declares legal. (9) Establish procedures governing Cannabis Businesses with the goals of ensuring the health and safety of all users and preventing diversion and theft from the businesses without imposing an undue burden or compromising the confidentiality of users, including: (A) oversight requirements; (B) recordkeeping requirements; (C) security requirements, including lighting, physical security, and alarm requirements; (D) health and safety regulations, including restrictions on the use of pesticides that are injurious to human health; (E) standards for the manufacture of Cannabis products, and both the (F) requirements for the transportation and storage of Cannabis by Cannabis Businesses; including requirements that transportation manifests be kept (G) requirements for banking and transportation of cash deposits; (H) employment and training requirements, including requiring that each Cannabis establishment create an identification badge for each agent; (I) standards for the safe manufacture of Cannabis products, including extracts and concentrates; (J) restrictions on the advertising, signage, and display of Cannabis Dispensaries, but the restrictions may not prevent appropriate signs on the property of a Cannabis Dispensary, listings in business directories, including phone books, listings in Cannabis-related or medical publications, or the sponsorship of health or not-for-profit charity or advocacy events; (K) requirements and procedures for safe, accurate and appropriately childproofed packaging and labeling of Cannabis products; and (L) certification standards for testing facilities, including requirements for independence from Cannabis Businesses whose products are tested by such testing facilities, and equipment and qualifications for personnel; (10) Establish the social equity plan as described in section 799. (11) Establish labeling requirements for Cannabis and Cannabis Products, including requiring that edible Cannabis Products be clearly identifiable, when practicable, with a standard symbol indicating that it contains cannabis, and requiring that Cannabis Products' labels include the following, where applicable: (A) the estimated length of time it typically takes for the product to take effect; (B) warnings to limit additional consumption while waiting for edible cannabis to enter the bloodstream and be fully absorbed; (C) disclosure of ingredients and possible allergens; (D) a nutritional or supplement fact panel; (E) date of expiration; and (F) name and address of the manufacturer. (12) Suspend, fine, restrict, or revoke the licenses or permits upon a violation of this chapter or any rule promulgated pursuant to this chapter; and (13) Impose any penalty authorized by this chapter or any rule promulgated pursuant to this chapter. (b) The OCR shall be governed by an eleven-member board known as the Virgin Islands Cannabis Advisory Board ("the Board"), appointed by the Governor with advice and consent of the Legislature. (1) The Board is comprised of the Commissioner of the Departments of Health, Agriculture, Licensing and Consumer Affairs and Tourism, as ex-officio voting members; one farmer recommended by the Local Food and Farm Council who is unaffiliated with any Cannabis Business Licensees or Permittees or Practitioners; two healthcare practitioners recommended by the Board of Medical Examiners who are knowledgeable in Cannabis medicine; a member of the business community who is unaffiliated with any Cannabis Business Licensees or Permittees or Practitioners; one disability advocate; one representative from the University of the Virgin Islands; one economist or a person with expertise in finance; and the Director of the OCR who serves as an ex officio non-voting member. The term of each member's appointment is three years and each shall serve and be enabled to vote and be qualified to meet a quorum until a successor is appointed and qualified. (2) The Board shall meet no less than six times per year for the purpose of providing oversight and establishing policies to be carried out by the OCR. (3) Members of the Board who are employed by the Government are not entitled to a per diem for their service on the Board, but non-governmental members are entitled to a $75 per day per diem. (4) The Board shall establish a program of regular collaboration with the Industrial Hemp Commission established under title 7 Virgin Islands Code, chapter 13,title 7 Virgin Islands Cod207pter 13 discussion on areas of related regulation. (5) A quorum for meetings and proceedings of the Board shall be established by the presence of six or more members. (6) There is no monetary liability, and no cause of action for damages as a result of any act, omission, proceeding, conduct or decision related to duties undertaken or performed in good faith and within the scope of the function of the Board against any current or former member, officer, administrator, staff member, representative, agent, employee, consultant, witness or any other person serving or having served on the Board, either as a part of the Board's operation or as an individual. (7) Any officer, employee, or any other person serving or having served the Board who must defend against any claim or action arising out of any act or acts that were performed in good faith within the scope of the function of the Board may request in writing, within ten days of service, that the Government defend the action. If the person requesting defense cooperates in good faith in the defense of the claim or action, the Government shall provide and pay for such defense and any resulting judgment, compromise, or settlement. (8) All communication made by or on behalf of any person, institution, agency, or organization to the Board or to any person designated by the Board relating to an investigation or the initiation of an investigation, whether by way of report, complaint, or statement, is privileged. No action or proceeding, civil or criminal, is permitted against a person, institution, agency or organization when a good faith communication was made either on its own behalf or on behalf of another. The protections afforded in this section does not abridge a party's right to due process. (c) Notwithstanding anything provided herein to the contrary, the Board shall further establish: (1) a Virgin Islands Cannabis Testing Facility on each of the three major islands-St. Croix, St. Thomas and St. John-initially operated by private entities awarded annual contracts using the Government of the Virgin Islands' Request for Proposal process, with the Board retaining the authority to establish and direct construction of its own Cannabis Testing Facilities at a later date; (2) educational and certification requirements for Cannabis Business applicants, Licensees, Cannabis Business Representatives, Practitioners; and Cannabis-related businesses including, vendors, transporters, security companies, and other service providers; (3) an approved list of Cannabis Business vendors and qualified Sacramental Usage organizations; (4) rules to ensure that all Cannabis Business establishments are located in and advertised in areas that do not negatively impact enterprises and entities that rely primarily on family and youth participation, such as schools and houses of worship. Rules must address street-level and media-based advertising and marketing guidelines, to ensure that advertising and marketing does not negatively impact family-based enterprises and civic organizations. Rules must also provide that each Cannabis Business must always have comprehensive security systems in place. (5) an approved list of credit unions and other banking institutions, and security firms that Cannabis Businesses can legally and safely utilize; and (6) a recommended list of third-party vendors licensed to do business in the Virgin Islands that Cannabis Businesses can utilize. (d) All rules promulgated by the Board must be published on a Virgin Islands official website. The Board shall provide not less than 30 days for public comment. Not later than 30 days after the period for public comment, the Board shall publish the final rules and proceed with the implementation of the program in accordance with the rules. (e) The Board shall appoint the Director of the Office of Cannabis Regulation for a three-year term, which may be extended. The Director of the OCR has the responsibility to ensure: (1) the ability of Qualified Patients in all areas of the Territory to obtain timely access to Cannabis; (2) the effectiveness of the dispensaries and cultivation facilities, individually and together, in serving the needs of all users, including the provision of educational and support services by dispensaries, the reasonableness of their prices, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve the Territory's residents and visitors; (3) the effectiveness of the Cannabis Testing Facilities; (4) the sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the OCR, to ensure that access to and the use of Cannabis cultivated are provided only to those legally permitted to consume Cannabis; (5) the proposal of additions or revisions to the OCR regulations or this chapter, relating to security, safe handling, labeling, and nomenclature are considered; and (6) research studies regarding the health effects of Cannabis for Qualified Patients and other users are encouraged and conducted. (f) The Director shall hire additional staff as may be required to implement the requirements of this chapter, including consultants, but the OCR must become self-sufficient from the taxes or fees generated not later than two years after the promulgation and adoption of Rules pursuant to this chapter. (g) The Director shall submit a bi-annual administrative report to the Board and the Commissioner of the Department of Licensing and Consumer Affairs, briefly outlining the staff roles, any changes to administrative policies, and any potential administrative issues or needs. (h) The Director shall submit an annual report to the Governor, the Commissioner of Department of Licensing and Consumer Affairs (DCLA); the Legislature of the Virgin Islands, and the Board. The annual report must comprehensively outline compiled data on the program, accomplishments, challenges and recommended regulation changes, including: (1) The number of applications for each type of license or permit processed by the OCR in the prior calendar year, the time between submission of a complete application, the number of licenses and permits approved or denied by type, and the total number of active licenses and permits by type that were valid on a monthly basis for the prior calendar year; (2) An overview of the Cannabis market, including but not limited to actual cultivation and sales volumes for the prior year and anticipated demand and production levels; (3) The amount of revenue generated by Cannabis, including but not limited to taxes, application and License fees, and any other fees paid to the OCR, as well as expenses incurred by the OCR; and (4) Enforcement measures imposed, and a list of Licensees or Permittees against whom enforcement measures were taken. (i) All inspectors and regulatory enforcement officials of the OCR are peace officers pursuant to 5 V.I.C. § 3561. (j) The OCR shall promulgate rules and adopt policies designed to maintain the confidentiality of individually identifiable patient information and records, as well as any confidential or proprietary business information and records. These types of confidential and federally protected records shall also be exempt from the Virgin Islands Public Records law in title 3, chapter 33 of the Virgin Islands Code. The records and information that the OCR obtains shall remain confidential but, unless release is ordered by a court of competent jurisdiction, are not limited to information about a business's operations, sales, financial records, tax returns, credit reports, cultivation information, testing regulations, security information and plans, or any revealing patient information. Any employee of the OCR or the Board, or any entity contracting with or working for the OCR or the Board, directly or indirectly, who discloses any confidential records or information that the OCR or the Board obtains, shall be subject to criminal prosecution punishable by a minimum of one year of imprisonment or a fine of $1000. (k) The Office of Cannabis Regulation is responsible for establishing and overseeing an OCR Enforcement Division, which is tasked with enforcement of all civil, criminal, and regulatory violations related to Cannabis. The OCR Enforcement Division has all the powers of any peace officer to: (1) Investigate violations or suspected violations of this chapter and any rules promulgated pursuant to it. Make arrests, with or without warrant, for any violation of this chapter, any rules promulgated pursuant to it, any other laws or regulations pertaining to Cannabis in this Territory, or any criminal law of this Territory, if, during an officer's exercise of powers or performance of duties pursuant to this chapter the officer believes probable cause exists that a crime related to these laws has been or is being committed; (2) Serve all warrants, summons, subpoenas, administrative citations, notices or other processes relating to the enforcement of laws regulating Cannabis; (3) Assist or aid any law enforcement officer in the performance of his duties upon the law enforcement officer's request or the request of other local officials having jurisdiction; (4) Inspect, examine, or investigate any licensed premises, and any books and records in any way connected with any licensed activity; (5) Require any licensee, upon demand, to permit an inspection of a licensed premises, during business hours or at any time of operation, Cannabis equipment, and Cannabis accessories, or books and records, and, to permit the testing or examination of Cannabis Items; (6) Conduct investigations into the character, criminal history, and all other relevant factors related to suitability of all licensees, permittees, Third Party Vendors, Cannabis Business Representatives, and applicants for Licenses and Permits, and such other persons with a direct or indirect interest in a Cannabis Business or potential Cannabis Business; and (7) Exercise any other power or duty authorized by law and in furtherance of the requirements of this chapter. (l) The OCR shall collaborate with the Virgin Islands Police Department to ensure that the requirements of this chapter and the rules promulgated by the OCR are enforced 24 hours per day, seven days per week. The OCR shall fund and arrange for any necessary training for the Virgin Islands Police Department officers to enforce the provisions of this chapter. (m) All private entities awarded contracts to serve as a Cannabis Testing Facility shall hire 60% of its entire workforce, full-time and part-time, as Virgin Islands residents, and may not have, among its ownership interests or workforce, any conflicting ownership interest of any form with a Cannabis Business establishment in the Territory that will be the subject of such testing services. A Virgin Islands resident for purposes of this subsection is a resident who qualifies under 29 V.I.C. § 1003(9). (2) In subsection (c)(4) by striking the first instance of "cannabis" and inserting "Cannabis Business"; (3) In subsection (f) by striking "enactment of" and inserting "promulgation and adoption of Rules pursuant to".; (4) In subsection (h) by striking "Committee on Health;" (5) In subsection (k) by striking the second sentence; History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 315-322; amended Oct. 31, 2024, No. 8925, § 1(b), Sess. L. 2024, p. -.

(a) The OCR may issue the following types of licenses and permits, which entitles the holder of the license or permit to all the privileges and impose all the restrictions on the holder of license or permit as set forth in this chapter and any rules adopted thereto: (1) Cannabis Cultivation License; (2) Cannabis Manufacturing License; (3) Cannabis Dispensary License; (4) Cannabis Research and Development License; (5) Cannabis Testing Facility License; (6) Adult-Use Lounge Permit; (7) Cannabis Use Permit; (8) Cannabis Temporary Use Permit; (9) Onsite Cannabis Consumption Permit; and (10) Micro-Cultivation Permit; (b) All licenses and permits must be issued to a specific person at a defined location, except that this provision does not prevent a person from applying for more than one license type identified in (a)(1) - (4) of this section that is intended to be operated at the same defined location provided that co-location of the license would not result in a violation of this chapter. The person and location associated with a permit or license may be changed only under the limited circumstances authorized by this chapter and requires approval from the OCR. (c) All licenses and permits are valid for one year unless the OCR authorizes a shorter term. (d) The OCR shall determine the final number of licenses and permits that the OCR will issue based on statistical analysis of supply and demand, public safety concerns, and market survey analyses. The OCR shall consider market and other circumstances in each island district in determining the final number of licenses and permits. In no event shall the number of licenses exceed the quantities set forth in § 787. Two years after the issuance of the first license, the number of licenses must be reviewed, and the OCR shall make written recommendations to the Legislature for possible changes to the limits on numbers of Cannabis Dispensary and Cultivation Licenses. (e) The application, annual and renewal fees charged to all licensees, permittees, Qualified Patients, and Designated Caregivers shall be determined by the Board unless otherwise provided in this chapter. Renewal fees are charged annually in an amount equal to the application fees or as otherwise determined by the Board. The Board has the discretion to adjust all license fees annually. (f) If the OCR revokes a license, a licensee elects to surrender a license, or the OCR issues new or additional licenses, the OCR shall conduct a Merit-Based Application Process to determine whether a new Cannabis License of the same type should be issued. (g) A license authorized by this chapter and issued by the OCR may not be held by, or issued to, directly or indirectly, any person who, at any time within the previous 12 months, held elected office in the executive or legislative branches of the Government of the Virgin Islands, or was employed by the Department of Licensing and Consumer Affairs, the OCR, or who was a member of the Board. No person shall be precluded from owning stock in a publicly-traded corporation on the basis of this provision alone. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 322, 323; amended Dec. 2, 2024, No. 8954, § 4, Sess. L. 2024, p. -.

(a) A Qualified Patient is entitled to all the protections and rights set forth in this chapter. (b) Possession limits for Qualified Patients: (1) Four ounces of Cannabis; (2) One ounce of Cannabis Concentrate; and (3) Two ounces of Cannabis Products. (c) A Qualified Patient, who is also a resident, may possess, use, grow, process, or transport no more than six Flowering Cannabis Plants and six Immature Cannabis Plants for personal medicinal use, provided that the Cannabis Plants are cultivated on private property with the express consent of the landowner and the Cannabis produced from these plants is not sold, nor made available for sale. Notwithstanding the possession limits set forth in subsection (b), a Qualified Patient may possess all the Cannabis produced by Cannabis Plants cultivated at that address provided the cultivation is within the limits set forth herein. The OCR shall set a reasonable annual fee for Qualified Patients or Designated Caregivers to engage in personal use cultivation as per this section, not to exceed $100. (1) Notwithstanding the above, not [more] than more 12 Flowering Medical Cannabis Plants and 12 Immature Cannabis Plants are permitted for personal medicinal use cultivated at any time at a single address unless a Micro-Cultivation Permit has been issued to that address. (2) Flowering Cannabis Plants cultivated pursuant to a Micro-Cultivation Permit are not "for personal use", provided the plants and all Cannabis produced from those plants are clearly segregated and not comingled with the Cannabis Plants for personal medicinal use. (d) Nothing in the chapter shall protect, nor be interpreted to protect, a Cannabis user, including a Qualified Patient, from prosecution for: (1) Operating a motor vehicle or vessel on the road or waters of the Virgin Islands while impaired by Cannabis. Impairment from the use of Cannabis by any individual authorized to use Cannabis pursuant to this chapter is not determined solely by the presence of cannabinoids in the individual's blood or urine, and the courts shall instead consider other relevant evidence; (2) Transfer of Cannabis to any person for remuneration, unless transferor possesses a current and valid license or permit and the transfer is conducted in accordance with this chapter; (3) Knowingly consuming Cannabis Items in a public place that does not possess a valid Adult Use Lounge Permit, Cannabis Use Permit, or Temporary Cannabis Use Permit; or (4) Display or transfer of Cannabis within 250 feet of a cruise ship dock in Charlotte Amalie, Havensight or Crown Bay in St. Thomas and within 250 feet of primary cruise ship dock in Frederiksted or within 250 feet of a cruise ship tender pier in Cruz Bay. (e) A Qualified Patient may designate a Designated Caregiver, who may acquire, possess, cultivate, or administer Cannabis upon the Qualified Patient's behalf. A Designated Caregiver for a Qualified Patient under 21 years of age or not legally responsible for his or her own medical decisions must be designated by that patient's parent or legal guardian. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 323, 324; amended Oct. 31, 2024, No. 8925, § 1(c), Sess. L. 2024, p. -.

Medical Cannabis Patient Cards (a) The OCR shall create and publish a Medical Cannabis Registry Form for practitioners to certify that an individual has a Qualifying Medical Condition and would benefit from access to the medicinal use of Cannabis. The Department of Health shall provide advice and guidance on the creation of the form. (b) The OCR shall create and publish a specific Medical Cannabis Registry Form for Qualified Patients under 21 years of age or not in control of their own medical decisions, which shall require the Qualified Patient's parent or legal guardian's name and signature. (c) The OCR shall notify the Department of Health if it has reason to suspect that a practitioner is providing individuals with a Medical Cannabis Certification Form in a fraudulent manner or in violation of this chapter. (d) Evidence of a practitioner's attestation and signature on Medical Cannabis Registry Forms, certifying an individual as a Qualified Patient, shall be sufficient to provide the individual with all protections entitled to a Qualified Patient. (e) A practitioner shall recommend the medicinal use of Cannabis and provide an individual with a Medical Cannabis Certification Form only after the performance of an in-person examination and determination that the individual has a Qualifying Medical Condition and would benefit from the medicinal use of Cannabis. (f) A practitioner that has an interest in or obtains any financial benefit from a Licensee may not provide an individual a Medical Cannabis Certification Form, nor may that Practitioner's Medical Cannabis Certification be used as the basis for providing an individual with a Medical Cannabis Certification Form. (g) Prior to completing a Medical Cannabis Certification Form for Qualified Patients under 21 years of age or who are not legally responsible for their own medical decisions, a practitioner must obtain the signature of the Qualified Patient's parent or legal guardian. (h) A practitioner shall include an expiration date on all Medical Cannabis Certification Forms that shall not exceed two years from the date of issuance for residents of the Virgin Islands, and that shall not exceed thirty days from the date of issuance for non-residents. The definition of "resident" for purposes of qualifying for the medicinal use of Cannabis, is any individual who has resided in the Virgin Islands for 30 days or more. (i) The OCR shall create a Medical Cannabis Patient Registry and issue Medical Cannabis Patient Cards to Qualified Patients that submit a valid application. (1) The Medical Cannabis Patient Registry, as well as any information obtained in relation to an application to the registry, shall remain confidential and exempt from the Virgin Islands public records law in title 3, chapter 33 of Virgin title 3 Code. (2) A Qualified Patient may apply to the OCR to be listed within the Medical Cannabis Patient Registry and receive a Medical Cannabis Patient Card. The OCR will provide qualified applicants a Medical Cannabis Patient Card that must include, but need not be limited to, the following information: (A) The name of the cardholder; (B) A designation that the cardholder is a Qualified Patient; (C) A random alphanumeric number assigned to the Qualified Patient for purposes of identification in the Medical Cannabis Patient Registry; (D) A phone number and web address where the validity of the Medical Cannabis Patient Card can be verified pursuant to the request of the Qualified Patient; and (E) The expiration date of the Medical Cannabis Patient Card, which must be the same as the date on the Qualified Patient's Medical Cannabis Registry Form. (3) A valid Medical Cannabis Card will be considered the legal equivalent of a valid and signed Medical Cannabis Certification Form. (4) A Designated Caregiver shall be required to possess a Medical Cannabis Caregiver Card to possess or administer Cannabis on behalf of a Qualified Patient. (j) If the Qualified Patient designates a Designated Caregiver, the OCR may designate whether the Qualified Patient or Designated Caregiver will be allowed to possess and cultivate Cannabis plants for the Qualified Patient's medicinal use. (k) If the Qualified Patient is unable to submit the information required under subsection (a) due to the persons' age or medical condition, the person responsible for making medical decisions for the Qualified Patient may do so on behalf of the Qualified Patient. (l) The OCR shall: (1) Verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application not later than 15 days or renewal not later than five days after receiving a completed application or renewal application; and (2) Issue Medical Cannabis Patient Cards to a Qualified Patient and the Designated Caregivers, if any, not later than five days after approving the application or renewal. A Designated Caregiver must have a Medical Cannabis Patient Card for each Qualified Patient for whom the Designated Caregiver is responsible. (m) The OCR may conduct a background check of the prospective Designated Caregiver. (n) The OCR may not issue a Medical Cannabis Patient Card to a Qualified Patient who is younger than 21 years of age unless: (1) The Qualified Patient's practitioner has explained the potential risks and benefits of the medicinal use of Cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the Qualified Patient; and (2) The custodial parent or legal guardian with responsibility for health care decisions for the Qualified Patient consents in writing to: (A) allow the Qualified Patient's medicinal use of Cannabis; (B) serve as the Qualified Patient's Designated Caregiver; and (C) control the acquisition of the Cannabis, the dosage, and the frequency of the medicinal use of Cannabis by the Qualified Patient. (o) The OCR may deny an application or renewal of a Qualified Patient's Medical Cannabis Patient Card only if the applicant: (1) did not provide the required information, fee, or materials; (2) previously had a Medical Cannabis Patient Card revoked; or (3) provided false information. (p) The OCR may deny an application or renewal for a Designated Caregiver chosen by a Qualified Patient whose Medical Cannabis Patient Card was granted only if: (1) The Designated Caregiver does not meet the requirements of title 19, chapter 11, section t2079, chapter 11, section 19 Code; (2) The applicant did not provide the required information; (3) The Designated Caregiver previously had a Medical Cannabis Patient Card revoked; or (4) The applicant or the Designated Caregiver provided false information. (q) The OCR shall give written notice to the Qualified Patient of the reason for denying the issuance of a Medical Cannabis Patient Card to the Qualified Patient or to the Qualified Patient's Designated Caregiver. (r) Denial of an application or renewal is considered a final OCR action, subject to an administrative appeal, as more fully described herein. Denial of the administrative appeal is subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court of the Virgin Islands. (s) Until a Qualified Patient who has submitted an application and the required fee to the OCR receives a Medical Cannabis Patient Card or a rejection, an OCR stamped copy of the individual's application and written certification, serves as proof that the application was submitted to the OCR and is considered a valid Medical Cannabis Patient Card for not more than 30 days or until the application is rejected, whichever is sooner. (t) Until a Designated Caregiver whose Qualified Patient has submitted an application and the required fee receives Medical Cannabis Patient Card or a rejection, an OCR stamped copy of the Qualified Patient's application and written certification, serves as proof that the application was submitted to the OCR and is considered a valid Medical Cannabis Patient Card for not more than 30 days or until the application is rejected, whichever is sooner. (u) Written certifications issued within the previous year are considered Medical Cannabis Patient Cards for a Qualified Patient, for not less than 25 days after the OCR makes applications available for renewal. (v) Written certifications issued within the previous year are considered a Designated Caregiver Medical Cannabis Patient Card for not less than 25 days after the OCR makes applications available for renewal if the following occurs: (1) A copy of a Qualified Patient's valid written certification was issued within the previous year; and (2) A signed affidavit attesting that the person has significant responsibility for managing the well- being of the patient and that the person has been chosen to assist the Qualified Patient. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 325-328; amended Oct. 31, 2024, No. 8925, § 1(d), Sess. L. 2024, p. -.

(a) The OCR shall maintain a confidential list of the persons to whom the OCR has issued Medical Cannabis Patient Cards and their addresses, phone numbers, and registry identification numbers. This confidential list may not be combined or linked in any manner with any other list or database, nor may it be used for any purpose not provided for in this chapter. (b) The OCR shall establish a secure phone or web-based verification system. The verification system must allow law enforcement personnel and Cannabis Businesses to enter a registry identification number and determine whether the number corresponds with a current, valid Medical Cannabis Patient Card. The system must disclose only: (1) whether the identification card is valid; (2) the name of the cardholder; (3) whether the cardholder is a Qualified Patient or a Designated Caregiver; (4) whether the cardholder is permitted to cultivate Cannabis plants; and (5) the registry identification number of any affiliated registered Qualified Patient to a Designated Caregiver. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 328, 329.

(a) The following notifications and OCR responses are required: (1) A registered Qualified Patient shall notify the OCR of any change of name or address, or if the registered Qualified Patient ceases to have a debilitating medical condition, not later than 10 days after the change. (2) A registered Designated Caregiver shall notify the OCR of any change of name or address, or if the Designated Caregiver becomes aware that the Qualified Patient is deceased, not later than 10 days after the change. (3) Before a registered Qualified Patient changes his Designated Caregiver, the Qualified Patient shall notify the OCR. (4) When a registered Qualified Patient changes his preference as to who may cultivate Cannabis for the Qualified Patient, the Qualified Patient shall notify the OCR. (5) If a cardholder loses his or her Medical Cannabis Patient Card, he shall notify the OCR not later than 10 days after becoming aware the card has been lost. (b) Each notification a registered Qualified Patient is required to make may instead be made by the patient's Designated Caregiver if the Qualified Patient is unable to make the notification due to his age or medical condition. (c) When a cardholder notifies the OCR of items listed in subsection (a), but remains eligible under this chapter, the OCR shall issue the cardholder a new Medical Cannabis Patient Card with a new random 10- digit alphanumeric identification number not later than 10 days after receiving the updated information and a fee in accordance with OCR's rules. If the person notifying the OCR is a registered Qualified Patient, the OCR shall also issue his registered Designated Caregiver, if any, a new Medical Cannabis Patient Card not later than 10 days after receiving the updated information. (d) If the registered Qualified Patient's certifying Practitioner notifies the OCR in writing that either the registered Qualified Patient has ceased to suffer from a debilitating medical condition or that the Practitioner no longer believes the patient would receive therapeutic or palliative benefit from the medicinal use of Cannabis, the card becomes void. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 329.

(a) Except as otherwise provided herein, a qualified patient may assert the medicinal purpose for using Cannabis as a defense to any prosecution involving Cannabis, and the defense is presumed valid where the evidence shows that: (1) A practitioner has stated that, in the practitioner's professional opinion, after having completed a full assessment of the Qualified Patient's medical history and current medical condition made in the course of a Bona Fide Practitioner-Patient Relationship, the patient has a debilitating Qualifying Medical Condition and the potential benefits of using Cannabis for medicinal purposes would likely outweigh the health risks for the qualified patient; (2) The qualified patient, if issued a valid Medical Cannabis Patient Card by the OCR, was in possession of not more than 4.0 ounces of Cannabis, the amount of Cannabis products is within the limits allowed by OCR regulations; and (3) The qualified patient was engaged in the acquisition, possession, use, manufacture, or transportation of Cannabis, paraphernalia, or both, relating to the administration of Cannabis to treat or alleviate the Qualified Patient's debilitating Qualifying Medical Condition or symptoms associated with the Qualified Patient's debilitating Qualifying Medical Condition. (b) The defense and motion to dismiss may not prevail if the prosecution proves that: (1) The qualified patient had a Medical Cannabis Patient Card revoked for misconduct; or (2) The purposes for the possession or cultivation of Cannabis were not solely for palliative or therapeutic use by the qualified patient with a debilitating Qualifying Medical Condition who raised the defense. (c) If a qualified patient demonstrates the individual's medicinal purpose for using Cannabis, the qualified patient is not subject to the following: (1) disciplinary action by an occupational or professional licensing board or bureau; or (2) forfeiture of any interest in or right to any property other than Cannabis. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 332, 333; amended Oct. 31, 2024, No. 8925, § 1(f), Sess. L. 2024, p. -.

An adult over the age of 21 may possess up to: (a) Two ounces of Cannabis; (b) Fourteen grams of Cannabis Concentrate; and (c) One ounce of Cannabis Products. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 333.

(a) Ownership; Minimum Requirements for Cannabis License: (1) An applicant for a Cannabis License must be composed of owners, principals, or members, each of whom is 21 years of age or older and meets the suitability requirements set forth in this chapter. (2) Only owners may control or hold a partnership interest, limited or general, a joint venture interest, or ownership of a share or shares in a Licensee. (3) An applicant for a license that is a Business Entity must be organized under title 13 or title 26 of the Virgin Ititle 13ode. (4) A license may not be held by a person comprised of individuals, any of whom has been convicted of a Disqualifying Felony Offense. (5) An applicant for a license must demonstrate that they possess available funds in their control and financial capital as required by the OCR, which includes evidence in the form of bank statements, irrevocable lines of credit, or the equivalent showing that the applicant has sufficient resources to operate. (6) A licensee shall submit to the OCR for approval all Financial Interests and each holder of a Financial Interest must be approved by the OCR before such Financial Interest holder may accept any portion of the licensee's revenue, or exercise any of the privileges of the Financial Interest. (7) Residency Requirement. All partnerships, employee cooperatives, associations, nonprofit corporations, corporations, and limited liability companies applying for ownership of a license must be formed under the laws of the Virgin Islands with its principal place of business in the Virgin Islands. Majority Owners must be residents of the Virgin Islands, as defined in § 776(ww). If a licensee does not have a Majority Owner, then at least 51% of the entity holding the license, on a fully diluted basis, must be owned by residents of the Virgin Islands as defined in § 776(ww). (b) Control. No person other than an owner has the authority to exercise control over a licensee. It is unlawful and a violation of public safety for any person who is not an owner to have control over the management or day-to-day operations of the licensee. Authority given to a Manager approved by the OCR to manage day-to-day operations of the licensee under the direction of the owners is not considered control for the purposes of this chapter. Whether a person exercises control is determined by whether the person takes or is authorized to take the following actions: (1) Exercises final decision-making authority over operations of the business; (2) Directs the day-to-day operation of the business, except that Managers may direct the day-to-day operations subject to oversight by owners pursuant to a lawful employment contract; (3) Is liable for the taxes and fees or other obligations of the licensee; (4) Acknowledges liability for the Licensee's taxes and fees; (5) Has authority to disburse funds of the business other than the receipt of regularly replaced items of stock; (6) Makes final policy decisions relative to the operations of the business; or (7) Has voting rights or the right to obtain voting rights in the Licensee. (c) Ongoing Suitability Requirements. An applicant for a license has an affirmative duty to notify the OCR in writing of: (i) any Disqualifying Felony Offense under sections 776(hh) and 791(c)(5) against an owner not later than 10 days of the person's arrest and not later than 10 days of disposition; or (ii) any change in residency disqualifying any owner pursuant to section 786(a)(7), not later than 10 days after the change. Upon determination by the OCR that an owner associated with the licensee is no longer suitable under this chapter, the licensee has 90 days to remove the disqualified person from association with the license unless otherwise extended by the OCR for good cause. Failure to remove the disqualified person in accordance with this section may be grounds for denial, suspension, revocation, or administrative action. (d) Requirements Applicable to Financial Interest Holders. (1) Approval Required. A licensee shall disclose all Financial Interests at the time of the initial application, change of ownership, change of business structure, renewal, and at any other time requested by the OCR. A licensee may not permit any person to hold a Financial Interest in a license unless and until the person's Financial Interest has been disclosed to and approved by the OCR. It is unlawful to fail to completely report all Financial Interests in each license. Failure to seek pre- approval of a Financial Interest or Financial Interest Holder may form the basis for denial or administrative action against the licensee. Each Financial Interest in a license and any amendment, transfer, or assignment of a Financial Interest must be approved. (2) Required Agreement. A licensee seeking to apply for a Financial Interest shall submit a copy of the contract between the licensee and the proposed Financial Interest Holder. The agreement between the parties must be approved by the OCR and is void and of no effect until and unless approved by the OCR. The agreement is subject to rules promulgated by the OCR, which must at a minimum: (A) Prevent the transfer or assignment of the Financial Interest, and must contain a provision requiring that any funds exchanged pursuant to the agreement may not be provided until the OCR approves the agreement in writing; (B) Include representations and warranties by the Financial Interest Holder that its investment is passive and has no entitlement or expectation of being able to have any control, participation in, or investment in the licensee except as permitted in the agreement as approved by the OCR; (C) Include representations and warranties by all parties that the agreement and the relationship between the parties is contingent upon approval of the OCR and that the proposed Financial Interest Holder has no entitlement to or expectation of the OCR approving the Financial Interest; (D) Contain an acknowledgment that the agreement and relationship between the parties is contingent upon the approval of the OCR; and (E) Contain an acknowledgment and agreement by both parties that the decision of the OCR to approve or deny the Financial Interest is final and wholly discretionary and any administrative or judicial review of the determination by the OCR will only occur through licensing or enforcement proceedings involving the licensee. (3) Investigation and Disclosures. (A) The OCR shall conduct a financial investigation as well as a criminal background investigation of all Financial Interest Holders to determine whether the Financial Interest Holder is qualified. After licensure, a Financial Interest Holder must continue to disclose the source of funds for all money relating to the Financial Interest in the license. The OCR must approve these funds prior to the funds being used in any manner by the licensee. (B) As a part of its application, a licensee seeking to obtain approval of a Financial Interest shall provide evidence to establish that the person seeking to become a Financial Interest Holder, including all members of any business entity seeking to become a Financial Interest Holder, are lawful residents of the United States, and shall provide documentation satisfactory to the OCR verifying and confirming the funds used for the Financial Interest were lawfully earned or obtained. (C) The OCR may deny an application for a Financial Interest Holder, or any person who may participate in such interest if its investigation of the applicant results in a determination that the holder is not suitable to hold a Financial Interest, is not of good moral character, or has not fully disclosed its sources of funds or interest in the license. (4) Ongoing Suitability Requirement. (A) The Financial Interest Holder and the licensee is subject to an ongoing duty to disclose in writing to the OCR all events which may reasonably disqualify the Financial Interest Holder from having an Interest in a License, no later than 10 days after receiving notice of the event. (B) If at any time the OCR finds any Financial Interest Holder is not qualified, the OCR may require the licensee to terminate its relationship, including but not limited to all financial relations, with the Financial Interest Holder within a specified time by providing written notice to the licensee. Failure to terminate the relationship and financial ties within the specified time may be a basis for administrative action against the licensee. (5) Requirements-Permitted Interest Holders. (A) An application for a Permitted Interest must be initiated by the licensee and must include a sworn affirmation from the applicant and proposed Permitted Interest Holder on forms prescribed by the OCR that the Permitted Interest Holder will not exercise control, or have any right to control, the license, until such time as the Permitted Interest Holder is licensed as an owner. (B) Conversion from a Permitted Interest to an owner occurs pursuant to rules promulgated by the OCR and the terms of the Permitted Interest Agreement between the Licensee and Permitted Interest Holder, but in no event can the conversion occur until such time as the Permitted Interest Holder meets all qualifications for licensure and ownership pursuant to this chapter and any rules promulgated pursuant to this chapter. (C) The licensee or Permitted Interest Holder may initiate a conversion of a Financial Interest to Owner pursuant to the terms of the Permitted Interest Agreement by application to the OCR. (D) The approval of the Permitted Interest Holder by the OCR is wholly discretionary, and the OCR may, at any time, deny approval of the Permitted Interest or find that the Permitted Interest is no longer qualified. The Permitted Interest shall be terminable immediately upon such determination. (6) Requirements-Reasonable Royalty Holders. (A) An application for a Reasonable Royalty must be initiated by the licensee pursuant to rules promulgated by the OCR and must include a sworn affirmation from the applicant and proposed Reasonable Royalty Holder on forms prescribed by the OCR that the Reasonable Royalty Holder will not exercise control, or have any right to control, the licensee except as otherwise permitted by this chapter or the rules promulgated thereto. Any violation of this subparagraph may be the basis for criminal or administrative action against the applicant for a license or Financial Interest. (B) The approval of the Reasonable Royalty Holder by the OCR is wholly discretionary, and the OCR may, at any time, deny approval of the Reasonable Royalty or find that the Reasonable Royalty Holder is no longer qualified. The Reasonable Royalty shall be terminable immediately upon such determination. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 333-337.

(a) The OCR shall create and furnish forms for the application for a license and promulgate regulations governing the application, review, issuance, denial, and renewal of a license. (b) In accordance with the provisions set forth in section 778, the OCR may issue the following licenses on the island of St. Thomas: (1) Up to seven Cannabis Dispensary Licenses; and (2) Up to 15 Cannabis Cultivation Licenses. (c) In accordance with the provisions set forth in section 778, the OCR may issue the following Cannabis Licenses on the Island of St. John: (1) Up to three Cannabis Dispensary Licenses; and (2) Up to five Cannabis Cultivation Licenses. (d) In accordance with the provisions set forth in section 778, the OCR may issue the following Cannabis Licenses on the Island of St. Croix: (1) Up to seven Cannabis Dispensary Licenses; and (2) Up to 15 Cannabis Cultivation Licenses. (e) A licensee that receives a Cannabis Dispensary License may also receive a Cannabis Cultivation License. The remaining Cannabis Cultivation Licenses authorized for issuance above must be issued to persons that do not possess a Cannabis Dispensary License. Notwithstanding this subsection, a Cannabis License is transferable in accordance with this chapter and there is no requirement that a Cannabis Dispensary Licensee must possess a Cannabis Cultivation License. (f) The OCR may issue additional licenses after January 1, 2025, provided it has conducted a study demonstrating that demand for Cannabis Items in the Virgin Islands exceeds or is projected to exceed within 24 months the current supply of Cannabis Items being produced by all Cannabis Manufacturing Licensees, Cannabis Cultivation Licensees, and Micro-Cultivation Permittees, subject to the authorization of the Legislature and approval of the Governor. (g) Merit-Based Application Process. The OCR shall issue licenses only pursuant to a formal Merit-Based Application Process, whereby Cannabis Licenses are awarded to persons with the highest application score for the specific license type and on the specific island being sought based on certain criteria set forth by the OCR. (1) The regulations governing a Merit-Based Application Process, including the process for scoring and points allocated, shall be adopted no later than 60 days prior to the application deadline. The criteria for scoring applications using the Merit-Based Application Process must include consideration of the following in a points-based system: (A) Past Virgin Islands taxes paid and evidence of compliant return filing and payment of taxes; (B) Experience of the applicant in operating a regulated business; (C) Whether an applicant has had a license suspended or revoked for operating a Cannabis Business; (D) Proposed odor filtration systems; (E) Criminal background; (F) Proposed security measures; (G) Proposed operating plans; (H) Proposed staff training plans; (I) Proposed Inventory Tracking and illicit diversion prevention plans; (J) Proposed community engagement and cooperation plans including evidence of support from community members; (K) Evidence of adequate capital and liquidity; (L) Evidence of charitable contributions or scholarships; (M) Evidence that the applicant is a female-operated entity and/or a service-disabled veteran- operated entity; (N) Evidence that the applicant, includes in its proposed ownership class, individuals who have been adversely impacted by the criminal justice system for activities that this chapter now declares legal, including, but not limited to individuals who are members of groups who have been subject to unjust targeting by the criminal justice system for sacramental activities that utilize Cannabis. (2) Other criteria subject to evaluation include establishing a system to evaluate competing applications for Adult Use Lounge Permit, such as: (A) an analysis of the geographical area in which the proposed Adult Use Lounge would operate, including with respect to information on criminal activity in the area; (B) the proximity of the proposed adult use lounge to any existing or prospective Cannabis Dispensaries; (C) the proximity of the proposed Adult Use Lounge to any school or religious institution, and (D) promotion and ensuring the safety and health of consumers. (3) The OCR shall review all applications submitted to a Merit-Based Application Process and publish a list of successful applicants, as well as the score for each applicant, no later than 90 days after the application deadline. (4) The OCR shall promulgate rules governing the requirements for a license application, which shall include, at a minimum: (A) Applicant's fingerprints; (B) Personal history information concerning the applicant's qualifications for a license based on forms prepared by the OCR, including at a minimum the name, all mailing addresses for the past 15 years, e-mail address, telephone number, and social security number of each proposed owner and Financial Interest Holder; (C) If the applicant for a license or Financial Interest is a business entity, the following: (i) If the applicant is a partnership, including a limited partnership, the name and percentage interest of each partner holding any interest in the partnership on both a current and on a fully diluted basis, the partnership agreement, and certification of residency for each partner; (ii) If the applicant is a limited liability company, the name and percentage interest each member holding any membership interest, the limited liability company agreement, the name of each officer, and certification of residency for each member, on both a current and on a fully diluted basis; (iii) If the applicant is a corporation, each owner of any of the corporation's stock, the certificate of corporation, a copy of its articles of incorporation or organization, the name of each corporate officer, a list of all shareholders with a percentage of ownership, and certification of residency for each shareholder, on both a current and on a fully diluted basis; (iv) A list of all officers with day-to-day operational control over the business. (v) For each business entity, owner, and Financial Interest Holder of an applicant, all requested information concerning financial and controlling associations and interests of other persons associated with the business, and classes of stock or membership interests, on both a current and on a fully diluted basis; (D) Evidence that the applicant is qualified to do business in the Virgin Islands; (E) Supporting documentation to establish the following: (i) That the applicant, including each majority owner, meets the residency requirement in section 776(ww) including the dates when residency in the Virgin Islands began for each resident that has any ownership interest in the applicant; (ii) That all owners and Cannabis Business Representatives of the applicant are not less than 21 years of age; and (iii) That the applicant and its Cannabis Business Representatives do not have any Disqualifying Felony Offense as set forth in section 776(hh). (F) Identification of all civil litigation in the past 10 years and all criminal convictions in the person's history for any owner, Financial Interest Holder, Cannabis Business Representative, executive officer, director, and Manager of the applicant; (G) A description of the corporate structure of the applicant, including any parent, intermediary, or subsidiary of the applicant, and whether any parent or subsidiary is publicly traded on a securities exchange and whether the person bears any relationship to the licensee on both a current and on a fully diluted basis; (H) A description of all outstanding securities, including a clear diagram with descriptions of corporate structure, capitalization, and ownership including voting rights, of the applicant and its holding company's subsidiary and intermediary companies and a list of all holders thereto on both a current and on a fully diluted basis; (I) For each license applicant and Financial Interest Holder, documentation verifying and confirming the lawful source of funds used for the operation of the proposed business; (J) The address and a detailed diagram of the proposed Licensed Premises showing all areas of ingress, egress, placement of cameras, and boundaries of the premises; (K) Proof of possession of the proposed Licensed Premises by applicant; (L) A proposed emergency response plan; (M) An affidavit by each owner and Financial Interest Holder declaring, under penalty of perjury, that the information contained in its application is accurate, true and complete in all material aspects. (N) Federal employer identification number of the applicant; (O) Proof of application for a Virgin Islands business license; (P) Remittance of the required fees. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 337-341; amended Oct. 31, 2024, No. 8925, § 1(g), Sess. L. 2024, p. -.

(a) The OCR shall create and furnish forms for the application for a permit and promulgate regulations governing the application, review, issuance, denial, and renewal of a permit. (b) The OCR shall only issue a permit to an applicant that meets the minimum criteria contained in this title and any rules adopted thereto. (1) A Micro-Cultivation Permit shall only be issued to a single individual, with a valid farming license from the Department of Agriculture, at a specific location. (2) Micro-Cultivation Permittees must be current residents of the Virgin Islands for not less than three years and must have no less than seven years of cumulative residency during the permittee's lifetime, by the date of application. A Micro-Cultivation Permit shall immediately become void if the permittee ceases to be a Virgin Islands resident. (3) A Cannabis Use Permit shall be issued to persons at a specific location. (4) A Temporary Cannabis Use Permit shall be issued to persons at a specific location. (5) An Adult Use Lounge Permit shall be issued to persons at a specific location. (6) An Onsite Consumption Permit shall be issued to persons that possess a Cannabis Cultivation License and at the location where a Cannabis Cultivation License is issued. (c) For individuals associated with the application for a Cannabis Permit, the OCR shall review the criminal history and history of compliance with this chapter and any rules adopted thereto prior to issuing a Cannabis Permit. A Cannabis Permit may be issued to an individual that has discharged the sentence for a conviction for a Disqualifying Felony Offense. (d) The OCR shall review and may conduct a site-visit of the location for which the Cannabis Permit is sought. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 341, 342; amended Oct. 31, 2024, No. 8925, § 2(a), Sess. L. 2024, p. -.

(a) The OCR shall create and furnish forms for the renewal of an existing license or permit and create rules governing procedures for the renewal of an existing license or permit. (b) Ninety days prior to the expiration date of an existing License or Permit, the OCR shall notify the licensee or permittee of the expiration date by first-class mail at the licensee's address of record with the OCR. (c) A licensee or permittee shall apply for the renewal of an existing license or permit to the OCR not less than 30 days prior to the date of expiration without being subject to penalty. (d) The OCR shall adopt policies governing the administrative continuance of a license or permit that has expired pending review of a renewal application. (e) A licensee or permittee may not exercise the privileges of its license or permit past its expiration date unless the OCR has administratively continued the license or permit. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 342.

(a) A licensee or permittee may not make changes to its location, ownership, or Licensed Premises, without approval from the OCR. (b) Change in Ownership. (1) A licensee or permittee may not undergo any change in ownership, whether adding or removing owners or adjusting equity amongst owners, without prior approval from the OCR. A license or permit granted under the provisions of this chapter is not transferable except as provided for in this chapter. (2) The ownership of a Micro-Cultivation Permit is not transferable (3) A Licensee or Permittee shall apply for a Change of Ownership on forms prepared and furnished by the OCR, in accordance with all rules adopted hereto. In determining whether to approve or deny a transfer of ownership, the OCR shall consider the requirements of this chapter and any rules promulgated hereto. (4) A change in ownership or business structure of any license or permit issued pursuant to this chapter is prohibited unless all proposed owners of the license or permit meet criminal background and suitability requirements as required by this chapter. (5) A change in Majority Ownership of any license or permit issued pursuant to this chapter is prohibited for one year after the date the license or permit is issued unless the licensee or permittee can demonstrate that a transfer of ownership is made necessary by death or disability of the licensee or permittee, substantial financial hardship, or other reasons as determined by the OCR in accordance with criteria established in regulations. (6) No application for transfer of ownership or change in the business structure of any licensee or permittee shall be approved by the OCR until all taxes, any fines, penalties, and interest assessed against or imposed upon the licensee or permittee in relation to the licensed business are paid in full. (c) Change of Location. (1) A licensee or permittee may not undergo any change in a location without prior approval from the OCR. (2) A licensee or permittee shall apply for approval to change its location on forms prepared and furnished by OCR. In determining whether to approve or deny a transfer of ownership, the OCR shall consider the requirements of this chapter and any rules promulgated hereto. (3) A license or permit issued pursuant to this chapter is prohibited from changing location to a different island within the Virgin Islands or any location outside of the Virgin Islands. (4) A licensee or permittee may move the permanent location of its Licensed Premises to any other place within the island where the license or permit was issued once permission to do so is granted by the OCR. In permitting a change of location, the OCR shall consider all reasonable restrictions that are or may be placed upon the new location. (d) Modification of Licensed Premises. (1) A licensee or permittee may not materially modify its Licensed Premises, Micro-Cultivation Site, or Designated Consumption area without prior approval from the OCR. (2) A licensee or permittee shall apply for a Modification of Licensed Premises on forms prepared and furnished by the OCR. In determining whether to approve or deny a Modification of Licensed Premises request, the OCR shall consider the requirements of the chapter and any rules promulgated hereto. (3) The OCR shall adopt rules governing when a Licensee or Permittee shall be required to submit a Modification of Licensed Premises form. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 342-344; amended Oct. 31, 2024, No. 8925, § 1(h), Sess. L. 2024, p. -.

(a) The OCR shall establish an Inventory Tracking System to remotely monitor and track all Cannabis from the acquisition of seeds or clones through sale or delivery of a finished product to the consumer. (1) The system must provide for real-time access by the OCR, licensees, permittees, and law enforcement personnel, to the extent that they are authorized to receive or submit the information to comply with, enforce, or administer this chapter. (2) The Inventory Tracking System utilized by the OCR shall support interoperability with third-party software applications, including seed-to-sale tracking systems, and allow all licensee-facing system activities to be performed through a secure application programming interface ("API") or comparable technology, which is well documented, bi-directional, and accessible to any third-party application that has been validated and has appropriate credentials. The API or comparable technology must have version control and provide adequate notice of updates to third-party applications. The system must provide a test environment for third-party applications to access, which mirrors the production environment. (b) licensees or permittees may be permitted to transport Cannabis between Licensed Premises, provided the transportation is conducted in accordance with rules promulgated by the OCR. (c) An individual who performs work on behalf of a licensee or permittee must qualify as an owner, Cannabis Business Representative, Consultant, or Contractor. (1) A licensee or permittee shall not hire anyone to work or engage anyone to perform services who is under the age of 21. (2) A Cannabis Business Representative must be a resident of the Virgin Islands on the date of hire or engagement and for the duration of the performance of work on behalf of the licensee or permittee and pursuant to the applicable residency requirement, whether an owner, employee, or agent. (3) A consultant may not spend more than 90 days per annum within the Licensed Premises of the Cannabis Businesses unless the consultant has received a waiver from the OCR, which must be approved if the Cannabis Business can demonstrate commercial necessity. (4) A licensee shall conduct a criminal background check on all Cannabis Business Representatives and consultants prior to the date of hire or engagement. (5) A licensee may not permit individuals whose criminal history includes a conviction for a Disqualifying Felony Offense, or a Crime of Violence for which the sentence has not been discharged within the preceding five years, to act as a Cannabis Business Representative or Consultant. (6) A licensee and permittee shall maintain a current list of all Cannabis Business Representatives and Consultants at its Licensed Premises. (7) A licensee and permittee shall maintain documentation evidencing that all Cannabis Business Representatives and/or consultants were over the age of 21 upon the date of hire or engagement, have had an annual criminal background check for every year since the date of hire or engagement, and meets all applicable residency requirements. (8) A licensee and permittee shall maintain documentation evidencing a written policy that requires all Cannabis Business Representatives and Consultants to sign an attestation to disclose all criminal convictions. (9) Aside from customers, any individuals entering a Licensed Premises that is not an owner, Cannabis Business Representative, OCR Enforcement Officer, Law Enforcement Officer on official business, Consultant or Contractor of a Cannabis Licensee shall be admitted only as a visitor and subject to the rules promulgated by the OCR that shall include, but need not be limited to, age requirements, monitoring requirements, and visitor identification badge requirements. All visitors must be at least 21 years of age. Visitors may include contractors engaged for the purposes of service, repair, or maintenance. (d) All licensees shall develop and implement an on-site training curriculum or enter into contractual relationships with outside resources capable of meeting Cannabis Business Representative training needs. Training shall include but not be limited to professional conduct, ethics, and territorial and federal laws regarding patient confidentiality; informational developments in the field of medicinal use of Cannabis; the proper use of security measures and controls that have been adopted; and specific procedural instructions for responding to an emergency, including robbery or violent accident. (e) Licensees and permittees shall secure its Licensed Premises in accordance with the rules promulgated by the OCR, which must include but need not be limited to standards for lighting, physical security, video surveillance, alarm systems, and waste disposal. (f) Licensees may not advertise in a manner that has a high likelihood of reaching minors in violation of regulations promulgated by the OCR that must include but are not limited to restrictions on: (1) Mass media advertising on television, radio, and the internet; (2) Outdoor advertising; and (3) Event sponsorship, except with the express approval of the OCR. (g) The consumption of Cannabis Items is not permitted upon the Licensed Premises of a licensee unless duly authorized by an appropriate permit. (1) A licensee may permit the use of Cannabis Items by Qualified Patients in an alternate location subject to an Adult Use Lounge Permit, Cannabis Use Permit or Cannabis Temporary Use Permit. (2) Cannabis Cultivation Licensee that has been issued an Onsite Consumption Permit may permit the consumption of Cannabis Items within its Licensed Premises in a Designated Consumption area and in accordance with all requirements of its permit. (h) A Cannabis Licensee may not sell any Cannabis Items, nor transfer from one Licensed Premises to another, without having had completed all mandatory quality assurance tests. (i) A licensee may not sell any Cannabis Items, nor transfer from one Licensed Premises to another, without having paid all required taxes. (j) A licensee shall only cultivate, cure, process, store, manufacture, display and sell Cannabis Items within its Licensed Premises, unless a sale is conducted in accordance with rules governing the delivery of Cannabis Items. (k) A licensee shall ensure its facility is kept, and operations conducted, in a sanitary manner and in accordance with regulations promulgated by the OCR designed to reduce the potential for contamination during cultivation, manufacturing, transporting, and dispensing. (l) The OCR shall establish a Cannabis quality assurance program. The quality assurance program must, at a minimum, establish standards for the safety and potency of Cannabis Items prior to sale at a Cannabis Dispensary. (1) The quality assurance program shall require Cannabis Items to be submitted for contaminant and potency testing. (2) The quality assurance program shall establish permissible levels of contaminants for Cannabis Items and require the destruction of products deemed unsafe for human consumption due to impermissible levels of contaminants. (3) The quality assurance program shall establish standards and procedures for the potency testing of Cannabis Items to ensure the labeling of potency information is accurate and within a defined acceptable variance. (m) An individual who holds a Financial Interest in a licensee is prohibited from holding a Micro-Cultivation Permit. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 344-347; amended Oct. 31, 2024, No. 8925, § 1(i), Sess. L. 2024, p. -.

(a) The OCR may authorize a Cannabis Cultivation Licensee to purchase Cannabis Items from Cannabis Research and Development Licensees, other Cannabis Cultivation Licensees or Micro-Cultivation Permittees; cultivate, cure, process, internally-test, store, package, and label Cannabis; store, sell, purchase, receive, transfer, and transport Cannabis Items to and from other Cannabis Licensees in accordance with the limitations in this chapter and rules promulgated by the OCR. (b) A Cannabis Cultivation Licensee may not locate a Licensed Premises within 250 feet of a school or house of worship. (1) A Cannabis Cultivation Licensee is not required to relocate if its premises was located within 250 feet of a school or house of worship on the date the Cannabis Cultivation Licensee filed its application for licensure or change of location to its current address. (2) The OCR may adopt rules for Cannabis Cultivation Licensees located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay that impose additional requirements on licensees, such as security, odor control, and community engagement including, but not limited to signage and fencing. If the rules are adopted, the OCR can waive or reduce the distance requirements in this section for Cannabis Cultivation Licenses located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay. (3) A Cannabis Cultivation Licensee is not located less than within 250 feet of the perimeter of any cruise ship-bearing dock or pier in the Territory. (c) A Cannabis Cultivation Licensee shall cultivate Cannabis only in accordance with its authorized production limits established by the OCR in rules. (d) Cannabis may be cultivated outdoors provided it meets the requirements set forth by the OCR. (e) Cannabis may be cultivated using only Pesticides on an approved list maintained by the OCR. (f) A Cannabis Cultivation Licensee may obtain seeds or Immature Cannabis Plants from individuals not in possession of a Cannabis License or permit for the first 30 days after its facility is operational, as determined by the OCR. Thereafter, a Cannabis Cultivation Licensee may obtain seeds or Immature Cannabis Plants only from other Cannabis Cultivation Licensees or Micro-Cultivation Permittees or Cannabis Research and Development Licensees, unless the OCR, upon its discretion and good cause, provides prior written approval due to commercially reasonable needs of the Licensee. (g) The OCR shall set production limits on the numbers of plants Cultivation Licensees may cultivate, based on market data on Cannabis sales in the Territory to prevent over-saturation, and using a sliding scale of annual fees based on number of plants grown. In the interest of assuring market balance, the OCR shall set production limits at their discretion at not less than 500 and no more than 1,000 Flowering Cannabis plants at a single time. On an annual basis, the OCR shall assess and, if needed, revise its production limits for Cultivation Licensees. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 347, 348; amended Oct. 31, 2024, No. 8925, § 1(j), Sess. L. 2024, p. -.

