USVI Public Records

For the purposes of this subchapter- (a) "assessment program" means a formal system to evaluate a physician's competence within the scope of professional physician practice. (b) "competence" means possessing the requisite abilities and qualities (cognitive, non-cognitive, and communicative) to perform effectively in the scope of professional physician practice while adhering to professional ethical standards. (c) "dyscompetence" means failing to maintain acceptable standards of one or more areas of professional physician practice. (d) "impairment" means the inability of a licensee to practice medicine with reasonable skill and safety by reason of: (1) mental illness; (2) physical illness or condition, including, but not limited to, those illnesses or conditions that would adversely affect cognitive, motor or perceptive skills; or (3) habitual or excessive use or abuse of drugs defined by law as controlled substances, of alcohol or of other substances that impair ability. (e) "incompetence" means lacking the requisite abilities and qualities, cognitive, non-cognitive, and communicative, to perform effectively in the scope of professional physician practice. (f) "license" means any license, certificate or other practice authorization granted by the Virgin Islands Board of Medical Examiners pursuant to this or any other applicable statute. (g) "licensee" means the holder of any license, certificate or other practice authorization granted by the Virgin Islands Board of Medical Examiners. (h) "Physician" means an M.D., D.O., or D.P.M. licensed by the Board. (i) "practice of medicine" means: (1) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in the jurisdiction; (2) offering or undertaking to prescribe, order, give or administer any drug or medicine for the use of any other person; (3) offering or undertaking to prevent or to diagnose, correct and/or treat in any manner or by any means, methods, or devices any disease, illness, pain, wound, fracture, infirmity, defect or abnormal physical or mental condition of any person, including the management of pregnancy and parturition; (4) offering or undertaking to perform any surgical operation upon any person; (5) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within a state or territory by a physician located outside the state or territory as a result of transmission of individual patient data by electronic or other means from within a state/territory to such physician or his or her agent; (6) rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient; and (7) using the designation Doctor, Doctor of Medicine, Doctor of Osteopathy, Doctor of Podiatric Medicine, Physician, Surgeon, Dr., M.D., D.O., D.P.M. or any combination thereof in the conduct of any occupation or profession pertaining to the prevention, diagnosis or treatment of human disease or condition unless such a designation additionally contains the description of another branch of the healing arts for which one holds a valid license in the jurisdiction. For the purpose of this chapter, the practice of medicine is determined to occur where the patient is located in order that the full resources of the territory are available for the protection of that patient. (j) "remediation" means the process whereby deficiencies in physician performance identified through an assessment program are corrected, resulting in an acceptable state of physician competence. (k) "statute" means this statute or any other statute applicable to the Virgin Islands Board of Medical Examiners. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 17-19; amended May 7, 2020, No. 8296, § 1(a)(1)-(3), Sess. L. 2020, p. 35.

In the interests of public health, safety and welfare, and to protect the people from the unprofessional, improper and incompetent practice of medicine, it is the responsibility of the Legislature to enact laws regulating the granting and subsequent use of the privilege to practice medicine and to ensure, as much as possible, that only qualified and fit persons hold that privilege. The fundamental purpose of this statute is to protect the public, and any license, certificate or other practice authorization issued pursuant to this statute shall be a revocable privilege, and no holder of such a privilege shall acquire thereby any irrevocable right. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 19, 20.

(a) Board created. The Virgin Islands Board of Medical Examiners (hereafter referred to as the Board), established in 3 V.I.C. § 415, shall regulate the practice of medicine in the Virgin Islands in accordance with this statute and to otherwise enforce this statute. (b) Delegation of duty. The duty of determining a person's initial and continuing qualification and fitness for the practice of medicine, of proceeding against the unprofessional, improper, incompetent, unlawful, fraudulent, deceptive or unlicensed practice of medicine, and of enforcing this statute is hereby delegated to the Board. That duty must be discharged in accordance with this statute. (c) Interpretation of powers. It is necessary that the powers conferred on the Board by this statute be liberally construed to protect the health, safety and welfare of the people of this territory. (d) Duties of the Board. The Board, within the context of this subchapter and the requirements of due process, shall have, at a minimum, the following powers and responsibilities: (1) Promulgate rules and regulations to effect the provisions of this statute and fulfill its duties: (2) Enforce the provisions of this chapter; (3) Select and administer licensing examination(s); (4) Evaluate medical education and training of applicants; (5) Evaluate previous professional performance of applicants; (6) Issue or deny initial licenses; (7) Approve or deny applications for license renewal based on the evaluation of adverse information, if any, relating to applicant's fitness, performance or practice; (8) Develop and implement methods to identify physicians who are in violation of the Medical Practice Act; (9) Receive, review and investigate complaints against practitioners for whose licensure they are responMedical Practice Actappropriate disciplinary action, including censure, probation, suspension or revocation of license when facts are substantiated to support such action; (10) Review and investigate reports received from law enforcement agencies, health care organizations, governmental agencies, insurers and other entities having information pertinent to the professional performance of licensees; (11) Issue subpoenas and subpoenas duces tecum, administer oaths, receive testimony and conduct hearings; (12) Discipline licensees found in violation of the Medical Practice Act; (13) Institute actions in its own name and enjoin violators of tMedical Practice Act Act; (14) Establish appropriate fees and charges to supMedical Practice Acte pursuit of its legal responsibilities; (15) Develop, adopt and submit to the Commissioner of Health its budget; (16) Develop educational programs to facilitate licensee awareness of provisions contained in the Medical Practice Act and to facilitate public awareness Medical Practice Act of state medical boards; (17) Establish by rule a mechanism, which at the Board's discretion, may involve cooperation with and/or participation by one or more Board-approved professional organizations, for the identification and monitored treatment of licensees who are dependent on or abuse alcohol or other addictive substances which have the potential to impair; (18) Establish by rule a mechanism by which licensees who believe they abuse or may be dependent on or addicted to alcohol or other addictive substances that have the potential to impair, and who have not been identified by the Board through other sources of information, will be encouraged to report themselves voluntarily to the Board and/or, at the Board's discretion, to a professional organization approved by the Board to seek assistance and monitored treatment; (19) Report all final disciplinary actions, license denials and voluntary license limitations or surrenders related to physicians, with any accompanying license limitations or surrenders related to physicians, with any accompanying Board orders, findings of fact and conclusions of law, to the Board Action Data Bank of the Federation of State Medical Boards of the United States the Commissioner of Health and to any other data repository required by law, and report all such actions, denials and limitations or surrenders related to other licensees, with the same supporting documentation, to the appropriate national practitioner data repositories recognized by the Board or required by law; (20) Act to halt the unlicensed or illegal practice of medicine and to seek penalties against those engaged in such practice; (21) Institute proceedings in courts of competent jurisdiction to enforce its orders and the provisions of this statute; and (22) Recommend to the Legislature those changes in or amendments to this statute that it determines would benefit the health, safety and welfare of the public. (e) Members of the Board, whether appointed or elected, shall serve staggered terms to ensure continuity. (f) The length of terms on the Board must be set to permit development of effective skill and experience by members. (g) Members of the Board shall receive a stipend of $100 for each meeting of the Board and reimbursement for expenses incurred in attending Board meetings. (h) A member of the Board is subject to removal only when the member: (1) ceases to be qualified; (2) is found guilty of a felony or an unlawful act involving moral turpitude by a court of competent jurisdiction; (3) is found guilty of malfeasance, misfeasance or nonfeasance in relation to the member's Board duties by a court of competent jurisdiction; (4) is found mentally incompetent by a court of competent jurisdiction; (5) fails to attend three successive Board meetings without just cause as determined by the Board or, if a new member, fails to attend a new member's training program without just cause as determined by the Board; (6) is found in violation of the Medical Practice Act; or (7) is found in violation of the conflict of interest or ethics law. (i) All medical professional members of the Board shall hold full and unrestricted medical licenses in the territory, shall be persons of recognized professional ability and integrity, and shall have resided and practiced in the jurisdiction long enough to have become familiar with policies and practice in the jurisdiction. (j) The Board may appoint committees from its membership. To effectively perform its duties under the Act, the Board may also hire, discipline and terminate staff, including an executive secretary or director. It shall also be assigned adequate legal counsel by the Office of the Attorney General and may employ private counsel or its own full-time attorney. (k) The Board shall conduct and new member must attend a training program designed to familiarize new members with their duties. (l) Travel, expenses and daily compensation shall be paid for each Board member's attendance, in or out of the territory, for education or training purposes approved by the Board and directly related to Board duties. (m) Telephone or other telecommunication conferences are an acceptable form of Board meeting for the purpose of taking emergency action to enforce the Medical Practice Act if the president alone or another officer and two Board members believe the situation precludes another form of meeting. The Board may establish procedures by which its committees may meet by telephone or other telecommunication conference system to take emergency action. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 20-23; amended Aug. 20, 2010, No. 7181, § 2, Sess. L. 2010, p. 113; amended May 19, 2021, No. 8455, § 1(a)(1), Sess. L. 2021, p. 31.

(a) Medical licensing examination. (1) No person shall receive a license to practice medicine in the jurisdiction unless the person has passed an examination or examinations satisfactory to the Board. (2) The Board shall approve the preparation and administration of an examination or examinations in English which it deems must be satisfactorily passed as part of its procedure for determining an applicant's qualification for the practice of medicine. Examinations shall be scored in a way to ensure the anonymity of applicants. (3) The Board shall stipulate the score required for passing the examination(s). The required passing score shall be set before the administration of the examination(s). (4) The Board may limit the number of times an examination may be taken, to require applicants to pass all examinations within a specified period of time, and to specify further medical education required for applicants unable to do so. (5) An applicant shall pay all examination fees prior to the examination being administered and no later than a date set by the Board. (b) Examination application. To apply for examination, an applicant shall provide the Board or its agent and attest to the following information and documentation no later than a date set by the Board: (1) the applicant's full name and all aliases or other names ever used, current address, Social Security Number and date and place of birth; (2) a recent signed photograph or other documentation of identity; (3) the name and location of the medical school of graduation, degree earned and date of graduation; (4) a history of graduate medical education, including the name and address of all programs and hospitals; (5) the original of all documents and credentials or notarized photocopies or other verification of such documents and credentials acceptable to the Board or its agent; and (6) any other information or documentation the Board or its agent determines necessary. (c) Examination security. Any individual found by the Board to have engaged in conduct that subverts or attempts to subvert the medical licensing examination process shall, at the discretion of the Board, have his scores on the licensing examination withheld and/or declared invalid, be disqualified from the practice of medicine and/or be subject to the imposition of other appropriate sanctions. The Federation of State Medical Boards of the United States shall be informed of all such actions. (1) Conduct that subverts or attempts to subvert the medical licensing examination process including, but is not limited to: (A) conduct that violates the security of the examination materials, such as removing from the examination room any of the examination materials; reproducing or reconstructing any portion of the licensing examination; aiding by any means in the reproduction or reconstruction of any portion of the licensing examination; selling, distributing, buying, receiving or having unauthorized possession of any portion of a future, current or previously administered licensing examination; (B) conduct that violates the standard of test administration, such as communicating with any other examinee during the administration of the licensing examination; copying answers from another examinee or permitting one's answers to be copied by another examinee during the administration of the licensing examination; having in one's possession during the administration of the licensing examination any books, notes, written or printed materials or data of any kind, other than the examination distributed; or (C) conduct that violates the credentialing process, such as falsifying or misrepresenting educational credentials or other information required for admission to the licensing examination; impersonating an examinee or having an impersonator take the licensing examination on one's behalf. (2) The Board shall provide written notification to all applicants for medical licensure of the prohibitions on conduct that subverts or attempts to subvert the licensing examination process and of the sanctions imposed for such conduct. A copy of such notification attesting that the applicant has read and understood the notification must be signed by the applicant and filed with his or her application. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 23-26.

(a) The applicant shall provide the Board and attest to, or provide the means to obtain and verify, the following information and documentation in a manner required by the Board: (1) the applicant's full name and all aliases or other names ever used, current address, Social Security number and date and place of birth; (2) a recent signed photograph and, at the board's discretion, other documentation of identity; (3) originals of all documents and credentials required by the Board, or notarized photocopies or other verification acceptable to the Board of such documents and credentials; (4) a list of all jurisdictions, United States or foreign, in which the applicant is licensed or has applied for licensure to practice medicine or is authorized or has applied for authorization to practice medicine; (5) a list of all jurisdictions, United States or foreign, in which the applicant has been denied licensure or authorization to practice medicine or has voluntarily surrendered a license or an authorization to practice medicine; (6) a list of all sanctions, judgments, awards, settlements or convictions against the applicant in any jurisdiction, United States or foreign. (7) a detailed educational history, including places, institutions, dates and program descriptions of all his or her education beginning with secondary schooling and including all college, pre-professional, professional and professional postgraduate education; (8) a detailed chronological life history, including places and dates of residence, employment and military service, United States or foreign; and (9) all Web sites associated with the applicant's practice; and (10) any other information or documentation the Board determines necessary. (b) The applicant shall possess the degree of Doctor of Medicine or Osteopathy from a medical college or school located in the United States, its territories or possessions or Canada that was approved by the Board or by a private nonprofit accrediting body approved by the Board at the time the degree was conferred. No person who graduated from a medical school that was not so approved at the time of graduation shall be examined for licensure or be licensed in this jurisdiction. (c) The applicant must be twenty-one years of age or over; (d) The applicant must have satisfactorily completed a postgraduate medical training program approved by the Board or by a private nonprofit accrediting body approved by the Board in an institution in the United States, its territories or possessions or Canada approved by the Board or by a private nonprofit accrediting body approved by the Board. The program must be at least thirty-six (36) months. If the program is less than 36 months, the applicant must be certified by the American Board of Medical Specialists, the American Osteopathic Association, or the Royal College of Physicians and Surgeons of Canada. (e) The applicant must have passed medical licensing examination(s) satisfactory to the Board. (f) The applicant must have demonstrated a familiarity with the statutes and regulations of the jurisdiction relating to the practice of medicine and the appropriate use of controlled or dangerous substances. (g) The applicant must be physically, mentally and professionally capable of practicing medicine in a manner acceptable to the Board and shall be required to submit to a physical, mental, professional competency or chemical dependency examination(s) or evaluation(s), if deemed necessary by the Board. (h) The applicant must not have been found guilty by a competent authority, United States or foreign, of any conduct that would constitute grounds for disciplinary action under the regulations of the Board or the act. The Board may, at its discretion, modify this restriction for cause, but it shall use such discretionary authority in a consistent manner. (i) The applicant may be required to make a personal appearance before the Board or a representative thereof for interview, examination or review of credentials. At the discretion of the Board, the applicant may be required to present his original medical education credentials for inspection at the time of personal appearance. (j) The applicant shall be held responsible for verifying to the satisfaction of the Board the validity of all credentials required for his medical licensure. The Board shall verify medical licensure credentials directly from primary sources and utilize recognized national physician information services (e.g., the Federation of State Medical Boards' Board Action Data Bank and Credentials Verification Service, the files of the American Medical Association and the American Osteopathic Association, and other national data banks and information resources). (k) The applicant must pay all fees and complete and attest to the accuracy of all application and information forms required by the Board. The Board shall require the applicant to authorize the Board to investigate and/or verify any information provided to it on the licensure application. (l) Applicants must satisfactorily pass a criminal background check. (m) The Board shall issue a license for the practice of medicine or related medical professions for a two- year period. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 26-28; amended Dec. 20, 2016, No. 7957, § 1(a)(1), Sess. L. 2016, p. 241; amended Jan. 6, 2019, No. 8163, § 1, Sess. L. 2018, p. 349; amended Dec. 30, 2020, No. 8435, § 1(a)(1), (2), Sess. L. 2020, p. 335.

(a) As used in this section: (1) "Board" means the Virgin Islands Board of Medical Examiners. (2) "Intern, resident, or fellow" means a physician in training in an accredited postgraduate training program. (3) "Limited medical registration" means a certificate that entitles the holder to practice medicine in a hospital or other institution licensed in the Virgin Islands and designated on the certificate of limited registration, or outside such hospital or other institution to treat patients under the supervision of a duly licensed physician under section 5 of this subchapter, or in any hospital, institution, clinic or program outside of the Virgin Islands affiliated for training purposes with the territorial hospital, institution or clinic designated on such certificate, which affiliation is approved by the Board. In all cases, the practice of medicine under a limited medical registration shall be in accordance with regulations promulgated by the hospital, institution or other clinic designated on the certificate. (b) Except for physicians licensed pursuant to section 5 of this subchapter, no person shall perform the duties of an intern, resident or fellow in the Virgin Islands without holding a limited medical registration certificate. (c) Limited medical registration shall only be granted to individuals appointed as intern, resident or, fellow in a hospital licensed in the Virgin Islands, or other institution or clinic for the purpose of obtaining training in a medical program accredited by the Accreditation Council for Graduate Medical Education, (ACGME), the American Osteopathic Association, (AOA), or other accrediting body approved by the Board, or to a fellow for the purpose of teaching, research and/or training in conjunction with a medical education program in a medical school accredited by the Liaison Committee for Medical Education (LCME) or by the Commission on Osteopathic College Accreditation (COCA). (d) It shall be the responsibility of each hospital, clinic or other institution to submit, upon request, a list of affiliated hospitals, institutions, clinics with existing training programs for interns, residents or, fellows. (e) Once a full license to practice medicine in the Virgin Islands has been granted, all concurrent limited medical registration privileges shall cease. (f) Limited Medical registration under this section may be revoked at any time by the Board. History: Added Jan. 12, 2024, No. 8788, § 2, Sess. L. 2023, p. -.

(a) Such applicants shall possess the degree of Doctor of Medicine, Bachelor of Medicine or a Board- approved equivalent based on satisfactory completion of educational programs acceptable to the Board. (b) Such applicants shall be eligible by virtue of their medical education and training for unrestricted licensure or authorization to practice medicine in the country in which they received that education and training. (c) Such applicants must pass an examination acceptable to the Board that adequately assesses the applicants' basic medical knowledge. (d) Such applicants shall be certified by the Educational Commission for Foreign Medical Graduates or its Board-approved successor(s), or by an equivalent Board-approved entity. (e) Such applicants shall have a demonstrated command of the English language satisfactory to the Board. (f) The applicant must have satisfactorily completed a postgraduate medical training program approved by the Board or by a private nonprofit accrediting body approved by the Board in an institution in the United States, its territories or possessions or Canada approved by the Board or by a private nonprofit accrediting body approved by the Board. The program must be at least thirty-six (36) months. (g) All credentials, diplomas and other required documentation in a foreign language submitted to the Board by or on behalf of such applicants must be accompanied by notarized English translations acceptable to the Board. (h) Such applicants must satisfy all of the applicable requirements of the United States Immigration and Naturalization Service. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, p. 29.

(a) The Board may establish regulations for issuance of an "Institutional Medical License". Such a license will: (1) be granted to an eligible Government physician in the employ of, under contract with the Government or public hospitals or any Federally Qualified Community Health Center (FQHC). If the applicant has an unrestricted license in any United States jurisdiction, no Special Purpose Examination of the Federation of State Medical Boards of the United States (SPEX) or other examination is required. (2) authorize a physician to practice only in a Government hospital, other Government health facility or any Federally Qualified Health Center (FQHC) under the direct supervision of the Medical Director of such hospital or facility or his designee who shall be a permanently licensed physician; and (3) not authorize a physician to provide for private patient care for a fee. (b) The Board shall require all permanent and institutional licensees to demonstrate periodically their professional competency by completing at least 25 hours of continuing medical education each year. However, the Board may maintain continuing medical education requirements in such number of hours as may be set by the Board, but under no circumstances less than 50 hours of continuing medical education over a two-year period. The Board shall approve criteria for and content of continuing medical education courses which shall consider equivalent national, state, and territorial educational courses, including those offered by a medical society or a specialty organization, to fulfill the requirements of this section. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 29-31; amended July 30, 2016, No. 7890, § 1(a)(1), Sess. L. 2016, p. 117; amended Dec. 20, 2016, No. 7957, § 1(a)(2)(A), (B), Sess. L. 2016, p. 241, 242; amended June 14, 2018, No. 8055, § 1(a)-(d), Sess. L. 2018, p. 87, 88; amended Dec. 30, 2020, No. 8435, § 1(a)(3), Sess. L. 2020, p. 335; amended May 19, 2021, No. 8455, § 1(a)(2), Sess. L. 2021, p. 31, 32.

(a) Range of actions. A range of disciplinary actions are available to the Board. These include, but are not limited to, the following: (1) revocation of the medical license; (2) suspension of the medical license, including summary suspension; (3) probation; (4) stipulations, limitations, restrictions and conditions relating to practice; (5) censure (including specific redress, if appropriate); (6) reprimand; (7) chastisement; (8) monetary redress to another party; (9) a period of free public or charity service, either medical or non-medical; (10) satisfactory completion of an educational, training and/or treatment program or programs; (11) fine; and (12) payment of disciplinary costs. The Board may, at its discretion, take such actions singly or in combination as the nature of the violation requires. (b) Letter of concern. The Board may issue a confidential, non-reportable letter of concern to a licensee when, though evidence does not warrant formal proceedings, the Board has noted indications of possible errant conduct by the licensee that could lead to serious consequences and formal action. In its letter of concern, the Board may also, at its discretion, request clarifying information from the licensee. (c) Examination/Evaluation. The Board may, at its discretion, require professional competency, physical, mental or chemical dependency examination(s) or evaluation(s) of any applicant or licensee, including withdrawal and laboratory examination of bodily fluids. (d) Grounds for action. The Board may take disciplinary action for unprofessional or dishonorable conduct, defined to mean, but not be limited to, the following: (1) fraud or misrepresentation in applying for or procuring a medical license or in connection with applying for or procuring periodic renewal of a medical license; (2) cheating on or attempting to subvert the medical licensing examination(s); (3) the commission or conviction of a gross misdemeanor or a felony, whether or not related to the practice of medicine, or the entry of a guilty or nolo contendere plea to a gross misdemeanor or a felony charge; (4) conduct likely to deceive, defraud or harm the public; (5) disruptive behavior and/or interaction with physicians, hospital personnel, patients, family members or others that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; (6) making a false or misleading statement regarding the licensees skill or the efficacy or value of the medicine, treatment or remedy prescribed by him or her or at his or her direction in the treatment of any disease or other condition of the body or mind; (7) representing to a patient that an incurable condition, sickness, disease or injury can be cured; (8) willfully or negligently violating the confidentiality between physician and patient except as required by law; (9) negligence in the practice of medicine as determined by the Board; (10) being found mentally incompetent or of unsound mind by any court of competent jurisdiction; (11) being physically or mentally unable to engage safely in the practice of medicine; (12) practice or other behavior that demonstrates an incapacity or incompetence to practice medicine; (13) the use of any false, fraudulent or deceptive statement in any document connected with the practice of medicine; (14) practicing medicine under a false or assumed name; (15) aiding or abetting the practice of medicine by an unlicensed, incompetent or impaired person; (16) allowing another person or organization to use the licensees' license to practice medicine; (17) commission of any act of sexual misconduct, including sexual contact with patient surrogates or key third parties, which exploits the physician-patient relationship in a sexual way; (18) habitual or excessive use or abuse of drugs, alcohol or other substances that impair ability; (19) prescribing, selling, administering, distributing, ordering or giving any drug legally classified as a controlled substance or recognized as an addictive or dangerous drug for other than medically accepted therapeutic purposes; (20) prescribing, selling, administering, distributing, ordering or giving to an habitue or addict or any person previously drug dependent, any drug legally classified as a controlled substance or recognized as an addictive or dangerous drug, except as otherwise permitted by law or in compliance with rules, regulations or guidelines for use of controlled substances and the management of pain as promulgated by the Board; (21) prescribing, selling, administering, distributing, ordering or giving any drug legally classified as a controlled substance or recognized as an addictive or dangerous drug to a family member or to the licensee; (22) violating any territorial or federal law or regulation relating to controlled substances; (23) obtaining any fee by fraud, deceit or misrepresentation; (24) employing abusive billing practices; (25) directly or indirectly giving or receiving any fee, commission, rebate or other compensation for professional services not actually and personally rendered, though this prohibition does not preclude the legal functioning of lawful professional partnerships, corporations or associations; (26) disciplinary action of another state or jurisdiction against a license or other authorization to practice medicine based upon acts or conduct by the licensee similar to acts or conduct that would constitute grounds for action as defined in this section, a certified copy of the record of the action taken by the other state or jurisdiction being conclusive evidence thereof; (27) failure to report to the Board any adverse action taken against the licensee by another licensing jurisdiction, United States or foreign, by any peer review body, by any health care institution, by any professional or medical society or association, by any governmental agency, by any law enforcement agency or by any court for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section; (28) failure to report to the Board surrender of a license or other authorization to practice medicine in another state or jurisdiction, or surrender of membership on any medical staff or in any medical or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section; (29) any adverse judgment, award or settlement against the licensee resulting from a medical liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section; (30) failure to report to the Board any adverse judgment, settlement or award arising from a medical liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section; (31) failure to provide pertinent and necessary medical records to another physician or patient in a timely fashion when legally requested to do so by the subject patient or by a legally designated representative of the subject patient; (32) improper management of medical records, including failure to maintain timely, legible, accurate, and complete medical records and to comply with the Standards for Privacy of Individually Identifiable Health Information, 45 CFR Part 160 and 164, of the Health Insurance Portability and Accountability Act of 1996. (33) failure to furnish the Board, its investigators or representatives, information legally requested by the Board; (34) failure to cooperate with a lawful investigation conducted by the Board; (35) violation of any provision(s) of the Medical Practice Act or the rules and regulations of the Board or of an action, Medical Practice Actgreement of the Board; (36) engaging in conduct calculated to or having the effect of bringing the medical profession into disrepute, including but not limited to, violation of any provision of a national code of ethics acknowledged by the Board; (37) failure to follow generally accepted infection control procedures; (38) failure to comply with any state statute or board regulation regarding a licensee's reporting responsibility for HIV, HVB (hepatitis B virus) or HVC (hepatitis C virus) sero-positive status; (39) practicing medicine in another state or jurisdiction without appropriate licensure; (40) conduct which violates patient trust and exploits the physician-patient relationship for personal gain; (41) failure to refer, failure to offer appropriate procedures/studies, failure to protest inappropriate managed care denials, failure to provide necessary service or failure to refer to an appropriate provider when such actions are taken for the sole purpose of positively influencing the physician's or the plan's financial well being; (42) providing treatment or consultation recommendations, including issuing a prescription, via electronic or other means, unless the physician has obtained a history and physical evaluation of the patient adequate to establish diagnosis and identify underlying conditions and/or contra-indications to the treatment recommended/provided; and (43) false, fraudulent or deceptive testimony given by a medical professional while serving as an expert witness. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 31-36.

(a) Board authority. The Board may commence legal action to enforce the provisions of the Medical Practice Act and may exercise full discretion and authority with respect to disciplinary actions. (b) Administrative procedures. The existing administrative procedures act or similar statute, in whole or in part must either be applicable to or serve as the basis of the procedural provisions of the Medical Practice Act. The procedural provisions must provide for investigation of charges by the Board; notice of charges to the accused; an opportunity for a fair and impartial hearing for the accused before the Board; an opportunity for representation of the accused by counsel; the presentation of testimony, evidence and argument; subpoena power and attendance of witnesses; a record of proceedings; and judicial review by the courts in accordance with the standards established by the jurisdiction for such review. The Board shall have subpoena authority to conduct comprehensive reviews of a physician's patient and office records and administrative authority to access otherwise protected peer review records. (c) Standard of proof. The Board may use preponderance of the evidence as the standard of proof in its role as trier of fact. (d) Informal conference. Should there be an open meeting law, an exemption to it shall be authorized to permit the Board, at its discretion, to meet in informal conference with an accused licensee who seeks or agrees to such a conference. Disciplinary action taken against a licensee as a result of such an informal conference and agreed to in writing by the Board and the accused licensee shall be binding and a matter of public record. However, license revocation and suspension must be dealt with in open hearing. The holding of an informal conference does not preclude an open hearing if the Board determines such is necessary. (e) Summary suspension. The Board may summarily suspend a license prior to a formal hearing when it believes such action is required due to imminent threat to public health and safety. The Board may summarily suspend a license by means of a vote conducted by telephone conference call or other electronic means if appropriate Board officials believe such prompt action is required. Proceedings for a formal hearing must be instituted simultaneously with the summary suspension. The hearing must be set within a reasonable time (e.g., 15 to 30 days) from the date of the summary suspension. No court shall be empowered to lift or otherwise interfere with such suspension while the Board proceeds in a timely fashion. (f) Cease and desist orders and injunctions. The Board may issue a cease and desist order and/or obtain an injunction to restrain any person or any corporation or association and its officers and directors from violating the provisions of the Medical Practice Act. Violation of an injunction is punishable as contempt of court. No proof of actual damage to any person shall be required for issuance of a cease and desist order and/or an injunction, nor shall issuance of an injunction relieve those enjoined from criminal prosecution for violation of the Medical Practice Act. (g) Board action reports. All the Board's final disciplinary actions and license denials, including related findings of fact and conclusions of law, shall be matters of public record. Such actions and denials shall be promptly reported, to the commissioner of Health and to the Board Action Data Bank of the Federation of State Medical Boards of the United States within 30 days of the action being taken, to any other data repository required by law and to the media. Voluntary surrender of and voluntary limitation(s) on the medical license of any person shall also be matters of public record and shall also be reported, to the Commissioner of Health and to the Federation of State Medical Boards of the United States and to any other data repository required by law. (h) Tolling periods of license suspension or restriction. The Board shall provide, in cases of license suspension or restriction, that any time during which the disciplined physician practices in another jurisdiction without comparable restriction shall not be credited as part of the period of suspension or restriction. (i) The Board may at its discretion, share investigative and adjudicatory files with other state and territorial medical boards. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 36-38.

(a) The Board may at its discretion, require a licensee or applicant to submit to a mental or physical examination or a chemical dependency evaluation conducted by an independent evaluator designated by the Board. The results of the examination or evaluation are admissible in any hearing before the Board, despite any claim of privilege under a contrary rule or statute. Every person who receives a license to practice medicine or who files an application for a license to practice medicine shall be deemed to have given consent to submit to mental or physical examination or a chemical dependency evaluation, and to have waived all objections to the admissibility of the results in any hearing before the Board. If a licensee or applicant fails to submit to an examination or evaluation when properly directed to do so by the Board, unless failure was due to circumstances deemed to be beyond the licensee's control, the Board shall enter a final order upon proper notice, hearing and proof of refusal. (b) If the Board finds, after examination and hearing, that a licensee is impaired, it [sic] the Board may take one or any combination of the following actions: (1) direct the licensee to submit to care, counseling or treatment acceptable to the Board; (2) suspend, limit or restrict the physician's medical license for the duration of the impairment; or (3) revoke the physician's medical license. (c) Any licensee or applicant who is prohibited from practicing medicine under this section shall, at reasonable intervals, be afforded an opportunity to demonstrate to the satisfaction of the Board that he can resume or begin the practice of medicine with reasonable skill and safety. A license shall not be reinstated, however, without the payment of all applicable fees and the fulfillment of all requirements as if the applicant had not been prohibited. (d) Impaired Physician Program. While all impaired physicians must be reported to the Board in accord with the mandatory reporting requirements of the Medical Practice Act, unidentified and unreported impaired physicians must be encouraged to seek treatment. To this end, the Board may, at its discretion, establish rules and regulations for the review and approval of a medically directed Impaired Physician Program (hereinafter IPP). Those conducting a Board-approved IPP treatment program are exempt from the mandatory reporting requirements relating to an impaired physician who is participating satisfactorily in the program, or the Board shall hold its report in confidence and without action, unless or until the impaired physician ceases to participate satisfactorily in the program. The Board shall require that any impaired physician whose participation in an approved IPP is unsatisfactory be reported to the Board as soon as that determination is made. Participation in an approved IPP does not protect an impaired physician from Board action resulting from a report of the physician's impairment from another source. The Board shall be the final authority for approval of an IPP, shall conduct a review of its approved program(s) on a regular basis, and may withdraw or deny its approval at its discretion. The IPP shall be required to report to the Board information regarding any violation of the Medical Practice Act by an IPP participant even if the violation is unrelated to the individual's impairment. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 38, 39.

(a) The Medical Practice Act shall provide for the restriction, suspension, revocation or denial of the medical license of any physician who is determined by the Board to be dyscompetent or incompetent. (b) The Board may develop and implement methods to identify dyscompetent physicians and physicians who fail to provide quality care. The Board may also develop and implement methods to assess and improve physician practice. (c) The Board shall have access to an assessment program approved by the Board and charged with assessing the clinical competency of physicians. (d) The Board may, at its discretion, require a licensee or an applicant for licensure to undergo a physician competency evaluation conducted by an independent evaluator designated by the Board. The results of the assessment are admissible in any hearing before the Board, despite any claim of privilege under a contrary rule or statute. Every person who receives a license to practice medicine or who files an application for a license to practice medicine shall be deemed to have given consent to submit to a physician competency evaluation, and to have waived all objections to the admissibility of the results in any hearing before the Board. If a licensee or applicant fails to submit to a competency assessment when properly directed to do so by the Board, unless failure was due to circumstances deemed to be beyond the licensee's control, the Board shall enter a final order upon proper notice, hearing and proof of refusal to submit to such an evaluation. (e) If the Board finds, after evaluation by the assessment program, that a licensee or applicant for licensure is unable to competently practice medicine, the Board may take one or any combination of the following actions: (1) suspend, revoke or deny the physician's medical license; (2) restrict or limit the physician's practice only to those areas of demonstrated competence; or (3) direct the licensee to submit to a remediation program, aimed at resolving any identified deficits in medical knowledge or clinical skills, acceptable to the Board. (f) Any licensee or applicant for licensure who is prohibited from practicing medicine under this section shall, at reasonable intervals, be afforded an opportunity to demonstrate to the satisfaction of the Board that he can resume or begin the practice of medicine with reasonable skill and safety. A license shall not be reinstated, however, without the payment of all applicable fees and the fulfillment of all requirements as if the applicant had not been previously prohibited. (g) The Board may require the assessment program to provide to the Board a written report of the results of the assessment with recommendations for remediation of the identified deficiencies. (h) The Board shall have access to remedial medical education programs for referral of physicians in need of remediation. Such programs shall be approved by the Board and incorporate and comply with standards set by the Board. During remediation, the program shall provide, at intervals determined by the Board, written reports to the Board on the physician's progress. Upon completion of the remediation program, the program shall provide a written report to the Board addressing the remediation of the previously identified areas of deficiency. The Board may mandate that the physician undergo post-remediation assessment to identify areas of continued deficit. All expenses incurred as part of the assessment and the remediation shall be the sole responsibility of the physician. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 39-41.