(a) The OCR shall authorize a Cannabis Manufacturing Licensee to purchase Cannabis from Cannabis Cultivation Licensees, Cannabis Dispensary Licensees, Cannabis Research and Development Licensees, and/or Micro-Cultivation Permittees within the Territory; manufacture, process, internally test, package, and label Cannabis Concentrates and Cannabis Products; store, sell, purchase, receive, transfer, and transport Cannabis Items to and from other Cannabis Licensees in accordance with the limitations in this chapter and regulations promulgated by the OCR. (b) A Cannabis Manufacturing Licensee may not locate a Licensed Premises within 250 feet of a school or house of worship. (1) A Cannabis Manufacturing Licensee is not required to relocate if its premises are within 250 feet of a school or house of worship on the date the Cannabis Manufacturing Licensee filed its application for licensure or change of location to its current address. (2) The OCR may adopt rules for Cannabis Manufacturing Licenses located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay that impose additional requirements on licensees, such as security, odor control, and community engagement. If such rules are adopted, the OCR can waive or reduce the distance requirements in this section for Cannabis Manufacturing Licenses located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay. (c) A Cannabis Manufacturing License may not be within 250 feet of the perimeter of any cruise ship- bearing dock or pier in the Territory. (d) The manufacturing of Cannabis Concentrates and Cannabis Products shall be conducted only in strict accordance with all rules promulgated by the OCR, which shall include but need not be limited to facility requirements, solvent purity, and food-handling. (e) A Cannabis Manufacturing Licensee may not intentionally or knowingly manufacture, or design a Cannabis Product that has an appearance, label, or package that would cause a reasonable consumer confusion as to whether the Cannabis Product is a trademarked food product. (f) Edible Cannabis Products must not contain more than 100 milligrams of THC per unit of sale. (g) Edible Cannabis Products shall be separated or easily separable into single servings, with no more than 10 milligrams of THC in a single serving. (h) A Cannabis Manufacturing Licensee shall package and label all Cannabis Concentrates and Cannabis Products, including accurate potency information, in accordance with this chapter and all rules promulgated hereto. (i) A Cannabis Manufacturing Licensee must purchase or acquire a portion of its Cannabis from Micro- Cultivation Permittees. (1) The OCR shall, at its discretion, set this percentage between 10% and 25% of all Cannabis purchased or acquired by a Cannabis Manufacturing Licensee. (2) The OCR shall determine the sourcing requirement based on factors that include, but need not be limited to, the projected demand for Cannabis Items in the Virgin Islands and projected amount of Cannabis produced by Licensees and Micro-Cultivation Permittees. (j) Notwithstanding anything to the contrary in this chapter or the rules, Cannabis Manufacturing Licensees are required to source not less than 70% of the Cannabis used for its production from Unaffiliated Third Parties. Any actual or attempted structuring or configuration of a transaction, including through use of intermediaries or agents, for the purpose of circumventing or attempting to circumvent the requirements of this provision by obtaining or attempting to obtain Cannabis from sources other than Unaffiliated Third Parties in excess of the amount or percentage permitted, constitutes a violation of this provision and are grounds for suspension or revocation of a license and/or the imposition of a fine on the licensee, in the discretion of the OCR. (k) The OCR may suspend or amend the Unaffiliated Third-Party sourcing requirement and/or Micro- Cultivation sourcing requirement if it finds that there will be insufficient or inferior production by Licensees and Micro-Cultivation Permittees for Cannabis Manufacturing Licensees to meet the established percentage requirement, with the authorization of the Legislature and approval of the Governor. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 348-350; amended Oct. 31, 2024, No. 8925, § 1(k), Sess. L. 2024, p. -.

(a) The OCR may authorize a Cannabis Dispensary Licensee to purchase Cannabis Items from Licensees or Micro-Cultivation Permittees; internally test, package and label Cannabis Items; store, sell, purchase, transfer, and transport Cannabis Items to and from other Licensees; and sell, transfer, and deliver Cannabis Items in accordance with the limitations in this chapter and rules promulgated by the OCR. Notwithstanding anything to the contrary in this chapter, or the rules, Cannabis Dispensaries are required to source not less than 70% of the Cannabis used for retail sales from Unaffiliated Third Parties subject to OCR approved exclusions provided for herein. Any actual or attempted structuring or configuration of a transaction, including through use of intermediaries or agents, for the purpose of circumventing or attempting to circumvent the requirements of this provision by obtaining or attempting to obtain Cannabis from sources other than Unaffiliated Third Parties in excess of the amount or percentage permitted, constitutes a violation of this provision and is grounds for suspension or revocation of a license and/or the imposition of a fine on the licensee, in the discretion of the OCR. A Cannabis Dispensary Licensee may sell Cannabis Items to Qualified Patients, Designated Caregivers, or the parent or legal guardian of a Qualified Patient, and adult users over the age of 21. (1) The OCR shall promulgate rules concerning what types of identification is permissible for a Cannabis Dispensary to confirm an individual's age. (2) A Cannabis Dispensary shall engage in reasonable measures to confirm that all individuals it sells Cannabis Items to are either a Qualified Patient, Designated Caregiver, or the parent or legal guardian of a Qualified Patient, or adult user over the age of 21. (3) A Qualified Patient, Designated Caregiver or, adult user over 21 years of age is required to provide a Cannabis Dispensary a valid form of identification that is acceptable pursuant to regulations adopted by the OCR. (4) A Cannabis Dispensary must also confirm an individual's residency prior to completing the sale of Cannabis Items to ensure compliance with the purchase limits set forth in this chapter. (b) A Cannabis Dispensary must ensure that all Cannabis purchased or acquired from a Cannabis Cultivation Licensee or Micro-Cultivation Permittee has been tested in accordance with the quality assurance program. (c) Nothing in this chapter prohibits a Cannabis Dispensary from refusing to sell Cannabis Items to any person. (d) A Cannabis Dispensary shall display or sell Cannabis Items only within its designated Restricted Access Area, unless the sale is conducted in accordance with regulations governing the delivery of Cannabis Items to Qualified Patients promulgated by the OCR. Only owners, Cannabis Business Representatives, Consultants, Qualified Patients, Designated Caregiver, Adult Users, OCR Enforcement Personnel, and other law enforcement officers on official business are permitted in a Restricted Access Area. (e) The OCR shall establish by regulation the hours of operation of and access to a Cannabis Dispensary. (f) A Cannabis Dispensary may not permit any individual under 21 years of age to enter its Restricted Access Area. (g) A Cannabis Dispensary may not sell Cannabis Items to anyone under 21 years of age. All sales of Cannabis Items intended for Qualified Patients under 21 years of age shall be made to the Qualified Patient's parent, legal guardian, or Designated Caregiver. (h) A Cannabis Dispensary Licensee may not locate a Licensed Premises within 250 feet of a school or house of worship. (1) A Cannabis Dispensary Licensee is not required to relocate if its premises was not located within 250 feet of a school or house of worship on the date the Cannabis Dispensary Licensee filed its application for licensure or change of location to its current address. (2) The OCR shall adopt rules for Cannabis Dispensary Licensee located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts, and the town of Cruz Bay that impose requirements, such as security, odor control, and community engagement. Cannabis Dispensary Licenses located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay are exempt from distance requirements in this section. (i) A Cannabis Dispensary License may not be located within 250 feet of the perimeter of any cruise ship- bearing dock or pier in the Territory. (j) On a daily basis a Cannabis Dispensary may not sell more than: (1) Fourteen grams of Cannabis, three grams of Cannabis Concentrate, and 500 milligrams of Cannabis Products to a non-resident, as defined in this section as an individual who has resided in the Virgin Islands for less than 45 days. (2) One ounce of Cannabis, 10 grams of Cannabis Concentrate, and 2,000 milligrams of Cannabis Products to a resident defined in this section as an individual who has resided in the Virgin Islands for 45 days or more. (k) A Cannabis Dispensary may not intentionally or knowingly sell Cannabis that will be resold or transported out of the Territory. (l) Prior to completing the sale of an Edible Cannabis Product, the Cannabis Business Representative that completes the sale must inform the purchaser: "A standard serving of edible Cannabis is 10 milligrams of THC, though many consumers prefer five milligrams or less. Please review the product labeling to ensure you consume only your desired amount. The effects of edible Cannabis can take two or more hours to take effect." (m) A Cannabis Dispensary may deliver Cannabis Items to Qualified Patients and Qualified Caregivers, in accordance with regulations adopted by the OCR. (n) The OCR shall implement a responsible vendor training program that for employees working at a Cannabis Dispensary Licensee's business must attend, prior to any employee's first day of work. (o) A Cannabis Dispensary Licensee must purchase or acquire a portion of its Cannabis from Micro- Cultivation Permittees. (1) The OCR shall, at its discretion, set this percentage at between 10% and 25% of all Cannabis purchased or acquired by a Cannabis Dispensary Licensee. (2) The OCR shall determine the sourcing requirement based on factors that include, but need not be limited to, the projected demand of Cannabis Items in the Virgin Islands, testing passage rates of Micro-Cultivation Permittees and projected amount of Cannabis produced by Cannabis Licensees and Micro-Cultivation Permittees. (3) The OCR may suspend or amend the Micro-Cultivation sourcing requirement if it finds that there will be insufficient or inferior production by Micro-Cultivation Permittees for Cannabis Dispensary Licensees to meet the established percentage requirement. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 350-352; amended Oct. 31, 2024, No. 8925, § 1(l), Sess. L. 2024, p. -.

(a) The OCR shall authorize a Cannabis Research Development Licensee to purchase Cannabis Items from Cannabis Licensees or Micro-Cultivation Permittees; internally test, package and label Cannabis Items; store, sell, purchase, transfer, and transport Cannabis Items between sites that are specified on the license in accordance with the limitations in this chapter and regulations promulgated by the OCR. (b) A Cannabis Research and Development Licensee may also operate as a Cannabis Testing Facility. (c) The OCR shall authorize a Cannabis Research and Development Licensee to conduct experiments and testing on every form and derivative of Cannabis, including live plants, fresh and dried plant material, seeds, wax, oil, and manufactured items such as edibles and topicals. (d) Any animal or human testing trial undertaken by a Cannabis Research and Development Licensee must submit a detailed plan and receive explicit written permission from the OCR. (e) A Cannabis Research and Development Licensee may cultivate Immature Cannabis Plants and Flowering Cannabis Plants within production limits set by the OCR. (f) A Cannabis Research and Development Licensee may sell seeds and Immature Cannabis Plants to Cannabis Dispensaries, Cannabis Cultivation Licensees, and Micro-Cultivation Permittees. Information on all sales transactions and quantities of seeds and Immature Cannabis Plants to licensees must be included in the Inventory Tracking System as provided by section 791. (g) A Cannabis Research and Development Licensee may not sell Flowering Cannabis Plants or any Cannabis Items to other licensees other than seeds and Immature Cannabis Plants. Any other Cannabis plant material, more than what is needed for research and testing, must be destroyed by a method approved by the OCR. (h) A Cannabis Research and Development Licensee that includes a Cannabis Testing Facility may not sell any Cannabis Items as described in subsection (f) of this section, and may not hold any other Cannabis License or Permit. Nothing in this chapter precludes a Cannabis Research and Development Licensee that does not operate a Cannabis Testing Facility from holding a different Cannabis License or Permit. (i) A Cannabis Research and Development Licensee may not give access to the cannabis or sell to the general public any cannabis items that it grows, is working with, or researching. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 352, 353; amended Oct. 31, 2024, No. 8925, § 1(m), Sess. L. 2024, p. -.

(a) A Micro-Cultivation Permittee may cultivate, cure, process, and store Cannabis and sell, transfer, and transport Cannabis to Cannabis Licensees. (b) A Micro-Cultivation Permit shall be issued only to farmers licensed with the Department of Agriculture and the Department of Licensing and Consumer Affairs, but at no time shall Micro-Cultivation of Cannabis occur on land leased by the Government of the Virgin Islands. (c) An individual shall not possess more than one Micro-Cultivation Permit and no more than one Micro- Cultivation Permit may be issued for a single address. (d) A Micro-Cultivation Permittee must be at least 21 years of age. (e) A Micro-Cultivation Permittee may not cultivate Cannabis Plants for commercial use outside of its designated Micro-Cultivation Site. A Micro-Cultivation Permittee may sell only Cannabis that was harvested from Cannabis Plants cultivated within its Micro-Cultivation Site and in accordance with all applicable laws and regulations. (f) A Micro-Cultivation Permittee may not hold an interest in any other Cannabis Business License. An Owner of a Cannabis Business License may not hold a Micro-Cultivation Permit. (g) A Micro-Cultivation Permittee shall cultivate no more than 50 Flowering Cannabis Plants and no more than 200 Immature Cannabis Plants at a single time. The Cannabis Plants cultivated pursuant to a Micro- Cultivation Permit shall be for commercial-use only and shall be physically separated from any Cannabis Plants cultivated for medicinal personal use by a Qualified Patient or Designated Caregiver or for Sacramental Use. (h) A Micro-Cultivation Permittee may not consume any of the Cannabis cultivated pursuant to a Micro- Cultivation Permit. (1) Notwithstanding the above, a Micro-Cultivation Permittee can use seeds or clones produced by Cannabis Plants cultivated for personal use by a Qualified Patient or Designated Caregiver or Sacramental User to propagate Cannabis Plants for commercial use. (i) A Micro-Cultivation Permit may not be possessed by an individual who: (1) Has a Disqualifying Felony Offense; or (2) Has been convicted of selling Cannabis to a person other than a Cannabis Cultivation Licensee while in possession of a Micro-Cultivation Permit. (j) As part of its books and records, a Micro-Cultivation Permittee shall track all Cannabis cultivated for commercial use pursuant to its Micro-Cultivation Permit from seed or immature plant through sale to a Licensee. The records must include the total number of Flowering Cannabis Plants and Immature Cannabis Plants, the harvest date of Flowering Cannabis Plants, and any other record keeping requirements as determined by the OCR, necessary to prevent diversion and protect public safety, but does not make operations unreasonably impracticable for a Micro-Cultivation Permittee. (k) A Micro-Cultivation Permittee shall cultivate Cannabis only in an enclosed and locked space, which may be outdoors and does not need a roof. The OCR may impose additional security requirements upon Micro- Cultivation Permittees that are necessary to prevent diversion and protect public safety but does not make it unreasonably impracticable to operate a Micro-Cultivation Permit. (l) A Micro-Cultivation Permittee may not cultivate Cannabis less than 15 feet of a property line. (m) A Micro-Cultivation Permittee may transport Cannabis in accordance with rules established by the OCR. The rules shall include but are not limited to, requirements for storage, documentation, and contacting the OCR or other governmental authority prior to commencing transportation. (n) The OCR shall consider the feasibility, demand, and public safety concerns for Micro-Cultivation Permits to be authorized to produce edible and topical Cannabis products. Notwithstanding any other law, rule, or regulation, a Micro-Cultivation Permittee may not manufacture Cannabis Concentrates using solvents or in a manner that poses harm to others. (o) The OCR may consider the feasibility and demand for Micro-Cultivation Permits authorized to cultivate up to 100 Flowering Cannabis Plants in non-residential areas. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 353-355; amended Oct. 31, 2024, No. 8925, § 1(n), Sess. L. 2024, p. -.

Cannabis Use Permit (a) Notwithstanding any other law or regulation, a person in possession of a valid Adult Use Lounge Permit; Cannabis Use Permit or Temporary Cannabis Use Permit may undertake the restricted consumption of Cannabis Items in an on-site Designated Consumption Area licensed and authorized by the OCR, provided the use conforms to this chapter and any rules adopted thereto. (b) The consumption of Cannabis Items within a Designated Consumption Area in accordance with this chapter are not grounds for suspension, revocation, non-renewal, or any other disciplinary action against any overlapping license or permit validly issued pursuant to the Virgin Islands Code. (c) Notwithstanding any other law to the contrary, it is lawful to operate, or to consume or use Cannabis in or within, an Adult Use Lounge provided that: (1) The Adult Use Lounge has received a permit from the OCR; (2) No person under the age of 21 years old is permitted to enter, or remain in or upon, an Adult Use Lounge; and (3) Except as provided in subsection (d), no sale of Cannabis, Cannabis products, or Cannabis accessories in or within the adult use lounge is permitted. (d) Notwithstanding any other provision of this section, an Adult Use Lounge may be owned and operated by a Cannabis Dispensary Licensee and may be located adjacent to the premises of a Cannabis Dispensary; provided that the Adult Use Lounge is separated from the Cannabis Dispensary as per rules promulgated by the OCR. (e) An Adult Use Lounge Permittee, a Cannabis Use Permittee, or a Temporary Cannabis Use Permittee may not sell, transfer, or distribute Cannabis Items within its premises. Similarly, a Cannabis Use Permittee shall take reasonable measures to prevent the unauthorized sale or transfer of Cannabis for remuneration by others in and around its premises; unless the sale or transfers is a delivery made pursuant to a Cannabis Dispensary License. (f) The consumption of Cannabis Items pursuant to an Adult Use Lounge Permit, Cannabis Use Permit, or Temporary Cannabis Use Permit is permitted in the Designated Consumption Area, subject to any operational or other restrictions on Cannabis consumption placed upon the use Permits pursuant to this chapter and rules adopted thereto. (g) At all times when the consumption of Cannabis Items is permitted within a Designated Consumption Area, the permittee shall possess and maintain possession of the premises by ownership, lease, rental, or other arrangement for possession of the Designated Consumption Area; or the permittee has permission to use the premises to allow Cannabis consumption from a person who is the lawful owner of the property where the Designated Consumption Area is located. (h) The consumption of Cannabis Items by smoking must occur in accordance with the Virgin Islands Smoke-Free Act. Vaporizing Cannabis Items is not smoking for the purposes of this chapter or The Virgin Islands Smoke-Free Act. (i) An individual is not permitted within the Designated Consumption Area unless the Cannabis Use Permittee confirms that the individual is over 21 years of age. (j) Designated Consumption Areas must be clearly marked with conspicuous signage measuring not less than 40 square inches in size that includes the statement "CANNABIS CONSUMPTION AREA - ACCESS RESTRICTED" in all uppercase letters not less than one inch high. (k) The permittee shall ensure that the consumption of inhaled Cannabis Items occurring at the street level is not visible from a public right-of-way or a place where minors may be present. The permittee shall make reasonable accommodations to ensure that persons immediately outside of a designated consumption area are not subject to Cannabis odor caused by Cannabis consumption occurring within a Designated Consumption Area. (l) Adult Use Lounge Permittees, Cannabis Use Permittees, and Temporary Cannabis Use Permittees are subject to the same advertising restrictions as Cannabis Business Licensees. (m) An Adult Use Lounge Permittee, Cannabis Use Permittee, or Temporary Cannabis Use Permittee may not locate a Licensed Premises within 250 feet of a school or house of worship. (1) An Adult Use Lounge Permittee, Cannabis Use Permittee, or Temporary Cannabis Use Permittee is not required to relocate if its premises were not located within 250 feet of a school or house of worship on the date the permittee filed its application for licensure or change of location to its current address. (2) The OCR shall promulgate rules for Adult Use Lounge Permits, Cannabis Use Permits, or Temporary Cannabis Use Permits located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay that impose additional requirements on licensees, such as security, odor control, and community engagement. The OCR can waive or reduce the distance requirements in this section for Use Permits located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay. (3) An Adult Use Lounge Permittee, Cannabis Use Permittee, or Temporary Cannabis Use Permittee may not be located within 250 feet of any cruise ship dock in Charlotte Amalie, Havensight or Crown Bay, in St. Thomas and less than 500 feet of the primary cruise ship dock in Frederiksted and less than 500 feet of cruise line tender pier in Cruz Bay on the date the Permittee filed its application for licensure or change of location to its current address. (n) A Designated Consumption Area does not require specific zoning permits and are permitted in any zone lot where the underlying business or event is permitted. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 355-357; amended Oct. 31, 2024, No. 8925, § 1(o), Sess. L. 2024, p. -.

(a) It is not unlawful for persons over age 21 who are members of an organized religion or faith in the sincere exercise of their religion to possess, use, cultivate or consume Cannabis or Cannabis Items as part of their religious or sacramental rituals provided: (1) The religious or faith-based organization must be an organized and registered non-profit organization under the laws of the Virgin Islands and maintains its status in good standing, and must also be certified by the OCR; and (2) The religious or faith-based organization may not engage in any commercial activities involving Cannabis or Cannabis Items without a Cannabis License or Permit. (b) The OCR shall establish rules for Sacramental Use cultivation by the qualifying non-profit organizations. The rules must include production limits for Cannabis cultivation by registered religious or faith-based organizations, which the OCR shall determine based on documented membership size and which must not exceed that of any other Cannabis Licensee. (c) Sacramental Users who are registered members of certified religious or faith-based organizations and are residents of the Territory for more than 45 days may apply to the OCR to possess, use, grow, or process not more than six Flowing Cannabis Plants and six Immature Cannabis Plants for personal Sacramental Use, provided that the Cannabis Plants are cultivated on private property with the express consent of the landowner as applicable, and that the Cannabis produced from these plants is not sold, nor made available for sale. (1) The OCR shall maintain a confidential list of the persons to whom the OCR has issued Sacramental User Cards that includes their addresses, phone numbers, and registry identification numbers. This confidential list may not be combined or linked in any manner with any other list or database, nor may it be used for any purpose not provided for in this chapter. (2) The OCR shall establish a secure phone or web-based verification system. The verification system must allow law enforcement personnel and Cannabis Businesses to enter a registry identification number and determine whether the number corresponds with a current, valid Sacramental User Card. The system must disclose only: (a) whether the identification card is valid; (b) the name of the cardholder; (c) whether the cardholder is a Sacramental User; and (d) whether the cardholder is permitted to cultivate Cannabis plants. (d) Notwithstanding the possession limits set forth in section 785, a Sacramental User may possess all the Cannabis produced by Cannabis Plants cultivated at that address provide the cultivation is within the limits set forth herein. The OCR shall issue a card or certification document to Sacramental Users who are authorized to cultivate on private property. (e) The OCR shall promulgate rules relating to enforcement of cultivation by Sacramental Users on private property that must include site visits by enforcement officers or other law enforcement personnel to ensure that cultivation is within the limits and parameters set by this section. The OCR shall set a reasonable annual fee not to exceed $100 for Sacramental Users to engage in personal use cultivation as provided in this section. (f) Sacramental Use may not endanger public health and safety and may not violate the provision of title 19 Virgin Islands Code, chapter 53A as it pertains to smoking in public places. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 357, 358; amended Oct. 31, 2024, No. 8925, § 1(p), Sess. L. 2024, p. -.

(a) The OCR shall create, develop, and implement a social equity plan that gives additional points during the Merit-Based Application Process to license applicants and Third-Party Vendors who are included in the following groups or combinations thereof: (1) applicants whose ownership class includes individuals who were adversely impacted by the criminal justice system for activities that this chapter now considers legal; (2) applicants whose ownership class includes individuals who are members of religious groups who were adversely impacted by law enforcement for Sacramental Use of Cannabis; and (3) applicants who qualify as a female-owned entity or a service- disabled Veteran Entity; (b) The additional points awarded as a part of the social equity plan constitutes not less than 15% of the total points awarded. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 358.

(a) The Board may collaborate with University of the Virgin Islands to promote the research and development within the Virgin Islands of Cannabis and related products and technology. The Board shall work cooperatively with research programs established by the University of the Virgin Islands and other universities that conduct similar research programs. (b) In undertaking the Cannabis research program, the University of the Virgin Islands may: (1) Grow Cannabis to conduct agronomy research and analysis of required soils, growing conditions, and harvest methods relating to the production of Cannabis for commercial products, including but not limited to Cannabis seed or strains of Cannabis, and Cannabis Items; (2) Conduct research on various types of Cannabis which are best suited for growing in the Virgin Islands, including but not limited to, seed availability, creation of Virgin Islands hybrid types, in-the- ground variety trials, and seed production. (3) Study the economic feasibility of developing a Cannabis market in various types of Cannabis which can be grown in the Virgin Islands; (4) Report on the estimated value-added benefits, including environmental benefits that the Virgin Islands and state-side businesses would reap by having a Cannabis market of Virgin Islands-grown Cannabis varieties in the Territory; (5) Study the agronomy research being conducted worldwide relating to industrial Cannabis varieties, production, and utilization; (6) Research and promote Virgin Islands Cannabis and Cannabis seed on the world market, which can be grown on farms in the Territory; and (7) Study the feasibility of attracting private funding for the Virgin Islands Cannabis research program. (c) The authorization granted in this section does not subject the Cannabis research programs wherever they are in the Virgin Islands, to any criminal liability under the controlled substances laws of the Virgin Islands. This exemption from criminal liability is a limited exemption to be strictly construed and does not apply to any of the activities of the Cannabis research programs. (d) The authorization granted in this section does not alter, amend, or repeal by implication any provision of the laws of the Virgin Islands relating to controlled substances. (e) The University of the Virgin Islands and the Board shall notify the Virgin Islands Police Department of the duration, size, and location of all Cannabis plots. (f) Unless prohibited by law, it is the intent of the Legislature that Cannabis Research and Development Licensees are eligible for tax and other benefits provided under the University of the Virgin Islands Research and Technology Park Corporation Act, 17 V.I.C. 480, et. seq,. and under the Enterprise Zone Program Act, 29 V.I.C., chapter 19, provided that the business or enterprise would otherwise qualify for these benefits under the provisions of the University of the Virgin Islands Research and Technology Park Corporation Act, 17 V.I.C. 480, et. seq., or Enterprise Zone Program Act, 29 V.I.C., chapter 19, as applicable, and any regulations promulgated thereunder for research and development and technology development and other knowledge-based purposes and uses or activities within an Enterprise Zone. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 359; amended Oct. 31, 2024, No. 8925, § 1(q), Sess. L. 2024, p. -.

(a) There is created within the Treasury of the Virgin Islands a special fund to be known as the "Cannabis Fund". All funds collected by the OCR must be deposited into the Cannabis Fund. The Legislature shall appropriate funds from the Cannabis Fund for the following purposes: (1) To ensure the continuing and effective operation of the OCR; (2) Establish Cannabis Testing Facilities on each of the three major islands: St. Croix, St. Thomas and St. John; (3) To create and fund programs to provide job training, entrepreneurship training, business incubation and micro-lending opportunities to residents who have resided in the Virgin Islands for not less than two years at the time of enactment of this chapter; and to residents who have been adversely impacted by the criminal justice system for activities that this chapter now considers legal; (4) To establish sponsored research on the potential medical efficacy of Cannabis and the potential negative consequences associated with Cannabis use; (5) To establish programs designed to educate and prevent substance abuse and support individuals afflicted with substance abuse issues; and (6) To fund a training program in the cultivation, manufacturing, retail, research and development, and education related to the Cannabis industry. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 360; amended Oct. 31, 2024, No. 8925, § 1(r), Sess. L. 2024, p. -.

(a) A Cannabis Dispensary shall levy a tax of no less than 18% on all sales of Cannabis, except that Qualified Patients who are residents of the Territory and who validly possess a Medical Cannabis Patient Card issued by the OCR are exempt from this tax. (1) Seventy-five percent of the revenues collected pursuant to this tax must be deposited to the General Fund and distributed as follows: (A) Fifteen percent to be distributed evenly among the Department of Human Services and the Department of Health for behavioral health programs. (B) Five percent to the Department of Human Services for programs addressing homelessness. (C) Five percent to the Department of Sports, Parks, and Recreation for youth-related programs. (D) Fifty percent remains in the General Fund to fund the general operations of the Government of the Virgin Islands. (2) Twenty-five percent of the revenues collected pursuant to this tax must be deposited in the Cannabis Fund and allocated to the OCR to fund the operations required by this chapter and public education and marketing. (b) A Cannabis Dispensary must require all customers who are not residents to pay a special non-resident Cannabis Fee of $20, which must be reflected on the receipt at point-of-sale, at the time of purchase at the Cannabis Dispensary. Residency for the purposes of this subsection is defined as individuals who are residents of the Territory for 45 days or more. To establish residency under this section, a Cannabis Dispensary shall accept either a Virgin Islands Government-issued driver's license, a Virgin Islands Government-issued voter registration card, or a Virgin Islands Government-issued senior citizen identification card. (c) A Cannabis Cultivation Licensee shall pay a 0.50 tax per gram of Cannabis cultivated on their Licensed Premises that is transferred to another licensee. (d) Seventy-Five percent of the revenues collected pursuant to this tax must be deposited to the General Fund and distributed as follows: (1) Fifteen percent to be distributed evenly among the Department of Human Services and the Department of Health for behavioral health programs; (2) Five percent to the Department of Human Services for programs addressing homelessness; (3) Five percent to the Department of Sports, Parks, and Recreation for youth-related programs; and (4) Fifty percent remains in the General Fund to fund the general operations of the Government of the Virgin Islands. (e) Twenty-five percent of the revenues collected pursuant to this tax must be deposited in the Cannabis Fund and allocated to the OCR to fund the operations required by this chapter and for public education and marketing. (f) Unless otherwise prohibited by law, in computing net income for Cannabis Businesses pursuant to Virgin Islands law, there shall be allowed as a deduction from all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business as a Cannabis establishment, including reasonable allowance for salaries or other compensation for personal services rendered against the Cannabis Business' income tax return payable to the government. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 360, 361; amended Oct. 31, 2024, No. 8925, § 1(s), Sess. L. 2024, p. -.

(a) The OCR shall promulgate rules establishing reasonable fees for applications, as well as annual fees and renewal fees, and other fees as necessary in furtherance of the operation of the OCR. The revenue from all fees must be deposited in the Cannabis Fund. (b) Application fees for licenses and permits may not exceed the following amounts: (1) $1,000.00 for a Micro-Cultivation Permit; (2) $1,500 for a Adult Use Lounge Permit; (3) $20,000.00 for a Cannabis Cultivation License; (4) $50,000.00 for a Cannabis Dispensary License; (5) $10,000.00 for a Cannabis Manufacturing License; and (6) $50 for a Medical Cannabis Patient Card. (c) The OCR shall establish reasonable fees that must be paid by the holder of a license or permit when submitting a change of ownership, change of location, or modification of Licensed Premises. The OCR shall establish reasonable application fees for any other applications. Any increase to fees under this chapter may not exceed 10% of the last fee set by the OCR or the Legislature. (d) All fees must be included in rules to be promulgated by the OCR and may be adjusted by the OCR from time to time. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 361, 362.

(a) Each licensee and permittee shall keep a complete set of all records necessary to show all business transactions of the licensee or permittee, all of which must be open for the inspection and examination by the OCR or its duly authorized representatives. The OCR may require any licensee or permittee to furnish information it considers necessary for the proper administration of the chapter. (b) The Licensed Premises are subject to inspection by the OCR during all business hours and other times of apparent activity for inspection or investigation. For examination of any inventory or books and records required to be kept by the licensees, access is required during business hours. Where any part of the Licensed Premises consists of a locked area, upon demand to the licensee, the area must be made available for inspection without delay. (c) Each licensee and permittee shall retain all books and records necessary to show fully the business transactions of the licensee for a period of the current tax year and the immediately preceding seven tax years. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 362.

(a) In addition to any other sanctions prescribed by this chapter or rules promulgated pursuant to this chapter, the OCR has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee or permittee shall be afforded an opportunity to be heard, to suspend or revoke a license or permit issued by the OCR for a violation by the licensee or permittee or by any of the agents or employees of the licensee or permittee of the provisions of this chapter, or any of the rules promulgated pursuant to this chapter, or of any of the terms, conditions, or provisions of the license or permit issued by the OCR. The OCR has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a hearing that the OCR is authorized to conduct. (b) The OCR shall provide notice of suspension, revocation, fine, or other sanction by mailing the same in writing to the licensee or permittee at the address contained in the license or permit. A suspension must not be for a longer than six months. If a license or permit is suspended or revoked, no part of the fees paid therefore shall be returned to the licensee or permittee. (c) Any license or permit may be summarily suspended by the OCR without notice pending any prosecution, investigation, or public hearing for public safety purposes and the licensee or permittee is entitled to due process after the suspension, but at no time may the suspension last more than 10 days without a due process hearing. (d) The OCR may enter into a stipulated settlement with a licensee or permittee in lieu of going to a public hearing. The stipulated settlement may contain any of the following: admissions by the licensee or permittee of violations of rules or statutory provisions, the suspension of a license or permit, that a suspension be held in abeyance pending no further violations as specified and agreed to by the parties, a fine imposed against the licensee or permittee, and/or any other terms agreed to by the OCR and licensee or permittee. (e) All fines described in this section, must be deposited into the Cannabis Fund for use by the OCR as set forth in § 801. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 362, 363; amended Oct. 31, 2024, No. 8925, § 1(t), Sess. L. 2024, p. -.

(a) It is unlawful for any person to engage in any form of business or commerce involving the cultivation, processing, manufacturing, storage, sale, distribution, or consumption of Cannabis other than those forms of businesses and commerce that are expressly contemplated by this chapter. (b) It is unlawful for a licensee or permittee to buy, sell, transfer, give away, or acquire Cannabis except as allowed pursuant to this chapter. (c) A Qualified Patient who willfully fails to provide a notice required by section 782 is civilly liable for the infraction, subject to a fine of not more than $100. (d) In addition to any other penalty applicable in law, a Cannabis Business that intentionally sells or otherwise transfers Cannabis in exchange for anything of value to a person other than a Qualified Patient, Designated Caregiver or adult user over the age of 21 may be subject to a fine of not more than $3,000. A person convicted under this subsection may not continue to be affiliated with the Cannabis Business and is disqualified from further participation under this chapter. (e) In addition to any other penalty applicable in law, a Qualified Patient, Designated Caregiver or Sacramental User who intentionally sells or otherwise transfers Cannabis to any person, or to a legally licensed Cannabis Business or its agent is guilty of a misdemeanor punishable by imprisonment for not more than one year or by payment of a fine of not more than $1,000, or both, and may have their authorization to cultivate suspended or revoked by the OCR. (f) A person who intentionally makes a false statement to a law enforcement official about any fact or circumstance relating to the use of Cannabis to avoid arrest or prosecution is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or by payment of a fine of not more than $1,000, or both. This penalty is in addition to any other penalties that may apply for making a false statement or for the possession, cultivation, or sale of Cannabis not protected by this chapter. (g) A person who knowingly submits false records or documentation required by the OCR to certify a Cannabis Business under this chapter is guilty of a felony and may be sentenced to imprisonment for not more than two years or by payment of a fine of not more than $3,000, or both. (h) A practitioner who knowingly refers patients to a Cannabis Business establishment or to a Designated Caregiver, who advertises in a Cannabis Business, or who issues written certifications while holding a Financial Interest in a Cannabis Business shall be fined up to $1,000. (i) It is unlawful for a practitioner who recommends the use of Cannabis, provides Qualified Patients with Medical Cannabis Certification Forms, or refers patients to Cannabis Dispensaries to receive anything of value from a Cannabis Licensee or its agents, servants, officers, or owners or anyone financially interested in the licensee and it is unlawful for a licensee to offer anything of value to a practitioner for the same. Any practitioner or licensee who violates this subsection shall be fined $1,000. (j) It is a misdemeanor punishable by not more than 180 days in jail and a $1,000 fine for any person, including any employee or official of the OCR or another territorial agency, to breach the confidentiality of information obtained pursuant to this chapter. (k) A Cannabis Business shall be fined up to $1,000 for any violation of this chapter, or the regulations issued pursuant to this chapter where no penalty has been specified. This penalty is in addition to any other penalties applicable in law. Further, the OCR will have the authority to require a person convicted for unlawful acts pursuant to this section to become unaffiliated with the relevant Cannabis Business and disqualify that person from further participation under this chapter. (l) It is an independent violation of this chapter and grounds for an independent enforcement action or imposition of other disciplinary measures, in the discretion of the OCR, for any person or licensee to attempt to avoid or circumvent any of the requirements or limitations contained in this chapter. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 363-365; amended Oct. 31, 2024, No. 8925, § 1(u), Sess. L. 2024, p. -.

(a) This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct: (1) Undertaking any task under the influence of Cannabis, when doing so would constitute negligence or professional malpractice; (2) Consuming Cannabis while operating any form of public transportation or in any public place or any place that is open to public use, unless the location possesses a valid Adult Use Lounge Permit, Cannabis Use Permit or Temporary Cannabis Use Permit and the consumption occurs in accordance with applicable laws and regulations; or (3) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat while under the influence of Cannabis, except that a registered Qualified Patient is not considered to be under the influence of Cannabis solely because of the presence of metabolites or components of cannabis that appear in insufficient concentration to cause impairment. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 365.

Any resident of the Virgin Islands who has resided in the Virgin Islands for 45 days or more, may petition the OCR to add serious medical conditions or their treatments to the list of debilitating Qualifying Medical Conditions listed herein or established by regulations. The petition must be accompanied by a certification of the nature of the medical conditions and the benefit that would be derived from the use of Cannabis. The OCR shall consider petitions in the manner required by OCR regulation. The OCR shall approve or deny a petition not later than 60 days after its submission. If the petition is denied, the petitioner may file an administrative appeal, as more fully described in regulations, and provide notice that an appeal has been filed with the OCR no later than 30 days after the denial. The approval or denial of any timely filed appeal is a final decision of the OCR, subject to judicial review. Jurisdiction and venue are vested in the Superior Court of the Virgin Islands. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 365; amended Oct. 31, 2024, No. 8925, § 1(v), Sess. L. 2024, p. -.

Any section of this chapter held invalid as to any person or circumstance does not affect the application of any other section of this chapter that can be given full effect without the invalid section or application. History: Added Jan. 18, 2023, No. 8680, § 1, Sess. L. 2022, p. 365.

The following terms, wherever used or referred to in this chapter, shall have the following meanings, unless a different meaning clearly appears from the context: (1) "Commissioner" means the Commissioner of Health for the Virgin Islands or any of his duly authorized representatives; (2) "delayed certificate" means a certificate filed after the time specified by law; (3) "foetal death" means death prior to the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such separation the foetus does not breathe or show any evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles; (4) "live birth" is the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which after such separation, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached; and (5) "Registrar" means the Commissioner of Health or any local or deputy local registrar.

The Commissioner shall be the Registrar of Vital Statistics and shall have charge of the registration of births, deaths, and other vital statistics in the Virgin Islands. The Commissioner shall prepare the necessary instructions, forms, and blanks for obtaining and preserving such records and shall procure the faithful registration of the same. He shall recommend from time to time such additional legislation as may be necessary to that end and shall issue such rules and regulations, not in conflict with this chapter, as may be necessary to complement the provisions thereof. The rules and regulations after being approved by the Governor shall have the force of law.

The Governor may- (1) designate and define local registration districts in the Virgin Islands; (2) appoint local registrars or designate public officials to act as local registrars as may be necessary or desirable; and (3) similarly appoint or designate deputy local registrars.

(a) Unless supplied from other sources, the Commissioner shall prepare, print, and supply to all local registrars all blanks and forms used in registering, recording and preserving the returns, or in otherwise carrying out the purpose of this chapter; and shall prepare and issue such detailed instructions as may be required to procure the uniform observance of its provisions and the maintenance of a perfect system of registration; and no other blanks shall be used than those supplied by the registrar. He shall carefully examine the certificates received monthly from the local registrars, and if any such are incomplete or unsatisfactory, he shall require such information to be supplied as may be necessary to make the record complete and satisfactory. (b) All physicians, midwives, informants, or undertakers, and all other persons having knowledge of the facts, are required to supply the same, upon a form provided by the registrar, in person, by mail or through the local registrars. No certificate of birth, death or foetal death after its acceptance by the local registrar for registration, and no other record made in pursuance of this chapter, shall be altered or changed in any respect otherwise than by amendments properly dated, signed and witnessed, and that the word "amended" be stamped and signed by the registrar on the face of the document. (c) The Commissioner shall arrange, bind and permanently preserve the certificates in a systematic manner, and shall prepare and maintain a comprehensive and continuous card index of all births and deaths registered, said index to be arranged alphabetically, in the case of deaths by names of decedents, and in the case of births, by the names of the children. (d) The Commissioner shall inform all local registrars what diseases are to be considered infectious, contagious, or communicable and dangerous to the public health, in order that when deaths occur from such diseases proper precautions may be taken to prevent their spread. (e) If any cemetery company or association, or any church or historical society or association, or any other company, society, or association, or any individual, is in possession of any record of births or deaths which may be of value in establishing the genealogy of any resident of the Virgin Islands, such company, society, association or individual may file such record or a duly authenticated transcript thereof with the registrar, and it shall be the duty of the registrar to preserve such record or transcript and to make a record and index thereof in such form as to facilitate the finding of any information contained therein. The contents of such record and index shall be available to the public subject to any such reasonable conditions as the registrar may prescribe.

(a) Each local registrar shall supply blank forms of certificates to such persons as require them. Each local registrar shall carefully examine each certificate of birth, foetal death or death when presented for record in order to ascertain whether or not it has been made out in accordance with the provisions of this chapter and the instructions of the Commissioner, and if any certificate of death is incomplete or unsatisfactory, he shall call attention to the defects in the return, and withhold the burial or removal permit until such defects are corrected. If the registrar is satisfied or has reason to believe that the required information to cure the defects in the return is not readily available, the registrar may issue a removal or burial permit despite the presence of such defects. (b) All certificates, either of birth, foetal death or death, shall be written legibly, in durable black ink, or typewritten, and no certificate shall be held to be complete and correct that does not supply all the items of information called for therein, or satisfactorily account for their omission. If the certificate of death or foetal death is properly executed and complete, the registrar shall then issue a burial or removal permit to the undertaker; provided, that in case the death occurred from some disease which is held by the Commissioner to be infectious, contagious or communicable and dangerous to the public health, no permit for the removal or other disposition of the body shall be issued by the registrar, except under such conditions as may be prescribed by the Commissioner. If a certificate of birth is incomplete, the local registrar shall immediately notify the informant, and require him to supply the missing items of information if they can be obtained. (c) The registrar shall number consecutively the certificates of birth, foetal death and death, in three separate series, beginning with number one for the first birth, the first foetal death, and the first death in each calendar year and sign his name as local registrar in attest of the date of filing in his office. He shall also make a complete and accurate copy of each birth, each foetal death, and each death certificate registered by him, to be preserved permanently in his office as the local record, in such manner as directed by the Commissioner. (d) The registrar shall on the fifteenth day of each month transmit to the Commissioner all original certificates or copies, as directed by the Commissioner, registered by him for the preceding month. If no births, foetal deaths or deaths occurred in any month, he shall, on the fifteenth day of the following month, report that fact to the Commissioner on a card provided for such purpose. (e) The registrar shall document and submit a report to the Office of the Lieutenant Governor, Office of the Recorder of Deeds, the Division of Personnel, the Government Employees Retirement System and the Office of the Tax Assessor on a bi-annual basis of all death certificates issued. History: Amended Mar. 23, 2016, No. 7849, § 1, Sess. L. 2016, p. 17.

The registrar shall, upon request, supply to any applicant, who has a legitimate interest, a certified copy of the record of any birth, foetal death or death registered under provisions of this chapter, for the making and certification of which the applicant shall be charged a fee in accordance with Rules and Regulations promulgated by the Commissioner of Health pursuant to the provisions of Title 3, chapter 35, Virgin Islands Code. All such fees shall be remitted by the Commissioner of Health to the Commissioner of Finance and covered into the General Fund of the treasury. Any such copy of the record of birth, foetal death or death, when properly certified by the registrar, shall be prima facie evidence in all courts and places of the facts therein stated. The registrar shall, upon request of any parent or guardian, supply without fee, a certificate limited to a statement as to the date of birth and name of any child when the same shall be necessary for baptism, for admission to school or for the purpose of securing employment. The Secretary of Health, Education, and Welfare or the head of any other Federal agency, and any office or official of these islands, may, in the discretion of the Governor, be furnished, for official use only, the transcript of certified copies of birth, foetal deaths and death, without payment of the fee herein prescribed. History: Amended Oct. 1, 1979, No. 4351, § 1, Sess. L. 1979, p. 138.

The director, superintendent, or other person in charge of each hospital, sanitarium, asylum, or other public or private institution in the Virgin Islands to which people report for treatment of diseases or for cases of maternity or are confined voluntarily or by process of law, shall make and keep a register of all persons admitted thereto. This register shall contain all personal and statistical data regarding the inmates. In the case of any person admitted for treatment of any disease the physician in charge shall specify in the record the nature of the disease and the place where in his opinion it was contracted.

The Commissioner shall include in his annual report to the Governor a report on the number of births, deaths, foetal deaths, marriages, divorces and annulments of marriages registered in the Virgin Islands during the preceding calendar year and such additional information about vital statistics in the Virgin Islands as he may deem necessary for operation, evaluation, and planning a sound program of public health and welfare, or that the Governor may require.

(a) The birth of each and every child born alive shall be registered as follows: (1) Within ten days after the date of each live birth, there shall be filed with the local registrar of the district in which the birth occurred a certificate of such live birth, as provided in subsection (b) of this section and, when applicable, a voluntary acknowledgment of paternity form. (2) When a birth occurs in a health care facility under the jurisdiction of the Virgin Islands Government Hospital and Health Facilities Corporation, the health care facility, not more than 24 hours after the birth, shall give the parents a birth certificate application and a voluntary acknowledgment paternity form. The discharge planner shall file the birth certificate application and voluntary acknowledgement of paternity form as required under paragraph (1) in this subsection. (3) In each case other than at a health care facility under the jurisdiction of the Virgin Islands Government Hospital and Health Facilities Corporation where a physician, midwife or person acting as midwife, was in attendance upon the birth, such physician, midwife or person acting as midwife, shall file in accordance herewith the certificate herein required. (4) In each case where there was no physician, midwife or person acting as midwife, in attendance upon the birth, the father or mother of the child, the householder or owner of the premises where the birth occurred, or the manager or superintendent of the public or private institution where the birth occurred, each in the order named, within ten days after the date of such birth shall report to the local registrar of the fact of such birth. In such case, and in case the physician, midwife, or person acting as midwife, in attendance upon the birth is unable, by diligent inquiry to obtain any item or items of information as required in subsection (b) of this section, the local registrar shall secure from the person so reporting, or from any other person having the required knowledge, such information as will enable him to prepare the certificate of birth herein required, and the person reporting the birth or who may be interrogated in relation thereto shall answer correctly and to the best of his knowledge all questions put to him by the local registrar which may be calculated to elicit any information needed to make a complete record of the birth as required by subsection (b) of this section, and the informant as to any statement made in accordance herewith shall verify such statement by his signature, when requested to do so by the local registrar. (b) The certificate of birth shall contain at least the items of the standard form approved by the Secretary of Health and Human Services of the United States. (c) Each parent of any child whose birth is being registered pursuant to this section shall provide to the local registrar his or her social security number (or numbers, if the parent has more than one). The local registrar shall maintain said social security number(s) on that portion of the official birth records which remains with the registrar and is not otherwise released to the public. The local registrar shall only disclose said social security numbers to the Virgin Islands Department of Justice Paternity and Child Support Division upon written request. The Division shall exclusively use said social security numbers for the purpose(s) of locating an absent parent, establishing paternity and establishing or enforcing child support orders. A parent need not be required to disclose his or her social security number(s) to the local registrar if the parent provides evidence to establish the following good cause circumstances: (1) the child was conceived as a result of incest or rape; or (2) legal proceedings for the adoption of the child are pending before a court of competent jurisdiction. (d) For purposes of this section, "discharge planner" means a person employed at a health care facility under the jurisdiction of the Virgin Islands Government Hospital and Health Facilities Corporation responsible for forwarding birth certificate applications to the local registrar; coordinating patient discharge evaluations; providing discharge summaries to a patient's insurance provider; preparing comprehensive discharge plans for patients, to include where the patient will live after discharge, how the patient will be transported there, and the patient's further course of treatment, if any. The discharge plans must be discussed with the patient, the patient's family, and the health facility's professional staff. After the patient's discharge, the discharge planner shall continue to assist the former patient with any questions regarding the former patient's discharge evaluation, conditions of the recommended care facility, and provide new referrals, if necessary. History: Amended Dec. 14, 1989, No. 5492, Sess. L. 1989, p. 160; June 12, 1992, No. 5795, § 1, Sess. L. 1992, p. 90; amended Oct. 26, 2020, No. 8369, § 2(a)(1)-(3), (b), Sess. L. 2020, p. 171.

In the case of a child born out-of-wedlock the name of the father or reputed father and information about the father shall be entered upon the birth certificate or birth record of such child only if a notarized affidavit of paternity, completed pursuant to Title 16, chapter 11, section 292 of this code or a certified copy of a court or hearing officer order, issued pursuant to Title 16, chapter 11, section 293 of this code establishing paternity is presented. The Registrar of Vital Statistics shall give full faith and credit to all adjudications of paternity pursuant to the procedures set out at Title 16, chapter 13, section 370 of this code. History: Amended May 5, 1998, No. 6228, § 20, Sess. L. 1998, p. 320.

(a) A child born to a mother who is legally married is considered legitimate unless evidence to the contrary is presented. It is presumed that the husband is the father of the child and should be so stated unless the mother gives information to the contrary or unless paternity has been established through court action or through an affidavit of paternity. (b) In a case where the natural parents of a child marry subsequent to the birth of the child, such a child is considered legitimate. In order to correct the record a certified copy of the marriage license and an affidavit of paternity shall be submitted to the Registrar of Vital Statistics by any interested person. Upon receipt the Registrar will prepare a new record covering the birth which will show the correct information regarding the father and mother, provided that if an affidavit of paternity had been filed previously, a new affidavit will not be required. The original certificate together with the certified copy of the marriage license and the affidavit of paternity shall be placed in a sealed file and shall be made available only to the parents, the courts, and to the child when he reaches maturity.

In the case of a newly-born, abandoned or exposed child of unknown parentage the child shall be brought to the Commissioner or his deputy, in the registration district where such newly-born, abandoned or exposed child of unknown parentage is found, who shall examine the child to determine approximate age and date of birth. The Commissioner, or a qualified physician designated by him, shall assign a name to the child and prepare a standard birth certificate for such child. In order to preserve all identity possible, a personal description and all facts relative to the discovery of the child shall be placed on a note attached to the birth certificate or on the reverse side of the certificate.

When any certificate of birth of a living child is presented without the statement of the given name, the local registrar shall make out and deliver to the parents of the child a special blank for the supplemental report of the given name of the child, which shall be filled out as directed, and returned to the local registrar as soon as the child has been named and not later than six months after the birth. No minister authorized by the Government to perform the ceremony of baptism shall baptize a child unless a certified copy of the record of birth stating the name of the child has been produced, except that such minister, in any case where there is reason to believe that a child might die before the certificate can be obtained, may baptize the child without the certificate. In such a case, the minister shall report within 24 hours to the office of the local registrar the name with which the child was baptized.

A certified decree of every adoption for every child born in the Virgin Islands shall be forwarded by the clerk of the court to the Registrar of Vital Statistics in the judicial division in which the adoption takes place. Upon receipt of the certified copy of the decree of adoption the local registrar shall prepare a new certificate of birth of the child showing the adoptive name and the names of the adoptive parents. This shall be filed with the original record. A copy of the new certificate shall be sent to the office of the Commissioner where it shall be filed with the copy of the birth certificate originally submitted to that office. On the back of the new certificate shall be entered the date of filing of the certificate of adoption.

If at any time after the birth of a person a certified copy of the record of such birth should be required and after a search it appears that the birth was not registered, the Commissioner shall require the person responsible for making the declaration and presenting the certificate for registration to present a certificate of birth to the registrar of the district in a form as complete as possible according to the time which may have elapsed since such birth occurred. There shall be filed with this delayed certificate all such affidavits and other documents as the Commissioner shall deem necessary. In case the person responsible for the presentation has died or cannot be found, the person asking for the certified copy of the record may present a delayed certificate of birth with such affidavits or other documents as may be required by the Commissioner, all of which shall be filed in the Department of Health. A certified copy of the certificate shall then be issued to the applicant upon payment of the fee as stipulated in this chapter.

(a) The body of any person whose death occurs in the Virgin Islands, or which shall be found dead therein, shall not be interred, deposited in a vault or tomb, cremated or otherwise disposed of, or removed from or into any local registration district (or temporarily held pending further disposition more than 24 hours after death), unless a permit for burial, removal, or other disposition thereof shall have been properly issued by the local registrar or deputy registrar of such local registration district. (b) No burial or removal permit shall be issued by any registrar until, wherever practicable, a complete and satisfactory certificate of death has been accomplished as hereinafter provided. When a dead body is transported from outside the Virgin Islands into the same for burial, the transit or removal permit, issued in accordance with the law and health regulations of the place where death occurred, shall be accepted by the local registrar in lieu of such certificate. In such a case, the local registrar shall note upon the face of the burial permit that the body was shipped for interment and shall also note thereon the actual place of death.

(a) The certificate of death shall at least contain the items of the standard form approved by the Secretary of Health and Human Services of the United States. (b) The personal and statistical particulars shall be authenticated by the signature of the informant, who may be any competent person acquainted with the facts. The statement of facts relating to the disposition of the body shall be signed by the undertaker or person officiating as such. The medical certificate shall be made and signed by the legally qualified physician, if any, last in attendance upon the deceased, or other local qualified physician, or by any other physician whose duty is to hold an inquest on the body of a deceased person. The cause of death shall be so stated as to show the cause of disease or sequence of causes resulting in death, and only statements declared by the Commissioner to be reliable statements of cause of death will be held sufficient for the issuance of a burial or removal permit.

In case of death occurring without medical attendance the personal representative, neighbor or finder of the deceased shall notify the Commissioner, or the local police official in the district, for investigation and certification. If any person shall have reason to believe that any death occurring in the Virgin Islands shall have been due, mediately or immediately, to any fault, neglect, or misbehavior on the part of any person, he shall notify the Commissioner, or the local police official of the district.

History: Repealed. July 19, 1968, No. 2318, § 4, Sess. L. 1968, Pt. II, p. 300.

The Commissioner shall perform or cause to be performed a post-mortem examination in any case where the cause of death cannot otherwise be definitely determined or in cases where there are reasons to believe that death may have been due to a disease the knowledge of which gained by such post-mortem examination would be of importance in guarding the health of the community. No post-mortem examination shall be performed contrary to the wish of the personal representative of the deceased unless there are reasonable grounds to believe that such deceased died as a result of an illegal act or acts or from a quarantinable disease, or from suicide.

(a) The local registrar, or his deputy, shall obtain personal and statistical particulars from the person best qualified to supply them, over the signature and address of his informant. He shall then see that the necessary medical certificate of the cause of death is properly accomplished, and that the other particulars necessary to complete the record are entered. He shall then cause the undertaker, or person acting as such to endorse upon the record, over his signature, and address, the date and place of removal or burial. He shall then issue to the undertaker, or person acting as such, the permit for burial, removal or other disposition of the body. The undertaker or person acting as such shall deliver the burial permit to the person in charge of the place of burial, before interring or otherwise disposing of the body, or shall attach the removal permit to the box containing the body, when shipped by any common carrier, such permit to accompany the body to its destination. (b) If the interment or other disposition of the body is to be made within the Virgin Islands, the wording of the burial or removal permit may be limited to a statement by the local registrar, and over his signature, that a satisfactory certificate of death having been filed by him, as required by law, permission is granted to inter, remove or dispose otherwise of the body, stating the name, age, sex, and other necessary details upon the form prescribed by the registrar, provided, however, that if death be due to a dangerous contagious disease it shall be so stated on the burial permit, before it is issued.

No person in charge of any premises on which interments are made shall inter or permit the interment or other disposition of any body unless it is accompanied by a burial permit, as provided in this subchapter. Such person shall endorse upon the permit the date of interment, over his signature, and shall return all permits so endorsed to the local registrar of his district within one week from the date of interment. He shall keep a record of all bodies interred or otherwise disposed of on the premises under his charge, in each case stating the name of each deceased person, place of death, date of burial or disposal, and name and address of undertaker; which record shall at all times be open to official inspection. The undertaker or person acting as such, when burying a body in a cemetery or burial ground having no person in charge, shall sign the burial or removal permit, giving the date of burial, and shall write across the face of the permit the words "No person in charge," and file the burial or removal permit within one week with the registrar of the district in which the cemetery is located.

For each foetal death a certificate of foetal death shall be filed with the local registrar in the usual form and manner. The certificate of foetal death shall be signed by the attending physician or midwife. The cause of foetal death if known and the period of uterogestation in weeks shall be signed by the physician. Burial or removal permits of the prescribed form shall be required for foetuses which have advanced to the twentieth week of uterogestation. Foetal deaths occurring without attendance of a physician shall be treated as deaths without medical attendance as provided for in section 863 of this title. For a foetus which has not advanced to the twentieth week of uterogestation a burial permit may be issued if requested, provided that a physician's signature to the certificate before the issuance of the permit is not required.

(a) This section may be cited as the Uniform Determination of Death Act. (b) An individual who has sustained either: (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with the accepted medical standards. (c) This section shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this law among the jurisdictions enacting it. History: Added Jan. 19, 1984, No. 4890, § 2, Sess. L. 1984, p. 8; amended Oct. 13, 1993, No. 5894, § 2. Sess. L. 1993, p. 246.

Registered Nurse Practitioners; Conditions (a) As used in this section: (1) "Anticipated Death" means death that is, in the opinion of the attending physician, expected due to illness, infirmity, or disease. (2) "Attending Physician" means the physician who has primary responsibility for the treatment and care of the patient. (3) "Pronouncement of Death" means the declaration by the attending physician, medical examiner, registered nurse, certified registered nurse practitioner, or other person authorized by law, who has made the determination of death in accordance with section 869 as recorded in the patient's medical record or other record in accordance with this section. (b) A registered nurse, or a certified registered nurse practitioner employed by a licensed hospice or certified nursing home may make a determination of and pronounce the death of a patient if: (1) The patient's death was anticipated; (2) The patient was under the care of the services of a certified nursing home, or licensed hospice program; (3) Reasonable effort was made to contact the attending physician of the patient or medical examiner before the determination or pronouncement of death; and (4) The pronouncement of death is made on a form approved by the Commissioner of Health and subscribed to under penalty of perjury. (c) (1) The attending physician shall authorize, in writing, and make a part of the patient's chart, the name or names of the registered nurses or certified registered nurse practitioners authorized to make a pronouncement of death. (2) The attending physician shall update the information provided in paragraph (1) every 6 months. (d) A registered nurse or a certified registered nurse practitioner who has determined and pronounced death under this section shall document the clinical criteria for the determination and pronouncement in the patient's medical or clinical record and shall notify the certifying physician. (e) The body of the decedent may not be removed until notice of the pronouncement of death has been given to the attending physician or the medical examiner. (f) The Department of Health shall promulgate regulations necessary to carry out the purpose of this section. History: Added May 19, 2021, No. 8453, § 1, Sess. L. 2021, p. 24, 25.

(a) The clerk of the Superior Court shall, on or before the 15th day of each calendar month, forward to the Commissioner, free of cost, a certified copy of each certificate of marriage filed with him during the preceding calendar month. (b) The marriage certificate shall contain the following details: (1) The given names, surnames, age at last birthday, date and place of birth, nationality, usual residence and previous marital status (never married, widowed, divorced, marriage annulled) of bride and groom; (2) date and place of marriage; (3) date and place of issuance of license; (4) name and title of officiant; (5) signature and title of local recording officer; and (6) date recorded. History: Amended May 16, 1957, No. 160, § 53, Sess. L. 1957, p. 37; Oct. 16, 1959, No. 506, § 2, Sess. L. 1959, p. 204; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

Except as otherwise provided in this chapter, information contained in certified copies of applications for marriage licenses shall be considered confidential and shall be used only for statistical purposes.

Commissioner (a) The clerk of any court which issues a decree of divorce or annulment of marriage in the Virgin Islands shall forward to the Commissioner on or before the 15th day of each calendar month, free of cost, a certified copy of each decree of divorce or annulment of marriage ordered by the court which became final during the preceding calendar month. (b) The certificate of divorce or annulment shall contain the following details: (1) the given names, surnames, age at last birthday, date and place of birth, race, usual residence, and number of this marriage of husband and wife; (2) type of decree (if annulment, so state); (3) place and date of final decree; (4) place and date of marriage; (5) legal grounds for divorce or annulment; (6) name of plaintiff; (7) party to whom granted; (8) number of children affected (under the age of 18 years); (9) signature and title of local recording officer; and (10) date recorded. History: Amended May 16, 1957, No. 160, § 54, Sess. L. 1957, p. 37.

Except as otherwise provided in this chapter, information contained in certified copies of decrees of divorce and annulment shall be considered confidential and shall be used only for statistical purposes.

(a) The Commissioner is charged with the thorough and efficient execution of the provisions of this chapter in every part of the Virgin Islands, and is granted supervisory powers over local registrars and deputy local registrars, to the end that all its requirements shall be uniformly complied with. The Commissioner either personally or by an accredited representative, may investigate cases of irregularity or violation of this chapter, and all local registrars and deputy local registrars shall aid him, upon request, in such investigations. When he deems it necessary, he shall report cases of violation of any of the provisions of this chapter to the United States attorney with a statement of the facts and circumstances; and when any such case is reported to him by the Commissioner, the United States attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for alleged violation. (b) Each local registrar and deputy local registrar is charged with the strict and thorough enforcement of the provisions of this chapter in his registration district, and under supervision and direction of the Commissioner. Each local registrar and deputy local registrar shall make an immediate report to the Commissioner of any violation of this chapter coming to his knowledge, by observation or upon complaint of any person or otherwise.

(a) Whoever for himself or as an agent, officer or employee of any other person, or of any corporation or partnership, or other association of any character- (1) inters, cremates, or otherwise finally disposes of the dead body of a human being, or permits the same to be done, or removes such body from the registration district in which the death occurred or the body was found, without authority of a burial or removal permit issued by the local registrar of the district in which the death occurred or in which the body was found; or (2) refuses or fails to furnish correctly any information in his possession or furnishes false information affecting any certificate or record required by law; or (3) willfully alters otherwise than is provided by section 804 of this title, or falsifies any certificate of birth, foetal death or death, or any record established by this chapter; or (4) being required in accordance with this chapter to fill out a certificate of birth, foetal death or death and file the same with the local registrar, or deliver it upon request to any person charged with the duty of filing the same, fails, neglects, or refuses to perform such duty in the manner required by this chapter; or (5) being a local registrar or deputy local registrar fails, neglects, or refuses to perform his duty as required by this chapter, and by the instructions and directions of the Commissioner issued as provided in this chapter- shall for the first offense, be fined not less than $5 nor more than $50; and, for each subsequent offense, not less than $10 nor more than $100, or be imprisoned not more than 60 days, or be both fined and imprisoned at the discretion of the court. (b) Compliance with this chapter shall constitute a condition in the granting of licenses to physicians, midwives and embalmers, and any violation of this chapter by such persons shall be considered cause for revoking licenses.

(a) This chapter may be cited as The Virgin Islands Behavioral Health Act. (b) This chapter is responsible for the direction of behavioral health programs in public and private facilities and for the promotion and guidance of behavioral health, both mental health and substance use disorder programs within the Territory. (c) The purpose of this chapter is to: (1) Expand community behavioral health services, encourage local participation in programs provided by community behavioral health providers, obtain a better understanding of the need for community behavioral health services and encourage implementation of community behavioral health services. (2) Promote and support the development and implementation of comprehensive community support systems to ensure community integration and the maintenance of a decent quality of life for persons who suffer from behavioral health challenges or behavioral health disorders in each of the service areas in the Territory; and (3) Strengthen the capacity of families, natural networks, self-help groups, and other community resources to improve the support for persons who suffer from behavioral health challenges or mental health disorders. (d) This chapter establishes policies and procedures by which persons with behavioral health challenges, or disorders may receive services. The procedures must be applied consistently with the principles of due process to make voluntary and involuntary treatment available where the need is great and where the absence of treatment could result in serious harm to the individual or to others. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 394.

For purposes of this chapter and related chapters, unless the context otherwise indicates: (1) "9-8-8" means the universal telephone number for the national suicide prevention and mental health crisis hotline system within the United States operating through the National Suicide Prevention Lifeline, or its successor, and maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E-3 of the Public Health Service Act. (2) "9-8-8 Administrator" means the Administrator of the 9-8-8 national suicide prevention and mental health crisis hotline system maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E-3 of the Public Health Service Act. (3) "9-8-8 Crisis Hotline Center" or "Crisis center" means a territory-designated center participating in the National Suicide Prevention Lifeline Network to respond to territory-wide 9-8-8 contacts via modalities offered, including call, chat, or text. (4) "9-8-8 fee" means the surcharge assessed on commercial landline, mobile service, prepaid wireless voice service, and interconnected voice over internet protocol service lines established under in section 1020(c). (5) "9-8-8 Trust Fund" means the 9-8-8 suicide prevention and mental health crisis hotline system fund established in section 1020a. (6) "Act" means the Virgin Islands Behavioral Health Act. (7) "Alcohol use disorder" means a problematic pattern of alcohol use leading to clinically significant impairment or distress, as manifested by at least two of the 11 criteria, occurring within a 12-month period. Pursuant to the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), anyone meeting any two of the 11 criteria during the same 12-month period would receive a diagnosis of alcohol use disorder. The severity of alcohol use disorder-mild, moderate, or severe-is based on the number of criteria met: (A) Using alcohol in higher amounts or for a longer time than originally intended. (B) Being unable to cut down on alcohol use despite a desire to do so. (C) Spending a lot of time obtaining, using, and recovering from the effects of alcohol. (D) Cravings or a strong desire to use alcohol. (E) Being unable to fulfill major obligations at home, work, or school because of alcohol use. (F) Continuing to abuse alcohol despite negative interpersonal or social problems that are likely due to alcohol use. (G) Giving up previously enjoyed social, occupational, or recreational activities because of alcohol use. (H) Using alcohol in physically dangerous situations, such as driving or operating machinery. (I) Continuing to abuse alcohol despite the presence of a psychological or physical problem that is probably due to alcohol use. (J) Having a tolerance, i.e., needing to drink increasingly large or more frequent amounts of alcohol to achieve the desired effect. (K) Developing symptoms of withdrawal when efforts are made to stop using alcohol. (8) "Agency" means a governmental or non-governmental person, firm, association or corporation, and department. (9) "Approved private treatment facility" means a private agency meeting the standards prescribed in section 1002 and approved under section 1004, which can cover or provide services for behavioral health. (10) "Approved public treatment facility" means a treatment agency operating under the direction and control of the Department or providing treatment under this chapter through a contract with the Division under section 1015 and meeting the standards prescribed in section 1004 and approved under section 1019, which can cover or provide services for behavioral health disorders. (11) "Behavioral health" means the promotion of mental health, resilience, and well-being; the treatment of mental and substance use disorders; and the support of those who experience and/or are in recovery from these conditions, along with their families and communities. Behavioral health is the scientific study of the emotions, behaviors, and biology relating to a person's mental well-being, their ability to function in everyday life and their concept of self. A person struggling with his or her behavioral health may face stress, depression, anxiety, relationship problems, grief, addiction, ADHD or learning disabilities, mood disorders, or other psychological concerns. (12) "Behavioral healthcare hospital or facility" means a public or private facility or a behavioral health center under the administration of the Department of Health, and specifically excluding those governed by the Virgin Islands Government Hospitals and Health Facilities Corporation, which is equipped to provide patient care and treatment for persons who suffer from behavioral health disorders. (13) "Behavioral health professional" means a licensed psychologist, psychiatrist, psychiatric nurse, behavioral health counselor, such as a Licensed Professional Counselor, Licensed Marriage & Family Therapist, Licensed Substance Abuse Counselor, or Licensed Certified Independent Social Worker, or in their absence, an emergency medical technician (EMT). (14) "Behavioral health services" means patient counseling, other psychological, psychiatric, diagnostic, or therapeutic services and other allied services. (15) "Bodily injury" includes but it is not limited to: (A) A physical injury which means the impairment of physical condition and includes, but is not limited to, any skin bruising, bleeding, malnutrition, burn, bone fracture, soft tissue swelling, subdural hematoma, injury to any internal organ, or any physical condition that threatens a person's health or welfare; or (B) Serious emotional injury or serious mental injury which means that which creates a risk of death, or which causes serious or protracted impairment of mental or emotional health; or (C) Serious physical injury means that which creates a risk of death, or which causes serious or permanent disfigurement, or which causes serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb, or sexual abuse. (16) "Case management services" means those services that assist an individual in gaining access to and making effective use of the range of medical, psychological, and other related services available to them. (17) "Commissioner" means the Commissioner of the Virgin Islands Department of Health. (18) "Community support system" means the entire complex of behavioral health, rehabilitative, residential, and other support services in the community to ensure community integration and the maintenance of a decent quality of life for persons who suffer from behavioral health challenges or mental health disorders. (18a) "Crime or Offense" has the meaning set forth in 1 4 V.I.C. § 1. (19) "Crisis Intervention Team" (CIT) means a mobile crisis intervention and multidisciplinary behavioral health team as defined in the American Rescue Plan Act of 2021 ( Section 1947(b)(2) of Public Law 117-2), that provides acute behavioral health, crisis outreach, and receiving and stabilization services by directly responding to the 9-8-8 national suicide prevention and behavioral health crisis hotline. (20) "Crisis receiving and stabilization services" means facilities providing short-term services under 24 hours with capacity for diagnosis, initial management, observation, crisis stabilization and follow up referral services to all persons in a home-like environment. (21) "Department" means the Virgin Islands Department of Health. (22) "Director" means the Director of the Division of Behavioral Health Services. (23) "Division" means the Division of Behavioral Health Services established under section 1016. (24) "Eligible individual" means any individual who is charged with an offense against the Government of the Virgin Islands, or who is recommended for participation in the program under section 1039 by the Director, the Attorney General or the United States Attorney. (25) "Federal Communications Commission" means the federal agency that regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia, and United States territories. An independent United States government agency overseen by Congress, the Commission is the federal agency responsible for implementing and enforcing America's communications law and regulations. (26) "Felony" means any offense in violation of a law of the Virgin Islands classified as a felony under 14 V.I.C. § 2(b). (27) "Emergency service patrol" means a patrol established to transport a person during Emergency Commitment under section 1024a or under any of the conditions established by the Commissioner of Health. (28) "Forensic services" means evaluating an individual's competency to stand trial and mental state at the time of the offense. (29) "Forensic unit" means a separate unit within a state facility for treatment of mental illness, reserved exclusively for individuals entering through the criminal justice system. (30) "Hearing" means any judicial procedure providing for determination of mental competency, commitment to a facility, discharge, or release from a facility. (31) "Hospital" means any hospital or other facilities of the Department of Health especially equipped for the accommodation of addicts, or any other appropriate public or private hospital or other facilities available to the Commissioner of Health for the care and treatment of addicts, including the Behavioral Health, Mental Health, and Substance Use Treatment Facility. (32) "Incapacitated by substance use" means a condition of intoxication caused by the use of alcohol in which the person is unconscious or unable to speak coherently or unable to control body movements in a coordinated and effective manner. (33) "Indigent" means an uninsured or underinsured person who is accepted for care with no obligation or a discounted obligation to pay for services rendered based on the eligibility system developed by the Department of Health; or a person whose medical bills after payment by third-party payers exceed a specified percent of the patient's or person legally liable for the patient annual gross income, determined in accordance with the Department's eligibility system. (34) "Person who is mentally incompetent" means a person who has been adjudged incompetent by the Superior Court of the Virgin Islands. (35) "Intoxicated" means substantially impaired mental or physical functioning impaired because of the use of a substance. (36) "Licensed medical practitioner" means a person licensed under the laws of Virgin Islands to practice medicine. (37) "Licensed clinical psychologist" means a person licensed under the laws of the Virgin Islands as a psychologist and who practices clinical psychology. (38) "Likelihood of harm" means- (A) A risk of physical harm to the person as manifested by recent threats of, or attempts at, suicide or serious self-inflicted harm. (B) A risk of physical harm to other persons as manifested by recent homicidal or violent behavior or by recent conduct placing others in reasonable fear of serious physical harm. (C) A reasonable certainty that the person will suffer severe physical or mental harm as manifested by recent behavior demonstrating an inability to avoid risk or to protect the person adequately from impairment or injury; or (D) If a person suffers from severe and persistent behavioral health challenges or mental health disorders, in view of the person's treatment history, current behavior and inability to make an informed decision, a reasonable likelihood that the person's behavioral health will deteriorate and that the person will in the foreseeable future pose a likelihood of serious harm as defined in subparagraphs (A), (B) or (C). (39) "Medical practitioner" or "practitioner" means a licensed medical practitioner, registered physician assistant, certified psychiatric clinical nurse specialist, certified nurse practitioner or licensed clinical psychologist, licensed professional counselor, licensed marriage and family therapist, licensed substance abuse counselor, licensed certified independent social worker. (40) "National Suicide Prevention Lifeline" means a national network of local crisis centers providing free and confidential emotional support to people in suicidal crisis or emotional distress 24 hours a day, 7 days a week. (41) "Network" means organizations providing behavioral health services which were awarded governmental funds or Medicaid. (42) "Patient" means a person under observation, care or treatment in a psychiatric facility or residential care facility pursuant to this chapter, a person receiving services from an assertive community treatment team, a person receiving intensive behavioral health management services from the Department, or a person being evaluated for emergency admission in a hospital; or a person to whom a petition has been filed. (43) "Peers" means individuals employed based on their personal lived experience of a mental health condition or substance use disorder and recovery who have successfully completed a state or nationally recognized peer support training program. (44) "Persons who suffer from behavioral health challenges or behavioral health disorders" means a person whose mental functions are impaired to interfere with the person's capacity to meet the ordinary demands of life, the result of which is that the person's thinking, mood, and behavior have become irrational or distorted from reality, whether the condition has been caused by organic brain tissue damage or by psychological causes. This includes those who are dually diagnosed. (45) "Person with a substance use disorder" means a person who habitually uses any narcotic drug or opiate as defined in section 593 of this title so as to endanger the public, morals, health, safety or welfare, or who has lost the power of self-control with reference to the person's substance use. (46) "Private facility" means a facility privately funded and not under the supervision of the Virgin Islands Government which is equipped to provide inpatient or outpatient care and treatment for persons who suffer from behavioral health challenges, mental disorders, substance use disorders, and need behavioral health services. (47) "Psychiatric facility" a means public or private behavioral health facility or any section of any public hospital designated for behavioral health or psychiatric care. (48) "Public facility" means a facility funded by the Government of the Virgin Islands and under the supervision of the Government Virgin Islands which is equipped to provide inpatient care and treatment for persons who suffer from behavioral health challenges, mental health disorders, substance use disorders, and need developmental disability services. (49) "Reasonable cause" means that in the light of all the surrounding facts and circumstances which are known, or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation, or condition exists, is occurring or has occurred. (50) "Residential care facility" means a licensed or approved boarding care, nursing care or foster care facility that supplies supportive residential care to individuals due to their chronic behavioral health challenge or behavioral health disorder. (51) "Severe persistent mental illness" means a diagnosis of one or more qualifying mental health disorders or illnesses plus a listed disability or functional impairment that has persisted continuously or intermittently or is expected to persist for at least one year because of that disease or disorder. The qualifying mental health disorders are schizophrenia, schizoaffective disorder or other psychotic disorder, major depressive disorder, bipolar disorder, or a combination of mental disorders sufficiently disabling to meet the criteria of functional disability. The listed disabilities or functional impairments, which must result from a diagnosed qualifying mental health disorder, include inability to adequately manage one's own finances, inability to perform activities of daily living and inability to behave in ways that do not bring the attention of law enforcement for dangerous acts or for acts that manifest the person's inability to protect the person from harm. (52) "A Minor in Crisis" means a person under the age of 18 who may be suffering from anxiety or fear because of the minor's experience or perception or feels a threat to their self-esteem or who may be potentially at risk for a mental health disorder. (53) "A Student in Crisis" means a student who is displaying distress suffering from anxiety or fear due to a mental health episode. (54) "Substance Abuse and Mental Health Services Administration" (SAMHSA) means the agency within the U.S. Department of Health and Human Services that leads public health efforts to advance the behavioral health of the nation. (55) "Substance Use Disorder" means a disease that affects a person's brain and behavior and leads to an inability to control the use of a legal or illegal drug or medication. The DSM 5 recognizes substance-related disorders resulting from the use of 10 separate classes of drugs; alcohol; caffeine; cannabis; hallucinogens; inhalants; opioids; sedatives; hypnotics or anxiolytics; stimulants (including amphetamine-type substances, cocaine, and other stimulants); tobacco; and other or unknown substances. (56) "Treatment" means the broad range of emergency, outpatient, intermediate and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological and social service care, vocational rehabilitation and career counseling, which may be extended to persons; confinement and treatment in a hospital or behavioral health facility of the Department of Health and under supervised aftercare in the community and includes, but it is not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict by correcting his antisocial tendencies and ending his dependence on addicting drugs or opioids and his susceptibility to addiction. (57) "Unwarranted hospitalization" means the hospitalization or commitment of a person in a hospital, treatment or behavioral health facility which results from another person's willful misrepresentation of a material fact in an affidavit, certificate, declaration, application, petition or statement, or knowing falsification of testimony in an administrative hearing or judicial proceeding which leads to the hospitalization or commitment of that person in a hospital, treatment or behavioral facility. (58) "Veterans Crisis Line" means the crisis hotline for veterans maintained by the Secretary of Veterans Affairs under Title 38 United States Code, section1720F(h). History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 394-400; amended Dec. 31, 2024, No. 8957, § 1(a), Sess. L. 2024, p. -.

(a) The Governor of the Virgin Islands shall establish at least one public Behavioral Health Treatment Facility in the Virgin Islands; comprising of residential treatment, transitional care, detox and day treatment services. The behavioral health treatment facility must house those committed under this chapter. The facility must also house acute patients and those who suffer from behavioral challenges, mental health disorders, and substance use disorder. (b) The Governor with the advice and consent of the Legislature of the Virgin Islands shall appoint an Administrator to head the behavioral health treatment facility. The Administrator shall serve at the pleasure of the Governor. The Governor shall include funding in the executive budget each fiscal year for the behavioral health treatment facility and the facility shall receive an annual appropriation from the Casino Revenue Fund pursuant to 32 V.I.C. § 517(c) for the operating expenses of the facility and such other funding as provided in section 1007 of the chapter. (c) The duties of the Administrator of the Behavioral Health Treatment Facility are to: (1) Receive for observation, diagnosis, care, and treatment any person whose admission is applied for under section 1019 or section 1020 if the certifying examination conducted was completed no more than two days prior to the date of admission or unless ordered otherwise by the court; (2) Receive for observation, diagnosis, care, and treatment any person whose admission is applied for under section 1026 or is ordered to the facility by court order, in the public behavioral health treatment facility; (3) Work with a wide variety of stakeholders, such as, physicians, nurses, social workers, professional counselors, psychologists, marriage and family therapists, physician assistants, administrative staff, patients, families, and partnered social services; (4) Coordinate between multiple departments in order to keep the facility running as efficiently as possible; (5) Manage internal responsibilities of a behavioral health director, including managing the administrative and clinical operations of the facility; and (6) Manage external responsibilities including, focusing on outreach, collaboration, and compliance. (d) The Administrator of the Behavioral Health Treatment Facility must meet the following responsibilities and hold the minimum qualifications identified in this subsection. (1) The responsibilities of the Administrator include, but are not limited to the following: (A) Align budgets with the facility's public and private income streams; (B) Ensure compliance with federal, state, and local regulations; (C) Design and implement programs of development and marketing; (D) Work with senior leadership to determine strategic goals; (E) Develop systems to hire, train, and manage staff; (F) Coordinate with other behavioral health services in the community; and (G) Oversee the transition to new IT systems. (2) Qualifications and minimum required skills and knowledge include: (A) an undergraduate degree in a relevant area covering technical knowledge of behavioral health, such as psychology, social work, or public health; and (B) a Master's degree in a relevant area covering advanced technical knowledge of behavioral health and focusing on either the administrative or the services aspect of the profession, such as a master's in public health (MPH) or a master's in healthcare administration (MHA), licensed mental health professional; or the Administrator must: (i) Be an advanced registered nurse practitioner (ARNP) or clinical physician (MD), or hold a doctorate in related behavioral health fields (PhD, PsyD, EdD, DSW, DMFT, DBH), such as counseling, social work, marriage & family therapy, or psychology; and (ii) Have a minimum of five (5) years of experience in the field. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 401, 402.

Treatment Facility All residents of the Virgin Islands may be admitted into the Behavioral Health Treatment Facility as a patient, including but not limited to: (a) Persons who have been adjudged by the Superior Court and ordered to be conveyed to the behavioral health treatment facility and who are indigent. The patients shall be known as public patients. (b) Persons who may be certified to be suffering from behavioral health challenges, mental health disorders, or substance use disorder or multiple disorders, according to the provisions of this chapter, and who are maintained at the behavioral health treatment facility. (c) Persons who pay for the treatment of the facility. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 402, 403.

Enforcement Procedures, Penalties (a) The Director shall use standards established by the Joint Commission on Accreditation for approved treatment facilities that must be met for a treatment facility to be approved as a public or private treatment facility and establish the fees to be charged by the Division of Behavioral Health for the required inspections of the facilities. The standards to be applied must be only for the health standards to be met and standards of treatment to be afforded patients. The Director may recommend, and the Commissioner may contract for the use of any facility as an approved public treatment facility as the Commissioner considers effective and economical. (b) The Director or the Director's designee shall periodically inspect approved public and private treatment facilities at reasonable times and in a reasonable manner. (c) Each approved public and private treatment facility shall file with the Division of Behavioral Health, on request, data, statistics, schedules, and information the Division of Behavioral Health reasonably requires. Upon certification by the Director, the Commissioner shall remove from the list of approved treatment facilities an approved public or private treatment facility that without good cause fails to furnish any data, statistics, schedules, or information as requested, or files a fraudulent return. (d) After holding a hearing, the Commissioner may suspend, revoke, limit, restrict approval, or refuse to grant approval of any approved public or private treatment facility for failure to meet its standards. (e) The Superior Court may restrain any violation of this section, review any denial, restriction, or revocation of approval, and grant other relief required to enforce its provisions. (f) Upon petition of the Director and after a hearing held upon reasonable notice to the facility, the Superior Court may issue a warrant to an officer or employee of the Division authorizing the officer or employee to enter and inspect at reasonable times and examine the books and accounts of, any approved public or private treatment facility refusing to consent to inspection or examination by the Division, or which the Division has reasonable cause to believe is operating in violation of this chapter. (g) Persons diagnosed with behavioral health challenges, mental health disorders, or substance use disorders in private behavioral health facilities that contract with the Department under this section are entitled to the same rights and remedies as patients in public behavioral health facilities as conferred by the constitution, laws, regulations, and rules of the Virgin Islands and of the United States. (h) Before contracting with and approving the admission of involuntary patients to a private behavioral health treatment facility, the Department shall require the facility to: (1) Comply with all applicable regulations; (2) Demonstrate the ability of the facility to comply with judicial decrees related to services already being provided by the facility; and (3) Coordinate and integrate care with other community-based services. (i) The administrator of a private behavioral health treatment facility shall provide notice to the Department and such additional information that may be requested by the Department when a patient who was involuntarily admitted to the facility has died, attempted suicide, or sustained a serious injury resulting in significant impairment of physical condition. (1) For the purposes of this subsection, "significant impairment" includes serious injuries resulting from burns, lacerations, bone fractures, hematoma and injuries to internal organs whether self- inflicted or inflicted by another person. (2) Notice must be provided within 24 hours of occurrence and must include the following: (A) The name of the patient and the name, address, and telephone number of that person's legal guardian, conservator or legal representative and parents if the patient is a minor; (B) A detailed description of the occurrence and any injuries or impairments sustained; (C) The date and time of the occurrence; (D) The name, street address, mailing address and telephone number of the facility; and (E) The name and job title of the person providing the notice. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 403, 404.

(a) The Commissioner shall adopt regulations for acceptance of persons into the treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of behavioral health challenges, mental health disorders, substance use disorders, the care, and the discharge of patients in the behavioral health treatment facility and all other contracted, private or public facilities treating behavioral health challenges, mental health disorders, and substance use disorder. (b) The regulation must include: (1) Establishment of the right to have the treatment and related services provided in the least restrictive appropriate setting; (2) Establishment of the right to an individualized treatment or service plan, to be developed with the participation of the client; (3) Standards for informed consent to treatment, including reasonable standards and procedure for determining when to treat a client absent informed consent, consistent with applicable law, except that involuntary treatment of involuntarily hospitalized or incapacitated persons who are unwilling or unable to comply with treatment is allowed solely in accordance with the provisions of this chapter; (4) Standards for participation in experimentation and research; (5) Standards pertaining to the use of seclusion and restraint; (6) Establishment of the right to privacy and to a humane treatment environment; (7) Establishment of the right to the confidentiality of records and procedures pertaining to a patients' right to access their behavioral and substance use treatment care records; (8) Establishment of the right to receive visitors and to communicate by telephone and mail; (9) Procedures to ensure that persons are notified of their rights; (10) The right to assistance in protecting a right or advocacy service in the exercise or protection of a right; (11) Provisions for a fair, timely and impartial grievance procedure for the purpose of ensuring appropriate administrative resolution of grievances with respect to infringement of rights; and (12) To the extent that resources are available, the establishment of the rights of long-term mentally ill patients containing the following requirements: (A) The right to a service system that employs culturally normative and valued methods and settings; (B) The right to the coordination of the disparate components of the community service system; (C) The right to individualized developmental programming which recognizes that each long-term mentally ill individual is capable of growth or slowing of deterioration; (D) The right to a continuum of community services allowing a gradual transition from a more intense level of service; and (E) The right to the maintenance of natural support systems, such as family and friends, and formal and informal networks of mutual and self-help. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 405, 406.

(a) Every patient in a behavioral health facility or residential care facility is entitled to exercise all civil rights, including, but not limited to, the right to civil service status, the right to vote, rights relating to the granting, renewal, forfeiture or denial of a license, permit, privilege or benefit pursuant to any law, the right to enter into contractual relationships and the right to manage the patient's property, unless: (1) The Administrator of the behavioral health facility or residential care facility determines that it is necessary for the medical welfare of the patient to impose restrictions on the exercise of these rights and, if restrictions are imposed, the restrictions and the reasons for them must be made a part of the clinical record of the patient; (2) A patient has been adjudicated incompetent and has not been restored to legal capacity; or (3) The exercise of these rights is specifically restricted by other statutes or rules, but not solely because of the fact of admission to behavioral health facility or residential care facility. (b) Every patient is entitled to humane care and treatment, and to the extent that facilities, equipment, and personnel are available, to medical care and treatment in accordance with the highest standards accepted in medical practice. (c) Restraint, including any mechanical means of restricting movement, and seclusion, including isolation by means of doors that cannot be opened by the patient, may not be used on a patient unless the Administrator of the behavioral health facility or residential care facility or medical personnel under the direction of the Administrator, determines that either is required by the medical needs of the patient. The use of restraints must be limited to used allowable under the standards of the facility's accrediting body, and unaccredited facilities shall adhere to the Joint Commission on the Accreditation of Healthcare Organizations standards on restraints. The administrator of the psychiatric facility shall record and make available for inspection every use of mechanical restraint or seclusion and the reasons for its use. The limitation of the use of seclusion in this subsection does not apply to maximum security installations. (d) Every patient is entitled to communicate by sealed envelopes with the Department, a member of the clergy of the patient's choice, the patient's attorney and the court that ordered the patient's hospitalization, if any. (e) Every patient is entitled to communicate by mail in accordance with the rules of the psychiatric facility. (f) Every patient is entitled to receive visitors unless expressly prohibited by the patient's medical condition, but the patient may be visited by a member of the clergy of the patient's choice or the patient's attorney at any reasonable time. (g) Subject to reasonable rules regarding hours of visitation, which the Administrator may adopt, with the approval of the Commissioner, patients in any approved treatment facility must be granted opportunities for adequate consultation with counsel, and for continuing contact with family and friends consistent with an effective treatment program. (h) Mail or other communication to or from a patient in any approved treatment facility may not be intercepted, read, or censored unless the Administrator of the facility has reasonable cause to believe that the mail or other communication contains contraband, information regarding an unlawful event or activity, or otherwise warrants interception, in which case the mail or other communication must be forwarded to the Department of Justice for appropriate action. (i) An individualized treatment plan must be prepared and maintained on a current basis for each patient. (j) A continuum of coordinated treatment services shall be provided so that a person who leaves a facility or a form of treatment will have and utilize other appropriate treatments. (k) The Administrator may establish reasonable rules regarding the use of telephones by patients in approved treatment facilities. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 406, 407.

(a) The Commissioner may receive and use for the purposes of community behavioral health services, for purposes of facilities for the persons with intellectual disabilities and for other purposes of this chapter, money appropriated by the Government of the Virgin Islands, grants by the federal government, gifts from individuals and gifts from any other sources. (b) All indigent patients must be kept and maintained at a behavioral health facility at the expense of the Government of the Virgin Islands. (c) All non-indigent patients must be kept and maintained at a behavioral health facility at their own expense or at the expense of persons legally responsible for the support of the person. (d) If it is found that a person utilizing the provisions of this chapter is non-indigent and is adjudged to have behavioral disorder or substance use disorder under this chapter, or that some other person is legally liable for the adjudged support of the person, the judge may, from time to time, upon request of the Commissioner or the Chair of the Virgin Islands Government Health and Hospitals Facility Corporation Board of Directors, cite the guardian of the person, or another person legally liable for the person's support. The individuals, if cited, must appear at the time fixed in the citation, and show cause as to why the Government of the Virgin Islands should not have judgment for the amount due it for the support and maintenance of the person. If sufficient cause is not shown, judgment may be entered against the guardian or such other person for the amount found to be due to the Government. The judgment may be enforced pursuant to applicable law. (e) The Attorney General shall appear and represent the Government in all proceedings under this section. (f) The Commissioner or the Virgin Islands Government Health and Hospitals Facility Corporation Board of Directors may charge a rate for the services that are provided pursuant to this chapter at a rate that is reasonable and customary in the community. The certificate of the Commissioner of Health or the Chair of the Virgin Islands Government Health and Hospitals Facility Corporation Board of Directors as to the amount due is sufficient evidence to authorize the court to render judgment. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 408.

The Commissioner may transfer, or authorize the transfer of, a patient from one hospital or facility to another within the Territory if the Commissioner determines that it would be consistent with the medical or psychiatric needs of the patient. Before a patient is transferred, the Commissioner shall give written notice of the transfer to the patient's guardian, the patient's parents or spouse or, if none of the foregoing exists or can be located, to the patient's next of kin or friend, except that if the administrator of the hospital to which the patient is currently admitted has reason to believe that notice to any of these individuals would pose a risk of harm to the patient, then notice may not be given to that individual. In making all such transfers, the Commissioner shall give due consideration to the relationship of the patient to the patient's family, guardian, or friends, to maintain relationships and encourage visits beneficial to the patient. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 408, 409.

If a person ordered to be hospitalized under this chapter needs to receive hospital care or treatment by any agency or facility in the United States, the court, upon receipt of a confirmation from the agency or facility, showing what facilities are available and that the person is eligible for care or treatment in the facility, may order the person to be placed in the custody of the agency for hospitalization. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 409.

(a) The expense of conveying all indigent patients to a behavioral health hospital must be borne by the Government of the Virgin Islands and must be paid upon sworn account of the officer or person performing the service. (b) Any patient who is non-indigent and can pay for his support at the facility, transportation, or program, shall pay or reimburse the Government of the Virgin Islands for the expenses. The Government of the Virgin Islands may file a civil suit to recover the expenses. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 409.

(a) The Administrator of a behavioral health treatment facility or qualified designee or medical director of a public or private hospital, as often as practicable, but no less than every 30 days, shall examine or cause to be examined every patient to determine that patient's status and need for continuing hospitalization. (b) The Administrator of the facility shall discharge, or cause to be discharged, any patient when the following occurs: (1) Conditions justifying hospitalization no longer exist; (2) The patient is transferred to another hospital or facility for treatment for that patient's behavioral challenge or mental health disorder or physical condition; (3) The patient is absent from the facility unlawfully for a period of 90 days; (4) Notice is received that the patient has been admitted to another hospital, inside or outside of the Territory, for treatment for that patient's behavioral challenge or mental health disorder or physical condition; or (5) Although lawfully absent from the facility, the patient is admitted to another facility or hospital inside or outside the Territory for treatment of that patient's behavioral health challenge or mental health disorder or physical condition, except that, if it is the opinion of the Administrator of the facility that the patient will directly reenter the facility within the foreseeable future, the patient need not be discharged. (c) The Administrator of the facility may discharge, or cause to be discharged, any patient even though the patient is suffering from a behavioral health challenge, mental health disorder, and substance use disorder and appropriately hospitalized in the behavioral health treatment facility, if: (1) The patient and either the guardian, spouse or adult next of kin of the patient request that patient's discharge; and (2) In the opinion of the treating physician of the facility, the patient does not pose a likelihood of serious harm to anyone due to that patient's behavioral health challenge, mental health disorder, and substance use disorder. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 409, 410.

The registration and other records of treatment facilities must remain confidential and are privileged to the patient except for purposes of research into the causes and treatment of behavioral, mental, and substance use disorder. Information under this subsection must not be published in a manner that discloses patients' names or other identifying information. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 410.

(a) A person is guilty of causing unwarranted hospitalization as defined in section 1001(46) if the person willfully causes the unwarranted hospitalization of any person under this chapter. (b) A person is guilty of causing a denial of rights if the person willfully causes the denial to any person of any of the rights accorded to him by this chapter. (c) Causing unwarranted hospitalization or a denial of rights is a misdemeanor punishable by up to one year of incarceration, a fine of $5,000.00 or both. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 410.

(a) The Commissioner is responsible for providing all-inclusive services for people who suffer from behavioral health challenges or behavioral health disorders who otherwise cannot be served by the community service networks. The Department may develop contracts to deliver safety net services if the Department determines contracts to be appropriate and cost-effective. The governmentally operated safety net includes but is not limited to but shall include the following: (1) Emergency hospital beds for people requiring medical stabilization, assessment or treatment; (2) Intermediate and long-term treatment for people who need long-term structured care; (3) Forensic services; (4) Intensive case management; (5) Residential Facility Services; and (6) Other necessary services as determined by the Commissioner. (b) The Commissioner is responsible for providing technical assistance for program development, promoting effective coordination with the Department, the Department of Education, the Bureau of Corrections, the Police Department, the Judiciary, the Department of Human Services and other relevant departments or agencies to develop new resources to clinically assesses and improve the availability and accessibility of comprehensive community support services to persons who suffer from behavioral health disorders. (c) The Department of Health in conjunction with the Department of Human Services, and the Department of Education shall implement a process to effectively assess individuals when referred for psychiatric and/or psychological evaluations to identify if the individual may be having behavioral challenges because of developmental disorders such as: (1) cognitive disabilities; (2) autism spectrum disorder; (3) learning disorders; (4) expressive and receptive language disorders; (5) intellectual disabilities; or (6) pervasive developmental disorders, including those that are not always specifically diagnosed. (d) The Department in conjunction with the Department of Human Services and Department of Education shall ensure that diagnostic techniques take into consideration the following where appropriate: (1) Diagnoses may also include other communication or social disorders. This may even include specific functional assessments for specific issues such as EQ (emotional intelligence) or attention issues, or personality assessment elements that are frequently identified as concerns. This process will determine treatment options and appropriate placement if needed, based on the individual's specific needs. (2) Early screening and assessment of children must occur at various stages of development as part of a prevention strategy to reduce the likelihood of children developing health related illness, especially behavioral health challenges. The Department of Education, Department of Human Services and the Department shall work to implement the Adverse Childhood Experiences (ACE) survey for all children in the territory from birth through high school age. (3) Adverse childhood experiences, or ACEs, are potentially traumatic events that occur in childhood (0-17 years). ACEs include experiencing violence, abuse or neglect, witnessing violence in the home or community, or having a family member die by suicide. Also included are aspects of the child's environment that can undermine their sense of safety, stability, and bonding, such as growing up in a household with substance use problems, mental health problems, and instability due to parental separation or household members being in jail or prison. Many other traumatic experiences could impact health and wellbeing. (4) ACEs are linked to chronic health problems, mental illness, and substance use problems in adolescence and adulthood. ACEs can also negatively impact education, job opportunities, and earning potential. (e) The Departments of Health, Human Services and Education shall work to reduce or prevent ACEs by doing the following: (1) Assessing service needs, monitoring service delivery related to these needs and evaluating the outcomes of programs designed to meet these needs in order to enhance the quality and effectiveness of community support services; and (2) Preparing a report that describes the system of community support services in the Territory. The report must include: (A) Existing service resources and deficiencies in the system of services; (B) Assessment of the roles and responsibilities of behavioral health agencies, human services agencies, health agencies and similar departments of the government, to suggest ways in which these agencies and departments can better cooperate to improve the service system for persons who suffer from behavioral health challenges or disorders; and (C) Interdepartmental coordination, including review by the Commissioner, the Department, Department of Education, Bureau of Corrections, Police Department, Judiciary, and Department of Human Services of the report to ensure recommendations with respect to administrative and funding improvements in the system of community support services to persons who suffer from behavioral health challenges or disorders. (f) The Department in conjunction with the Department of Human Services and Education shall participate with school administrative units in transition planning for each student with a behavioral health challenge, or behavioral health disorder, and shall develop a school-based Behavioral Health Assessment and Transition team composed of members of each Department, school, and community mental health professionals. This Team shall assess the needs and existing resources, clarify roles and responsibilities for school-based behavioral health support, and outline levels of intervention. (g) The Department, in conjunction with the Division of Special Needs Education, within the Department of Education (DOE), shall adopt an evidenced-based psychosocial screening tool designed to identify cognitive, socio-emotional, and behavioral challenges, to identify needs that will determine which tiered service students should receive. The tiers are as follows: (1) Tier 1: DOE designed prevention delivered within the scope of educational programming; (2) Tier 2: Interventions developed by DOE, with the assistance and assessment of both the Departments of Health and Human Services, focused on students with mild or emerging mental health needs of a social, emotional, or behavioral nature; (3) Tier 3: The Assessment team, Health, Human Services and Education, shall meet quarterly to determine needed interventions, for students with more advanced mental health needs of a social, emotional, or behavioral nature. (h) The Commissioner shall: (1) Assign appropriate staff as a transition contact person and as a member of the transition planning team for each student, who is receiving special education services, and who is a minor or young adult, if it is determined appropriate by the student's individualized education program team. Develop, encourage and foster Territory-wide, regional and local plans and programs for persons who suffer from behavioral health challenges or mental health disorders, substance use disorder, and for the treatment of persons who suffer from behavioral health challenges, mental health disorders, or substance use disorder in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes; (2) Enlist the assistance of organizations and individuals interested in prevention of behavioral health challenges, mental health disorders, substance use disorder, and in the treatment of behavioral health challenges, mental health disorders, or substance use disorders; (3) Cooperate and coordinate with the Virgin Islands Police Department (V.I.P.D.), Bureau of Corrections, and Board of Parole in establishing and conducting programs to provide treatment for persons in or on parole from correctional institutions who suffer from behavioral health challenges mental health disorders, or substance use disorders; (4) Cooperate and coordinate with the Department of Education, the Board of Education, schools, the courts, and other public and private agencies, organizations and individuals in establishing programs and for the treatment of persons who suffer from behavioral health challenges, mental health disorders, or substance use disorders; (5) Prepare, publish, evaluate and disseminate educational materials dealing with the nature and effects of behavioral health challenges, mental health disorders, and substance use disorders; (6) Develop and implement, as an integral part of treatment programs, educational programs for use in the treatment of behavioral health challenges, mental health disorders, or substance use disorders, which programs must include the dissemination of information concerning the nature and effects of behavioral health challenges, mental health disorders, and substance use disorders; (7) Organize and foster training programs for all persons engaged in the treatment of persons who suffer from behavioral health challenges, mental health disorders, or substance use disorders; (8) Sponsor and encourage research into the causes and nature of behavioral health disorders, and substance use disorders and the treatment of persons who suffer from behavioral health challenges mental health disorders, or substance use disorders and serve as a clearinghouse for information relating to behavioral health, mental health disorders, and substance use disorders; (9) Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including the number of persons treated, frequency of admission and readmission, and frequency and duration of treatment; (10) Review all Territorial health, welfare, and treatment plans to be submitted for federal funding and advise on provisions to be included relating to behavioral health challenges, mental health disorders, and substance use disorders; (11) Assist in the development of and coordination with substance use education and treatment programs and occupational and employee assistance programs for employees of the Government of the Virgin Islands and businesses and industries in this Territory; (12) Use the support and assistance of interested persons in the community, particularly recovered substance dependent persons, to encourage substance dependent persons to seek treatment voluntarily; (13) Cooperate with the Attorney General, director of the Office of Highway Safety, the Superior Court and the Police Commissioner in establishing and conducting programs designed to address the problems of persons operating motor vehicles while intoxicated or under the influence of drugs; (14) Encourage hospitals and other appropriate health facilities to admit without discrimination persons who suffer from behavioral health challenges, mental health disorders, and substance use disorders to provide them with adequate and appropriate treatments. (15) Encourage all health and disability insurance programs to include substance use disorder as a covered illness; (16) Provide for adequate and appropriate treatment for persons admitted pursuant to this chapter who suffer from behavioral health challenges, mental health disorders, and substance use disorders. However, treatment may not be provided at a correctional institution except for inmates; (17) Maintain, supervise, and control all facilities operated by or subject to the policies of the Department. The administrator of each facility shall make an annual report of its activities to the Director of the Division of Behavioral Health in the form and manner that the Director specifies; (18) Coordinate all appropriate public and private resources used in all programs; (19) Prepare, publish and distribute annually a current list of all approved public and private treatment facilities; (20) Contract for the use of any facility as an approved public treatments facility if the Director, subject to the approval of the Governor, considers this to be an effective and economical course to follow; (21) Establish such bureaus and appoint such chiefs to head such bureaus as considered appropriate for the efficient and effective functioning of the Division subject to the approval of the Governor; (22) Submit to the Governor, and the Legislature not later than January 15 of each year, an annual report covering the activities of the Division; and (23) Consult the Attorney General and Bureau of Correction in the general implementation of the provisions of this chapter and in the establishment of standards for facilities used in the implementation of this chapter. (i) The Commissioner of Health and government officials mandated under this chapter, shall have absolute immunity from civil liability for all conduct in the course and scope their official duties prescribed by this chapter or for failure to perform any acts under this chapter due to an existing lack of the necessary resources and infrastructure in place to implement the provisions of this chapter. (j) The Commissioner shall apply for receive, expend, and make grants of funds to any other governmental agencies, community behavioral health, mental health disorder, and substance use disorders service providers, or persons that apply for the funds, to be used in the conduct of their behavioral health and intellectual disabilities and other developmental disabilities services under the following conditions: (1) The programs granted funds by the Commissioner must provide for adequate standards of professional services in accordance with local and federal law; (2) The Commissioner may require the person or entity applying for funds to produce evidence that appropriate governmental and other funding sources have been sought to assist in the financing of its behavioral health services; (3) After negotiation with the person or entity applying for funds, the Commissioner may execute a contract or agreement subject to the approval of the Governor, to provide behavioral health services that reflect the commitment of governmental and other funds to assist in the financing of the behavioral health services; (4) The Commissioner must assure, through program monitoring and auditing activities that services are provided by the community behavioral health organization for which distribution of the funds are committed by contract or agreement; (5) The person or entity providing services may apportion other governmental funds in an appropriate manner in accordance with its priorities, service contracts and applicable provisions of local and federal law. (k) The Commissioner shall establish a procedure to obtain assistance and advice from consumers of behavioral health services regarding the selection of contractors when funding is requested. (l) A contract pursuant to this chapter is subject to renewal but must be reviewed yearly if the Department determines that: (1) The community behavioral health service provider has breached the existing contract; (2) The community behavioral health provider has failed to correct deficiencies cited by the Department; (3) The community behavioral health provider is inefficient or ineffective in the delivery of services and is unable or unwilling to improve its performance within a reasonable time; or (4) The community behavioral health provider cannot or will not respond to a reconfiguration of service delivery requested by the Department. (m) The Commissioner shall make contracts necessary or incidental to the performance of the Department's duties and the execution of its powers, including contracts with public and private agencies, organizations and individuals to pay them for services rendered and furnished to persons who suffer from behavioral health challenges, mental health disorders, and substance use disorders. (n) The Commissioner shall solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government or the Territory or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant for services in any area concerning behavioral health challenges, mental health disorders, and substance use disorders. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 410-417.

Disorders; Director; Bureaus; Bureau Chiefs The Division of Behavioral Health is established within the Department. The Division is under the supervision of the Commissioner and headed by a Director. The Director must be a licensed medical practitioner in the field of behavioral health or mental health or a qualified professional who has had a minimum of five years' training and experience in handling medical-social problems or the organization or administration of treatment services for persons who suffer from medical-social challenges including, behavioral health challenges, mental health disorders, substance use disorders. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 417.

The Director with the advice and consent of the Commissioner shall: (1) Plan, establish and maintain treatment, education, training and prevention programs as necessary or desirable in relation to Behavioral Health, Mental Health, and Substance Use Disorder; (2) Administer or supervise the administration of provisions relating to persons who suffer from behavioral health challenges, mental health disorders, or substance use disorder in any Territorial plan submitted for federal funding pursuant to federal health, welfare or treatment legislation; (3) Coordinate the Division's activities and cooperate with behavioral health challenges, mental health disorders, developmental disabilities, substance use disorders in this Territory and other states or territories, and make contracts and other joint or cooperative arrangements with Territorial, local, or private agencies in this and other states for the treatment of persons who suffer from behavioral health challenges, mental health disorders or substance use disorder and for the common advancement of behavioral health, mental health, and substance use disorder; (4) Do all other acts and things necessary or convenient to execute the authority expressly granted to it; (5) Provide treatment facilities for persons who suffer from behavioral health challenges, mental health disorders and substance use disorders; (6) Establish health programs for the purpose of research into and aid of methods of prevention, diagnosis, and treatment of behavioral health challenges, mental health disorders or substance use disorders. The programs must include: (A) Emergency treatment provided by a facility affiliated with or part of the medical service of a general hospital; (B) Inpatient treatment; (C) Intermediate treatment; and (D) Outpatient and follow-up treatment. (7) Establish comprehensive and coordinated programs for the treatment of the persons who suffer from behavioral health challenges, mental health disorders, or substance use disorders; (8) Supervise the administration of those services included in programs that are not administered directly, excluding programs at Virgin Islands Government Health and Hospitals Facility Corporation Board facilities unless agreed to by Memorandum of Understanding; (9) Provide such methods of administration as are necessary for the effective operation of the program; (10) Extend and improve local health services for behavioral health challenges, mental health disorders or substance use disorders throughout the Virgin Islands; (11) Cooperate with the federal government through its appropriate agency or instrumentality in developing, extending and improving behavioral health challenges, mental health disorders, and substance use disorder services; (12) Investigate, by personal visit, complaints made by any patient or by any person on behalf of a patient suffering from behavioral health challenges, mental health disorders, or substance use disorder; (13) Visit each behavioral health, mental health, substance use disorder treatment facility regularly to review the commitment procedures of all new patients admitted between visits, and review protocols and procedures related to certification of patients under sections 1024a, 1024b, 1024c, 1026 and 1027; (14) Keep records and engage in research and the gathering of relevant statistics; (15) Require reports from the administrator of any hospital or residential care facility relating to the admission, examination, diagnosis, release or discharge of any patient; (16) Apply for civil commitment of a person; (17) Consider the suitability of the facility's rehabilitation programs in meeting the needs of a person; and (18) Prescribe the form of applications, records, reports, and medical certificates provided for under this subchapter and prescribe the information required to be contained in them. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 417-419.

(a) An Interdepartmental Coordinating Committee is established and composed of the Commissioners of Health, Education, Human Services, Police, Director of Vocational Rehabilitation, the Chair of the Virgin Islands Hospitals and Health Facilities Corporation, the Director, and other agencies as the Governor considers appropriate. The Committee shall meet at least twice annually at the call of the Commissioner, who shall serve as its chairperson. The Committee shall provide for the coordination and exchange of information regarding all programs relating to behavioral health disorders and shall act as a permanent liaison among the departments engaged in activities affecting behavioral health disorders. The Committee shall assist the Commissioner and Director in formulating a comprehensive plan for the prevention of behavioral health disorders and for treatment of persons who suffer from behavioral health challenges or mental health disorders or substance use disorders. (b) In exercising its coordinating functions, the Department shall ensure that: (1) The appropriate governmental agencies provide all necessary medical treatment, social wellness, and educational services for persons who suffer from behavioral health challenges, mental health disorders and substance use disorders; (2) All governmental agencies shall adopt protocols, such as employee assistance programs, to prevent and treat behavioral health challenges or mental health disorders and substance use disorders consistent with the policies of this chapter; (3) The appropriate government agencies shall coordinate with all private agencies that receive federal or local funds to make certain that there is no duplication of services; (4) The appropriate government agencies set the regulations, and requirements for private agencies that receive federal or local funds; (5) The appropriate government agencies establish policies and procedures for review of expenses for transportation and set forth in an agreement how funding for the transportation must be apportioned between the relevant agencies responsible for public services to the patient; and (6) The appropriate government agencies work together to apply for federal and other applicable funding sources. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 419, 420.

(a) To promote high-quality adult behavioral health services, this section establishes the Behavioral Health Council of the Virgin Islands ("the Council") to provide an effective, independent consumer voice in an advisory capacity in the development of public policy and resource allocation. The Council is composed of a total of seven members appointed by the Commissioner with the consent of the Governor, including three members appointed from the island of St. Croix, three members appointed from the island of St. Thomas, and one member from the island of St. John. Criteria for members are as set forth in subsection (e). The members shall elect a chairperson from among the seven members. Each member shall serve for a term of two years; however, the Governor may reappoint the members or remove them for cause. A member may voluntarily resign at any time upon written notice to the Commissioner. (b) The Council exists as an independent public instrumentality to provide guidance and advice from consumers of behavioral health services provided or funded by the Government, including guidance and advice regarding the delivery of effective and appropriate behavioral health services consistent with the Territory's comprehensive behavioral health service plan. (c) Exercise of the powers conferred by this section is an essential governmental function. However, the Council is not considered as a public entity or an agency of the Government for the purposes of budgeting, accounts, control, auditing, contracting, and purchasing. (d) As it pertains to the delivery of behavioral health services the Council shall: (1) Advise the Department, the Governor and other executive branch departments, which includes advising the Department on the review, analysis, and evaluation of behavioral health including substance use disorder programs treatment, procedures, and service delivery systems administered or funded by the Government including unmet needs, quality assurance, and quality improvements; (2) Assist the Department in program design and implementation, including assessment of the quality of services, delivery systems, and the prioritization of programming; (3) Provide consumers with a recognized mechanism for collaboration with the Government, including addressing issues with persons and entities that provide services through contracts with the Department; (4) Provide input regarding programs, evaluations, public policies and resource allocation, and address issues and concerns that arise territory-wide; (5) Identify, research and respond to issues of importance to consumers, including requesting information and data to facilitate informed decision making; (6) Interact with other government departments, community entities and other organizations; (7) Provide budget requests to fund the Council to the Department for each biennial budget and each supplemental budget; and (8) Make annual and interim recommendations to the Government and provide by May 31 of each year a report to the Governor. The report must include analysis of public programs, policies and procedures, legislative and regulatory proposals, and recommendations for action by the Government. (e) The majority of the territorial planning council must be composed of consumers and family members and the remaining members must have any of the following backgrounds: Three members of the Council may be current or previous consumers of behavioral health services within the Territory, or representatives from education, rehabilitation, mental health, criminal justice, housing, social services agencies, or family members of the adults or children with emotional or behavioral disorders. (f) Non-government Council members may be reimbursed for reasonable and necessary expenses actually incurred, including but not limited to costs incurred for travel upon approval by the Commissioner. (g) Council members may engage in advocacy regarding legislative and regulatory initiatives. (h) The Council shall provide interim reports to the Governor and respond to written responses from the Department. (i) All members are immune from civil liability for acts that they perform in good faith within the scope of their duties for the Council. (j) No later than September 30 of each year, the Commissioner shall provide a written response to the Council's annual report to the chair of the Council and the Governor. The response must: (1) Address the actions that the Department plans to take or proposes to implement with regard to the recommendations contained in the Council's annual report and any interim reports; (2) Address the reasons for declining to take or propose action; and (3) Include a report on the progress in implementing actions detailed in prior Department written reports under this section. (k) Funding for the Council must be included as part of the Governor's proposed budget for the Department. (l) The Commissioner may accept on behalf of the Council - gifts, grants and other funds and contributions for use in performing the duties of the Council, as long as the gifts, grants, funds, and contributions are in accordance with local and federal laws prohibiting conflicts of interest. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 420-422.

(a) The Commissioner of Health or the Commissioner's designee shall establish and oversee Community Service Networks. A Community Service Network must be established on each of the three islands with the collective responsibility to coordinate and ensure continuity of care within the delivery of behavioral health services to behavioral health consumers under the authority of the Department. The Community Service Networks shall be established and operated in accordance with standards adopted by the Commissioner. The Commissioner's oversight includes, establishing protocols, quality assurance, writing and monitoring contracts for service, establishing outcome measures and ensuring that each network provides an integrated system of care. (b) Each Network shall: (1) Ensure 24-hour access to a client's community support services records for better continuity of care during a psychiatric crisis; (2) Ensure continuity, accountability, and coordination regarding service delivery; (3) Participate in the collection of uniform data pertaining to services; (4) In conjunction with the Department, conduct planning activities based on data and client outcomes; (5) Develop techniques for identifying and providing services to clients at risk; (6) Enable the sharing of confidential client information to the extent necessary to protect the client's health and safety when it is determined the client has an urgent need for behavioral health services. (A) The Network members shall share confidential client information to the extent necessary to protect the client's health and safety in a period of urgent need for behavioral health services when the client lacks the capacity to give consent for the information sharing or when an exigency exists so that the client's health and safety is better protected if the information is shared without a delay to obtain consent. A person or entity participating in good faith in sharing information under this section is immune from civil liability that might otherwise result from these actions, including but not limited to, civil liability that might otherwise arise under local or federal laws or rules regarding confidentiality of information. The Department shall adopt regulations to identify the limits and requirements to be implemented. (B) The Network members shall share confidential client information, even without the client's consent, to the extent necessary to protect the client's health and safety in a period of urgent need for behavioral health services when the client lacks the capacity to give consent for the information sharing or when an exigency exists so that the client's health and safety is better protected if the information is shared without a delay to obtain consent. A person or entity participating in good faith in sharing information under this section is immune from civil liability that might otherwise result from these actions, including, but not limited to, a civil liability that might otherwise arise under local or federal laws or rules regarding confidentiality of information. The Department shall adopt regulations to identify the limits and requirements to be implemented. (7) Provide consolidated behavioral health crisis services for children and adults through a memorandum of understanding among providers of behavioral health services in the Network that must include provisions to ensure coordination, elimination of duplication, and provide a level of crisis services established by the Department of Health, Division of Behavioral Health. (c) The Commissioner shall collect data to assess the capacity of the community service networks, including, analyses of the utilization of mental health services and the unmet needs of persons receiving publicly funded behavioral health services. (d) Non-governmental providers of community behavioral health services and other public providers of comprehensive services to persons who suffer from behavioral health challenges or behavioral health disorders who fail to participate in the development of plans to serve this population, or to provide services to serve this population pursuant to the plan, are not eligible for governmental funding. (e) A person or entity that applies for the award or renewal of a grant or contract for the provision of behavioral health services must be a participating member of the Community Service Network, as established in this subsection. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 422-424.