(a) Any person may report to the Board in a manner prescribed by the Board, any information he has reason to believe indicates a medical licensee is or may be medically incompetent, guilty of unprofessional conduct, or mentally or physically unable to engage safely in the practice of medicine. (b) The following are required to report to the Board promptly and in writing any information that indicates a licensee is or may be medically incompetent, guilty of unprofessional conduct or mentally or physically unable to engage safely in the practice of medicine; and any restriction, limitation, loss or denial of a licensee's staff privileges or membership that involves patient care: (1) all physicians licensed under this subchapter; (2) all licensed health care providers; (3) the territorial medical association and its components; (4) all hospitals and other health care organizations in the Territory, including hospitals, medical centers, managed care organizations, ambulatory surgi-centers, clinics, group practices and other health care facilities; (5) all territorial agencies; (6) all law enforcement agencies in the state; (7) all courts in the Virgin Islands; (8) all peer review bodies in the Territory; and (9) resident training program directors. (c) A medical licensee's voluntary resignation from the staff of a health care organization or voluntary limitation of his privileges at such an organization must be promptly reported to the Board by the organization and the licensee if that action occurs while the licensee is under formal or informal investigation by the organization or a committee thereof for any reason related to possible medical incompetence, unprofessional conduct or mental or physical impairment. (d) Malpractice insurance carriers and affected licensees shall be required to file with the Board a report of each final judgment, settlement or award against insured licensees. All such reports must be made to the Board within 30 days of such findings. (e) The Board may investigate any evidence that appears to show a licensee is or may be medically incompetent, guilty of unprofessional conduct, or mentally or physically unable to engage safely in the practice of medicine. (f) Any person, institution, agency or organization required to report under this provision of the Medical Practice Act or related rules and regulations, who does so in good faith shall not be subject to civil damages or criminal prosecution for so reporting. (g) To assure compliance with compulsory reporting requirements, the Board shall establish specific civil penalties for demonstrated failure to report. (h) The Board shall promptly acknowledge all reports received under this section. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 41, 42.

The Medical Practice Act provides legal protection for the members of the Board and its staff and for those providing information to the Board in good faith. (a) Immunity. There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any current or former member, officer, administrator, staff member, committee member, examiner, representative, agent, employee, consultant, witness or any other person serving or having served the Board, either as a part of the Board's operation or as an individual, as a result of any act, omission, proceeding, conduct or decision related to his duties undertaken or performed in good faith and within the scope of the function of the Board. (b) Indemnity. If a current or former member, officer, administrator, staff member, committee member, examiner, representative, agent, employee, consultant or any other person serving or having served the Board requests the Government to defend him against any claim or action arising out of any act, omission, proceeding, conduct or decision related to his duties undertaken or performed in good faith and within the scope of the function of the Board, and if such a request is made in writing at a reasonable time before trial, and if the person requesting defense cooperates in good faith in the defense of the claim or action, the Territory shall provide and pay for such defense and shall pay any resulting judgment, compromise or settlement. (c) Protected communication. Every 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, shall be permitted against any such person, institution, agency or organization by whom or on whose behalf such a communication was made in good faith. The protections afforded in this section shall not be construed as prohibiting a respondent or the respondent's legal counsel from exercising the respondent's constitutional right of due process under the law. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 42, 43.

(a) At the time of periodic renewal, the Board shall require the licensee to demonstrate to its satisfaction the licensee's continuing qualification for medical licensure. The application form for license renewal shall be designed to require the licensee to update and add to the information in the Board's file relating to the licensee and the licensee's professional activity. It shall also require the licensee to report to the Board the following information: (1) Any action taken against the licensee by: (A) any jurisdiction or authority (United States or foreign) that licenses or authorizes the practice of medicine; (B) any peer review body; (C) any specialty certification board; (D) any health care organization; (E) any professional medical society or association; (F) any law enforcement agency; (G) any court; or (H) any governmental agency or any Federally Qualified Community Health Center (FQHC) for acts or conduct similar to acts or conduct described in the Medical Practice Act as grounds for disciplinary action; (2) Any Medical Practice Act, settlement or award against the licensee arising from a professional liability claim; (3) The licensee's voluntary surrender of or voluntary limitation on any license or authorization to practice medicine in any jurisdiction, including military, public health and foreign; (4) Any denial to the licensee of a license or authorization to practice medicine by any jurisdiction, including military, public health and foreign; (5) The licensee's voluntary resignation from the medical staff of any health care organization or voluntary limitation of his or her staff privileges at such an organization if that action occurred while the licensee was under formal or informal investigation by the organization or a committee thereof for any reason related to possible medical incompetence, unprofessional conduct or mental or physical impairment; (6) The licensee's voluntary resignation or withdrawal from a national, state or county medical society, association or organization if that action occurred while the licensee was under formal or informal investigation or review by that body for any reason related to possible medical incompetence, unprofessional conduct or mental or physical impairment; (7) Whether the licensee has abused or has been addicted to or treated for addiction to alcohol or any chemical substance during the registration period; (8) Whether the licensee has had any physical injury or disease or mental illness within the registration period that affected or interrupted his or her practice of medicine; or (9) The licensee's completion of continuing medical education or other forms of professional maintenance and/or evaluation, including specialty board certification or recertification, within the registration period. (b) The Board may, at its discretion, require continuing medical education for license renewal and require documentation of that education. (c) The licensee shall be required to sign the application form for license renewal. Failure to report fully and correctly shall be grounds for disciplinary action by the Board. (d) The Board shall establish an effective system for reviewing renewal forms. The Board may also initiate investigations or disciplinary proceedings based on information submitted by licensees for license renewal. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 43-45.

(a) The Medical Practice Act shall not apply to: (1) students while engaged in training in a medical school approved by the state medical board; (2) those providing service in cases of emergency where no fee or other consideration is contemplated, charged or received; (3) commissioned medical officers of the armed forces of the United States and medical officers of the United States Public Health Service or the Veterans Administration of the United States in the discharge of their official duties and/or within federally controlled facilities, provided that such persons who hold medical licenses in the jurisdiction are subject to the provisions of this subchapter, and provided that all such persons must be fully licensed to practice medicine in one or more jurisdictions of the United States; (4) those practicing dentistry, nursing, optometry, podiatry, psychology or any other of the healing arts in accord with and as provided by the laws of the jurisdiction; (5) those practicing the tenets of a religion or ministering to the sick or suffering by mental or spiritual means in accord with such tenets, provided that no person is exempt from the public health laws of the jurisdiction or the federal government; (6) a person administering a lawful domestic or family remedy to a member of the person's own family; or (7) those persons who are fully licensed to practice medicine in another jurisdiction of the United States who briefly render emergency medical treatment or briefly provide critical medical service at the specific lawful direction of a medical institution or federal agency that assumes full responsibility for that treatment or service and is approved by the Virgin Islands Board of Medical Examiners. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 45, 46.

(a) It shall be declared unlawful for any person, corporation or association to perform any act constituting the practice of medicine as defined in the Medical Practice Act without first obtaining a medical license in accord with that act and the rules and regulations of the Board. (b) The Board may issue a cease and desist order and/or obtain injunctive relief against the unlawful practice of medicine by any person, corporation or association. (c) A person, corporation or association performing any act constituting the practice of medicine as defined in the Medical Practice Act, or causing or aiding and abetting such action, shall be deemed guilty of a felonious offense. (d) A physician located in another state practicing within the territory by electronic or other means without a license (full, special purpose or otherwise) issued by the Board shall be deemed guilty of a felonious offense. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, p. 46.

The Board shall adopt rules and regulations consistent with this subchapter and may amend, repeal and enforce those rules and regulations to carry out the provisions of the Medical Practice Act and to fulfill its duties under the act. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, p. 46.

(a) The Board must be fully supported by the revenues generated from its activities, including fees, charges and reimbursed costs. All such revenues, with the exception of fines and initial application fees, shall be deposited in the General Fund. All fines levied by the Board and application fees shall be deposited into the Virgin Islands Board of Medical Examiner's account. (b) The Board may set fees and charges pursuant to its proposed budget needs. Reasonable notice must be provided for all increases or decreases in fees and charges. (c) The Board shall operate on the same fiscal year as the Government of the Virgin Islands. History: Added Apr. 12, 2008, No. 6995, § 1, Sess. L. 2008, pp. 46, 47.

(a) Short title. This section may be cited as the "Truth in Health Care Professional Services Act". (b) Purpose. The Legislature of the Virgin Islands hereby finds and declares that: (1) There are widespread differences regarding the training and qualifications required to earn professional degrees and these differences often concern the training and skills necessary to correctly detect, diagnose, prevent, and treat illnesses or health care conditions. (2) There is a compelling government interest in patients being promptly and clearly informed of the training and qualifications of the health care professionals who provide health care services. (3) There is a compelling government interest in the public being protected from potentially misleading and deceptive health care advertising that might cause patients to have undue expectations regarding their treatment and outcome. (c) Definitions. For the purposes of this section: "Advertisement" means any communication or statement, whether printed, electronic, or oral, that names the health care professional in relation to his or her practice, profession, or institution in which the individual is employed, volunteers, or otherwise provides health care services. This includes business cards, letterheads, patient brochures, e-mail, internet, audio, and video, and any other communication or statement used in the course of business. "Deceptive" or "misleading" includes any advertisement or affirmative communication or representation for health care services that misstates, falsely describes, or falsely represents the health care professional's skills, training, expertise, education, board certification, or licensure. "Health care professional" means any person who treats human ailments and is subject to licensure or regulation by the government, including students and residents. "Licensee" means a health care professional who holds an active license with the licensing board governing his or her practice in the Territory. (d) Requirements. (1) An advertisement for health care services must identify the type of license held by the health care professional advertising or providing services pursuant to the definitions, titles, and initials authorized under his or her licensing statute or examination designations required for licensure under the professional's licensing statute. The advertisement shall be free from any and all deceptive or misleading information. (2) A health care professional providing health care services in the Territory must conspicuously post and affirmatively communicate the professional's specific licensure by doing the following: (A) The health care professional shall wear a name tag during all patient encounters that clearly identifies the type of license held by the health care professional, unless precluded by adopted sterilization or isolation protocols. The name tag shall be of sufficient size and be worn in a conspicuous manner so as to be visible and apparent. (B) If the health care professional has an office in which he or she sees current or prospective patients, then the health care professional shall display in his or her office a writing that clearly identifies the type of license held by the health care professional. The writing must be of sufficient size so as to be visible and apparent to all current and prospective patients. (C) The health care professional must only use the licensure titles or initials authorized by the professional's licensing statute, examination designations required for licensure under the professional's licensing statute, or the titles authorized by the professional licensing statute for students in training. (3) A health care professional who practices in more than one practice setting shall comply with these requirements in each practice setting. (4) Health care professionals working in non-patient care settings, and who do not have any direct patient care interactions, are not subject to the provisions of subsections (d)(2) and (d)(3) of this section. (5) Under this section, a health care professional who is a student or resident and does not have a government license shall only be required to wear a name tag that clearly identifies himself or herself by name and as a student or resident, as authorized by the professional licensing statute. (e) Violations and enforcement. (1) Failure to comply with any provision under this section shall constitute a violation under this section. (2) Each day this section is violated shall constitute a separate offense and shall be punishable as such. (3) Any health care professional who violates any provision of this Act is guilty of unprofessional conduct and subject to disciplinary action under the appropriate provisions of the specific statute governing that health care profession. (f) Effective date. This section takes effect ninety (90) days after enactment. History: Added Oct. 5, 2012, No. 7411, § 1, Sess. L. 2012, p. 283-285.

Virgin Islands No physician may be employed or placed on contract with the Government of the Virgin Islands unless the physician is board-eligible or board-certified. This section does not apply to physicians employed with or under contract with the Government of the Virgin Islands before the effective date of this section. History: Added Dec. 30, 2020, No. 8435, § 1(a)(4), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 28, 1988, No. 5402, § 4(d), Sess. L. 1988, p. 389.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

History: Repealed. Dec. 30, 2020, No. 8435, § 1(b), Sess. L. 2020, p. 335.

For the purposes of this subchapter: (a) "Distant site" means the telemedicine site where the provider group is providing medical services to a patient at a distance or consulting with a patient's provider remotely. (b) "Licensure for Telemedicine" means a telemedicine license or any current Virgin Islands physician licensure, including unrestricted, institutional, special restricted and special unrestricted. (c) "Originating site" means the location of the patient or attending healthcare professional anywhere within the Territory. (d) "Telemedicine" means the use of medical information exchanged from one distant site to another via electronic communications to improve, maintain, or assist patients' health status. Videoconferencing, transmission of still images, and e-health including patient centers are all considered part of telemedicine and telehealth. (e) "Telemedicine services" means specialist referral services, patient consultations, remote patient monitoring, medical education, and consumer medical and health information, that are performed as part of a telemedicine procedure. (f) "Telemedicine services agreement" means a cooperative agreement within the Territory or between a hospital or licensed physician in the Territory and one outside the Territory for improved health care delivery, including but not limited to tele-stroke/neurology and tele-radiology, in order to decrease patient and physician travel and enhance inter-facility cooperation. History: Added Dec. 14, 2012, No. 7449, § 1, Sess. L. 2012, p. 349-352; amended June 14, 2018, No. 8055, § 2(a)(1)-(3), Sess. L. 2018, p. 88; amended July 9, 2018, No. 8063, § 7, Sess. L. 2018, p. 122.

In the interests of public health, safety and welfare, and to protect the people from the unprofessional, improper and incompetent practice of telemedicine, it is the responsibility of the Legislature to enact laws regulating the granting and subsequent use of the privilege to practice medicine and to ensure, as much as possible, that only qualified and fit persons hold that privilege. The fundamental purpose of this statute is to protect the public, and any license, certificate or other practice authorization issued pursuant to this statute shall be a revocable privilege, and no holder of such a privilege shall acquire thereby any irrevocable right. History: Added Dec. 14, 2012, No. 7449, § 1, Sess. L. 2012, p. 349-352.

The Virgin Islands Board of Medical Examiners shall regulate the practice of telemedicine in the Territory in accordance with the provisions of this subchapter and the following: (a) No person shall practice or attempt to practice medicine at a distant site between the Virgin Islands and a foreign jurisdiction. (b) No person shall practice or attempt to practice medicine at a distant site between the Virgin Islands and another United States jurisdiction without first complying with the provisions of this subchapter and without being a holder, of a Virgin Islands medical license. (c) Telemedicine services in the Territory shall operate in accordance with current accepted core standards for telemedicine operations. History: Added Dec. 14, 2012, No. 7449, § 1, Sess. L. 2012, p. 349-352; amended June 14, 2018, No. 8055, § 2(b)(1)-(3), Sess. L. 2018, p. 88.

The Board of Medical Examiners may establish regulations for telemedicine licensure as follows: (a) The Board of Medical Examiners shall issue a telemedicine license to authorize certain physicians, who hold a full and unrestricted license to practice medicine in another state or territory of the United States, to provide telemedicine services in the Virgin Islands. Telemedicine licenses shall be without private practice rights and without subversion of reciprocity. Any healthcare professional licensed in the Virgin Islands may practice telemedicine without restriction. (b) [Deleted]. (c) The Board of Medical Examiners shall establish by rules and regulations the requirements for telemedicine licensure in accordance with this subchapter, provided that the rules and regulations include the following: (1) A physician holding only a telemedicine license under this subchapter shall not open an office in the Virgin Islands, shall not meet with patients in the Virgin Islands, and shall not receive calls from patients in the Virgin Islands. (2) The physician, when examining a patient by telemedicine, shall establish a bona fide physician- patient relationship by: (A) Establishing a relationship and coordinating with the patient's Virgin Islands-licensed healthcare professional. (B) Establishing a diagnosis through the use of accepted medical practices including, but not limited to, patient history, mental status and appropriate diagnostic and laboratory testing. (C) Discussing with the patient any diagnosis as well as the risks and benefits of various treatment options. (D) Ensuring the availability for appropriate follow-up care. (E) Fulfilling any other requirements as deemed appropriate and necessary by the Board of Medical Examiners. (d) Any physician licensed to practice telemedicine in accordance with this subchapter, shall be subject to the provisions of this subchapter, the jurisdiction of the Board of Medical Examiners, applicable Virgin Islands law, and the jurisdiction of the courts of the Virgin Islands with respect to providing medical services to Virgin Islands residents. (e) The Department of Health and the Territory's hospitals and medical centers and Virgin Islands-licensed health care professionals are authorized to bill third-party payers for consultations and follow-up care provided by licensed providers of telemedicine services. History: Added Dec. 14, 2012, No. 7449, § 1, Sess. L. 2012, p. 349-352; amended June 14, 2018, No. 8055, §§ 2(c)(1)-(6), Sess. L. 2018, p. 88, 89; amended Oct. 12, 2018, No. 8130, § 2, Sess. L. 2018, p. 248; amended Nov. 10, 2018, No. 8140, § 2, Sess. L. 2018, p. 307; amended Nov. 10, 2018, No. 8146, § 1, Sess. L. 2018, p. 312.

As used in this subchapter- "Physician assistant" means a person who has graduated from a physician assistant or surgeon assistant program accredited by the Commission on Accreditation of Allied Health Education Programs, or by the predecessor or successor agency, and/or a person who has passed the certifying examination administered by the National Commission on Certification of Physician Assistants. "Board" means the Virgin Islands Board of Medical Examiners. "Supervising physician" means an M.D., D.O., or D.P.M. licensed by the Board, who supervises physician assistants. "Supervision" means overseeing the activities of, and accepting responsibility for, the medical services rendered by a physician assistant as provided in section 50k. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, p. 167; amended May 7, 2020, No. 8296, § 2, Sess. L. 2020, p. 35.

Except as otherwise provided in this subchapter, the Board shall license an individual before the individual may practice as a physician assistant. The Board may grant a license as a physician assistant to an applicant who: (1) submits an application on forms approved by the Board; (2) pays the appropriate fee as determined by the Board; (3) has successfully completed an educational program for physician assistants or surgeon assistants accredited by the Commission on Accreditation of Allied Health Education Program, or by the predecessor or successor agency, or has passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants; (4) certifies that he is mentally and physically able to engage safely in practice as a physician assistant; (5) has no licensure, certification, or registration as a physician assistant under current discipline, revocation, suspension, or probation for cause resulting from the applicant's practice as a physician assistant, unless the Board considers such condition and agrees to licensure; (6) is of good moral character; (7) submits to the Board any other information the Board considers necessary to evaluate the applicant's qualifications; or (8) has on the effective date of this section worked as a Physician Assistant for any health facility under the auspices of the Department of Health, the semi-autonomous hospitals and the non-profit incorporated health centers for a period of at least three years; and (9) has been approved by the Board. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, pp. 167, 168; amended Aug. 31, 2005, No. 6755, § 9, Sess. L. 2005, p. 230; Apr. 12, 2008, No. 6995, § 2, Sess. L. 2008, p. 47.

The Board may grant a graduate license to an applicant who meets the qualifications for licensure except that the applicant has not yet taken the national certifying examination or is awaiting the results. (a) A graduate license is valid (1) for one year from the date of issuance; (2) until the results of an applicant's examination are available or; (3) until the Board makes a final decision on the applicant's request for licensure, whichever comes first. (b) A graduate licensee who has not yet taken the examination shall take the next available examination. Failure to do so is ground for revocation of the graduate license, unless the graduate licensee is unable to take the examination due to an emergency circumstance accepted as such by the Board. The Board may extend a graduate license, upon a majority vote of the board members, for a period not to exceed one year. Under no circumstances may the Board grant more than one extension of a graduate license. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, pp. 168, 169.

A temporary license may be granted to an applicant who meets all the qualifications for licensure but is awaiting the next scheduled meeting of the Board. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, p. 169.

Any physician assistant who notifies the Board in writing on forms prescribed by the Board may elect to place his license on an inactive status. A physician assistant with an inactive license is excused from payment of renewal fees and may not practice as a physician assistant. Any person who engages in practice as a physician assistant while his license is lapsed or on inactive status is considered to be practicing without a license, which is ground for discipline under section 50n. A physician assistant requesting restoration from inactive status shall pay a renewal fee and shall meet the criteria for renewal as specified in section 50f. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, p. 169.

Each person who holds a license as a physician assistant in this Territory shall, upon notification from the Board, renew the license by (1) submitting the appropriate fee as determined by the Board; (2) completing the appropriate forms; and (3) meeting any other requirements set forth by the Board. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, p. 169.

Nothing in this subchapter may be construed to require licensure under this subchapter if: (1) a physician assistant student enrolled in a physician assistant or surgeon assistant educational program accredited by the Commission on Accreditation of Allied Health Education Programs, or by a successor agency; (2) a physician assistant employed in the service of the federal government while performing duties incident to that employment; or (3) technicians, other assistants or employees of physicians who perform physician delegated tasks, but who are not rendering services as a physician assistant or identifying themselves as a physician assistant. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, pp. 169-170.

Physician (a) Physician assistants practice medicine with physician supervision, as provided in section 50j. Physician assistants may perform those duties and responsibilities, including the ordering, prescribing and dispensing and administering of drugs and medical devices that are delegated by their supervising physician or physicians. (b) Physician assistants may provide any medical service that is delegated by the supervising physician when the service is within the physician assistant's skills, forms a component of the physician's scope of practice, and is provided with supervision. Physician assistants may not perform any tasks that are outside of the scope of practice of the supervising physician or physicians. The scope of practice of a supervising physician encompasses those tasks that the physician has adequate training and experience to perform. Each supervising physician must submit his written attestation to the Virgin Islands Board of Medical Examiners stating that he has adequate training and experience for the physician assistant duties that he will supervise. Within 20 business days of the date of initiation, change, or termination of a contract to supervise a physician assistant, each physician with the respective change in supervising capacity of a physician assistant must submit to the Virgin Islands Board of Medical Examiners an update of his physician assistant's scope of service parameters. (c) With the supervising physician's approval, physician assistants may pronounce death and may authenticate with their signature any form that may be authenticated by a physician's signature. (d) Physician assistants shall be considered the agents of their supervising physicians in the performance of all practice-related activities, including but not limited to, the ordering of diagnostic, therapeutic, and other medical services. History: Added July 18, 2012, No. 7377, § 1, Sess. L. 2012, pp. 168-171.

(a) A physician assistant may prescribe, dispense, and administer drugs and medical devices to the extent delegated by the supervising physician. These drugs include non-narcotic drugs and Schedule II through V narcotic drugs in any outpatient or inpatient selling. (b) Deleted. (c) All dispensing activities of physician assistants must: (a) Comply with appropriate federal and territorial regulations; and (b) Occur when pharmacy services are not reasonably available, when it is in the best interest of the patient, or when it is an emergency. (d) Physician assistants may request, receive, and sign for professional samples and may distribute professional samples to patients. (d) Physician assistants authorized to prescribe controlled substances must register with the United States Drug Enforcement Administration. History: Added July 18, 2012, No. 7377, § 1, Sess. L. 2012, pp. 168-171.

(a) Supervision shall be continuous but shall not be construed as necessarily requiring the physical presence of the supervising physician at the time and place that the services are rendered. A supervising physician must be present on the island where the physician assistant service is being rendered to constitute continuous supervision. If the supervising physician is not present on the island where the physician assistant services are being rendered then the supervisory responsibility may be delegated by that physician to another physician with whom a supervisory agreement with the physician assistant is in place. Physician assistants may not practice independently on any island in the Virgin Islands. Physician assistants must be continuously supervised. Each supervising physician in the Virgin Islands must have an unrestricted license to practice medicine and surgery in the Virgin Islands. In the Virgin Islands a physician is not permitted to supervise more than three physician assistants at any one time. Every person practicing as a physician assistant in the Virgin Islands must be licensed to do so by the Virgin Islands Board of Medical Examiners. Physician assistants must practice within the written scope of health care services assigned to them by their respective supervising physicians. A separate office for the physician assistant shall not be established. (b) The Board of Medical Examiners, in consultation with the Board of Pharmacy, shall promulgate such regulations governing the prescriptive authority of physician assistants as are deemed reasonable and necessary to ensure an appropriate standard of care for patients. The regulations promulgated pursuant to this section shall include at a minimum: (1) Such requirements as may be necessary to ensure continued physician assistant competency that may include continuing education, testing, and/or any other requirement, and shall address the need to promote ethical practice, an appropriate standard of care, patient safety, the use of pharmaceuticals, and appropriate communication with patients; (2) Requirements for periodic site visits by supervising licensees who supervise and direct physician assistants who provide services at a location other than where the licensee regularly practices; and (3) A requirement that the assistant disclose to his patients that he is a physician assistant, and the name, address and telephone number of the supervising licensee. (c) It is the obligation of each team of physician or physicians and physician assistant or physician assistants to ensure that the physician assistant's scope of practice is identified; that delegation of medical tasks is appropriate to the physician assistant's level of competence; that the relationship of, and access to, the supervising physician is defined; and that a process for evaluation of the physician assistant's performance is established. History: Added July 18, 2012, No. 7377, § 1, Sess. L. 2012, pp. 168-171.

A physician wishing to supervise a physician assistant must: (1) be licensed in the Virgin Islands; (2) be free from any restriction on his ability to supervise a physician assistant which has been imposed by board disciplinary action; and (3) maintain a written agreement with the physician assistant. (A) The agreement must state that the physician will exercise supervision over the physician assistant in accordance with any rules adopted by the Board and will retain professional and legal responsibility for the care rendered by the physician assistant. (B) The agreement must be signed by the physician and the physician assistant and updated annually. (C) The agreement must be kept on file at the practice site and made available to the Board upon request. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, p. 171.

Nothing in this subchapter may be construed to limit the employment arrangement of a physician assistant licensed under this subchapter. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, p. 171.

If a physician assistant is employed by a physician or group of physicians, the physician assistant must be supervised by and be the legal responsibility of the employing physician. The legal responsibility for the physician assistant's patient care activities remains that of the employing physician, including when the physician assistant provides care and treatment for patients in health care facilities. If a physician assistant is employed by a health care facility or other entity, the legal responsibility for the physician assistant's actions or omissions is that of the employing facility or entity. Licensed physicians shall supervise physician assistants employed by such facilities. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, p. 172.

The Board may, following the exercise of due process, discipline any physician assistant who: (1) fraudulently or deceptively obtains or attempts to obtain a license; (2) fraudulently or deceptively uses a license; (3) violates any provision of this chapter or any regulations adopted by the Board pertaining to this chapter; (4) is convicted of a felony; (5) is a habitual user of intoxicants or drugs to such an extent that he is unable to safely perform as a physician assistant; (6) has been adjudicated as mentally incompetent; (7) is physically or mentally unable to engage safely in practice as a physician assistant; (8) is negligent in practice as a physician assistant or demonstrates professional incompetence; (9) except as required by law, violates patient confidentiality; (10) prescribes, sells, administers, distributes, orders, or gives away any drug classified as a controlled substance for other than medically-accepted, therapeutic purposes; (11) has committed an act of moral turpitude; (12) is disciplined or has been disciplined by another state or jurisdiction based upon acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action as defined in this section; (13) fails to cooperate with an investigation conducted by the Board; or (14) represents himself as a physician. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, pp. 172, 173.

The Board, upon finding that a physician assistant has committed any offense described in section 50n, may do any of the following: (1) refuse to grant a license; (2) administer a public or private reprimand; (3) revoke, suspend, limit, or otherwise restrict a license; (4) require a physician assistant to submit to the care or counseling or treatment of a physician or physicians designated by the Board; (5) impose other corrective measures; (6) suspend enforcement of its finding thereof and place the physician assistant on probation with the right to vacate the probationary order for noncompliance; or (7) restore or reissue, at its discretion, a license and impose any disciplinary or corrective measure that it may have imposed. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, p. 173.

The Board shall establish and administer a program for the rehabilitation of physician assistants whose competency is impaired due to the abuse of drugs or alcohol. The Board may contract with any other territorial agency or private corporation to perform duties under this section. The program must be similar to that available to other health professionals licensed in the Virgin Islands. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, p. 173.

(a) Any person not licensed under this subchapter is guilty of the unlicensed practice as a physician assistant and is subject to penalties applicable to the unlicensed practice of medicine under this subchapter if the person: (1) holds himself out as a physician assistant; (2) uses any combination or abbreviation of the term "physician assistant" to indicate or imply that he is a physician assistant; or (3) acts as a physician assistant without being licensed by the Board. (b) An unlicensed physician may not use the title of "physician assistant" or practice as a physician assistant, unless he fulfills the requirements of this subchapter. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, pp. 173, 174.

A physician assistant licensed under this subchapter shall keep his license available for inspection at his primary place of business and shall, when engaged in professional activities, wear a nametag identifying himself as a "physician assistant". History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, p. 174.

(a) A physician assistant licensed in this Territory or licensed or authorized to practice in any state or territory of the United States who is responding to a need for emergency medical care created by an emergency or local disaster, other than an emergency situation that occurs in the place of his employment, may render such care that he is able to provide without supervision as it is defined in section 50j, or with such supervision as is available. (b) Any physician who supervises a physician assistant providing medical care in response to such an emergency or local disaster is not required to meet the requirements set forth in this subchapter for an approved supervising physician. (c) No physician assistant licensed in this Territory or licensed or authorized to practice in other territories or states of the United States who voluntarily and gratuitously, and other than in the ordinary course of employment or practice, renders emergency medical assistance is liable for civil damages for any personal injuries that result from acts or omissions by the person in rendering emergency care which may constitute ordinary negligence. The immunity granted by this section does not apply to acts or omissions constituting gross, willful, or wanton negligence or when the medical assistance is rendered at any hospital, physician's office, or other health care delivery entity where those services are normally rendered. No physician who supervises a physician assistant voluntarily and gratuitously providing emergency care as described in this subsection is liable for civil damages for any personal injuries, which result from acts or omissions by the physician assistant rendering emergency care. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, pp. 174, 175.

The Board shall promulgate, in accordance with title 3 Virgin Islands Code, chapter 35 (filing and publication of regulations), all rules that are reasonable and necessary for the performance of the various duties imposed upon the Board by the provisions of this subchapter, including but not limited to: (1) setting licensure fees; and (2) establishing renewal dates. History: Added May 28, 2005, No. 6735, § 2, Sess. L. 2005, p. 175.

Assistance (a) No person who voluntarily and gratuitously renders emergency assistance to a person in need of emergency assistance is liable for civil damages for any personal injuries or property damage that result from acts or omissions by such person in rendering emergency assistance which may constitute ordinary negligence, but such immunity does not apply to acts or omissions constituting gross, willful or wanton negligence. (b) Subsection (a) applies to all persons, including non-profit groups and the individuals that work in them who voluntarily render counseling, advocacy, support, or other services to people in need thereof, including victims of crimes, such as rape, domestic violence, assault, or battery, whether or not it is in an emergency situation. (c) Reimbursement of a non-profit group's operating expenses or wages of their volunteers does not render such group or its members ineligible for the immunity granted under this section by grant or donation, or the payment by FEMA through VITEMA or other governmental agencies during a Declared State of Emergency. History: Added May 19, 2021, No. 8455, § 1(b), Sess. L. 2021, p. 32.

Whoever practices any system of treatment in the Virgin Islands covered by this chapter without having first obtained the license prescribed herein, or willfully violates any of the provisions of this chapter, or any regulations issued hereunder shall be fined not more than $500 or imprisoned not more than six months, or both. History: Added May 19, 2021, No. 8455, § 1(b), Sess. L. 2021, p. 32.

In the interest of the public health, safety and welfare and to protect the public from the improper, unprofessional, incompetent and unlawful practice of dentistry and dental hygiene, it is necessary to provide laws and regulations controlling the granting and use of the privilege to practice dentistry and dental hygiene and to ensure, as much as possible, that only qualified and fit persons hold that privilege. The fundamental purpose of this subchapter is to protect the public, and any license, certificate or other practice authorization issued pursuant to this subchapter is a revocable privilege, and no holder of such privilege may acquire thereby an irrevocable right. The provisions of this subchapter relating to licensure are not intended to reduce competition or restrain trade with respect to the oral health needs of the public. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 201-202.