(a) The Director with the approval of the Commissioner shall establish Crisis Intervention and Prevention Services. This is a community-based program shall provide counseling, consultation, evaluation, treatment and referral, education, and training services, delivered by a crisis intervention team. The program must be designed for persons with behavioral challenges, mental health disorders or substance use disorders who experience a behavioral crisis that threatens their ability to live a full, productive life due to hospitalizations, law enforcement involvement, or placement in restrictive settings. The Department of Health, Division of Behavioral Health shall support persons in the development of behavioral assessments, individualized behavior treatment plans, and intensive intervention with a focus on family coaching. (b) The program shall provide the following services: (1) Emergency room services. Crisis intervention and psychiatric emergency services based in a hospital emergency room; (2) Outreach services. Outreach services and crisis intervention beyond the hospital setting; (3) A crisis hotline center to provide crisis intervention services and crisis care coordination to individuals accessing the 9-8-8 suicide prevention and behavioral health crisis hotline from any district within the territory, twenty-four hours a day, seven days a week. (4) Telehealth Services. Delivery of health care services, through the use of interactive real-time visual and audio or other electronic media for the purpose of consultation and education concerning diagnosis, treatment, care management and self-management of patient's physical and mental health and includes real-time interaction between the patient and the telehealth provider, synchronous encounters, asynchronous encounters, store, and forward transfers and telemonitoring; (5) Transportation of persons in crisis to and from the hospital or institution; and (6) Suicide Prevention and School Counseling Program: a program in cooperation and coordination with the Department of Education, Department of Human Services, and the Police shall develop a suicide prevention strategy and an evidence-based model suicide prevention program, counseling for bullying, cyberbullying, and peer pressure counseling to be presented in the elementary, junior, middle, and high schools in the Territory which must include the preparation of relevant educational materials that must be distributed in the schools. (c) (1) The designated crisis hotline center must: (A) have an active agreement with the National Suicide Prevention Lifeline for participation within the Lifeline network; (B) meet National Suicide Prevention Lifeline requirements and best practices guidelines for operational, performance and clinical standards; and (C) must provide data, report, and participate in evaluations and related quality improvement activities as required by the 9-8-8 Administrator. (2) The designated hotline center may deploy crisis and outgoing services, including Crisis Intervention Team, and coordinate access to crisis receiving and stabilization services or other local resources as appropriate, consistent with any guidelines and best practices that may be established by the National Suicide Prevention Lifeline. (3) The designated hotline center shall meet the requirements set forth by the National Suicide Prevention Lifeline for serving at-risk and specialized populations as identified by the Substance Abuse and Mental Health Services Administration, including, but not be limited to, LGBTQ, youth, minorities, rural individuals, veterans, American Indians, Alaskan Natives, and other high-risk populations well as those with co-occurring substance use; provide linguistically and culturally competent care; and include training requirements and policies for transferring a 9-8-8 contact to an appropriate specialized center or subnetwork within the National Suicide Prevention Lifeline network. (4) The designated hotline center must provide follow-up services to individuals accessing the 9-8-8 suicide prevention and behavioral health crisis hotline consistent with guidance and policies established by the National Suicide Prevention Lifeline. (5) To facilitate the ongoing care needs of persons contacting 9-8-8, Department's Behavioral Health Division shall assure active collaborations and coordination of service linkages between the designated center, mental health and substance use disorder treatment providers, local community mental health centers, behavioral health clinics, Crisis Intervention Teams, and community-based, as well as hospital emergency departments and inpatient psychiatric settings, establishing formal agreements and appropriate information sharing procedures where appropriate. (6) The Department's Behavioral Health Division shall assure active collaborations and coordination of service linkages between the designated center and crisis receiving and stabilization services for individuals accessing the 9-8-8 suicide prevention and behavioral health crisis hotline through appropriate information sharing regarding availability of services. (7) The Department's Behavioral Health Division, having primary oversight of suicide prevention and crisis service activities and essential coordination with the designated 9-8-8 hotline center, shall work with the National Suicide Prevention Lifeline and Veterans Crisis Line and other SAMHSA-approved networks for the purposes of ensuring consistency of public messaging about 9-8-8 services and provide an annual report of the 9-8-8 suicide prevention and mental health crisis hotline's usage and the services to the Legislature and the Substance Abuse and Mental Health Services Administration. (8) VITEMA shall collaborate with the Department of Health, the Virgin Islands Police Department, and Fire/EMS to establish policies and procedures related to the proper routing of calls. (9) The Department of Health shall promulgate regulations to allow appropriate information sharing and communication between and across crisis and emergency response systems for the purpose of real-time crisis care coordination including, but not limited to, deployment of crisis and outgoing services and linked, flexible services specific to crisis response. (d) (1) The Department of Health may impose an initial territory-wide 9-8-8 fee of one dollar monthly on each prepaid telephone service, landline telephone, cellular or mobile telephone, or other voice over internet protocol services. The Department of Health may increase the fee as necessary, in an amount not to exceed ten percent of the prior year's fee, to fund this program. (2) The revenue generated by a 9-8-8 fee must be sequestered in a fund as specified in section 1020a to be obligated or expended only in support of 9-8-8 services, or enhancements of such services. (3) Consistent with 47 U.S.C. §251a, the revenue generated by47 U.S.C. §47must be used only to offset costs that are or will be reasonably attributed to: (A) ensuring the efficient and effective routing and handling of calls, chats and texts made to the 9-8-8 suicide prevention and mental health crisis hotline to the designated hotline center, including staffing and technological infrastructure enhancements necessary to achieve operational, performance and clinical standards and best practices set forth by the National Suicide Prevention Lifeline; and (B) personnel and the provision of acute mental health, crisis outreach and stabilization services by directly responding to the 9-8-8 national suicide prevention and mental health crisis hotline. (4) The revenue generated by 9-8-8 fees may be used only for expenses that are not: (A) reimbursable through Medicaid, Medicare, federal or state-regulated health insurance plans, and disability insurers; (B) a covered service by the individual's health coverage; or (C) covered because the service recipient's name and health coverage information cannot be obtained or billed. (5) The 9-8-8 fee revenue must be used to supplement, not supplant, any federal, territory or local funding for suicide prevention or behavioral health crisis services. (6) The 9-8-8 fee amount must be adjusted as needed to provide for continuous operation, volume increases and maintenance. (7) The Commissioner of the Department of Health shall prepare an annual report on the revenue generated by the 9-8-8 fee to the Legislature of the Virgin Islands and the Federal Communications Commission. (e) The Department's Behavioral Health Division shall provide primary oversight and direction on the territory's implementation and operation of the 9-8-8 suicide prevention and mental health crisis hotline. The Governor shall create an advisory body or require an existing advisory body to provide guidance to the Division of Behavioral Health, to gather feedback, and make recommendations regarding the planning and implementation of the 9-8-8 suicide prevention and behavioral health crisis hotline. The advisory body must include representatives of the designated 9-8-8 crisis center, 9-1-1 call centers, the Department's Behavioral Health Division, territorial substance abuse providers, law enforcement, hospital emergency departments, Department of Health enforcement officers with peace officer status, individuals with lived experience with suicide prevention or behavioral health crisis services usage, family members and caregivers, and behavioral health crisis services providers. (f) The Department of Health shall establish timeframes to accomplish the provisions of this section that are consistent with the timeframes required by the National Suicide Hotline Designation Act of 2020 and the Federal Communication Commission's rules adopted on July 16, 2020. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 424, 425; amended Dec. 31, 2024, No. 8957, § 1(b), (c), Sess. L. 2024, p. -.

(a) The 9-8-8 Trust Fund is established as a separate and distinct non-lapsing fund in the Treasury of the Government of the Virgin Islands. The funds must be used to maintain a territory-wide 9-8-8 suicide prevention and mental health crisis system pursuant to the National Suicide Hotline Designation Act of 2020, the Federal Communication Commission's rules adopted July 16, 2020, and national guidelines for crisis care and to support or enhance 9-8-8 services, including territory designated 9-8-8 hotline centers, the Crisis Teams, and crisis receiving and stabilization services. (b) The Fund consists of the territory wide 9-8-8 fee revenue assessed on users under title 3 Virgin Islands Code, chapter 3, section 58, and appropriations made by the Legislature of the Virgin Islands. (c) The Public Service Commission shall collaborate with the local service providers to gather information and data relevant to the annual reporting of Emergency Services Surcharge and 9-8-8 Trust Fund deposits and expenditures and provide the information to the Office of Management and Budget and the Department of Health for budgetary purposes. An annual report of fund deposits and expenditures must be submitted to the Legislature of the Virgin Islands and the Federal Communications Commission. History: Added Dec. 31, 2024, No. 8957, § 1(f), Sess. L. 2024, p. -.

(a) The Department's Behavioral Health Division shall establish and operate one CIT in each district, to provide crisis intervention on a 24-hour, 7-day-a-week basis to persons who suffer from behavioral health challenges or mental health disorders and to provide crisis intervention training. The CIT shall work in conjunction with the support of CIT-trained law enforcement officers and must be district-based behavioral health teams, including licensed behavioral health professionals through the Division of Behavioral Health, or behavioral health teams embedded in Emergency Medical Services (EMS), including peers. (b) The Crisis Intervention Teams shall collaborate with local first responder and behavioral health agencies and licensed behavioral health professionals and peers, to include police as co-responders in behavioral health teams, only as needed to respond in high-risk situations that cannot be managed without law enforcement. (c) The Virgin Islands Police Department officers will respond to and address criminal activity being committed and maintain the public order and peace. However, CIT-trained law enforcement officers shall respond to behavioral episodes that disturb the public peace. (d) Crisis Intervention Teams and crisis stabilization services provided must: (1) be designed in partnership with community members, including people with lived experience utilizing crisis services; (2) be staffed by personnel that reflect the demographics of the community served; and (3) collect customer service data from individuals served by demographic requirements, including race and ethnicity, set forth by SAMHSA and consistent with requirements for continuous evaluation and quality improvement. (e) The Crisis Intervention Teams must be composed of qualified behavioral health professionals with training and experience in assessment and intervention with persons who suffer from behavioral health challenges, mental health disorders, and substance use disorders in a crisis. The team members must have a working knowledge of intake, case management, behavioral and mental health systems, and local resources. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 425; amended Dec. 31, 2024, No. 8957, § 1(d), Sess. L. 2024, p. -.

Enforcement and Education Personnel (a) The purpose of this section is to provide for training of law enforcement officers, who are most often the first responders in a behavioral health emergency, to recognize the signs and symptoms of behavioral health challenges or mental health disorders and to respond more effectively and appropriately to individuals in crisis. (b) The Virgin Islands Police Department and the Police Officer Standards and Training Council in conjunction with the Division of Behavioral Health shall train within the first year after the effective date of this section, all new law enforcement hires and all current law enforcement officers, then annually, on how to address calls involving behavioral or mental health crises by being certified in Crisis Prevention Institute-Nonviolent Crisis Intervention and complete Crisis Intervention Team training. Law enforcement officers shall perform their regular duties but must be trained on how to respond more effectively and appropriately to individuals in crisis. Law enforcement officers shall receive a minimum of 40 hours of specialized training in psychiatric diagnoses, suicide intervention, substance use issues, behavioral de- escalation, the role of the family in behavioral health challenges or mental health disorders, behavioral health, and substance abuse laws, and local resources and procedures for individuals in crisis. (c) Teachers, school psychologists, social workers, guidance counselors, school monitors and other school personnel must be trained on early identification of potential behavioral health challenges or mental health disorders. They must also receive specialized training in psychiatric diagnoses, suicide intervention, substance use issues, behavioral de-escalation, the role of the family in behavioral health challenges or mental health disorders, behavioral health, and substance use laws, and local resources and procedures for individuals in crisis. (d) Crisis intervention training must consist of 40 hours of specialized training initially and a minimum of 4 hours of continuing education annually. (e) The Bureau of Corrections shall create and execute behavioral training courses for corrections officers and staff so that they are qualified to serve inmates with behavioral health needs and meet professional industry standards on behavioral response techniques. The training must also be provided to the Virgin Islands Police Department officers who are assigned to respond with the CIT. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 425, 426; amended Dec. 31, 2024, No. 8957, § 1(f), Sess. L. 2024, p. -.

(a) When a law enforcement officer or crisis intervention personnel has probable cause to believe that a person may be suffering from behavioral health challenge, mental health disorder, or substance use disorder and that due to that condition the person presents a threat of harm to himself or herself, other persons or property, the law enforcement officer or crisis intervention personnel shall take the person into protective custody immediately and deliver the person immediately for examination by a medical practitioner to a hospital or appropriate behavioral health treatment facility. (b) When formulating probable cause, the law enforcement officer or crisis intervention personnel may rely, in part, upon information provided by a third-party, personal observations, or conversations with that person, to establish probable cause that the person presents a threat of imminent and physical harm to his person, other persons or property. (c) The law enforcement officers or crisis intervention personnel detaining the person and taking the person to an approved public or private treatment facility is taking the person into protective custody. The officer shall make every reasonable effort to protect the person's health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself or herself. This is not to be considered an arrest. (d) When a person is taken into protective custody and the treating physician finds that the person is not in need of emergency commitment, the physician shall treat the person and shall: (1) Release the person from protective custody and refer that person to the Department of Health, Division of Behavioral Health; or (2) Release the person from protective custody and, with the person's permission, return the person forthwith to the place where the person was taken into protective custody; or (3) If the person is also under arrest for a violation of the law, turn the person over to the authorities to proceed with the arrest. (e) When a person taken into protective custody and the treating physician finds that the person remains a threat to his person, others, or to property, the treating physician shall certify the person and keep that person for treatment. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 426, 427.

(a) A treating medical practitioner, behavioral health professional, spouse, guardian, or relative of the person to be committed, or any other responsible person with personal knowledge of the person sought to be committed, may make a written application/petition under oath for emergency commitment, directed to the administrator of the approved public treatment facility or hospital. (b) The petition must state facts establishing reasonable grounds to believe that the person sought to be committed is incapacitated by substance use or is suffering with a behavioral health challenge or mental health disorder such that immediate emergency commitment and treatment is necessary to avoid a danger of physical harm or injury to his person or to others, or there is a risk of damage to property. (c) Upon the written petition, a doctor or behavioral health professional shall cause the person immediately to be brought to the hospital or behavioral facility for evaluation. (d) A person must be taken to a hospital or an approved public or private treatment facility for emergency treatment when any of the following occurs: (1) The person appears to be suffering from some type of mental illness and has threatened, attempted, or inflicted physical harm on his person or another person; (2) The person has damaged or attempted to damage property; or (3) The person is incapacitated by substance use. (e) A person taken to a facility or hospital for emergency examination or treatment must be examined by a medical practitioner promptly at the treatment facility or hospital. (f) If it is determined that the person meets any of the criteria in subsection (d) and needs emergency treatment, the psychiatrist shall so certify by filing a written certification to that effect, and the certification must be placed in the person's medical record. (g) Pursuant to the certification, the person may be detained at the treatment facility for up to 48 hours. A psychiatrist may extend the period of detention for an additional three days or for a maximum of five days. After the expiration of the five-day maximum period, any further detention of the person must be by court order. Any person committed under this section may be transferred to an appropriate public or private treatment facility. (h) When on the advice of the treating medical practitioner, it is determined that the grounds for commitment no longer exist, the person committed under this section must be released. A treatment plan must be established prior to the release of the person. (i) If a petition for involuntary commitment has been filed, within five days and the treating medical practitioner finds that grounds for emergency commitment still exist, the person may be detained until the application/petition has been heard and determined or otherwise ordered by the Court. (j) Not later than twenty-four hours after a commitment by the administrator, a copy of the written petition for commitment; a copy of the medical practitioner's certificate; and a written explanation of the person's right to counsel must be given to the person under evaluation. The administrator shall provide a reasonable opportunity for the person subject to evaluation to consult counsel. (k) The Department of Health shall license the hospitals of the Virgin Islands Government Hospitals and Healthcare Facilities Corporation for no less than nine beds for persons with behavioral health challenges or mental health disorders. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 427, 428.

(a) No petition of commitment is necessary if the person is treated and released within five days by the medical practitioner or the hospital or facility. The medical practitioner shall still treat the person, and if the medical practitioner determines that person is no longer a threat to himself or others or property, the medical practitioner may release the person. (1) Prior to release, a treatment plan and referral to the Department of Health, Division of Behavioral Health must be prepared. (2) The person must be returned to the person's residence. If the person has no residence, a referral must be made to the Department of Human Services. (3) Notwithstanding the discretion of the medical practitioner, no person may be released who may be a threat to his person, others, or property. (b) A Petition of Commitment is needed if it is determined by the medical practitioner that the person requires more than five days for observation, evaluation, diagnosis and care. The Department of Health, Division of Behavioral Health must be notified, and the treating facility shall file, at the Superior Court, an application/petition for commitment not later than seventy-two hours after notification. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 428.

(a) Notwithstanding any other provisions of this subchapter, a person, with respect to whom a Certification of Commitment for the issuance of an order for hospitalization has been filed, shall not be released, or discharged during the pendency of the proceedings, unless: (1) The court orders release or discharge upon the request of the person or the person's guardian, parent, spouse, next of kin, or attorney; (2) The court orders release or discharge upon the report of the applicant that the person may be discharged; (3) The court orders release or discharge upon a writ of habeas corpus under 5 V.I.C. § 3810; or (4) The person is transferred to another psychiatric facility upon request of the Department of Health/Division of Behavioral Health or by court order. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 429.

Challenges, Mental Health Disorders Or Substance Use Disorders (a) Any persons suffering behavioral health challenges, mental health disorders or substance use disorders may voluntarily seek treatment at an approved public treatment facility or hospital. If the person is a minor or a person declared to be incompetent, the facility must notify the parents or guardians immediately unless a parent, legal guardian, or legal representative of the person is present. (b) A person in need of help who is suffering with from behavioral health challenges, a mental health disorder, or found to be intoxicated or under the influence by drugs in a public place, may receive assistance if the person consents to the proffered help. The person may be assisted and transported by law enforcement officers or any behavioral health personnel to an approved public treatment facility. (c) If in the opinion of the treating medical practitioner, the person still appears to be a threat to himself, others, or property, after he has been treated, further disposition, placement and treatment of the person must be determined by the attending medical professional. (d) If in the opinion of the treating medical practitioner, a person who voluntarily came to the facility appears to be a threat to himself, others, or property, or is incapacitated by substance use after treatment is given, the person must be taken into protective custody and admitted into the hospital or an appropriate facility pursuant to the provisions of sections 1023, 1024a, 1024b, or 1024c. (e) When a person receiving treatment leaves a hospital or an approved public treatment facility, with or without the consent of the physician or medical practitioner, the person must be encouraged to attend the appropriate outpatient or intermediate treatment/counseling and must be referred to the Department of Health, Division of Behavioral Health. If it appears to the administrator in charge of the treatment facility that the person is suffering from substance use disorder, behavioral health challenges, any mental health disorder, and requires help, the Department of Health, Division of Behavioral Health shall arrange for assistance in obtaining supportive services and residential facilities, if necessary. (f) The patient may be assisted by law enforcement officers, hospitals, or any behavioral health personnel to treatment in a private home, an approved public treatment facility, an approved private treatment facility, or other health facilities. (g) A person who comes voluntarily or is brought to an approved public treatment facility or hospital must be examined by a licensed medical practitioner or a behavioral health professional as soon as possible. The person may then be admitted as a patient or referred to another health facility. The referring approved public treatment facility shall arrange for the patient's transportation. (h) A person who by medical, psychiatric, or other examination is found to be suffering from a behavioral health disorder or to be incapacitated by substance use at the time of admission or to have suffered such a disturbance or become so incapacitated at any time after admission, may not be detained at the facility if the patient: (1) No longer suffers from behavioral health challenges or mental health disorders or incapacitated by substance use; or (2) remains in a disturbed condition or is incapacitated by substance use for more than forty-eight hours after admission as a patient unless committed under sections 1023, 1024a, 1024b, 1024c, 1026 or 1027. (i) A person may consent to remain in the facility if the medical practitioner or behavioral health professional in charge believes remaining within the facility is appropriate. (j) If a patient is admitted to an approved public treatment facility or hospital, the patient's family or next of kin must be notified as promptly as possible. If an adult patient who is not incapacitated requests that there be no notification, the patient's request must be respected. (k) The police or other law enforcement officers who act in compliance with this section are acting in the course of their official duty and are not criminally or civilly liable for their actions while acting in compliance with this chapter during their official duties. (l) If the medical practitioner or behavioral health specialist in charge of the approved public treatment facility determines it is for the patient's benefit, the patient must be encouraged to agree to further diagnosis and appropriate voluntary treatment. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 429-431.

Health Challenges, Mental Health Disorders, Substance Use Disorder, Or Dual Diagnose Into a Behavioral Health Treatment Facility Or Hospital (a) A person may be committed to the custody of the Department of Health by the Superior Court for observation, diagnosis, care, and treatment upon the petition of a spouse or guardian, a relative, the certifying or treating medical practitioner, behavioral health professional, community member or the administrator or supervisor in charge of any approved public treatment facility. A refusal to undergo treatment does not constitute evidence of a lack of judgment as to the need for treatment. Opinions of the medical practitioner may be based on personal observation or on history and information from other sources considered by the medical practitioner. (b) The petition must state the following: (1) Description of the actions committed by the person; (2) History of the person's illness if known; (3) Whether the person has threatened, attempted or inflicted harm on himself or others, or attempted to damage property in the past and currently; (4) Whether the person is on drugs or alcohol if known; and (5) Whether drugs or alcohol is a factor in the persons behavior if known. (c) The petition must be accompanied by a certificate of a medical practitioner or behavioral health professional who has examined the person within seven calendar days before submission of the petition unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal must be stated in the certification. The certificate must set forth the medical practitioner or behavioral health professional's findings in support of the allegations of the petition which must state the following: (1) Whether the person is diagnosed with a behavioral health disorder; (2) Whether the person is suffering from severe and persistent behavioral disorder; (3) Whether the person poses a likelihood of serious harm to his person, others or property; (4) When involuntary treatment is at issue, whether the need for the treatment meets the criteria of this subsection; (5) Whether adequate community resources are available for care and treatment of the person's behavioral, mental, or substance use disorder; (6) The person's recent actions and behavior due to the person's diagnosis or history of behavioral or substance use disorder; (7) Based on the evaluations of the factors in paragraphs paragraphs (1) to (6)n's treatment plan to be followed by the psychiatric facility staff; and (8) Any other information needed to support the allegations in the petition. (d) The petition and certificate must be given to the Department of Justice, who by motion along with the petition when necessary, and the certificate, shall file with the Superior Court for the commitment of the person. The Department of Justice has three days after receipt of the petition, when necessary and certificate to file the motion with the court. Upon receipt of the motion, the court shall appoint counsel for the person and set a date for a hearing not later than five days after the date the petition was filed. A copy of the petition and the notice of the hearing, including the date fixed by the court must be served on the petitioner, the Department of Health/Division of Behavioral Health, the person whose commitment is sought and the person's attorney, spouse, or family member, or a parent or legal guardian, if the person is a minor, the administrator in charge of the approved public treatment facility to which the person has been committed for emergency care, and any other person the court believes advisable. The hearing must be held in the Superior Court. (e) Upon consideration of the motion, accompanied by a certificate by the treating medical practitioner indicating that the person suffers from behavioral, or substance use disorder and that the welfare of the person, others, or property is in danger and requires that the person be immediately committed, the judge or magistrate shall issue a warrant for the apprehension of the person forthwith and that the person be taken to the appropriate facility for treatment. (f) The warrant provided for in this section must be in the name of the People of the Virgin Islands and must be directed to the marshals or other law enforcement officers, crisis counselors and other medical personnel involved in the transportation of people with behavioral problems. Upon receipt of the court order, law enforcement officers shall take the person immediately into custody and take the person to the hospital or appropriate health facility. (g) Prior to the commencement of the hearing, the court, when possible, shall inform the person whose commitment is sought of the right to contest the petition and to be represented by counsel at every stage of any proceedings relating to commitment. The person whose commitment is sought must be informed of the right to be examined by a medical practitioner or behavioral health professional. (h) At the hearing, the court shall review all relevant testimony, including the testimony of at least one licensed medical practitioner or a behavioral health professional who has examined the person, a spouse, parent, guardian, relative, or a community member. The Attorney for the person for whom commitment is being sought must be afforded an opportunity to call witnesses and cross-examine witnesses. (i) The person for whom commitment is being sought must be present at the hearing unless the court finds that the person's presence is likely to be injurious to the person or disruptive to the court's proceedings. The court shall examine the person in closed court, or if needed, at the facility or hospital. If the person has refused to be examined by a licensed medical practitioner or behavioral health professional, the person must be given an opportunity to be examined by a court-appointed licensed medical practitioner or behavioral health professional. If the person refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court determines that more medical evidence is necessary, the court may make a temporary order committing the person to the Department of Health, Division of Behavioral Health for a period of not more than five days for purposes of a diagnostic examination. (j) A stenographic or electronic record must be made of the proceedings and the record, all notes, exhibits, and other evidence are confidential and must be retained as part of the Superior Court records for a period of five years from the date of the hearing. (k) The hearing must be closed to the public and kept confidential and a report of the proceedings may not be released to the public or press, except by approval of the court. (l) The court in consideration of the commitment of a person shall review: (1) The results of any diagnostic examination; (2) Evidence that supports the person's recent actions and behavior are due to the person's behavioral, mental, or substance use disorder; (3) Whether the person poses a likelihood of harm to his person, others, or to property; (4) Whether after full consideration of less restrictive treatment settings, services, and programs, inpatient hospitalization is determined to be the best available means for the treatment of the person; (5) Whether inpatient hospitalization is the best available means for the treatment of the person; (6) Whether the court is satisfied with the individual treatment plan offered by the Department of Health, the hospital, or treatment facility to which the petitioner seeks the person's involuntary commitment; and (7) Such other factors as the court considers proper. (m) If the court finds that the Government of the Virgin Islands has by clear, and convincing evidence, proved that the person requires commitment, the court shall issue an order committing the person to the care and custody of the Department of Health, Division of Behavioral Health. (n) If the court is not satisfied with the individual treatment plan as offered, it may continue the case for not longer than 20 days, pending resubmission of an individual treatment plan by the Department of Health, Division of Behavioral Health, hospital, or treatment facility. (o) A person committed under this section shall remain in the custody of the Department of Health, Division of Behavioral Health for treatment for a time established by the court, or for an indefinite period, in which latter case the person's commitment must be subjected to close periodic judicial scrutiny designed to protect the person from prolonged and unnecessary commitment. (p) Notwithstanding any other provisions of this subchapter to the contrary, a person, with respect to whom a motion for the issuance of an order for commitment has been filed, may not be released, or discharged during the pendency of the proceedings, unless: (1) The court orders release or discharge upon the request of the person or the person's guardian, parent, spouse or next of kin; (2) The court orders release or discharge upon the report of the subject of the hearing and examination and determines that the person may be discharged safely; (3) The court orders release or discharge upon a writ of habeas corpus under 5 V.I.C. § 3810; or (4) The person in need of more specialized treatment is transferred to another facility upon request by the Department of Health/Division of Behavioral Health, or order of the Superior Court. (q) The Department of Health, Division of Behavioral Health shall provide for adequate and appropriate treatment of a person committed to its custody. The Department of Health/Division of Behavioral Health may transfer any person committed to its custody from one approved public treatment facility to another if the transfer is medically advisable. (r) A person committed to the custody of the Department of Health/Division of Behavioral Health for treatment may be discharged at any time before the end of the period commitment, if the commitment for a time certain has been ordered by the court and if any of the following conditions set by the court are met: (1) In the case of persons suffering from behavioral health or substance use or disorders or both, if committed on the grounds of likelihood of infliction of physical harm upon themselves or another, the condition of release must show that: (A) The patterns of behavioral, mental, substance abuse disorders consumption are under control. (B) The individual is no longer drug dependent. (C) The likelihood no longer exists of their infliction of physical harm upon themselves or another. (2) In the case of a person suffering from behavioral health, mental health, or substance abuse disorders or both committed on the grounds of the need of treatment and incapacity, the condition of release must show that: (A) The incapacity no longer exists. (B) Further treatment will not be likely to bring about significant improvement in the person's condition. (C) Treatment is no longer adequate or appropriate. (s) If a private treatment facility agrees with the request of a competent person, parent, sibling, adult child, or guardian to accept the person for treatment, the administrator of the public treatment facility may transfer the person to a private treatment facility. (t) A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus. (u) When an order of involuntary commitment is entered, the person to be committed is prohibited from possessing or having under the person's control a firearm pursuant to 23 V.I.C. § 456a. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 431-435.

(a) A person may be ordered and administered treatment or medication only in conformance with this section. For the purposes of this section, involuntary treatment is limited to medication for the treatment of persons who suffer from behavioral health challenges or disorders and laboratory testing and medication for the monitoring and management of side effects, or for medication that the treating physician considers to be a part of urgently needed or lifesaving treatment. (b) If the person's primary treating physician proposes a treatment that in the exercise of the physician's professional judgment, believes is in the best interest of the patient and if the patient lacks clinical capacity to give informed consent to the proposed treatment or medication and the patient is unwilling or unable to comply with the proposed treatment, the patient's primary treating physician shall request the Court in writing for an order for the involuntary treatment or medication except as to the Bureau of Corrections where permitted by applicable law and policy guidelines. The request must be made to the Court and must include the following information: (1) The name of the patient, the patient's diagnosis and the unit in which the patient is hospitalized; (2) The date that the patient was committed to the facility and the period of the court-ordered commitment, or the amount of time under care; (3) A statement by the primary treating physician that the patient lacks the capacity to give informed consent to the proposed treatment. The statement must include documentation of a second opinion, stating that the patient lacks the capacity, and must be given by a professional qualified to issue such an opinion, who does not provide direct care to the patient, but who may work for the facility; (4) A description of the proposed course of treatment, including specific medications, routes of administration, and dose ranges, a proposal of alternative medications or routes of administration if any, and the circumstances under which any proposed alternative would be used; (5) A description of how the proposed treatment will benefit the patient and ameliorate identified signs and symptoms of the patient's illness, disorder or challenge; (6) A listing of the known or anticipated risks and side effects of the proposed treatment and how the prescribing physician will monitor, manage and minimize the risks and side effects; (7) Documentation of any underlying medical condition of the patient that contraindicates the proposed treatment; and (8) Documentation of any advance health-care directive that gives any declaration regarding the medical treatment of any disorders or illnesses. (c) The court order for treatment under this section may remain in effect for up to 120 days or until the end of the period of commitment, whichever is sooner unless altered by an agreement for a different course of treatment by the primary treating physician and patient or by modification or vacation of the order from the Commissioner or the Commissioner's designee, for a patient at a designated private behavioral health treatment facility. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 435, 436.

Release Proceedings; Hearing; Admissibility of Findings; Discharge (a) At any time after the start of a prosecution for a criminal offense and prior to the sentencing of the defendant, or at any time after the commencement of probation or supervised release and prior to the completion of the sentence, the defendant, his attorney, or the Attorney General, may file a motion for a hearing to determine the mental competency of the defendant, or the court may order a competency hearing sua sponte. (b) The court shall grant the motion, or shall order a hearing, if there is reasonable cause to believe that the defendant may presently be suffering from a mental health disorder rendering the defendant mentally incompetent to the extent that the defendant is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. (c) At a hearing ordered by the court to determine the competency of the defendant the defendant must be represented by counsel and, if the defendant is financially unable to obtain representation, the court shall appoint counsel for the defendant. (d) The defendant's attorney may call witnesses to testify, present evidence, subpoena witnesses on the defendant's behalf, and may confront and cross-examine witnesses who appear at the hearing. (e) The burden is upon the Government to prove the defendant competent by a preponderance of the evidence. (f) A finding by the court that the defendant is mentally competent to stand trial does not prejudice the defendant in raising an insanity as a defense to the offense charged and is not admissible as evidence in a trial for the offense charged. (g) After the hearing, if the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental health disorder rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense, the court shall commit the defendant to the custody of the Department of Health/Division of Behavioral Health. (h) Upon the court order the Department of Health/Division of Behavioral Health shall cause the hospitalization of the defendant for treatment in a suitable facility for the following: (1) A reasonable period not to exceed twelve months as is necessary to determine whether there is a probability that in the foreseeable future the defendant will attain the capacity to permit the proceedings to go forward or for an additional reasonable period of time whichever is earlier when: (A) The mental condition is so improved that trial may proceed if the court finds that there is a probability that within the additional period, the defendant will attain the capacity to permit the proceedings to go forward; or (B) The pending charges against the defendant are disposed of according to law. (2) If at the end of the period specified by the evaluation, it is determined that the defendant's mental condition has not so improved as to permit the proceedings to go forward, the defendant is subject to civil commitment procedures pursuant to sections 1026 and 1039. (i) When the administrator of the facility in which a defendant is hospitalized determines that the defendant has recovered to such an extent that the defendant is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense, the administrator shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. (j) The clerk shall send a copy of the certificate to the defendant's counsel and to the Attorney General. The court shall hold a hearing, conducted pursuant to section 1031 to determine the competency of the defendant. If, after the hearing, the court finds by a preponderance of the evidence that the defendant has recovered to such an extent that the defendant is able to understand the nature and consequences of the proceedings against defendant and to assist properly in their defense, the court shall order the defendant's immediate discharge from the facility in which the defendant is hospitalized and a hearing on their release, if incarcerated, must be held forthwith. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 437, 438.

(a) Upon the filing of a notice, as provided in Virgin Islands Rules of Criminal Procedure, that the defendant intends to rely on the defense of insanity, the court sua sponte, or upon motion of the Attorney General, shall order that a psychiatric or psychological examination of the defendant be conducted and that a psychiatric or psychological report be filed with the court under seal. (b) A defendant giving notice under subsection (a) is entitled to a jury trial. However, the defendant may voluntarily and knowingly waive the right to a jury trial. (c) The burden of proof will be on the People of the Virgin Islands to prove beyond a reasonable doubt that the defendant is criminally liable, and that the defendant unlawful act was not a product of behavioral challenges or mental health disorders. (d) In a proceeding under this section, the testimony of at least one qualified physician shall be heard, together with such other proper evidence as is presented by other part. After all the evidence is heard, the judge shall submit to the jury to determine the following special issues: (i) Is the defendant of unsound mind, (ii) If the foregoing is answered in the affirmative, is it necessary that the defendant be placed in treatment as a mentally ill person. (e) If the defense is insanity, the jury shall be instructed, if they find the defendant not guilty on that ground, to state that fact in their verdict, and the court shall thereupon commit the defendant to a forensic unit for custody, care, and treatment from which defendant shall not be discharged until the court is satisfied that defendant has regained their capacity for judgment, discretion and control of the conduct of their affairs and social relations. If no forensic unit exists in the Territory, the defendant shall remain in the custody of the Bureau of Corrections to be treated by the appropriate physicians until the necessary arrangements to transfer the defendant to a forensic unit outside of the Territory. (f) Where any defendant has been confined in a forensic unit pursuant to subsection (e) or otherwise in accordance with law, and the Director of the facility certifies that: (1) the defendant has regained his capacity for judgment, discretion and control of the conduct of his affairs and social relations; (2) in the opinion of the Director, the defendant is not currently dangerous to their person or others; and (3) in the opinion of the Director, the defendant is entitled to discharge from the forensic unit, and the certificate is filed with the clerk of the court in which the defendant was tried, and a copy thereof served on the Attorney General, the certificate shall be sufficient to authorize the court to order the discharge of the defendant so confined from further hospitalization. (g) The court in its discretion may, or upon objection of the Attorney General shall, after due notice, hold a hearing at which evidence as to the mental condition of the defendant so confined may be submitted, including the testimony of one or more psychiatrists from the facility. Evidence may be submitted upon deposition or interrogatories in the case of any facility located more than 100 miles from the Virgin Islands. (h) The court shall weigh the evidence and, if the court finds that the defendant has regained their capacity for judgment, discretion, and control of the conduct of their affairs and social relations and is not currently dangerous to their person or others, the court shall order the defendant discharged from further confinement in the facility. If the court does not so find, the court shall order the defendant returned to the facility. (i) Where, in the judgment of the Director of the Bureau of Corrections, a person confined pursuant to subsection (e), is not in such condition as to warrant their discharge, but is in a good condition to be conditionally released under supervision, and the certificate is filed and served in the same manner as provided in subsection (f)(3), the certificate is sufficient to authorize the court to order the release of the person under such conditions as the court sees fit. The provisions of subsection (g) as to a hearing prior to discharge also applies to conditional releases, and, if, after a hearing and weighing the evidence, the court finds the condition of the person warrants their conditional release, the court shall order their release under such conditions as the court sees fit, or, if the court does not so find, the court shall order the person returned to the facility; but in the case of a person confined to a forensic unit outside the Virgin Islands the order of conditional release must include a provision that the conditional release under supervision must be effected in the place in which the person was tried and within the jurisdiction of the court. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 438-440.

Disorder Or Mental Disorder A defendant found guilty of an offense, or the defendant's attorney or the Attorney General, not later than 10 days after the defendant is found guilty, and prior to the time the defendant is sentenced, may file a motion for a hearing on the present mental condition of the convicted person. The motion must be supported by information indicating that the convicted person may presently be suffering from a behavioral disorder, mental health disorder, and the basis for the request for the treatment of which the convicted person is in need of custody for care or treatment in a suitable facility. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 440.

The person whose mental condition is the subject of the hearing must be represented by counsel and, if the person is financially unable to obtain representation, the court shall appoint counsel for the person. The person must be afforded an opportunity to testify, to present evidence, to subpoena witnesses on their behalf, and to confront and cross-examine witnesses who appear at the hearing. The burden is upon the People to prove the person competent by a preponderance of the evidence. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 440.

(a) If, after the hearing, the court finds by a preponderance of the evidence that the convicted person is presently suffering from a behavioral disorder or mental health disorder and that the person in lieu of being sentenced to imprisonment, should be committed to an approved treatment facility for care or treatment, the court shall commit the convicted person to the custody of the Bureau of Corrections. The Bureau of Corrections shall make recommendations to the Department of Health for the evaluation by a hospital for admission, or the hospitalization of the convicted person for care or treatment in an approved treatment facility. (b) Upon consultation with Department of Health, and before the Bureau of Corrections relocates the defendant, notice must be given to all affected involved parties, including the Department of Justice, and counsel for the convicted person. The commitment constitutes a provisional sentence of imprisonment to the maximum term authorized by law for the offense for which the convicted person was found guilty. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 440, 441.

When the administrator of the facility in which the convicted person is hospitalized determines that the convicted person has been stabilized and is compliant with the treatment for their behavioral disorder or mental health disorder to such an extent that the person is no longer in need of custody for care or treatment in such a facility, the administrator shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. If at the time of the filing of the certificate, the provisional sentence imposed has not expired, the court may proceed to sentencing or the convicted person shall finish his term of incarceration. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 441.

But Suffering From Behavioral Health Challenges Or Mental Health Disorders (a) The director of the Bureau of Corrections shall notify the Division of Behavioral Health that the sentence of a person in the custody of the Bureau of Corrections is about to expire and the person is presently suffering from a behavioral health challenge or a mental health disorder as certified by a qualified physician as a result of which the person's release would create a risk of bodily injury to another person or serious damage to property of another if the person is released into the community. (b) The Director of Behavioral Health shall notify the Department of Justice and shall proceed under section 1026. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 441.

(a) The court may order the Department of Health, Division of Behavioral Health to conduct a psychiatric or psychological examination of a person. The cost of the report(s) must be paid as determined by the court. A psychiatric or psychological report ordered by the court must be prepared by the examiner and submitted to the court within 30 days unless ordered otherwise by the court. The psychiatric or psychological report must be filed with the court under seal with copies provided to all counsel all of record, and must include: (1) The person's history and present symptoms; (2) A description of the psychiatric, psychological, and medical tests that were employed and their results; (3) The examiner's findings; (4) The examiner's opinions as to diagnosis, prognosis, as well as: (5) Information regarding whether the person is suffering from a mental health disorder rendering the person mentally incompetent to the extent that the person is unable to understand the nature and consequences of the proceedings against them or to assist properly in their defense; (6) Whether the person was insane at the time of the offense charged or suffering from some mental health disorder; (7) Whether the person is suffering from a mental health disorder and as a result would create a risk of bodily injury to another person or serious damage to property of another; (8) Whether the person is a sexually dangerous person, if applicable; (9) Whether the person is suffering from a mental health disorder as a result of which the person is in need of custody for care or treatment in a suitable facility; (10) If the examination is ordered as a part of a presentence investigation; any recommendation the examiner may have as to how the mental condition of the defendant should affect the sentence and a proposed treatment plan; and (11) Whether the person is competent to stand trial or any other judicial proceedings. (b) The administrator of the facility in which a person is committed shall prepare quarterly reports. These reports must address the mental condition of the person and recommendations concerning the need for the person's continued commitment. The reports must also state the rehabilitation programs the person is undergoing at the facility. The reports must be submitted to the court, all counsel of record, and to other persons as the court may direct. (c) The court sua sponte or upon written motion of, defense counsel, or counsel of record for the Department of Justice, may order a videotape record made of the defendant's testimony or interview upon which the periodic report is based. The videotape records must be submitted to the court along with the periodic report. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 441, 442.

If any person confined in the behavioral health treatment hospital or institution escapes from the facility, law enforcement officers or officers within the Division of Behavioral Health shall apprehend and return the person to the Behavioral Health and Developmental Disabilities Facility. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 442.

Nothing contained in sections 1028, 1029, or 1034 precludes a person who is committed under any the sections from establishing by writ of habeas corpus the illegality of the person's detention. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 443.

If any provision of this subchapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the remaining provisions of this chapter. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 443.

Determination By Court; Termination of Civil Commitment (a) If the Superior Court of the Virgin Islands has reason to believe that an eligible person suffers from substance use disorder, the court may advise the person at the person's first appearance that the prosecution of the criminal charge will be held in abeyance if the person elects to submit to an immediate examination to determine whether there is a diagnosis of substance use disorder and is likely to be rehabilitated through treatment. (b) In offering a person an election, the court shall advise the person that an election to be examined, will result in confinement during the examination for a period not to exceed 30 days unless ordered otherwise by the court, and if diagnosed with substance use disorder that is likely to rehabilitated, and voluntary withdrawal from examination or treatment that may follow is not exercised, civil commitment to the Commissioner of Health or Administrator of Treatment Facilities for treatment that will occur under the following conditions: (1) The treatment will last for as long as the Administrator of Medical practitioner may determine, but in no event for more than 36 months; and (2) During treatment, the person will be confined in an institution, and at the discretion of the Commissioner of Health may be conditionally released for supervised aftercare treatment in the community. (c) If the person successfully completes treatment to the satisfaction of the court, the charges must be dismissed, but if the person fails to complete treatment, prosecution on the charge may be resumed. (d) A person, upon being advised of the ability to elect to submit to an examination, must be permitted a maximum of five days within which to make the election, and the election must be in writing and must contain a waiver of the right to release on bail or upon the person's own recognizance. (e) The time for election may be extended only upon a showing that a timely election could not have been made, and a person was barred from an election after the prescribed period. (f) A person who elects civil commitment must be placed in the custody of the Commissioner of Health, as the court directs, for an examination by a qualified medical practitioner designated by the Commissioner during a period not to exceed 30 days. This period may be extended by the Commissioner of Health for an additional 30 days upon notice to the court and the Attorney General charged with the prosecution of the complaint. (g) The Commissioner of Health shall report to the court the results of the examination and recommend whether the person should be civilly committed. A copy of the report must be made available to the person and the Attorney General. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 443, 444.

The determination of substance use disorder, and the subsequent civil commitment under this subchapter may not be deemed a criminal conviction. The results of any tests or procedures conducted by the Commissioner of Health or the supervisory aftercare authority to determine addiction may be used only in a further proceeding under this subchapter. They shall not be used against the examined person in any criminal proceeding except for the fact that the person is suffering from substance use disorder may be elicited on the person's cross-examination as bearing on the person's credibility as a witness. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 444.

Physicians appointed by the court to examine any person pursuant to this subchapter and counsel assigned by the court to represent any person in commitment proceedings under this subchapter are entitled to reasonable compensation, in an amount to be determined by the court, to be paid, upon order of the court, out of the funds as may be provided by law. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 444.

Any person who escapes or attempts to escape while committed to institutional custody for examination or treatment under this subchapter, or any person who rescues or attempts to rescue or instigates, aids, or assists the escape or attempts to assist the escape of the person, is subject to the penalties provided in title 14 V.I.C. § 661, § 662 and § 663. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 444.

Any person who knowingly makes any false statement to the Attorney General in any petition of this subchapter is subject to the penalty prescribed in title 14 V.I.C. § 843. History: Added Jan. 19, 2023, No. 8688, § 3, Sess. L. 2022, p. 444.

As used in this subchapter, the following terms have the following meanings: (a) "Bodily injury" means any act, except one done in self-defense, that results in physical injury or sexual abuse. (b) "Community member" means a licensed health-care professional or behavioral health professional who, through a direct professional relationship, provided care to the respondent or the respondent's child within six months before requesting the protection order or an educator who, through a direct professional relationship, interacted with the respondent or the respondent's child within six months before requesting the protection order. (c) "Extreme Risk Protection Order" means a final order issued by the Superior Court, prohibiting the respondent from owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition pursuant to this subchapter. (d) "Family or household member" means, with respect to a respondent, any: (1) Person related by blood, marriage, or adoption to the respondent; (2) Person who has a child in common with the respondent, regardless of whether the person has been married to the respondent or has lived together with the respondent at any time. (3) Person who regularly resides or regularly resided with the respondent within the last six months; (4) Domestic partner of the respondent; (5) Person who has a biological or legal parent-child relationship with the respondent, including stepparents and stepchildren and grandparents and grandchildren; and (6) Person who is acting or has acted as the respondent's legal guardian. (e) "Law enforcement officer" means a peace officer as defined in 5 V.I.C. 3561, police officer, probation officer, parole officer, correction officer, warden, prison guard, or marshal. (f) "Licensed health-care professional" means a school nurse who holds a current nursing license, or a physician, physician assistant, or licensed nurse practitioner who is a primary provider of health services to a respondent; a psychiatrist; or a licensed emergency room medical care provider. (g) "Behavioral health professional" means a psychiatrist, psychologist, licensed professional social worker, marriage and family therapist, licensed professional counselor, or addiction counselor. (h) "Petitioner" means the person who petitions for an extreme risk protection order pursuant to this subchapter. (i) "Respondent" means the individual who is identified as the respondent in a petition filed under this subchapter. (j) "Temporary Extreme Risk Protection Order" means a temporary order issued by the Superior Court, prohibiting the respondent from owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition pursuant to this subchapter. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 216, 217.

(a) A family or household member of the respondent, a community member, licensed healthcare professional, behavioral health professional, or a law enforcement officer or agency may request a temporary extreme risk protection order without notice to the respondent by including in the petition, an affidavit, signed under oath and penalty of perjury, that sets forth detailed allegations based on personal knowledge that the respondent poses a significant danger of causing personal injury to himself, herself, or others, in the near future by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition. If the petitioner is a law enforcement officer or law enforcement agency, the law enforcement officer or law enforcement agency shall concurrently file an affidavit for a search warrant to search for any firearms in the possession or control of the respondent at a location or locations to be named in the warrant. (b) Notwithstanding any law to the contrary, a licensed health-care professional or behavioral health professional authorized to file a petition for an extreme risk protection order, upon filing the petition for an extreme risk protection order, may disclose protected health information of the respondent as necessary for the full investigation and disposition of the petition for an extreme risk protection order. When disclosing protected health information, the licensed health-care professional or behavioral health professional shall make reasonable efforts to limit protected health information to the minimum necessary to accomplish the filing of the request. Upon receipt of a petition by a licensed health-care professional, or behavioral health professional, and for good cause shown, the court may issue orders to obtain any records or documents relating to diagnosis, prognosis, or treatment, and clinical records, of the respondent as necessary for the full investigation and disposition of the petition for an extreme risk protection order. When protected health information is disclosed or when the court receives any records or documents related to diagnosis, prognosis, or treatment or clinical records, the court shall order that the parties are prohibited from using or disclosing the protected health information for any purpose other than the proceedings for a petition for an extreme risk protection order and shall order the return to the covered entity or destroy the protected health information, including all copies made, at the end of the litigation or proceeding. The court shall seal all records and other health information received that contain protected health information. The decision of a licensed health-care professional or behavioral health professional to disclose or not to disclose records or documents relating to the diagnosis, prognosis, or treatment, and clinical records of a respondent, when made reasonably and in good faith, may not be the basis for any civil, administrative, or criminal liability with respect to the licensed health-care professional or behavioral health professional. (c) In considering whether to issue a temporary extreme risk protection order under this section, the court shall consider all relevant evidence, including the evidence described in section 1004(f). (d) The court shall issue a temporary extreme risk protection order if the court finds by a preponderance of the evidence presented pursuant to section 1004(f), the respondent poses a significant risk of causing personal injury to self or others in the near future by having in the respondent's custody or control a firearm or by purchasing, possessing, or receiving a firearm. (e) The court shall hold a temporary extreme risk protection order hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed. The court may schedule a hearing by telephone pursuant to local court rule to reasonably accommodate a disability or, in exceptional circumstances, to protect a petitioner from potential harm. The court shall require assurances of the petitioner's identity before conducting a telephonic hearing. A copy of the telephonic hearing must be provided to the respondent prior to the hearing for an extreme risk protection order. (f) In accordance with section 1003, the court shall schedule a hearing within fourteen days after the issuance of a temporary extreme risk protection order to determine if a 12-month extreme risk protection order should be issued pursuant to this subchapter. Notice of that hearing date must be included with the temporary extreme risk protection order that is served on the respondent. The court shall provide notice of the hearing date to the petitioner. (g) Any temporary extreme risk protection order issued expires on the date and time of the hearing on the extreme risk protection order petition or the withdrawal of the petition. (h) A temporary extreme risk protection order must include: (1) A statement of the grounds asserted for the order; (2) The date the order was issued; (3) The address of the court in which any responsive pleading may be filed; (4) The date and time of the scheduled hearing; and (5) A description of the requirements for the surrender of all firearms and ammunition that the respondent owns; and (6) The following statement: To the subject of this temporary extreme risk protection order: this order is valid until the date and time noted above. You may not have in your custody or control a firearm or purchase, possess, receive, or attempt to purchase or receive a firearm while this order is in effect. You must immediately surrender to the Virgin Islands Police Department all firearms in your custody or possession, and any concealed carry permit issued to you. A hearing will be held on the date and at the time noted above to determine if an extreme risk protection order should be issued. Failure to appear at that hearing may result in a court entering an order against you that is valid for 12 months. An attorney will be appointed to represent you, or you may seek the advice of your own attorney at your own expense as to any matter connected with this order. (i) A law enforcement officer shall serve a temporary extreme risk protection order concurrently with the notice of hearing and petition for an extreme risk protection order, with a notice that includes referrals to appropriate resources, including domestic violence, behavioral health, and counseling resources, upon the Respondent personally in the same manner as provided for in section 1105 where the respondent resides. (j) If the court issues a temporary extreme risk protection order, the court shall state the particular reasons for the court's issuance. If the court declines to issue a temporary extreme risk protection order, the court shall state the particular reasons for the court's denial. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 217-219.

(a) A family or household member of the respondent, a community member, licensed healthcare professional, behavioral health professional, or a law enforcement officer, or agency may file a petition for an extreme risk protection order that sets forth detailed allegations based on personal knowledge that the respondent poses a significant danger of causing personal injury to himself or herself or others in the near future by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition. If the petition is filed by a law enforcement officer or agency, the Department of Justice shall represent the officer or agency in any judicial proceeding upon request. If the petition is filed by a family or household member or community member, the petitioner, to the best of the petitioner's ability, shall notify the law enforcement agency in the jurisdiction where the respondent resides of the petition and the hearing date with enough advance notice to allow for participation or attendance. Upon the filing of a petition, the court shall appoint an attorney to represent the respondent, and the court shall include the appointment in the notice of hearing provided to the respondent pursuant to § 1104. The respondent may replace the attorney with an attorney of the respondent's own selection at any time at the respondent's own expense. The court shall pay the attorney fees for an attorney appointed for the respondent. (b) Notwithstanding any law to the contrary, a licensed health-care professional or behavioral health professional authorized to file a petition for an extreme risk protection order, upon filing the petition for an extreme risk protection order, may disclose protected health information, of the respondent as necessary for the full investigation and disposition of the petition for an extreme risk protection order. When disclosing protected health information, the licensed health-care professional or behavioral health professional shall make reasonable efforts to limit protected health information to the minimum necessary to accomplish the filing of the request. Upon receipt of a petition by a licensed health-care professional or behavioral health professional and for good cause shown, the court may issue orders to obtain any records or documents relating to diagnosis, prognosis, or treatment, and clinical records, of the respondent as necessary for the full investigation and disposition of the petition for an extreme risk protection order. When protected health information is disclosed or when the court receives any records or documents related to diagnosis, prognosis, or treatment or clinical records, the court shall order that the parties are prohibited from using or disclosing the protected health information for any purpose other than the proceedings for a petition for an extreme risk protection order and shall order the return to the covered entity or destroy the protected health information, including all copies made, at the end of the litigation or proceeding. The court shall seal all records and other health information received that contain protected health information. The decision of a licensed health-care professional or behavioral health professional to disclose or not to disclose records or documents relating to the diagnosis, prognosis, or treatment, and clinical records of a respondent, when made reasonably and in good faith, may not be the basis for any civil, administrative, or criminal liability with respect to the licensed health-care professional or behavioral health professional. (c) An action under this subchapter must be filed in the division where the petitioner's law enforcement office is located or the division where the respondent resides. (d) The petition must: (1) Allege that the respondent poses a significant danger of causing personal injury to himself or herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing, possessing, or receiving a firearm or any ammunition, and must be accompanied by an affidavit made under oath stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent; (2) Identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in the respondent's current ownership, possession, custody, or control; (3) Identify whether the respondent is required to possess, carry, or use a firearm as a condition of the respondent's current employment; (4) Identify whether there is a known existing domestic abuse protection order or emergency protection order governing the petitioner or respondent; (5) Identify whether there is a pending lawsuit, complaint, petition, or other action between the parties to the petition; and (6) If the petitioner is not a law enforcement agency, identify whether the petitioner informed a local law enforcement agency regarding the respondent. (e) The petitioner shall make a good faith effort to provide notice to a family or household member of the respondent and to any known third party who may be at risk of violence. The notice must state that the petitioner intends to petition the court for an extreme risk protection order or has already done so and must include referrals to appropriate resources, including mental health, threat of violence or harm due to mental health episodes, domestic violence, and counseling resources. The petitioner shall attest in the petition to having provided such notice or shall attest to the steps that will be taken to provide the notice. (f) The petitioner shall list the address of record on the petition as being where the appropriate law enforcement agency is located. (g) A court or a public agency may not charge fees for filing or for service of process to a petitioner seeking relief under this subchapter and shall provide the necessary number of certified copies, forms, and instructional brochures free of charge. (h) A person is not required to post a bond to obtain relief in any proceeding under this subchapter. (i) The Superior Court of the Virgin Islands has jurisdiction over proceedings under this subchapter. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 219-221.