For the purposes of this subchapter: (a) "Assessment" means the review and documentation of the oral condition and the recognition and documentation of deviations from the healthy condition, without a diagnosis to determine the cause or nature of disease or its treatment; (b) "Auxiliary personnel" means all dental assistants, dental technicians, dental x-ray technicians and other persons employed by dentists or firms and businesses providing dental services to dentists; (c) "Board" means the Board of Dental Examiners; (d) "Commissioner" means the Commissioner of the Department of Health; (e) "Dental assistant" means a person who may perform basic supportive procedures as authorized by this subchapter under direct supervision of a licensed dentist; (f) "Dental hygienist" means any person licensed and engaged in the general practice of dental hygiene and all related or associated duties including educational, clinical and therapeutic dental hygiene procedures; (g) "Dentist" means an individual who holds a license to practice dentistry in the Virgin Islands; (h) "Dentistry" or "practice of dentistry" means the evaluation, diagnosis, prevention, treatment, correction, change, relief, prescription of remedy, nonsurgical or surgical operation and adjunctive treatment or related procedures for any disease, disorder, pain, deformity, deficiency, injury, defect, lesion or physical condition involving either or both of the functional and aesthetic aspects of the teeth, gingiva, jaws and adjacent hard and soft tissue of the oral cavity and maxillofacial area or the adjacent and associated structures and the impact of the disease, disorder, or condition of the human body, including prescription or administration of any drug, medicine, biologic, apparatus, brace, anesthetic or other therapeutic or diagnostic substance or technique by an individual or the individual's agent or employee, so long as a dentist is performing any such act, operation, or service within the scope of his or her education, training and experience gratuitously or for any fee, reward, emolument or any other form of compensation whether direct or indirect in accordance with applicable law; (i) "Dental hygiene" or "practice of supervised dental hygiene" means that portion of dentistry that includes the rendering of educational, preventive and therapeutic dental services in general, but specifically, scaling, root planeing, curettage and any related intraoral or extraoral procedure required in the performance of such services; (j) "Direct supervision" means the supervision of those tasks or procedures that do not require the presence of the dentist in the room where performed but require the dentist's presence on the premises and availability for prompt consultation, treatment and evaluation. (k) "Indirect supervision" means the supervision of those tasks or procedures that do not require the presence of the dentist in the office or on the premises at the time such tasks or procedures are being performed, but do require that the tasks be performed with the prior knowledge and consent of the dentist; (l) "License" means the grant of authority by the Board to any person to engage in the practice of dentistry or dental hygiene, which is a privilege personal to the licensee and may be revoked, suspended, or subjected to disciplinary conditions by the Board for violation of any of the provisions of this subchapter is null and void upon the failure of the licensee to file an application for renewal and to pay the fee as required; (m) "Practitioner" means a person engaged in the practice of dentistry or any field related to dentistry; (n) "Premises" for purposes of subsections (j) and (k) only, means within the same building, dental office, or treatment facility and within close enough proximity to respond in a timely manner to an emergency or the need for assistance; and History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 202-203.

(a) The Virgin Islands Board of Dental Examiners, established in 3 V.I.C. § 415(b)(2) shall regulate the practice of dentistry in the Virgin Islands in accordance with this subchapter and to otherwise enforce this subchapter, has the power and authority as set forth in this chapter. (b) The Board has the duty of determining a person's initial and continuing qualification and fitness for the practice of dentistry or dental hygiene, of proceeding against the unprofessional, improper, incompetent, unlawful, fraudulent, deceptive or unlicensed practice of dentistry or dental hygiene, and of enforcing this subchapter. The Board shall discharge this duty in accordance with this subchapter. (c) Members of the Board shall serve a term of four years pursuant to 3 V.I.C. § 415(b)(2). Upon the expiration of the term of office, a Board member shall continue to serve until a successor has been appointed and qualified. (d) Members of the Board are entitled to per diem and travel expenses for their attendance at each meeting of the Board at the rate prescribed in 3 V.I.C. § 65. (e) All professional members of the Board shall hold full and unrestricted dental or dental hygienist licenses in the Virgin Islands, or must be a retired dentist or dental hygienist who has practiced previously at least five years in the Territory. All professional members must be persons of recognized professional ability and integrity, and must be residents of the Virgin Islands pursuant to 3 V.I.C. § 415(b)(2). (f) The Board may appoint committees from its membership. To perform its duties under this subchapter, the Board may also hire, discipline and terminate staff. (g) When Board member or staff training is approved by the Board, travel expenses and a per diem at the rate prescribed in 3 V.I.C. § 65 must be paid for such Board attendance. (h) Telephone or other electronic telecommunication or videoconferences are an acceptable form for the conduct of Board meetings. The Board may establish procedures by which its committees may meet by telephone or other telecommunication conference system. (i) Four members of the Board constitute a quorum. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 204-206; amended May 19, 2021, No. 8455, § 1(c), Sess. L. 2021, p. 32.

The powers conferred on the Board by this subchapter must be liberally construed to protect the health, safety and welfare of the public. The Board, within the context of this subchapter and the requirements of due process, has the following powers and duties to: (1) Enforce and administer the provisions of this subchapter; (2) Adopt, amend and repeal regulations to carry out the provisions of this subchapter and otherwise fulfill its duties; (3) Approve or deny applications for initial licensure or renewal based on evaluation of adverse information relating to an applicant's qualifications to practice; (4) Issue, deny, review, restrict, suspend, revoke or reinstate licenses; (5) Regulate auxiliary personnel; (6) Receive, review and investigate complaints against practitioners for whose licensure it is responsible, and take appropriate disciplinary action; (7) Review and investigate reports received from law enforcement agencies, health care organizations, governmental agencies, insurers and other entities having information pertinent to the professional performance of licensees; (8) Issue subpoenas and subpoenas duces tecum, administer oaths, receive testimony and conduct hearings with due process; (9) Discipline licensees found in violation of this subchapter; (10) Institute actions in its own name and enjoin violators of the this subchapter; (11) Establish appropriate fees and charges to support active and effective pursuit of its legal responsibilities; (12) Develop, adopt and submit its budget to the Commissioner of Health; (13) Report all final disciplinary actions, license denials and voluntary license limitations or surrenders related to dentists, dental hygienists and other auxiliaries, with any accompanying license limitations or surrenders related to dentists, dental hygienists and other auxiliaries, with any accompanying Board orders, findings of fact and conclusions of law, to the National Practitioners Data Bank and to any other data repository as is appropriate, or as required by law, and report all such actions, denials and limitations or surrenders related to other licensees, with the same supporting documentation, to the appropriate national, practitioner, data repositories recognized by the Board or required by law; (14) Take administrative action to halt the unlicensed or illegal practice of dentistry and to seek penalties against those engaged in such practice; and (15) Institute proceedings in courts of competent jurisdiction to enforce its orders and the provisions of this subchapter. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 206.

(a) The Board must be fully supported by the revenues generated from its activities, including fees, fines and reimbursed costs. (b) There is established within the Treasury of the Virgin Islands, the Virgin Islands Board of Dental Examiner's Fund into which all revenues collected by the Board must be deposited and from which expenses of the Board may be funded. (c) The Board may establish by regulations reasonable administrative fees and charges. The Board shall provide reasonable notice for all increases or decreases in fees and charges. (d) The Board shall operate on the same fiscal year as the Government of the Virgin Islands under 2 V.I.C. § 30. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 206.

The Board may adopt regulations consistent with this subchapter and may amend, repeal and enforce those regulations in furtherance of its legal responsibilities. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 206.

Nothing in this subchapter applies to the following practices, acts, or operations: (1) Practice by a physician or a surgeon of the physician's or surgeon's profession licensed as such under the laws of this Territory, unless the physician or surgeon practices dentistry as a specialty; (2) The giving of an anesthetic by a qualified anesthetist or registered nurse for a dental operation under the direct supervision of a licensed dentist; (3) The practice of dentistry or dental hygiene in the discharge of their official duties by graduate dentists or dental surgeons or dental hygienists in the United States armed forces, public health service, Coast Guard, or Veterans Administration; (4) Students or residents regularly employed by a Territorial or private hospital or federally qualified health center under an advanced dental education program accredited by the Commission on Dental Accreditation of the American Dental Association and approved and registered as such by the Board; (5) The practice of dental hygiene by instructors and students or the practice of dentistry by students or residents in schools or colleges of dentistry, schools of dental hygiene, or schools of dental assistant education while such instructors, students, or residents are participating in accredited programs of such schools or colleges; (6) The practice of dentistry or dental hygiene by dentists or dental hygienists licensed in good standing by other states or countries while appearing in programs of dental education or research at the invitation of any group of licensed dentists or dental hygienists in this Territory who are in good standing, so long as such practice is limited to five consecutive days in a twelve-month period and the name of each person engaging in such practice is submitted to the Board, in writing, and on a form approved by the Board, at least ten days before the planned performance of such practice; (7) The filling of laboratory work orders of a licensed dentist by any person, association, corporation or other entity for the construction, reproduction, or repair of prosthetic dentures, bridges, plates or appliances to be used or worn as substitutes for natural teeth or for the restoration of natural teeth or replacement of structures relating to the jaws, maxillofacial area or adjacent and associated structures; (8) The performance of acts by a person under the direct or indirect supervision of a dentist licensed in the Territory when authorized pursuant to the regulations of the Board or when authorized under other provisions of this subchapter; (9) The practice of dentistry or dental hygiene during the administration of an examination by an examiner representing a testing agency approved by the Board; or (10) Dentists licensed in other states, as well as students or residents in schools or colleges of dentistry engaged in dental assessment and preventive treatments under the auspices of the school dental program authorized by 17 V.I.C. § 111. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 206-208; amended Dec. 6, 2021, No. 8505, § 3, Sess. L. 2021, p. 194.

(a) Every person who desires to practice dentistry in this Territory shall file with the Board an application for a license on a form to be provided by the Board, verified by the oath of the applicant, and accompanied by a fee, as established by regulations of the Board. Every applicant for a license to practice dentistry: (1) Must be of good professional character and twenty-one years of age or older; (2) Shall have graduated from and received a degree from a dental school accredited by the American Dental Association Joint Commission on Dental Accreditation; and (3) Shall submit satisfactory proof to the Board of having successfully passed the following: (A) The dental examination administered by the U.S. Joint Commission on National Dental Examinations of the American Dental Association, or, if the test is not available, another written examination as determined by the Board; (B) An examination designed to test the applicant's clinical skills and knowledge administered by a regional testing agency composed of at least four states as determined by the Board; and (C) A jurisprudence examination, approved by the Board, designed to test the applicant's knowledge of the provisions of this subchapter and the regulations of the Board. (b) An applicant for a license to practice dentistry who is a graduate of a foreign dental school not accredited by the joint commission on dental accreditation shall: (1) Present evidence of having completed either a clinical specialty recognized by the American Dental Association, or a program in clinical dentistry resulting in a doctorate of dental surgery or a doctorate of dental medicine at an accredited dental school; (2) Pass the examination administered by the U.S. Joint Commission on National Dental Examinations of The American Dental Association; (3) Pass an examination designed to test the applicant's clinical skills and knowledge administered by a regional testing agency as approved by the Board; and (4) Pass a jurisprudence examination, approved by the Board, designed to test the applicant's knowledge of the provisions of this subchapter. (c) The Board may issue a license to an applicant to practice dentistry by credentials without a practical or clinical examination when the applicant is duly licensed by clinical examination as a dentist under the laws of a state or territory of the United States. A license for dentistry by credentials may be issued under the following circumstances: (1) The applicant's license is active and in good standing for the five consecutive years prior to application; (2) The applicant's credentials show that no dental board actions have been taken during the five years prior to filing his application; that no proceedings are pending in any state or territory in which the applicant has had a license during the five years prior to application; (3) A review of public records, the National Practitioners Data Bank or other nationally recognized data resources that record actions against a dentist in the United States, does not reveal the existence of any activities or pending civil or criminal charges that could reasonably be construed to constitute evidence of danger to patients; (4) The applicant that has failed the Virgin Islands, or other regional dental testing service exam of which the Board is a member, within the last five years from the date of application has retaken and passed the regional dental testing service exam of which the Board is a member; and (5) The applicant successfully passes a jurisprudence examination, approved by the Board, designed to test the applicant's knowledge of the provisions of this subchapter and regulations of the Board. (d) License Renewal. Licenses must be renewed or reinstated pursuant to a schedule established by the Board. The Board may establish renewal fees, delinquency fees and continuing education requirements for renewal and reinstatement. If a person fails to renew the license pursuant to the schedule established by the Board, the license expires. Any person whose license has expired and continues to practice is subject to the penalties provided in this subchapter. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 208-210.

(a) "Under the practice of supervised dental hygiene" a person (1) under direct supervision: (A) Removes granulation and degenerated tissue from the gingival wall of the periodontal pocket through the process of gingival curettage. Such curettage may include the incidental removal of live epithelial tissue and is to be performed under the direct supervision of a licensed dentist; or (B) Administers local anesthetic under the direct supervision of a licensed dentist pursuant to regulations of the Board which include minimum education requirements and procedures for such administration. (2) under indirect supervision: (A) Removes deposits, accretions, and stains by scaling with hand, ultrasonic, or other devices from all surfaces of the tooth and smoothes and polishes natural and restored tooth surfaces, including root planning; (B) Provides preventive measures including, the application of fluorides, sealants, and other recognized topical agents for the prevention of oral disease; (C) Gathers and assembles information, including: (i) Fact-finding and patient history; (ii) Radiographic and X-ray survey for the purpose of assessing and diagnosing dental hygiene-related conditions for treatment planning for dental hygiene services as described in this section and identifying dental abnormalities for immediate referral to a dentist; (iii) Preparation of study casts; (iv) Oral inspection; and (v) Dental and periodontal charting; (D) Administers a topical anesthetic to a patient in the course of providing dental care; (E) Performs dental hygiene assessment, dental hygiene diagnosis, and dental hygiene treatment planning for dental hygiene services as described in this section and identifies dental abnormalities for immediate referral to a dentist; or (F) Administers fluoride, fluoride varnish, and antimicrobial solutions for mouth rinsing. (b) License Requirements. Every person who desires to practice dental hygiene in this Territory shall file with the Board an application for a license on a form provided by the Board, verified by the oath of the applicant, and accompanied by a reasonable fee as established by the regulations of the Board. Every applicant for a license to practice dental hygiene: (1) Must be of good professional character and eighteen years of age or older; and (2) Shall have graduated from a school of dental hygiene that, at the time of the applicant's graduation, was accredited by the American Dental Association; (3) Shall submit to the Board proof of having successfully passed the following: (A) An examination administered by the Joint Commission on National Dental Examinations; (B) An examination designed to test the applicant's clinical skills and knowledge, which shall be administered by a regional testing agency composed of at least four states as determined by the Board; and (C) A jurisprudence examination, approved by the Board, designed to test the applicant's knowledge of the provisions of this subchapter and the regulations of the Board. (c) The Board may issue a license to practice dental hygiene, by credentials, without a practical or clinical examination to an applicant who is duly licensed by a clinical examination as a dental hygienist under the laws of a state or territory of the United States when: (1) The applicant's license is active and all dental hygienist licenses that individual possesses have been in good standing for two consecutive years prior to application; (2) The applicant's credentials show that no dental board actions have been taken during the two years prior to application; that no proceedings are pending in any states in which the applicant has had a license in the two years prior to application; (3) A review of public records, the National Practitioners Data Bank or other nationally recognized data resources that record actions against a dentist in the United States, does not reveal any activities or un-acquitted criminal charges or un-dismissed civil claims that could reasonably be construed to constitute evidence of danger to patients, including acts of moral turpitude; and (4) The applicant successfully passes a jurisprudence examination, approved by the Board, designed to test the applicant's knowledge of the provisions of this subchapter. (d) Licenses must be renewed or reinstated pursuant to a schedule established by the Board by regulations. The Board may by regulations establish renewal fees, delinquency fees and continuing education requirements for renewal and reinstatement. If a person fails to renew the license pursuant to the schedule established by the Board, the license expires. Any person whose license has expired and continues to practice is subject to the penalties provided in this subchapter. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 210-212.

(a) Any dentist or dental hygienist who wishes to retire from the practice of dentistry or dental hygiene shall meet all requirements for retirement as set forth in regulations by Board and the committee. The licensee shall notify the Board in writing before the expiration of the licensee's current license, and the Board shall acknowledge and record the receipt of notice. If, within a period of three years from the date of retirement, the dentist or dental hygienist wishes to resume practice, the applicant shall so notify the Board in writing and give proof of completing all requirements as prescribed by regulations of the Board to reactivate the license. The Board may reactivate the license and the licensee may resume the practice of dentistry or dental hygiene in accordance with the regulations of the Board. (b) Any dentist or dental hygienist who wishes to place his license on inactive status shall meet all requirements for retirement as set by regulations of the Board and the committee. The licensee shall notify the Board in writing before the expiration of the licensee's current license, and the Board shall acknowledge and record the receipt of notice. If the dentist or dental hygienist wishes to resume practice, the applicant shall so notify the Board in writing and give proof of completing all requirements as prescribed by regulations of the Board to reactivate the license. The Board may reactivate the license, and the licensee may resume the practice of dentistry or dental hygiene subject to any stipulations of the Board. (c) A licensee whose license has been retired or on inactive status may not engage in any of the activities contained within the scope of practice of dentistry or dental hygiene in the Territory described in this subchapter. (d) Inactive licenses must be reactivated or permanently retired within five years of having been placed in inactive status. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 212-213.

Only a dentist licensed to practice dentistry in the Territory pursuant to this subchapter may be the proprietor of a dental practice in the Territory. A corporate entity that has a dental practice or dental office in the Territory must be owned by a dentist licensed pursuant to this subchapter who owns at least a majority interest in that corporate entity. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 213.

(a) Any person who practices dentistry or who attempts to practice dentistry without first complying with the provisions of this subchapter or without being the holder of a license entitling the practitioner to practice dentistry in the Territory is guilty of a misdemeanor for the first offense. Subsequent offenses constitute a felony. Each occurrence of practicing dentistry or attempting to practice dentistry without complying with this subchapter constitutes a separate violation. (b) Any person who practices as a dental hygienist or who attempts to practice as a dental hygienist without first complying with the provisions of this subchapter and without being the holder of a license entitling the practitioner to practice as a dental hygienist in the Territory is guilty of a misdemeanor for the first offense. Subsequent offenses constitute a felony. Each occurrence of practicing as a dental hygienist or attempting to practice as a dental hygienist without complying with this subchapter constitutes a separate violation. (c) A person or entity that functions or attempts to function as a dental practice without first complying with the provisions of this chapter is guilty of a misdemeanor. A subsequent offense constitutes a felony. Each occurrence of noncompliance with this chapter constitutes a separate violation. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 213-214.

(a) The Board may refuse to license, otherwise restrict a license, or suspend or revoke a license that has been issued by the Board and may fine, censure or reprimand a licensee upon satisfactory proof that the applicant for or holder of the license is guilty of unprofessional or dishonorable conduct. (b) The Board may in its discretion and for good cause shown, for protection of the public, for the purpose of rehabilitation of the licensee or both, place the licensee on probation on such terms and conditions as it determines. Upon expiration of the term of probation, further proceedings may be abated by the Board if the holder of the license furnishes the Board with evidence that the licensee is competent to practice, is of good moral character and has complied with the terms of probation. (c) If evidence fails to establish to the satisfaction of the Board that the licensee is competent and is of good moral character or if evidence shows that the licensee has failed to comply with the terms of probation, the Board may suspend or revoke the license. If a license to practice in this Territory is suspended, the holder of the license may not practice during the term of suspension. A person whose license has been suspended or revoked by the Board and who thereafter practices or attempts or offers to practice in the Territory, unless the period of suspension has expired or been modified by the Board or the license reinstated, is guilty of a felony. (d) "Unprofessional or dishonorable conduct," as used in this section, means, conducts of a licensee which includes the following: (1) Fraud or misrepresentation in applying for or procuring a dental or dental hygiene license or in connection with applying for or procuring periodic renewal of a dental license; (2) Cheating on or attempting to subvert any licensing examination; (3) The conviction of a felony by any court of competent jurisdiction, whether or not related to the practice of dentistry, or dental hygiene, or the entry of a guilty or nolo contendere plea to a felony charge before a court of competent jurisdiction; (4) Conduct likely to deceive, defraud or harm the public; (5) Disruptive behavior, or interaction with patients, family members or others which interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; (6) Willfully or negligently violating the confidentiality of patients except as required by law; (7) Negligence in the practice of dentistry or dental hygiene as determined by the Board; (8) Being found mentally incompetent by any court of competent jurisdiction; (9) Being found by the Board to be physically or mentally unable to engage safely in the practice of dentistry or dental hygiene; (10) Being found by the Board to have practiced or to have engaged in other behavior that demonstrates an incapacity or incompetence to practice dentistry or dental hygiene; (11) Being found to have used any false, fraudulent or deceptive statement in any document connected with the practice of dentistry or dental hygiene; (12) Being found by the Board to have practiced dentistry or dental hygiene under a false or assumed name; (13) Being found by the Board to have aided or abetted the practice of dentistry or dental hygiene by an unlicensed, incompetent or impaired person; (14) Being found by the Board to have allowed another person or organization to use the licensee's license to practice dentistry or dental hygiene; (15) Being found by the Board to have committed any act of sexual misconduct, including sexual contact with a patient or third party that exploits the patient relationship in a sexual way; (16) Conviction of violating any Territorial or federal law or regulations relating to controlled substances; (17) Obtaining any fee by fraud, deceit or misrepresentation; (18) Employing abusive billing practices; (19) Violating the American Dental Association's Principles of Ethics and Code of Professional Conduct; (20) Directly or indirectly giving or receiving any fee, commission, rebate or other compensation for profesCode of Professional Conduct personally rendered, though this prohibition does not preclude the legal functioning of lawful professional partnerships, corporations or associations; (21) Disciplinary action of another territory, state or other jurisdiction against a license or other authorization to practice dentistry or dental hygiene based upon acts or conduct by the licensee similar to acts or conduct that would constitute grounds for action as defined in this section, a certified copy of the record of the action taken by the other territory, state or other jurisdiction being conclusive evidence thereof; (22) Failure to report to the Board any adverse action taken against the licensee by another licensing jurisdiction, United States or foreign, by any peer review body, by any health care institution, by any professional or dental society or association, by any governmental agency, by any law enforcement agency or by any court for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section; (23) Failure to report to the Board the surrender of a license or other authorization to practice dentistry or dental hygiene in another state or jurisdiction, or while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section; (24) Failure to report to the Board any adverse judgment, award or settlement against the licensee resulting from a dental liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section; (25) Reserved. (26) Failure to provide pertinent and necessary dental records to another dentist or patient in a timely fashion when requested to do so by the subject patient or by a legally designated representative of the subject patient; (27) Improper management of dental records, including failure to maintain timely, legible, accurate, and complete dental records; (28) Failure to furnish the Board, its investigators or representatives, information legally requested by the Board; (29) Failure to cooperate with a lawful investigation conducted by the Board; (30) Violation of any provision of this subchapter or regulations of the Board or of an action, stipulation or agreement of the Board; (31) Engaging in conduct calculated to or having the effect of bringing the dental profession into disrepute, including violation of any provision of a national code of ethics acknowledged by the Board; (32) Failure to follow generally accepted infection control procedures; (33) Failure to comply with any state or Territorial statute or Board regulation regarding a licensee's reporting responsibility for HIV, HVB hepatitis B virus, or HVC hepatitis C virus sero-positive status; (34) Practicing dentistry or dental hygiene in another state, territory or jurisdiction without appropriate licensure; or (35) Conduct that violates patient trust and exploits the dental-patient relationship for personal gain. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 214-217.

(a) The Board may commence legal action to enforce the provisions of this subchapter and may exercise full discretion and authority with respect to disciplinary actions. (b) Administrative procedures as established by the Board must provide for investigation of charges by the Board; notice of charges to the accused; an opportunity for a fair and impartial hearing for the accused before the Board; an opportunity for representation of the accused by counsel; the presentation of testimony, evidence and argument; subpoena power and attendance of witnesses; a record of proceedings; and judicial review by the courts in accordance with the standards established by the jurisdiction for such review. The Board has subpoena authority to conduct comprehensive reviews of a dentist's or a dental hygienist's patient and office records and administrative authority to access otherwise protected peer review records. (c) In its role as trier of fact, the Board shall use the preponderance of the evidence as its standard. (d) The Board may summarily suspend a license prior to a formal hearing when it determines such action is required due to imminent threat to public health and safety. The Board may summarily suspend a license by means of a vote conducted by telephone conference call or other electronic means if a simple majority of the membership determines such prompt action is required. Proceedings for a formal hearing must be instituted simultaneously with the summary suspension. (e) The Board may issue a cease and desist order and may obtain an injunction by a court of competent jurisdiction to restrain any person or any corporation or association and its officers and directors from violating this subchapter. Violation of an injunction is punishable in accordance with the determination of such court. No proof of actual damage to any person is required for issuance of a cease and desist order or an injunction, nor does issuance of an injunction relieve those enjoined from criminal prosecution for violation of this subchapter. (f) Except as provided in section 77(b), all of the Board's final disciplinary actions and license denials, including related findings of fact and conclusions of law, are matters of public record. The Board shall report all actions and denials promptly to any data repository required by law. Voluntary surrender of and voluntary limitations on the dental or dental hygienist license of any person are also be matters of public record and must also be reported to any data repository as required by law. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 217-218.

(a) The Board shall establish regulations pertaining to the administration by dentists of nitrous oxide analgesia, conscious sedation, deep sedation and general anesthesia. (b) The Board or its agent may evaluate credentials, facilities, equipment, personnel, and procedures prior to issuing permits to allow the administration of agents that are utilized in providing analgesia, sedation or general anesthesia and may re-evaluate the credentials, facilities, equipment, personnel, and procedures at its discretion. (c) The Board may suspend or revoke the license of any dentist who fails to comply with anesthesia-related regulations of the Board. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 218-219.

All advertising must comply with the American Dental Association's Principles of Ethics and Code of Professional Conduct. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 219.

(a) No monetary liability on the part of, and no cause of action for damages may arise against any serving or former member, officer, administrator, staff member, committee member, examiner, representative, agent, employee, consultant, witness or any other person serving or having served the Board either as a part of the Board's operation or as an individual 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. (b) Every 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 and confidential. No action or proceeding, civil or criminal, is permitted against any such person, institution, agency or organization by whom or on whose behalf such a communication was made in good faith. History: Added Aug. 13, 2014, No. 7642, § 1, Sess. L. 2014, p. 219.

(a) Description of the practice of nursing-the practice of nursing as performed by a "registered nurse" is a process in which substantial knowledge derived from biological, physical and behavioral sciences is applied to the assessment, planning, intervention and evaluation of persons who are experiencing changes in the normal life processes or who require assistance in the maintenance and promotion of health, and in the management of illness, or infirmity, or in the achievement of dignified death. The nursing process is executed directly, or indirectly through acts of supervision, or teaching, of others. It includes the administration of medication, and treatment as established by standardized protocols or prescribed by a licensed physician or dentist. The nurse may independently initiate emergency action. The registered nurse who is credentialed in a special area of nursing practice, may perform such additional acts as are authorized by the Virgin Islands Board of Nurse Licensure. (b) Description of the practice of nurse specialist-the practice of a "nurse specialist" means the performance of advanced or specialized nursing acts which require post basic registered nurse education and experience for which the specialist has been credentialed by a certifying body which is recognized by the Board. (c) Description of licensed practical nurse-the practice of nursing by a "licensed practical nurse" means the basic application of the nursing process under the direction and supervision of a registered nurse, licensed physician, and/or licensed dentist to persons who are experiencing changes in the normal life process, or who require assistance in the maintenance and promotion of health, and in the management of illness, injury or infirmity, or in the achievement of dignified death. The licensed practical nurse executes such acts as the administration of medication and treatment as established by standardized protocol or prescribed by a licensed physician or dentist. In addition, the licensed practical nurse may initiate emergency action if specifically prepared and authorized. (d) Description of advanced practice registered nurse or APRN- "Advanced practice registered nurse" or "APRN" means a person who: (1) is licensed as a registered nurse under this chapter; (2) meets the requirements for licensure as an advanced practice registered nurse under Section 101a(a)(2); (3) has a written collaborative agreement with a collaborating physician in the diagnosis of illness and management of wellness and other conditions as appropriate to the level and area of his practice in accordance with Section 101a(b); and (4) cares for patients (A) by using advanced diagnostic skills, the results of diagnostic tests and procedures ordered by the advanced practice registered nurse, a physician assistant, a dentist, a podiatrist, or a physician, and professional judgment to initiate and coordinate the care of patients; (B) by ordering diagnostic tests, prescribing medications and drugs in accordance with Section 101a(c), and administering medications and drugs; and (C) by using medical, therapeutic, and corrective measures to treat illness and improve health status. Categories include certified nurse midwife (CNM), certified nurse practitioner (CNP), certified clinical nurse specialist (CCNS) or certified registered nurse anesthetist (CRNA). (e) "Board" means the Virgin Islands Board of Nurse Licensure. (f) "Collaborating physician" means a physician licensed to practice medicine in accordance with title 27 Virgin Islands Code, chapter 1, subchapter I, who works with an advanced practice nurse and provides medical consultation as documented in a written collaborative agreement required under Section 101a(b). (g) "Collaborative practice agreement" means a written agreement by and between an advanced practice registered nurse and a collaborating physician wherein the physician collaborates with the advanced practice registered nurse to administer, dispense, and order drugs, devices, medical treatments, and diagnostic tests, and execute verbal and written prescription drug or device orders therefore, and which provides for the terms and conditions for the execution of a prescription drug or device order. (h) "Dispense drugs" means to dispense pharmaceutical samples at no charge. History: Amended Jan. 12, 1982, No. 4666, § 6, Sess. L. 1981, p. 301; May 28, 2005, No. 6736, § 1, Sess. L. 2005, pp. 176, 177; Aug. 31, 2005, No. 6755, § 6 1., 2., Sess. L. 2005, p. 229.

In order to safeguard life and health, any person practicing or offering to practice nursing in the Virgin Islands for compensation or personal profit shall be required to submit evidence that he or she is qualified to so practice and shall be licensed as provided in this subchapter. It shall be unlawful for any person to practice or to offer to practice nursing in the Virgin Islands or to use any title, abbreviation, sign, card or device to indicate that such a person is practicing nursing unless such a person has been duly licensed and registered under the provisions of this subchapter. History: Amended Jan. 12, 1982, No. 4666, § 6, Sess. L. 1981, p. 301.

The Board of Nurse Licensure shall have the power and duty to- (1) within 120 days of the enactment of this subchapter adopt, amend or repeal such rules and regulations and bylaws consistent with this subchapter as may be necessary to enable it to carry into effect the provisions of this subchapter, which rules, regulations, or bylaws, when approved by the Governor shall be deemed a part of and of the same effect as this subchapter; (2) review schools of nursing curricula according to established and published standards which prepare students for licensure under this subchapter; (3) approve such schools of nursing which meet the requirements of this subchapter and of the Board; (4) schedule examinations for duly qualified applicants in accordance with the National Council of State Boards of Nursing and license and review licenses of duly qualified applicants; (5) review pertinent documents and render a decision of an applicant's eligibility to sit the examination for licensure following prescribed rules and regulations; (6) conduct hearings upon charges calling for discipline of a licensee or revocation of a license; (7) issue subpoenas, compel the appearance of witnesses and administer oaths to persons giving testimony at hearings; (8) cause prosecution of all persons violating this subchapter and incur the necessary expenses thereof; (9) review and revise application and renewal forms to provide pertinent information to be utilized for statistical purposes; (10) maintain and publish annually a registry of nurse manpower; (11) establish rules and regulations governing the requirements of continuing education as prerequisite for license renewal and for acceptance of certificates; (12) review examination and licensing fee schedules and revise as necessary; (13) establish rules and regulations regarding currency of practice and competency of recognized specialities; (14) establish and/or prepare an annual budget for the Board's operation; (15) make an annual report to the Governor and the Legislature; (16) appoint and employ a qualified person who shall not be a member of the Board to serve as executive secretary; (17) employ such other persons as may be necessary to carry out the work of the Board; (18) reimburse board members for all actual and necessary expenditures incurred while actually engaged in the discharge of official duties; (19) maintain membership and active participation in the National Council of State Boards of Nursing; (20) function as a liaison between the National Council of State Boards of Nursing and the nursing community in the dissemination of information and support participation at functions and activities at the national level; and (21) regulate Certified Nursing Assistants. History: Amended Jan. 12, 1982, No. 4666, § 6, Sess. L. 1981, p. 301; amended July 30, 2016, No. 7890, § 1(a)(2), Sess. L. 2016, p. 117.

(a) An applicant for a license to practice as a Registered Nurse shall submit to the Board written evidence, verified by oath, that said applicant- (1) is of good character; (2) is in good physical and mental health; (3) has completed an approved high school course of study or the equivalent thereof and meets such other preliminary requirements as the Board may prescribe; and (4) has completed a basic professional curriculum in an accredited school of nursing and holds credentials therefrom. (b) The applicant shall be required to pass a written examination as prescribed in the rules and regulations. Each examination may be supplemented by an oral practical examination. Upon successfully passing such examination Board shall issue to the applicant a license to practice as a registered nurse. (c) The Board shall issue a license to practice nursing as a registered nurse without examination to an applicant who is a graduate of a school of nursing and who has been duly licensed as a registered nurse by examination under the laws of another state or jurisdiction of the United States if, in the opinion of the Board, the applicant meets the qualifications prescribed in the rules and regulations as a registered nurse in the Virgin Islands. (d) Applicants who are graduates of a foreign nurse educational program shall be obliged to sit an examination for licensure. The Board shall review pertinent documents of the applicant and render a decision of the applicant's eligibility to sit the examination for licensure. (e) Any person who holds a license to practice as a registered nurse in the Virgin Islands shall have the right to use the title "Registered Nurse" and the abbreviation "R.N." No other person shall assume such title or use such abbreviation or any other words, letters, signs, or figures to indicate that the person using the same is a registered nurse. (f) A graduate nurse is an individual who has satisfactorily completed an accredited program preparing him or her for beginning nursing practice, under the supervision of a registered nurse. Only individuals who are graduates of such programs may use the title "Graduate Nurse" and the abbreviation "G.N." for a maximum of one year past eligibility for sitting the licensing examination for registered nurses. (g) Any person who holds a license or certificate of registration to practice nursing as a registered nurse which is valid on the effective date of this subchapter shall thereafter be deemed to be a licensed registered nurse under the provisions of this subchapter. History: Amended Feb. 11, 1969, No. 2400, § 4, Sess. L. 1969, p. 34; Jan. 12, 1982, No. 4666, § 6, Sess. L. 1981, p. 301.

(a) An applicant for license to practice as a licensed practical nurse shall submit to the Board written evidence, verified by oath, that the applicant- (1) is of good character; (2) is in good physical and mental health; (3) has completed an approved high school course of study or the equivalent thereof, and has met the other preliminary requirements prescribed by the Board; and (4) has successfully completed the prescribed curriculum in an accredited school of practical nursing and holds a diploma therefrom. (b) The applicant shall be required to pass a written examination in such subjects as the Board prescribes in the rules and regulations. Each written examination may be supplemented by an oral or practical examination. Upon successfully passing such examination, the Board shall issue to the applicant a license to practice as a licensed practical nurse. (c) The Board may issue a license to practice as a licensed practical nurse without examination to any applicant who has been duly registered or licensed as a practical nurse or a person entitled to perform similar services under a different title under laws of another state or jurisdiction of the United States, if in the opinion of the Board, the applicant meets the requirements for a licensed practical nurse in the Virgin Islands. (d) Any person holding a license to practice as a practical nurse in the Virgin Islands shall have the right to use the title "Licensed Practical Nurse" and the abbreviation "L.P.N." No other person shall assume such title or use such abbreviation or other words, letters, signs, or figures to indicate that the person using the same is a licensed practical nurse. (e) Any person who holds a license or certificate of registration which is valid on the effective date of this section shall thereafter be deemed to be a licensed practical nurse under the provisions of this subchapter. A graduate practical nurse is an individual who has satisfactorily completed an accredited program preparing her to begin practice as a nurse. Only individuals who are graduates of such programs may use the title Graduate Practical Nurse and abbreviation G.P.N. for a maximum of one year past eligibility for sitting the licensing examination for Licensed Practical Nurses. History: Amended Jan. 12, 1982, No. 4666, § 6, Sess. L. 1981, p. 301.

(a) The Board of Nurse Licensure may issue certificates attesting to the qualifications of the several nursing specialities provided that said certificate for each speciality- (1) requires satisfactory completion of a formal post basic registered nurse education program of at least one academic year duration, which prepared the individual for advanced specialized nursing practice; and (2) includes certification by a specialty board accepted by the former Virgin Islands Board of Nurse Examiners, or graduation from an accredited program leading to a Masters Degree in a nursing clinical speciality area. (b) The Board shall provide by its rules and regulations the appropriate requirements for the following specialities: (1) Nurse Midwife (2) Nurse Anesthetist (3) Nurse Practitioner (4) Clinical Nurse Specialist (5) Other categories as may be determined by the Board. History: Added Jan. 12, 1982, No. 4666, § 6, Sess. L. 1981, p. 301.

(a) The license of every person licensed under the provisions of this subchapter shall be renewed every two years in the licensee's birth month. The Board shall mail an application for renewal of licensing to every person to whom a license was issued during the current period no later than 75 days before the expiration date of the person's license. The applicant shall complete the application form and return it to the Board with the renewal fee. The Board shall verify the accuracy of the application and issue the applicant a renewal for the current period. Such certificate of renewal shall render the holder thereof a legal practitioner of nursing for the period stated on the certificate of renewal. (b) Any licensee who allows such license to lapse for one year may renew his or her license by application and payment of current renewal fees. (c) Any person practicing nursing during the time his or her license has lapsed shall be considered an illegal practitioner, and shall be subject to the penalty provided for violations of this subchapter. (d) The Board shall prescribe continuing education as a prerequisite for license renewal or acceptance of certificate. (e) A licensee may request that his or her license be placed on an inactive status. A license which has been inactive for less than one year may be reactivated by the submission of an application for renewal and the payment of late renewal penalty fees. (f) A license that has been inactive for more than one year may be reactivated upon reapplication to the Board and payment of all required fees. The Board shall require evidence of continuing education commensurate with the number of years the license was inactive or evidence of involvement in the practicing of nursing. (g) Any license which is inactive for more than 10 years shall automatically be suspended. One year prior to the automatic suspension of the license, the Board shall give written notice to the licensee. (h) A suspended license may be reinstated by application and payment of all required fees. Additionally, the Board shall require evidence of continuing education or involvement in the practice of nursing within another state or a recognized jurisdiction. (i) If the applicant cannot provide evidence of continuing education or involvement in the practice of nursing, he or she shall be required to successfully complete a formal refresher program as prescribed by the Board. (j) Fee schedules- (1) Fee schedules for all licensing activities shall be established and revised as necessary by the Board. (2) There is established the Board of Nurse Licensure Revolving Fund in which shall be deposited all monies received in the form of fees by the Board of Nurse Licensure. Monies shall be disbursed from the Nurse Licensure Revolving Fund by the Commissioner of Finance, upon the certification of the Chairman of the Board of Nurse Licensure, to pay the administrative expenses of the Board. History: Amended Jan. 12, 1982, No. 4666, § 6, Sess. L. 1981, p. 301; amended July 9, 2018, No. 8062, § 1(a)-(d), Sess. L. 2018, p. 119.

(a) The Board shall adopt rules regarding educational objectives, broad curriculum guidelines, and such administrative procedures as are necessary to insure that the program will prepare persons to begin the practice of nursing according to the objectives of the program and the definition of nursing as stated in this subchapter. (b) Persons desiring approval of a proposed nursing program from the Board shall apply to the Board for such approval and submit evidence showing compliance with the rules of the Board. (c) Nursing programs complying with the rules of the Board shall be granted approval by the Board. (d) The Board shall make periodic reviews of approved programs of nursing to determine compliance with the standards and rules established by the Board. If the Board determines that the approved program is not in compliance with its standards, a written statement indicating the areas of non-compliance shall be given to the nursing program, and a reasonable time given to permit compliance. The Board may place nursing programs on probationary status until such time as its standards are adhered to. If, at the conclusion of the probationary period the program fails to meet the Board's standards, approval shall be rescinded. Any school having its approval rescinded shall have the right to reapply. (e) A nursing program not granted initial or continued approval after reapplication may appeal to a court of competent jurisdiction within 30 days of written notification by the Board of its decision. History: Amended Jan. 12, 1982, No. 4666, § 6, Sess. L. 1981, p. 301.

No provision of this subchapter shall be construed as prohibiting- (1) care to the sick rendered by family members, friends, non-institutionalized persons, or incidental care given by domestic hired help, as long as such care does not include the practice of nursing as defined in this subchapter; (2) assistance by anyone in case of an emergency; (3) the practice of nursing by a student enrolled in an approved school of nursing; (4) the practice of nursing by a nurse currently licensed in one of the United States or its territories for a period of up to 90 days, after providing the employer with satisfactory evidence of current licensure, and after having submitted proper application and fees to the Board for licensure prior to employment. This time may be extended by the Board for administrative reasons when necessary; (5) the practice of nursing by a licensed nurse in another state by one who is employed by the United States Government, or any bureau, agency, or division thereof, while in the discharge of official duties; (6) the practice of nursing by graduates of an approved school or its equivalent, for a period up to one year after becoming eligible to sit the licensing examination, provided that they practice under the direct supervision of a registered nurse. The Board shall determine what constitutes direct nursing supervision; and (7) the performance of basic nursing care by nursing assistants, supervised by a registered nurse or a licensed practical nurse. History: Amended Jan. 12, 1982, No. 4666, § 6, Sess. L. 1981, p. 301.

(a) The Board may deny, revoke or suspend any license to practice nursing issued by the Board or applied for in accordance with the provisions of this subchapter, upon proof that the person- (1) is guilty of fraud or deceit, in procuring or attempting to procure a license to practice nursing; (2) is guilty of a felonious act; (3) is incompetent by reason of negligence; (4) is addicted to the use of a drug which interferes with the competent function of any duties; (5) is mentally ill; or (6) is guilty of violating the nursing profession Code of Ethics, or has willfully and repeatedly violated any of the provisions of this subchapter. (b) Upon the filing of a sworn complaint with the Board charging a person with having been guilty of any action specified in subsection (a) of this section as grounds for disciplinary action, the Board shall appoint members to investigate the charge, together with a notice of the hearing, to 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 subpoena issued by the Board, 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. Appeals from decisions of the Board may be made to a competent court of law. (c) If the accused is found guilty of the charges the Board may refuse to issue a license to the applicant or may revoke or suspend the license. (d) A revoked or suspended license may be reissued after one (1) year in the discretion of the Board. History: Amended Jan. 12, 1982, No. 4666, § 6, Sess. L. 1981, p. 301.

History: Repealed. Jan. 12, 1982, No. 4666, § 6, Sess. L. 1981, p. 301.

(a) Qualifications. A person is qualified for licensure as an advanced practice registered nurse if that person: (1) has applied in writing in form and substance satisfactory to the Board and has not violated a provision of this chapter or the rules adopted under this chapter. The Board may take into consideration any felony conviction of the applicant, but a conviction does not operate as an absolute bar to licensure; (2) holds a current license to practice as a registered nurse in the Virgin Islands; (3) has successfully completed requirements to practice as, and holds a current, national certification as, a nurse midwife, clinical nurse specialist, nurse practitioner or nurse anesthetist from the appropriate national certifying body as determined by rule of the Board; (4) has paid the required fees as set by rule; (5) has successfully completed a post-basic, advanced- practice, formal education program in the area of his nursing specialty. The Board shall maintain a separate roster of advanced practice nurses licensed under this section and their licenses shall indicate advanced practice registered nurse; (6) In addition to meeting the requirements of subsection (a), except paragraph paragraph (5)ubsection, beginning July 1, 2005, or 12 months after the adoption of final rules to implement this section, whichever is sooner, applicants for initial licensure must have a graduate degree appropriate for national certification in a clinical, advanced- practice nursing specialty. The Board shall provide by rule for APRN licensure of registered nurses who apply for licensure after July 1, 2005; and (7) submit evidence of completion of a program described in subparagraph (5) of subsection (a) or in subsection (b). (b) Written collaborative agreements. (1) No person may engage in the practice of advanced practice nursing except when licensed under this section and pursuant to a written collaborative agreement with a collaborating physician. (2) (A) A written collaborative agreement must describe the working relationship of the advanced practice nurse with the collaborating physician. Collaboration does not require an employment relationship between the collaborating physician and advanced practice registered nurse. Collaboration means the relationship under which an advanced practice nurse works with a collaborating physician in an active clinical practice to deliver health care services in accordance with (i) the advanced practice nurse's training, education, and experience and (ii) medical practice as documented in a jointly developed written collaborative agreement. (B) The agreement must be defined to promote the exercise of professional judgment by the advanced practice registered nurse commensurate with his education and experience. The services to be provided by the advanced practice registered nurse must be services that the collaborating physician generally provides to his patients in the normal course of his clinical medical practice. The agreement need not describe the exact steps that an advanced practice registered nurse must take with respect to each specific condition, disease, or symptom, but must specify which authorized procedures require a physician's presence as the procedures are being performed. The collaborative relationship under an agreement may not be construed to require the personal presence of a physician at all times at the place where services are rendered. Methods of communication must be available for consultation with the collaborating physician in person or by telecommunications in accordance with established written guidelines as set forth in the written agreement. (3) Physician medical consultation under an agreement is adequate if a collaborating physician: (A) participates with the advanced practice registered nurse in the formulation and approval of the agreement, and in periodically reviewing medical services provided to patients by the advanced practice registered nurse in order to maintain compliance with the agreement; (B) is on site at least once a week to provide medical consultation; and (C) is available in person or through secured telecommunications for consultation on medical problems, complications, emergencies or patient referral. (4) A copy of the signed, written collaborative agreement must be submitted to the Board and the Composite Virgin Islands Board of Medical Examiners from both the advanced practice registered nurse, and the collaborating physician and must be annually updated. An advanced practice registered nurse shall inform each collaborating physician of all collaborative agreements he has signed and provide a copy of these to any collaborating physician, upon request. (c) Prescriptive authority. (1) The APRN may prescribe and administer drugs and medical devices to the extent established by the Rules and Regulations of the Board. This authority may, but is not required to, include prescription and dispensing of legend drugs and legend controlled substances categorized as Schedule IV, or V controlled substances, as defined in title 19 Virgin Islands Code, title 19 Virgin Islands Code, section 595bstances Law). (2) To prescribe Schedule IV, or V controlled substances under this section, an advanced practice registered nurse must obtain a mid-level practitioner controlled substance license. Medication orders must be reviewed periodically by the collaborating physician. (3) The collaborating physician shall file with the Board and the Composite Virgin Islands Board of Medical Examiners notice of prescriptive authority in accordance with rules of the Board. Upon the Board's receipt of authority to prescribe Schedule IV, or V controlled substances, the licensed advanced practice registered nurse is eligible to register for a mid-level practitioner controlled substance license under section 59section 599. title 19 (4) Nothing in this subchapter may be construed to limit the delegation of tasks or duties by a physician to a licensed practical nurse, a registered professional nurse, or other personnel. (d) Title. (1) No person may use any words, abbreviations, figures, letters, title, sign, card, or device tending to imply that he or she is an advanced practice registered nurse, including but not limited to using the titles or initials "Advanced Practice Registered Nurse" "APRN", "Certified Nurse Midwife" "C.N.M.", "Certified Nurse Practitioner" "C.N.P.", "Clinical Nurse Specialist" "C.N.S.", "Certified Nurse Anesthetist" C.N.A. or similar titles or initials, with the intention of indicating practice as an advanced practice registered nurse without meeting the requirements of this section. No advanced practice registered nurse may use the title of doctor or associate with his name or any other term to indicate to other persons that he is qualified to engage in the general practice of medicine. (2) An advanced practice registered nurse shall verbally identify himself as an advanced practice nurse including specialty certification to each patient. (3) Nothing in this section may be construed to relieve a physician of professional or legal responsibility for the care and treatment of persons attended by him or to relieve an advanced practice registered nurse of the professional or legal responsibility for the care and treatment of persons attended by him. (e) Continuing education. The Board shall adopt rules pertaining to continuing education for persons licensed under this subchapter which require 30 hours of continuing education per two-year license renewal cycle. The rules may not be inconsistent with requirements of relevant, national certifying bodies or State or national professional associations. The rules must also address variances in part or in whole for good cause, including but not limited to illness or hardship. The continuing education rules must assure that licensees are given the opportunity to participate in programs sponsored by or through their State or national professional associations, hospitals, or other providers of continuing education. Each licensee is responsible for maintaining records of completion of continuing education and must be prepared to produce the records when requested by the Board. (f) Grounds for disciplinary action. (1) The Board may refuse to issue or to renew, or may revoke, suspend, place on probation, censure or reprimand, or take other disciplinary action as the Board may consider appropriate with regard to a license issued under this subchapter, including the issuance of fines not to exceed $5,000 for each violation, for any one or combination of the grounds for discipline set forth in this subsection or for any one or combination of the following causes: (A) Gross negligence in the practice of advanced practice nursing. (B) Exceeding the terms of a collaborative agreement or the prescriptive authority delegated to the advanced practice registered nurse by his collaborating physician or alternate collaborating physician in guidelines established under a written collaborative agreement. (C) Making a false or misleading statement regarding licensee's skill or the efficacy or value of the medicine, treatment, or remedy prescribed by him in the course of treatment. (D) Prescribing, selling, administering, distributing, giving, or self administering a drug classified as a controlled substance, designated product, or narcotic for other than medically accepted therapeutic purposes. (E) Promotion of the sale of drugs, devices, appliances, or goods provided for a patient in a manner to exploit the patient for financial gain. (F) Violating federal, state, or territorial laws or regulations relating to controlled substances. (G) Willfully or negligently violating the confidentiality between advanced practice registered nurse, collaborating physician, and patient, except as required by law. (H) Failure of a licensee to report to the Board any adverse final action taken against such licensee by another licensing jurisdiction, including any jurisdiction of the United States or any foreign, state or country, any peer review body, any health care institution, a professional or nursing or advanced practice nursing society or association, a governmental agency, a law enforcement agency, or a court or a liability claim relating to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section. (I) Failure of a licensee to report to the Board surrender by the licensee of a license or authorization to practice nursing or advanced practice nursing in another state or jurisdiction, or current surrender by the licensee of membership on any nursing staff or organized health care professional staff or in any nursing, advanced practice nurse, or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section. (J) Failing, within 60 days to provide information in response to a written request made by the Board. (K) Failure to establish and maintain records of patient care and treatment as required by law. (L) Any violation of any section of this subchapter. When the Board has received written reports concerning incidents required to be reported in subparagraphs (H) and (I), the licensee's failure to report the incident to the Board under those subparagraphs may not be the sole grounds for disciplinary action. (2) In enforcing this section, the Board, upon a showing of a possible violation, may compel an individual licensed to practice under this subchapter, or who has applied for licensure under this subchapter, to submit to a mental or physical examination or both, as required by and at the expense of the Board. The Board may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information may be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physician must be specifically designated by the Board. The individual to be examined may have, at the individual's own expense, another physician of the individual's choice present during all aspects of this examination. Failure of an individual to submit to a mental or physical examination when directed shall be ground for suspension of the individual's license until the individual submits to the examination, if the Board finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause. If the Board finds an individual unable to practice because of the reasons set forth in this section, the Board may require that individual to submit to care, counseling, or treatment by physicians approved or designated by the Board as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Board may file a complaint to immediately suspend, revoke, the license or otherwise discipline the individual. An individual disciplined whose license was granted, continued, reinstated, renewed, or supervised subject to terms, conditions, or restrictions, and who fails to comply with the terms, conditions, or restrictions, shall be referred to the Board for a determination as to whether the individual shall have his license suspended immediately, pending a hearing by the Board. In instances in which the Board immediately suspends an individual's license under this section, a hearing on that individual's license must be convened by the Board within 15 days after the suspension and must be completed without appreciable delay. The Board has the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. An individual licensed under this subchapter and affected under this section shall be afforded an opportunity to demonstrate to the Board that he can resume practice in compliance with acceptable and prevailing standards under the provisions of his license. (g) Reports relating to professional conduct and capacity; entities required to report. (1) (A) Health care institutions. The chief administrator or executive officer of a health care institution licensed by the Department of Health, shall report to the Board when a licensee's organized, professional, staff clinical privileges are terminated or are restricted based on a final determination, in accordance with that institution's bylaws or rules and regulations, that (i) a licensee has either committed an act or acts that may directly threaten patient care and that are not of an administrative nature or (ii) that a licensee may be mentally or physically disabled in a manner that may endanger patients under that person's care. The chief administrator or officer shall also report if a licensee accepts voluntary termination or restriction of clinical privileges in lieu of formal action based upon conduct related directly to patient care and not of an administrative nature, or in lieu of formal action seeking to determine whether a licensee may be mentally or physically disabled in a manner that may endanger patients under that person's care. The Board shall provide by rule for the reporting to it of all instances in which a person licensed under this title, who is impaired by reason of age, drug, or alcohol abuse or physical or mental impairment, is under supervision and, where appropriate, is in a program of rehabilitation. Reports submitted under this subsection are strictly confidential and may be reviewed and considered only by the members of the Board or authorized staff as provided by rule of the Board. Provisions shall be made for the periodic report of the status of any such reported person not less than twice annually in order that the Board has current information upon which to determine the status of that person. The filing of reports submitted under this subsection must be construed as the filing of a report for purposes of subsection (3) of this section. (B) Professional associations. The President or Chief Executive Officer of an association or society of persons licensed under this chapter, operating within the Virgin Islands, shall report to the Board when the association or society renders a final determination that a person licensed under this title has committed unprofessional conduct related directly to patient care or that a person may be mentally or physically disabled in a manner that may endanger patients under the person's care. (C) Professional liability insurers. Every insurance company that offers policies of professional liability insurance to persons licensed under this chapter, or any other entity that seeks to indemnify the professional liability of a person licensed under this chapter, shall report to the Board the settlement of any claim or cause of action, or final judgment rendered in any cause of action that alleged negligence in the furnishing of patient care by the licensee, when the settlement or final judgment is in favor of the plaintiff. (D) Attorney General. The Attorney General shall report to the Board all instances in which a person licensed under this chapter is convicted or otherwise found guilty of the commission of a felony. (E) Agencies. All agencies, boards, commissions, departments, or other instrumentalities of the government of the Virgin Islands shall report to the Board any instance arising in connection with the operations of the agency, including the administration of any law by the agency, in which a person licensed under this subchapter has either committed an act or acts that may constitute a violation of this subchapter, that may constitute unprofessional conduct related directly to patient care, or that indicates that a person licensed under this subchapter may be mentally or physically disabled in a manner that may endanger patients under that person's care. (2) Mandatory reporting. All reports required under items (H) and (I) of subsection (f)(1) of this section and under this paragraph must be submitted to the Board in a timely fashion. The reports must be filed in writing within 60 days after a determination that a report is required under this chapter. All reports must contain the following information: (A) The name, address, and telephone number of the person making the report. (B) The name, address, and telephone number of the person who is the subject of the report. (C) The name or other means of identification of any patient or patients whose treatment is a subject of the report, except that no medical records may be revealed without the written consent of the patient or patients. (D) A brief description of the facts that gave rise to the issuance of the report, including but not limited to the dates of any occurrences deemed to necessitate the filing of the report. (E) If court action is involved, the identity of the court in which the action is filed, the docket number, and date of filing of the action. (F) Any further pertinent information that the reporting party deems to be an aid in the evaluation of the report. Nothing contained in this section shall be construed to in any way waive or modify the confidentiality of medical reports and committee reports to the extent provided by law. Any information reported or disclosed shall be kept for the confidential use of the Board, the Board's attorneys, the investigative staff, and authorized clerical staff. (3) Immunity from prosecution. An individual or organization acting in goad faith, and not in a willful and wanton manner, in complying with this chapter by providing a report or other information to the Board, by assisting in the investigation or preparation of a report or information, by participating in proceedings of the Board, or by serving as a member of the Board shall not, as a result of such actions, be subject to criminal prosecution or civil damages. (4) Indemnification. Members of the Board, the Board's attorneys, the investigative staff, advanced practice registered nurses or physicians retained under contract to assist and advise in the investigation, and authorized clerical staff shall be indemnified by the Government for any actions (i) occurring within the scope of services on the Board, (ii) performed in good faith, and (iii) not willful and wanton in nature. The Attorney General shall defend all actions taken against those persons unless, the Attorney General determines either that there would be a conflict of interest in the representation or that the actions complained of were not performed in good faith or were willful and wanton in nature. If the Attorney General determines that the actions complained of were not performed in good faith, or were willful and wanton and declines representation, the member shall have the right to employ counsel of his choice at his own expense. The member shall notify the Attorney General within 7 days after receipt of notice of the initiation of an action involving services of the Board. Failure to so notify the Attorney General shall constitute an absolute waiver of the right to a defense and indemnification. The Attorney General shall determine within 7 days after receiving the notice whether he will undertake to represent the member. (5) Deliberations of Board. Upon the receipt of a report called for by this chapter, other than those reports of impaired persons licensed under this chapter required pursuant to the rules of the Board, the Board shall notify in writing by certified mail the person who is the subject of the report. The notification must be made within 30 days after receipt by the Board of the report. The notification shall include a written notice setting forth the person's right to examine the report. Included in the notification must be the address at which the file is maintained, the name of the custodian of the reports, and the telephone number at which the custodian may be reached. The person who is the subject of the report shall submit a written statement responding to, clarifying, adding to, or proposing to amend the report previously filed. The statement shall become a permanent part of the file and must be received by the Board no more than 30 days after the date on which the person was notified of the existence of the original report. The Board shall review all reports received by it and any supporting information and responding statements submitted by persons who are the subject of reports. The review by the Board must be in a timely manner, but in no event shall the Board's initial review of the material contained in each disciplinary file be less than 61 days or more than 180 days after the receipt of the initial report by the Board. When the Board makes its initial review of the materials contained within its disciplinary files, the Board shall, in writing, make a determination as to whether there are sufficient facts to warrant further investigation or action. Failure to make that determination within the time provided shall be deemed to be a determination that there are not sufficient facts to warrant further investigation or action. Should the Board find that there are not sufficient facts to warrant further investigation or action, the report must be accepted for filing and the matter must be deemed closed and so reported. The individual or entity filing the original report or complaint and the person who is the subject of the report or complaint must be notified in writing by the Board of any final action on their report or complaint. (6) Summary reports. The Board shall prepare, on a timely basis, but in no event less than one every other month, a summary report of final actions taken upon disciplinary files maintained by the Board. The summary reports must be sent by the Board to every health care facility licensed by the Department of Health, every professional association and society of persons licensed under this title functioning on a territory-wide basis in the Virgin Islands, all insurers providing professional liability insurance to persons licensed under this Title in the Virgin Islands, and the Virgin Islands Pharmacists Association. (7) Any violation of this section shall constitute a misdemeanor. (8) If a person violates the provisions of this section, an action may be brought in the name of the people of the Virgin Islands, through the Attorney General of the Virgin Islands, for an order enjoining the violation or for an order enforcing compliance with this section. Upon filing of a verified petition in court, the court may issue a temporary restraining order without notice or bond and may preliminarily or permanently enjoin the violation, and if it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this subsection are in addition to, and not in lieu of, all other remedies and penalties provided for by this section. History: Added May 28, 2005, No. 6736, § 2, Sess. L. 2005, pp. 177-188; amended Aug. 31, 2005, No. 6755, § 7 1.-5., Sess. L. 2005, pp. 229, 230.

The Nurse Licensure Compact is enacted and entered into with all other jurisdictions that legally join in the Compact in the form substantially as the Compact appears in this section as follows. The party states find: (a) The health and safety of the public are affected by the compliance with, and the effectiveness of enforcement activities related to state nurse licensure laws; (b) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public; (c) The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation; (d) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex; (e) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; (f) Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits; and (g) The general purposes of this Compact are to: (1) Facilitate the states' responsibility to protect the health and safety of the public; (2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation; (3) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions; (4) Promote compliance with the laws governing the practice of nursing in each jurisdiction; (5) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses; (6) Decrease redundancies in the consideration and issuance of nurse licenses; and (7) Provide opportunities for interstate practice by nurses who meet uniform licensure requirements. History: Added Dec. 6, 2021, No. 8503, § 1, Sess. L. 2021, p. 173, 174.

As used in this Compact: (a) "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action. (b) "Alternative program" means a non-disciplinary monitoring program approved by a licensing board. (c) "Commission" means the Interstate Commission of Nurse Licensure Compact Administrators established by this compact. (d) "Compact" means the Nurse Licensure Compact recognized, established, and entered into by the state under this compact. (e) "Coordinated licensure information system" means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards. (f) "Current significant investigative information" means either: (1) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or (2) Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond. (g) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board. (h) "Home state" means the party state that is the nurse's primary state of residence. (i) "Licensing board" means the party state's regulatory body responsible for issuing nurse licenses. (j) "Multistate license" means a license to practice as a registered or a licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege. (k) "Multistate licensure privilege" means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or licensed practical/vocational nurse LPN/VN in a remote state. (l) "Nurse" means RN or LPN/VN, as those terms are defined by each party state's practice laws. (m) "Party state" means any state that has adopted this Compact. (n) "Remote state" means a party state, other than the home state. (o) "Single state license" means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state. (p) "State" means a state, territory or possession of the United States and the District of Columbia. (q) "State practice laws" means a party state's laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. "State practice laws" do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state. History: Added Dec. 6, 2021, No. 8503, § 1, Sess. L. 2021, p. 174-176.

(a) A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in the state is recognized by each party state as authorizing a nurse to practice as a RN or as a LPN/VN, under a multistate licensure privilege, in each party state. (b) A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures must include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining the state's criminal records. (c) To obtain or retain a multistate license in the home state, the home state shall require that the applicant: (1) Meets the home state's qualifications for licensure or renewal of licensure, as well as, all other applicable state laws; (2) (A) Has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN prelicensure education program; or (B) Has graduated from a foreign RN or LPN/VN prelicensure education program that: (i) has been approved by the authorized accrediting body in the applicable country; and (ii) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program; (3) Has graduated from a foreign prelicensure education program, if not taught in English, or if English is not the individual's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening; (4) Has successfully passed an NCLEX-RN or NCLEX-PN Examination or recognized predecessor, as applicable; (5) Is eligible for or holds an active, unencumbered license; (6) Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining the state's criminal records; (7) Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law; (8) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis; (9) Is not currently enrolled in an alternative program; (10) Is subject to self-disclosure requirements regarding current participation in an alternative program; and (11) Has a valid United States Social Security number. (d) All party states may, in accordance with existing state due process law, take adverse action against a nurse's multistate licensure privilege, such as revocation, suspension, probation or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states. (e) A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care but includes all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege subjects a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided. (f) Individuals not residing in a party state may apply for a party state's single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals does not grant the privilege to practice nursing in any other party state. Nothing in this Compact affects the requirements established by a party state for the issuance of a single-state license. (g) Any nurse holding a home state multistate license, on the effective date of this Compact, may retain and renew the multistate license issued by the nurse's then-current home state, if: (1) A nurse, who changes primary state of residence after this Compact's effective date, meets all section 113(c), Article 3(c) requirements to obtain a multistate license from a new home state. (2) A nurse who fails to satisfy the multistate licensure requirements in section 113(c), Article 3(c) due to a disqualifying event occurring after this Compact's effective date, shall be ineligible to retain or renew a multistate license, and the nurse's multistate license must be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators ("Commission"). History: Added Dec. 6, 2021, No. 8503, § 1, Sess. L. 2021, p. 176-178.

(a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program. (b) A nurse may hold a multistate license issued by the home state in only one-party state at a time. (c) If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state must be deactivated in accordance with applicable rules adopted by the Commission. (1) The nurse may apply for licensure in advance of a change in primary state of residence. (2) A multistate license must not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state. (3) If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state must convert to a single-state license, valid only in the former home state. History: Added Dec. 6, 2021, No. 8503, § 1, Sess. L. 2021, p. 178.

Boards (a) In addition to other powers conferred by state law, a licensing board may: (1) Take adverse action against a nurse's multistate licensure privilege to practice within that party state. (A) Only the home state may take adverse action against a nurse's license issued by the home state. (B) For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. (2) Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state. (3) Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board may also take appropriate action and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions. (4) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witness, as well as, the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located. (5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions. (6) If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse. (7) Take adverse action based on the factual findings of the remote state if the licensing board follows its own procedures for taking such adverse action. (b) If adverse action is taken by home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states must be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license must include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order. (c) Nothing in this Compact overrides a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program. History: Added Dec. 6, 2021, No. 8503, § 1, Sess. L. 2021, p. 179, 180.

of Information (a) All party states shall participate in a coordinated licensure information system of all licensed RNs and LPNs/VNs. This system must include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts. (b) The Commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this Compact. (c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications, with the reasons for such denials, and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law. (d) Current significant investigative information and participation in nonpublic or confidential alternative programs must be transmitted through the coordinated licensure information system only to party state licensing boards. (e) Notwithstanding any other law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state. (f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board must not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information. (g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information must also be expunged from the coordinated licensure information system. (h) The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state which must include, at a minimum: (1) Identifying information; (2) Licensure data; (3) Information related to alternative program participation; and (4) Other information that may facilitate the administration of this Compact, as determined by Commission rules. (i) The Compact administrator of a party state shall provide all investigative documents and information requested by another party state. History: Added Dec. 6, 2021, No. 8503, § 1, Sess. L. 2021, p. 180, 181.

Licensure Compact Administrators (a) There is created and established by the party states a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators. (1) The Commission is an instrumentality of the party states. (2) Venue is proper, and judicial proceedings by or against the Commission must be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (3) Nothing in this Compact may be construed to be a waiver of sovereign immunity. (b) Membership, Voting and Meetings (1) Each party state has and is limited to one administrator. The head of the state licensing board of designee is the administrator of this Compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the Administrator is appointed. Any vacancy occurring in the Commission must be filled in accordance with the laws of the party state in which the vacancy exists. (2) Each administrator is entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication. (3) The Commission shall meet at least once during each calendar year. Additional meetings must be held as set forth in the bylaws or rules of the Commission. (4) All meetings must be open to the public, and public notice of meetings must be given in the same manner as required under the rulemaking provisions in section 118, article 8. (5) The Commission may convene in a closed, nonpublic meeting if the Commission must discuss: (A) Noncompliance of a party state with its obligations under this Compact; (B) The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; (C) Current, threatened or reasonably anticipated litigation; (D) Negotiation of contracts for the purchase or sale of goods, services or real estate; (E) Accusing any person of a crime or formally censuring any person; (F) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (G) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (H) Disclosure of investigatory records compiled for law enforcement purposes; (I) Disclosure of information related to any reports prepared by or on behalf of the Commission for the purpose of investigation of compliance with this Compact; or (J) Matters specifically exempted from disclosure by federal or state statute. (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction. (c) The Commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this Compact, including but not limited to: (1) Establishing the fiscal year of the Commission; (2) Providing reasonable standards and procedures: (A) For the establishment and meetings of other committees; and (B) Governing any general or specific delegation of any authority or function of the Commission; (3) Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed; (4) Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission; (5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws exclusively govern the personnel policies and programs of the Commission; and (6) Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of this Compact after the payment or reserving of all of its debts and obligations; (d) The Commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the Commission. (e) The Commission shall maintain its financial records in accordance with the bylaws. (f) The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws. (g) The Commission has the following powers: (1) To promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules have the force of law and are binding in all party states; (2) To bring and prosecute legal proceedings or actions in the name of the Commission, but the standing of any licensing board to sue or be sued under applicable law is not affected; (3) To purchase and maintain insurance and bonds; (4) To borrow, accept or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations; (5) To cooperate with other organizations that administer state compacts related to the regulation of nursing, including but not limited to sharing administrative or staff expenses, office space or other resources; (6) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters; (7) To accept any and all appropriate donations, grants and gifts of money, equipment, supplies materials and services, and to receive, utilize and dispose of them, but at all times the Commission shall avoid any appearance of impropriety or conflict of interest; (8) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold improve or use, any property, whether real, personal or mixed; but at all times the Commission shall avoid any appearance of impropriety; (9) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed; (10) To establish a budget and make expenditures; (11) To borrow money; (12) To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons; (13) To provide and receive information from, and to cooperate with, law enforcement agencies; (14) To adopt and use an official seal; and (15) To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of nurse licensure and practice. (h) Financing of the Commission: (1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. (2) The Commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, must be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule that is binding upon all party states. (3) The Commission may not incur obligations of any kind prior to securing the funds adequate to meet the obligations; nor may the Commission pledge the credit of any of the party states, except by, and with the authority of, such party state. (4) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the Commission. (i) Qualified immunity, defense and indemnification: (1) The administrators, officers, executive director, employees and representatives of the Commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph may be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person. (2) The Commission shall defend any administrator, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, but nothing herein may be construed to prohibit that person from retaining that person's own counsel; and except that the actual or alleged act, error or omission must not have resulted from that person's intentional, willful or wanton misconduct. (3) The Commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the Commission for the amount of any settlement or judgement obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing it occurred within the scope of Commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person. History: Added Dec. 6, 2021, No. 8503, § 1, Sess. L. 2021, p. 181-186.