(a) Upon receipt of a petition, the court shall order a hearing to be held no later than 14 days after the date of the order and shall issue a notice of hearing to the respondent for the same. The court shall provide the notice of the hearing no later than one court day after the date of the extreme risk protection order petition. The court may schedule a hearing by telephone pursuant to local court rule to reasonably accommodate a disability or, in exceptional circumstances, to protect a petitioner from potential harm. The court shall require assurances of the petitioner's identity before conducting a telephonic hearing. (b) Before the next court day, the court clerk shall forward a copy of the notice of hearing and petition to the law enforcement agency in the jurisdiction where the respondent resides for service upon the respondent. (c) A copy of the notice of hearing and petition must be served upon the respondent in accordance with the rules for service of process as provided in rule 4 of the Virgin Islands Rules of Civil Procedure. Service issued pursuant to this section takes precedence over the service of other documents unless the other documents are of a similar emergency nature. (d) The court may, as provided in section 1002, issue a temporary extreme risk protection order pending the hearing ordered under this section. Such temporary order must be served concurrently with the notice of hearing and petition as provided in section 1005. (e) Upon notice and a hearing on the matter, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm or any ammunition, the court must issue an extreme risk protection order for a period that is considered appropriate, up to and including but not exceeding 12 months. (f) In determining whether grounds for an extreme risk protection order exist, the court may consider any relevant evidence, including: (1) A recent act or credible threat of violence by the respondent against self or others, whether or not such violence or credible threat of violence involves a firearm; (2) A pattern of acts or credible threats of violence by the respondent within the past year, including but not limited to acts or credible threats of violence by the respondent against self or others; (3) A violation by the respondent of a Harassment Prevention Order issued pursuant to 14 V.I.C. 113. (4) A previous or existing extreme risk protection order issued against the respondent and a violation of a previous or existing extreme risk protection order; (5) A conviction of the respondent for a crime that included an underlying factual basis of domestic violence as defined in 16 V.I.C. 91, or a violation by the respondent of a restraining order issued pursuant to 16 V.I.C. 97. (6) The respondent's ownership, access to, or intent to possess a firearm; (7) A credible threat of or the unlawful or reckless use of a firearm by the respondent; (8) The history of use, attempted use, or threatened use of unlawful physical force by the respondent against another person, or the respondent's history of stalking another person; (9) Any prior arrest of the respondent for a crime involving a weapon or a crime against another person; (10) Evidence of the respondent's abuse of controlled substances or alcohol; (11) Whether the respondent is required to possess, carry, or use a firearm as a condition of the respondent's current employment; (12) Evidence of recent acquisition of a firearm or ammunition by the respondent; (13) Any relevant information from family and household members concerning the respondent; and (14) Witness testimony, taken while the witness is under oath, relating to the matter before the court. (g) A person, including an officer of the court, who offers evidence or recommendations relating to the cause of action either shall present the evidence or recommendations in writing to the court with copies to each party and his or her attorney, if one is retained, or must present the evidence under oath at a hearing at which all parties are present. (h) In a hearing under this section, the rules of evidence apply to the same extent as in a domestic violence restraining order proceeding under title 16 of the Virgin Islands Code. (i) During the hearing, the court must consider whether a mental health evaluation, chemical dependency evaluation or emergency commitment is appropriate and, if such determination is made, may order such evaluations, as appropriate. (j) An extreme risk protection order must include: (1) A statement of the grounds supporting the issuance of the order; (2) The date the order was issued; (3) The date the order expires; (4) Whether a mental health evaluation, chemical dependency evaluation or emergency commitment of the respondent is required; (5) The address of the court in which any responsive pleading should be filed; (6) A description of the requirements for the surrender of all firearms and ammunition that the respondent owns, under § 120(f); and (7) The following statement: "To the subject of this protection order: This order will last until the date noted above. If you have not done so already, you must surrender immediately to the (Virgin Islands Police Department) all firearms and ammunition that you own in your custody, control, or possession and any license to carry a concealed weapon or firearm issued to you under the Virgin Islands Code. You may not have in your custody or control, or purchase, possess, receive, or attempt to purchase or receive, a firearm or ammunition while this order is in effect. You shall request one hearing to vacate this order, starting after the date of the issuance of this order, and to request another hearing after every extension of the order, if any, and may seek the advice of an attorney as to any matter connected with this order." (k) If the court issues an extreme risk protection order, the court must inform the respondent that he or she is entitled to request a hearing to vacate the order in the manner provided by section 1006. The court shall provide the respondent with a form to request a hearing to vacate. (l) If the court denies the petitioner's request for an extreme risk protection order, the court must state the particular reasons for the denial. (m) If the court denies the issuance of an extreme risk protection order but ordered a temporary extreme risk protection order and a law enforcement agency took custody of the respondent's concealed carry permit or the respondent surrendered the respondent's concealed carry permit as a result of the temporary extreme risk protection order, the officer who issued the concealed carry permit shall reissue the concealed carry permit to the respondent within three days, at no charge to the respondent. (n) If the court issues an extreme risk protection order and the petitioner is a law enforcement officer or agency or community member, the petitioner shall make a good-faith effort to provide notice of the order to a family or household member of the respondent and to any known third party who may be at direct risk of violence. The notice must include referrals to appropriate resources, including domestic violence, behavioral health, and counseling resources. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 221-224.

(a) An extreme risk protection order issued pursuant to section 1004 must be served personally upon the respondent. (b) The law enforcement agency in the district where the respondent resides shall serve the respondent personally. (c) On or before the next court day, the clerk of court shall forward a copy of the extreme risk protection order, issued pursuant to 1004, to the law enforcement agency specified in the order for service. Service of an order issued pursuant to this subchapter takes precedence over the service of other documents, unless the other documents are of a similar emergency nature. (d) If the law enforcement agency cannot complete service upon the respondent within five days, the law enforcement agency shall notify the petitioner. The petitioner shall then provide any additional information regarding the respondent's whereabouts to the law enforcement agency to effect service. The law enforcement agency may request additional time to allow for the proper and safe planning and execution of the court order. (e) If an extreme risk protection order entered by the court states that the respondent appeared in person before the court, the necessity for further service is waived, and proof of service of that order is not necessary. (f) Returns of service pursuant to this subchapter must be made in accordance with the applicable court rules. (g) If the respondent is a veteran and there are any criminal charges against the respondent that result from the service or enforcement of the extreme risk protection order, the judge shall refer the case to a veterans' court if the jurisdiction has a veterans' court and the charges are veterans' court eligible. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 224, 225.

(a) The respondent may submit one written request for a hearing to vacate an extreme risk protection order issued under this subchapter, starting after the date of the issuance of the order, and may request another hearing after every extension of the order, if any. (b) Upon receipt of the request for a hearing to vacate an extreme risk protection order, the court shall set a date for a hearing. Notice of the request must be served on the petitioner. The hearing must occur no sooner than 14 days and no later than 30 days after the date of service of the request upon the petitioner. (c) The respondent shall have the burden of proving by clear and convincing evidence that the respondent does not pose a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control, purchasing, possessing, or receiving a firearm or ammunition. The court may consider any relevant evidence, including evidence of the considerations listed in section 1004(f). (d) If the court finds after the hearing that the respondent has met his or her burden of proof, the court must vacate the order. (e) The law enforcement agency holding any firearm or ammunition or license to carry a concealed weapon or firearm that has been surrendered pursuant section 1007, shall be notified of the court order to vacate the risk protection order. (f) The court shall notify the petitioner of the impending end of an extreme risk protection order. Notice must be received by the petitioner at least 30 days before the date the order ends. (g) The petitioner may, by motion, request an extension of an extreme risk protection order at any time within 30 days before the end of the order. (h) Upon receipt of the motion to extend, the court shall order that a hearing be held no later than 14 days after the date the order is issued and shall schedule a hearing. The court may schedule a hearing by telephone in the manner provided by section 1002(e). The respondent must be personally serviced in the same manner provided by section 1005. (i) In determining whether to extend an extreme risk protection order issued under this subchapter, the court may consider all relevant evidence, including evidence of the considerations listed in section 1004(f). (j) If the court finds by clear and convincing evidence that the requirements for issuance of an extreme risk protection order as provided in section 1004 continue to be met, the court shall extend the order. However, if, after notice, the motion for extension is uncontested and no modification of the order is sought, the order may be extended on the basis of a motion or affidavit stating that there has been no material change in relevant circumstances since the entry of the order and stating the reason for the requested extension. (k) The court may extend an extreme risk protection order for a period that it considers appropriate, up to and including but not exceeding 12 months, subject to an order to vacate as provided in section 1006, or to another extension order by the court. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 225, 226.

(a) Upon issuance of an extreme risk protection order under this subchapter, including a temporary extreme risk protection order, the court shall order the respondent to surrender to the local law enforcement agency all firearms and ammunition owned by the respondent in the respondent's custody, control, or possession except as provided in section 1008, and any license to carry a concealed weapon or firearm issued under Virgin Islands law, held by the respondent. (b) The law enforcement officer serving an extreme risk protection order under this subchapter, including a temporary extreme risk protection order, shall request that the respondent immediately surrender all firearms and ammunition owned by the respondent in the respondent's custody, control, or possession and any license to carry a concealed weapon or firearm issued under Virgin Islands law, held by the respondent. The law enforcement officer shall take possession of all firearms and ammunition owned by the respondent, and any licenses to carry concealed weapons or firearms held by the respondent, alternatively, if personal service by a law enforcement officer is not possible or is not required because the respondent was present at the risk protection order hearing, the respondent shall surrender any firearms and ammunition owned by the respondent and any licenses to carry concealed weapons or firearms issued under Virgin Islands law held by the respondent, in a safe manner to the control of the local law enforcement agency immediately after being served with the order by service or immediately after the hearing at which the respondent was present. The law enforcement agency shall store a firearm surrendered by the respondent in accordance with the agency's procedures for storing firearms in police custody. Notwithstanding any law, a law enforcement officer may seek a search warrant from a court of competent jurisdiction to conduct a search for firearms or ammunition owned by the respondent if the officer has probable cause to believe that there are firearms or ammunition owned by the respondent in the respondent's custody, control, or possession which have not been surrendered. (c) At the time of surrender, a law enforcement officer taking possession of any firearm or ammunition owned by the respondent, or a license to carry a concealed weapon or firearm issued under Virgin Islands law, held by the respondent shall issue a receipt identifying all firearms and the quantity and type of ammunition that have been surrendered, and any license surrendered and shall provide a copy of the receipt to the respondent. Within 72 hours after service of the order, the law enforcement officer serving the order shall file the original receipt with the court and shall ensure that his or her law enforcement agency retains a copy of the receipt. (d) Upon the sworn statement or testimony of any person alleging that the respondent has failed to comply with the surrender of firearms or ammunition owned by the respondent, as required by an order issued under this subchapter, the court shall determine whether probable cause exists to believe that the respondent has failed to surrender all firearms or ammunition owned by the respondent in the respondent's custody, control, or possession. If the court finds that probable cause exists, the court must issue a warrant describing the firearms or ammunition owned by the respondent and authorizing a search of the locations where the firearms or ammunition owned by the respondent are reasonably believed to be found and the seizure of any firearms or ammunition owned by the respondent discovered pursuant to such search. (e) If a person other than the respondent claims title to any firearms or ammunition surrendered pursuant to this subchapter and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or ammunition, the firearm or ammunition shall be returned to him or her, if: (1) The lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have access to or control of the firearm or ammunition; and (2) The firearm or ammunition is not otherwise unlawfully possessed by the owner. (f) Upon the issuance of an extreme risk protection order, the court shall order a new hearing date and require the respondent to appear no later than 3 business days after the issuance of the order. The court shall require proof that the respondent has surrendered any firearms or ammunition owned by the respondent in the respondent's custody, control, or possession. The court may cancel the hearing upon a satisfactory showing that the respondent is in compliance with the order. (g) All law enforcement agencies must develop policies and procedures regarding the acceptance, storage, and return of firearms, ammunition, or licenses required to be surrendered under this subchapter. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 226-228.

(a) A respondent may elect to transfer all firearms and ammunition owned by the respondent that have been surrendered to or seized by a local law enforcement agency pursuant to section 1007 to another person who is willing to receive the respondent's firearms and ammunition. The law enforcement agency must allow such a transfer only if it is determined that the chosen recipient: (1) Currently is eligible to own or possess a firearm and ammunition under federal and Virgin Islands law after confirmation through a background check; (2) Attests to storing the firearms and ammunition in a manner such that the respondent does not have access to or control of the firearms and ammunition until the risk protection order against the respondent is vacated or ends without extension; and (3) Attests not to transfer the firearms or ammunition back to the respondent until the risk protection order against the respondent is vacated or ends without extension. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 228.

(a) If an extreme risk protection order is vacated or ends without extension, a law enforcement agency holding a firearm or any ammunition owned by the respondent or a license to carry a concealed weapon or firearm issued under Virgin Islands law held by the respondent, that has been surrendered or seized pursuant to this subchapter must return such surrendered firearm, ammunition, or license to carry a concealed weapon or firearm as requested by a respondent only after confirming through a background check that the respondent is currently eligible to own or possess firearms and ammunition and after confirming with the court that the risk protection order has been vacated or has ended without extension. (b) A law enforcement agency must provide notice to any family or household members of the respondent before the return of any surrendered firearm and ammunition owned by the respondent. (c) Any firearm and ammunition surrendered by a respondent pursuant to section 1007, which remains unclaimed for 1 year by the lawful owner after the issuance of an order to vacate the risk protection order, shall be disposed of in accordance with the law enforcement agency's policies and procedures for the disposal of firearms in police custody or by court order. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 228, 229.

(a) Within 24 hours after issuance, the clerk of the court shall enter any extreme risk protection order or temporary extreme risk protection order issued under this subchapter into the uniform case reporting system. (b) Within 24 hours after issuance, the clerk of the court shall forward a copy of an order issued under this subchapter to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order, the law enforcement agency shall enter the order into the National Crime Information Center. The order must remain in each system for the period stated in the order, and the law enforcement agency may only remove an order from the systems that has ended or been vacated. Entry of the order into the National Crime Information Center constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in the entire Territory of the United States Virgin Islands. (c) The issuing court shall, within three business days after issuance of an extreme risk protection order or temporary extreme risk protection order, forward all available identifying information concerning the respondent, along with the date of order issuance, to the Virgin Islands Police Department. Upon receipt of the information, the department shall determine if the respondent has a license to carry a concealed weapon or firearm. If the respondent does have a license to carry a concealed weapon or firearm, the department must immediately suspend the license. (d) If an extreme risk protection order is vacated before its end date, the clerk of the court shall, on the day of the order to vacate, forward a copy to the Virgin Islands Police Department specified in the order to vacate. Upon receipt of the order, the law enforcement agency shall promptly remove the order from any computer-based system in which it was entered. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 229.

(a) A person who makes a false statement, which the person does not believe to be true, under oath in a hearing under this subchapter, with regard to any material matter, commits a felony pursuant to 14 V.I.C § 1541. (b) A person who has in his or her custody or control a firearm or any ammunition or who purchases, possesses, or receives a firearm or any ammunition with knowledge that he or she is prohibited from doing so by an order issued under this subchapter, commits a felony pursuant to 23 V.I.C. § 456a and will be penalized pursuant to 23 V.I.C. § 484. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 230.

This subchapter does not affect the ability of a law enforcement officer to remove a firearm or ammunition or license to carry a concealed weapon or concealed firearm from any person or to conduct any search and seizure for firearms or ammunition pursuant to other lawful authority. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 230.

Except as provided in section 1111, this subchapter does not impose criminal or civil liability on any person or entity for acts or omissions related to obtaining an extreme risk protection order or temporary extreme risk protection order, including, but not limited to, providing notice to the petitioner, a family or household member of the respondent, and any known third party who may be at risk of violence or failure to provide such notice, or reporting, declining to report, investigating, declining to investigate, filing, or declining to file, a petition under this subchapter. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 230.

(a) The Office of the Administrator of Courts shall develop and prepare instructions and informational brochures, standard petitions and risk protection order forms, and a court staff handbook on the extreme risk protection order process. The standard petition and order forms must be used after January 1, 2024, for all petitions filed and orders issued pursuant to this subchapter. The office shall determine the significant non-English-speaking or limited English-speaking populations and prepare the instructions and informational brochures and standard petitions and risk protection order forms in such languages. The instructions, brochures, forms, and handbook must be prepared in consultation with interested persons, including representatives of gun violence prevention groups, judges, the Virgin Islands Police Department, the Department of Health and law enforcement personnel. Materials must be based on best practices and must be available online to the public. (b) The instructions must be designed to assist petitioners in completing the petition and must include a sample of a standard petition and order for protection forms. (c) The instructions and standard petition must include a means for the petitioner to identify, with only layman's knowledge, the firearms or ammunition the respondent may own, possess, receive, or have in his or her custody or control. The instructions must provide pictures of types of firearms and ammunition that the petitioner may choose from to identify the relevant firearms or ammunition or must provide an equivalent means to allow petitioners to identify firearms or ammunition without requiring specific or technical knowledge regarding the firearms or ammunition. (d) The informational brochure must describe the use of and the process for obtaining, extending, and vacating an extreme risk protection order under this subchapter and must provide relevant forms. (e) The risk protection order form must include, in a conspicuous location, notice of the criminal penalties resulting from a violation of the order and the following statement: "You have the sole responsibility to avoid or refrain from violating this order's provisions. Only the court can change the order and only upon written request." (f) The court staff handbook must allow for the addition of a community resource list by the clerk of the court. (g) Any clerk of court may create a community resource list of crisis intervention, mental health, substance abuse, interpreter, counseling, and other relevant resources serving the county in which the court is located. The court may make the community resource list available as part of or in addition to the informational brochures described in subsection (a). (h) The Office of the Administrator of Courts shall distribute a master copy of the petition and order forms, instructions, and informational brochures to the clerks of court. Distribution of all documents shall, at a minimum, be in an electronic format or formats accessible to all courts and clerks of court in the Territory. (i) Within 90 days after receipt of the master copy from the Office of the Administrator of Courts, the clerk of the court shall make available the standardized forms, instructions, and informational brochures required by this subsection. (j) The Office of the Administrator of Courts shall update the instructions, brochures, standard petition and risk protection order forms, and court staff handbook as necessary, including when changes in the law make an update necessary. History: Added Jan. 20, 2024, No. 8800, § 1, Sess. L. 2023, p. 230, 231.

This chapter may be cited as the Virgin Islands Safe Drinking Water Act. History: Added Nov. 6, 1975, No. 3758, Sess. L. 1975, p. 177.

As used in this chapter- (a) "Agency" means the Department of Planning and Natural Resources as the agency charged with responsibility for implementation of this chapter. (b) "Commissioner" means the Commissioner of the Department of Planning and Natural Resources, or his authorized agent. (c) "Public Water System" means a system for the provision to the public water for human consumption through pipes or other constructed conveyances, or distributed by a water hauler, if such a system has at least eight (8) service connections or regularly services at least twenty individuals. Such term includes (1) any collection, treatment, storage and distribution facilities under control of the operator of such system and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. (d) "Person" means an individual, corporation, company, association, partnership, federal agency or the territory of the Virgin Islands or any governmental agency, department, or authority thereof. (e) "Municipality" means a city, town, or other public body created by or pursuant to territorial law. (f) "Federal agency" means any department, agency, or instrumentality of the United States. (g) "Supplier of water" means any person who owns or operates a public water system. (h) "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water. (i) "Administrator" means the Administrator of the U.S. Environmental Protection Agency. (j) "Federal Act" means the Safe Drinking Water Act, P.L. 93-523. (k) "Primary drinking water standards" means standards which- (1) apply to public water systems; (2) specify contaminants which, in the judgment of the Commissioner, may have any adverse effect on the health of persons; (3) specify for each such contaminant either- (i) a maximum contaminant level, if in the judgment of the Commissioner, it is economically and technologically feasible to ascertain the level of such contaminant in water in public water systems; or, (ii) if, in the judgment of the Commissioner it is not economically or technologically feasible to ascertain the level of such contaminant, each treatment technique known to the Commissioner which leads to a reduction in the level of such contaminant sufficient to satisfy the requirement of section 1303; and (4) contain criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels; including quality control and testing procedures to insure compliance with such levels and to insure proper operation and maintenance of the system, and requirements as to (a) the minimum quality of water which may be taken into the system and (b) siting for new facilities for public water systems. (l) "National Primary Drinking Water Standards" means primary drinking water standards promulgated by the Administrator pursuant to the Federal Act. (m) "Water hauler" means any person who transports water for human consumption by truck, water barge or tank to any cistern, residence, or any other drinking water storage facility. History: Added Nov. 6, 1975, No. 3758, Sess. L. 1975, p. 177; amended Sept. 6, 1978, No. 4201, § 1, Sess. L. 1978, p. 224; Oct. 9, 2001, No. 6433, § 1(a), Sess. L. 2001, p. 200.

(a) The Commissioner shall with the approval of the Governor promulgate and enforce Virgin Islands Primary Drinking Water Standards. Virgin Islands Primary Drinking Water Standards shall protect health to the extent feasible, using technology, treatment techniques, and other means, which are generally available on December 16, 1974. Maximum contaminant levels covered by revised National Primary Drinking Water Standards shall be set at a level at which no known anticipated adverse effects on the health of persons occur and which allows an adequate margin of safety. Treatment techniques covered by revised National Primary Drinking Water Standards shall require treatment necessary to prevent known or anticipated adverse effects on the health of persons to the extent feasible. Provided, that at any given time the Virgin Islands Primary Drinking Water Standards shall be no less stringent than the complete or revised National Primary Drinking Water Standards in effect at that time. (b) The Commissioner shall promulgate regulations that adopt, incorporate, and enforce, herein by reference the National Primary Drinking Water Regulations, as amended and supplemented from time to time, starting with amendments to the National Safe Drinking Water Act of 1996, as amended, and including all siting requirements, filtration and disinfection requirements, maximum contaminant levels, monitoring and analytical requirements, reporting requirements, public notification and record-keeping requirements as the Virgin Islands Primary Drinking Water Regulations, applicable to all public water systems (1) which consists only of distribution and storage facilities (and which does not have any collection and treatment facilities); (2) which obtains all of its water from but is not owned or operated by a public water system to which such regulations apply; (3) which does not sell water to any person; and (4) which is not a carrier which conveys passengers in interstate commerce. (c) The Commissioner shall adopt and implement adequate procedures for the enforcement of Virgin Islands Primary Drinking Water Standards, including monitoring, reporting and inspection procedures, that comply with regulations established by the Administrator pursuant to the Federal Act. (d) The Commissioner shall keep such records and make such reports with respect to his activities under subsections (a) and (c) above as may be required by regulations established by the Administrator pursuant to the Federal Act. (e) The Commissioner shall promulgate and enforce discretionary changes to the National Regulations as are necessary and appropriate to the special circumstances of the Virgin Islands in accordance with the discretionary authority permitted by the National Regulations, but the Virgin Islands Primary Drinking Water Standards shall be no less stringent than the National Primary Drinking Water Regulations in effect at the time. History: Added Nov. 6, 1975, No. 3758, Sess. L. 1975, p. 179; amended Oct. 9, 2001, No. 6433, § 1(b), Sess. L. 2001, p. 200.

The Commissioner may authorize variances or exemptions from the regulations issued pursuant to section 1303 under conditions and in such manner as he deems necessary and desirable; Provided, however, That such variances or exemptions are permitted under conditions and in a manner which is not less stringent than the conditions under, and the manner in which variances and exemptions may be granted under the Federal Act. History: Added Nov. 6, 1975, No. 3758, Sess. L. 1975, p. 180.

The Commissioner, upon receipt of information that a contaminant which is present in or is likely to enter a public water system may present an imminent and substantial endangerment to the health of persons, may take such actions as he may deem necessary in order to protect the health of such persons. The actions which the Commissioner may take include (but shall not be limited to) (a) issuing such orders as may be necessary to protect the health of persons who are or may be users of such system (including travelers), and (b) commencing a civil action for appropriate relief, including a restraining order or permanent or temporary injunction. History: Added Nov. 6, 1975, No. 3758, Sess. L. 1975, p. 180.

The Commissioner shall promulgate an adequate plan for the provision of safe drinking water under emergency circumstances. When, in the judgment of the Commissioner, emergency circumstances exist in the Virgin Islands with respect to a need for safe drinking water, he may take such actions as he may deem necessary in order to provide such water where it otherwise would not be available. History: Added Nov. 6, 1975, No. 3758, Sess. L. 1975, p. 180; amended Sept. 6, 1978, No. 4201, § 2, Sess. L. 1978, p. 224.

Whenever a public water supply system (a) is not in compliance with the Virgin Islands Primary Drinking Water Standards, (b) fails to perform monitoring required by regulations adopted by the Commissioner, (c) is subject to a variance granted for an inability to meet maximum contaminant level requirements, (d) is subject to an exemption or (e) fails to comply with the requirements prescribed by a variance or exemption, the system shall as soon as practicable notify the Commissioner of Health, the agency, the Administrator and communications media serving the area served by the system of that fact and the extent and nature and possible health effects of such fact. Such notice also shall be given by the system by publication in a newspaper of general circulation (as determined by the Commissioner) within the area served by such water system at least once every 3 months so long as the violation, variance or exemption continues. Such notice shall also be given with the water bills of the system so long as the violation, variance or exemption continues, as follows: If the water bills of a public water system are issued more often than once every 3 months, such notice shall be included in at least one water bill of the system for each customer every 3 months; if the system issues its water bills less often than once every 3 months, such notice shall be included in each of the water bills issued by the system for each customer. Provided, however, that the Commissioner may prescribe by regulations alternative notice requirements for systems principally serving nonresident users. History: Added Nov. 6, 1975, No. 3758, Sess. L. 1975, p. 180.

The following acts and the causing thereof are prohibited: (a) Failure by a supplier of water to comply with the requirements of section 1307 of this chapter, or dissemination by such supplier of any false or misleading information with respect to notices required pursuant to section 1307 or with respect to remedial actions being undertaken to achieve compliance with Virgin Islands Primary Drinking Water Standards. (b) Failure by a supplier of water to comply with regulations promulgated pursuant to section 1303 of this chapter, or with conditions for variances or exemptions authorized under section 1304 of this chapter. (c) Failure by any person to comply with any order issued by the Commissioner under section 1305 of this chapter. History: Added Nov. 6, 1975, No. 3758, Sess. L. 1975, p. 181.

(a) A civil penalty not to exceed $5,000 may be imposed on any person who wilfully violates section 1308(a) of this chapter. (b) A civil penalty not to exceed $5,000 for each day in which a violation of section 1308(b) occurs may be imposed on any person who wilfully violates 1308(b) of this chapter. (c) All civil penalties permitted under subsections (a) and (b) of this section shall be assessed by the appropriate court; provided, however, that at such time, if any, that the Commissioner may promulgate rules and regulations establishing a procedure for the administrative assessment of civil penalties, he shall have the alternative of proceeding by means of court assessment or such administrative procedure. The Commissioner is hereby authorized to promulgate all rules and regulations which he deems necessary to implement the alternatives allowed by this section. (d) Any person who wilfully violates or fails or refuses to comply with any order issued by the Commissioner under section 1305 may, in an action brought in the appropriate court to enforce such order, be fined not more than $5,000 for each day in which such violation occurs or failure to comply continues. (e) The Commissioner may institute a civil action in any court of appropriate jurisdiction for injunctive relief to prevent violation of any order or regulation issued pursuant to this chapter, in addition to any other remedies provided for under this section. History: Added Nov. 6, 1975, No. 3758, Sess. L. 1975, p. 182; amended Sept. 6, 1978, No. 4201, §§ 3-5, Sess. L. 1978, p. 224.

To carry out the provisions and purposes of this chapter, the Commissioner is authorized and empowered to: (a) perform any and all acts necessary to carry out the purposes and requirements of this chapter and of the Federal Act, relating to the adoption and enforcement of the Virgin Islands Primary Drinking Water Standards; (b) administer and enforce the provisions of this chapter and all rules, regulations and orders promulgated, issued or effective hereunder; (c) enter into agreements, contracts, or cooperative arrangements, subject to all applicable Virgin Islands procurement statutes, under such terms and conditions as he deems appropriate, with other state, federal, or interstate agencies, municipalities, educational institutions, local health departments, or other organizations or individuals; (d) receive financial and technical assistance from the federal government and other public or private agencies; (e) participate in related programs of the federal government, other States, interstate agencies, or other public or private agencies or organizations; (f) establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out provisions of this chapter; (g) delegate those responsibilities and duties as deemed appropriate for the purpose of administering requirements of this chapter; (h) establish and collect fees for conducting inspections and laboratory analyses as may be necessary; (i) prescribe such regulations as are necessary or appropriate to carry out his function under this chapter. (j) enter, upon presentation of his credentials, any premises at which a public water system, or any part thereof, is located or at which any records are required to be maintained; and (k) have access to and copy, at reasonable times, any records required to be maintained. (l) (1) The Departments of Health and Planning and Natural Resources shall coordinate and cooperate in the enforcement of section 507 of this title. The Department of Planning and Natural Resources is hereby authorized to sample locally produced and imported bottled water and ice to determine compliance with the V.I. Safe V.I. Safe Drinking Water Actgulations promulgated thereto. (2) The Commissioner is authorized (i) to promulgate regulations to control the import, holding for sale, sampling and testing, and recall of violative batches of bottled water and ice and (ii) to issue stop sale and recall orders for lots or batches of bottled water and ice deemed in violation of the V.I. Safe Drinking Water Act or that may prejudice the public's health. The Commissioner of Health shall render assistance and support to the Commissioner of Planning and Natural Resources when deemed necessary by the Commissioner of Planning and Natural Resources. (m) prescribe permit certification and registration requirements as are necessary or appropriate for the purpose of ensuring that the requirements of this chapter are being complied with by public water systems and associated persons, and establish fees and determine a rate schedule for the permits, registrations, and certifications issued pursuant to rules and regulations. (n) The Commissioner may promulgate rules and regulations to control the usage of materials in all rainwater catchment systems in the Virgin Islands to protect public health, including public water systems, private residences and any building that is designed to catch rainwater as a source of drinking water. Materials include all surface coatings, sealants, and paints, and all components that come in contact with water. History: Added Nov. 6, 1975, No. 3758, Sess. L. 1975, p. 182; amended Sept. 6, 1978, No. 4201, § 7, Sess. L. 1978, p. 225; Jan. 12, 1998, No. 6195, § 1, Sess. L. 1997, p. 1; Oct. 9, 2001, No. 6433, § 1(c), Sess. L. 2001, p. 201.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History: Added Nov. 6, 1975, No. 3758, Sess. L. 1975, p. 183.

For the purpose of promoting public health and in order to protect the dental health of Virgin Islands residents, particularly children, through prevention of tooth decay, any governmental agency or instrumentality, persons, firm or corporation having responsibility for the production and/or distribution of fresh water for public consumption or for consumption in the schools, whether publicly or privately owned or operated, shall control the quantity of fluoride in the water so produced and/or distributed so as to maintain a fluoride content of seventenths (0.7) of one milligram per liter. Beginning in 2025 and every three years thereafter, the fluoride content shall be adjusted in accordance with any updated guidelines promulgated by the U.S. Department of Health and Human Services. History: Added Nov. 6, 1975, No. 3757, § 1, Sess. L. 1975, p. 175; amended Dec. 6, 2021, No. 8505, § 1, Sess. L. 2021, p. 193; Former 4201 was renumbered to be § 1321, by Act No. 8688, § 5(b), effective January 19, 2023.

Fluoridation of water as required in section 4201 of this title shall not be required when: (a) water contained in its natural state contains sufficient fluoride to conform to the requirements established herein; (b) water is bottled or otherwise containerized in another jurisdiction and imported into the Virgin Islands. History: Added Nov. 6, 1975, No. 3757, § 1, Sess. L. 1975, p. 175; Former 4202 was renumbered to be § 1322, by Act No. 8688, § 5(b), effective January 19, 2023.

The Department of Health shall be responsible for the administration and enforcement of this chapter, shall conduct periodic inspections of water production and/or distribution facilities for compliance with the provisions hereof, and shall promulgate rules and regulations relating to the fluoridation of public and school water supplies which shall include, but not be limited to, the following: (a) the means by which fluoride is controlled; (b) approved methods of testing for fluoride content; and (c) records and data to be kept relating to fluoridation. History: Added Nov. 6, 1975, No. 3757, § 1, Sess. L. 1975, p. 175; Former 4203 was renumbered to be § 1323, by Act No. 8688, § 5(b), effective January 19, 2023.

Any wilful non-compliance with the provisions of this chapter by any person, other than a governmental agency or instrumentality, shall be a misdemeanor punishable by a fine of not more than $200. Each day of such wilful non-compliance shall constitute a separate violation for purposes of this section. History: Added Nov. 6, 1975, No. 3757, § 1, Sess. L. 1975, p. 176; Former 4204 was renumbered to be § 1324, by Act No. 8688, § 5(b), effective January 19, 2023.

(a) Every restaurant and every establishment that sells food to the public shall have posted, in an area that is prominently visible to customers, a sign that demonstrates appropriate first aid for choking as published by the Virgin Islands Department of Health or any national health department, division, or organization. (b) Subsection (a) of this section does not obligate a business, its managers or its employees, or any other person to render aid to a choking victim. Neither a business, its managers or employees, nor any other person shall be liable for personal injury or wrongful death for not rendering aid to a choking victim. (c) Neither a business, its managers or employees, nor any other person shall be liable for personal injury or wrongful death for any acts or omissions of any person voluntarily rendering aid to a choking victim which may constitute ordinary negligence; but such immunity does not apply to acts or omissions constituting gross, willful, or wanton negligence. History: Added Jan. 1, 2020, No. 8204, § 1, Sess. L. 2019, p. 57, 58.

Failure to comply with the requirements of this chapter shall be punishable by a fine to be levied by the Virgin Islands Department of Health in the amount of $100 per day for each day of non-compliance after notice of violation is given. History: Added Jan. 1, 2020, No. 8204, § 1, Sess. L. 2019, p. 58.

The Virgin Islands Department of Health shall have regulatory authority under this chapter and shall promulgate rules and regulations consistent with the requirements of this chapter. History: Added Jan. 1, 2020, No. 8204, § 1, Sess. L. 2019, p. 58.

All wells, cisterns, tanks, barrels, drums, and other water containers shall be made mosquito proof in such manner as directed by the Commissioner of Health. All pit and surface privies shall be made fly-proof in such manner as directed by the Commissioner of Health. Nightsoil cans shall be placed in a privy properly constructed and maintained. No person shall build, construct, install, or have constructed or installed, a pit privy, surface privy or a water carriage sewer system without a permit for such work from the Waste Management Authority. History: Amended Oct. 5, 1959, No. 498, § 1, Sess. L. 1959, p. 185; Apr. 1, 1964, No. 1161, § 2, Sess. L. 1964, p. 149; Jan. 23, 2004, No. 6638, § 5(a), Sess. L. 2003, p. 247.

No person shall allow water or any liquid to run from a building or premises across a sidewalk or street except by a passage constructed under the sidewalk or street and leading to the sanitary sewer or public gutter, which passage shall be kept adequate and in repair at all times. No person shall be allowed to discharge waste water from kitchen or bath into the public gutter from a building or premises which is connected to the sanitary sewer; nor shall the contents of a cesspool or septic tank be allowed to flow into the public gutters. All plumbing equipment and materials used in connection to the sanitary sewer shall be in accordance with the standards prescribed by the Building Code contained in Title 29.

No person shall sell or distribute in the Virgin Islands ice made from impure, contaminated or polluted water. The Commissioner of Health shall inspect periodically the ice manufacturing plants and the water supply of all public places and take for analysis samples of the water from which ice is made or which is used in the preparation of food or drink for sale. When water is found to be contaminated, the Commissioner of Health may order the water chlorinated, or have the water chlorinated at the expense of the ice manufacturer or other party concerned.

The Commissioner of Health shall make rules and regulations, subject to the approval of the Governor, for the purpose of implementing and enforcing any or all of the provisions of subchapters I and II of this chapter. Such rules and regulations, when approved by the Governor, shall have the full force and effect of law.

As used in this subchapter, unless the context clearly requires otherwise- "Commissioner" means the Commissioner of Health or any of his duly authorized representatives; "frozen dessert" means any clean frozen or partially frozen combination of two or more of the following: Milk products, eggs or egg products, sugar, water, fruit or fruit juices, candy, nut meats, or other harmless and wholesome food products, flavors, color, or harmless stabilizer, and shall be deemed to include ice cream, frozen custard, ice milk, milk sherbets, ices, and other similar products; "itinerant restaurant" means a restaurant, as defined above, operated for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering; "mix" means the unfrozen combination of all ingredients of a frozen dessert with or without fruits, fruit juices, candy, nut meats, flavor or harmless color; "restaurant" means any restaurant, coffee shop, cafeteria, shortorder cafe, luncheonette, tavern, sandwich stand, soda fountain, and all other eating or drinking establishments selling food or drink of any kind, whether cooked, prepared, or frozen, as well as kitchens or other places in which food or drink is prepared for sale elsewhere; and "utensils" means all kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink, whether cooked or frozen, comes in contact during storage, preparation or serving. "Waste Management Authority" means the Virgin Islands Waste Management Authority established pursuant to Title 29, Chapter 8, Virgin Islands Code, section 496. History: Amended Jan. 23, 2004, No. 6638, § 5(b), Sess. L. 2003, p. 247.

No person shall interfere with or obstruct the entrance, during ordinary business hours, of the Commissioner to any house, building, or other premises being used as a place of business which is subject to the provisions of this chapter, while in the discharge of his duties. No person shall interfere with or obstruct the Commissioner in the posting of any placard, in accordance with the requirements of this chapter, in or on any place or premises being used as a place of business subject to the provisions of this chapter, nor shall any person conceal, mutilate, or remove any such placard, except by direction of the Commissioner.

In addition to a license to do business, all persons who operate restaurants or itinerant restaurants, who serve or manufacture frozen desserts, soft drinks or ice, who introduce for sale, offer for sale, sell or have in storage meat or meat products, or who operate meat or poultry packing or canning establishments, shall obtain from the Commissioner a health permit in order to carry on such business. The Department of Health may not require a person who holds a valid, annual health permit for a mobile food service to obtain additional health permits for operating a mobile food service at multiple locations during Carnival, festivals and other public events, if within at least five business days before the event, the person notifies the Department in writing, of the dates and the location of the sites at which he intends to operate. Such health permit along with the inspection grade shall be posted in a conspicuous place within the business establishment. History: Amended Apr. 16, 2007, No. 6917, § 8, Sess. L. 2007, p. 16; amended July 9, 2025, No. 9001, § 1, Sess. L. 2025, p. -.

(1) A health permit may be suspended by the Commissioner of Health upon violation by the permit holder of any provisions of this chapter or of rules promulgated under this chapter. (a) A notice letter will be issued to the permit holder from the Environmental Health Division of the Department of Health notifying the permit holder of an imminent health hazard. (b) A suspension shall remain in effect until conditions cited in the cease-and-desist letter no longer exist and their elimination has been confirmed by the Environmental Health Division through reinspection or other appropriate means. (c) A written application for the reinstatement of the permit must be made from the permit holder stating that the conditions cited in the letter no longer exist. (d) Upon receipt of the written application, the Environmental Health Division shall conduct reinspection within two business days. (e) The suspended permit shall be reinstated immediately if the Environmental Health Division determines that the public health hazard, or unhealthy conditions, or unsanitary conditions, or nuisance no longer exists. A written notice of reinstatement must be provided to the permit holder. (2) In the event of an imminent health hazard the Commissioner of Health, without prior notice, may issue a permit suspension, or a cease and desist order for certain operations. The Environmental Health Division shall designate which operations must cease because of the imminent health hazard. (3) For serious or repeated violations, the health permit may be permanently revoked by the Commissioner of Health. (4) Contesting the Suspension or Revocation (a) The permit holder must notify the Environmental Health Division in writing within ten business days of receiving the notice of violation, stating his intent to contest the suspension or permit revocation. (b) The permit holder must submit any relevant evidence or arguments supporting his case within ten business days of the notice of intent to contest. (c) The Commissioner of Health shall schedule a hearing within ten business days of receiving the contestation request. (d) The Commissioner of Health shall notify the permit holder of the date, time, and location of the hearing at least five business days before the hearing date. (e) Both parties shall provide the opposing party with a list of proposed witnesses they intend call or subpoena at the hearing. (f) The Commissioner of Health, or his designee, shall conduct the hearing as the hearing officer. (g) A full and complete record must be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the decision is appealed. A copy or copies of the transcript may be obtained by an interested party upon payment of the cost of preparing such copy or copies. (h) The hearing officer will issue a written decision within ten business days of the hearing detailing the findings of fact, conclusions of law, and any penalties or corrective actions required. (i) A copy of the written decision will be provided to the permit holder and will include information on the right to appeal the decision, if applicable. History: Amended July 9, 2025, No. 9001, § 1, Sess. L. 2025, p. -.

(a) A permit holder has the right to appeal the decision of the hearing to the Superior Court of the Virgin Islands by an appeal made within 30 days from the issuance of the decision. (b) The permit holder must file a notice of appeal in writing within ten business days of receiving the decision, stating the grounds for the appeal. History: Amended July 9, 2025, No. 9001, § 1, Sess. L. 2025, p. -.

Samples of food or drink, and other substances, including frozen desserts and soft drinks, may be taken from any restaurant or itinerant restaurant and examined by the health officer as often as may be necessary for the detection of unwholesomeness or adulteration. The Commissioner may condemn and forbid the sale of, or cause to be removed or destroyed, any food, drink, or other substance which may be unwholesome or adulterated.

No person suffering from a communicable disease transmissible through food or drink, or who resides in a household with a case of such disease, or who is known to be a carrier of the organisms causing such disease, and no person suffering from a local infection transmissible through food or drink shall be employed in any restaurant or itinerant restaurant. All employees of restaurants shall be subject to periodic health examinations for the purpose of detecting any communicable diseases transmissible through food or drink. All employees shall wear clean garments and shall keep their hands clean at all times while on duty in a restaurant.

No article, polish or other substance containing any cyanide preparation shall be used for the cleansing or polishing of eating or cooking utensils in any restaurant or itinerant restaurant. The storage, keeping or use of any insecticide, exterminator or other substances containing a fluoride or other poison in refrigerators, on shelves or in other places where they may contaminate foods or beverages, is prohibited.

Every restaurant shall provide for its employees adequate toilet and lavatory facilities conveniently located and properly constructed and maintained.

The manufacture and sale of bread shall be controlled by the Commissioner who shall set the required sanitary standards in accordance with the rules and regulations provided for in subchapter I of this chapter.

History: Repealed. Jan. 23, 2004, No. 6638, § 5(c)-(d), Sess. L. 2003, p. 247.

History: Repealed. Jan. 23, 2004, No. 6638, § 5(c)-(d), Sess. L. 2003, p. 247.

History: Repealed. Aug. 12, 2004, No. 6679, § 3(a), Sess. L. 2004, p. 154.

(a) Definitions (1) Risk-based inspection means a regulatory framework that transitions from reactive enforcement to proactive risk management grounded in national best practices and public health priorities and designed to optimize resources while strengthening food safety outcomes. (2) Risk-based framework means: (A) Classification of violations by their public health risk level from low to high; (B) Assignment of penalties according to classification; (C) Encouragement of compliance through structured reductions for good performance; and (D) Transparency and consistency in enforcement practices. (b) In accordance with the principles of Risk-Based Inspection, a person who violates any provision of this chapter or any regulation promulgated under it shall attend a mandated food borne prevention educational course provided by the Department of Health's Environmental Division and shall be subject to civil penalties as set forth in this section. (c) The Commissioner shall assign a risk level to each violation based on (1) the potential for foodborne illness or injury; (2) the type of food or process involved; and (3) whether the violation reflects systemic failure or isolated error. (d) Risk level classifications; penalties (1) low-risk violation - maximum $250 per occurrence (2) moderate-risk violation - $251-$500 per occurrence (3) high-risk violation - $501- $1,000 per occurrence (e) Repeated violations. In addition to the risk violation fines proscribed in this section: (1) A second violation within 24 months of the first violation shall be fined an additional $250, or suspension or revocation pursuant to section 1434 of this chapter, or both. (2) A third or subsequent violation within 36 months of the first violation shall be fined an additional $500, or suspension or revocation pursuant to section 1434 of this chapter, or both. (f) Imminent Health Hazard. Any condition deemed to present an imminent threat to public health shall incur a fine of up to $2,000 and may result in immediate permit suspension pursuant to section 1434(2) of this chapter. (g) Compliance-Based Adjustments. Establishments with no priority or priority foundation violations in the past 24 months may qualify for a reduction of up to $100 in civil penalties for subsequent minor infractions. (h) Each day a violation continues beyond the identified timeline for compliance constitutes a separate violation. (i) Civil penalties collected under this section shall be deposited into the Health Revolving Fund and used for inspection services, training, and enforcement efforts of the Environmental Health Division. History: Added July 9, 2025, No. 9001, § 1, Sess. L. 2025, p. -.

This Act may be cited as "The Virgin Islands Smoke-free Act" or "The Smoke-free Act". History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 75.

When used in this chapter, the term (1) "Bar" means an indoor establishment devoted to serving alcoholic beverages for on-premises consumption and where the serving of food is only incidental to the consumption of those beverages. Bar includes taverns, nightclubs, lounges or cabarets. (2) "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services or both are sold as well as professional corporations and other entities where legal, medical, dental or other professional services are provided. (3) "Business vehicle" means a car, bus, van or other motorized unit owned or leased by an employer for employment purposes. (4) "Cigar factory" means any commercial establishment, including an area commonly called a cigar lounge where cigars are smoked by the establishment's customers, where: (A) cigars are hand rolled from tobacco grown in, or imported into the Virgin Islands; (B) a minimum of one cigar roller is employed, present and available to roll cigars during the establishment's hours of operation; and (C) not more than 60 percent of the establishment's revenue is derived from sales other than cigar and tobacco products such as accessories, humidors, cutters, lighters, butane and other lighter fuel, clothing with printing and logos of the establishment, liquor and other beverages, and factory tours; (5) "Enclosed area" means a structure that has a roof and more than two substantial walls that have either: (A) has no opening; (B) has an opening that does not allow air in from the outside; or (C) has an opening that is less than 25% of the wall's surface area. (6) "Place of employment" means areas under the control of any employer which employees normally frequent during the course of employment, including, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles owned by the employer provided that the vehicle is used by more than one person at the same time. The term does not include a residence, unless it is used as a childcare, adult day care, or health care facility. (7) "Private club" means any corporation or unincorporated association, or any organization or association that either belongs to or is affiliated with a nationally recognized fraternal, veterans or other organization: (A) formed as a not for profit social club; (B) operated exclusively for the benefit of its members; (C) that owns, leases or rents a building or other limited premises within the Virgin Islands in which a club has been established; (D) to which only duly elected or approved dues-paying members and their guests while in the company of a member are admitted; (E) of which members of the general public are denied access; and (F) of which no part of the net revenues earned are to benefit, directly or indirectly, any of its members or any other individual, except for the payment of bona fide expenses of the club's operations. (8) "Proprietor" means an employer, owner, manager, operator, liquor permit holder, or other persons in charge or in control of a public place or a place of employment subject to the provisions of this section. (9) "Public place" means any portion of any place in which the public is invited or permitted, regardless of whether that place is owned in whole or in part, rented or leased by private persons or entities, the Government of the Virgin Islands, agencies or instrumentalities of the Government of the Virgin Islands, and regardless of whether a fee is charged for admission. The term includes inner and outer portions of restaurants, bars, taverns, clubs, lounges, cabarets, casinos and all other gaming facilities; hotels, resorts, guesthouses and inns; public, private and parochial schools; universities, colleges and other educational facilities; laundromats; malls, shopping centers, retail stores and service establishments; financial institutions; waiting rooms and lobbies of offices; public libraries and restrooms; bus and taxi stops; hospitals, healthcare facilities, nursing homes, and auditoriums; galleries, museums, arenas, theaters, beaches, parks, playgrounds, ticket areas, bowling alleys; skating rinks and outdoor recreational facilities. The term does not include a private residence unless the private residence is used as a hospice, childcare, adult day care or health care facility. (10) "Restaurant" means an establishment serving food or beverages for on-premises consumption, whether or not any portion of the establishment is enclosed or outdoors. The term includes coffee shops, cafeterias, sandwich stands, dining rooms in hotels, ice cream parlors, private and public school cafeterias, institutional eating establishments which provide food to the public, guests or employees, as well as commercial kitchens and catering facilities. The term, "restaurant" includes bars within restaurants, and eating establishments containing or operated in association with bars. (11) "Retail tobacco store" means a retail store except a cigar factory as defined in this section utilized primarily for the sale of tobacco and tobacco products and accessories and in which not less than ninety percent of its generated revenues are from the sale of tobacco, tobacco products and accessories, as certified by the Internal Revenue Bureau, and that is not operated as part of, or in conjunction with any business subject to the requirements of this section. (12) "Smoking" means inhaling, exhaling, burning, carrying or possessing a lighted cigar, cigarette, pipe, or tobacco product, weed, plant or other smoking device that contains tobacco product, weed or a plant. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, pp. 75-78; amended Nov. 24, 2010, No. 7241, § 1(a), Sess. L. 2010, p. 285; amended Mar. 23, 2016, No. 7852, § 1(a)(1)-(3), Sess. L. 2016, p. 25.

(a) Except as provided in section 1484, smoking is prohibited in the Virgin Islands in: (1) enclosed areas of public places; (2) enclosed areas of places of employment; (3) any outdoor service or waiting line and in, and within twenty feet from any point of any service or waiting line; and (4) and within twenty feet of all outdoor public transportation stations and platform shelters opened to the public. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 78.

(a) The prohibition in section 1483 is subject to the following exceptions: (1) Smoking is not prohibited in any private club as defined under section 1482, paragraph (6), or in any cigar factory, as defined in section 1482, paragrap1482, paragraph (6)is under 18 years old is present while any club membe1482, paragraph (4)f the club and owners, lessors, lessees, occupants or persons in control or possession of any building or property being used by the club ensure that no smoke will infiltrate or migrate through walls, ceilings, floors, doors, windows, ventilation systems or other forms of openings into areas where smoking is prohibited under this section. (2) Smoking is not prohibited in any public or private parking lot unless the smoking occurs within twenty feet of any entrance, exit, window, ventilation system or other openings of any public place or place of employment subject to the prohibitions of section 1483; (3) Smoking is not prohibited on any public street or sidewalk unless the smoking occurs within twenty feet of any entrance, exit, window, ventilation system or other openings of any public place and place of employment subject to the prohibitions of section 1483; (4) Smoking is not prohibited in any private residence unless the private residence is used as a hospice, healthcare, daycare or adult care facility; (5) Smoking is not prohibited in any noncommercial vehicle; (6) Smoking is not prohibited in any area not commonly open to the public of owner-operated businesses having no employee other than the owner and where the sole purpose of the establishment is for smoking indoors if persons under the age of 18 years old are denied access; (7) Smoking is not prohibited in any retail tobacco store in which persons under the age 18 years old are denied access if the smoke from the retail tobacco store does not infiltrate or migrate into areas where smoking is prohibited under this chapter; (8) Smoking is not prohibited twenty feet from enclosed areas, as defined under section 1482, paragraph 1482, paragraph (4)d beaches, and twenty feet from tents, stalls, booths, stands and benches on public parks and beaches; (9) Smoking is not prohibited twenty feet from bleachers and grandstands for use by spectators at sporting and other public events; and (10) Smoking is not prohibited as prescribed under section 1489. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, pp. 78, 79; amended Mar. 23, 2016, No. 7852, § 1(b), Sess. L. 2016, p. 26.

Outside the Course of Employment (a) (1) This chapter may not be construed as allowing an employer or agent of an employer to require, as a condition of employment, that an employee or prospective employee refrain from smoking or using tobacco products outside the course the employee's employment, or to otherwise discriminate against an employee with respect to compensation, terms, conditions or privileges of employment for smoking or using tobacco products outside the course of employment. (2) This section does not apply to nonprofit employers or organizations whose primary purpose or objective is to discourage the use of tobacco products by the general public. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, pp. 79, 80.

(a) No "smoking" signs or the international "no smoking" symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it must be clearly and conspicuously posted at every entrance of and inside every public place and place of employment where smoking is prohibited under this chapter. All signs necessary to comply with this section must also contain the following sentence: "IT IS ILLEGAL TO SMOKE IN THIS ESTABLISHMENT", and a contact number for the Department of Health to report violations. (b) Signs reading "SMOKING ALLOWED INSIDE" must be clearly and conspicuously posted at the entrance of cigar factories as defined in section 1482 of this chapter, and inside the facility prominently posted signs must be posted warning that smoking presents a health hazard, as stated by the United States Surgeon General. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 80; amended Mar. 23, 2016, No. 7852, § 2, Sess. L. 2016, p. 26.

The proprietor shall take the following measures to prevent smoking in public places or places of employment. The proprietor shall: (1) Post signs in accordance with section 1486; (2) Remove matches, cigarette lighters and ashtrays from areas where smoking is prohibited; (3) Request of any person observed or believed to be smoking in an area where smoking is prohibited to refrain from smoking immediately and, if that person does not refrain from smoking after being asked to do so, the proprietor shall: (A) Ask the person to leave the premises or establishment; (B) Discontinue services to the person; and (C) If the person refuses to leave, manage the situation consistent with the exercise of lawful methods for preserving the peace or preventing the commission of an offense pursuant to 14 V.I.C. § 293. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 80.

No employer may retaliate against an employee, applicant or customer for exercising any right provided by this chapter. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 80.

(a) (1) In any area or establishment where smoking is not prohibited, nothing in this chapter prohibits a proprietor of an establishment from voluntarily establishing nonsmoking portions or designating the entire establishment as smoke-free. (2) Nothing in this chapter prohibits proprietors of places of employment from providing an outdoor smoking space for their employees; except that any employer who provides an outdoor smoking area for the employees shall ensure that the smoking area is physically separated from the enclosed workplace so as to prevent the migration of smoke into the workplace through entrances, windows, ventilation systems, or any other openings. (3) Nothing in this chapter may be construed to require employers to provide break rooms for smokers or nonsmokers. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 81.

(a) (1) The Commissioner of Health is the designated person and the Department of Health is designated lead department responsible for administration and enforcement of the provisions of this chapter. However, every peace officer may enforce this chapter pursuant to 5 V.I.C. § 3562(1). (2) The Commissioner of Health shall promulgate regulations necessary to carry out mandates of this chapter, including procedures for filing, investigating and resolving complaints. (3) Any citizen who desires to file a complaint under this chapter against a proprietor may initiate the complaint with the Department of Health. (4) The Department of Health, after receiving a written complaint signed by the complainant and citing the section and subsection of this chapter violated, shall take the following actions: (A) Within ten business days from receipt of a complaint, the Department of Health shall provide the accused proprietor with notice of the complaint. The notice must include, the name of the complainant, an explanation of the violation alleged, witnesses to the violation, if any, the time and place of the violation, the provisions of this chapter allegedly violated, and any additional information the Department of Health considers relevant and necessary to comply with procedural due process of law. (B) Within ten business days after the notice of the complaint, the accused proprietor must be given an opportunity to submit a written answer to the allegations. (C) Within the time specified the proprietor may file one or more notices with the Commissioner of defense, in which the proprietor may: (i) Request a hearing; (ii) Admit the accusation in whole or in part; (iii) Present new matters or explanations by way of a defense; or (iv) State any legal objections to the complaint. (D) The accused proprietor is entitled to a hearing on the merits if the proprietor files the required notice of defense within the time allowed by subparagraph (B) of this paragraph, and any such notice is deemed a specific denial of all parts of the complaint not expressly admitted. Failure to timely file the required notice of defense or to appear at the hearing constitutes an admission of all matters and facts contained in the complaint and a waiver of the proprietor's rights to a hearing, but the Commissioner, may nevertheless order a hearing. All affirmative defenses must be specifically stated, and unless objection is taken as provided in paragraph (4), subparagraph (C), item (iv) of this section, all objections to the form of the complaint shall be deemed waived. (E) The Commissioner shall determine the time and place of the hearing as soon as reasonably practical after receiving the proprietor's notice of defense. The Commissioner shall hand deliver or send by certified mail a notice to all parties at least 10 days before the hearing. Unless the proprietor consents, the hearing may not be held prior to the expiration time within which the proprietor is entitled to file the notice of defense. (F) The Commissioner shall afford an opportunity for a fair hearing to the accused proprietor at the time and place specified in the notice. On the basis of the evidence produced at the hearing, the Commissioner shall make findings of fact and conclusions of law and enter such order as in the Commissioner's opinion will best further the purposes of this section. (G) Written notice of the order must be issued to the accused proprietor and to such other persons as appeared at the hearing and made written request for notice of the order. The order may direct the proprietor to stop the violation, take corrective action, or impose a civil or administrative penalty pursuant to section 1496, subsection (a), paragraph (2), or direct all of the foregoing. The order of the Commissioner becomes final and binding on all parties unless appealed to the courts as provided in subparagraph (H) of this section within 15 days after notice has been sent to the parties. (H) Any person adversely affected by an order of the Commissioner may obtain a judicial review by filing a written petition for review with the Magistrate Court within 30 days after the entry of the order. The petition must state the grounds upon which review is asked and must pray that the order of the Commissioner be modified or set aside in whole or in part. A copy of the petition must be forthwith served upon the Commissioner and within 15 days the Commissioner shall certify and file in the court a transcript of the record upon which the order complained of was entered. A copy of the transcript must also be furnished at the time of the filing to the appellant. (I) (i) Nothing within this section precludes the Attorney General or the Commissioner of Licensing and Consumer Affairs from acting through or at the request of the Commissioner of Health from maintaining an action for injunctive relief to enforce the provisions of this chapter and assess and recover penalties in a court of competent jurisdiction. (ii) Nothing in this section is a limitation on the power of any department or agency or private entity from adopting and enforcing additional regulations, not in conflict with this chapter, imposing further conditions or restrictions on conduct in public places which might adversely affect public health or from bringing an action to prohibit and abate nuisances. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, pp. 81-83.

(a) (1) Any person may maintain an action for declaratory and equitable relief against a proprietor to restrain any violation of this chapter. On a prima facie showing of a violation of this chapter, the court shall grant preliminary equitable relief to restrain any further violation hereof. No bond is required for an action under this section. (2) Any person may maintain an action to compel the performance of any duty imposed on the Department of Health under this chapter, or imposed on the Department of Licensing and Consumer Affairs or on any department or agency of the Government of the Virgin Islands under this chapter, but no action may be brought unless the department or agency has first failed to perform such a duty for more than thirty days following receipt of a written notice specifying the duty the complainant alleged not to have been performed. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 84.