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments become binding as of the date specified in each rule or amendment and shall have the same force as provisions of this Compact. (b) Rules or amendments to the rules must be adopted at a regular or special meetings of the Commission. (c) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking: (1) On the website of the Commission; and (2) On the website of each licensing board or the publication in which each state would otherwise publish proposed rules. (d) The notice of proposed rulemaking must include: (1) The proposed time, date and location of the meeting in which the rule will be considered and voted upon; (2) The text of the proposed rule or amendment, and the reason for the proposed rule; (3) A request for comments on the proposed rule from any interested person; and (4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments. (e) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which must be made available to the public. (f) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment. (g) The Commission shall publish the place, time and date of the scheduled public hearing. (1) Hearings must be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings must be recorded, and a copy must be made available upon request. (2) Nothing in this section may be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section. (h) If no one appears at the public hearing, the Commission may proceed with promulgation of the proposed rule. (i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received. (j) The Commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. (k) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice and opportunity for comment or hearing, but the usual rulemaking procedures provided in this Compact and in this section must be retroactively applied to the rule as soon as reasonably possible, but not later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety or welfare; (2) Prevent a loss of Commission or party state funds; or (3) Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule. (l) The Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions must be posted on the website of the Commission. The revision is subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing, and delivered to the Commission, prior to the end of the notice period. If no challenge is made, the revision must take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission. History: Added Dec. 6, 2021, No. 8503, § 1, Sess. L. 2021, p. 186-188.

(a) Oversight: (1) Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact's purposes and intent. (2) The Commission is entitled to receive service of process in any proceeding that may affect the powers, responsibilities or actions of the Commission, and has standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission renders a judgement or order void as to the Commission, this Compact or promulgated rules. (b) Default, technical assistance and termination: (1) If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall: (A) Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the Commission; and (B) Provide remedial training and specific technical assistance regarding the default. (2) If a state in default fails to cure the default, the defaulting state's membership in this Compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (3) Termination of membership in this Compact must be imposed only after all other means of securing compliance have been exhausted. Notice of suspension or termination must be given by the Commission to the governor of the defaulting state and to the executive officer of the defaulting state's licensing board and each of the party states. (4) A state whose membership in this Compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (5) The Commission does not bear any costs related to a state that is found to be in default or whose membership in this Compact has been terminated unless agreed upon in writing between the Commission and the defaulting state. (6) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices. The prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees. (c) Dispute Resolution: (1) Upon request by a party state, the Commission shall attempt to resolve disputes related to the Compact that arise among party states and between party and non-party states. (2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate. (3) In the event the Commission cannot resolve disputes among party states arising under this Compact: (A) The party states may submit the issues in dispute to an arbitration panel, which must be comprised of individuals appointed by the Compact administrator in each of the affected party states and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute. (B) The decision of a majority of the arbitrators is final and binding. (d) Enforcement: (1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact. (2) By majority vote, the Commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorneys' fees. (3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law. History: Added Dec. 6, 2021, No. 8503, § 1, Sess. L. 2021, p. 188-190.

(a) This Compact becomes effective and binding on the earlier of the date of legislative enactment of this Compact into law by no less than 26 states or December 31, 2019. All party states to this Compact, that also were parties to the prior Nurse Licensure Compact, superseded by this Compact, (Prior Compact), are deemed to have withdrawn from the Prior Compact within six months after the effective date of this Compact. (b) Each party state to this Compact shall continue to recognize a nurse's multistate licensure privilege to practice in that party state issued under the Prior Compact until such party state has withdrawn from the Prior Compact. (c) Any party state may withdraw from this Compact by enacting a statute repealing the Compact. A party state's withdrawal does not take effect until six months after enactment of the repealing statute. (d) A party state's withdrawal or termination does not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination. (e) Nothing contained in this Compact may be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of this Compact. (f) This Compact may be amended by the party states. No amendment to this Compact becomes effective and binding upon the party states unless and until it is enacted into laws of all party states. (g) Representatives of non-party states to this Compact may be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of the Compact by all states. History: Added Dec. 6, 2021, No. 8503, § 1, Sess. L. 2021, p. 190.

(a) The Compact must be liberally construed so as to effectuate its purposes. The provisions of this Compact are severable, and if any article, section, subsection, phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability of this Compact to any government, agency, person or circumstance is not affected thereby. (b) If this Compact is contrary to the constitution of any party state, this Compact remains in full force as to the remaining party states and in full force and effect as to the party state affected as to all severable matters. History: Added Dec. 6, 2021, No. 8503, § 1, Sess. L. 2021, p. 190, 191.

(a) Any physician, hospital, federally qualified health center, urgent care facility, surgical center, any other healthcare entity defined in 19 V.I.C. § 221, or any other health care facility or provider that employs a nurse pursuant to the Nurse Licensure Compact shall register the nurse in the Nurse Licensure e-Notify system not later than 10 days after the nurse's first day of employment. If a nurse is not registered within 10 days of the nurse's employment, the Virgin Islands Board of Nurse Licensure shall impose a $500 fine on the hiring entity. The Virgin Islands Board of Nurse Licensure shall impose an additional fine of $1,000 on the hiring entity if the nurse has not been registered within 30 days of the date of employment. (b) If it is determined that a nurse does not possess a valid multistate license or has submitted any false or fraudulent statements or documentation to the Interstate Commission of Nurse Licensure Compact Administrators or to a prospective employer, the Virgin Islands Board of Nurse Licensure shall immediately report its findings to the physician or entity defined in 19 V.I.C. § 221, or any other health care facility or provider and to the Attorney General of the Virgin Islands. History: Added Dec. 6, 2021, No. 8503, § 1, Sess. L. 2021, p. 191.

As used in this subchapter, unless the context otherwise requires: "Appropriate tests" means a test that the federal Centers for Medicare and Medicaid Services (CMS) has determined qualifies for a certificate of waiver under the federal Clinical Laboratory Improvement Amendments of 1988, as amended (CLIA), and the federal rules adopted thereunder, and such other tests as approved by federal or territorial law. "Board of Pharmacy" or "Board" means the Virgin Islands Board of Pharmacy as provided for in section 415(b)(3) of Title 3. "Drugs" or "pharmaceutical preparations" are (1) articles recognized in official United States Pharmacopoeia, or official National Formulary or any supplement to either of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; (2) all other articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; (3) articles, other than food, intended to affect the structure or any function of the body of man or other animals; (4) articles intended for use as a component or any articles specified in subdivisions (1), (2), or (3); but does not include devices or their components, parts, or accessories. "Licensed" includes "registered". "Medical practitioner" means a physician, dentist, veterinarian or other person duly authorized and licensed by law to prescribe drugs. "Pharmacist" means a person duly licensed by the Board of Pharmacy to engage in the practice of pharmacy. "Pharmacy" or "drug store" includes pharmacy departments and prescription laboratories, and means a place licensed by the Government of the Virgin Islands with the approval of the Board, where drugs, chemicals, medicines, prescriptions and poisons are compounded, dispensed or sold at retail and immunizations recommended and administered and appropriate tests ordered, conducted and interpreted. Except with respect to the licensing requirements of section 151 of this subchapter the term shall also include the pharmacy department or prescription laboratory of a hospital. "Prescription" means a written or oral order for drugs issued by a duly licensed medical practitioner in the course of his professional practice. "Practice of pharmacy" means the practice of that profession concerned with the art and science of preparing, compounding and dispensing of drugs and devices, whether dispensed on the prescription of a medical practitioner or legally dispensed or sold directly to the ultimate consumer, and shall include the proper and safe storage and distribution of drugs, the maintenance of proper records therefor, and the responsibility of relating information as required concerning such drugs and medicines and their therapeutic values and uses in the treatment and prevention of disease; Provided, however, That "practice of pharmacy" shall not include the operations of a manufacturer or wholesaler as defined in section 591 of Title 19. History: Added Apr. 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179; amended May 15, 2014, No. 7593, § 1(a)(1), (2), Sess. L. 2014, p. 54-55.

(a) Any person desiring to engage in the practice of pharmacy in the Virgin Islands, or desirous of operating a pharmacy in the Virgin Islands, shall first obtain a license to do so in accordance with the provisions of this subchapter. (b) A license issued pursuant to this subchapter for the operation of a pharmacy shall be issued for a period of two years. History: Added Apr. 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179; amended Sept. 20, 2011, No. 7270, § 10, Sess. L. 2011, p. 135.

(a) Application for license as a pharmacist shall be on a form provided by the Board and sent to the Board not less than six weeks prior to the examination accompanied by an examination fee of $50 and satisfactory proof that the applicant- (1) is not less than twenty-one years of age and a legal resident of the United States; (2) has resided in the Virgin Islands for six consecutive months immediately preceding the examination; (3) is of good moral and professional character, will properly carry out the duties and responsibilities required of a pharmacist, and is not unfit or unable to practice pharmacy by reason of the extent or manner of his use of alcoholic beverages, narcotic drugs or dangerous drugs or by reason of a physical or mental disability; (4) (A) holds a degree in pharmacy granted by a school or college of pharmacy which is accredited by the American Council on Pharmaceutical Education or its successor; Provided, That in the case of persons holding degrees from educational institutions in countries foreign to the territory of the United States the Board may accept in lieu of the foregoing requirement of this subparagraph, satisfactory proof of completion of training and education equivalent to such requirement; (B) or has been licensed as an Assistant Pharmacist for a period of ten years. (5) has completed the internship requirements as prescribed by the Board pursuant to this subchapter; (6) has satisfactorily passed such examinations given by the Board. (b) The residence requirements specified in this section shall not apply to residents of the Virgin Islands who have been temporarily absent while studying pharmacy or engaged in the practice thereof. History: Added Apr. 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179; amended Dec. 1, 2001, No. 6479, § 7, Sess. L. 2001, p. 325.

(a) The Board of Pharmacy shall hold regular examinations in June and November of each year, on such subjects relating to the practice of pharmacy as it may deem necessary for the protection of public health including examinations on theoretical and practical subjects as follows: Theoretical: Pharmacy and Pharmaceutical Jurisprudence Materia Medica Chemistry Pharmaceutical Calculations Practical: Techniques in the filling of prescriptions Oral interview The applicant must pass the examination with a general average rating of not less than 75 percent for all subjects, and a grade of not less than 60 percent in any one subject, except that in the case of the practical examination the minimum passing grade shall be 75 percent. In case of failure at the first examination, the applicant shall have the privilege of a second and third examination. No additional fee shall be required for the second examination. In case of failure in a third examination, the applicant shall have the privilege of further examination only after satisfactorily completing additional preparation as directed and approved by the Board. On the second or further examination, the Board may give the applicant credit for those subjects on which he has received a passing grade. The applicant must repeat those subjects on which his grade was less than the minimum required for passing. History: Added April 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179.

(a) To assure proficiency in the practical aspects of pharmacy, the Board shall, by regulation, prescribe internship requirements which must be satisfactorily completed prior to issuance of a pharmacist license. The Board shall specify the period of time when and in what manner the internship shall be served. (b) Any person who desires to be registered as an intern shall apply to the Board for such purpose on forms to be prepared by the Board. Upon payment of a fee of $1 the applicant shall be issued a certificate of registration as an intern. (c) No credit for internship shall be granted by the Board for periods before registration as an intern. An intern having served part or all of his internship in a pharmacy outside the Virgin Islands shall be given credit for the same in accordance with regulations of the Board. History: Added Apr. 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179.

The Board shall report its recommendations with respect to all applications to practice, including the results of all examinations, where such are required, to the Commissioner of Health who upon due consideration that all requirements have been met shall issue licenses to each qualifying applicant. The qualifying applicant shall pay a fee of $5 for his license. History: Added April 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179.

The Board shall, under regulations or provisions of its bylaws, admit without examination legally qualified pharmacists who hold certificates to practice pharmacy in any state which has educational requirements equal to those of the Virgin Islands. History: Added Apr. 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179; Dec. 11, 2001, No. 6480, § 5(g), Sess. L. 2001, p. 340.

Suspension (a) All licenses issued under the provisions of this subchapter, except temporary licenses, shall expire on December 31 next following the date of issuance of the same. Licenses shall be renewed annually as a condition to further practice. Renewal shall be accomplished by payment to the Commissioner of Health of a fee of $80.00 between December 1 and December 31 next preceding the year of renewal. (b) The Commissioner of Health, upon recommendation of the Board, and subject to appeal to the Governor, may revoke or suspend the license to practice issued to any person under this subchapter who, after due notice and hearing by the Board, is found to be guilty of any unprofessional or dishonorable conduct, including habitual drunkenness or excessive use of narcotics, gross carelessness, manifest incapacity or the violation of any provisions of this subchapter or of any rules or regulations issued pursuant thereto. History: Added April 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179; amended Nov. 7, 1983, No. 4877, § 310(c)(3), Sess. L. 1983, p. 239.

Examination; Applicant For Reciprocal License; Fees (a) Upon recommendation of the Board, the Commissioner of Health may issue a temporary license to a person in the employment of the Government of the Virgin Islands for the performance of his official duties, or to an applicant for examination for work under the supervision of a pharmacist, such temporary license in any case to be for a period not more than up to and including the date of announcement of the results of the next regular examination for which he is eligible; Provided, That if the person fails the examination such temporary license may be extended, at the discretion of the Commissioner of Health, upon the recommendation of the Board, to the date of announcement of result of the next examination. (b) Upon recommendation of the Board, the Commissioner of Health may issue a temporary license for work under the supervision of a pharmacist to an applicant for license on the basis of reciprocity who meets all the qualifications except residence, for such period of time as is necessary to meet the residence requirement. (c) A fee of $5 shall be required for a temporary license except in the case of persons receiving the same by virtue of employment by the Government of the Virgin Islands. History: Added Apr. 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179.

The provisions of this subchapter, insofar as they relate to examination and registration of practitioners, shall not apply to duly commissioned or appointed practitioners in the service of the United States Government with respect to the performance of any official duties. History: Added Apr. 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179.

(a) The Commissioner of Finance, upon the recommendations of the Board, shall license any person to conduct a pharmacy who has filed an application therefor, subscribed by the applicant under oath or affirmation, and containing such information as the Board may require, and whose proposed pharmacy complies with all requirements of this subchapter, including the following: (1) Possesses a copy of the latest revision of the Pharmacopoeia of the United States, the latest edition of the National Formulary, and if homeopathic remedies are compounded or dispensed, a copy of the latest revision of the Homeopathic Pharmacopoeia, the current supplements to them, and such other pharmaceutical equipment, reference books, professional and technical equipment as the Board may by regulation establish; (2) Has sufficient physical facilities, including equipment, size, space and sanitation for adequately distributing and dispensing drugs and devices consonant with the protection of the public health, safety and welfare as the Board may by regulation establish; (3) Contains a suitable book or file in which shall be preserved, for a period of not less than five years, every prescription compounded or dispensed therein; (4) Has insured that a pharmacist shall be in charge of said pharmacy at all times that the pharmacy is open, except as provided in section 153 of this title; (5) If an individual or partnership is the applicant, that the individual or co-partner if not a pharmacist, has not previously been found or pleaded guilty or nolo contendere to any crime concerning the practice of pharmacy or involving moral turpitude; or if a pharmacist, that he is presently licensed by the Board; if an association that no director or officer, or if a corporation that no director, officer or person having a beneficial interest in more than ten per centum of the stock has been found or pleaded guilty or nolo contendere to said crimes or had a pharmacy or pharmacist's license revoked or renewal refused. (b) All applicants shall be of good moral and professional character; in determining this qualification, the Board may take into consideration among other things the conduct and operation of other pharmacies conducted by said applicant. (c) All licenses issued under the provisions of this subchapter shall be displayed in a conspicuous place in the pharmacy for which it was issued. (d) Separate applications and licenses shall be required for each establishment, and each license shall be issued bearing the name of the pharmacist who will be in charge of the pharmacy and who will be responsible for all operations involving the practice of pharmacy. (e) The Board may promulgate regulations in accordance with the above requirements and, in addition, shall have the power to promulgate rules and regulations governing standards of practice and operation of pharmacies including, but not limited to, rules and regulations governing the method of advertising, promotion and standards for filling and refilling prescriptions, such regulations to be designed to insure methods of operation and conduct which protect the public health, safety and welfare and prevent practices or operations which may tend to lower professional standards of conduct. History: Added Apr. 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179; amended July 29, 1971, No. 3075, Sess. L. 1971, p. 302.

A license for the operation of a pharmacy shall be valid until the 31st day of December following issuance and, except as otherwise provided for herein, shall carry the same rights and responsibilities as licenses issued under chapter 9 of this title. The fee for a pharmacy license, payable annually, shall be $100.00. History: Added April 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179; amended Nov. 7, 1983, No. 4877, § 310(c)(4), Sess. L. 1983, p. 239.

Every pharmacy shall at all times when open be under the constant, direct and personal supervision and management of a pharmacist who shall have personal supervision of not more than one pharmacy at the same time; Provided, however, a person licensed as an "assistant pharmacist" under the laws of the Virgin Islands may lawfully be left in charge of a pharmacy only during the temporary absence of the pharmacist. For the purposes of this section, "temporary absence" means only an unavoidable absence which may occur during a day's work not to exceed two hours in any 24 hours and when the pharmacist in charge is within immediate call, ready and able to assume the direct supervision of the pharmacy. History: Added Apr. 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179.

(a) As used in this section: (i) "CDC" means the United States Centers for Disease Control and Prevention. (ii) "Eligible patient" means an eligible patient in accordance with CDC guidelines for each recommended immunization. (iii) "Immunization" means any immunization approved by the United States Food and Drug Administration and listed on the routine immunization schedules recommended by the CDC Advisory Committee on Immunization Practices (ACIP), in compliance with individual ACIP vaccine recommendations. (b) A pharmacist may recommend and administer immunizations to eligible patients in accordance with subsections (c) through (k) of this section. (c) A pharmacist may recommend and administer immunizations without a patient-specific prescription under prescriptive authority to an eligible patient, if the pharmacist meets the qualifications and standards specified by the Board of Pharmacy which must include: (i) Unrestricted license to practice pharmacy in the Territory; (ii) Successful completion of a training program as provided in subsection (e); and (iii) A current certificate in basic cardiopulmonary resuscitation (CPR). (d) A pharmacist who has authority to administer immunizations to an eligible patient may not delegate such authority to any other pharmacist or employee, unless the person is a registered pharmacy intern. (e) A training program for pharmacists to administer immunizations to an eligible patient must: (1) be accredited by the Accreditation Council for Pharmacy Education or a similar health authority or professional body approved by the Board of Pharmacy; (2) include study materials, hands-on training and techniques for administering immunizations; and (3) provide instruction and experiential training in the following content areas: (A) Basic immunology, immunization-preventable diseases and the human immune response; (B) Mechanics of immunity, contraindications, drug interactions, dose and administration schedule of available immunizations; (C) Response to an emergency situation as a result of the administration of an immunization; (D) Physiology and techniques for immunization administration; (E) Standards for immunization practice; (F) Pre-immunization and post-immunization assessment and counseling; (G) Immunization storage management; (H) Biohazard waste disposal, sterile techniques and needle stick management; (I) Understanding immunization coverage by federal and territorial entities; and (J) Immunization records management and reporting requirements. (f) A pharmacist shall comply with applicable federal and territorial privacy statutes, rules, and regulations when releasing patient health information. (g) Before administering an immunization to an eligible patient, the pharmacist shall: (1) Give the appropriate Vaccine Information Statement to the patient or legal representative with each dose of immunization covered by these forms; and (2) Ensure that the patient or legal representative has received and signed the informed consent form and has had their questions answered. (h) The pharmacy shall report: (1) Administration of the immunization to any territorial immunization registry established by the Department of Health, as may be required; and (2) Adverse events as required by the Vaccine Adverse Events Reporting System and to the primary care provider as identified by the patient. (i) The pharmacy shall maintain the following information for 5 years for each immunization administered: (1) The name, address, and date of birth of the patient; (2) Patient responses to screening questions for indications/contra indications to the immunization being administered; (3) The date of the administration and site of immunization injection; (4) The name, dose, manufacturer, lot number and expiration date of the immunization; (5) The name or identifiable initials of the administering pharmacist., or if the administration is by a pharmacy intern, the initials of both the intern and supervising pharmacist; (6) The signed informed consent document for each administration; and (7) Identification of the Vaccine Information Statement provided, including its publication date. (j) A pharmacist administering immunizations pursuant to this section, may also initiate and administer epinephrine or diphenhydramine by injection for the treatment of a severe allergic reaction. (k) A pharmacy may allow a pharmacist to remove immunizations from the pharmacy to be administered at an off-site location. History: Added May 15, 2014, No. 7593, § 1(b), Sess. L. 2014, p. 55-58.

A pharmacy providing appropriate tests, as defined in section 141, shall: (1) comply with United States Centers for Disease Control and Prevention recommendations regarding good laboratory practice for CLIA - waived facilities and applicable Occupational Safety and Health Administration regulations; and (2) provide a copy of its current CLIA certificate issued by the CMS to the Department of Health and Board of Pharmacy. History: Added May 15, 2014, No. 7593, § 1(b), Sess. L. 2014, p. 58.

In addition to any other powers and duties that may be provided for by law, the Board shall administer the provisions of this subchapter, except as otherwise specifically provided, and without limitation on the generality of the foregoing, shall have the power and duty to- (1) adopt an official seal; (2) employ counsel, subpoena witnesses, and administer oaths; (3) submit to the Governor, through the Commissioner of Health, annual reports containing a summary of its works, and any other data which the Governor or Commissioner of Health may request; (4) keep records of its proceedings; (5) recommended the issuance, suspension, revocation or reinstatement of licenses under this subchapter; (6) inspect drugs, packaged, compounded, sold, or kept for sale in the Virgin Islands and for this purpose it may, during reasonable hours, through any duly authorized member or other representative, enter and inspect any pharmacy or premises in the Virgin Islands, where drugs are packaged, compounded, sold or kept for sale; (7) investigate any violation or suspected violation of this subchapter or of any rules and regulations duly prescribed by the Board; (8) adopt, amend and repeal rules and regulations and bylaws not inconsistent with the provisions of this subchapter, and in accordance with generally accepted pharmacy standards, relating to the organization and operation of the Board, and the licensing and registration of practitioners and pharmacies under this subchapter, upon finding that such are necessary for the furtherance of the provisions of this subchapter, which rules, regulations, or bylaws, when approved by the Governor shall be deemed to be a part of and of the same effect as this subchapter; (9) meet, within and without the Virgin Islands with other boards of pharmacy, or their representatives for the purpose of reciprocal exchange and being advised regarding the progress of pharmacy throughout the country. History: Added April 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179.

Whoever- (1) engages in the practice of pharmacy as covered by this subchapter or operates, maintains, opens, changes location or establishes any pharmacy without having first obtained the license prescribed herein, or (2) being the proprietor or manager of a pharmacy, fails or neglects to place a pharmacist in charge thereof, or (3) otherwise wilfully violates any of the provisions of this subchapter or of any rules or regulations issued hereunder shall be fined not more than $500 or imprisoned not more than six months, or both. History: Added Apr. 15, 1966, No. 1714, § 2, Sess. L. 1966, p. 179.

Authorization (a) As used in this subchapter, a person practices optometry who, by any means or methods, other than by the use of drugs, conducts any one or more of the following practices and procedures: (1) the examination of the human eye and the eyelid for the purpose of diagnosis, treatment, excluding the lacrimal gland, or referral for consultation as authorized by this section or, where appropriate, referral to an ophthalmologist; (2) the use of tests, instruments, devices, ocular agents-D, ocular agents-T and noninvasive procedures for the purpose of investigation, examination, diagnosis, treatment excluding the lacrimal gland; or correction, as authorized by this section, of visual defects, abnormal conditions or diseases of the human eye and eyelid; (3) the prescription and application of ophthalmic lenses, prisms, filters, devices containing lenses or prisms or filters or any combination thereof orthoptics, vision training, ocular agents-D for the purpose of diagnosing visual defects, abnormal conditions or diseases of the human eye and eyelid, ocular agents-T and noninvasive procedures for the purpose of correction, alleviation or treatment, as authorized by this section, of visual defects, abnormal conditions or diseases of the human eye and eyelid excluding the lacrimal gland but including the treatment of iritis; and (4) the examination of the human eye for purposes of prescribing, fitting or insertion of contact lenses to the human eye. The practice of optometry shall not include the use of surgery, x-ray, photocoagulation, or ionizing radiation. (b) For the purposes of this chapter- (1) Optometrist means an individual licensed pursuant to this chapter to engage in the practice of optometry; (2) Ocular agents-D means: (A) topically administered agents used for the purpose of diagnosing visual defects, abnormal conditions or the diseases of the human eye and eyelid known generally as cycloplegics not to exceed one percent, mydriatics other than phenylephrine hydrochloride ten per cent, and topical anesthetics, which are administered topically for the examination of the human eye and the analysis of ocular functions; (B) those vision training or optical devices which have been designated drugs for preclearance testing by the federal Food and Drug Administration or similar agency; and (C) fluorescein and similar dyes used in fitting contact lenses. The drugs described in subparagraph (A) of this subdivision may be acquired and used only for, diagnostic purposes. (3) Ocular agent-T means: (A) topically administered ophthalmic agents used for the purpose of treating or alleviating the effects of diseases or abnormal conditions of the human eye or eyelid excluding the lacrimal gland, but including the treatment of iritis, excluding allergens, antiparasitics, antifungal agents, antimetabolites, antineoplastics, and succus cineraria maritima; (B) orally administered antibiotics, antihistamines and antiviral agents used for the purpose of treating or alleviating the effects of diseases or abnormal conditions of the human eye or eyelid excluding the lacrimal gland, but including the treatment of iritis; and (C) orally administered analgesic agents used for the purpose of alleviating pain caused by diseases or abnormal conditions of the human eye or eyelid excluding the lacrimal gland, but including the treatment of iritis. "Ocular agent-T" does not include any controlled substance or drug administered by injection. (4) Noninvasive procedures means procedures used to diagnose or treat a disease or abnormal condition of the human eye or eyelid excluding the lacrimal gland and which exclude the removal of superficial foreign bodies of the corneal epithelium which have perforated bowman's membrane but including the treatment of iritis, provided the treatment procedures do not require an incision or use of a laser. (c) Use of ocular agents; authorization Optometrist-Therapeutic Certified (1) Optometrists who, are licensed in the Virgin Islands shall be permitted to acquire and use ocular agents-D topically and shall be permitted to acquire, administer, dispense and prescribe ocular agent- T in the practice of optometry only after they have completed and provided proof and official verification that they have: (A) Successfully passed National Board of Examiners in Optometry (NBEO) Treatment and Management of Ocular Disease (TMOD) examination, or the NBEO part II examination part IIcludes the TMOD; (B) Successfully completed a course in cardiopulmonary resuscitation (CPR) offered by an accredited hospital, the American Heart Association or a comparable institution or organization. These Optometrists will be designated as Optometrist-Therapeutic Certified. (2) Optometrists who are licensed in the Virgin Islands, who have not met the above mentioned requirements in (1) above, shall be permitted to acquire and use ocular agent-D topically and, shall be permitted to acquire, administer, dispense and prescribe ocular agents-T in the practice of optometry only after they have: (A) successfully completed a minimum of one hundred classroom hours and thirty clinical hours in the didactic clinical use of ocular agents-T for the purposes of treating deficiencies, deformities, diseases or abnormalities the human eye, including the removal of foreign bodies from the eye and adnexae, conducted by a duly accredited school or college of optometry or medical school, and have passed an examination as administered by the accredited school or college of optometry or medical school which conducted the course of study and passed the NBEO TMOD examination or the NBEO Part II exPart IIon after January 1, 1993; (B) passed the NBEO TMOD examination or the NBEO Part II exPart IIon that includes TMOD; (C) successfully completed a course in cardiopulmonary resuscitation (CPR) offered by an accredited hospital, the American Heart Association or a comparable institution or organization. (3) Optometrists licensed on and after June 30, 2012, and who have graduated from an accredited school or college of optometry, shall not be required to take either a course in the didactic and clinical use of ocular agents-T in order to acquire, administer, dispense and prescribe such ocular agents-T, but must have: (A) passed the NBEO TMOD examination or the NBEO Part II examination; (B) parts I, II, III examination of National Board of examiners in Optometry (NBEO). Part II of examination must include TMOD; (C) successfully completed a course in cardiopulmonary resuscitation (CPR) offered by an accredited hospital, the American Heart Association or a comparable institution or organization. These Optometrists will be designated as Optometrist-Therapeutic Certified. (d) Eligibility for licensure with National Board Examinations The Virgin Islands Board of Examiners recognizes the National Board of Examiners in Optometry as a legitimate organization that provides licensure examinations in contemporary practice of optometry. Therefore, any applicant who presents satisfactory proof that has taken and passed Part I, II, and III examination of the National Board of Examiners in Optometry, Part II of examination must include TMOD, shall be eligible to apply for licensure to practice optometry in the Virgin Islands. After a determination of good character and fitness, the Virgin Islands Board of Optometric Examiners shall recommend licensure to the Commissioner of Health in accordance with the provision of Title 27, Virgin Islands Rules and Regulations Section 2 - 76. History: Added July 18, 2012, No. 7376, § 1(1.), Sess. L. 2012, pp. 161-165; amended Oct. 12, 2018, No. 8130, § 1(a)(1)-(3), (b)(1), (2), Sess. L. 2018, p. 248.

It shall be unlawful for any person to practice or to offer to practice optometry in the Virgin Islands, or to use any title, abbreviation, sign, card or device to indicate that such person is practicing optometry, except as provided in this subchapter. History: Added May 29, 1968, No. 2212, § 2, Sess. L. 1968, Pt. II, p. 9.

(a) Any person desiring to practice optometry in the Virgin Islands shall first obtain a license to do so in accordance with the provisions of this subchapter. (b) A license issued pursuant to this subchapter for the practice of optometry shall be issued for a period of two years. History: Added May 29, 1968, No. 2212, § 2, Sess. L. 1968, Pt. II, p. 9; -Amended Sept. 20, 2011, No. 7270, § 11, Sess. L. 2011, p. 135.

The Board of Optometrical Examiners, established under the provisions of section 415, Title 3 of this code, shall have the power and duty to- (1) recommend the issuance, suspension, revocation or reinstatement of licenses under this subchapter; and (2) adopt, amend, and repeal rules and regulations and bylaws not inconsistent with the provisions of this subchapter, and in accordance with generally accepted standards of optometry, relating to the organization and operation of the Board, and the licensing and registration of optometrists under this subchapter, upon finding that such are necessary for the furtherance of the provisions of this subchapter, which rules, regulations or bylaws, when approved by the Governor, shall be deemed to be a part of and of the same effect as this subchapter. History: Added May 29, 1968, No. 2212, § 2, Sess. L. 1968, Pt. II, p. 9; amended May 19, 2021, No. 8455, § 1(d), Sess. L. 2021, p. 32.

(a) Applications for license shall be sent to the Board and shall be accompanied by the prescribed examination fee and by satisfactory proof that the applicant- (1) is twenty-one years of age or over (birth certificate or similar evidence thereof); (2) is of good moral character as shown by at least two letters from qualified physicians or optometrists in the State from where he comes; (3) is not addicted to intemperate use of alcoholic stimulants or narcotic drugs; and (4) is a graduate of a school or college of optometry approved by the Board of Optometrical Examiners. (b) This section shall not be construed to exclude any bona fide research worker whether an alien or a citizen who does not practice for a fee and such worker shall not be required to pay the usual license fee nor to submit to an examination. History: Added May 29, 1968, No. 2212, § 2, Sess. L. 1968, Pt. II, p. 9.

(a) The Board shall hold regular examinations twice a year in the Virgin Islands on the second Wednesday of June and November for admission to practice optometry. The examination shall cover all subjects as the Board prescribes; which, in accordance with accepted optometrical standards, are adequate and sufficient for proper evaluation of an applicant's qualifications to practice optometry under this subchapter. (b) Candidates for admission to practice shall be required to attain a general average of 75 percent on the subjects examined on. History: Added May 29, 1968, No. 2212, § 2, Sess. L. 1968, Pt. II, p. 9.