The Department of Health shall investigate complaints of violations of this chapter at government buildings or places of employment and all other noncommercial public places. (a) The Department of Health may cite any department, agency, or instrumentality of the Government of the Virgin Islands not in compliance with this chapter. Any department, agency, or government instrumentality cited shall have 20 days from the date of citation or a reasonable time determined by the Department of Health to bring the department, agency or government instrumentality into compliance with the provisions of this chapter. (b) Upon the petition of the Commissioner of Health, any commissioner, director or agency head who fails to bring a department, agency or government instrumentality in compliance with the provisions of this chapter within a 20-day period may be subject to unpaid suspension from office by the Governor or the respective board of directors of the agency for a period not less than 10 working days. (c) The Attorney General shall investigate the Department of Health for compliance under this chapter, and may petition the Governor to suspend the Commissioner of Health for violations. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 84.

(a) (1) The Department of Health, Department of Licensing and Consumer Affairs or Fire Services on its own initiative, or by the request of the Commissioner of Health, shall inspect any public place or place of employment, subject to the provisions of this chapter for compliance. (2) Inspections must be during hours of operation or at any time employees are on the job or required to be on the job. No notice is required before an inspection. (3) Any violations of this chapter found by the Department of Licensing and Consumer Affairs or the Fire Service must be reported to the Department of Health and treated as a filed compliant under section 1491. (b) When the Commissioner of Health upon inspection or upon receipt of a complaint under paragraph (3) of this subsection finds a violation of this chapter, the Commissioner may issue a written order directing the proprietor to discontinue the violation or to take corrective action. The order must state the reasons for the Commissioner's decision and may be subject to such terms and conditions as the Commissioner considers necessary to ensure compliance with the provisions of this chapter. The order must be served by hand delivery or certified mail upon the person being charged with the actual violation of this chapter, and is effective upon issuance; except that the order must grant the opportunity for a hearing. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 85.

(a) (1) A person who smokes in an area where smoking is prohibited under section 1483 and where a no- smoking sign has been posted in conformity with this chapter commits an infraction that is a civil offense punishable by a fine in an amount not less than $100 and not more than $250 for each violation. (2) A proprietor of a public place or place of employment who violates section 1486 or 1487 commits an infraction that is a civil offense punishable by a fine in an amount: (A) not less than $250 nor more than $400 for the first violation; (B) not less than $500 nor more than $1000 for the second violation within one year after the first violation; (C) not less than $2,500 nor more than $5000 for each subsequent violation within one year after the second violation; and (D) In addition to the fines established under this section, violations by a proprietor of any public place or place of employment may result in the suspension or revocation of any permit or license issued for the premises on which the violation occurred for violations amounting to an intentional or reckless disregard for the provisions of this chapter. (3) A proprietor may be issued a warning for a first offense. (b) Any violation resulting from an intentional or reckless disregard for the provisions of this chapter is punishable by the maximum amount of fines prescribed in subsection (a), paragraph 2, subparagraph (C). (c) All fines collected under this chapter must be remitted to the Commissioner of Finance and covered into the Health Revolving Fund of the Virgin Islands to be used for training and education programs. (d) All civil penalties permitted under this chapter may be assessed by the appropriate court; however, if the Commissioner promulgates regulations establishing a procedure for the administrative assessment of civil penalties, the Commissioner may proceed by means of either court assessment or by administrative procedure. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, pp. 85, 86; amended Nov. 24, 2010, No. 7241, § 1(b)(1)-(3), Sess. L. 2010, p. 285.

(a) (1) The Department of Health, in conjunction with the Department of Licensing and Consumer Affairs, shall conduct seminars to educate business proprietors, employers and employees about the health and economic effects of smoking, tobacco use and exposure to secondhand smoke. Successful completion of a seminar, as demonstrated by a passing score on a test administered by the Department of Health, may be imposed as a condition of the restoration of any business license suspended or revoked for violation of this section. (2) The Department of Licensing and Consumer Affairs shall provide all businesses applying for the issuance or renewal of a business license with literature describing the effects of smoking, tobacco use and exposure to secondhand smoke and on the requirements of The Virgin Islands Smoke-free Act. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, pp. 86, 87.

The provisions of this chapter are severable. If any provision of this chapter or the application the provision is declared by a court of competent jurisdiction to be invalid or unconstitutional, the declaration does not affect the validity of the chapter as a whole or any provision of the section other than the part declared to be invalid or unconstitutional. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 87.

This chapter may not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. History: Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 87.

The Commissioner of Public Works is authorized to construct public comfort stations in Charlotte Amalie, Christiansted, Cruz Bay, Coral Bay and Frederiksted. History: Apr. 1, 1964, No. 1114, § 1, Sess. L. 1964, p. 59.

The Commissioner of Health may in his discretion establish the comfort stations at such locations within the five towns as in his judgment will best serve the public. History: Apr. 1, 1964, No. 1114, § 2, Sess. L. 1964, p. 60.

The Commissioner is authorized to install a sufficient number of coin-operated comfort stations but at least one facility at every location shall be capable of being used without charge to the public. History: Apr. 1, 1964, No. 1114, § 3, Sess. L. 1964, p. 60.

The proceeds of any funds collected from the operation of the comfort stations shall be covered into the Treasury of the Virgin Islands authorized by Act No. 982. History: Apr. 1, 1964, No. 1114, § 4, Sess. L. 1964, p. 60.

The Department of Public Works is authorized and directed to purchase, install and maintain mobile public comfort stations at appropriate places on the islands of St. Thomas, St. Croix, and St. John, to be determined by the Commissioner of Health; Provided, That at least three comfort stations shall be situated in the town of Charlotte Amalie, at least two comfort stations shall be situated in each of the towns of Christiansted and Frederiksted, and at least one such station shall be situated in each of the towns of Cruz Bay and Coral Bay. History: Apr. 15, 1966, No. 1719, § 1, Sess. L. 1966, p. 221.

The Commissioner of Health is authorized to have installed coin-operated facilities in the comfort stations, but at least one facility in each comfort station shall be available to the public without charge. Any funds collected from the operation of the comfort stations shall be deposited into the Health Revolving Fund of the Treasury of the Virgin Islands as provided for by section 3017 of Title 33. History: Apr. 15, 1966, No. 1719, § 2, Sess. L. 1966, p. 222.

(a) All owners of shopping centers, plazas and other multi-business developments shall make adequate restroom facilities available to their patrons during their regular business hours. There shall be separate restrooms for male and female and they shall be conveniently located and properly constructed and maintained. (b) The terms "shopping center" and "plaza", as used in subsection (a) of this section are defined as a group of five or more commercial establishments or stores, whether joined or detached, which are located in a common and defined commercial area that is planned, developed, managed, owned or operated as a unit and which maintains a common parking lot for patrons of those establishments or stores. History: Added Sept. 5, 1990, No. 5589, § 1, Sess. L. 1990, p. 266.

Whoever violates the provisions of section 1507 of this chapter shall be assessed a fine of $25 for each and every business day of noncompliance. History: Added Sept. 5, 1990, No. 5589, § 1, Sess. L. 1990, p. 266.

As used in this chapter, unless the context clearly requires otherwise- "plumbing system" means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; building drains and building sewers, including their respective connections, devices and appurtenances within the property lines of the premises, and water treating or water using equipment; and "public sewer system" means the system of drainage through the sewer lines owned and/or operated by the government of the Virgin Islands. "Waste Management Authority" means the Virgin Islands Waste Management Authority established pursuant to Title 29, Chapter 8, of this Code. History: Amended Jan. 14, 1981, No. 4523, § 2, Sess. L. 1980, p. 263; Jan. 23, 2004, No. 6638, § 5(f), Sess. L. 2003, p. 247.

The Waste Management Authority shall administer and enforce the provisions of this chapter, and shall- (1) approve the design of installations and quality of materials used in installations under this chapter, in accordance with approved sanitary engineering standards; (2) determine, from time to time, the types of wastes that may be discharged into the public sewer system, giving consideration to the type of sewer lines and pipes available, and established methods of testing or sampling the quality and quantity of wastes flowing into the public sewer system; and (3) issue, from time to time, rules and regulations not inconsistent with the provisions of this chapter necessary to carry out its provisions, which rules and regulations shall, upon approval of the Governor, have the force and effect of law. History: Amended Jan. 23, 2004, No. 6638, § 5(g), Sess. L. 2003, p. 248.

(a) No owner of a dwelling or building shall maintain any pit, privy, privy vault, cesspool or nightsoil can for the purpose of receiving organic wastes wherever connection can be made to the public sewer system in accordance with the provisions of this chapter or rules and regulations issued under this chapter. (b) The owner of any building occupied for habitation, commercial purposes or as a place of private or public assembly, shall, within 12 months after notification by the Waste Management Authority and at such owner's expense, install such water closets, lavatories, sinks and bathtubs as may be required by rules and regulations issued under this chapter and a connecting line between any such fixture or existing sanitary fixtures located in the said building and the public sewer system. History: Amended Oct. 5, 1959, No. 498, § 2, Sess. L. 1959, p. 186; Jan. 23, 2004, No. 6638, § 5(h), Sess. L. 2003, p. 248.

(a) The installations provided for in subsection (b) of section 1523 of this title shall not be required unless a public sewer runs parallel to and in the same street within 60 feet of the owner's property line. (b) Owners of superficiary houses are exempted from the provisions of this chapter. (c) Owners of properties assessed at not more than one thousand ($1,000) dollars for real property tax purposes shall not be required to install sanitary facilities and connect their premises to the public sewer lines. History: Amended Oct. 5, 1959, No. 498, § 3, Sess. L. 1959, p. 186; July 17, 1989, No. 5421, § 1(a), Sess. L. 1989, p. 18.

(a) Duly authorized personnel or representatives of the Waste Management Authority may, at all reasonable times, enter upon all properties to make any inspections or tests necessary to secure enforcement of this chapter and rules and regulations issued pursuant thereto. (b) Repealed. Jan. 22, 1960, No. 510, Sess. L. 1960, p. 4. History: Amended Oct. 5, 1959, No. 498, Sess. L. 1959, p. 186; Jan. 22, 1960, No. 510, Sess. L. 1960, p. 4; Jan. 23, 2004, No. 6638, § 5(i), Sess. L. 2003, p. 248.

Loans may be approved by the Governor from available public or trust funds to any person for the installation of sanitary facilities as required in this chapter, to be repaid in monthly or quarterly installments within 10 years with simple interest at the rate of 4 per centum per annum. The applicant for such a loan shall produce satisfactory proof that he is unable, because of lack of means, to comply with the provisions of this chapter. Such loans shall be secured by a lien on the property in which the sanitary facilities are installed, or on any other real property in the Virgin Islands. Loans may be made with security in a superficiary house in which the sanitary facilities covered by the loan have been installed, provided the owner of such superficiary house has a satisfactory lease for the land on which it rests and which lease extends throughout the term of the loan. History: Amended Oct. 5, 1959, No. 498, § 5, Sess. L. 1959, p. 187.

History: Repealed. Jan. 23, 2004, No. 6638, § 5(j), Sess. L. 2003, p. 248.

Be Connected to Sewer System; Time; Connections By Waste Management Authority (a) The Governor shall, within 60 days after June 11, 1959, declare by proclamation an area within each of the city limits of the Virgin Islands, in which all buildings occupied for habitation, commercial purposes, or as a place of private or public assembly, shall be connected to the public sewer system within one year from the date of the said proclamation, in full compliance with the provision of section 1523 of this title. Thereafter, such declarations of additional areas shall be made annually or oftener until all pit privies, privy vaults, cesspools, and nightsoil cans shall have been eliminated from all city and town limits within the Virgin Islands. (b) If the owner of a building occupied for habitation, commercial purposes or as a place of private or public assembly, located within the area fixed by proclamation of the Governor for the elimination of the nightsoil removal system pursuant to this section, fails to provide the necessary sanitary facilities and/or to connect them to the public sewer system within six months of the date he is notified so to do by the Waste Management Authority, the Governor may direct the Waste Management Authority to install the necessary facilities and do all other necessary work incident thereto, and the cost thereof shall be paid by the owner. If the owner fails to pay the cost thereof, the Virgin Islands Government shall have and is hereby granted a lien on such property with simple interest at 4 per centum per annum. Such lien may be foreclosed after the expiration of a period of five years. (c) Upon application by a property owner, showing to the satisfaction of the Waste Management Authority that it is difficult or impossible for him to make arrangements through private contractors or other private parties to provide the necessary sanitary facilities and perform other work incident thereto within the time limit set by the proclamation of the Governor pursuant to this section, the Governor may direct the Waste Management Authority to undertake the required work, the cost thereof to be paid by the owner. If the owner fails to pay the cost thereof, the Virgin Islands Government shall have and is hereby granted a lien on such property with simple interest at 4 per cent per annum. Such lien may be foreclosed after the expiration of a period of five years. (d) For mandatory connections to the public sewer system as required by this section, the Governor shall require the Waste Management Authority to install the water and sewer lines from the property to the nearest public lines at flat fee to be fixed by the Governor. History: Added June 11, 1959, No. 470, § 1; amended Oct. 5, 1959, No. 498, § 7, Sess. L. 1959, p. 187; Jan. 23, 2004, No. 6638, §§ 5(k), 5(l), 5(m), Sess. L. 2003, p. 248.

History: Repealed. Aug. 12, 2004, No. 6679, § 3(b), Sess. L. 2004, p. 154.

History: Repealed. Jan. 23, 2004, No. 6638, § 5(o)-(p), Sess. L. 2003, p. 248.

History: Repealed. Jan. 23, 2004, No. 6638, § 5(o)-(p), Sess. L. 2003, p. 248.

Whoever violates the provisions of this chapter or rules and regulations issued pursuant to this chapter shall be fined not more than $50. History: Amended June 11, 1959, No. 470, § 2, Sess. L. 1963, p. 74.

All connections to the salt-water lines shall be made by duly authorized personnel or representatives of the Waste Management Authority or by a licensed plumber or contractor licensed to do plumbing with the proper written consent of the Authority. History: Added Mar. 10, 1965, No. 1328, Sess. L. 1965, Pt. I, p. 49; amended June 4, 1968, No. 2238, § 7, Sess. L. 1968, Pt. II, p. 45; July 18, 1968, No. 2301, § 1, Sess. L. 1968, Pt. II, p. 263; Jan. 23, 2004, No. 6638, § 5(q), Sess. L. 2003, p. 249; Aug. 12, 2004, No. 6679, § 3(c), Sess. L. 2004, p. 154.

(a) Each user (or user class) of the public sewer system shall pay its proportionate share of the cost of operation and maintenance (including replacement) of the system based on the user's proportionate contribution to the total waste water loading from all users (or user classes); said public sewer system user fees to be charged pursuant to rules and regulations issued by the Waste Management Authority and subject to public hearings and prior approval by the Public Services Commission. (b) The family unit (3.5 persons) annual user fee, based upon the 1000 gallon treatment cost as of October 1, 1980, shall be $43.20. Other user classes shall be calculated from that base. The Waste Management Authority shall review waste water treatment costs biennially and may revise user fee regulations appropriately, as provided by the law, based upon results of such review. History: Added July 1, 1976, No. 3836, Sess. L. 1976, p. 97; amended Jan. 14, 1981, No. 4523, § 3, Sess. L. 1980, p. 263; July 17, 1989, No. 5421, § 1(c), Sess. L. 1989, p. 18; Jan. 23, 2004, No. 6638, § 5(r), Sess. L. 2003, p. 249.

It shall be unlawful for any person required to pay a public sewer system user fee under this chapter to assess against any tenant an amount for such fee in excess of the actual public sewer system user fee which can be attributed to such tenant's unit. If the person is required to pay a public sewer system user fee with respect to more than one unit, the amount which can be attributed to each unit must be prorated equally between the units. Penalties assessed against the landlord/owner shall not be passed on to the tenants. History: Added July 1, 1976, No. 3836, Sess. L. 1976, p. 97; amended July 17, 1989, No. 5421, § 1(d), Sess. L. 1989, p. 18.

All connections to the public sewer system shall be made by duly authorized personnel or representatives of the Waste Management Authority, at a fee of $10 per foot for installing a four-inch line and $12.50 per foot for installing a six-inch line. History: Added July 1, 1976, No. 3836, Sess. L. 1976, p. 97; amended Jan. 23, 2004, No. 6638, § 5(s), Sess. L. 2003, p. 249.

User fees assessed upon a property shall be a first priority lien against the property whether they are attached before or after this lien. Each lien shall be in the amount of the user fee due. History: Added Jan. 14, 1981, No. 4523, § 5, Sess. L. 1980, p. 264.

The purpose of this chapter is to provide for the proper storage, transportation and disposal of solid and hazardous wastes in the Virgin Islands, to promote and facilitate, wherever possible, the recycling of solid waste products, and resource conservation and recovery, to educate the public on the need for, and to impose upon all persons the duty of contributing to public cleanliness and appearance in order to promote the public health, safety and welfare and to protect the economic and aesthetic interests of the people of the Virgin Islands. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 172; amended Dec. 28, 1990, No. 5661, § 2(1), Sess. L. 1990, p. 449.

As used in this chapter, unless the context requires a different meaning: (a) "Abandoned or junked automobile or other motor vehicle" means a motor vehicle that is inoperable or over eight years old and is left unattended on public property for more than forty-eight hours, or a motor vehicle that has remained illegally on public property for more than forty-eight hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of such property for more than forty-eight hours. (b) "Advance disposal fee" means fees imposed on certain products pursuant to Title 33, section 42 of this code, to be used as funding for the antilitter and beautification programs of the Waste Management Authority. (c) [Repealed.] (d) "Approved refuse container" means a receptacle approved by the Waste Management Authority for storage of designated types of wastes prior to collection for disposal. (e) "Waste Management Authority" means the Virgin Islands Waste Management Authority as established pursuant to Title 29, Chapter 8, Virgin Islands Code, Section 496. (f) [Repealed.] (g) "Collection" means collection and transportation to an authorized storage, disposal or recovery facility, but does not include storage, disposal or recovery. (h) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be entered into the air or discharged into any waters, including ground waters. (i) "Disposal site" means any sanitary landfill, incinerator, baling or resource recovery facility or any other site authorized and designated by the Waste Management Authority as the final resting place of solid or hazardous waste. (j) "Garbage" means any putrescible animal, vegetable or fruit material, including waste resulting from handling, preparation, cooking or consumption of food and any body waste or parts of domestic animals. (k) "Hazardous waste" means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or managed. (l) "Junkyard" means a primarily outdoor commercial establishment for the salvage, storage and resale of used materials, including, but not restricted to, motor vehicles, appliances, household goods or parts thereof. (m) "Long-term contract" means, when used in relation to solid waste supply, a contract of sufficient duration to assure the viability of a resource recovery facility (to the extent that such viability depends upon solid waste supply). (n) "Manifest" means the form used for identifying the quantity, composition, and the origin, routing and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage. (o) "Open burning" means any manner of burning or causing rapid oxidation that results in products being discharged into the open air without passing through a properly designed stack, duct, chimney, flue or other control device or process. (p) "Open dump" means a site for solid waste disposal which is not a sanitary landfill as defined in this chapter. (q) "Peace officer" means marshals, deputy marshals, members of the police force, environmental sanitation inspectors of the Department of Health, sanitation supervisors of the Waste Management Authority, conservation enforcement officers of the Department of Planning and Natural Resources and harbor patrol officers of the Virgin Islands Port Authority. For purposes of enforcement of this chapter, such peace officers shall have appropriate, reasonable and necessary arrest and citation issuance powers as are contained in Title 5, chapter 305, subchapter I of this Code. (r) "Person" means any individual, family, trust, firm, joint stock company, corporation, partnership, association, commission, political subdivision or local or federal government department or agency, including independent instrumentalities thereof. (s) "Procurement item" means any device, food, substance, material, product or other item, whether real or personal property, which is the subject of any purchase, barter, or other exchange made to procure such item. (t) "Public place" means any street, curb, sidewalk, alley, lane, square, open sewer, gutter or any public highway (including the limits of the highway right-of-way) or any public park, building, recreational area, wharf, dock, pier, landing place, airport or airport terminal, waters, watercourse, stream or beach. (u) "Recoverable" means the capability and likelihood of being recovered from solid waste for a commercial or industrial use. (v) "Recovered resources" means materials or energy recovered from solid waste. (w) "Recyclable material" means those materials which are technologically capable of being recycled and which would otherwise be processed or disposed of as solid waste. (x) "Recycling" means the process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. (y) "Redemption center" means a business which offers to redeem, for an amount of money set by the Waste Management Authority, any empty container, or other material designated as recyclable by the Waste Management Authority. (z) "Resource conservation" means reduction of the amounts of solid waste that are generated, reduction of overall resource consumption, or utilization of recovered resources. (aa) "Resource recovery" or "recovery" means the recovery of material or energy from solid waste. (bb) "Resource recovery facility" means any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse. (cc) "Resource recovery system" means a solid waste management system which provides for collection, separation, recycling, and recovery of wastes, including disposal of non-recoverable waste residues. (dd) "Salvaging" means the controlled removal of reusable materials. (ee) "Sanitary landfill" means a facility for the disposal of solid waste which meets the criteria established by the Waste Management Authority. (ff) "Scavenging" means the uncontrolled or unauthorized picking of materials from wastes or the picking of materials from any place other than an authorized storage, disposal or salvage or recovery facility. (gg) "Sludge" means any solid, semi-solid or liquid waste generated from a territorial, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics and effects. (hh) "Solid waste" means any trash, rubbish (combustible or noncombustible), garbage, refuse, offal, filth, bottles, glass, crockery, cans, cartons, scrap metal, waste tires, junked vehicles, appliances or hardware, brush, waste soil, rock, concrete products, and construction materials, animal carcasses, sludge from a waste treatment plant or air pollution control facility, or any unsanitary or offensive material or discarded matter, or parts or portions thereof, or any industrial, commercial, mining, agricultural or other waste which is not subject to point source discharge permits under section 402 of the Federal Water Pollution Control Act or Title 12, section 185 of this Code. (ii) "Solid waste management" means the systematic administration of activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste. (jj) "Solid waste management facility" means any resource recovery system or component thereof, or any system, program, or facility for resource conservation, or any facility for the treatment of solid wastes and/or hazardous wastes whether such facility is associated with facilities generating such wastes or otherwise. (kk) "Solid waste planning", "solid waste management", and "comprehensive planning" include planning or management respecting resource recovery and resource conservation. (ll) "Storage" means the containment of wastes, either on a temporary basis or for a prolonged period, in such manner as not to constitute disposal. (mm) "Storage container" means large metal or concrete containers or bins. (nn) "Storage facility" means a site or facility or transfer station for the storage of wastes, other than storage containers or waste containers, prior to salvage, reuse or recovery or transportation for salvage, reuse or recovery. (oo) "Virgin material" means any raw material, including metals, presently or, because of new technology, potentially usable as raw material but which has previously been unused. (pp) "Waste" when unqualified, means solid waste and/or hazardous waste. (qq) "Waste generator" means any person who produces or causes to be produced, any solid or hazardous waste. (rr) "Waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of solid and/or hazardous wastes. (ss) "Waste container" means any small container, of a type approved by the Waste Management Authority, for storage of wastes. (tt) "Waste tire" means any tire that is not suitable for reuse because of wear, damage, or defect. (uu) "Waste transporter" means any person engaged for any purpose in transporting solid or hazardous wastes. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 172; amended Dec. 28, 1990, No. 5661, § 2(2), Sess. L. 1990, p. 450; Oct. 31, 1998, No. 6259, § 3(b), Sess. L. 1998, p. 418; Jan. 23, 2004, No. 6638, § 5(t)-(w), Sess. L. 2003, p. 249; amended Oct. 26, 2020, No. 8370, § 1(a)(1), (2), Sess. L. 2020, p. 173.

(a) The Waste Management Authority is hereby declared the Solid Waste Management Agency of the Virgin Islands and the agency of the Territory with duties and responsibilities as authorized by Title 3, section 67 of this Code. (b) There is hereby established within the Waste Management Authority the position of Solid Waste Planner. (c) The functions of the Solid Waste Planner are to: (1) develop and implement a solid waste management plan for the territory consistent with the provisions of this chapter; (2) issue permits for waste collection, storage, salvage and recovery; (3) review plans for disposal sites and to operate disposal sites; (4) cancel and annul collection, storage, salvage or recovery permits for cause; (5) oversee and reasonably discipline permittees collecting, storing, salvaging or recovering wastes; (6) conduct hearings, if requested, into the suspension or revocation of a collector's permit; (7) oversee the collection and disposition of wastes; (8) issue, amend or repeal rules and regulations for administering this law pursuant to the provisions of section 1560 of this chapter; (9) maintain records of waste disposal and to require any person operating a disposal site to keep such records; (10) establish and publish fees for government collection and disposal; (11) inspect and approve collection vehicles. (d) The functions of the Waste Management Authority are to: (1) enforce this chapter and issue citations and access penalties for violations; (2) enforce and issue citations involving vehicular transport of wastes and littering of public places, and roads and highways. (e) The Department of Health is authorized to: (1) enforce the provisions of this chapter as they relate to public health, vectors and disease control and the management of wastes in restaurants and other public eating places; (2) issue citations for violations; and (3) remove for proper disposal the carcasses of dead animals with the assistance, when necessary, of the Waste Management Authority or the Department of Public Works. (f) The U.S. Virgin Islands Police Department (V.I.P.D.) is authorized to: (1) enforce provisions of this chapter relating to the public safety, abandoned vehicles, violations involving vehicular transport of wastes and littering in public places; and (2) issue citations for violations. (g) The Department of Planning and Natural Resources is authorized to: (1) enforce provisions of this chapter relating to environmental effects of waste disposal, resource recovery and hazardous wastes; (2) enforce provisions of this chapter within the Territorial submerged lands and waters; (3) issue citations for violations; (4) issue permits for the operation of disposal sites and to inspect each site before use; and (5) periodically inspect all disposal sites to insure compliance with the designated disposal plan. Any modifications in such plans must be approved by the Commissioner of Planning and Natural Resources. (h) Harbor patrol officers of the Virgin Islands Port Authority are authorized to: (1) enforce provisions of this chapter within the Territorial waters and other public areas under their jurisdiction; and (2) issue citations for violations. (i) The Waste Management Authority are authorized to: (1) issue, amend or repeal rules and regulations for the operation of an antilitter and beautification program in the Territory; (2) enforce provisions of this chapter relating to the licensing and operation of redemption centers and the redemption of recyclable material; (3) issue citations for violations. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 176; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Dec. 28, 1990, No. 5661, § 2(3), Sess. L. 1990, p. 450; Oct. 31, 1998, No. 6259, § 3(a), Sess. L. 1998, p. 417; Jan. 23, 2004, No. 6638, § 5(x)-(bb), Sess. L. 2003, pp. 249-250; Aug. 12, 2004, No. 6679, § 3(d), Sess. L. 2004, p. 154; amended Oct. 26, 2020, No. 8370, § 1(b), Sess. L. 2020, p. 173.

History: Repealed. Jan. 23, 2004, No. 6638, § 5(cc), Sess. L. 2003, p. 250.

(a) The Waste Management Authority shall provide suitable public waste containers in adequate number and size on sidewalks and other public places. Waste containers placed on sidewalks and other public places shall be used only for such waste material as persons may have for disposal while passing along the street or other public places, and in no event shall be used for the disposal of waste material accumulated in residences or places of business. (b) Persons placing wastes in any waste or storage container shall do so in such a manner as to prevent them from being carried or deposited by the elements or by animals upon any public place or upon private property. (c) It shall be the duty of any person in possession or control of any premises where waste is created or accumulates, at all times to keep or cause to be kept a sufficient number of approved waste containers for the deposit therein of such waste and to deposit or cause to be deposited such waste therein. (d) No person shall sweep into or deposit in any gutter, street or other public place the accumulation of waste from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property or places of business shall keep the sidewalk in front of their premises free of litter. (e) Wastes accumulated in residences, places of business or otherwise shall be stored and disposed of in suitable containers, properly covered, tied or sealed so as to be protected from precipitation, animals, insects and vermin and to prevent scattering of contents and shall be disposed of in such manner as may be prescribed by regulations of the Waste Management Authority. (f) If, after due notification by the Waste Management Authority that waste material has accumulated on any property in violation of this section, and if, after a reasonable period, the owner or occupant of such property does not remove or cause to be removed the waste material, the Waste Management Authority shall cause same to be removed and shall assess the cost of removal against the tenant or landowner. If necessary the Waste Management Authority may attach a lien against the property for recovery of removal costs. (g) Public storage containers shall be provided of a type and size and at locations to be designated by the Waste Management Authority. Private waste containers of approved types shall be placed in public places only where they are subject to scheduled collection by the Waste Management Authority or commercial waste collectors. (h) All housing projects and other multiple-family developments shall include, as part of the development design, adequate spaces for solid waste storage and these places must be approved by the Solid Waste Planner. Residents of these areas shall deposit waste only in the approved storage sites which shall have hours of collection prominently posted. (i) It shall be the duty and responsibility of every business and commercial establishment, including apartment buildings of over three units and all other profit-making organizations, to provide for proper storage of their wastes. It shall be unlawful for any such establishment to use public roadside litter baskets or storage containers except as specifically authorized by the Waste Management Authority. The provisions of this section shall not apply to licensed private or parochial elementary, junior high or high schools in the Virgin Islands. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 177; amended Apr. 6, 1990, No. 5539, § 6, Sess. L. 1990, p. 167; Jan. 23, 2004, No. 6638, § 5(dd), Sess. L. 2003, p. 250.

(a) The Waste Management Authority shall insure that wastes are collected from waste and storage containers subject to his responsibility in a scheduled and timely manner. (b) The Waste Management Authority is authorized to issue permits for commercial waste collection and transportation; provided, that the applicant meets all the requirements of this chapter. (c) The Waste Management Authority is authorized, subject to applicable provisions of law, to contract with duly authorized commercial waste collectors for services. (d) All wastes shall be transported in such manner and in such vehicles as to avoid spillage, leakage or wind scattering of contents. Special transportation requirements for certain hazardous wastes may from time to time be established by regulation of the Waste Management Authority. (e) All businesses and commercial establishments must provide for collection and transportation to an approved disposal site of their own wastes, either by their own employees or by commercial waste collectors, or by reimbursing the Government for these services according to a rate schedule to be established by the Waste Management Authority; provided, that such rates shall not be less than those charged by commercial collectors and that commercial collectors cannot be obtained to provide the service. Employers shall bear legal responsibility for employees acting under their instruction. (f) All storage, collection, transportation, and disposal of wastes by any person shall be subject to the provisions of this chapter. (g) The Waste Management Authority is authorized to, and shall, develop and implement a plan for the collection of solid waste from individual residences and apartment buildings of under four units. Such plan shall include (i) a collection schedule specifying the days on which such solid wastes will be collected in different areas of the territory; (ii) specifications regarding the type of container from which such solid wastes may be collected; Provided, That such specifications shall provide that such containers shall be properly covered, tied or sealed so as to be protected from precipitation, animals, insects and vermin and to prevent scattering of contents; and (iii) specifications regarding the placement of such containers for collection. In implementing such plan, the Waste Management Authority shall not collect any solid waste from any container which does not meet the above specifications. The Waste Management Authority shall, in developing such plan, determine which areas, if any, in the territory are not suitable for the type of collection service provided for in this subsection and shall, in implementing such plan, not provide the collection service provided for in this subsection to such areas; Provided, That the Waste Management Authority shall place storage containers in such areas, such storage containers to be used exclusively for the individual residences and apartment buildings of under four units located in such areas. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 179; amended Apr. 7, 1982, No. 4701, § 10, Sess. L. 1982, p. 69; Jan. 23, 2004, No. 6638, § 5(ee), Sess. L. 2003, p. 250.

(a) Wastes shall be disposed of only at authorized disposal sites and in such manner as may be prescribed by regulations of the Waste Management Authority. (b) The Department of Planning and Natural Resources shall approve by suitable permit the establishment and operation of all disposal sites and these sites shall be subject to all applicable provisions of this chapter. (c) Commercial disposal sites shall accept wastes properly delivered by any person; provided, that such wastes are of a class they are authorized to handle, and they may charge not less than two dollars ($2.00) per commercial truck load of waste and one dollar ($1.00) per truck load of waste. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 179; amended Aug. 17, 1999, No. 6287, § 31, Sess. L. 1999, p. 64; Jan. 23, 2004, No. 6638, § 5(ff), Sess. L. 2003, p. 250.

(a) It is the intent of the Government to encourage, wherever practicable, the salvage, reuse, recovery or recycling of wastes; provided, that such activities, or the operation of facilities for such purposes, including junkyards and storage facilities, shall only be allowed under joint permit from the Department of Planning and Natural Resources and the Waste Management Authority, which permit shall be granted only to persons able to demonstrate the ability to conduct such activities within the provisions and restrictions of this chapter. The Waste Management Authority shall promulgate rules and regulations for the conduct of such operations or facilities. Salvage of waste at any storage or disposal site shall be allowed only with the permission of the owner or operator of such site. (b) Other provisions of this Code notwithstanding, no agency or department of the Government nor any provision of the Code shall prohibit long-term contracts for the supply of solid waste to resource recovery facilities. Agencies or departments shall, where necessary, implement policy revisions to conform to the requirements of this subsection. (c) (1) Effective October 21, 1978, procuring agencies of the Virgin Islands Government shall, with respect to any purchase or acquisition of a procurement item where the purchase price of the item exceeds $10,000 or where the quantity of such items or functionally equivalent items purchased or acquired in the course of the preceding fiscal year was $10,000 or more, procure items composed of the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, unless such items- (A) are not reasonably available within a reasonable period of time; (B) fail to meet reasonable performance standards, determined, where covered, on the basis of guidelines of the Federal Bureau of Standards; or (C) are only available at an unreasonable price, as determined by the procurement officer. (2) All agencies having responsibilities for drafting or reviewing procurement specifications shall, not later than June 21, 1978, insure that- (A) procurement specifications do not violate provisions of this section; (B) any exclusion of recovered materials is eliminated; (C) specifications do not require an item to be manufactured of virgin materials; and (D) specifications require reclaimed materials to the maximum extent possible without jeopardizing the intended end use of the item. (3) Procuring agencies shall, to the maximum extent practicable, manage or arrange for the procurement of solid waste management services in a manner which maximizes energy and resource recovery. (4) Agencies that generate heat, mechanical or electrical energy from fossil fuels in systems that have the technical capability of using recovered material or fuel derived from recovered material as a primary or supplementary fuel shall use such capability to the maximum extent practicable. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 180; amended Jan. 23, 2004, No. 6638, § 5(gg), Sess. L. 2003, p. 250.

(a) There is hereby established, under the direction and control of the Waste Management Authority, a program to reduce litter by encouraging the collection for recycling of certain containers and other recyclable materials in the Territory through a mechanism that would financially compensate persons for redeeming such materials and foster the establishment of redemption centers for the collection of such material to be in turn delivered to resource recovery facilities. (b) Every beverage container, paper product or other material which is offered for sale in the Territory and which is designated by the Waste Management Authority as recyclable and for which redemption centers have been established in the Territory shall have a minimum redemption value as set by the Waste Management Authority. (c) The public may return such recyclable materials to appropriate redemption centers and receive therefor, a payment of not less than the minimum redemption value, as set by the Waste Management Authority, from the redemption center. (d) No more than monthly, or at such times determined by rule of the Waste Management Authority, the operators of redemption centers may certify to the Waste Management Authority for the district in which the redemption center is located, on forms provided by the Waste Management Authority, the amount of redemption payments made to the public for recyclable materials and shall receive a reimbursement from the Antilitter and Beautification Fund in an amount established by rule of the Waste Management Authority. Reimbursements for properly documented claims of redemption centers shall be paid within two weeks of receipt of such claim by the Waste Management Authority. (e) Any person who satisfies the licensing and operation requirements of the Waste Management Authority and has complied with all other applicable laws of the Territory may establish a redemption center and shall have the right to determine the type of containers or other recyclable material that shall be accepted at that center. Redemption centers shall accept all such containers or recyclable material of the type redeemed by that center which are in reasonably clean and usable condition. (f) The Waste Management Authority shall develop rules and regulations for the operation of this section. History: Added Dec. 28, 1990, No. 5661, § 2(5), Sess. L. 1990, p. 453; amended Jan. 23, 2004, No. 6638, § 5(hh), Sess. L. 2003, p. 250.

It shall be the duty and responsibility of all persons to provide for proper storage, transportation and disposal of hazardous waste materials. The management of such materials shall be subject to rules and regulations to be developed by the Department of Planning and Natural Resources, including criteria for, and listing of, hazardous wastes, standards and permits for storage, transportation and disposal and for the operation of hazardous waste management facilities, whether on or off the site of generation of such wastes. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 181; amended Jan. 23, 2004, No. 6638, § 5(ii), Sess. L. 2003, p. 251.

Any abandoned or junked automobile or other motor vehicle, the body, or wreckage or part thereof placed on a public place or on any private property in violation of paragraph (6) of section 1563 of this title may be removed from such place or property in accordance with the provisions of chapter 49 of Title 20 of this Code. Any abandoned boat, the wreckage or parts thereof, illegally placed or left on any shoreline or submerged land may be removed pursuant to the provisions of Title 12, section 715 of this Code. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 181.

The Waste Management Authority shall promulgate such rules and regulations in accordance with the provisions of Title 3, Chapter 35 of this Code, as are necessary for the purpose of implementing and enforcing the provisions of this chapter. However, the Commissioner of the Department of Planning and Natural Resources shall promulgate such rules and regulations in accordance with title 3, chapter 35, of this Code, relating to the environmental effects of Waste disposal, resource recovery, and the inspection and permitting of disposal sites. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 182; amended Dec. 28, 1990, No. 5661, § 2(6), Sess. L. 1990, p. 454; Jan. 23, 2004, No. 6638, § 5(jj), Sess. L. 2003, p. 251; Aug. 12, 2004, No. 6679, § 3(e), Sess. L. 2004, p. 154.

(a) Notwithstanding any overlapping of agency responsibilities described under section 1553(c)-(g) of this chapter, each such agency shall be empowered and required to carry out the enforcement functions described thereunder. (b) Peace officers, as defined in this chapter, shall carry a suitable badge indicating their enforcement authority and may- (1) arrest any person for violations of this chapter committed in a public place pursuant to subsections (d)-(f) of this section, and (2) issue a citation or notice of non-compliance to any person owning or occupying any public or private property or operating any establishment in violation of this chapter. (c) In case of permit violations or violations of this chapter or regulations promulgated hereunder by any owner or operator of a waste collection or transportation service, the Waste Management Authority, or the Commissioner of Planning and Natural Resources in the case of a waste disposal facility, shall issue a notice of non-compliance to the owner or operator of the facility. Such notice shall state the nature of the non-compliance, the steps needed for correction, and a time limit for compliance. Each day the violation continues shall be considered a separate offense, for which the Commissioner or Authority with jurisdiction may assess a civil fine of not to exceed $200 for each offense. In case of permit violations, if the violation is not corrected within the period specified, the Agency or Authority issuing the permit may issue notice in writing to the permittee that his permit has been suspended or cancelled for cause. (d) In case of licensing violations or violations of this chapter or regulations promulgated hereunder by any owner or operator of a redemption center, the Waste Management Authority shall issue a notice of non- compliance to the owner or operator of the facility. Such notice shall state the nature of the non- compliance, the steps needed for correction, and a time limit for compliance. Each day the violation continues shall be considered a separate offense, for which the Waste Management Authority may assess a civil fine not to exceed $200.00 for each offense. In case of licensing violations, if the violation is not corrected within the period specified, the Waste Management Authority may issue a notice in writing to the licensee that his license has been suspended or cancelled for cause. (e) Whenever any person is apprehended for any violation of this chapter committed in a public place the apprehending peace officer may serve upon him a citation and levy of fine, which citation and notice shall be in a form approved by the Superior Court and shall be known as a "litter ticket". A litter ticket shall include spaces for the name and address of the person cited, the offense charged and the time and place of its commission. Such spaces shall be filled with the appropriate information by the apprehending officer. The ticket shall also indicate the fine to be paid and a time limit for payment. If the fine is not paid within the stated time, a summons to appear in court shall be issued and, if the violation was committed from a motor vehicle, boat or aircraft, a lien may be placed against same until the fine is paid. Upon the cited person's refusing to furnish his name and address, he may be taken into custody by the apprehending officer; provided, that a peace officer shall not serve or issue a litter ticket for any offense or violation except when the same is committed in his presence. For the purposes of this chapter the "Uniform Traffic Ticket" in the form prescribed by the District Court may be used by members of the police force as "litter tickets". (f) Any person willfully failing to pay a fine or appear in court as provided for in subsection (d) of this section shall be guilty of a misdemeanor regardless of the disposition of the litter law violation or offense for which he was originally cited; provided, that appearance in court may be complied with by an appearance by counsel; and provided, further, that any violations clerk for traffic offenses, duly constituted pursuant to rule 160 of the rules governing the Superior Courts, shall have the additional function to accept appearances, waiver of trial, plea of guilty and payment of costs and fines for violations of this subsection, hereinafter referred to as "litter offenses", subject to the following limitations and provisions: (1) The violations clerk shall serve under the direction and control of the court appointing him. (2) The court shall by order, which may from time to time be amended, supplemented or repealed, designate the litter offenses within the authority of the violations clerk; provided, that such offenses shall in no event include offenses cognizable in the District Court or violations resulting in property damage or personal injury. (3) The court, by published order to be prominently posted in the place where the fines are to be paid, shall specify by suitable schedules the amount of the fines to be imposed for first, second and subsequent offenses, designating each offense specifically in the schedules; provided, that such fines shall be within the limits declared by this chapter. (4) Any person charged with a litter offense within the authority of the violations clerk may appear in person before the clerk and upon signing a plea of guilty and waiver of trial, pay the fine established for the offense charged, and costs. He shall, prior to such a plea, waiver, and payment, be informed of his right to stand trial, that his signature to a plea of guilty will have the same force and effect as a court judgment, and that the record of conviction will be sent to the Police Commissioner. (5) Any person, subject to the provisions of subsection (f) hereof, residing outside the judicial district in which he is charged with a litter offense may, as an alternative to personal appearance before the violations clerk, telephone the violations clerk, determine the amount of the fine and costs, and forthwith mail the same, together with a signed plea of guilty and waiver of trial, to the violations clerk. (g) No person who has been found guilty or who has signed a plea of guilty to three previous litter offenses in the current calendar year shall be permitted to appear before the violations clerk unless the court shall, by general order applying to certain specified offenses, permit such appearance, conditioned upon the payment of a substantially increased fine, which increase shall be specified in such general order. (h) The provisions of this chapter with regard to the apprehension or arrest of persons violating the same shall govern all peace officers in making arrests without a warrant for offenses committed in their presence, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for a misdemeanor. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 182; amended June 15, 1984, No. 4964, § 1(b), p. 177; Dec. 28, 1990, No. 5661, § 2(7), (8), Sess. L. 1990, p. 454; Jan. 23, 2004, No. 6638, § 5(kk)-(ll), Sess. L. 2003, p. 251.

(a) Except as provided in subsection (b) of this section, any person violating any provision of this chapter, or of any rules and regulations issued pursuant thereto, shall be guilty of a misdemeanor and upon conviction shall be fined in an amount of $1,000 for each offense, or be imprisoned for not less than one nor more than 180 days or both. The court, in lieu of or in addition to any other sentence imposed, may direct a substitution of litter-gathering labor including but not limited to the litter or waste connected with the particular violation, under the supervision of the court. In no case, however, shall the litter-gathering labor be not less than fifteen hours nor more than three hundred hours in length. In cases where a peace officer has issued a notice of non-compliance pursuant to section 1561(b)(2) hereof, each day the violation continues shall be considered a separate offense. (b) In the case of willful non-compliance with any notice or compliance order issued pursuant to section 1561(c) or (d) of this chapter the violating permittee of a waste collection, transportation, or disposal service or facility or of a resource recovery or hazardous waste management facility, or the violating licensee of a redemption center may, subject to the limits set forth hereinbelow, be fined for each day of non-compliance in an amount not to exceed $5,000 for the first offense and $10,000 for a second or subsequent offense. Upon conviction for a first offense under this subsection the penalty shall be not more than $25,000 or not more than one year imprisonment, or both. Upon conviction for a second or subsequent offense the penalty shall be not more than $50,000 or not more than two years imprisonment, or both. (c) Any person violating section 1563(23) of this chapter shall be fined for each day of violation not less than five thousand ($5,000) dollars and not in excess of fifty thousand ($50,000) dollars, or one year imprisonment or both. A violator's waste collection permit may be subject to revocation for up to thirty (30) days per violation. No permit shall be revoked or suspended unless the permittee shall be given notice and an opportunity to be heard at a full hearing by the Department of Planning and Natural Resources on such violation warranting revocation of the permit. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 184; amended Dec. 28, 1990, No. 5661, § 2(9), Sess. L. 1990, p. 455; Oct. 31, 1998, No. 6259, § 3(d), Sess. L. 1998, p. 418; Jan. 3, 2000, No. 6338, §§ 3(a), (b), Sess. L. 1999, p. 255; Oct. 1, 2005, No. 6750, § 1, Sess. L. 2005, p. 212.

No person shall- (1) throw, place or deposit any waste in any public place, except in receptacles in the manner provided by law and regulations thereunder; (2) interfere in any manner with any receptacle for waste which has been set out on a street or other public place for collection, or remove the contents thereof, or remove such receptacle from the location where the same was placed by the owner thereof or remove the cover of such receptacle without replacing the same; (3) turn over or upset the contents of any waste receptacle on any street or public place; (4) haul or transport loose waste such as paper, rags, ashes or other material of such kind as to be subject to be blown about by the wind or otherwise scattered in such manner as to litter the streets or other public places; (5) cause, suffer or permit the accumulation, on premises under his management or control as owner, lessee, contractor or otherwise, of waste which because of its character or condition may invite the breeding or collection of flies, mosquitoes or rodents, or which may in any other manner prejudice the public health; (6) place or permit to remain any abandoned or junked automobile or other motor vehicle or boat, the body or wreckage or parts thereof, on any property, shoreline or submerged land without the consent of the owner thereof; (7) without the consent of the public authority having supervision of public property or the owner of private property, to dump, deposit, place, or throw or leave or cause or permit the dumping, depositing, placing, throwing or leaving of waste on any public or private property or waters other than property designated and set aside for such purposes; and if the dumping, depositing, placing or throwing of litter was done from a motor vehicle, boat or aircraft, it shall be prima facie evidence that such dumping, depositing, placing or throwing was done by the registered owner or operator of such motor vehicle, boat or aircraft; (8) discard, except in a properly designated waste container any commercial or non-commercial handbill in or upon any public place; and it shall be unlawful for any person to hand out or distribute any commercial handbill to any person on a public street, sidewalk or vehicle parking area; (9) drop, deposit or distribute any commercial or non-commercial handbill in or upon any private premises without the consent of the owner thereof and except by handing or transmitting the handbill directly to the owner or occupant or by so placing or depositing the handbill so as to secure or prevent it from being scattered from the premises to other public or private places; (10) place or deposit any commercial or non-commercial handbill upon any vehicle not his own or in his possession; (11) park any motor vehicle in front of a waste storage point; (12) transport or dispose of any solid or hazardous waste in any manner or in any place inconsistent with the provisions of this chapter, except that the Waste Management Authority may grant, upon application, dispensation for reasonable cause; (13) dispose of any waste in any sewer, storm sewer, watercourse or body of water except as may be specifically allowed by the Waste Management Authority or in other pertinent sections of the Code; (14) operate any disposal site without a permit; (15) collect wastes commercially without a permit; (16) overload any waste transport vehicle so that material is blown or scattered; (17) conduct, or cause to be conducted, open burning of any waste anywhere, without specific permission of the Waste Management Authority, which permission shall be granted only for unusual circumstances, except that properly operated pits for the production of charcoal may be permitted by the Waste Management Authority upon application and his satisfaction that the operator is capable of properly maintaining same; (18) dispose of any waste anywhere but at an authorized disposal site, except that private compost piles may be maintained if they are rodent-proof, do not contain garbage and do not constitute a public nuisance or health threat; (19) throw, dump or place any material whatsoever on any artificial reef without written permission from the Commissioner of Planning and Natural Resources; (20) scavenge wastes from any waste container, storage container, waste transport vehicle or storage or disposal site; (21) salvage wastes commercially from any place other than an authorized storage, disposal or recovery facility and without permission of the owner or operator of such facility; (22) conduct or cause to be conducted open dumping or the operation of open dumps; (23) dump, deposit, place, or otherwise dispose or permit the dumping, depositing, placing or disposing of sewage or sewage sludge at a landfill, public or private land; or (24) operate a redemption center for recyclable material without a license from the Waste Management Authority. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 185; amended Dec. 28, 1990, No. 5661, § 2(10), Sess. L. 1990, p. 455; Jan. 3, 2000, No. 6338, § 3(c), Sess. L. 1999, p. 256; Jan. 23, 2004, No. 6638, § 5(mm)-(nn), Sess. L. 2003, p. 251; Aug. 12, 2004, No. 6679, § 3(f), Sess. L. 2004, p. 154.

In addition to any other penalties provided by law for violation of the provisions of this chapter, the Attorney General on behalf of the Government may bring actions in any court of the Virgin Islands to restrain such violations. History: Added Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 187.

This chapter may be referred to and cited as the "Solid Waste Disposal, Resource Recovery and Desalination Facility Development Act". History: Added May 19, 1983, No. 4805, § 1, Sess. L. 1983, p. 43.

The processing of solid waste by resource recovery facilities provides a preferred method of disposing of solid waste. The recovery of resources contained in solid waste promotes commerce, industry and employment opportunities. The development of desalination facilities through a technology by which potable water can be recovered from seawater is necessary to aid in alleviating the fresh water shortage in the Virgin Islands, thus improving the health and well-being of its people. The establishment of Solid Waste Disposal and Resource Recovery Facilities and Desalination Facilities by the Government of the Virgin Islands through the Waste Management Authority is hereby declared to be in the public interest and a public improvement vital to the welfare of the people of the Virgin Islands, and it is the purpose of this chapter to authorize the Government of the Virgin Islands through the Waste Management Authority to select and contract with appropriate persons for the development, design, financing, ownership, leasing, construction, operation, repair and/or maintenance of Solid Waste Disposal and Resource Recovery Facilities and Desalination Facilities in the Virgin Islands. History: Added May 19, 1983, No. 4805, § 1, Sess. L. 1983, p. 43; amended Jan. 23, 2004, No. 6638, § 5(oo), Sess. L. 2003, p. 251.

As used in this chapter, unless the context requires a different meaning: (a) "Bonds" shall mean the bonds authorized by the Legislature of the Virgin Islands and issued by the Government of the Virgin Islands pursuant to section 8(b)(i) of the Revised Organic Act of 1954, as amended, or issued by any Authority of the Government of the Virgin Islands for the financing of Solid Waste Disposal and Resource Recovery Facilities and/or of Desalination Facilities. (b) "Authority" shall mean the Waste Management Authority as established at Title 29, Chapter 8, of this Code. (c) [Repealed.] (d) "Desalination Facilities" shall mean any area, site, structure, facility or equipment which are used for the processing of seawater to produce potable water and which are intended to be operated in conjunction with Solid Waste Disposal and Resource Recovery Facilities, including potable water storage tanks, pumps, meters, valves, pipes and other appurtenances, that constitute the storage and distribution system for the potable water produced. (e) "Government" shall mean the Government of the Virgin Islands. (f) "Person" shall mean any individual, partnership, corporation, joint venture, association, joint stock company, trust, nonincorporated organization, or the Government or any agency or political subdivision thereof. (g) "Potable water" shall mean water processed by the Desalination Facilities which meets the applicable federal and local standards and which is acceptable to the Authority. (h) "Proposer" shall mean any person who submits proposals in response to requests for proposals issued by the Authority. (i) "Solid Waste Disposal and Resource Recovery Facilities" shall mean any area, site, structure, facility, or equipment used for the extraction, collection, storage, treatment, processing, utilization or final disposal of resources contained in solid waste, including, but not limited to, the conversion of solid waste or other resources contained therein into steam, electricity or any other product or energy source and the collection, storage, treatment, processing or final disposal of solid waste in connection with the foregoing. History: Added May 19, 1983, No. 4805, § 1, Sess. L. 1983, p. 43; amended Dec. 27, 1984, No. 5033, § 2, Sess. L. 1984, p. 416; Aug. 12, 2004, No. 6679, § 3(g), Sess. L. 2004, p. 154.

For the purpose of carrying out the establishment of Solid Waste Disposal and Resource Recovery Facilities and Desalination Facilities, as authorized by this chapter, the Authority, acting on behalf of the Government, shall, subject to the provisions of section 1569 of this chapter, have the power to: (a) Issue requests for proposals for the design, financing, ownership, construction, repair, leasing, operation and/or maintenance of Solid Waste Disposal and Resource Recovery Facilities and of Desalination Facilities, such requests for proposals to be prepared by or on behalf of the Government. Proposals received shall be evaluated by the Authority, in the manner consistent with provisions set forth in the request for proposals. Evaluation may be based on a variety of factors including, but not limited to, net cost, net energy efficiency, environmental protection and overall system reliability; (b) Negotiate with any proposer or proposers at any time prior to final award and make a contract award to any responsible proposer, based on a determination by the Authority that the selected proposal is most responsive to the request for proposals; Provided, however, the Authority shall possess the authority, in his sole discretion, to withdraw from negotiations at any time. If there is only one proposer, the Authority may either withdraw the request for proposals for possible reissuance at a later date, or if the proposer is responsible and responsive to the request for proposals, may negotiate with and make a contract award to such proposer. If there are no responsive and responsible proposers, the Authority may either withdraw the request for proposals for possible reissuance at a later date or may solicit a responsible person or persons to respond to the request for proposals and negotiate an agreement with such person or persons. Any contract awards made pursuant to the provisions of this subsection shall be subject to such modification as the Authority, in his sole discretion, may deem necessary to negotiate with the proposer. The obligations represented by the payment to be made in such contracts shall under no circumstances constitute a general obligation of the Virgin Islands; (c) Contract with any person for the design, construction, financing, ownership, leasing, operation, repair and/or maintenance of Solid Waste Disposal and Resource Recovery Facilities and of Desalination Facilities and pay all or part of the cost of such facilities from the proceeds of (i) bonds, and (ii) other moneys available to the Government and appropriated for such purpose. Ownership of the Solid Waste Disposal and Resource Recovery Facilities and Desalination Facilities may reside in any person or persons. The obligations represented by the payment to be made in such contracts shall under no circumstances constitute a general obligation of the Virgin Islands; (d) Contract with any person for the disposal of refuse, garbage and waste at Solid Waste Disposal and Resource Recovery Facilities or for the purchase, use or disposal of products, by-products or residue resulting from the operation of such facilities. Such contracts may be for such periods as agreed upon by the parties, but in no case may the duration of any contract, excluding financing, design and construction periods, exceed twenty years; Provided, That the contractor shall have the option, not later than four years prior to the expiration of the contract, to notify the Authority of its wishes to continue operations, not to exceed an additional 20 years, and to negotiate a new contract to that end. Such contracts may include provisions requiring the Authority to provide for the delivery of refuse, garbage and waste and to pay for the availability of the Solid Waste Disposal and Resource Recovery Facilities, such payments to be determined by formulae set forth in the contract. The obligations represented by the payment to be made in such contracts shall under no circumstances constitute a general obligation to the Virgin Islands. (e) Contract with any person for the delivery of water produced by Desalination Facilities. Such contracts may be for such periods as agreed upon by the parties, but in no case may the duration of any contract exceed twenty years. Such contracts may include a provision requiring the Authority to accept fixed amounts of potable water processed by Desalination Facilities and to pay for the availability of such potable water. Such payment shall be determined water. Such payment shall be determined by formulae set forth in the contract. The obligations represented by the payment to be made in such contracts shall under no circumstances constitute a general obligation of the Virgin Islands; (f) Contract with any person for the sale of potable water accepted by the Authority from the Desalination Facilities. All such payments received shall be deposited in the Water Purchases Revolving Fund established pursuant to the provisions of section 3048 of chapter 111, Title 33, Virgin Islands Code; (g) Issue rules and regulations, or amend existing rules and regulations, to require all persons engaged in the business of collecting solid waste to deliver such solid waste to Solid Waste Disposal and Resource Recovery Facilities and to pay such fees as may be promulgated by the Authority. Payments received from such persons shall be transferred by the Authority to the Resource Recovery and Potable Water Revolving Fund established pursuant to Title 33, section 3055, Virgin Islands Code; (h) Enter into contracts on behalf of the Government to acquire, purchase, own, hold, lease as lessee or use any Solid Waste Disposal and Resource Recovery Facility and/or Desalination Facility or property, real, personal or mixed, tangible or intangible, in connection with these facilities, and to sell, mortgage, lease as lessor, assign, transfer and dispose of any property or interest therein at any time acquired by the Government; (i) Enter into other necessary contracts of every name and nature and execute all instruments which further the financing, design, development, construction, improvement, operation, repair and/or maintenance of Solid Waste Disposal and Resource Recovery Facilities and Desalination Facilities. History: Added May 19, 1983, No. 4805, § 1, Sess. L. 1983, p. 43; amended Dec. 27, 1984, No. 5033, § 3, Sess. L. 1984, p. 416; Aug. 12, 2004, No. 6679, § 3(h), Sess. L. 2004, p. 155.

(a) Any contract entered into by the Authority, on behalf of the Government, in accordance with section 1568 of this chapter, for construction, operation, repairs, and/or maintenance of Solid Waste Disposal and Resource Recovery Facilities and Desalination Facilities, shall require that at least eighty-five percent (85%) of the employees of any person entering into such contract with the Government, or of any subcontractors of such person, shall be unemployed residents of the Virgin Islands (as defined below) who are qualified to perform the service or work required to be performed by such person under such contract or who, after training, within a reasonable period shall be so qualified to perform such service or work; Provided, however, That in the event the Commissioner of Labor certifies that such unemployed residents of the Virgin Islands are insufficient to meet the requirements of this section, then, to the extent of that insufficiency, this requirement shall not apply. (b) For the purposes of this section the term "resident of the Virgin Islands" means a U.S. citizen or permanent resident domiciled in the Virgin Islands for at least one year prior to the date of determination. (c) The Commissioner of Labor, in consultation with the Authority, shall prescribe such rules and regulations as may be necessary to implement the provisions of this section. History: Added Jan. 19, 1984, No. 4892, § 2, Sess. L. 1984, p. 12; amended Aug. 12, 2004, No. 6679, § 3(i), Sess. L. 2004, p. 155.

Virgin Islands Code (a) No contract or other agreement entered into by the Commissioner pursuant to the provisions of this chapter shall be valid unless and until executed by the Commissioner of Property and Procurement and approved by the Governor and the Legislature. (b) The provisions of chapter 1, chapter 21, and chapter 23 of Title 31, Virgin Islands Code, shall not be applicable to the Commissioner in carrying out the provisions of this chapter. History: Added May 19, 1983, No. 4805, § 1, Sess. L. 1983, p. 43.

Commission All Solid Waste Disposal and Resource Recovery Facilities and Desalination Facilities developed pursuant to this chapter shall be exempt from the jurisdiction and regulation of the Public Services Commission of the Virgin Islands. History: Added May 19, 1983, No. 4805, § 1, Sess. L. 1983, p. 43.

By annual appropriation, the Legislature shall provide amounts necessary to satisfy the Government's fiscal year obligation to pay service fees for the operation and maintenance of Desalination Facilities and Solid Waste Disposal and Resource Recovery Facilities developed pursuant to this chapter, which fees shall be paid on the basis of availability of said facilities. History: Added May 19, 1983, No. 4805, § 1, Sess. L. 1983, p. 43.

History: Repealed. Jan. 23, 2004, No. 6638, § 5(pp), Sess. L. 2003, p. 251.

Notwithstanding the provisions of chapter 56 of this title, the implementation of this chapter shall be the sole responsibility of the Waste Management Authority. Insofar as the provisions of this chapter are inconsistent with any other provisions of law, the provisions of this chapter shall be controlling. History: Added May 19, 1983, No. 4805, § 1, Sess. L. 1983, p. 43; amended Jan. 23, 2004, No. 6638, § 5(qq), Sess. L. 2003, p. 252.

History: Repealed. Jan. 23, 2004, No. 6638, § 5(rr), Sess. L. 2003, p. 252.

Any person who violates any of the provisions of the rules and regulations issued by the Waste Management Authority pursuant to the provisions of subsection (g) of section 1568 of this chapter shall be fined $100.00. History: Added May 19, 1983, No. 4805, § 1, Sess. L. 1983, p. 43; amended Jan. 23, 2004, No. 6638, § 5(ss), Sess. L. 2003, p. 252.

(a) Effective on the date the owner of a Solid Waste Disposal Resource Recovery and Desalination Facility constructed pursuant to this chapter is contractually obligated to commence operation, in either the District of St. Thomas-St. John or the District of St. Croix, all solid waste in that district, however collected, that the Facility is required to process shall be delivered to the Facility. (b) Any person who violates this provision shall be subject to the penalty provided in section 1570e of this chapter for each violation, and in the case of private solid waste collectors, be subject to business license suspension or revocation. History: Added Dec. 27, 1984, No. 5033, § 4, Sess. L. 1984, p. 416.

As used in this chapter, unless the context clearly requires otherwise: (a) "Authority" means the Virgin Islands Waste Management Authority. (b) "Person" means individual, corporation, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency or instrumentality, or any other legal entity. (c) "Tire retailer" means an individual or legal entity that sells wholesale or retail tires. (d) "Waste tire" means any tire that is not suitable for reuse because of wear, damage, or defect. History: Added Oct. 26, 2020, No. 8370, § 2, Sess. L. 2020, p. 173.

(a) The Commissioner of the Department of Property and Procurement shall identify and set aside a parcel of land in each district to be used by the Authority as tire transfer stations for the collection of waste tires and for the exportation of waste tires by permitted tire retailers. The parcel of land selected may not be land occupied by a tire retailer. History: Added Oct. 26, 2020, No. 8370, § 2, Sess. L. 2020, p. 173.

(a) The Authority, with the approval of the Public Services Commission, shall establish a tire disposal fee to cover the actual costs of lawful waste tire disposal or the cost of exportation to a waste disposal site. The tire disposal fee must be imposed upon the sale of each tire by a tire retailer or upon any tire imported into the Territory by a person. (b) Every tire retailer shall collect the tire disposal fee from the consumer on each tire sold. (1) The tire disposal fee must be added to the total cost of the purchase and must listed separately on the invoice or bill of sale. Tire retailers must not include the cost of the tire disposal fee within the price of the tire. (2) The tire retailer shall submit the tire disposal fees collected to the Bureau of Internal Revenue ("IRB") at such intervals as the Director of IRB requires. (3) The tire disposal fees collected pursuant to this subsection is exempt from gross receipt taxes. (c) Every person who purchases a tire for importation into the Territory shall pay the tire disposal fee to the IRB at the time that the person pays the excise tax on the tire. History: Added Oct. 26, 2020, No. 8370, § 2, Sess. L. 2020, p. 174.

Tire retailers or any person or entity processing waste tires shall obtain a permit from the Authority to collect, store, transport, and dispose of all waste tires generated at their businesses. Any tire retailer or any person or entity processing waste tires that stores or collects waste tires shall comply with local and federal storage requirements for waste tires. Tire retailers or any person or entity processing waste tires shall permit the Authority to review and inspect all records related to the collection, storage, transport, and disposal of waste tires from the tire retailer's or any person's or entity's business. History: Added Oct. 26, 2020, No. 8370, § 2, Sess. L. 2020, p. 174; amended Nov. 10, 2025, No. 9052, § 4, Sess. L. 2025, p. -.

The sale of waste tires is banned throughout the Territory. History: Added Oct. 26, 2020, No. 8370, § 2, Sess. L. 2020, p. 174; amended Nov. 10, 2025, No. 9052, § 4, Sess. L. 2025, p. -.

(a) Any person or tire retailer who violates any provision of this chapter, or any regulations issued pursuant this chapter, after notice and opportunity for a hearing conducted by the Authority, shall pay a fine not to exceed $500 per tire for the first offense, $750 per tire for the second offense, and $1,000 per tire for the third or any subsequent offense. (b) The business license of any tire retailer who is delinquent in paying fines assessed pursuant to this chapter may not be renewed until all fines have been paid. (c) On or before January 15 of each year, the Authority shall submit a written report to the Department of Licensing and Consumer Affairs containing the names of all tire retailers who owe outstanding fines. History: Added Oct. 26, 2020, No. 8370, § 2, Sess. L. 2020, p. 174, 175.

(a) There is established a separate and distinct fund within the Treasury of the Government of the Virgin Islands designated "The Waste Tire Management and Vehicle Disposal Fund" ("the Fund"). (b) The Commissioner of Finance shall direct all fees and sums collected under sections 1570i and 1570l, any other funds that may be appropriated from time to time by the Legislature, and all gifts, contributions, and bequests of all monies, to be deposited into the Fund. (c) Excise taxes paid on pneumatic tires, inner tubes and solid tires for motor vehicles pursuant to 33 V.I.C. § 42 of the and tire taxes paid on tires pursuant to 33 V.I.C. § 80 must be deposited into the Fund. All Vehicle Disposal Fees collected by the Bureau of Motor Vehicles. (d) The Commissioner of Finance shall disburse all monies deposited into the Fund, to the Waste Management Authority for purposes related to the collection and disposal of waste vehicles and tires, including public education regarding disposal of waste vehicles and tires and funding a waste tire redemption program administered by the authority. (e) All monies collected pursuant to subsection (c) must be used to properly dispose of the waste vehicles and tire piles throughout the Territory. History: Added Oct. 26, 2020, No. 8370, § 2, Sess. L. 2020, p. 175; amended Oct. 16, 2024, No. 8919, § 10, Sess. L. 2024, p. -; amended Nov. 10, 2025, No. 9052, § 4, Sess. L. 2025, p. -.

The Authority shall promulgate regulations for the collection, storage, transportation, recordkeeping, management, and disposal of waste tires throughout the Territory, and for administrative hearings and procedures. History: Added Oct. 26, 2020, No. 8370, § 2, Sess. L. 2020, p. 175.

Tire retailers and their employees are prohibited from participating in tire redemption programs. History: Added Oct. 26, 2020, No. 8370, § 2, Sess. L. 2020, p. 175.

(a) The Commissioner of Health shall by regulations approved by the Governor, not inconsistent with any law, provide for the eradication or control of dangerous or harmful pests, including rats, insects and vermin. (b) The regulations authorized in subsection (a) of this section shall include, but are not limited to, provisions for the rat-proofing of buildings, for the chemical treatment, elimination or destruction of rat- infested or rat-breeding places, for the disposal or handling of refuse, garbage, feed or food or other materials favoring the harboring or breeding of rats. (c) The regulations authorized in subsection (a) of this section shall include, but are not limited to, provisions for the treatment with appropriate chemicals of any premises for the elimination or control of pests, insect pests or vermin whenever necessary or advisable for the protection of public health or the prevention of disease. The regulations shall provide for the protection of privacy and safety of the occupants of premises being treated as authorized by such regulations. (d) The regulations authorized under this section may provide for reasonable fees and charges to be paid by owners of premises on which work is done by the Commissioner of Health or where services are rendered pursuant to regulations promulgated under this section. Provision may be made for waiver of such fees and charges upon determination that the owner or tenant is unable to pay.

(1) "Autologous Blood Transfusion" means a transfusion of the patients own blood that has been donated prior to surgery and stored for use by the patient at a later date. (2) "Designated Blood Transfusion" means a transfusion of blood that was donated by another person specifically for use by the patient. (3) "Homologous Blood Transfusion" means a transfusion of blood donated by an individual at a blood bank, for use by any patient with a matching blood type. History: Added Sept. 2, 1994, No. 6013, § 2, Sess. L. 1994, p. 198.

(A) Whenever a blood transfusion may be necessary during a surgical procedure, a physician or surgeon shall inform the surgery patient, prior to performing the surgical procedure, of the options of receiving autologous blood transfusions, designated blood transfusions or homologous blood transfusions; provided, the patient shall sign an acknowledgment of the notification of options under this subsection. (B) The physician or surgeon who will perform the surgery shall note on the patient's medical record and shall attach or insert the acknowledgment authorized under subsection (A) of this section to the medical record. (C) The physician or surgeon who will perform the surgery shall not be required to provide his patient with an explanation of the transfusion options pursuant to this section, if medical contraindications exist or the surgery is performed on an emergency basis. (D) If there are no medical contraindications or the surgery is not performed on an emergency basis, the physician or surgeon shall allow adequate time, prior to surgery, for pre-donation to occur. If the patient waives the option to pre-donate blood, the physician or surgeon shall not incur any liability for his failure to allow the pre-donation to occur. History: Added Sept. 2, 1994, No. 6013, § 2, Sess. L. 1994, p. 198; amended June 18, 1996, No. 6110, § 27(a)(2), Sess. L. 1996, p. 68.

(A) A health care facility which performs a transfusion shall be required to accept autologous or designated blood for a potential transfusion to a patient, if the blood is received from a blood bank licensed by the Virgin Islands Department of Health, and has been tested and prepared in accordance with standards approved by the Department of Health. (B) A blood bank which collects autologous or designated blood shall inform the donor of the blood or the intended recipient of the blood, in the case of a designated blood transfusion, of all fees that the blood bank charges to process, store, transport, or otherwise prepare the blood for transfusion. History: Added Sept. 2, 1994, No. 6013, § 2, Sess. L. 1994, p. 198.

The Commissioner of Health shall have general oversight and shall establish rules and regulations for the implementation and carrying out of the provisions of this chapter. History: Added June 18, 1996, No. 6110, § 27(b), Sess. L. 1996, p. 68.

(a) The Commissioner of Health shall promulgate regulations to implement an Employee Blood Donation Program that provides for participants to receive time off from their employment to donate blood, as provided in subsection (d). (b) Only fulltime employees who are employed by the employers identified in subsection (d), are at least 18 years of age, and meet the health and other criteria established by the Department of Health are eligible to participate in the Employee Blood Donor Program under this section. (c) The Employee Blood Donor Program operates during the operating hours of the blood bank. (d) Employees of the Government of the Virgin Islands and those private-sector employees employed by beneficiaries of either the Economic Development Program or Act No. 4740 are entitled to a maximum of three hours leave once every two months, without loss of pay, or any other benefit, to allow employees time to donate blood. (e) Employers and employees shall cooperate to establish mutually acceptable schedules that permit employee participation in the Program to the fullest extent possible while maintaining adequate staffing levels in the workplace. (f) Employees who participate in the Blood Donation Program shall submit to their employers documented proof confirming their participation at the time and on the date for which they received leave. History: Added Mar. 23, 2016, No. 7855, § 2, Sess. L. 2016, p. 29.

(a) Any funeral home licensed to do business in the Virgin Islands, or individual or corporation formed under the laws of this territory with at least three (3) years training in mortuary science or five (5) years of operating experience, may erect, maintain and operate a crematory in the territory and provide the necessary appliances and facilities for the disposal by incineration of the bodies of the dead, in accordance with the provisions of this chapter. The location of a crematory shall be within the confines of a plot of land approved for the location of crematories by the Department of Planning and Natural Resources. (b) Application for approval shall be made in writing to the Department of Planning and Natural Resources, and a hearing shall be held on the island in which the location is situated within sixty-five days from the date of receipt of the application. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given on the application to the Commissioner of the Department of Public Works, and to the Commissioner of Health, and by publication twice in a newspaper having a substantial circulation in the Virgin Islands at intervals of not less than two days, the first being not more than fifteen days, nor less than ten days, and the second being not less than two days before the hearing. The Department of Planning and Natural Resources shall approve or deny the application within one hundred and twenty days after the hearing, provided an extension of time not to exceed a further period of one hundred and twenty days may be had with the consent of the applicant. The Department of Planning and Natural Resources shall state the grounds for its actions in the records of the Department. Each applicant shall pay a fee determined by the Commissioner of Planning and Natural Resources, together with the cost of the publication of the notice and the reasonable cost of the hearing, to the Department of Planning and Natural Resources. (c) No crematory shall be erected until the plans for it have been filed with and approved by the Department of Health, and no crematory shall be used until it has been inspected and approved by the Department of Health, and a fee of one thousand dollars ($1,000.00) is paid to the Department of Health for its inspection and approval. History: Added Sept. 14, 1999, No. 6291, § 1, Sess. L. 1999, p. 77.

The Department of Health may erect, maintain and operate a crematory for the cremation after dead bodies which have been held in its morgue for at least one year, and have not been identified or claimed. The crematory shall be erected, maintained and operated in accordance with the provisions of this chapter, and shall be subject to the restrictions herein provided. No dead body shall be cremated under this section if the body is claimed and removed within seven days after receipt of notice, by relatives or interested friends or by the agency responsible for the burial of the body, but any dead body may be cremated with the consent of the relatives, friends or agency responsible for the burial of the body. History: Added Sept. 14, 1999, No. 6291, § 1, Sess. L. 1999, p. 77.

The managers of each crematory shall keep books of record, which shall be open at reasonable times for inspection, in which shall be entered the name, age, sex and residence of each dead body cremated, together with the authority for such cremation and the disposition of the ashes. The owner or manager of each crematory shall immediately forward to the registrar by whom the permit required by section 1703 was issued a certified duplicate of the record, which duplicate the registrar shall keep on file and record with other vital statistics. When any dead body is removed from this Territory for the purpose of cremation, the person having the legal custody and control of the dead body shall cause a certificate to be procured from the person in charge of the crematory in which the body is cremated, stating the facts called for in this section, and cause the certificate to be filed on record with the registrar by whom the permit was issued. History: Added Sept. 14, 1999, No. 6291, § 1, Sess. L. 1999, p. 77.

(a) A dead body may be disposed of by cremation in the Territory of the Virgin Islands, or may be removed from the Territory for such purpose. If death occurred in the Virgin Islands, the death certificate required by law shall be filed with the registrar of vital statistics for the island in which the person died, if known, or, if not known, for the island in which the body was found. A cremation certificate from the chief medical examiner, deputy chief medical examiner, associate medical examiner, or an authorized assistant medical examiner, stating that he has made inquiry into the cause and manner of death, and is of the opinion that no further examination or judicial inquiry is necessary, shall be filed with the registrar of vital statistics of the island in which the person died, if known, or, if not known, of the island in which the body was found, or with the registrar of vital statistics of the island in which the funeral director having charge of the body is located. (b) The estate of the deceased person, if any, shall pay the sum of forty dollars ($40.00) for the issuance of a cremation certificate. Upon receiving the certificate, the registrar of vital statistics shall issue a permit for the cremation of the dead body; except that, when the cremation certificate is issued in a jurisdiction other than that where the person died, the registrar of vital statistics shall ascertain from the original removal permit that the certificates required by the statutes of the territory have been received and recorded, that the body has been prepared in accordance with this title and that the entry regarding the place of disposal is correct. (c) Whenever the registrar finds that the place of disposal is incorrect, he shall issue a corrected removal permit and, after inscribing and recording the original permit in the manner prescribed herein, shall then immediately give written notice to the registrar for the jurisdiction where the death occurred of the change in place of disposal, stating the name and place of the crematory and the date of cremation. Such written notice shall be sufficient authorization to correct these items on the original certificate of death. No dead body shall be cremated until at least forty-eight hours after death, unless the death was the result of a communicable disease, and no dead body shall be received by any crematory unless accompanied by the permit provided for in this section. The fee for a cremation permit shall be twenty dollars and for the written notice five dollars. The Department of Health shall provide forms for the permits, which shall not be the same as for regular burial permits, and any blanks and books as may be required by the Registrar of Vital Statistics. History: Added Sept. 14, 1999, No. 6291, § 1, Sess. L. 1999, p. 77.

Any person who makes any false statement in procuring any permit required by this chapter, or who removes any dead body from this Territory for the purpose of cremation upon an ordinary removal permit, or who violates any provision of this chapter, upon conviction shall be fined not more than five thousand dollars, or imprisoned not more than five years. History: Added Sept. 14, 1999, No. 6291, § 1, Sess. L. 1999, p. 77.

The Commissioner of Public Works shall have jurisdiction over all public cemeteries. He shall appoint personnel of the Department of Public Works to supervise, manage and maintain all such cemeteries. The Commissioner shall cause to be installed in all public cemeteries an electrical lighting system. Telephones shall be installed in all public cemeteries for the use of supervisory and maintenance personnel. History: Amended Apr. 14, 1971, No. 2979, Sess. L. 1971, p. 93.

The Commissioner of Public Works shall by regulations approved by the Governor, not inconsistent with any laws, provide for the establishment, maintenance, and improvement of public cemeteries in the Virgin Islands, and for the procedure governing their operation. Such regulations shall govern the- (1) laying out of grave plots, and the digging and making up of graves; (2) interment in graves and vaults; (3) maintenance of graves; (4) fees, charges, and means of defraying expenses for grave plots, burials, and maintenance of graves; (5) keeping of records of burials and maps of graves and grave plots; and (6) such other matters as may be incident to the operation and maintenance of cemeteries.

(a) There is established in the Treasury of the Virgin Islands a special fund designated the "Public Cemetery Revolving Fund" and a separate and distinct fund administered by the Commissioner of Finance. The Fund consists of all monies collected from fees paid for the burial of persons in the territory's public cemeteries. (b) Money in the Fund is disbursed at the request of the Commissioner of the Department of Public Works, and must be used for the purchasing of burial placards, tomb construction, operation and maintenance of the public cemeteries by the Department of Public Works. History: Added June 16, 2007, No. 6929, § 11, Sess. L. 2007, p. 51.

This subchapter may be cited as "Virgin Islands Cemetery Act". History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 345.

The provisions of this subchapter shall apply to all persons engaged in the business of operating a cemetery as defined herein, except cemeteries owned and operated by governmental agencies or churches. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 345.

As used in this subchapter: (1) "Persons" means an individual, corporation, partnership, joint venture, or association. (2) "Human remains" or "remains" means the bodies of deceased persons, and includes the bodies in any stage of decomposition, and cremated remains. (3) "Cemetery" means any one or a combination of more than one, of the following, in a place used or to be used, and dedicated or designated, for cemetery purposes: (a) A burial park, for earth interment. (b) A mausoleum. (c) A columbarium. (4) "Mausoleum" means a structure or building substantially exposed above ground intended to be used for the entombment of remains of a deceased person. (5) "Columbarium" means a structure or building substantially exposed above ground intended to be used for the inurnment of the cremated remains of a deceased person. (6) "Cemetery company" means an individual, partnership, corporation, or association, now or hereafter organized, owning and controlling cemetery lands or property and conducting the business of a cemetery. (7) "Grave space" means a space of ground in a cemetery intended to be used for the interment in the ground of the remains of a deceased person. (8) "Commissioner" means the Commissioner of Public Works. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 345.

(a) No person shall engage in the business of operating a cemetery company except as authorized by this subchapter, and without first obtaining a license from the Commissioner. (b) A written application for authority to organize a cemetery shall be filed with the Commissioner and said application shall be in such form and contain such information as the Commissioner shall reasonably require, and shall be accompanied by an initial filing fee of $100.00. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 346.

In any case where a person, a group of persons, or a corporation proposes to purchase or acquire control of an existing cemetery company either by purchasing the outstanding capital stock of any cemetery company, or the interest of the owner or owners, and thereby to change the control of said cemetery company, such person shall first make application to the Commissioner for a certificate of approval of such proposed change of control of said cemetery company and said application shall contain the name and address of the proposed new owners and the Commissioner shall issue said certificate of approval only after he has become satisfied that the proposed new owners are qualified by character, experience and financial responsibility to control and operate the said cemetery company in a legal and proper manner, and that the interest of the public generally will not be jeopardized by the proposed change in ownership and management. Such application for a purchase or change of control must be accompanied by an initial filing or investigation fee of $50.00. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 346.

(a) In addition to other powers conferred by this subchapter, the Commissioner shall have the power to: (1) Formulate and promulgate reasonable rules and regulations governing the operation of cemetery companies doing business in the Virgin Islands, which shall have the force and effect of law and he shall have the power to enforce same. (2) Restrict or prohibit the sale or rental of space where the Commissioner finds it necessary in the public interest. (3) Investigate upon his own initiative, or upon a verified complaint in writing, the actions of any person engaged in the business or acting in the capacity of a licensee under this subchapter, within the Virgin Islands. The license of a licensee may be revoked or suspended for a period not exceeding two (2) years, or until compliance with a lawful order imposed in the final order of suspension, or both, upon a finding of facts showing that the licensee has either failed to: (a) Pay the fees required herein, (b) Make any reports so required by this subchapter, (c) Remit to the care and maintenance fund the required amounts, or (d) Abide by any other regulations promulgated by the Commissioner. (b) No license shall be suspended or revoked except after a hearing. The Commissioner shall give the licensee at least ten (10) days written notice, in the form of an order to show cause, of the time and place of such hearing by registered or certified mail addressed to the principal place of business in the Virgin Islands of such licensee. The said notice shall contain the grounds of complaint against the licensee. (c) Any order suspending or revoking such license shall recite the grounds upon which the same is based. The orders shall be entered upon the records of the Department of Public Safety and shall not be effective until thirty (30) days after a copy of such order of suspension or revocation has been, by registered or certified mail, furnished to the licensee at such principal place of business. (d) Any person aggrieved by an order issued by the Commissioner suspending or revoking his license may apply for a review thereof by filing a petition for review in the District Court of the Virgin Islands within 15 days following the issuance of such order. (e) At such time as the Commissioner finds it necessary, he may: (1) Bring an action in the name of the Government of the Virgin Islands District Court against such person to enjoin such person from engaging in or continuing such violation or doing any act or acts in violation of this subchapter. In any such action, an order or judgment may be entered awarding such temporary or permanent injunction as may be deemed proper; provided that before any such action is brought the Commissioner shall give the cemetery at least twenty (20) days notice in writing stating the alleged violation and giving the cemetery an opportunity within the twenty (20) day period to cure the violation. (2) In addition to all other means provided by law for the enforcement of a temporary restraining order, temporary injunction, or permanent injunction the District Court shall have the power and jurisdiction to impound and to appoint a receiver for the property and business of the defendant, including books, papers, documents, and records appertaining thereto or so much thereof as the Court may deem reasonably necessary to prevent further violation of this chapter through or by means of the use of said property and business. (3) The Commissioner may institute proceedings against the cemetery or its officers, where after an examination, pursuant to the subchapter, a shortage in the care and maintenance trust fund is discovered, to recover said shortage. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 346. amended June 15, 1984, No. 4964, § 1(b), Sess. L. p. 177.

A record shall be kept of every burial in the cemetery of a cemetery company, showing the date of burial, name of the person buried, together with lot, plot, and space in which such burial was made therein. All sales, trust fund, accounting records, and all other accounting records of the licensee shall be available at the licensee's principal place of business in the Virgin Islands and shall be readily available at all reasonable times for examination by an authorized representative of the Commissioner. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 348.

Upon receipt of application for authority under sections 2008 and 2009 of this subchapter, the Commissioner shall investigate the following: (1) Character, reputation, financial standing, business qualifications, and motives of the proponents. (2) The need for a cemetery in the area to be located, giving consideration to the adequacy of existing facilities and the need for further facilities in the area to be served. (3) The proposed financial structure. (4) Zoning approval. This requirement extends to include extensions of boundaries. (5) Suitability of property for cemetery use. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 348.

If the Commissioner finds that the proposed cemetery company has in good faith complied with all lawful requirements, he shall, within thirty (30) days, issue a certificate of authorization to transact a cemetery business. This authorization shall be valid for a period of six (6) months and if said cemetery company has not begun operations within that time, shall become null and void. Provisions for an additional period of not to exceed six (6) months may be obtained upon written application to the Commissioner, showing good cause for extension. The six (6) months authorization or additional period, shall begin as of the date the Commissioner issues the certificate of authorization or the extension of this authorization. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 348.

Commissioner For Noncompliance No cemetery company shall be permitted to establish, or operate if already established, a cemetery without providing for the future care and maintenance of such cemetery, for which a trust fund shall be established, to be known as the "care and maintenance trust fund of .................... (here use name of licensee)." Such trust fund shall be established with a territorial or national bank holding trust powers under the provisions of the Banking Law provided, that the cemetery company may appoint an individual or committee of two (2) or more individuals to act in an advisory capacity with the trustee in the investment of the trust fund, and provided further, that a cemetery company, with the consent of the Commissioner may change trustee of trust fund. If any cemetery company refuses or otherwise fails to provide or maintain an adequate care and maintenance trust fund in accordance with the provisions of this part, the Commissioner after reasonable notice, shall proceed to enforce compliance under the powers vested in him under this subchapter. The trust fund agreement shall contain and include the following: name, location, and address of both the licensee and the trustee showing the date of agreement together with the percentages required deposited as stated in section 2015. No person shall withdraw or transfer any portion of the corpus of the care and maintenance trust fund without first obtaining written consent from the Commissioner. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 349.

At the time of making a sale or receiving the initial deposit hereunder, the cemetery company shall deliver to the person to whom such sale is made, or who makes such deposit, an instrument in writing which shall specifically state that the net income of the care and maintenance trust fund shall be used solely for the care and maintenance of the cemetery, for reasonable costs of administering such care and maintenance and for reasonable costs of administering the trust fund. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 349.

Deposited (a) There shall be set aside and deposited in the care and maintenance trust fund by the cemetery company, the following percentages for all burial rights sold, which percentage shall apply to: (1) All such payments received until such time as the amount of the corpus of such trust fund equals the sum of $15,000.00 and thereafter. (2) All such sums received from completed sales only exclusive of such sums on which deposits had previously been made (1) of this subsection: A. For graves ten (10) percent of all payments received; Provided, however, That no such deposit shall be less than $10.00. B. For mausoleum or columbarium, ten (10) percent of payments received. C. For general endowments care and maintenance of the cemetery, the full amount of sums received. D. For special endowments for a specific lot, grave, or a family mausoleum, memorial marker, or monument, the cemetery may set aside the full amounts received for this individual special care in a separate trust or by a deposit to a savings account in a bank or savings and loan association located within and authorized to do business in the Virgin Islands, provided, however, if the licensee does not set up a separate trust or savings account for the special endowment the full amount thereof shall be deposited into the care and maintenance trust fund as required of general endowments. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 350.

Within ninety (90) days after the end of the calendar or fiscal year of the cemetery company, the trustee shall furnish adequate financial reports with respect to the care fund on forms provided by the Commissioner; Provided, however, the Commissioner may require the trustee to make such additional financial reports as he may deem advisable. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 350.

The Commissioner shall require each cemetery company to submit a report of its condition, on forms provided by the Commissioner, as of such date as he may fix, at least once each calendar or fiscal year, or as often as he may order, and such report shall be submitted within ninety (90) days after the end of the calendar or fiscal year or other reporting period as the case may be. Should the report not be received within the stipulated time, the Commissioner shall collect a penalty of five dollars per day for each day of delinquency; Provided, That upon application to the Commissioner prior to the expiration of the ninety (90) days, and for good cause shown, the Commissioner may grant a reasonable extension of the ninety (90) day period. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 351.

The Commissioner shall collect from every cemetery company operating under the provisions of this chapter, an annual license fee based on receipts from the sale of cemetery spaces during the preceding twelve month fiscal period. On receipts under $25,000 the fee shall be $50 per annum; at least $25,000 but under $100,000 the fee shall be $100 per annum; $100,000 and over the fee shall be $150 per annum. Applications for such license must be submitted on or before December 31 each and every year in the case of an existing cemetery company and before any sale of cemetery property in the case of a new cemetery company or a change of ownership or control as indicated in section 2009. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 351; amended Nov. 7, 1983, No. 4877, § 310(f) (2), Sess. L. 1983, p. 240.

No license issued under section 2019 of this subchapter shall be transferable or assignable and no licensee shall develop or operate any cemetery authorized by this subchapter under any name or at any location other than that contained in the application for such license. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 351.

(a) Each licensee shall set aside a minimum of five (5) acres of land for use by said licensee as a cemetery, and shall not sell, mortgage, lease or encumber the same without prior written approval of the Commissioner. (b) The fee simple title, or lesser estate, in any lands owned by licensee and dedicated for use by it as a cemetery, which are contiguous, adjoining or adjacent to the minimum of five (5) acres described in subsection (1) may be sold, conveyed, or disposed of, or any part thereof, by the licensee, for use by the new owner for other purposes than as a cemetery; Provided, That all of the bodies which have been previously interred therein have been removed from the lands so proposed to be sold, conveyed, or disposed of; And provided further, That any and all titles, interests, or burial rights, which may have been sold or contracted to be sold in such lands which are the subject of such sale, shall be conveyed to and re- vested in the licensee prior to consummation of any such sale, conveyance, or disposition. (c) Any licensee may convey and transfer to the Government its real and personal property, together with moneys deposited with the trustee; Provided the Government will accept responsibility for maintenance thereof, and prior written approval of the Commissioner is first obtained. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 351.

(a) A bond shall be required of every licensee after ninety (90) days under the following circumstances: (1) Where, after an official examination of said licensee, a deficit in the care and maintenance trust fund, as required by section 2014 of this subchapter was established by the Commissioner or his authorized representative, and the deficit in the trust fund has not been corrected and approved by the Commissioner within 30 days after the Commissioner has notified the cemetery company of said deficit. (2) Upon the transfer of control of any licensee cemetery company in compliance with section 2009 of this subchapter; Provided, however, should the Commissioner required investigation reveal that a change of control is to one or a majority of existing officers or stockholders, and the operation of the licensee cemetery company has been operating in compliance with this chapter, the Commissioner in his discretion may waive the necessity for such bond. (3) Upon the licensing of a new licensee cemetery company under this subchapter and for a period of five years after commencing operations, a bond in the amount of $5,000.00. The Legislature intent being to insure the required contributions into the care and maintenance trust fund until such time as the licensee has developed into an operating concern. (b) Where a bond is required in accordance with this subchapter the amount of said bond shall be based on ten (10) percent of the gross sales from the sale of cemetery spaces in the preceding year, but in no event shall the amount of the bond exceed $25,000.00 except as herein provided. (c) The bond shall run for one year and be renewed on the 31st day of December. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 352.

The surety bond required by all licensees under this subchapter shall be in the following form: "Territory of the Virgin Islands" KNOW ALL MEN BY THESE PRESENTS, That ____________________ of the Virgin Islands, having a place of business in ____________________, Virgin Islands, as principal, and the ____________________ of ____________________, and authorized to conduct and carry on a general surety business in the Virgin Islands, as surety, are held and firmly bound unto ____________________, Government of the Virgin Islands, in the sum of (____________________ thousand dollars) (____________________) lawful money of the United States of America for the payment whereof well and truly to be made, subject to the terms and provisions hereinafter set forth, the said principal and the said surety bind themselves, their successors and assigns, executors and administrators, jointly and severally, firmly by these presents. Signed and Sealed this ____________________ day of ____________________ AD ____________________ THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS the Commissioner of Public Works under the provisions of subchapter II of chapter 59B of Title 19, Virgin Islands Code, has licensed the said ____________________, principal herein named as a cemetery company operating in the Virgin Islands to wit: ____________________. AND WHEREAS the said cemetery company is authorized by said laws to appoint salesmen to represent and assist said cemetery company in its operation pursuant to said subchapter II. PROVIDED HOWEVER, AND UPON THE FOLLOWING EXPRESS CONDITIONS: Provided always that nothing herein shall be construed to make the total maximum liability hereunder of the above named principal or surety more than $25,000.00 regardless of the number of acts of omission or commission of the above named principal or its salesmen. PROVIDED FURTHER, that the liability of the surety on this bond is limited to actual cases of fraud or dishonesty committed by the principal or its salesmen in failing to maintain the care and maintenance trust fund as required by said subchapter II. PROVIDED FURTHER, that no proceedings or action to recover for the loss or losses hereunder shall be brought after the expiration of three years from discovery. In the event the herein bond shall be replaced by any other satisfactory bond and obligation hereunder shall be terminated upon the effective date of said replacement bond without regard to the sixty (60) days notice provision contained hereafter. PROVIDED FURTHER, that either the principal or the surety may cancel this bond as an entirety by giving sixty (60) days written notice to the Commissioner of Public Works at Charlotte Amalie, St. Thomas, Virgin Islands, and if canceled by the surety a copy of said notice of cancellation shall be sent by registered mail to the principal hereunder. Said notice to the Commissioner shall also be sent by registered mail. In case of such cancellation by either the principal or the surety no further obligation shall be incurred under this bond after the expiration of said sixty (60) days, but the liability of the principal and surety shall apply as above set out as to any acts or omissions which may have occurred prior to the effective date of such cancellation. The period for which this bond shall remain in force and effect, unless previously canceled as hereinabove provided for shall be from the date of issuance through December 31 of that year, at the expiration of which it shall cease and terminate as to all future transactions only. Which bond shall be duly executed in accordance with all laws governing surety bonds executed by surety companies under the laws of the Virgin Islands. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 353.

Any person violating a provision of the subchapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500.00 or imprisonment for a term of not more than six months, or both, such fine and imprisonment in the discretion of the court, and each violation of this chapter shall constitute a separate offense. History: Added Nov. 15, 1971, No. 3118, Sess. L. 1971, p. 354.

Remains of deceased persons may be taken by boat from any harbor in this territory, or, if cremated, may be taken by boat or by air, for burial at sea at a point not less than ten miles from the nearest shoreline. Cremated remains shall be removed from their container before such remains are buried at sea. History: Added Mar. 19, 1984, No. 4909, § 2, Sess. L. 1984, p. 74.

It is found and declared that there exist in the Virgin Islands dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions including those set forth in section 2033(f) of this title, rendering such dwellings unsafe or insanitary, or dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of the Virgin Islands and of the communities of the Virgin Islands. History: Added June 17, 1958, No. 316, § 2, Sess. L. 1958, p. 81.

Power is conferred upon the Government of the Virgin Islands to require or cause the repair, closing or removal of such structures in the manner provided in this chapter. For this purpose and other governmental purposes, the Commissioner of Public Works or his designated representative (hereinafter referred to in this chapter as the Commissioner) is authorized and empowered to exercise the powers prescribed by this section. As used in this chapter the word "dwelling" shall mean any building, or structure or part thereof used and occupied for human habitation or intended to be so used, and includes any appurtenances belonging thereto or usually enjoyed therewith. History: Added June 17, 1958, No. 316, § 2, Sess. L. 1958, p. 81.

(a) Whenever a petition is filed with the Commissioner by the Commissioner of Housing and Community Renewal or his designee or by at least 25 residents of a community wherein the dwelling is located charging that any dwelling is unfit for human habitation, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record, and all parties in interest in such dwelling (including persons in possession), a complaint stating the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the Commissioner or his designated agent at a place therein fixed not less than ten days nor more than thirty days after serving of said complaint; that the owner, mortgagee and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in the hearings. (b) If, after such notice and hearing, the Commissioner determines that the dwelling under consideration is unfit for human habitation he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order which- (1) if the repair, alteration or improvement of said dwelling can be made at a reasonable cost in relation to the value of the dwelling, requires the owner, within the time specified in the order, to repair, alter, or improve such dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or (2) if the repair, alteration or improvement of the said dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, requires the owner, within the time specified in the order, to remove or demolish such dwelling. (c) Where the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the Commissioner may cause such dwelling to be repaired, altered or improved, or to be vacated and closed. (d) Where the owner fails to comply with an order to remove or demolish the dwelling, the Commissioner may cause such dwelling to be removed or demolished at the expense of the Government of the Virgin Islands. Any material salvaged from such removal or demolition shall remain the property of the owner. (e) The amount of the cost of such repairs, alterations or improvements by the Commissioner shall be a lien against the real property upon which such cost was incurred and such lien may be foreclosed in judicial proceedings in the manner provided or authorized by law for loans secured by liens on real property. (f) The Commissioner may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health, safety or morals of the occupants of such dwellings, the occupants of neighboring dwellings or other residents of the community, or which have a blighting influence on properties in the area. Such conditions may include the following without limitation: defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness; overcrowding; inadequate ingress and egress; inadequate drainage; or any violation of health, fire, building or zoning regulations; or any other laws or regulations relating to the use of land and the use and occupancy of buildings and improvements. (g) Complaints or orders, issued by a Commissioner pursuant to this chapter, shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Commissioner in the exercise of reasonable diligence, and the Commissioner shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two consecutive weeks in a newspaper printed and published in the Virgin Islands and circulating in the community in which the dwellings are located. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed in the office of record where other lis pendens notices provided by law are filed and shall have the same force and effect. (h) Any person affected by an order issued by the Commissioner may petition a court of competent jurisdiction for an injunction restraining the Commissioner from carrying out the provisions of the order, and the court may, upon such petition, issue a temporary injunction restraining the Commissioner pending the final disposition of the cause: Provided, however, that within sixty days after the posting and service of the order of the Commissioner, such person shall petition the court. Hearing shall be had by the court on such petition within twenty days, or as soon thereafter as possible, and shall be given preference over other matters on the court's calendar. The court shall hear and determine the issues raised and shall enter a final order or decree in the proceeding. In all such proceedings the findings of the Commissioner as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies provided in this subsection shall be exclusive remedies and no person affected by an order of the Commissioner shall be entitled to recover any damages for action taken pursuant to any order of the Commissioner, or because of compliance by such person with any order of the Commissioner. History: Added June 17, 1958, No. 316, § 2, Sess. L. 1958, p. 81; June 18, 1962, No. 903, § 3, Sess. L. 1962, p. 193.

The Commissioner may exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others granted in this chapter: (1) to investigate the dwelling conditions in the communities in order to determine which dwellings therein are unfit for human habitation; (2) to administer oaths, affirmations, examine witnesses and receive evidence; (3) to enter upon premises for the purpose of making examinations: Provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; (4) to appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of this chapter; and (5) to delegate any of his functions and powers hereunder to such officers, agents, and employees as he may designate. History: Added June 17, 1958, No. 316, § 2, Sess. L. 1958, p. 81.

(1) The determination of "reasonable cost" as such term is used in clauses (1) and (2) of section 2033(b) of this title shall be made in each case by the Commissioner based upon expert testimony respecting the value and repair of the dwelling under consideration. History: Added June 17, 1958, No. 316, § 2, Sess. L. 1958, p. 81.

The Commissioner shall, with respect to those areas designated by the Legislature as urban renewal areas, work closely with and cooperate with the Virgin Islands Housing Finance Authority in achieving its objectives in the urban renewal area and shall coordinate his activities with those of the Virgin Islands Housing Finance Authority; the Commissioner shall further give his aid and assistance in the formulation and carrying out of the workable programs authorized by section 153 of Title 29. History: Added June 17, 1958, No. 316, § 2, Sess. L. 1958, p. 81; amended June 18, 1962, No. 903, § 4, Sess. L. 1962, p. 193; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

The Commissioner, as soon as possible after appointment and designation, shall prepare an estimate of the annual expense or costs to provide the equipment, personnel and supplies necessary for periodic examinations and investigations of dwellings in the communities of the Virgin Islands for the purpose of determining the fitness of such dwellings for human habitation, and for the administration and enforcement of this chapter. History: Added June 17, 1958, No. 316, § 2, Sess. L. 1958, p. 81.

Nothing in this chapter shall be construed to abrogate or impair the powers of the courts or of any department, bureau or agency of the Government of the Virgin Islands, or any political subdivision thereof, to enforce any provisions of local codes or regulations, nor to prevent or punish violations thereof; and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law. History: Added June 17, 1958, No. 316, § 2, Sess. L. 1958, p. 81.

Nothing in this chapter shall be construed to impair or limit in any way the power of the Government of the Virgin Islands or of any political subdivisions thereof to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. History: Added June 17, 1958, No. 316, § 2, Sess. L. 1958, p. 81.

The following words, terms and phrases have the following meanings: (a) "Authorized emergency vehicle" means a vehicle equipped with a siren, exhaust whistle or bell necessary to warn other vehicle operators or pedestrians of the approach of the emergency vehicle, including an ambulance, police or fire service vehicle, and vehicles of the Water and Power Authority, the Department of Public Works, the Territorial Emergency Management Agency and such other vehicles that may be so designated by the Police Commissioner when these vehicles are being used in actual emergencies. (b) "Construction activity" means all activity incidental to the erection, demolition, assembling, altering, installation or equipping of buildings, structures, roads, or appurtenances thereof, including land clearing, grading, excavating, and filling. (c) "Day" means the whole or any part of a 24-hour period from midnight to midnight. (d) "Daytime" means the hours 7:00 a.m. to 6:59 p.m. (e) "dBA" refers to sound levels measured on the "A" scale of a standard sound level meter. "dB" means decibel, a unit used to measure the level of sound. (f) "Emergency" means any occurrence or set of circumstances involving actual or imminent physical harm or property damage which demands immediate action. (g) "Enforcement Officer" means a police officer, law enforcement officer, or an employee or agent of any department authorized to enforce this statute. (h) "Indoor sound amplification device" means any equipment or machine used for the magnification of speech, music, or other sound within any roofed structure having more than fifty percent of its floor plan enclosed by walls. (i) "Motor vehicle" means any vehicle that is propelled or drawn on land by a motor, such as, passenger cars, trucks, truck-trailers, semi-trailers, go-carts, dune buggies, or racing vehicle, but the term does not include motorcycles. (j) "Motorcycle" means any unenclosed motor vehicle having two, three or four wheels in contact with the ground, including, but not limited to, motor scooters and minibikes. (k) "Nighttime" means the hours from 7:00 p.m. to 6:59 a.m. (l) "Noise" means sound, created, or controlled by human activity, from one or more sources, that is heard by an individual. It is sound that an individual does not wish to hear and that may exceed the noise requirements set forth in this chapter. (m) "Noise disturbance" means any sound that exceeds the sounds levels at the distances prescribed in this chapter. (n) "Noise sensitive zone" means existing quiet zones, if any, and those areas containing noise sensitive activities including, but not limited to, operations of schools, libraries open to the public, houses of worship, hospitals, and nursing homes. (o) "Outdoor sound amplification device" means any equipment or machine used for the out-of-doors magnification of speech, music, or other sound. (p) "Person" means any natural person, individual, public, or private corporation, firm, association, joint venture, partnership, governmental agency, political subdivision, public officer or any other entity or any combination of entities, jointly or severally. (q) "Residential zone" means all those districts zoned for residential uses. (r) "Sound level" means the A-weighted sound pressure level measured with fast response using an instrument complying with the specifications for sound level meters of the American National Standards, Inc. (s) "Sound level meter" means an instrument that includes a microphone, an amplifier, an output meter, and frequency weighing networks for the measurement of noise and sound levels. (t) "Sound-producing device" means any equipment or machine used for the production or reproduction of speech, music, or other sound, including radios, television, phonographs, tape players, musical instruments, compact disc or tape cassette players, walkie-talkies, CD radios or synthesizers. (u) "Soundproof" means to insulate so as to obstruct the passage of sound. (v) "Source" means any person, installation, device, or animal causing or contributing to noise. (w) "Watercraft" means any boat or craft, including a vessel, used or capable of being used as a means of transport on water. History: Added Oct. 4, 2007, No. 6930, § 2, Sess. L. 2007, p. 59; amended Apr. 7, 2010, No. 7163, § 1(a), Sess. L. 2010, p. 54; amended Jan. 19, 2023, No. 8682, § 1, Sess. L. 2022, p. 375-377.

(a) It is unlawful- (1) to operate a sound-producing device that creates a noise disturbance; (2) to operate or cause to be operated an indoor or outdoor sound amplification device that creates a noise disturbance; (3) to sell anything by using a sound producing device within a residential zone or within 500 feet of a residential zone such that it creates a noise disturbance; (4) to cause or permit any motor vehicle, other than a motorcycle, with a maximum gross weight of 10,000 pounds or less to operate on a public right-of-way where the muffler or exhaust generates a sound that is plainly audible to another individual at a distance of 150 feet or more from the motor vehicle; (5) to cause or permit any motorcycle to operate on a public right-of-way where the muffler or exhaust generates a sound that is plainly audible to another individual at a distance of 200 feet or more from the motorcycle; (6) to operate a bar or tavern, or any other mobile floating commercial establishment, within 500 feet of a residential area such that it creates a noise disturbance; (7) to operate power-driven machinery, including lawn mowers, edgers, trimmers, or shears in a residential zone or within 500 feet of a residential zone between 8:00 p.m. and 7 a.m. such that it creates a noise disturbance; (8) to load, unload, pack or unpack crates, boxes, or containers on any vehicle within a residential zone or within 500 feet of a residential zone between 8:00 p.m. and 7 a.m. such that it creates a noise disturbance; (9) to create a noise disturbance by repairing, rebuilding, modifying, or testing a motor vehicle or watercraft within a residential zone or within 500 feet of a residential zone between 8:00 p.m. and 7 a.m.; (10) to operate or permit to be operated a watercraft in the waters of the Virgin Islands which emits sound greater than 90 dBA at a distance of 50 feet from the vessel; (11) for any person, by himself or by the operation of any instrument, agency, or vehicle to make any sound that is plainly audible at a distance from 100 feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, aged, or any school or institution of learning, or house of worship while the facility is in use; (12) for any person owning, occupying, or having charge of any building or premises or any part thereof, where the noise or music is plainly audible at a distance of 100 feet from the building, structure, vehicle, or premises in which it is produced, at any time to cause or suffer or allow: (A) any loud, unnecessary, excessive, or unusual noises in the operation of any radio, phonograph or other mechanical sound-making device or instrument or reproducing device; or (B) instrument, or in the playing or amplification of any band, orchestra, musician, or group of musicians; (13) to operate any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver's clear view through the windshield or side windows or prohibits the windows from closing; this provision does not apply to window tinting; or (14) to operate any motor vehicle on public roadways with audio speakers facing outward from the windows of the vehicle. (b) The fact that the noise or music is exceeding sound standards enumerated in section 2042a measured in 30-second readings using decibel meters at the curb or property line closest to the sound source, or at a distance of 100 feet from the vehicle from which it originates constitutes proof of a violation of this chapter. (c) The characteristics and conditions that must be considered in determining whether a violation of this section has been committed include, but are not limited to, the following: (1) The level of noise; (2) Whether the nature of the noise is usual or unusual; (3) Whether the origin of the noise is natural or unnatural; (4) The ambient noise level; (5) The proximity of the noise to a place where someone sleeps; (6) The nature and zoning of the area within which the noise emanates and where it is received; (7) The time of day the noise occurs; (8) The duration of the noise; and (9) Whether the noise is recurrent, intermittent, or constant. (d) A vehicle sound system competition group or club may exceed the daytime limits established in subsection (b) in a suitable space in an area that is zoned for industrial use for the purposes of vehicle audio testing, subject to location approval of the Virgin Islands Police Department. The Virgin Islands Police Department shall promulgate regulations for operation and access. History: Added Oct. 4, 2007, No. 6930, § 2, Sess. L. 2007, p. 61; amended Apr. 7, 2010, No. 7163, § 1(b), Sess. L. 2010, pp. 54, 55; amended Jan. 19, 2023, No. 8682, § 1, Sess. L. 2022, p. 377-379.

(a) Sound standards for noise or music emanating from a business establishment are as provided in paragraphs (1) through (3): (1) Sunday through Thursday, 7:00 a.m. to 12:00 midnight - 80 decibels; (2) Sunday through Thursday, 12:00 midnight to 7:00 a.m. - 65 decibels; and (3) Friday and Saturday, 7:00 a.m. to 2:00 a.m. - 90 decibels. (b) (1) Except as otherwise provided in chapter, a person may not cause or permit noise levels that exceed the following levels: Maximum Allowable Noise Levels (dBA) for Receiving Noise Areas Property Use Daytime Nighttime Residential 65 60 Agricultural, commercial, or industrial 75 75 (2) Sound that crosses between residential and non-residential areas may not exceed the levels set in paragraph (1) for residential noise areas. History: Added Jan. 19, 2023, No. 8682, § 1, Sess. L. 2022, p. 379.

(a) All owners of nightclubs, taverns, or bars within 100 feet of any church, school, or residential zoning district shall make all practical modifications to reduce sound that constitutes a noise disturbance or exceeds the noise limit as provided in section 2042a. (b) Any owner or operator of a nightclub, tavern, or bar not in compliance with this section is subject to the penalties enumerated in section 2044. (c) Notwithstanding anything to the contrary in this chapter, after 11:00 p.m. and before 7:00 a.m., all owners of nightclubs, taverns, or bars may not make, cause or permit to be made, or caused continuous or non-continuous noise or sound from live entertainment that exceeds a rating of 90 decibels (90dBA) over a three minute time period on an approved sound meter when measured within the establishment at a distance of 100 feet. from the source. History: Added Oct. 4, 2007, No. 6930, § 2, Sess. L. 2007, p. 62; amended Jan. 19, 2023, No. 8682, § 1, Sess. L. 2022, p. 379, 380.

(a) The Virgin Islands Police Department, the Virgin Islands Department of Licensing and Consumer Affairs, and the Virgin Islands Department of Health may investigate any possible violations of this chapter. (b) To determine whether violation of this chapter has taken place, the Virgin Islands Police Officers, the Virgin Islands Department of Licensing and Consumer Affairs enforcement officers, or the Virgin Islands Department of Health shall use a sound level meter to determine whether a sound constitutes a noise disturbance or exceeds the sound level permitted for certain acts as provided in section 2042a of this chapter. The sound level meter must be calibrated annually according to industry standards. In the absence of calibrated sound level meters, Virgin Islands police officers and the Virgin Islands Department of Licensing and Consumer Affairs enforcement officers and the Virgin Islands Department of Health may use an average of two different mobile telephone applications to determine decibel levels for the purposes of issuing warnings. (c) Any person who refuses to submit to a sound level test when requested to do so by a law enforcement officer is guilty of a civil offense punishable by a fine of $250. (d) Any person found to have violated section 2042 of this chapter is guilty of a civil offense punishable by a fine of $500. (e) Any person who owns, has charge of, or, where applicable, occupies a building in which a sound, or sounds emanate that constitute a noise disturbance or exceed the noise limit as provided in section 2042a of this chapter is subject to a fine of $500 for that violation and each subsequent violation. (f) The owner of any business at which a sound or sounds emanate that constitute a noise disturbance or exceed the noise limit as provided in section 2042a is subject to a $500 fine for the first violation, and a $1,000 fine for the second and each violation thereafter. The Department of Licensing and Consumer Affairs, in addition to imposing a fine of $1,000, shall call the person before the Department of Licensing and Consumer Affairs to show cause why the person's business license should not be suspended or revoked. (g) All enforcement officers may issue a warning for a first violation of this chapter by an individual or business entity. (h) All fines collected under this chapter must be remitted to the Commissioner of Finance and covered into the Consumer Protection Fund within the Treasury of the Government of the Virgin Islands. (i) All fines authorized under this chapter may be assessed by any of the three enforcement agencies. Violators are entitled to an administrative hearing pursuant to regulations applicable to administrative hearings conducted by the Department of Licensing and Consumer Affairs. (j) The Attorney General may seek civil remedies, including an injunction to prevent or abate violations of this chapter. (k) The Virgin Islands Police Department shall coordinate the noise complaint response by all agencies charged with regulating noise under this chapter. All departments and agencies charged with responsibility for responding to noise complaints shall cooperate and share information with the Virgin Islands Police Department in tracking and monitoring complaint responses. (l) The Virgin Islands Police Department shall designate a Noise Prevention and Control Officer to coordinate the responsibilities of the Department of Health, Department of Licensing and Consumer Affairs, and the Department of Planning and Natural Resources under this chapter with respect to noise. History: Added Oct. 4, 2007, No. 6930, § 2, Sess. L. 2007, p. 62; amended Apr. 7, 2010, No. 7163, § 2, Sess. L. 2010, p. 55; amended Jan. 19, 2023, No. 8682, § 1, Sess. L. 2022, p. 380, 381.

Any person who suffers actual damage as a result of violation of this chapter committed by any other person may bring an action against the person under this chapter and may bring any other common law or statutory causes of action. The court may award actual economic damages or any other relief that the court considers proper. History: Added Oct. 4, 2007, No. 6930, § 2, Sess. L. 2007, p. 63.

(a) This chapter does not apply to sounds emanating from the following sources or causes: (1) aircraft and airport activity conducted in accordance with federal laws and regulations; (2) authorized emergency vehicles; (3) maintenance of public service facilities; (4) law enforcement and public safety activities, including training; (5) operation of a regulated utility; (6) construction activities conducted pursuant to a building permit; (7) collection of solid waste; (8) projects conducted or supervised by the Department of Public works; (9) activities sponsored by or related to the operation of educational institutions on property owned or controlled by the institution; (10) Carnival activities held on St. Thomas, festival activities held on St. Croix, and Celebration activities held on St. John, are subject to a 3:00 a.m. ending time and the imposition by the Police Commissioner or the Police Commissioner's designee of appropriate safeguards as necessary to mitigate the effects of the activity permitted; and (11) Outdoor live music events that have been duly permitted by the Virgin Islands Police Department, subject to a 4:00 a.m. ending time. (b) The Commissioner of Police or the Commissioner's designee may grant a temporary permit to a person desiring to engage in any activity that would violate this chapter. (c) A special permit must be in writing and signed by the Commissioner of Police or the Commissioner's designee and must set forth the name of the person to whom the permit is granted, the location of the activity, and the date and time for which the permit is effective. The Commissioner or his designee may impose appropriate conditions and safeguards as necessary to mitigate the effects of the activity permitted. (d) This chapter does not apply to sounds emanating on the weekend, which includes Friday, Saturday, and Sunday, subject to a 3:00 a.m. ending on Friday and Saturday, and a 12:00 midnight ending time on Sunday. If, however, the day after Sunday is a holiday, then sounds emanating on that Sunday are subject to a 3:00 a.m. ending time. History: Added Oct. 4, 2007, No. 6930, § 2, Sess. L. 2007, p. 63; amended Nov. 24, 2010, No. 7241, § 2, Sess. L. 2010, p. 285; amended Sept. 17, 2012, No. 7409, § 1(a), (b), Sess. L. 2012, p. 280; amended Jan. 19, 2023, No. 8682, § 1, Sess. L. 2022, p. 381, 382.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History: Added Oct. 4, 2007, No. 6930, § 2, Sess. L. 2007, p. 64; amended Jan. 19, 2023, No. 8682, § 1, Sess. L. 2022, p. 382.

The Commissioner of the Virgin Islands Police Department shall promulgate noise control regulations and standards as necessary to accomplish the purposes and intent of this chapter. History: Added Jan. 19, 2023, No. 8682, § 2, Sess. L. 2022, p. 382.