The Board may, under regulations or provisions of its bylaws, admit without examination legally qualified optometrists who hold certificates to practice optometry in any State which has educational requirements equal to those of the Virgin Islands and which extends like privileges to legally qualified optometrists from the Virgin Islands, upon the applicant paying the license certificate fee required under this subchapter. History: Added May 29, 1968, No. 2212, § 2, Sess. L. 1968, Pt. II, p. 9.

Fees for examination and license certificates shall be as follows: Examination License Certificate Optometrists____________________ $50.00 $5.00 Examination License Certificate Optometrists____________________ $50.00 $5.00 All fees shall be paid in accordance with regulations issued by the Board or incorporated in its bylaws. Any person, upon showing of proper justification, or who fails to pass the required examination, shall be admitted to one re-examination without payment of further fee, provided that the fee paid in advance for the proper examination shall not be returned to the applicant. History: Added May 29, 1968, No. 2212, § 2, Sess. L. 1968, Pt. II, p. 9.

Licenses The Board shall report its recommendations with respect to all applications to practice, including the results of all examinations, where such are required, to the Commissioner of Health who upon due consideration that all requirements have been met shall issue licenses to each qualifying applicant. On the recommendation of the Board, the Commissioner of Health may issue temporary licenses to persons in the employ of the Government not to exceed six months, and for which no fee shall be required. History: Added May 29, 1968, No. 2212, § 2, Sess. L. 1968, Pt. II, p. 9.

Nothing in this subchapter shall be construed as conferring, on the holder of any license hereunder for the practice of optometry, the title of doctor, oculist, ophthalmologist, or any word or abbreviation indicating that he is engaged in the practice of medicine or surgery, or the treatment or diagnosis of diseases of or injuries to the human eye, or the right to use drugs or medicines in any form for the treatment or examination of the human eye. The title "Doctor" or the abbreviation "Dr." shall not be used before the name of any registered optometrist without the word "optometrist" following the name. History: Added May 29, 1968, No. 2212, § 2, Sess. L. 1968, Pt. II, p. 9.

(a) Every person who obtains a license under the provisions of this subchapter, shall, within 30 days after issuance, register the license in the office of the Commissioner of Health. Thereafter such license shall be annually registered as a condition to further practice upon payment at the office of the Commissioner of Health of a fee of $100.00. (b) The Commissioner of Health, upon recommendation of the Board, and subject to appeal to the Governor, may revoke or suspend the license to practice issued to any person under this subchapter who, after due notice and hearing by the Board, is found to be guilty of any unprofessional or dishonorable conduct, including habitual drunkenness, excessive use of narcotics, or the soliciting of patronage by agents. History: Added May 29, 1968, No. 2212, § 2, Sess. L. 1968, Pt. II, p. 9; amended Nov. 7, 1983, No. 4877, § 310(c)(5), Sess. L. 1983, p. 239.

(a) The provisions of this subchapter, insofar as they relate to examinations and registrations of optometrists, shall not apply to duly commissioned or appointed optometrists in the service of the United States Government with respect to the performance of any official duties. (b) The provisions of this subchapter shall not apply to the physicians or surgeons practicing in the Virgin Islands in accordance with the laws of the Virgin Islands, or to any person selling spectacles or eye glasses but who does not assume, directly or indirectly, to adapt them to the eye, nor who neither practices or professes to practice optometry. History: Added May 29, 1968, No. 2212, § 2, Sess. L. 1968, Pt. II, p. 9.

(a) No person shall engage in the practice of optometry in this territory unless such person has first obtained a license from the Department Health, but the provisions of this chapter shall not prevent a licensed optometrist from delegating optometric services to either a trained optometric assistant or to an optometric technician. Such delegated services shall be performed only under the supervision, control, and responsibility of the licensed optometrist, except that optometric assistants or optometric technicians shall not be authorized to refract eyes, detect eye health or prescribe spectacles, eyeglasses or contact lenses. (b) Any person in violation of this section shall be fined not more than five hundred dollars or imprisoned not more than five years or both, for each offense. For purposes of this section each instance of patient contact or consultation which is in violation of any provision of this section shall constitute a separate offense. Failure to renew a license in a timely manner shall not constitute a violation for the purposes of this section. (c) For the purposes of this section: (1) "Optometric assistant" means a person who has either completed two hundred hours of on-the-job training, an affidavit in support of which shall be kept by the employing optometrist on the premises, or graduated from a vocational program in optometric technicianry; (2) "Optometric assistant trainee" means a person who has completed less than two hundred hours of on-the-job training and who is under the direct supervision, control and responsibility of an employing, licensed optometrist when performing optometric services which may be delegated to optometric assistants and to optometric technicians; (3) "Optometric technician" means a person who has either completed a two-year college program in optometric technicianry, or passed the national optometric technician registration examination given by The American Optometric Association; and (4) "Appropriately trained person" means a person who has completed on-the-job training in the use and application of ocular agents under the supervision, control and responsibility of an employing, licensed optometrist, an affidavit in support of which shall be kept by the employing optometrist on the premises. History: Added July 18, 2012, No. 7376, § 1(2.), Sess. L. 2012, pp. 165-166.

Renewal (a) Every optometrist actively engaged in the practice of optometry in the Virgin Islands, shall submit satisfactory proof that he has attended, during the twelve-month period immediately preceding the date of registration, at least twelve (12) clock hours of continuing education (each year) as a prerequisite for the renewal of his license. The board shall designate the courses of study which will be recognized and the method certifying satisfactory completion of said course to the board. (b) Those optometrists who, because of illness or other extraordinary situations are unable to comply with regulation, may make application to the state board, and the board, in its discretion, may relieve the applicant from complying for such time and under such circumstances as the board deems proper. (c) The board will, from time to time, (at least once every two years) issue and or revise the designated courses of study which it recognizes as acceptable. Any request for board approval of a specific educational program for recognition by the board, must be submitted in a timely manner with due regard for the necessity of investigation and consideration by the board. (d) Evidence of completion of acceptable course is the responsibility of the optometrist. A signed certificate by the person or institution responsible for the course will be required as evidence of course completion. (e) Failure to comply with the above regulation by January 1st of each year, will be considered by the board a reason for nonrenewal of license. History: Added July 18, 2012, No. 7376, § 1(3.), Sess. L. 2012, pp. 166-167.

(a) "Physical therapy" means treatment of a human being by the use of exercise, massage, heat or cold, air, light, water, electricity, or sound, for the purpose of correcting or alleviating any physical or mental condition or preventing the development of any physical or mental disability, or the performance of tests as an aid to the diagnosis or treatment of any human condition, provided, however, that physical therapy shall not include radiology or electro-surgery. (b) "Physical therapist" means a person who is licensed pursuant to this subchapter to practice physical therapy. (c) "Board" means the Virgin Islands Board of Physical Therapy established as provided for in section 415(b)(6) of Title 3. (d) "Practice of physical therapy" means: (1) Examining, evaluating and testing individuals with mechanical, physiological and developmental impairments, functional limitations, and disabilities or other health and movement-related conditions in order to determine a physical therapy evaluation and plan of treatment intervention, and to assess the ongoing effects of intervention. (2) Alleviating impairments, functional limitations and disabilities by designing, implementing and modifying treatment interventions that may include, but are not limited to, therapeutic exercise, functional training in self-care and in home, community or work integration or reintegration, manual therapy including soft tissue and the first four stages of joint mobilization only, therapeutic massage, prescription, application and, as appropriate, fabrication of assistive, adaptive, orthotic, prosthetic, protective and supportive devices and equipment, airway clearance techniques, integumentary protection and repair techniques, debridement and wound care, physical agents or modalities, mechanical and electrotherapeutic modalities, and patient-related instruction. (3) Reducing the risk of injury, impairment, functional limitation and disability, including the promotion and maintenance of fitness, health and wellness in populations of all ages. (4) Engaging in administration, consultation, education and research. (5) The term "practice of physical therapy" as defined in this subsection does not preclude other health care providers' providing service similar to that which is defined for persons licensed pursuant to this subchapter from performing various forms of modalities allowed in their specific practice act or Board regulations. (e) "Physical therapist assistant" means a person who is licensed pursuant to this subchapter and who assists the physical therapist in selected components of the physical therapy treatment intervention. (f) "Physical therapy aide" means a person trained under the direction of a physical therapist who performs designated and supervised routine tasks related to physical therapy services. (g) "Restricted license" for a physical therapist means a license on which the Board places restrictions or conditions, or both restrictions and conditions, as to scope of practice, place of practice, supervision of practice, duration of licensed status, or type or condition of patient or client to whom the licensee may provide services. "Restricted license" for a physical therapist assistant means a license on which the Board has placed any restrictions. (h) "Supervision" means the supervising physical therapist needs to be available at all times to the physical therapy assistant. (i) "Testing" means standard methods and techniques used to gather data about the patient. (j) "Consultation by means of telecommunication" means that a physical therapist seeks professional or expert opinion or advice from, or renders professional or expert opinion or advice to another licensed physical therapist or health care provider via telecommunications or computer technology from a distant location. It includes the review or transfer of patient records or related information by means of audio, video or data communications. (k) "Jurisdiction of the United States" means any state, the District of Columbia, or any American territory. (l) "Examination" means the national examination approved by the Board for the licensure of a physical therapist or the licensure of a physical therapist assistant. History: Added Feb. 10, 1969, No. 2388, § 5, Sess. L. 1969, p. 13; amended July 11, 2014, No. 7620, § 2(1.) (A), (B), Sess. L. 2014, p. 126.

(a) All physical therapists and physical therapist assistants who practice physical therapy in the Virgin Islands are required to have a license in compliance with the terms of this subchapter. (b) A physical therapist licensed under this subchapter may perform physical therapy services without a prescription or physician referral under the following conditions: (1) The physical therapist shall refer a client to appropriate health care practitioners if the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice, or if the patient is not progressing toward documented treatment goals as demonstrated by objective, measurable, or functional improvement. (2) The physical therapist may not continue treating the patient beyond 45 calendar days or 12 visits, whichever occurs first, without receiving, a dated signature on the physical therapist's plan of care from the patient's physician, surgeon, or podiatrist indicating approval of the physical therapist's plan of care. Approval of the physical therapist's plan of care must include an in-person patient examination and evaluation of the patient's condition and, if indicated, testing by the physician, podiatrist, chiropractor, nurse practitioner, physician assistant and dentists. (3) The physical therapist shall provide notice to the patient, orally and in writing, in at least 14-point type and signed by the patient indicating they are receiving direct physical therapy treatment services and may continue to receive direct physical therapy treatment services for a period of up to 45 calendar days or 12 visits, whichever occurs first, after which time a physical therapist may continue providing the patient with physical therapy treatment services only after receiving, a date signature on the physical therapist's plan of care indicating approval of the physical therapist's plan of care and that an in-person patient examination and evaluation was conducted by the physician and surgeon or podiatrist. (c) A physical therapist's failure to refer, as required by subsection (b) paragraph (1)(A), a patient to another qualified professional when the patient's condition is beyond the physical therapist's training subjects the physical therapist to disciplinary action under section 165k. History: Added Feb. 10, 1969, No. 2388, § 5, Sess. L. 1969, p. 13; -Amended Sept. 20, 2011, No. 7270, § 12, Sess. L. 2011, p. 135; amended July 11, 2014, No. 7620, § 2(2.), Sess. L. 2014, p. 126-127.

The Board shall: (1) Evaluate the qualifications of physical therapist and physical therapist assistant applicants for licensure; (2) Provide for the examination of physical therapists and physical therapist assistants; (3) Issue licenses to persons who meet the qualifications of this subchapter; (4) Regulate the practice of physical therapy by interpreting and enforcing this subchapter; (5) Issue advisory opinions upon request regarding this subchapter; (6) Adopt and revise rules consistent with this subchapter. Such rules, when lawfully adopted, have the effect of law; (7) Establish mechanisms for assessing the continuing professional competence of physical therapists to practice physical therapy; (8) Establish mechanisms for assessing the continuing professional competence of physical therapist assistants to practice physical therapy; (9) Establish and collect fees for sustaining the necessary operation and expenses of the Board; (10) Maintain a current list of all persons regulated under this subchapter. This information includes the person's name, current business and residential address, email address, telephone numbers, and license number; (11) Provide information to the public regarding the complaint process; (12) Report final disciplinary action taken against a licensee to a national disciplinary database recognized by the Board or as required by law; (13) Report information of alleged unlawful conduct by licensees, unlicensed individuals, other health care providers and entities to the appropriate county, state or federal authority; and (14) Publish, at least annually, Board rulings, opinions, and interpretations of statutes or rules in order to guide persons regulated pursuant to this subchapter. History: Added Feb. 10, 1969, No. 2388, § 5, Sess. L. 1969, p. 13; amended July 11, 2014, No. 7620, § 2(3.), Sess. L. 2014, p. 127.

(a) An applicant for a license as a physical therapist shall: (1) Complete the application process including payment of a fee of $200; (2) Submit proof of graduation from a professional physical therapy education program accredited by a national accreditation agency approved by the Board; (3) Pass the national examination approved by the Board; (4) Present evidence satisfactory to the Board that he is of good moral character; and (5) Meet the requirements established by Board rule, if applicable. (b) An applicant who has been educated outside of the United States and seeks a license as a physical therapist shall: (1) Complete the application process including payment of a fee of $200; (2) Provide satisfactory evidence to the Board that the applicant's education is substantially equivalent to the education of physical therapists educated in an accredited entry-level program in the United States. (3) Graduation from a professional education program outside the United States that was accredited by the same accrediting agency that the Board approves for programs within the United States constitutes evidence of substantial equivalency. In all other instances, "substantially equivalent" means that an applicant for licensure who was educated outside of the United States shall have: (A) Graduated from a physical therapist education program that prepared the applicant to engage, without restriction, in the practice of physical therapy; (B) Provided written proof that the applicant's school of physical therapy is recognized by its own ministry of education; (C) Undergone a credentials evaluation as directed by the Board, utilizing the appropriate Coursework Tool based on the year of graduation, developed by the Federation of State Boards of Physical Therapy, that determines that the candidate has met uniform criteria for educational requirements as further established by rule; and (D) Completed any additional education as required by the Board. (4) Pass the Board-approved English proficiency examination if the applicant's native language is not English; (5) Pass the examination approved by the Board; (6) Present evidence satisfactory to the Board that he is of good moral character; (7) Meet the requirements established by Board rule if applicable; and (8) Complete supervised clinical practice as defined by rules with a restricted license. (c) An applicant for licensure as a physical therapist assistant shall: (1) Complete the application process including payment of a fee of $100; (2) Submit proof of graduation from a physical therapist assistant education program accredited by a national accreditation agency approved by the Board; (3) Pass the examination approved by the Board; (4) Present evidence satisfactory to the Board that he is of good moral character; and (5) Meet the requirements established by Board rule if applicable. (d) An applicant for a certification/licensure as a physical therapist assistant who has been educated outside of the United States shall: (1) Complete the application process, including payment of fees; (2) Provide satisfactory evidence that the applicant's education is substantially equivalent to the physical therapist assistants educated in an accredited entry-level program as determined by the Board; (3) Graduation outside of the United States from an education program accredited by the same accrediting agency that the Board approves for programs within the United States constitutes evidence of substantial equivalency. In all other instances, "substantially equivalent" means that an applicant for licensure educated outside of the United States shall have: (a) Graduated from a physical therapist assistant education program that prepares the applicant to work as a Physical Therapist Assistant; (b) Provided written proof that the applicant's physical therapist assistant school is recognized by its own ministry of education; (c) Undergone credentials evaluation as directed by the Board, utilizing the appropriate PTA Tool based on year of graduation, developed by the Federation of State Boards of Physical Therapy, that determines that the candidate has met uniform criteria for education requirements as further established by rule; and (d) Completed any additional education as required by the Board. (4) Pass the Board-approved English proficiency examinations if the applicant's native language is not English; (5) Pass the examination approved by the Board; (6) Complete supervised clinical practice as defined by rules with a restricted license; (7) Meet the requirements established by Board rule if applicable. History: Added Feb. 10, 1969, No. 2388, § 5, Sess. L. 1969, p. 13; amended July 11, 2014, No. 7620, § 2(4), Sess. L. 2014, p. 127.

(a) The Board shall provide for examinations to applicants who comply with section 165c of this subchapter. (b) The physical therapist examination must be a national examination that tests entry-level competence related to physical therapy theory, examination and evaluation, diagnosis, prognosis, treatment intervention, prevention and consultation. (c) The physical therapist assistant examination must test for requisite knowledge and skills in the technical application of physical therapy services. (d) If the Board determines that an applicant has engaged, or has attempted to engage, in conduct that subverts or undermines the integrity of the examination process, the Board may disqualify the applicant from taking or retaking the examination for a specified period of time. History: Added Feb. 10, 1969, No. 2388, § 5, Sess. L. 1969, p. 13; amended July 11, 2014, No. 7620, § 2(5.), Sess. L. 2014, p. 127.

The Board shall issue a license to each applicant who passes the examination in accordance with standards fixed by it and who is not disqualified to receive a license under the provisions of section 165i of this subchapter. History: Added Feb. 10, 1969, No. 2388, § 5, Sess. L. 1969, p. 13.

On payment to the Board of a fee of $15, and on submission of a written application on forms provided by the Board, the Board shall issue a license without examination to: (1) a person filing said application within 6 months from the effective date of this Act who presents evidence satisfactory to the Board that he meets the qualifications set forth in this subchapter and that he was practicing physical therapy in the Virgin Islands on the effective date of this subchapter; (2) a person who is licensed or otherwise registered as a physical therapist by another state of the United States of America, or the District of Columbia, if the requirements for license or registration in such state or District were at the date of his license or registration by such state substantially equal to the requirements set forth in this subchapter. History: Added Feb. 10, 1969, No. 2388, § 5, Sess. L. 1969, p. 13.

On payment to the Board of a fee of $10, and the submission of a written application on forms provided by it, the Board shall issue without examination, a temporary license to practice physical therapy in the Virgin Islands for a period not to exceed one year to any person who meets the qualifications set forth in section 165c of this subchapter upon submission to the Board that he is in the Virgin Islands on a temporary basis to assist in a case of medical emergency or to engage in a special physical therapy project. Upon the submission of a written application on forms provided by it, the Board shall also issue a temporary license to a person who has applied for a license under the provisions of section 165c of this subchapter, and who is, in the judgment of the Board, eligible to take the examination provided for in section 165d of this subchapter. Such temporary license shall be available to an applicant only with respect to his first application for a license and such license shall expire when the Board makes a final determination with respect to said application. History: Added Feb. 10, 1969, No. 2388, § 5, Sess. L. 1969, p. 13.

(a) All licenses issued by the Board shall expire on the 31st day of December of the second year next succeeding the issuance thereof. A license may be renewed on the payment to the Board of a fee of $200.00 for physical therapists, and $100 for physical therapists assistants on or before January 1st of each year and if said fee is not paid by that date, the license shall automatically expire. A license which has thus expired, may within five years of its expiration date, be renewed on the payment to the Board of a fee of $250.00, in addition to the annual license fee for each year or part thereof during which the license was ineffective and the payment of a restoration fee of $10. After said five-year period such license may be renewed only by complying with the provisions herein relating to the issuance of an original license. (b) The Board may reinstate a lapsed license upon completion of a reinstatement application including payment of a fee set by the Board. (c) If a physical therapist's license or a physical therapist assistant's license has lapsed for two or more renewal periods, that person shall demonstrate to the Board's satisfaction competence to practice physical therapy by one or more of the following as determined by the Board: (1) Practice for a specified time under a restricted license; (2) Complete prescribed remedial courses; (3) Pass all examinations approved by the Board; and (4) Provide proof of licensed practice in another jurisdiction. (d) The Board may reinstate a revoked license evidence of satisfactory completion of all requirements for reinstatement that were stipulated in a consent order at the time of revocation. The Board may further require evidence of a physical therapist's competence to practice physical therapy through one or more of the activities specified in section 165h(c) of this subchapter. History: Added Feb. 10, 1969, No. 2388, § 5, Sess. L. 1969, p. 13; amended Nov. 7, 1983, No. 4877, § 310(c)(6), Sess. L. 1983, p. 239; Aug. 20, 2010, No. 7183, § 17, Sess. L. 2010, p. 118; amended July 11, 2014, No. 7620, § 2(6.)(A)-(D), Sess. L. 2014, p. 133-134.

(a) A physical therapist shall adhere to the recognized standards of ethics of the physical therapy profession as established by the Physical Therapist Code of Ethic; (b) Use of Titles and Terms; Restrictions; Classification of Violation (1) A physical therapist shall use the letters "PT" immediately following the physical therapist's name to designate licensure under this subchapter. (2) A physical therapist who has graduated from a DPT program may use the title "Doctor of Physical Therapy." A physical therapist holding a DPT or other doctoral degree must not use the title "Doctor" without also clearly informing the public of his profession as a physical therapist. Use of the title must be in accordance with paragraph (3) of this subsection. (3) A person or business entity, its employees, agents or representatives shall not use in connection with that person's name or the name or activity of the business, the words "physical therapy", "physical therapist", "physiotherapist", "registered physical therapist", "doctor of physical therapy", the letters "PT" "DPT", "LPT", "RPT" or any other words, abbreviations or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied, unless such services are provided by or under the direction of a physical therapist licensed pursuant to this subchapter. A person or business entity shall not advertise or otherwise promote another person as being a "physical therapist" or "physiotherapist" unless the individual so advertised or promoted is licensed as a physical therapist under this subchapter. A person or business entity that offers, provides, or bills any other person for services shall not characterize those services as "physical therapy" or "physiotherapy" unless the individual performing those services is a person licensed as a physical therapist under this subchapter. (4) A physical therapist assistant shall use the letters "PTA" immediately following the physical therapist assistant's name to designate licensure under this subchapter. (5) A person shall not use the title "physical therapist assistant", the letters "PTA" or any other words, abbreviations or insignia in connection with that person's name to indicate or imply, directly or indirectly, that the person is a physical therapist assistant unless that person is licensed as a physical therapist assistant pursuant to this subchapter. (c) Patient Care Management (1) A physical therapist is responsible for managing all aspects of the physical therapy care of each patient. A physical therapist shall provide: (A) The initial evaluation and documentation of each patient; (B) Reevaluation of those patients seen by a physical therapist assistant every 10 visits or 30 days, whichever comes first. For those patients seen through the Departments of Education or Health on a weekly or monthly basis by a physical therapist assistant, reevaluation by a physical therapist is to be completed every three months; and (C) The documented discharge of the patient, including the patient's response to treatment intervention at the time of discharge. (2) A physical therapist shall assure the qualifications of all physical therapist assistants and physical therapy aides under the physical therapist's direction and supervision. (3) For each patient on each date of service, a physical therapist shall provide all of the treatment intervention that requires the expertise of a physical therapist and shall determine the use of physical therapist assistants or physical therapy aides that provide for the delivery of care that is safe, effective and efficient. (4) A physical therapist assistant shall work under a physical therapist's supervision. A physical therapist assistant shall document the care he provides. (5) A physical therapist or physical therapist assistant may use unlicensed persons for designated routine tasks. (6) A physical therapist's responsibility for patient care management includes accurate documentation and billing of the services provided. History: Added Feb. 10, 1969, No. 2388, § 5, Sess. L. 1969, p. 13; amended May 28, 2005, No. 6732, § 34, Sess. L. 2005, p. 158; amended July 11, 2014, No. 7620, § 2(7.), Sess. L. 2014, p. 134-136.

All fees collected by the Board shall be deposited in the general fund of the Virgin Islands through the Commissioner of Health. History: Added Feb. 10, 1969, No. 2388, § 5, Sess. L. 1969, p. 13.

(a) Grounds for denial and revocation of a license. The following are grounds for denial of a license or disciplinary action: (1) Violating any provision of this subchapter, Board rules or a written order of the Board; (2) Obtaining or attempting to obtain a license by fraud or misrepresentation; (3) Attempting to engage in conduct that subverts or undermines the integrity of the examination or the examination process including, but not limited to, utilizing in any manner recalled or memorized examination questions from or with any person or entity, failing to comply with all test center security procedures, communicating or attempting to communicate with other examinees during the test, or copying or sharing examination questions or portions of questions; (4) Practicing or offering to practice beyond the scope of the practice of physical therapy. (5) Acting in a manner inconsistent with generally accepted standards of physical therapy practice, regardless of whether actual injury to the patient is established; (6) Failing to adhere to the recognized standards of ethics of the physical therapy profession as established by rule; (7) Failing to complete continuing competence requirements as established by rule; (8) Failing to maintain adequate patient records. For the purposes of this paragraph, "adequate patient records" means legible records that contain at minimum sufficient information to identify the patient, an evaluation of objective findings, a diagnosis, a plan of care, a treatment record and a discharge plan; (9) Failing to supervise physical therapist assistants or physical therapy aides in accordance with this subchapter and Board rules; (10) Failing to report to the Board, when there is direct knowledge, any unprofessional, incompetent or illegal acts that appear to be in violation of this subchapter or any rules established by the Board; (11) Engaging in sexual misconduct. For the purpose of this paragraph "sexual misconduct" includes: (A) Engaging in or soliciting sexual relationships, whether consensual or non-consensual, while a physical therapist or physical therapist assistant patient relationship exists; (B) Making sexual advances, requesting sexual favors or engaging in other verbal conduct or physical contact of a sexual nature with patients or clients; and (C) Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to patient diagnosis or treatment under current practice standards. (12) Having had a license revoked or suspended, other disciplinary action taken, or an application for licensure refused, revoked or suspended by the proper authorities of another state, territory or country; (13) Having been convicted of or pled guilty to a felony in the courts of this Territory or any other state, territory or country. Conviction, as used in this paragraph, shall include a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, an admission of guilt, an Alford plea, or a plea of nolo contendere; (14) Aiding and abetting the unlicensed practice of physical therapy; (15) Directly or indirectly requesting, receiving or participating in the dividing, transferring, assigning, rebating or refunding of an unearned fee, or profiting by means of a credit or other valuable consideration such as an unearned commission, discount or gratuity in connection with the furnishing of physical therapy services. This does not prohibit the members of any regularly and properly organized business entity recognized by law comprising physical therapists from dividing fees received for professional services among themselves as they determine necessary; (16) Promoting any unnecessary device, treatment intervention or service resulting in the financial gain of the practitioner or of a third party; (17) Providing treatment intervention unwarranted by the condition of the patient or continuing treatment beyond the point of reasonable benefit; (18) Participating in under-utilization or over-utilization of physical therapy services for personal or institutional financial gain; (19) Charging fraudulent fees for services performed or not performed; (20) Making misleading, deceptive, untrue or fraudulent representations in violation of this subchapter or in the practice of the profession; (21) Practicing as a physical therapist or working as a physical therapist assistant when physical or mental abilities are impaired by the use of controlled substances or other habit-forming drugs, chemicals or alcohol, or by other causes; (22) Practicing physical therapy with a mental or physical condition that impairs the ability of the licensee to practice with skill and safety; (23) Practicing after having been adjudged mentally incompetent by a court of competent jurisdiction; (24) Interfering with an investigation or disciplinary proceeding by failure to cooperate, by willful misrepresentation of facts, or by the use of threats or harassment against any patient or witness to prevent that patient or witness from providing evidence in a disciplinary proceeding or any legal action; and (25) Failing to maintain patient confidentiality without documented authorization of the patient or unless otherwise required by law. All records used or resulting from a consultation by means of telecommunications, as defined in section 165 of this subchapter, are part of a patient's records and are subject to applicable confidentiality requirements. (b) Investigative powers; emergency action; hearing officers. (1) The Board has the power to: (A) Receive complaints filed against licensees; and (B) Conduct an investigation at any time and on its own initiative without receipt of a written complaint if the Board has reason to believe that there may be a violation of this subchapter. (2) The Board shall establish regulations pertaining to hearings, investigations, disciplinary under this subchapter. (3) The Board shall conduct its proceedings in accordance with the provisions of this subchapter. Any person may represent himself before the Board or be represented by an attorney. Every vote and official act of the Board must be entered into the official record. (4) The Board has the power to administer oaths, hear testimony and receive evidence of matters within its jurisdiction, and require by subpoena the attendance and testimony of witnesses, and the production of all books, papers, and documents relating to any matter under investigation. The Board shall issue a subpoena upon application by any party to a proceeding before the Board and a showing of general relevance and reasonable scope. When a subpoenaed witness fails to appear, the Board may apply to the Superior Court for an order requiring the person subpoenaed to appear before the Board to testify and produce books, papers, or documents. (5) A majority of the Board members or certified mediator and no less than two board members, with one from each district shall preside at the hearings. (6) The Board may take emergency action ordering the summary suspension of a license or the restriction of a physical therapist's practice or a physical therapist assistant's employment pending proceedings by the Board. (7) If the Board finds that the information received in a complaint or an investigation does not merit disciplinary action against a licensee it may take the following actions: (A) Dismiss the complaint; and (B) Issue an advisory letter to the licensee. An advisory letter is non-disciplinary and notifies a licensee that, while there is no evidence to merit disciplinary action, the Board believes that the licensee should become educated about the requirements of this subchapter and Board rules. (8) If the Board finds that the information received in a complaint or an investigation merits disciplinary action against a licensee it may take the following actions or combination thereof: (A) Issue a censure; (B) Restrict a license. The Board may require a licensee to report regularly to the Board on matters related to the grounds for the restricted license. (C) Suspend a license for a period prescribed by the Board. (D) Suspend or restrict a license while the licensee seeks treatment for impairment. (E) Revoke a license; (F) Refuse to issue or renew a license; (G) Accept a voluntary surrendering of a license based on an order of consent from the Board; or (H) Apply to any court of competent jurisdiction for an order enjoining any person or business entity from committing any violation of this subchapter. Injunction proceedings under this subsection are in addition to, and not in lieu of, all penalties and other remedies prescribed in this subchapter. (9) The Board has the power to require restitution when necessary. (10) The Board has the power to assess the costs of the disciplinary proceedings against the physical therapist or physical therapist assistant. Costs may be assessed against a complainant, if the Board finds that the complaint is frivolous as defined by Title 5, section 541, subsection (c), Virgin Islands Code. (11) Any physical therapist or physical therapist assistant or applicant for licensure under this subchapter whose license to practice is denied, revoked, suspended or otherwise limited pursuant to this section or this subchapter, shall have the right to appeal the action of the Board within 30 days after the written decision to the Superior Court and the notice of appeal must be simultaneously filed with the Board. History: Added Feb. 10, 1969, No. 2388, § 5, Sess. L. 1969, p. 13; amended July 11, 2014, No. 7620, § 2(8.), Sess. L. 2014, p. 136-141.

(a) This subchapter does not restrict a person licensed under any other law of this Territory from engaging in the profession or practice for which that person is licensed if that person does not represent, imply or claim that he is a physical therapist, physical therapist assistant. (b) The following persons are exempt from the licensure requirements of this subchapter when engaged in the following activities: (1) A person in an entry-level professional education program approved by the Board who is satisfying supervised clinical education requirements related to the person's physical therapist education while under on-site supervision of a physical therapist; (2) A physical therapist who is practicing in the United States Armed Services, United States Public Health Service or Veterans Administration pursuant to federal regulations for licensure of health care providers; (3) A physical therapist who is licensed in another jurisdiction of the United States or credentialed to practice physical therapy in another country if that person is teaching, demonstrating or providing physical therapy services in connection with teaching or participating in an educational seminar of no more than 60 days in a calendar year; (4) A physical therapist who is licensed in another jurisdiction of the United States if that person is providing consultation by means of telecommunication, as defined in § 165a(k) of this subchapter, to a physical therapist licensed under this subchapter; (5) A physical therapist who is licensed in a jurisdiction of the United States or credentialed in another country, if that person by contract or employment is providing physical therapy to individuals affiliated with or employed by established athletic teams, athletic organizations or performing arts companies temporarily practicing, competing or performing in the territory for no more than 60 days in a calendar year; and (6) A physical therapist who is licensed in a jurisdiction of the United States and who enters the Territory to provide physical therapy during a declared local or national disaster or emergency. This exemption applies for no longer than 60 days following the declaration of the emergency. In order to be eligible for this exemption the physical therapist shall notify the Board of their intent to practice. (c) A physical therapist assistant who is certified or licensed in a jurisdiction of the United States and is assisting a physical therapist engaged specifically in activities related to subsection (b), paragraphs (2), (3), (5) and (6) of this section is exempt from the requirement of licensure under this subchapter. History: Added July 11, 2014, No. 7620, § 2(9.), Sess. L. 2014, p. 141-142.

Each licensee is responsible for reporting a name change and changes in business and home address, email address and telephone numbers to the Board within 30 days of the change. History: Added July 11, 2014, No. 7620, § 2(10.), Sess. L. 2014, p. 142-143.

(a) A person, including, but not limited to, a licensee, corporation, insurance company, health care organization or health care facility and Territorial governmental agencies, shall report to the Board any conviction or determination by an agency or court that a licensee has committed an act that constitutes a violation of section 165k(c) of this subchapter. (b) The Board shall not disclose the identity of a person who provides information unless such information is essential to proceedings conducted pursuant to section 165k(d) of this subchapter, or unless required by a court of law. History: Added July 11, 2014, No. 7620, § 2(11.), Sess. L. 2014, p. 143.