(a) The Commissioner of Agriculture is authorized, in accordance with law, to establish veterinary inspection services for the supervision and control of the admission into and the exportation from the Virgin Islands of animals and animal products from and to other United States territory, to operate animal terminals and depots established by the Government of the Virgin Islands, and to prescribe, with the approval of the Governor, rules and regulations and fees with respect to the foregoing services, terminals or depots. (b) The Commissioner shall designate a Department of Agriculture employee as a "territorial veterinarian". The territorial veterinarian must be a graduate of a recognized college of veterinary medicine, be licensed to practice in this territory, and have a territorial service classification of veterinary medical officer. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 1, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182; May 17, 2006, No. 6836, § 2, Sess. L. 2006, pp. 68, 69.

The Commissioner of Agriculture may issue quarantine regulations to prevent the importation into the Virgin Islands of diseased or infected animals and animal products, including poultry and poultry products, and may issue all necessary regulations for inspection to effect the object herein specified. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 2, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

Whoever violates any of the regulations issued under section 2501 of this title shall be fined not more than $100. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180.

The Legislature hereby finds and declares: (1) that animals straying on public highways and other places private or public, constitute a danger to the public health, safety and convenience, are destructive of property, increase traffic hazards and expose such animals to inhumane suffering; (2) that the general public welfare dictates the exercise of the police power through the application of effective measures for the control of stray animals, consistent with considerations of public health, safety and convenience and with the humane protection of such animals. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 414.

The following terms, wherever used or referred to in this chapter, shall have the following meanings, unless a different meaning clearly appears from the context: (1) "Commissioner" means the Commissioner of Agriculture for the Virgin Islands or any of his duly authorized representatives. (2) "Owner" includes any person owning, keeping or harboring any domestic animal, or leasing any domestic animal from another, or any person who allows a domestic animal habitually to remain about the premises inhabited by such person. (3) "Kennel" means the commercial business of breeding, buying, selling or boarding dogs, on premises used for such business. (4) "Animal shelter" means any premises designated by the Commissioner of Agriculture or his designated agent for the purpose of impounding and caring for animals. (5) "Animal warden" refers to any person designated by the Commissioner of Agriculture as an enforcement officer under this chapter. (6) "Humane society" means a nonprofit corporation organized under the laws of the Virgin Islands as a humane society or a society for the prevention of cruelty to animals. (7) "Baiting" means to attack with violence, to provoke or harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fight with or among other animals. (8) "Potentially dangerous dog" means any dog that without provocation: (a) inflicts bites on a human or domestic animal on public or private property; or (b) chases or approaches a person upon public property in an attitude of attack, or has a known propensity or tendency to attack, or otherwise to threaten the safety of humans or domestic animals. (9) "Dangerous dog" means any dog that according to the records of the animal shelter: (a) has inflicted severe injury without provocation on a human being; (b) has killed, without provocation, a domestic animal in an area other than the owner's property; (c) has been previously found to be potentially dangerous, the owner having received notice of such and the dog again bites, attacks, or endangers the safety of humans or domestic animals; or (d) is owned, harbored, or trained, primarily or in part, for the purpose of dog fighting. (10) "Severe injury" means any physical injury that results in broken bones and/or disfiguring lacerations which require multiple sutures or cosmetic surgery. (11) "Proper enclosure" means while on the owner's property, a dangerous dog shall be securely confined indoors, or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such a pen shall have secure sides and a secure top and shall also provide protection from the elements for the dog. Such pen or structure must have minimum dimensions of five (5) feet by ten (10) feet per dog. If no bottom is secured to the sides, the sides must be imbedded into the ground not less than two (2) feet. (12) "Owner" means any person, firm, corporation, or organization who possesses, harbors, keeps, or has an interest in, or who has control or custody of an animal. If the owner or keeper of a dangerous dog is a minor, the parents or guardians of that minor shall be responsible for compliance with the specifications of this chapter, for the care and housing of the animal and shall also be liable for all injuries and property damage sustained by any person or domestic animal as a result of an attack by the dangerous dog. (13) "Without provocation" or "unprovoked" means that the person bitten or attacked: (a) did not mischievously or carelessly provoke or aggravate the dog; (b) was not committing a willful trespass or other tort upon the premises occupied by the owner of the dog; (c) was not tormenting, abusing, or assaulting the dog; (d) has not in the past been observed or reported to have tormented or abused or assaulted the dog; or (e) was not committing or attempting to commit a crime. (14) "Equipment used for training or handling a fighting dog" means other animals intended to be used as bait, harnesses, treadmills, cages, decoys, pens, houses, feeding apparatuses, training pens, trailers used to transport such dogs and other related devices and equipment. (15) "Equipment used to promote or advertise a dogfight" means any printing presses or similar equipment, any paper, and related items and equipment intended to be used to transport such equipment. (16) "Equipment used to stage a dogfight" means dogfighting arenas, bleachers, spectator stands or other seating, tents, canopies, buildings, fences, cages, speakers, public address systems, portable toilet facilities and any other related equipment. (17) "Fighting dog" means any dog trained, being trained, intended to be used for training, or intended to be used to attack, bite, wound or bait another dog. (18) "Department" means the Department of Agriculture. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 415; amended June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II, p. 45; Dec. 27, 1974, No. 3641, § 1, Sess. L. 1974, p. 267; June 15, 1984, No. 4963, § 1, Sess. L. 1984, p. 176; Dec. 19, 1989, No. 5494, § 1(a), Sess. L. 1989, pp. 161, 162; Nov. 10, 1993, No. 5911, § 2A, Sess. L. 1993, p. 269; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

the Commissioner Except as otherwise specifically provided by law, all laws relating to the control of animals running at large shall be administered by the Commissioner. The Commissioner shall have and may exercise all such powers as may be necessary or appropriate to carry out and effectuate the purposes and provisions of this chapter, including the power to (1) assist and cooperate with humane societies or others engaged or interested in activities for the control and protection of animals; (2) subject to the availability of funds appropriated for such purpose, and with the approval of the Governor, to enter into contracts with humane societies with respect to the seizure, impoundment, shelter and reclaiming or other disposition of animals running at large. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 415.

(a) In exercise of his powers and duties hereunder, the Commissioner may designate agents or employees of the Department of Agriculture, or agents or employees of a humane society, to act as animal wardens for the purpose of enforcing the provisions of this chapter or of any provision law relating to the prevention or prohibition of cruelty to animals. For the purposes of this chapter, or any other applicable provisions of this code, such animal wardens shall be deemed to be peace officers of the Virgin Islands. (b) An animal warden is authorized to interfere to prevent the perpetration of any act of cruelty upon any animal and may use such force as is necessary to prevent the same, and to this end may summon to his aid any bystanders and may make arrests; Provided, That in all cases when acting under the authority of this such subsection, the animal warden must exhibit and expose a suitable badge of such authority, which badge shall be issued by the Commissioner. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 416; amended May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

(a) No person shall own, keep or harbor any dog, three months old or over, unless licensed as provided in this chapter. Written application for such license shall be made to the Commissioner on a form prescribed and furnished by said Commissioner. The application shall state the breed, sex, age, color, and marking of such dog, and the name and address of the applicant; and shall be accompanied by a license fee of five dollars ($5). All licenses shall be void upon the thirtieth day of January of the following year. The Commissioner shall issue with each license a metallic tag. Such tag shall be affixed to a substantial collar. The collar shall be furnished by the owner and with the tag attached, shall at all times be kept on the dog for which the license is issued. (b) It shall be unlawful for any person, except the owner or his authorized agent, animal warden or any other authorized agent of the Department of Agriculture to remove any license tag from a dog collar, or to remove any collar with a license tag attached thereto. (c) In the event that the metallic license tag issued for a dog shall be lost, the owner may obtain a duplicate tag upon production of such license certificate and the payment of a fee of one dollar. (d) Any person becoming the owner, after the thirtieth day of January of any year of any dog three months old or over, which has not already been licensed, or any person owning or keeping a dog which becomes three months old at time after the thirtieth day of January of any year, shall forthwith apply for and secure from the Commissioner a license for such dog in the same manner as the annual license is obtained under the provisions of this chapter. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 416; amended June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II, p. 45; Dec. 27, 1974, No. 3641, § 2, Sess. L. 1974, p. 267; Dec. 19, 1989, No. 5494, § 1(b), Sess. L. 1989, p. 162; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

It is unlawful to transfer a license or license tag issued for one dog to another. Whenever the ownership or possession of any dog is permanently transferred from one person to another the license of such dog may be likewise transferred, upon notice given to the Department of Agriculture and upon the payment of a transfer fee of one dollar. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 417.

Certificates Any person who keeps or operates a kennel, may, in lieu of the license for each dog required by this chapter, obtain licenses under a kennel certificate. Upon information supplied by such person, the Commissioner shall prepare a certificate describing the premises where the kennel is located and the actual number of dogs, three months or older, which are to be kept within the kennel. Such certificates shall be issued by the Commissioner upon payment of a fee of $25. With each kennel certificate the Commissioner shall issue a number of metallic tags equal to the number of dogs to be kept in the kennel. All such tags shall bear the number of kennel certificate and shall be readily distinguishable from the individual license tags for the same year. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 417; amended Dec. 27, 1974, No. 3641, § 3, Sess. L. 1974, p. 267.

Permanent Records The owner of a kennel shall keep one of such tags attached to a collar on each dog three months old or over, kept by him under a kennel certificate, when and during such time as such dog is without the kennel. Such tags may be transferred from one dog to another whenever any dog is removed from the kennel. No dog kept under a kennel certificate shall be permitted to stray or to be taken anywhere outside the limits of the kennel, except in leash or crate. Every keeper of a kennel shall keep a permanent record of each dog at any time kept in the kennel. Such record shall show: (1) the breed, color, markings, sex and age of each dog; (2) the date on which each dog entered the kennel; (3) where it came from; (4) to whom it belongs; (5) for what purpose each dog is kept in the kennel; (6) the date on which each dog leaves the kennel; (7) how and to whom it is disposed. Such record shall be open to inspection by any police officer, animal warden, or other duly authorized agent of the Department of Agriculture. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 417, 418; amended May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

The provisions of this subchapter relating to the payment of fees and other charges shall not apply to any blind person owning a guide dog. License tags for guide dogs shall be issued without charge. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 418.

Whoever fails to obtain a proper license tag as provided in this subchapter shall be fined not less than $10 and not more than $50. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 418; amended Dec. 27, 1974, No. 3641, § 4, Sess. L. 1974, p. 267.

Dogs kept for the purpose of guarding warehouses, wharves or similar places, at night shall be confined so that they cannot get out. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 418.

(a) Owners of dogs shall be liable for any damage done by their dogs. (b) The owners of any dogs which shall bite any person, while such person is on or in a public place, or lawfully on or in a private place, including the place of the owner of such dogs, shall be liable for such damages as may be suffered by persons bitten, regardless of the former viciousness of such dog or the owners' knowledge of such viciousness. A person is lawfully upon private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed by the laws of the Virgin Islands or by the laws or regulations of the United States, or when he is on such property upon invitation, expressed or implied, of the owner thereof; provided, however, no owner of any dog shall be liable for any damages to any person or his property when such person shall mischievously or carelessly provoke or aggravate the dog inflicting such damages; nor shall any such owner be so liable if at the time of any such injury he had displayed in a prominent place on his premises a sign easily readable including the words "Bad Dog" or "Beware of Dog". History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 418; amended June 11, 1986, No. 5163, § 1(a), Sess. L. 1986, p. 68.

Whoever- (1) incites a dog to attack, or, being the owner does not take measures to prevent his dog from doing so, or (2) owns a dog that damages property or injures any persons- shall be fined not less than $10 and not more than $100. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 418; amended Dec. 27, 1974, No. 3641, § 5, Sess. L. 1974, p. 267; June 11, 1986, No. 5163, § 1(b), Sess. L. 1986, p. 69.

Confiscation of Equipment; Possession of Dog (a) Whoever: (1) willfully, or for any bet, stake, or reward, instigates or encourages any dog to attack, bite, wound or bait another dog, except in the course of protection of life or property; (2) keeps any house, pit or other place, or provides any equipment or facilities to be used in permitting any fight between dogs; (3) does any act or performs any service in the furtherance of, or to facilitate, any dogfight including promotion, refereeing, handling of dogs at a dogfight, transporting spectators to or from a dogfight, providing concessions at a dogfight, advertising a dogfight, or serving as a stake-holder of any money wagered on any dogfight; or (4) owns, possesses, keeps, or trains any dog with the intent that such dog will be engaged in an exhibition of fighting with another dog shall be guilty of a felony punishable by imprisonment for not more than two (2) years and fined not less than two thousand dollars ($2,000) nor more than four thousand dollars ($4,000). However, any person who is knowingly present as a spectator at any place, building, or other site where preparations are being made for an exhibition of dogfighting with the intent to be present at such preparation or fight, or who is knowingly present at such exhibition shall be guilty of a felony punishable by imprisonment for not more than eighteen (18) months and fined not more than one thousand dollars ($1,000) for a first offense and imprisonment for not more than five (5) years, and fined not more than five thousand dollars ($5,000) for any second or subsequent offense. (b) Any peace officer who arrests a person under subsection (a) of this section may lawfully take possession of all equipment used for training, handling, or transporting a fighting dog and all equipment used to stage, promote or advertise a dogfight. Following a conviction under this section, the court entering the judgment shall order than any and all such equipment used in violation of this section be destroyed or forfeited to the Government of the Virgin Islands. (c) Any peace officer making an arrest under this section shall lawfully take possession of any dog on the premises where the dogfight is alleged to have been staged or occurred and any dog kept on the premises of any person arrested under this section. (1) When a peace officer takes possession of a dog under this subsection, the dog will be placed in the care of a humane society, animal shelter, court-approved licensed veterinarian, or a court-approved private housing facility under the supervision of a veterinarian, employee of the animal shelter, or officer of the humane society for boarding, treatment, or other care. (2) The veterinarian, animal warden, or officer may humanely euthanize the dog that is in his opinion injured or diseased past recovery, or whose continued existence is inhumane and whose destruction is necessary to relieve pain or suffering. The owner of a dog destroyed under this subsection shall not be entitled to damages. (3) If the veterinarian determines by means of physical examination or observation that the dog should be humanely euthanized due to lack of any useful purpose because of training or viciousness, a written request to destroy the dog shall be submitted to the court for approval. The court shall give notice to the dog's owner who shall have five (5) days in which to submit a written response. After five (5) days, upon a finding by the court that the dog lacks any useful purpose due to training or viciousness, it shall be within the authority of the veterinarian, animal warden, or officer of the humane society to humanely euthanize the dog when it is no longer needed as evidence. (4) If the veterinarian determines by means of physical examination and observation that the dog has not been trained for aggressive conduct or if the court finds that the dog should not be humanely euthanized for reasons of training or viciousness, the dog shall be returned to its owner when the dog is no longer needed as evidence. The dog, however, may be subject to dangerous dog designation as provided under section 2615c of this chapter. (5) All expenses incurred for treatment, boarding and other care of the dog, prior to the conviction of the owner, shall be assessed against the owner. History: Added June 15, 1984, No. 4963, § 2, Sess. L. 1984, p. 176; amended Dec. 19, 1989, No. 5494, § 1(c), Sess. L. 1989, pp. 162-164.

It shall be lawful for any person who shall see any dog or dogs chasing, biting, injuring or killing any sheep, goat, swine or other domestic animal, including poultry, belonging to such person, on any real property owned or leased by, or under the control of, such person, or on any public highway, to kill such dog or dogs, and it shall be the duty of the owner or keeper of any dog or dogs so found chasing, biting or injuring any domestic animal, including poultry, upon being notified of that fact by the owner of such domestic animal or poultry, to thereafter keep such dog or dogs on leash, or confined upon the premises of the owner or keeper thereof. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 419.

Any unlicensed dog or any dog bearing a proper license tag found running at large may be seized, impounded and disposed of in accordance with the provisions of subchapter III of this chapter. History: Added March 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 419.

Any dog which bites any person may, upon notice to the Commissioner or any animal warden, be seized by the Commissioner or said animal warden, impounded and quarantined for the purpose of determining the existence of rabies. Any owner or other person who prevents or obstructs the Commissioner, any animal warden, or their authorized representatives, from seizing for impoundment and quarantine, any dog who has bitten a person, shall be fined not more than five hundred dollars ($500). History: Added Dec. 27, 1974, No. 3641, § 6, Sess. L. 1974, p. 267; amended Feb. 8, 1975, No. 3669, Sess. L. 1975, p. 3.

(a) It shall be unlawful for any occupant or tenant in any Virgin Islands Public Housing Project to own, breed or house any dog or dangerous pet, except seeing eye dogs, within such project. (b) Any occupant or tenant who is found in violation of subsection (a) of this section shall be fined not less than $50 and not more than $250. (c) Any dog or dangerous pet, except seeing eye dogs, found in any Virgin Islands Public Project shall be immediately removed, at the owner's expense, by the Police Department, with the assistance of the Virgin Islands Housing Authority, Humane Society or licensed veterinarian if requested. History: Added June 11, 1986, No. 5163, § 2, Sess. L. 1986, p. 69.

(a) It is unlawful for an owner to have a dangerous dog in the Virgin Islands without a certificate of registration issued by an animal shelter under this section. This section shall not apply to dogs used by peace officers in the discharge of their duties. (1) An animal shelter, after it has determined that a dog is a dangerous dog, shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to an animal shelter evidence of: (i) a proper enclosure to confine a dangerous dog and the posting of a clearly visible warning sign, in a prominent place on the premises, that there is a dangerous dog on the property. The owner shall also conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog. Such signs must have minimum dimensions of twelve (12) inches by nine (9) inches; (ii) a surety bond issued by a surety bond insurer qualified under Title 22 of this Code in the amouTitle 22 least fifty thousand dollars ($50,000), payable to any person injured by a dangerous dog; or a policy of liability insurance, issued by an insurer qualified under Title 22 of this Code in thTitle 22 least fifty thousand dollars ($50,000), covering the twelve (12) month period during which licensing is sought and insuring the owner for any personal injuries inflicted by the owner's dangerous dog. The policy shall contain a provision requiring the animal shelter to be named as an additional insured for the sole purpose of the notification of the animal shelter by the insurance company of any cancellation, termination or expiration of the policy; (iii) verification from a veterinarian that the dangerous dog has been spayed or neutered and tattooed on the left flank. (2) Within sixty (60) days after a dog has been designated a dangerous dog by an animal shelter, if the owner or keeper of a dog is unwilling or is unable to comply with the provisions of subsection (a)(1) of this section, he shall have the dangerous dog humanely euthanized by an animal shelter, humane society, or a licensed veterinarian. Any dog that has been designated as dangerous shall not be offered for adoption. (3) To ensure compliance with this section, the animal shelter is empowered to conduct inspections of and/or inquiries about any dangerous dog, with or without prior notification to the owner. (4) The animal shelter may charge the owner of a dangerous dog an annual registration fee of twenty- five dollars ($25) in addition to regular dog licensing fees. (b) (1) It is unlawful for a dangerous dog to be outside of a proper enclosure unless the dog is muzzled and restrained by an unbreakable chain or leash and under the control of a responsible person. The muzzle shall fit the dangerous dog in such a manner that it will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any person or animal. (2) The owner shall notify an animal shelter within twenty-four (24) hours if a dangerous dog is loose, unconfined, has attacked a human being or another animal, has died, or has been sold or given away. If the dog has been sold or given away, the owner shall provide the animal shelter with the name, address and telephone number of the new owner, who must comply with the provisions of this section. (c) (1) Any dangerous dog may be confiscated and humanely euthanized by the animal shelter if: (i) the dog is not registered under this section; or (ii) the dog is outside of the dwelling of the owner or outside the proper enclosure and not under physical restraint by a responsible person. In addition, the owner shall be guilty of a misdemeanor punishable by not more than one (1) year imprisonment, or a five hundred dollar ($500) fine, or both. (2) Any dangerous dog of an owner with a prior conviction, under item (1) of this subsection, who attacks or bites a human being or another domestic animal shall be confiscated and humanely euthanized and the owner of such dog shall be guilty of a felony punishable by imprisonment of not more than eighteen (18) months, or a seven hundred fifty dollar ($750) fine, or both. (3) Any dog that severely injures or kills any human shall be confiscated and humanely euthanized and the owner of such dog shall be guilty of a felony punishable by imprisonment of not more than two (2) years, or a one thousand dollar ($1,000) fine, or both. History: Added Dec. 19, 1989, No. 5494, § 1(d), Sess. L. 1989, p. 164.

(a) No person shall own, keep, or harbor any donkey, horse, mule, sheep, cattle, hog, or goat, two months old or older, unless registered as provided for in this chapter. Written application for such registration shall be made to the Commissioner on a form prescribed and furnished by the Commissioner. The application shall state the breed, sex, age, color, brand and markings of such animal and the name and address of the applicant. (b) Whenever the ownership or possession of any of the animals listed in subsection (a) of this section above is permanently transferred from one person to another, the registration of such animal shall be likewise transferred, upon notice given to the Department. (c) Any person found in violation of subsection (a) of this section shall be fined not less than $50 and not more than $250. (d) Failure to transfer registration at the time of transferring ownership will subject the last registered owner to all fines and penalties applicable under this chapter up to and until the registration is properly transferred. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 419; amended Dec. 27, 1974, No. 3641, § 7, Sess L. 1974, p. 268; Nov. 10, 1993, No. 5911, § 2B, Sess. L. 1993, p. 269.

(a) No person shall own, keep or harbor any donkey, horse, mule, sheep, cattle, hog, or goat, two months old or older, unless such animal is branded, tagged or tattooed on a conspicuous part of the body with an identification or marking. (b) An owner of any donkey, horse, mule, sheep, cattle, hog, or goat may request in writing that the Commissioner, or his designated agent, brand, tag, or tattoo his animal. For such service, the Commissioner, or his designated agent, shall charge each owner five dollars ($5.00) for the first ten (10) animals branded, tagged or tattooed. (c) Any person found in violation of subsection (a) of this section shall be fined not less than $50 and not more than $250. History: Added Nov. 10, 1993, No. 5911, § 2C, Sess. L. 1993, p. 269.

(a) Any animal found running at large, or tied on public property, or on private property without the consent of the owner of the property, shall be taken up by animal wardens and impounded in an animal shelter, and shall be confined for disposition in accordance with the further provisions of this subchapter. (b) Notice shall be given to the owner of any licensed or registered animal by the best available means as to where it is impounded, and that it shall be impounded for a period of five (5) days and thereafter disposed of in accordance with law unless the animal is claimed within that period. If the animal is unlicensed or unregistered, or if the owner thereof is unknown and cannot be located within the Virgin Islands, notice to the effect specified above shall be posted for at least three (3) days in at least four (4) commonly frequented places on the island where the animal was found. (c) Any animal found running at large, if not already branded, tagged, or tattooed, shall be branded, tagged or tattooed on a conspicuous part of its body with an identification or marking at the discretion of the Commissioner, or his designated agent. For these purposes, such an action by the Commissioner or his authorized representative, shall not be deemed a violation of Title 14, section 2191, Virgin Islands Code. History: Added Nov. 10, 1993, No. 5911, § 2D, Sess. L. 1993, p. 269.

(a) The first time any animal, except a horse, donkey, mule or cattle, is impounded, it may be reclaimed upon payment by the owner to the Commissioner, or his designated agent, the sum of twenty-five dollars ($25) and the additional sum of ten dollars ($10) for each day the animal is kept. The first time any horse, donkey, mule or cattle is impounded it may be reclaimed upon payment by the owner to the Commissioner, or his designated agent, the sum of fifty dollars ($50), and the additional sum of twenty-five dollars ($25) for each day the horse is kept. (b) If any animal, except a horse, donkey, mule or cattle is impounded more than once, it may be reclaimed upon payment by the owner to the Commissioner, or his designated agent, the sum of thirty dollars ($30) each time it is impounded and the additional sum of twenty dollars ($20) for each day such animal is kept. If any horse, donkey, mule or cattle is impounded more than once, it may be reclaimed upon payment by the owner to the Commissioner, or his designated agent, the sum of one hundred dollars ($100) each time it is impounded and the additional sum of fifty dollars ($50) for each day the horse is kept. (c) If such animal has been reported stolen, and the Commissioner is satisfied of such fact, he may waive payment of the fees herein provided. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. 1, p. 419; amended Dec. 27, 1974, no. 3641, § 8, Sess. L. 1974, p. 268; Dec. 19, 1989, No. 5494, § 1(e), Sess. L. 1989, p. 166; Nov. 10, 1993, No. 5911, § 2E, Sess. L. 1993, p. 269.

Animals not claimed by the owner as hereinabove provided may be disposed of by the Commissioner or his designated agent by sale or gift to a responsible and suitable person, by transfer to a humane society or by destruction in a humane manner. History: Added March 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 420; amended Dec. 27, 1974, No. 3641, § 9, Sess. L. 1974, p. 269.

The Commissioner or his designated agent may cause to be destroyed any animal when, in his judgment, such animal appears to be so injured, disabled or diseased as to be past recovery or unfit for any useful purpose. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 420; amended Dec. 27, 1974, No. 3641, § 11, Sess. L. 1974, p. 269.

History: Repealed. Dec. 27, 1974, No. 3641, § 11, Sess. L. 1974, p. 269. Cite as: 19 V.I.C. § 2620, 2621

(a) It shall be unlawful for any person to interfere with any officer or agent in the enforcement of this law. (b) It shall be unlawful for any person to take an animal away from such officer or agent having it in his possession or from the premises where it is impounded. (c) It shall be unlawful for any person to whom a license certificate has been issued to fail or refuse to produce the license certificate for such dog upon demand of any police officer or animal warden. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 420; amended Oct. 3, 1968, No. 2346, § 1, Sess. L. 1968, Pt. II, p. 343; Dec. 27, 1974, No. 3641, § 12, Sess. L. 1974, p. 269.

Whoever- (a) fails to obtain the proper license tags as provided herein, or (b) violates any provision of this chapter or any regulation or order issued under this chapter for which a penalty is not otherwise provided, shall be fined not less than $10 and not more than $100. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 420; amended Oct. 3, 1968, No. 2346, § 1, Sess. L. 1968, Pt. II, p. 343; Dec. 27, 1974, No. 3641, § 13, Sess. L. 1974, p. 269.

(a) There is hereby created a special fund in the treasury of the Virgin Islands to be known as the Animal Fund into which all moneys collected under the provisions of this act shall be paid, and from which expenses necessary in the carrying into effect the provisions of this chapter shall be paid. All moneys in the "Animal Fund" from time to time are hereby specifically appropriated to the Department of Agriculture for the carrying into effect the provisions of this chapter. (b) The Animal Fund shall be comprised of all license fees and fines collected under the provisions of this chapter, and all such funds, donations, gifts, devises, bequests and all other kinds of contributions of real or personal property, from persons, corporations, partnerships, trust funds, charitable or other eleemosynary organizations, domestic or otherwise, as may be made to the said Fund from time to time as well as any contributions to the said Fund as may be appropriated by the Legislature. History: Added Mar. 29, 1968, No. 2143, § 1, Sess. L. 1968, Pt. I, p. 421; amended June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II, p. 45; Oct. 3, 1968, No. 2346, § 1, Sess. L. 1968, Pt. II, p. 343; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

(a) As used in this chapter "animal" shall be deemed to include poultry and where the context so requires, animal and poultry products. (b) Every owner or possessor of animals, every breeder of animals, every person bringing animals into the Virgin Islands, every owner, manager or person in charge of any vessel or transportation company bringing animals into the Virgin Islands, and every veterinary surgeon practicing in the Virgin Islands, shall, on obtaining knowledge of the appearance of an infectious or contagious disease among the animals owned, brought into the Virgin Islands or treated by him, or in his custody, or under his care, give immediate notice thereof to the Commissioner of Agriculture. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

No person shall turn out, keep or graze an animal knowing it to be infected with any infectious or contagious disease, on any roadside or field, where it can come in contact with any other animal not so infected. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180.

No person shall bring, or attempt to bring, into any market, stable, corral, or any other place where other animals may be met with any animal known by him to be infected with any infectious or contagious disease. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180.

No person shall sell or dispose of to another person, any animal known to him to be infected with any infectious or contagious disease, or the meat, skin, hide, horns, hoofs, or any other part of an animal infected with any infectious or contagious disease at the time of its death. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180.

The carcasses of any animals dying or slaughtered because they were infected or suspected of being infected with a contagious or infectious disease shall be disposed of in accordance with regulations prescribed by the Commissioner of Agriculture. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

If any animal infected with any infectious or contagious disease, or suspected of being so infected, is sold or disposed of, or is exposed or offered for sale, or is brought or attempted to be brought, for the purpose of being exposed or offered for sale in any market or other open or public place where other animals are commonly exposed for sale, it shall be legal for any policeman, or any local health officer or inspector, to seize the animal and to report the seizure to the Commissioner of Agriculture and the Commissioner of Agriculture shall have authority if such animal be found to be infected with any infectious or contagious disease, to order the destruction and disposal of said animal in accordance with the procedure provided by this chapter, and also to order the thorough disinfection of the vessel or premises and destruction of any pens, troughs, hay, straw or other articles which in his opinion present a danger of spreading the disease to other animals. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

The Commissioner of Agriculture shall cause to be slaughtered all animals found to be suffering from infectious or contagious disease, or suspected of being so infected, when in his opinion it is necessary to have such animals slaughtered for the purpose of preventing the spread of the disease with which the animals are infected or suspected of being infected. No animal, however, shall be slaughtered because it is believed to be suffering from glanders or tuberculosis, or is suspected of being so infected, until the mallein test has been applied to determine the presence of glanders and the tuberculin test has been applied to determine the presence of tuberculosis and such disease is shown to be present, unless the symptoms of such diseases are plainly and visibly present. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

When the animal slaughtered was suffering from infectious or contagious disease and it appeared that the owner was not negligent in respect to the care of such animal so as to prevent it from becoming infected with infectious or contagious disease, compensation shall be paid the owner. The compensation paid shall not exceed the value of the animal and the exact amount of compensation shall be fixed by the Commissioner of Agriculture, provided that the Government of the Virgin Islands shall not be liable for payment of any compensation if the owner receives full compensation from any Federal agency or department of the Federal Government. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

of Disease (a) The Commissioner of Agriculture may, with the approval of the Governor, from time to time prohibit the importation or introduction into the Virgin Islands, or into any particular port thereof, of animals or of flesh, hides, hoofs, horns or other parts of animals, or of hay, straw, fodder or other articles either generally or from any place named in the order, for such period as he deems to be necessary where in his opinion such action is necessary for the purpose of preventing the introduction of any contagious or infectious disease among animals in the Virgin Islands. (b) All animals permitted to enter the Territory must have a valid certificate of veterinary inspection. For the purposes of this section "certificate of veterinary inspection" means an official document issued by a federal, state, territorial, or tribal accredited veterinarian certifying that the animal of record has been inspected and found to be free of disease and pests and is satisfactorily permitted to travel within the same state, between states, or internationally. (c) Any animal brought into the Territory without a valid certificate of veterinary inspection required by subsection (b) is subject to quarantine, at the owner's expense, until a valid certificate of veterinary inspection is issued. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182; amended Dec. 31, 2020, No. 8394, § 2, Sess. L. 2020, p. 239; amended Dec. 6, 2021, No. 8514, § 3, Sess. L. 2021, p. 223.

Whenever it appears to the Commissioner of Agriculture that infectious or contagious disease of animals exists, he shall notify the owner and he may prescribe the limits of the infected place. The area of the infected place may include any field, stable, cow shed, or other premises in which infectious or contagious disease has been found to exist, and such other area as to the Commissioner of Agriculture deems proper. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

The Commissioner of Agriculture may at any time, by order, declare any place to be free from infectious or contagious disease, and thereupon and from time specified in the order the place shall cease to be deemed an infected place. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

Whenever under this chapter a place has been constituted an infected place, no live animal, nor the flesh, head, hide, skin, hair, hoofs, wool or offal of any animal, or any part thereof, nor the carcass, nor the remains of any animal, nor the dung of the animals, nor any hay, straw, litter or other thing commonly used for or about animals, shall be removed out of the infected place, unless a permit signed by an inspector has been obtained, until the place has been released by order of the Commissioner of Agriculture. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1987, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

Every company, and every person, transporting for hire animals to or in the Virgin Islands shall thoroughly clean and disinfect, in such manner as the Commissioner of Agriculture may, from time to time, direct all vessels, boats, pens, carriages, trucks, horse-boxes or other vehicles used by such company or persons for the carrying of animals, and the Commissioner may cause any such vehicle to be detained at such place as to him seems proper until it is so cleaned and disinfected. If the company or person using such vessel, boat, carriage, truck, horse-boxes, or other vehicle for the carrying of animals fails to cause the same to be cleaned and disinfected, after being notified so to do, within such time as the Commissioner directs, the Commissioner may cause the same to be cleaned and disinfected at the expense of such company or person, and such expense or cost may be recovered in any court of competent jurisdiction. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

All yards, stables, sheds or other premises used by steamship companies, or other persons, for the accommodations of animals shall be maintained in a clean, comfortable and sanitary condition, and shall be subject at all times to inspection by inspectors acting under the authority of the Commissioner of Agriculture, who, when they deem such action necessary, may order the cleansing and disinfection in a satisfactory manner of said yards, stables, sheds or other premises. Should any steamship company, or any person refuse or neglect to carry out the orders of the inspector in regard to such cleansing or disinfection, or should such company or person neglect to maintain its or his yard, stables, sheds, or other premises for the use of animals in a clean, comfortable and sanitary condition, the Commissioner of Agriculture, upon the report of the inspector, may condemn the said premises as unfit for use whereupon the said premises shall not be used for the accommodation of animals until such time as the order of the inspector, or of the Commissioner of Agriculture, in regard thereto, has been satisfactorily complied with. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

The Commissioner of Agriculture may make and enforce such regulations for any of the following purposes as in his opinion are necessary; such regulations shall have the force and effect of law until amended or repealed: (1) The prevention of the importation of animals from a nonaccredited area as regards tuberculosis. (2) The causing of animals to be slaughtered upon their arrival in the Virgin Islands, or the destroying of any hay, straw, fodder or other articles by which in his opinion infection or contagion may be conveyed, and generally the regulation of the importation or introduction into the Virgin Islands of animals in such a manner as to prevent the introduction of any infectious or contagious disease into the Virgin Islands. (3) The keeping separate, treatment and disposal of, and dealing generally with animals infected with infectious or contagious disease. (4) The segregating and confining of animals within certain limits, the establishing of quarantine, and the prohibiting of regulating of the removal to or from other parts or places in the Virgin Islands as he may designate in such regulations of animals, or of their meat, skin, hide, horns, hoofs or other articles likely to propagate infection or disease. (5) The purifying of any yard, stable, outhouse or other place, or any wagon, cart, carriage or other vehicle, or of any vessel, and the directing of how any animals dying in a diseased state, or any animals or parts of animals or other things seized under the provisions of this chapter are to be destroyed or otherwise disposed of. (6) The posting of notices to be given of the appearance of any disease among animals. (7) The requiring of notice of the appearance of any disease among animals. (8) The declaring that any market, yard, stockyard, wharf, steamship, steam or other vessel or any other vehicle, on or in which animals are exposed for sale, or placed for the purpose of transportation, is infected and that the same shall be disinfected and shall not be used until he has declared such disinfection to have been accomplished. (9) The slaughtering of animals as provided for by this chapter. (10) The requiring of proof of the fact that animals imported into or passing through the Virgin Islands have not at any time prior to their embarkation been brought from any place or locality where any infectious or contagious disease was at said time in existence. (11) The exempting of certain infectious and contagious diseases from the operation of certain specified provisions of this chapter. (12) The taking of all of the necessary steps for the better execution of this chapter and the carrying out to the fullest possible extent of the purposes of this chapter to prevent the spread of infectious and contagious diseases among animals and the extirpation of such diseases as may be found to exist. Every regulation shall be published at least twice in one or more newspapers of general circulation in Saint Thomas and also in Saint Croix. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

Any officer or other person charged with the responsibility of carrying into effect any of the provisions of this chapter, may enter into any place or premises, or any steamship, vessel or boat, or any carriage, car, truck or other vehicle used for the carriage of animals, but shall, if called upon so to do, state in writing the grounds on which he makes such entry. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180.

Every person owning or having possession of animals in the Virgin Islands, shall, upon receiving notice in writing so to do, present such animals at the time and place specified in the notice for inspection by the Commissioner of Agriculture or his duly authorized representative. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

If any animals are imported or brought into, or attempted to be imported or brought into the Virgin Islands contrary to the provisions of this chapter, or of any order or regulations issued thereunder, they may be seized by the Commissioner of Agriculture or any police or sanitation officer, and forfeited to the Government of the Virgin Islands and may be forthwith slaughtered, in accordance with section 2707 of this title. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

Whenever any person having animals in his possession, or keeping animals within a place wherein infectious or contagious disease exists, posts a notice at the entrance of a building or enclosed place in which such animals are kept, forbidding persons to enter that building or place without his permission, and any person, not having the right of entrance into the said building or place, knowingly enters into the same, or any part thereof, in violation of the notice, the person so entering shall for each such offense be liable to a fine of not exceeding $20. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180.

At such times as it becomes necessary upon request of the Commissioner of Agriculture, the Governor of the Virgin Islands is hereby given authority to detail such number of policemen as in his opinion is wise to act as representatives of the Commissioner of Agriculture, and when so detailed such policemen shall have any or all of the powers as the Governor of the Virgin Islands in making such detail, may determine. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended May 26, 1971, No. 3033, § 3, Sess. L. 1971, p. 164; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

Whoever violates any provision of this chapter or any regulations issued pursuant thereto shall be fined not more than $200 or imprisoned not more than one month, or both. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180.

Notwithstanding any other provisions of law, but subject to the availability of appropriations, the Commissioner of Agriculture is authorized to conduct an intensive five year program for the complete eradication of the Boophilus Microplus Tick and the Dermacenter Nitens Tick from the Virgin Islands, and, subject to the approval of the Governor, to enter into such agreements with the Federal Government as may be deemed essential to the successful accomplishment of the objectives of the program. History: Added May 26, 1971, No. 3033, § 4, Sess. L. 1971, p. 164; amended May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

History: Repealed. June 24, 1987, No. 5265, § 602(g), Sess. L. 1987, p. 67.

Owners shall, upon the request of the Commissioner of Agriculture, or his designee, bring livestock and other animals to dipping stations established by the Commissioner and furnish all labor the Commissioner or his designee may require in inspecting, paint marking, dipping or spraying all such animals. In the event that the owners fail to comply with any such request, such livestock and animals may be seized and transported to the dipping station at the expense of the owners. If such livestock and animals cannot be seized, the Commissioner may authorize the destruction of such livestock and animals by whatever humane means the Commissioner elects to use, and the owners shall not be entitled to any compensation therefor. It shall be lawful for the Commissioner or his designee to enter upon any lands or buildings between sunrise and sunset for the purpose of enforcing the provisions of this section. History: Added May 26, 1971, No. 3303, § 4, Sess. L. 1971, p. 165; amended Oct. 20, 1972, No. 3315, § 1, Sess. L. 1972, p. 460; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

The Commissioner of Agriculture shall promulgate rules and regulations necessary to implement and enforce any and all programs relating to the inspection of animals, dead or alive, and the control, detection, eradication or prevention of any disease, parasite, and pest which is, or may tend to be, injurious to man, animal or plant. History: Added Oct. 20, 1972, No. 3315, § 2, Sess. L. 1972, p. 460; amended May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

Whoever violates any provisions of the laws of the Virgin Islands or any rules and regulations promulgated thereunder relating to the inspection, control, detection, eradication or prevention of any disease, parasite, or pest which is or may tend to be injurious to man, animal or plant, shall be fined not more than $100 or imprisoned for not more than 6 months or both. Each and every animal involved in such violation shall constitute a separate offense and sentences imposed therefore shall be consecutive. History: Added Oct. 20, 1972, No. 3315, § 2, Sess. L. 1972, p. 460.

In order to promote and protect the public health, safety and welfare of animals in a shelter environment, this chapter regulates animal shelters, pet shops, pet groomers, and kennels by establishing enforceable, uniform minimum standards of care for the physical, mental, and behavioral needs of animals in animal shelters, pet shops, pet groomers, and kennels in the Virgin Islands to which all operators of animal shelters, pet shops, pet groomers, and kennels must comply. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 126.

As used in this chapter: (a) "Ambient temperature" means the temperature surrounding an animal. (b) "Breeder" means any owner or keeper of a kennel who breeds more than 2 litters of dogs annually. (c) "Commissioner" means the Commissioner of the Virgin Islands Department of Agriculture or the Commissioner's authorized representative. (d) "Companion animal" means a domesticated animal that serves as a companion in the home of its owner. (e) "Commissioner of Licensing" means the Commissioner of the Department of Licensing and Consumer Affairs or the Commissioner's authorized representative. (f) "Department" means the Virgin Islands Department of Agriculture. (g) "Housing facility" means a room, building, or area used to contain a primary enclosure or enclosures. (h) "Incompetence" means the demonstrated incapability of a person to understand the requirements of this chapter by failure or refusal to conform to such requirements for the care and handling of dogs and cats. (i) "Kennel" means a housing facility where animals are kept for the purpose of boarding, breeding, work, resale rescue, or temporary holding. (j) "Primary enclosure" means a structure used to immediately restrict one or more animals to a limited amount of space, such as a room, pen, run, cage, or compartment. (k) "Registrant" means an animal shelter licensed and registered pursuant to this chapter. (l) "Sanitize" means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health. (m) "Standards" means Standards of Care published by the Association of Shelter Veterinarians. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 126, 127.

(a) All investigations and seizures of animals are the exercise of police power as set forth in 14 V.I.C. § 187 and 19 V.I.C. §§ 2603 and 2604 of this title. All animal shelters shall memorialize all investigations and seizures in a written report submitted to the Department of Agriculture. (b) All "owner relinquishments" authorizations must be obtained in writing prior to an animal's being destroyed. (c) All shelters shall keep written records of the animals that were euthanized and submit the statistics to the Department of Agriculture on a quarterly basis. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 127.

(a) The Department shall monitor all facilities that board animals for a fee or house animals for adoption, including, annual inspections, or upon a complaint. (b) The Department shall prepare and provide upon request a checklist based on the Guidelines for Standards of Care published by the Association of Shelter Veterinarians. The inspector shall submit a report for each facility to the Commissioner within 10 days of the inspection. (c) If the Commissioner finds violations of the law, the Commissioner may issue a warning requiring the facility to comply within 30 days or issue orders necessary for the correction of the conditions, and quarantine the premises and animals. Failure to comply may result in a fine of $250 for the first infraction and $500 for subsequent infractions within the same calendar year. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 127.

(a) A person operating or desiring to operate a pet shop, pet grooming company, kennel or animal shelter business must be licensed by the Department of Licensing and Consumer Affairs and pay the applicable license fee to operate in the Virgin Islands. Those businesses that qualify as Virgin Islands not-for-profit corporations and provide a copy of their not-for-profit status to the Commissioner of Licensing and Consumer Affairs are not required to be licensed. Licenses are not transferable. (b) Upon issuance, the Department of Licensing and Consumer Affairs shall provide a copy of every pet shop, pet groomer, kennel and animal shelter license to the Commissioner of the Department of Agriculture. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 127.

(a) A person operating or desiring to operate an animal shelter facility must be registered with the Department of Agriculture, provide evidence of its non-profit status, and affirm that the facility is operated in compliance with the Guidelines for Standards of Care published by the Association of Shelter Veterinarians. After the effective date of this chapter, all shelters have 60 days to register and demonstrate compliance with the referenced standards. (b) The Department of Agriculture shall furnish a copy of the standards set forth in this chapter with each registration form, and the registrant must acknowledge receipt and agree to comply with them by signing a form provided by the Department of Agriculture. (c) An applicant must demonstrate that the facility is in compliance with the standards required in this chapter. If the applicant's facilities do not comply with the standards, the applicant must be advised in writing by the Commissioner of deficiencies and the corrective measures that must be taken before facilities will be in compliance with the standards. The Commissioner may issue a temporary permit to operate the facility for a period of time not to exceed 60 days, to be agreed upon in writing by both parties for the purpose of bringing the facility into compliance. All standards of sanitation must be complied with as set forth in this chapter. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 128.

Record (a) Any animal shelter, as the representative of the Commissioner, and in accordance with the section 2605 of this title, shall diligently issue and process applications of dog licenses and tags for all dogs owned or harbored by residents of the island on which they are located. (b) The animal shelter shall collect all dog license fees and keep full and accurate records of all persons to whom dog licenses and tags have been issued. The animal shelter shall keep proper financial records to account for all licenses issued and fees collected in accordance with the regulations of the Department. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 128.

(a) The animal shelter shall make provisions for the removal and disposal of animal and food wastes, bedding, dead animals, and debris and provide and operate disposal facilities as to minimize vermin infestation, odors, and disease hazards. (b) Washrooms, sinks or basins, must be provided to maintain cleanliness of the animal caretakers. (c) The interior building surfaces of an indoor housing facility must be constructed of a non-absorbent material that may be readily sanitized. (d) A suitable method must be provided to eliminate excess water from an indoor housing facility. Drains must be properly constructed and kept in good repair to avoid foul odors therefrom. Closed drainage systems must be equipped with traps and so installed as to prevent any backup on the floor of the room. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 128, 129.

(a) An indoor housing facility for dogs and cats must be sufficiently ventilated to protect the dogs and cats and provide for their health and comfort. The facility must be provided with fresh air, either by means of windows, doors, vents, or air conditioning, and must be ventilated so as to minimize drafts, odors, and moisture condensation. (b) An indoor housing facility for dogs and cats must have ample light of good quality by natural or artificial means or both. The lighting must provide uniformly distributed illumination of sufficient intensity to permit routine inspection and cleaning during the entire working period. Primary enclosures must be so placed as to protect the dogs or cats from excessive illumination. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 129.

(a) When sunlight is likely to cause overheating or discomfort, sufficient shade must be provided to allow dogs and cats to protect themselves from the direct rays of the sun. (b) An access to shelter must be provided for dogs and cats to allow them to remain dry and protected during rain or inclement weather. (c) Outside shelters must be located in an area which has suitable drainage. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 129.

(a) A primary enclosure must provide sufficient space to allow each dog and adult cat to turn about freely and to easily stand, sit and lie in a comfortable, normal position. Where the primary enclosure is used for more than one cat, a resting perch for each cat must be provided. (b) A primary enclosure must be constructed and maintained so that dogs and cats kept therein have convenient access to clean food and water. (c) Female animals in estrus must not be housed in the same primary enclosure as male animals. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 129.

(a) Dogs and cats must be fed at least twice each day except as otherwise required. The food must be free from contamination and must be wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. (b) Food receptacles must be accessible to all dogs and cats and must be located to minimize contamination by excreta. Feeding pans must be durable and kept clean. Disposable food receptacles may be used but must be discarded after each feeding. Self-feeders may be used for the feeding of dry food and must be sanitized regularly to prevent molding, deterioration, or caking of food. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 129, 130.

When a hosing or flushing method is used for cleaning a primary enclosure, any dog contained therein must be removed during the cleaning process and not returned until the enclosure is completely dry. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 130.

(a) Each shelter shall form an adoption committee that will be responsible for creating and implementing a plan to host a minimum of four adoption events in the community where the animals may interact with potential placement. The Adoption Committee is responsible for maintaining statistics of the dogs and cats adopted at these events. (b) The Adoption Committee shall also maintain a social media page with the animals available for adoption. (c) Any animal housed at the shelter facility must be available for adoption unless the animal is not healthy and fit for placement. If the animal is not healthy and fit for adoption, the shelter shall prepare and implement a written plan necessary for the animal to be adoptable. The Shelter's board of directors and officers shall authorize these written plans. History: Added Aug. 8, 2018, No. 8064, § 1, Sess. L. 2018, p. 130.

(a) All animals whose meat will be offered for sale in public places in the Virgin Islands shall be slaughtered at government-controlled slaughterhouses which shall be inspected and approved by the Commissioner of Health. (b) The Commissioner of Agriculture shall supervise and regulate the operation of slaughterhouses in the Virgin Islands, and shall fix the rates or fees, subject to the approval of the Governor, to be charged for their use. (c) All fees received for the use of Government-controlled slaughterhouses shall be remitted to the Commissioner of Finance and be covered by him into the General Fund of the Treasury. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1958, p. 180; amended Feb. 14, 1963, No. 935, § 2; Mar. 17, 1965, No. 1343, § 3, Sess. L. 1965, Pt. I, p. 76; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II, p. 45; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

It shall be unlawful for any person, firm, or corporation to (a) slaughter any animal or animals in the Virgin Islands except at government-controlled slaughterhouses if the animal or animals so slaughtered or any parts thereof are to be sold, bartered or exchanged; (b) arrange for the slaughter of any animal or animals except at the government-controlled slaughterhouses if the animal or animals to be slaughtered or any parts thereof are to be sold, bartered or exchanged or (c) sell, barter or exchange any animal or animals slaughtered outside the government-controlled slaughterhouses. This section shall not apply to any individual who slaughters an animal or animals solely for his own consumption or for the consumption of his immediate household, or as a gratuity, or to any individual who slaughters animals on the Island of St. John. History: Added as § 2903, Jan. 8, 1959, No. 385, § 5, Sess. L. 1959, p. 180; renumbered and amended Feb. 14, 1963, No. 935, § 4.

Any person violating the provisions of section 2902 of this title shall upon conviction thereof be subject to a fine of not more than $100. History: Added Jan. 8, 1959, No. 385, § 5, Sess. L. 1959, p. 180; amended Feb. 14, 1963, No. 935, § 5.

History: Repealed. Feb. 14, 1963, No. 935, § 3, Sess. L. 1963, p. 34. Cite as: 19 V.I.C. § 2904, 2905

History: Repealed. Feb. 14, 1963, No. 935, § 3, Sess. L. 1963, p. 34.

History: Repealed. Aug. 4, 1978, No. 4176, § 1, Sess. L. 1978, p. 171.

As used in this chapter: (a) "Commissioner" means the Commissioner of Health of the Virgin Islands. (b) "The Federal Act" means the Mental Retardation Facilities and Community Health Centers Construction Act of 1963 (P.L. 88-164), as now and hereafter amended. (c) "The Secretary" means the Secretary of Health and Human Services of the United States, or his delegate to administer the Federal Act. (d) "Facility for the mentally retarded" means a facility specially designed for the diagnosis, treatment, education, training or custodial care of the mentally retarded, including facilities for training specialists and sheltered workshops for the mentally retarded, but only if such workshops are part of facilities which provide or will provide comprehensive services for the mentally retarded. (e) "Community behavioral health center" means a facility providing services for the prevention, or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community or communities in or near where the facility is situated. (f) "Nonprofit facility for the mentally retarded", and "nonprofit community behavioral health center" mean, respectively, a facility for the mentally retarded, and a community behavioral health center which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. History: Added Mar. 15, 1965, No. 1340, § 2, Sess. L. 1965, Pt. I, p. 66; amended Jan. 6, 2019, No. 8152, § 1(a)(6), Sess. L. 2018, p. 327.

The Department of Health, through the Commissioner thereof, shall constitute the sole agency of the Government of the Virgin Islands for the purpose of: (1) making inventories of existing facilities, surveying the need for construction of facilities for the mentally retarded and community behavioral health centers, and developing programs of construction as provided in subchapter II of this chapter, and (2) developing and administering a State plan for the construction of public and other nonprofit facilities for the mentally retarded, and a State plan for the construction of public and other nonprofit community behavioral health centers, as provided in subchapter II of this chapter. History: Added Mar. 15, 1965, No. 1340, § 2, Sess. L. 1965, Pt. I, p. 66; amended Jan. 6, 2019, No. 8152, § 1(a)(6), Sess. L. 2018, p. 327.

In carrying out the purposes of this chapter the Commissioner is authorized, subject to the approval of the Governor: (a) To require such reports, make such inspections and investigations and prescribe such regulations as he deems necessary; (b) To provide such methods of administration, and take such other action as may be necessary to comply with the requirements of the Federal Act and regulations thereunder; (c) To procure in his discretion the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part time or fee for service basis and do not involve the performance of administrative duties; (d) To the extent that he considers desirable to effectuate the purposes of this chapter, to enter into agreements for the utilization of facilities and services of other departments, agencies, and institutions, public or private; (e) To accept on behalf of the Government of the Virgin Islands and to deposit with the Commissioner of Finance any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of this chapter, and to expend the same for such purposes; (f) If the Virgin Islands participate in this program, to make an annual report to the Governor on activities and expenditures pursuant to this chapter, including recommendations for additional legislation as the Commissioner considers appropriate to furnish adequate facilities for the mentally retarded and community behavioral health centers to the people of the Virgin Islands; (g) To do all other things on behalf of the Government of the Virgin Islands necessary to obtain full benefits under the Federal Act as now and hereafter amended. History: Added Mar. 15, 1965, No. 1340, § 2, Sess. L. 1965, Pt. I, p. 66; amended Jan. 6, 2019, No. 8152, § 1(a)(6), Sess. L. 2018, p. 327.

History: Repealed. June 24, 1987, No. 5265, § 1304(j), Sess. L. 1987, p. 104.

For the purposes of administering the provisions of this chapter, there is hereby appropriated such funds as may be received from the Federal Government and other sources for such purposes which shall be expended upon proper certification by the Commissioner. History: Added Mar. 15, 1965, No. 1340, § 2, Sess. L. 1965, Pt. I, p. 66.

The Commissioner is authorized to develop construction programs for facilities for the mentally retarded and community behavioral health centers for the mentally ill, which shall be based respectively on Insular- wide inventories of existing facilities for the mentally retarded and the mentally ill and surveys of need, and which shall provide in accordance with regulations prescribed under the Federal Act, for facilities which will provide adequate service for the mentally retarded and adequate community behavioral health services for the people residing in this territory and for furnishing needed services to persons unable to pay therefor. History: Added Mar. 15, 1965, No. 1340, § 2, Sess. L. 1965, Pt. I, p. 66; amended Jan. 6, 2019, No. 8152, § 1(a)(6), Sess. L. 2018, p. 327.

The Commissioner is authorized to prepare and submit to the Secretary, State plans which shall include the programs for construction of facilities developed under section 4110 of this chapter and which shall provide for the establishment, administration and operation of such construction activities in accordance with the requirements of the Federal Act and regulations thereunder. The Commissioner shall from time to time, but not less often than annually, review the State plans and submit to the Secretary any modifications thereof which he considers necessary and may submit to the Secretary such modifications of the State plan not inconsistent with the requirements of the Federal Act, as he may deem advisable. History: Added Mar. 15, 1965, No. 1340, § 2, Sess. L. 1965, Pt. I, p. 66.

The Commissioner shall by regulation prescribe, and shall be authorized to enforce, standards for the maintenance and operation of facilities for the mentally retarded and community behavioral health centers which receive Federal aid for construction under the State plans. History: Added Mar. 15, 1965, No. 1340, § 2, Sess. L. 1965, Pt. I, p. 66; amended Jan. 6, 2019, No. 8152, § 1(a)(6), Sess. L. 2018, p. 327.

The State plans shall set forth the relative need for the several projects included in the construction programs determined in accordance with the regulations prescribed pursuant to the Federal Act, and shall provide for the construction insofar as financial resources available therefor and for maintenance and operation make possible, in the order of such relative need. History: Added Mar. 15, 1965, No. 1340, § 2, Sess. L. 1965, Pt. I, p. 66.

Applications for mental retardation facility or community behavioral health center construction projects for which Federal funds are requested shall be submitted to the Commissioner by the Government of the Virgin Islands, a political subdivision thereof or by a public or other nonprofit agency. Each application for a construction project shall conform to Federal and territorial requirements. History: Added Mar. 15, 1965, No. 1340, Sess. L. 1965, Pt. I, p. 66; amended Jan. 6, 2019, No. 8152, § 1(a) (6), Sess. L. 2018, p. 327.

The Commissioner shall afford to every applicant for a construction project an opportunity for a fair hearing. If the Commissioner, after affording reasonable opportunity for development and submission of applications, finds that a project application complies with the requirements of section 4114 of this title and is otherwise in conformity with the State plan, he shall approve such application and shall recommend and forward it to the Secretary. History: Added Mar. 15, 1965, No. 1340, § 2, Sess. L. 1965, Pt. I, p. 66.

From time to time the Commissioner, or his duly authorized agents, shall inspect each construction project approved by the Secretary, and if the inspection so warrants, the Commissioner shall certify to the Secretary that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of Federal fund is due to the applicant. History: Added Mar. 15, 1965, No. 1340, § 2, Sess. L. 1965, Pt. I, p. 66.

Health Centers Construction Fund The Commissioner is hereby authorized to receive federal funds in behalf of, and transmit them to, such applicant. There is hereby established, separate and apart from all public monies of this territory, a Mental Retardation Facilities Construction Fund and a Community Behavioral Health Centers Construction Fund. Money received from the Federal Government for a construction project under this chapter approved by the Secretary shall be deposited to the credit of the appropriate fund and shall be used solely for payments to applicants for work performed, or purchases made, in carrying out approved projects. Warrants for all payments from these Funds shall bear the signature of the Commissioner or his duly authorized agent for such purpose. History: Added Mar. 15, 1965, No. 1340, § 2, Sess. L. 1965, Pt. I, p. 66; amended Jan. 6, 2019, No. 8152, § 1(a)(6), Sess. L. 2018, p. 327.