(a) The public shall have access to the following information: (1) A list of licensees that includes place of employment, business address and telephone number of record, license number, date of license expiration and status of license; (2) A list of final disciplinary actions taken by the Board; and (3) The address, website, email and phone number of the Board. (b) Each licensee shall display a copy of his license in a location accessible to public view and produce a copy immediately upon request. (c) Each licensee shall provide the public with information on how to file a complaint with the Board against a licensee by placing signs in the lobby, in waiting rooms and in the reception area of all offices and shall produce a copy immediately upon request. (d) Any person may submit a complaint regarding any licensee, or any other person potentially in violation of this subchapter. Confidentiality must be maintained subject to law. (e) The home address, email address and home telephone numbers of physical therapists and physical therapist assistants are not public records and must be kept confidential by the Board unless they are the only addresses and telephone numbers of record. (f) A patient has freedom of choice in selection of services and products. (g) Information relating to the physical therapist-patient relationship is confidential and shall not be communicated to a third party who is not involved in that patient's care without the written authorization of the patient, or patients parent or guardian if the patient is a minor, or patients legal guardian if the patient is adjudicated incompetent. The physical therapist-patient privilege does not extend to cases in which the physical therapist has a duty to report information as required by law. (h) The Board shall keep all information relating to the receipt and investigation of complaints filed against licensees confidential until the information is disclosed in the course of the investigation or any subsequent proceeding or until disclosure is required by law. Patient records, including clinical records, files, any other report or oral statement relating to diagnostic findings or treatment of patients, any information from which a patient or the patient's family might be identified, or information received and records or reports kept by the Board as a result of an investigation made pursuant to this subchapter shall not be available to the public and shall be kept confidential by the Board. History: Added July 11, 2014, No. 7620, § 2(12.), Sess. L. 2014, p. 143-144.

As used in this subchapter except where otherwise provided- (a) "Government agency" means any governmental entity, board, bureau, commission, department, agency, division, authority, office, or agent, or semi-private governmental entity receiving governmental funds for its operation in whole or in part, or any entity having bonding authority under the Virgin Islands Government in whole or in part. (b) "Health care" means any act, or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment or confinement. (c) "Health care provider" means a person, corporation, facility or institution who must be licensed by this territory to provide health care or professional medical services including a medical, osteopathic, chiropractic or naturopathic physician, hospital, dentist, registered or licensed practical nurse to include the Advanced Practice Registered Nurse, optometrist, podiatrist, physical therapist, psychologist, paramedical personnel, emergency medical technician, pharmacist and laboratory technician. (d) "Hospital" means a public or private institution licensed under Title 19, Virgin Islands Code, chapter 15. (e) "Insurer" means the authority or an insurance company engaged in making in this territory malpractice liability insurance pursuant to Title 22, Virgin Islands Code. (f) "Malpractice" means any tort or breach of contract based on health care or professional services rendered, or which should have been rendered by a health care provider, to a patient. (g) "occurrence" means all losses sustained as a result of the same act or omission constituting negligence, which constitutes a single occurrence, happening, or event for purposes of applying the $250,000 coverage limitation as contained in Section 166b of this Chapter. (h) "Territorial Office of Risk Management" means the Office created to implement and administer the provisions of this subchapter IX relating to the Department of Health's Self-Insurance Retention Program as well as other risk management programs developed by the Department of Health and the St. Thomas and St. Croix Hospitals. (i) "Patient" means a natural person who receives or should have received health care from a licensed health care provider, under a contract, express or implied. (j) "Private practice" means provision of health care by health care providers who are not Government employees and are self-employed. (k) "Representative" means the spouse, parent, guardian, trustee, attorney or other legal agent of the patient. (l) Wherever necessary to the context of this subchapter the masculine shall mean and include the feminine and the singular shall mean and include the plural. (m) "Economic damages" include: (1) medical costs; (2) hospital costs; (3) costs for custodial care, rehabilitation, and physical therapy; and (4) lost earnings. (n) "Noneconomic damage" includes: (1) pain and suffering; (2) loss of consortium; (3) inconvenience; (4) physical impairment; and (5) disfigurement. History: Added Nov. 18, 1975, No. 3770, § 1, Sess. L. 1975, p. 194; amended Oct. 25, 1978, No. 4234, § 5, Sess. L. 1978, p. 263; June 20, 1986, No. 5175, § 1, Sess. L. 1986, p. 171; Sept. 2, 1987, No. 5277, §§ 2, 3, Sess. L. 1987, p. 125; Sept. 21, 1987, No. 5278, § 5, Sess. L. 1987, p. 130; June 17, 1993, No. 5864, § 1, Sess. L. 1993, p. 95; Feb. 4, 1998, No. 6201, § 2, Sess. L. 1998, p. 26; Dec. 29, 2001, No. 6492, § 2, Sess. L. 2001, p. 393; June 7, 2004, No. 6675, § 29, Sess. L. 2004, p. 48.

To be qualified under the provisions of this subchapter, a health care provider must be covered by the Government of the Virgin Islands, Department of Health's Self-Insurance Retention Program or any other insurance policy as provided for in section 166e of this Title. History: Added Nov. 18, 1975, No. 3770, § 1, Sess. L. 1975, p. 195; amended Apr. 27, 1976, No. 3797, § 8, Sess. L. 1976, p. 23; June 17, 1993, No. 5864, § 2, Sess. L. 1993, p. 95.

(a) The total amount recoverable for any injury of a patient may not exceed two hundred and fifty thousand dollars ($250,000) per occurrence. (b) The only damages which may be awarded in an action under this subchapter are the following: (1) economic damages; and (2) noneconomic damages. (c) The total amount awarded for noneconomic damages for any injury to a patient as a result of a single occurrence in an action under this subchapter may not exceed seventy-five thousand dollars ($75,000). (d) No punitive damages may be awarded in an action filed under this subchapter. (e) The maximum amounts specified in this section are inclusive of: (1) actual expenses up to the time of trial paid or payable or reimbursed or reimbursable from any other source for reasonable and necessary: (A) medical care; (B) custodial care; and (C) rehabilitation services; (2) estimated future expenses reimbursable or payable from any other sources for reasonable and necessary: (A) medical care; (B) custodial care; and (C) rehabilitation services; and (3) lost earnings paid or payable from any other source. (f) The recovery in an action for wrongful death of a patient shall be as provided in Title 5, section 76, Virgin Islands Code, and shall be subject to the same limitations on recovery as are provided for in this section. History: Added Nov. 18, 1975, No. 3770, § 1, Sess. L. 1975, p. 195; amended June 20, 1986, No. 5175, § 2, Sess. L. 1986, p. 171; June 17, 1993, No. 5864, § 3, Sess. L. 1993, p. 95.

A patient's claim for compensation under this subchapter is not assignable. History: Added Nov. 18, 1975, No. 3770, § 1, Sess. L. 1975, p. 195.

(a) No claim, whether in contract or tort, may be brought against a health care provider based upon professional services or health care rendered or which should have been rendered unless filed within two (2) years from the date of the alleged act, omission or neglect except that for such a claim against a health care provider for malpractice arising from a foreign object being left in a patient's body the time within which the claim must be filed shall be computed from the time the plaintiff discovers the presence of the foreign object or discovers facts which would reasonably lead to the discovery of the presence of the foreign object; Provided, That any malpractice claim brought under this subchapter may be filed within two years of the last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the alleged act, omission or neglect; Provided further, That a toll of the statute of limitations shall operate for any period during which the health care provider had actual knowledge of any act, omission or neglect or knowledge of facts which would reasonably indicate such act, omission or neglect which is the basis for a malpractice claim and failed to disclose such fact to the patient. (b) Notwithstanding subsection (a) of this section and Title 5, section 36, Virgin Islands Code, a minor shall have until his sixth birthday to file a claim under this subchapter, or the period described in subsection (a) of this section, whichever period is longer. (c) Notwithstanding Title 5, Virgin Islands Code, section 36, any claim by a person, other than a minor, under legal disability to file a claim against a health care provider stemming from professional services or health care rendered, whether in contract or tort, based on an alleged act or omission or neglect which occurred prior to the effective date of this subchapter, shall be brought only within the longer of- (1) Two (2) years of the effective date of this subchapter, or (2) The period described in subsection (a) of this section. History: Added Nov. 18, 1975, No. 3770, § 1, Sess. L. 1975, p. 195; amended June 20, 1986, No. 5175, § 3, Sess. L. 1986, p. 172.

(a) The Commissioner of Health is hereby authorized and directed to procure a group insurance policy which shall cover the cost of Professional Liability Insurance for health care providers as defined in section 166(c) of this subchapter. Health care providers who engage in private practice and who participate in the group insurance policy procured by the Commissioner of Health shall reimburse the Government for their premiums, which reimbursement shall be deposited in the General Fund of the Treasury of the Virgin Islands. The Government of the Virgin Islands shall provide financial assistance toward the payment of premiums for health care providers who are employed by government agencies to perform or furnish health care on the following basis: (1) For said health care providers exclusively employed by the Government of the Virgin Islands on a full-time basis, the entire premium shall be borne by the Government of the Virgin Islands. (2) For said health care providers who, in addition to their employment with the Government of the Virgin Islands, engage on their own time in a private practice, one-half of the premium shall be paid for by said provider and one-half by the Government of the Virgin Islands. (b) The coverage provided by the policy procured pursuant to subsection (a) of this section, or the coverage provided by the Self-Insurance Retention Program pursuant to subsection (f) of this section shall provide limits of liability of $250,000 for an injury suffered by a patient as a result of a single occurrence. (c) The term of the insurance policy procured pursuant to subsection (a) of this section may be for a period of one or more years. (d) The insurance policy obtained pursuant to this section may be procured by the Commissioner of Health without utilizing the competitive bidding procedures required by Title 31, chapter 23, VIC. (e) Notwithstanding any other licensing provision of the Virgin Islands Code, a license to provide health care in the territory is effective only after the health care provider is covered by: (1) the insurance policy procured pursuant to subsection (a) of this section, or (2) the Self-Insurance Retention Program established pursuant to subsection (f) of this section, or (3) any other insurance policy providing professional liability coverage of not less than $250,000 for an injury suffered by a patient as a result of a single occurrence. (f) All health care providers who, in addition to their employment with the Government of the Virgin Islands, engage in a private practice and receive financial assistance toward the payment of their medical malpractice insurance premiums under this section, shall accept Medicare and Medicaid for payment of health care services from patients in their private practice, and in addition must provide medical services to veterans of the United States Military Services that are covered by an insurance carrier. The Commissioner of Health, after notice to the health care provider and opportunity for a hearing, shall fine any health care provider the Commissioner determines to be in violation of this subsection $1,000 for the first violation and for a second violation shall terminate all financial assistance toward the payment of the health care provider's medical malpractice insurance premiums. (g) In lieu of the procurement of a group insurance policy as set forth in subsection (a) of this section, the Commissioner of Health is authorized to self-insure health care providers against claims arising out of the rendering of, or failure to render, medical care or services, or against claims for injury or death to patients arising out of the activities of health care providers, upon compliance with the following conditions: (1) Establishment of a Medical Malpractice Risk Management Trust Fund to provide coverage against professional medical malpractice liability, which Fund shall be managed by a licensed broker or brokerage firm. The investment plan of such firm shall be subject to the approval of the Medical Malpractice Action Review Committee; a maximum of one percent (1%) of the proceeds of such fund may be used by the Territorial Office of Risk Management as defined in subsection (h) of section 166 of this chapter, for administrative purposes. Interest accruing on such fund shall be retained or redeposited into such fund; (2) Employment of professional consultants for loss prevention and claims management coordination under a risk management program, defense counsel to defend claims in suit and the payment of all legal fees and expenses, court costs, filing and recordation fees, service of process, costs and expenses of experts in connection with their advice and testimony, preparation of photographs, diagrams, chemical and physical analyses and the like, special investigations, costs of depositions, transcripts and copies, and all other reasonable out-of-pocket charges, fees, costs or expenses related or incidental to the defense, investigation, negotiation or settlement of claims for which the Department of Health and the St. Thomas and St. Croix Hospitals have self-insured; and (3) Adherence to the limits of liability as set forth in subsection (b) of this section. (h) In support of, or as a supplement to, a program of self-insurance, the Commissioner of Health is authorized to purchase medical malpractice insurance, specific excess insurance, and aggregate excess insurance, up to determined limits, as necessary to provide the insurance coverages authorized by this section, consistent with market availability. The Commissioner of Health is further authorized to procure such risk management services as may be required and to pay claims as may arise under any deductible provisions. In order to comply with this section, the Commissioner of Health shall be excluded from the provisions of Title 31, chapter 23, section 235, Virgin Islands Code. (i) In fulfilling his duty to obtain insurance coverage for health care providers pursuant to this subchapter, the Commissioner of Health shall use the services of a firm of professional and experienced insurance brokers with expertise in the area of professional medical malpractice insurance in order to assist the Commissioner in designing and marketing the insurance program. History: Added Nov. 18, 1975, No. 3770, § 1, Sess. L. 1975, p. 196; amended Apr. 27, 1976, No. 3797, §§ 1- 4, 6, Sess. L. 1976, p. 21; Dec. 4, 1985, No. 5115, Sess. L. 1985, p. 167; Sept. 2, 1987, No. 5277, § 4, Sess. L. 1987, p. 126; June 17, 1993, No. 5864, § 4, Sess. L. 1993, p. 95; amended July 30, 2016, No. 7889, § 1, Sess. L. 2016, p. 115, 116.

(a) A contingency fee for an attorney representing a plaintiff prosecuting a medical malpractice claim shall not exceed twenty-five percent (25%). (b) The limit on an attorney's contingency fee required by this section is subject to the discretion of the court to increase or decrease said percentage. History: Added Nov. 18, 1975, No. 3770, § 1, Sess. L. 1975, p. 197; amended June 20, 1986, No. 5175, § 4, Sess. L. 1986, p. 172.

(a) All malpractice claims settled or adjudicated to final judgment shall be reported to the Commissioner of Health by the plaintiff's attorney and by the health care provider or his insurer within sixty (60) days following final disposition of the claim. The report to the Commissioner of Health shall state the following: (1) nature of the claim; (2) (i) the amount of any settlement or judgment and the injury involved; or (ii) if plaintiff filed an action in court and did not recover any damages, the damages asserted and the alleged injury. (b) The Commissioner of Health shall forward the name of every health care provider, except a hospital, against whom a settlement is made or judgment is rendered under this subchapter to the appropriate board of professional registration and examination for review of the fitness of the health care provider to practice his profession. In each case the board shall review the health care provider's fitness to practice in the territory, and the board shall have the power, in appropriate cases, to take disciplinary action including- (1) censure; (2) imposition of probation for a determinate period; (3) suspension of the health care provider's license for a determinate period; (4) revocation of the license; and (5) requiring the health care provider to obtain supplementary or review education or training. (c) Review of the health care provider's fitness to practice shall be conducted in accordance with this chapter. History: Added Nov. 18, 1975, No. 3770, § 1, Sess. L. 1975, p. 197.

(a) Any provision in a policy attempting to limit or modify the liability of the insurer contrary to the provisions of this subchapter is void. (b) The policy procured pursuant to section 166e of this subchapter is deemed to include the following provisions, and any change which may be occasioned by legislation adopted by the Legislature as fully as if it were written therein: (1) The insurer assumes all obligations to pay an award imposed against its insured under the provisions of this subchapter; and (2) Any termination of the policy by cancellation is not effective as to patients claiming against the insured covered by the policy, unless at least thirty (30) days before the taking effect of the cancellation, a written notice giving the date upon which termination becomes effective has been received by the insured and the Commissioner of Insurance at their offices. History: Added Nov. 18, 1975, No. 3770, § 1, Sess. L. 1975, p. 198.

(a) There is established within the Office of the Commissioner of Health a Medical Malpractice Action Review Committee (referred to in the rest of this section as "the Committee") the purpose of which shall be to arrange for expert review of all malpractice claims before actions based upon such claims are commenced in court. The members of the Committee shall be the: (1) Commissioner of Insurance who shall be the Chairman (2) President of the Virgin Islands Bar Association or his designee who shall be an attorney admitted to practice in the territory, and (3) (i) President of the Virgin Islands Medical Society or his designee who shall be a health care provider licensed under the laws of the territory, and, if a nurse is named as a defendant, the President of the Virgin Islands Nurses' Association or his designee, or (ii) President of the Virgin Islands Nurses' Association or his designee if only a nurse, or a nurse and institution, is named as defendant. (b) No action against a health care provider may be commenced in court before the claimant's proposed complaint has been filed with the Committee and the Committee has received the expert opinion as required by this section, provided, that if said opinion is not received by the Committee within ninety days from the date the complaint was filed with the Committee, the claimant may commence his action against the health care provider in court; Provided further, That the commencement of the court action shall not prevent the Committee from obtaining the expert opinion. (c) The proposed complaint shall be deemed filed when a copy is delivered or mailed by registered or certified mail to the Commissioner of Health, who shall immediately forward a copy to each health care provider named as a defendant at his last and usual place of residence or his office and said health care provider may file a proposed answer to the complaint to the committee within twenty (20) days. The proposed answer shall be deemed filed when a copy is delivered or mailed by registered or certified mail to the Commissioner of Health, who shall immediately forward a copy to the plaintiff. (d) The Committee shall determine, after expiration of the date for receipt of the defendant's proposed answer, the type of medical expert or experts who are needed to review the malpractice claim. (1) The Committee shall arrange for the expert to review the medical records and the legal papers submitted to the Committee and to submit to the Committee an opinion in writing concerning whether or not the defendant acted or failed to act within the appropriate standards of medical care as charged in the proposed complaint. The Committee may provide for the expert to examine the patient if the Committee determines such examination to be necessary. (2) In order to fulfill its duties under this section, the Committee shall have the right and duty to request all necessary information from health care providers including hospitals, and said providers shall have the duty to supply such information to the Committee. The Committee may examine reports of such other health care providers which records are necessary to fully inform itself regarding the issue to be decided. If a health care provider, other than a hospital, refuses to provide reports requested by the Committee, the Committee shall report said failure to the appropriate licensing board, and said licensing board shall institute disciplinary proceedings. The licensing board shall take appropriate disciplinary action which may include suspension or revocation of the health care provider's license. (3) The cost of obtaining expert opinion as required by this section shall be funded by the Medical Expert Fund created by 33 Virgin Islands Code, section 3042. (4) The expert opinion or opinions received by the Committee shall be available immediately upon receipt by the Committee of said opinion or opinions. Upon receipt by the Committee of an expert opinion, the Commissioner of Health shall immediately forward a copy of the opinion to the plaintiff and defendant. An expert opinion obtained by the Committee pursuant to this section shall be available to either party in an action subsequently brought by the plaintiff in a court in this territory. However, if either party wishes to call the expert as a witness, the party must do so at his own cost. (e) A Committee member shall have absolute immunity from civil liability for all communications, findings, opinions and conclusions made in the course and scope of duties prescribed by this section. History: Added Nov. 18, 1975, No. 3770, § 1, Sess. L. 1975, p. 199; amended June 20, 1986, No. 5175, § 5, Sess. L. 1986, p. 172; June 17, 1993, No. 5864, § 5, Sess. L. 1993, p. 97.

(a) Any health care provider, including a facility or institution, may file a counterclaim against a person filing a complaint under this chapter, alleging that the complaint filed is frivolous. If the court finds that the complaint is frivolous it may award to the successful party court costs, including reasonable attorneys fees not exceeding ten thousand dollars ($10,000). (b) In order to find the complaint filed to be frivolous under subsection (a) of this section, the court must find that the complaint was filed: (1) solely to harass or maliciously injure another; or (2) without any reasonable basis in law or fact and could not be supported by a good faith argument for an extension, modification or reversal of existing law. History: Added June 20, 1986, No. 5175, § 6, Sess. L. 1986, p. 173.

Future Damages (a) In any action tried under this subchapter the court shall instruct the jury that if the jury finds a verdict awarding damages it shall in its verdict specify the applicable elements of economic and noneconomic damages upon which the award is based and the amount assigned to each element. The economic damages shall be further itemized into amounts intended to compensate for medical costs, hospital costs, custodial care, rehabilitation, and lost earnings. The noneconomic damages shall be further itemized into amounts intended to compensate for pain and suffering, loss of consortium, inconvenience, physical impairment and disfigurement. Each element shall be further itemized into amounts intended to compensate for damages which have been incurred prior to the verdict and amounts intended to compensate for damages to be incurred in the future. In itemizing amounts intended to compensate for future damages, the jury shall set forth the period of years over which such amounts are intended to provide compensation. In computing said damages, the jury shall be instructed to award the full amount of future damages, as calculated, without reduction to present value. The decision of the court shall be itemized in like manner, both as to elements of damage and future damage. (b) In appropriate cases the court may provide for a damage award rendered under this subchapter to be paid in installments, except that awards for: (1) past economic damages; (2) all noneconomic damages; and (3) litigation expenses and those attorney's fees attributable to past damages; shall be payable in a lump sum. In addition, awards in reimbursement of payments made by a subrogee or lien holder and allocable to future damage of the claimant shall be made in a lump sum. The court may order the purchase of an annuity contract by the defendant as security for and installment payment of future damages. History: Added June 20, 1986, No. 5175, § 6, Sess. L. 1986, p. 173.

(a) The Legislature finds that there is a public need to improve the review of the quality of health care delivery and to improve the communication between the patient and health care provider. Therefore, there is established within the Office of the Commissioner of Health a Health Care Consumer Complaint Review Committee (referred to in the rest of this section as "the Committee"). (b) The Committee shall be composed of seven (7) members which shall include- (1) the Director of Comprehensive Health Planning for the Territory or his designee; and (2) three (3) members appointed by the Governor one of whom shall be an individual health care provider, and two of whom shall not be "providers of health care" as that term is defined in the National HNational Health Planning and Resources Development Act of 1974641, 42 U.S.C.A. §§1501, 1531 . Not more than one such member shall be a resident of the same island. In the initial appointment of the members, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years. Thereafter, such members shall be appointed for a term of four years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of the term. Such members may be removed for cause by the Governor. One of the members who is not a health care provider shall be an attorney who is admitted to practice in the territory; and (3) three (3) members appointed by the President of the Legislature, one of whom shall be an individual health care provider, and two of whom shall not be "providers of health care" as that term is defined in the National Health Planning and Resources Development Act of 1974, P.L. 93-641, 42 U.S.C.A. §§1501, 1531 . Not more than one such member shall be a resident of the same island. The term of office of each member shall be for two years and each shall be eligible for reappointment. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of the term. Members appointed by the President of the Legislature may be removed for cause by the President of the Legislature. (c) The Committee shall elect one of the members who is not a health care provider as Chairman of the Committee. (d) The Department of Health shall provide staff assistance to the Committee. (e) It shall be the duty of the Committee to act upon every complaint which it receives from a patient concerning the quality of health care provided by a health care provider, in hospitals, in the territory. Every board in the territory responsible for licensing health care providers shall forward all such complaints from patients to the Committee. Patients who wish to file such a complaint may file the complaint directly with the Committee. (1) All complaints submitted to the Committee shall be in writing. The Committee may furnish appropriate forms to the complainants to aid them in preparing their complaints. (2) The Committee shall meet at the call of the Chairman; Provided, however, That the Committee shall meet at least bimonthly to consider any complaints which are pending before it. (3) In carrying out its duty to act upon each complaint, the Committee shall communicate with the health care provider and attempt to resolve the complaint. The Committee shall request from the health care provider all records which are necessary in order to investigate and evaluate the complaint. (i) The Committee shall inform the appropriate licensing board of the failure of a health care provider, other than a hospital, to comply with a request for information. The licensing board shall institute disciplinary proceedings and take appropriate disciplinary action which may include suspension or revocation of the health care provider's license. (ii) Upon completion by the Committee of its investigation of a complaint, it shall file a report containing its findings and recommendations with the appropriate licensing board and a copy of the report with the Commissioner of Health, except if the health care provider is a hospital, said report shall be filed with the Commissioner of Health and a copy with the Director of Hospital and Medical Services; Provided, That thirty (30) days before the report is filed the Committee shall forward a copy of the report to the health care provider and the complainant who may submit written comments concerning the report to the Committee. Said comments shall be attached to the report and filed with the report. (iii) The Committee may suspend or revoke the hospital privileges of a health care provider for cause shown in its report. (iv) The Commissioner of Health shall maintain a permanent, central file of these reports submitted by the Committee. (v) The reports by the Committee shall not be considered public records under 3 Virgin Islands Code, chapter 33; Provided, however, That the complainant and the health care provider who is the subject of the complaint, or their representatives, shall be allowed to inspect the record. History: Added Nov. 18, 1975, No. 3770, § 1, Sess. L. 1975, p. 201; amended May 19, 2000, No. 6347, § 1, Sess. L. 2000, p. 20.

The Medical Malpractice Action Review Committee and the Health Care Consumer Complaint Review Committee established by this subchapter shall each file a summary report of each calendar year's activities by the first day of February of the next calendar year. A copy of the report shall be filed with the Governor and with the Legislature. History: Added Nov. 18, 1975, No. 3770, § 1, Sess. L. 1975, p. 202.

The provisions of this subchapter do not apply to any act of malpractice which occurred before the effective date of this subchapter. History: Added Nov. 18, 1975, No. 3770, § 1, Sess. L. 1975, p. 203.

History: Repealed. June 17, 1993, No. 5864, § 6, Sess. L. 1993, p. 97.

As used in this subchapter: (1) "Practice of chiropractic" means the diagnosis and treatment of human ailments, as taught by a school or college of chiropractic accredited by the Council on Chiropractic Education, recognized by the United States Department of Education, including: (A) The detection and correction of structural and functional imbalance, nerve interference, distortion, misalignment and subluxations in the human body and their effects for the purpose of restoring and maintaining health; (B) All appropriate physiotherapy procedures and other appropriate treatment to restore and maintain the nervous, muscular or skeletal systems and the general health of the human body by manual or instrument correction; (C) The taking of case histories, examining and evaluating the patient, ordering or performing laboratory and other diagnostic tests, as needed, diagnosing the condition and then treating, managing, co-managing or referring to other specialists, as warranted; and (D) The performance of health promotion and wellness procedures and services, including exercise, nutrition, weight loss, stress reduction, and education and counseling on general health matters, in accordance with the standards and practices of the Council on Chiropractic Education, recognized by the United States Department of Education. History: Added Oct. 25, 1978, No. 4234, § 4, Sess. L. 1978, p. 259; amended Sept. 27, 2013, No. 7510, § 2(1), Sess. L. 2013, p. 80.

It shall be unlawful for any person to practice or to offer to practice chiropractic in the Virgin Islands, or to use any title, abbreviation, sign, card or device to indicate that such person is practicing chiropractic, except as provided in this subchapter. History: Added Oct. 25, 1978, No. 4234, § 4, Sess. L. 1978, p. 260.

(a) Any person desiring to practice chiropractic in the Virgin Islands shall obtain a license to do so in accordance with the provisions of this subchapter. (b) A license issued pursuant to this subchapter for chiropractic practice shall be issued for a period of two years. History: Added Oct. 25, 1978, No. 4234, § 4, Sess. L. 1978, p. 260; -Amended Sept. 20, 2011, No. 7270, § 13, Sess. L. 2011, p. 135.

(a) As used in this subchapter, "Board" means the Virgin Islands Board of Chiropractic Examiners established under 3 V.I.C. § 415(b)(7) and authorized to operate under this subchapter. (b) Members of the Board of Chiropractic Examiners shall serve a term of four years and may be reappointed. Upon the conclusion of the term of any member of the Board, the member shall continue to serve until a new member has been appointed and confirmed. Members of the Board may be removed by the Governor only for cause. (c) A quorum consists of three of the Board's members. A majority of those present shall decide on all matters before the Board. Members of the Board may participate in meetings by video conference to minimize the need for inter-island travel, and the Board shall use video conferencing whenever practical. However, this subsection may not be construed to permit any violation of 1 V.I.C. § 254. (d) Each member is entitled to receive $75 for each day or part of a day spent in the attendance of official meetings of the Board, plus actual travel expenses when the member travels from the island of the member's residence to attend an official meeting. (e) A Board member who acts within the authority of the Board is personally immune from civil liability with respect to all actions the Board member takes in good faith pursuant to this subchapter. (f) The Board shall have the power and duty to- (1) recommend the issuance, suspension, revocation or reinstatement of licenses under this subchapter; and (2) adopt, amend and repeal rules and regulations and by-laws not inconsistent with the provisions of this subchapter, and in accordance with generally accepted medical and chiropractic standards, relating to the organization and operation of the Board, and the licensing and registration of chiropractic physicians under this subchapter, upon finding that such are necessary for the furtherance of the provisions of this subchapter, which rules, regulations, or by-laws, when approved by the Governor, shall be deemed to be a part of and of the same effect as this subchapter. History: Added Oct. 25, 1978, No. 4234, § 4, Sess. L. 1978, p. 260; amended Sept. 27, 2013, No. 7510, § 2(2), Sess. L. 2013, p. 81.

Applications for licensures shall be sent to the Board at least six weeks prior to the examination provided for by section 167f of this subchapter which the applicant desires to take, and shall be accompanied by the prescribed examination fee and by proof satisfactory to the Board that the applicant- (1) is twenty-one years of age or over; (2) is of good moral character; (3) is not addicted to intemperate use of alcoholic stimulants or narcotic drugs; (4) is the holder of a Bachelor of Science, Bachelor of Arts or equivalent college degree with the required subjects for admission and graduation, and the awarding of a Doctor of Chiropractic Degree, and is a graduate of an accredited four-year resident school of chiropractic approved by the Council on Chiropractic Education as recognized by the United States Department of Education and the Board; (5) [Deleted.] (6) [Deleted.] History: Added Oct. 25, 1978, No. 4234, § 4, Sess. L. 1978, p. 260; amended Sept. 28, 1987, No. 5280, § 3, Sess. L. 1987, p. 132; amended Sept. 27, 2013, No. 7510, § 2(3)(A), (B), Sess. L. 2013, p. 81, 82.

(a) The Board shall hold regular examinations twice a year in the Virgin Islands on the second Wednesday of June and November for admission to practice chiropractic. The examination shall have a written and an oral component, and shall cover such subjects as the Board prescribes, which, in accordance with accepted medical and chiropractic standards, are adequate and sufficient for proper evaluation of an applicant's qualifications to practice chiropractic. (b) Candidates for admission to practice shall be required to attain a general average of 75% in the subjects on which the candidates were examined, but may not attain a grade lower than 65% in any subject. (c) Notwithstanding the other provisions of this section, the Board may accept or require any or all parts of the National Board of Chiropractic Examiners (NBCE) Examination in lieu of any or all parts of the Boards' written and/or oral examination when the Board determines that the exams are of equal or greater value than the Virgin Islands exam. History: Added Oct. 25, 1978, No. 4234, § 4, Sess. L. 1978, p. 261; amended Sept. 28, 1987, No. 5280, § 4, Sess. L. 1987, p. 133; Feb. 1, 2001, No. 6391, § 2(p), Sess. L. 2000, p. 456; amended Sept. 27, 2013, No. 7510, § 2(4), Sess. L. 2013, p. 82.

Examination License Certificate Chiropractors.................... $145.00 $5.00 Examination License Certificate Chiropractors.................... $145.00 $5.00 All fees shall be paid in accordance with regulations issued by the Board or incorporated in its by-laws. Any person, upon showing of proper justification, or who fails to pass the required examination, shall be admitted to one reexamination of any part with a grade lower than 65% without payment of further fee, provided that the fee paid in advance for the proper examination shall not be returned to the applicant. History: Added Oct. 25, 1978, No. 4234, § 4, Sess. L. 1978, p. 261; amended Sept. 27, 2013, No. 7510, § 2(5), Sess. L. 2013, p. 82.

Licenses The Board shall report its recommendations with respect to all applications to practice, including the results of all examinations and the Board's investigation of the moral character and qualifications of applicants, to the Commissioner of Health who, upon due consideration that all requirements have been met, shall issue licenses to each qualifying applicant. History: Added Oct. 25, 1978, No. 4234, § 4, Sess. L. 1978, p. 261.

(a) Every person who obtains a license under the provisions of this subchapter, shall, within 30 days after issuance, register the license in the office of the Commissioner of Health. Thereafter such license shall be biennially registered as a condition to further practice upon payment at the office of the Commissioner of Health of a fee of $200.00 and completion of such continuing education courses as the Board through regulations shall require. (b) The Commissioner of Health, upon recommendation of the Board, and subject to appeal to the Governor, may revoke or suspend the license to practice issued to any person under this subchapter who, after due notice and hearing by the Board, is found to be guilty of any unprofessional or dishonorable conduct, including habitual drunkenness, un-prescribed or excessive use of narcotics, the soliciting of patronage by agents, or the failure to keep legible, adequate, accurate case histories and daily records sufficient to support the rationale of clinical findings and care rendered to each patient. History: Added Oct. 25, 1978, No. 4234, § 4, Sess. L. 1978, p. 261; amended Nov. 7, 1983, No. 4877, § 310(c)(7), Sess. L. 1983, p. 239; amended Sept. 27, 2013, No. 7510, § 2(6)(A), (B), Sess. L. 2013, p. 82.

(a) A license to practice as a chiropractor shall not permit the holder thereof to use radio-therapy, fluoroscopy, or any form of ionizing radiation except X-ray and imaging which may be used only as follows: (1) X-ray and imaging may be used for diagnostic and analytical purposes only; (2) [Deleted] (b) The requirements and limitations with respect to the use of X-ray and imaging by chiropractic physician's shall be enforced by the Board of Chiropractic Examiners, which is empowered to promulgate rules and regulations to carry out the purposes of this section. (c) Chiropractic physicians shall comply with territorial and federal laws in retaining all X-ray and imaging taken in the course of their practice, together with the records pertaining thereto, and shall make all such records available to the Board of Chiropractic Examiners upon request. The provisions of this subsection shall not apply if such X-rays and imaging have been released to the patient, or transferred to another licensed health care practitioner, upon the patient's written request. (d) The provisions of subsection (a) of this section are conditioned upon the licensed chiropractic physician's having obtained a minimum of 250 hours instruction in the safe use and interpretation of X-rays and imaging for chiropractic purposes in a school of chiropractic accredited by the Council on Chiropractic Education or a similar accreditation agency associated with the federal government and approved by the Board. History: Added Oct. 25, 1978, No. 4234, § 4, Sess. L. 1978, p. 262; amended Sept. 28, 1987, No. 5280, § 2, Sess. L. 1987, p. 132; amended Sept. 27, 2013, No. 7510, § 2(7)(A)-(D), Sess. L. 2013, p. 82.

(a) A license to practice chiropractic shall not permit the holder thereof to treat for any infectious or communicable diseases, any of the cardio-vascular-renal or cardio-pulmonary diseases, any surgical condition of the abdomen such as acute appendicitis, or any benign or malignant neoplasms; to perform surgical operations; to reduce fractures; to reduce dislocations except in an emergency; to prescribe, administer, dispense or use in his practice drugs or medicines; or to use diagnostic or therapeutic methods involving prescription pharmaceuticals; or to sign death certificates; or to advise a patient against the use of a drug prescribed by a licensed physician or dentist. (b) Nothing in this section may be construed as restricting a licensed chiropractic physician from performing scholastic, sports, routine or other physical examinations, ordering or performing standard medical, laboratory or radiological or imaging procedures, as a means to assist in arriving at a diagnosis of the patient's condition, or the utilizing of procedures, structural supports, devises, electric or otherwise, for the purpose of the chiropractic treatment, making an appropriate referral or recommending nutritional, herbal, homeopathic, enzyme or other non prescription pharmacological supplements or preparations. (c) A licensed chiropractic physician may render health care services, without undue restrictions, as any other physician under the Virgin Islands workers compensation law. History: Added Oct. 25, 1978, No. 4234, § 4, Sess. L. 1978, p. 263; amended Sept. 28, 1987, No. 5280, § 5, Sess. L. 1987, p. 133; amended Sept. 27, 2013, No. 7510, § 2(8)(A)-(E), Sess. L. 2013, p. 82, 83.

The title "Doctor", "Doctor of Chiropractic" or its abbreviation "D.C." shall not be used unless the chiropractic physician is the holder of an earned degree of Doctor of Chiropractic from an educational institution duly recognized by the Board, and the designation of "Chiropractic Physician," "Doctor of Chiropractic," or "Chiropractor" must appear immediately after the name. The name and designation "D.C." may be used by the holder of an earned degree recognized by the Board. History: Added Oct. 25, 1978, No. 4234, § 4, Sess. L. 1978, p. 263; amended Sept. 27, 2013, No. 7510, § 2(9)(A)-(D), Sess. L. 2013, p. 83.

Whoever practices chiropractic in the Virgin Islands as covered by this subchapter without having first obtained the license prescribed herein, or willfully violates any of the provisions of this subchapter, or any rules and regulations issued hereunder, shall be fined not more than $500 or imprisoned not more than six months, or both. History: Added Oct. 25, 1978, No. 4234, § 4, Sess. L. 1978, p. 263.

A podiatrist is a person licensed to practice podiatry who is entitled to perform any or all of the acts prescribed in this section. A person practices podiatry who holds himself out as able to and does diagnose, treat, operate and prescribe for any disease, injury, deformity or other condition of the foot, including surgery. Podiatric services are inclusive of the treatment of warts, leg ulcers, ingrown nails, corns, calluses, heel pain, fractures, skin lesions, and amputations or other surgeries limited to the foot. Any restrictions to the above will be determined by the governing board following review of the physician's credentials to determine appropriate training via residency, fellowship, or preceptorship. Nothing in this section shall confer the right to treat any other part of the human body, nor shall it be construed as permitting the treatment of fractures of the malleoli or cutting operations upon the malleoli. History: Added Aug. 22, 1980, No. 4463, § 4, Sess. L. 1980, p. 131; amended Mar. 20, 2000, No. 6340, § 1(a), Sess. L. 2000, p. 2.

Proceedings (a) The Board may, after due notice and hearing, refuse to issue a license or certification to any person who: (1) attempts to obtain a license or certification by means of fraud or deceit; (2) does not meet the requirements to obtain a license or certification as established in this chapter; (3) has been declared mentally unfit by a competent court or whose unfitness has been established by medical experts before the Board; or (4) is a drug addict or habitual drunkard. (b) The Board may, after due notice and hearing, suspend or revoke a license or certification to any person who: (1) has been declared mentally unfit by a competent court or whose unfitness has been established by medical experts before the Board; (2) is a drug addict or habitual drunkard; (3) has been convicted of a felony or any other offense which implies moral turpitude; (4) has, in the judgment of the Board, committed negligence or a violation of the code of ethics of the profession; (5) has obtained a license or certification by means of fraud or deceit; (6) holds a certification as a speech-language pathology assistant or audiology assistant and exercises the duties of a speech-language pathologist or audiologist; (7) holds a certification as a speech-language pathology assistant or audiology assistant and practices as such without being supervised by a licensed speech-language pathologist or audiologist; (8) gives false testimony in any investigation of complaints presented before the Board for violations of the provisions of this chapter and its regulations; (9) alters or falsifies any document or material with the malicious intent of deceiving the members of the Board in the performance of their official duties; or (10) does not comply with the continuing education requirements of the Board. (c) Any applicant declared unfit under subsection (a)(3) and (4) may reapply when declared fit. Any licensee or certificate holder declared unfit under subsection (b)(1) and (2) may request reinstatement when the person is declared fit. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

It shall be unlawful for any person to engage in the practice of podiatry in the Virgin Islands or to hold himself forth as a practitioner thereof or assume the title of "Doctor" in relation thereto, except as provided in this subchapter. History: Added Aug. 22, 1980, No. 4463, § 4, Sess. L. 1980, p. 131.

(a) No person shall hold himself out as a speech-language pathologist or audiologist or practice speech- language pathology or audiology unless he is licensed or certified in accordance with this chapter. No person shall use the title speech-language pathologist, audiologist, audiology assistant, or speech-language pathology assistant or any other similar title or description in connection with his name or place of business unless that person is so licensed or certified in accordance with this chapter. (b) Any person who violates subsection (a) is guilty of a misdemeanor, punishable by a fine of not less than $500 and not more than $1,000 or a term of imprisonment of not less than one month and not more than six months, or by both fine and imprisonment. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

(a) Any person desiring to practice podiatry in the Virgin Islands shall first obtain a license to do so in accordance with the provisions of this subchapter provided, however, that no applicant for admission to the practice of podiatry shall be examined solely by a member who is a Podiatrist actively engaged in private practice. (b) A license issued pursuant to this subchapter for the practice of podiatry shall be issued for a period of two years. History: Added Aug. 22, 1980, No. 4463, § 4, Sess. L. 1980, p. 131; -Amended Mar. 20, 2000, No. 6340, § 1(b), Sess. L. 2000, p. 3; Sept. 20, 2011, No. 7270, § 14, Sess. L. 2011, p. 136.

Any person who deliberately makes a false statement on his application for license or certification is guilty of a misdemeanor, punishable by a fine of not less than $500 and not more than $1,000 or a term of imprisonment of not less than one month and not more than 12 months, or by both fine and imprisonment. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

The Board shall administer the provisions of this subchapter, except as otherwise specifically provided, and, without limitation of the generality of the foregoing, shall have the power and duty to: (a) Adopt an official seal; (b) Recommend the issuance, suspension, or revocation of licenses under this subchapter; (c) Adopt, amend and appeal rules, regulations and bylaws not inconsistent with the provisions of this subchapter, and in accordance with generally accepted podiatry standards relating to the organization of the Board, and the licensing and registration of practitioners under this subchapter, upon finding that such are necessary for the furtherance of the provisions of this subchapter, which rules, regulations or bylaws when approved by the Governor shall be deemed to be part of and of the same effect as this subchapter; (d) Employ counsel, subpoena witnesses, and administer oaths; (e) Submit to the Governor, through the Commissioner of Health, annual reports containing a summary of its work and other data which the Governor may request. History: Added Aug. 22, 1980, No. 4463, § 4, Sess. L. 1980, p. 131.

(a) The following non-refundable fees shall be paid to the Board: (1) Audiologist and speech-language pathologist: (A) Application fee-$30 (B) License/renewal fee-$30 (C) Provisional license-$50 (D) Examination fee-$25 (E) Re-take examination fee-$20 (F) Duplicate or misplaced license-$25 (2) Audiology assistant and speech-language pathology assistant: (A) Application fee-$25 (B) Certification/renewal fee-$25 (C) Duplicate or misplaced certification-$25 (b) The fees collected under subsection (a) shall be deposited into the Health Revolving Fund for exclusive use by the Office of Professional Licensure and Health Planning of the Department of Health. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

Three members of the Board shall constitute a quorum. The chairman or any one member of the Board may constitute a supervisory board for the purpose of examining applicants for admission to practice. History: Added Aug. 22, 1980, No. 4463, § 4, Sess. L. 1980, p. 132.

The Commissioner shall, pursuant to Title 3 Virgin Islands Code, chapter 35, promulgate regulations to implement and carry out the purposes of this chapter. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

(a) Applications for license shall be sent to the Board at least six weeks prior to the date of the examination and shall be accompanied by satisfactory proof that the applicant- (1) Is twenty-one years of age or over; (2) Is of good moral character; (3) Is not addicted to intemperate use of alcohol or narcotics; (4) Is a graduate of a four-year college of podiatric medicine which has been accredited by the Council on Podiatric Medical Education (CPME). (5) Has passed Parts I, IParts IIII of the American Podiatric Medical Licensing Examination, or an examination satisfactory to the Board. (6) (A) Subject to subparagraph (B), has completed a minimum of one year of residency in a CPME residency program approved by the Board. (B) if it has been four or more years since the completion of the residency program in subparagraph (A), the applicant must show: (i) proof of an active license and active practice with no disciplinary actions of podiatric medicine in another U.S. state or territory for at least two of the immediately preceding four years; or (ii) successful completion of a board approved post graduate program or board approved course within the year preceding the filing of the application; or (iii) 10 consecutive years of continuous, active license and active practice with no disciplinary actions of podiatric medicine in another U.S. state or territory immediately preceding the submission of the application; and completion of at least the same continuing education requirements during those 10 years as required of podiatric physicians licensed in the U.S. Virgin Islands. (b) There shall be no minimum residency requirement for persons applying to take the examination. (c) The residency requirement specified in subsection (b) of this section shall not apply to residents of the Virgin Islands who have been abroad studying or practicing podiatry. (d) This section shall not apply to individuals seeking preceptorship programs, internships and/or residency programs for the purposes of research and/or additional training in the field of podiatric medicine, providing that these individuals are approved by the Board of Podiatry Examiners. History: Added Aug. 22, 1980, No. 4463, § 4, Sess. L. 1980, p. 132; amended Mar. 20, 2000, No. 6340, § 1(c), Sess. L. 2000, p. 3; amended May 19, 2021, No. 8455, § 1(e)(1)(A), (B), Sess. L. 2021, p. 32, 33.

History: Repealed. May 19, 2021, No. 8455, § 1(e)(2), Sess. L. 2021, p. 33

History: Repealed. May 19, 2021, No. 8455, § 1(e)(2), Sess. L. 2021, p. 33

History: Repealed. May 19, 2021, No. 8455, § 1(e)(2), Sess. L. 2021, p. 33

History: Repealed. May 19, 2021, No. 8455, § 1(e)(2), Sess. L. 2021, p. 33

History: Repealed. May 19, 2021, No. 8455, § 1(e)(2), Sess. L. 2021, p. 33

Whoever practices podiatry in the Virgin Islands as covered by this subchapter without having first obtained the license prescribed herein, or willfully violates any of the provisions of this subchapter, or any rules and regulations issued hereunder, shall be fined not less than $500, or more than $1,000. History: Added Aug. 22, 1980, No. 4463, § 4, Sess. L. 1980, p. 134.

Podiatrists licensed to practice in the Virgin Islands shall, as a requirement for renewal of license, complete at least 30 CPME credit hours of study each year from a Podiatry Continuing Education Program. However, the Board may maintain continuing education requirements in such number of hours as may be set by the Board, but under no circumstances less than 30 hours of continuing medical education each year. History: Added Aug. 22, 1980, No. 4463, § 4, Sess. L. 1980, p. 134; amended May 19, 2021, No. 8455, § 1(e)(3), Sess. L. 2021, p. 33.

Any person licensed to practice podiatric medicine in the Virgin Islands, or licensed under an Act of any other State or Territory of the United States, who in good faith provides emergency care without fee to a victim of an accident at the scene of an accident, or in case of disaster and/or nuclear attack shall not, as a result of his acts or omissions be liable for civil damages, except for willful or wanton misconduct on the part of such person in providing such care. History: Added Aug. 22, 1980, No. 4463, § 4, Sess. L. 1980, p. 134.

As used in this chapter, unless otherwise provided or the context requires a different construction, application or meaning- (a) "Audiologist" means any person who is licensed as an audiologist in the Virgin Islands and who engages in the practice of audiology. (b) "Audiology" means the application of principles, methods and procedures of measurement, prediction, evaluation, testing, counseling, consultation, and remediation related to the development and disorders of speech, language and learning for the purposes of identifying, evaluating or modifying an individual's hearing and the planning, direction or participation in identification and hearing conservation programs. Remediation includes hearing aid evaluation, recommendation, fitting and dispensing and aural habilitation or rehabilitation. Any representation to the public by title or by description of services, methods or procedures for the evaluation, examination, counseling, or remediation of persons suffering or suspected of suffering from conditions or disorders affecting hearing is considered the practice of audiology. (c) "Audiology assistant" means a person certified in accordance with this chapter and who assists in the practice of audiology and who works under the supervision and direction of a licensed audiologist. (d) "Board" means the Virgin Islands Board of Speech-Language Pathology and Audiology established in section 168q of this chapter. (e) "Commissioner" means the Commissioner of the Virgin Islands Department of Health. (f) "Speech-language pathologist" means any person who is licensed as a speech-language pathologist in the Virgin Islands and who engages in the practice of speech-language pathology. (g) "Speech-language pathology" means the application of principles, methods and procedures of measurement, prediction, evaluation, testing, counseling, consultation, and remediation related to the development and disorders of speech and language. Any representation to the public by title or by description of services, methods or procedures for the evaluation, examination, counseling, or remediation of persons suffering or suspected of suffering from conditions or disorders affecting speech and language shall be considered to be the practice of speech language pathology. (h) "Speech-language pathology assistant" means any person certified in accordance with this chapter and who assists in the practice of speech-language pathology and who works under the supervision and direction of a licensed speech-language pathologist. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

(a) The Virgin Islands Board of Allied Health Professions ("Board") is established within the Virgin Islands Department of Health. The Board shall regulate the practice of all allied health professionals and evaluate the qualifications of applicants for licensure and grants licenses to those who qualify. The Board establishes regulations to ensure the integrity and competence of licensees. (b) The Board is composed of five members appointed by the Governor, with the advice and consent of the Legislature, who are citizens of the United States and residents of the Virgin Islands. Two members shall reside on St. Croix, two members shall reside on St. Thomas, and one member shall reside on St. John. (c) All five members must be licensed in allied health professions, and no two members may practice in the same field. (d) Each member is appointed for a term of three years or until a successor is appointed, except that the terms of the first appointees may be for shorter periods to permit a staggering of terms. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed only for the remainder of such term. Each member shall serve until the member's successor is appointed by the Governor and confirmed by the Legislature. (e) The Board shall annually elect one of its members to serve as Chairperson. (f) Three members constitute a quorum for the transaction of all business of the Board. However, in the absence of a quorum, the Chairman of the Board of Medical Examiners shall temporarily conduct the business of the Board of Allied Health until a quorum is reestablished. (g) The Governor may remove a member of the board for neglect of duty, malfeasance, incompetence, misconduct, or conviction of a felony. (h) Board members shall serve without compensation but may be reimbursed for travel expenses in the performance of official Board business as provided under Title 3 Virgin Islands Code, chapter 5, subchapter 1, section 65. History: Added Dec. 31, 2024, No. 8970, § 1, Sess. L. 2024, p. -.

The Board has the following powers and duties: (a) evaluate the qualifications of applicants, supervise examinations and grant licenses to those persons who pass the examination and who are determined to be qualified as a speech language pathologist or audiologist; (b) evaluate the qualifications of applicants and grant certificates to those persons qualified as speech- language pathology assistants or audiology assistants; (c) require applicants for license or certificate renewal to complete continuing education requirements as determined and published by the Board; (d) issue, suspend, revoke, and reinstate licenses or certificates in accordance with this chapter; (e) receive and investigate complaints relating to the practice of speech-language pathology and audiology and may report the complaints to the proper prosecuting officers where appropriate; (f) issue subpoenas, compel the appearance of witnesses and administer oaths to persons giving testimony at hearings; (g) adopt an official seal for the handling of its matters; (h) maintain and publish annually a list of the names, addresses, license or certification number and date of issuance, of persons who are licensed or certified to practice speech-language pathology or audiology; and (i) submit an annual report to the Governor and the Legislature that provides the number of licenses and certificates issued, denied, cancelled, and suspended. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

No person may practice audiology or speech-language pathology as an audiologist or a speech-language pathologist unless that person obtains a license in accordance with the provisions of this chapter. No person may practice as an audiology assistant or a speech-language pathology assistant unless that person obtains a certification in accordance with the provisions of this chapter. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

A person who desires to be licensed as a speech-language pathologist or audiologist or certified as a speech language pathology assistant or audiology assistant shall apply to the Board in writing on an application form prescribed by the Board. At the time of filing the application, an applicant for licensure or certification shall pay an application fee to the Board. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

Licensure To be eligible for license by the Board as a speech-language pathologist or audiologist, an applicant shall: (a) be at least 21 years of age; (b) be of good moral character; (c) hold a master's or doctoral degree in speech-language pathology or audiology from an accredited educational institution which incorporates the academic course work and the minimum hours of supervised clinical training required by the regulations adopted by the Board; (d) complete the period of supervised postgraduate professional practice in speech-language pathology or audiology, as the case may be, as specified by the regulations adopted by the Board; (e) pass an examination approved by the Board except that such examination may be waived by the Board for applicants who hold a current and valid certificate of clinical competence in speech-language pathology or audiology from the national certifying body for speech-language pathology and audiology. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

Qualification For Certification To be eligible for certification by the Board as a speech-language pathology assistant or audiology assistant, an applicant shall: (a) be at least 18 years of age; (b) be of good moral character; (c) hold a bachelor's degree in speech-language pathology or audiology from an accredited institution or other degree provided for in regulations adopted by the Board; (d) complete the clinical observation hours and supervised clinical assisting experience hours required by the regulations adopted by the Board; and (e) after a period of supervised practice by a licensed speech-language pathologist or audiologist, successfully complete a competency skills checklist as provided for in regulations adopted by the Board. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

(a) Applicants for licensure as a speech-language pathologist or an audiologist shall be examined at a time and place and under such supervision as the Board may determine. (b) At least two examinations for each discipline shall be held in each calendar year. The examinations shall be offered in English and Spanish. (c) The Board may examine in the theoretical or applied fields of speech-language pathology or audiology it considers appropriate and may examine with regard to a person's professional skills and judgment in the utilization of speech-language pathology or audiology techniques and methods. (d) The Board shall maintain a record of all examination scores and determine the passing scores for examinations. (e) An applicant who fails the examination shall be allowed to take the examination two additional times. Fourth and subsequent examinations shall be at the discretion of the Board. The Board shall adopt regulations that allows an applicant who fails an examination to: (1) request a review of his examination; (2) receive a score breakdown; and (3) request that his examination grade be reconsidered. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

The Board shall issue a license as a speech-language pathologist or audiologist or a certification as a speech-language pathology assistant or audiology assistant to each applicant who meets the requirements of this chapter. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

The license or certification of every person licensed or certified under the provisions of this chapter shall be renewed every two years in the licensee or certification holder's birth month. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

(a) The Board may grant a provisional license to an applicant who: (1) is licensed in good standing as a speech-language pathologist or an audiologist in another state that has licensing requirements that are substantially equivalent to the requirements of this chapter; (2) has passed a national or other examination recognized by the Board relating to speech-language pathology or audiology; and (3) is sponsored by a licensed speech-language pathologist or an audiologist with whom the provisional license holder may practice under this section. (b) A provisional license is valid for one year and may be renewed a maximum of four times. History: Added Dec. 31, 2024, No. 8969, § 1, Sess. L. 2024, p. -.

As used in this chapter, except where the context clearly indicates otherwise: (a) "Board" means the Virgin Islands Board of Psychology. (b) "Approved continuing education" includes research and training programs, college and university courses, in-service training programs, and seminars and conferences which are approved by the Board. (c) "Approved supervisor" means a person with a full, active license as a psychologist, or equivalent, as determined by the rules and regulations of the Board. The psychological services within the context of a professional relationship. In the case of individuals with legal guardians (including minors and legally incompetent adults), the legal guardian shall also be considered a client for decision making purposes. (e) "Practice of psychology" means the observation, description, evaluation, interpretation, and modification of human behavior by the application of psychological principles, methods, and procedures, for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, but is not limited to, psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning, counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy, diagnosis and treatment of mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct, as well as of the psychological aspects of physical illness, accident, injury, or disability, and psychoeducational evaluation, therapy, remediation, and consultation. Psychological services may be rendered to individuals, families, groups and the public. The practice of psychology shall be construed, within the meaning of this definition, irrespective of whether payment is received for services rendered. (f) "Licensed psychologist" means a person who has been issued and holds a license pursuant to the provisions of this chapter. The licensed psychologist may independently render those services defined with the practice of psychology. (g) "Psychological Associate" means an individual, licensed within the meaning of this chapter, who offers to render or renders professional psychological services such as interviewing or administering and interpreting tests of mental abilities, interest, aptitudes, and personality characteristics for such purposes as psychological evaluation, or for educational, vocational or personnel selection, guidance of placement. A psychological associate may engage in overall personality appraisal or classification, personality counseling or personality adjustment techniques. A psychological associate may only practice under supervision as defined in the rules and regulations adopted by the board. (h) "Associate Psychologist" means an individual who holds a license to engage in the practice of psychology in accordance with the provisions of section 169f(b) of this chapter. (i) "Psychology Professional" means an individual who is either a licensed psychologist, psychological associate or associate psychologist as provided under this chapter. (j) "Psychotherapy" means the treatment, diagnosis, testing, assessment, or counseling in a professional relationship to assist individuals or groups to alleviate mental disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors which interfere with effective emotional, social, or intellectual functioning. (k) "Referral" means evaluating and identifying needs of a client to determine the advisability of referral to other specialists, informing the client or patient of such judgment and communicating as requested or deemed appropriate to such referral sources. (l) "Research" means a systematic effort to collect, analyze, and interpret quantitative or qualitative data that describes how social characteristics and behavior, emotion, cognitions, and interpersonal transactions among individuals and organizations interact. (m) "Use of a title or description of" means to hold oneself out to the public as having a particular professional status, using signs, mailboxes, address plates, stationery, announcements, calling cards or other instruments of identification. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275.

(a) There is established the Board of Psychology Examiners which shall be composed of five members appointed by the Governor with the advice and consent of the Legislature. (b) The board is charged with the responsibility of examining, licensing, and regulating the profession of psychology as provided under this chapter. (c) Of the first board appointed under the provisions of this chapter, four shall be residents who are eligible for licensure under this chapter and one of the members shall be a resident of the Virgin Islands. (d) Licensed professional members may be appointed by the Governor from a list submitted to him by the Association of Virgin Islands Psychologists which is a nationally recognized association representing psychologists. (e) On or before two years after December 30, 1994, all members of the Board, with the exception of the resident member shall be licensed under this chapter. The resident member of the board shall be a member of the general public who: (1) is accessible to inquiries, comments and suggestions from the general public; (2) may not be or ever have been a licensed psychology professional or in training to be a licensed psychology professional; (3) may not have a household member or member of his immediate family who is a psychology professional; (4) may not participate or ever have participated in a commercial or professional field related to behavioral health or psychology; (5) may not have a household member or immediate family member who participated in a commercial or professional field related to psychology; and (6) may not have had within two years before appointment a substantial financial interest in a person regulated by the board. (f) Of the first Board members appointed, three shall be appointed for a term of two years and two for a term of three years. Their successors shall be appointed for terms of four years each, except that any person chosen to fill a vacancy shall be appointed only for the remaining term of the Board member to be succeeded. Upon the expiration of the term of office, a board member shall continue to serve until a successor has been appointed and qualified. (g) The Governor may remove a member of the board for neglect of duty, malfeasance, incompetence, misconduct, or conviction of a felony, provided, the procedures for such actions have been fully executed. Board members shall serve without compensation but may be reimbursed for the actual inter-island expenses incurred in the performance of official Board business as provided under Title 3, section 65 of this code. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275; amended Jan. 6, 2019, No. 8152, § 1(a) (8), Sess. L. 2018, p. 327.

(a) The Governor shall designate one board member to serve as the first chairperson. The second, and successive chairpersons shall be elected, from among its members, by the board along with a Vice- chairperson and a Secretary/Treasurer. The manner of election of officers, their duties, and their terms of office shall be as the board determines. (b) The board shall: (1) recommend to the Commissioner of Health the issuance, denial, suspension, revocation or reinstatement of licenses under this subchapter; (2) meet at least twice per year, but additional meetings may be held upon the call of the chairperson or any three members of the Board. The attendance of three members at an official board meeting shall be considered a quorum; (3) administer and enforce the provisions of this chapter; (4) examine and pass on the qualifications of all applicants for licenses under this chapter, and shall issue a license to each successful applicant, attesting to his professional qualifications to be a licensed psychology professional; (5) adopt a seal which shall be affixed to all licenses; (6) schedule and conduct examinations not less than once per year to determine qualifications of applicants after completion of appropriate educational requirements; (7) annually publish a registry of names and business addresses of persons who are licensed under this chapter; (8) maintain a registry of approved supervisors as defined by the board; (9) adopt a code of ethics that the board considers to be appropriate and applicable to the practice of psychology; (10) establish regulations for continuing education requirements for licenses; (11) review University of the Virgin Islands psychology curricula according to established and published standards, which prepare students for licensure pursuant to this chapter, and approve such schools of psychology which meet the requirements of this chapter and the board through its rules and regulations; (12) establish fees for applications for examination, issuance and renewal of licenses and other services provided by the board. Fees shall be set so as to defray the cost of administering the provisions of this chapter, including applications, examinations, enforcement and the cost of maintaining the board; (13) employ such other persons as may be necessary to carry out the work of the board and engage in fund-raising activities when necessary to support the ongoing functioning of the board; (14) establish an annual budget for the board's operation; (15) have the Attorney General represent the board in all legal matters; (16) maintain membership and active participation in the Association of State and Provincial Psychology Boards; (17) adopt rules and regulations as deemed necessary and proper to carry out the provisions of this chapter; (18) establish a Board of Psychology Fund bank account, in which all monies received by the Board in the form of fees and fines shall be deposited. Monies for the operation of its duties shall be disbursed by the Chairman or the Treasurer of the Board of Psychology. Accurate records of deposits and disbursements shall be kept by the Secretary/Treasurer of the board and shall be submitted annually for review and audit by the Office of Management and Budget; (19) make further rules and regulations to enable the board to operate and fulfill its statutory obligations which shall be consistent with this code; (20) conduct hearings upon complaints seeking discipline of a licensee or revocation of a license and investigations related to the compliance of this chapter. The board may also initiate hearings as provided in section 169i of this chapter; and (21) cause criminal prosecution of all persons violating this chapter. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275.

(a) Applications for licensure under this chapter shall be accompanied by satisfactory proof that the applicant: (1) is at least 21 years of age, is of good moral character, has not been convicted of a felony or a crime of moral turpitude and not addicted to alcohol or drugs; (2) submits an application on the appropriate form as prescribed by the board; (3) pays a fee as determined by the board; (4) produces certified transcripts verifying satisfactory completion of education course work and/or academic degrees as required in section 169d of this chapter; (5) has declared to the board and agrees to continue to declare areas of professional competence through a Statement of Professional Intent, describing the intended use of the license, the client populations with whom the applicant will work, the professional procedures the applicant plans to utilize, including the applicant's theoretical orientation and preferred intervention strategies; and (6) has validated the competencies declared in the Statement of Professional Intent as well as demonstrated knowledge of psychology by passing a written examination given by the board. (b) In any written examination, each applicant shall be kept anonymous by being given a number to maintain the confidentiality of his name until the examinations have been graded. (c) An applicant for licensure must pass the current form of the Examination for Professional Practice in Psychology (EPPP) provided by the Association of State and Provincial Psychology Boards and a local examination based on clinical experience, ethics, and theoretical knowledge related to psychology as practiced in the Virgin Islands. (d) The acceptable level of performance for both examinations shall be determined by the board and established in its rules and regulations and separate levels of performance for psychologists and psychological associates shall be established. (e) The board shall establish rules and regulations regarding re-examination of applicants who have previously failed the examinations. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 27.

(a) An applicant may be issued a license as a psychologist if that person: (1) has met the requirements as set forth in section 169c of this chapter; (2) has received a doctoral degree based on a planned and directed program of studies in psychology from an educational institution accredited by one of the regional accrediting bodies recognized and approved by the Council on Post-secondary Accreditation and the United States Department of Education and other educational requirements established by the board through its rules and regulations; (3) has demonstrated to the satisfaction of the board the successful completion of no less than two years of experience in a clinical psychology setting including a minimum of 3,000 hours in the practice of psychology defined in section 169 of this chapter. Of this total experience, 1500 hours should involve direct work with clients and should be appropriately supervised by an approved supervisor. A total of 1500 hours or one year of supervised professional practice may be pre-doctoral; (4) passes the examination requirement established by the board; (5) in the case of an applicant from an institution of higher education located outside the United States, which at the time the applicant was enrolled, and at the time the applicant graduated maintained a standard of training substantially equivalent to the standards of training of those institutions in the United States which are accredited by a regional accrediting body recognized by the Council on Post-secondary Accreditation or can demonstrate equivalent course work; or an institution of higher education located outside the United States, maintained a standard of training substantially equivalent to the standards of training of those institutions in the United States which are accredited by a regional accrediting body recognized by the Council on Post-secondary Accreditation. The education and training must have been received in an institution or program of higher education officially recognized by the government of the country in which it is located as an institution or program of higher education that trains students to practice as psychologists or psychotherapists. The burden of establishing that the requirements of the provision have been met shall be upon the applicant, and the board may require documentation, such as, but not limited to, an evaluation by a foreign equivalency determination service, as evidence that the applicant's graduate degree program and education were equivalent to an accredited program in the United States. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275.

A person may be issued a license as a psychological associate if that person: (1) has met the requirements established in section 169c of this chapter; (2) has received a Masters Degree in Psychology from an accredited institution which has been accredited by a regional accredited body recognized and approved by the Council on Post-secondary Accreditation and the United States Department of Education and any other educational requirements established by the Board through its rules and regulations; (3) has, subsequent to receiving such Masters Degree, at least three years or 4,500 hours of supervised post-masters practice as approved by the rules and regulations of the board; (4) passes the examination requirement as established by the board; and (5) in the case of an applicant from an institution of higher education located outside of the United States, has met the same standards as outlined in section 169d(5) of this title. The psychological associate shall only practice under supervision by an approved supervisor, and in accordance with the rules and regulations of the board. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275.

(a) During the first 12 months following the completion of the appointment of all the members, the Board shall issue a psychologist license without examination to (i) one has been a resident of the Virgin Islands for more than two (2) years upon the date of enactment, or (ii) an applicant licensed as a psychologist in another jurisdiction where the requirements for licensure are equivalent to or exceed the requirements of this territory, or (iii) a person who holds the minimum degree required as defined in section 169(d) of this title, and has a minimum of five years of active experience in the practice of psychology, and, meets the requirements of section 169c(1)-(5) of this chapter. (b) During the first 12 months following the completion of the seating all of the members the Board shall issue an Associate Psychologist license to practice independently and without examination to (i) one has been a resident of the Virgin Islands for more than two (2) years upon the date of enactment, or (ii) any applicant licensed as a psychological associate in another jurisdiction where the requirements for licensure are equivalent to or exceed the requirements of this territory; (iii) a person who holds the minimum degree as defined in section 169e(2) of this chapter and has a minimum of eight years of experience in the practice of psychology and meets the requirements of section 169c(1)-(5), of this chapter. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275.

(a) A minimum fee of $250.00 shall be paid by any person licensed under this chapter to the board for the original license. This fee shall be in addition to any examination fee set by the board. Licenses shall be valid for two years and must be renewed biannually. The fee for a license renewal shall be at least $250.00. Any application for renewal of a license after it has expired shall require payment of an additional late fee of $50.00. (b) All persons who are licensed under this chapter shall be required to submit at the time of renewal: (1) a license renewal fee, (2) evidence satisfactory to the board of the completion during the previous 24 months of relevant professional continuing education experiences, (3) and an updated Professional Disclosure Statement. The continuing education requirements of the board shall be mailed to all licensed professionals one year prior to the renewal date. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275.

and Denial of Licenses (a) Voluntary inactive status results when a licensee has applied to be placed on inactive status and has paid a $50.00 fee to the board for the license: (1) may be renewed biannually for $50.00; and (2) may be reactivated by submitting an application to the board, completing the continuing education requirements, complying with any background investigation required, complying with other requirements prescribed by the board, and paying a $50.00 reactivation fee plus the current biennial renewal fee at the time of reactivation; (b) Psychologists, psychological associates, associate psychologists, and anyone under the board's supervision shall conduct their professional activities in conformity with ethical and professional standards promulgated by the board under its rules and regulations. (c) The board shall have the power and duty to recommend to the Commissioner of Health to suspend, place on probation, or require remediation for any psychologist, psychological associate or associate psychologist for a specified time, to be determined at the discretion of the board, or to revoke any license of a psychology professional or to take any other action specified in the rules and regulations whenever the board shall find by a preponderance of the evidence that the psychologist, psychological associate, or associate psychologist has engaged in any of the following acts or offenses: (1) violation of ethical standards as established under the rules and regulations of the board to such an extent that it would render the person unfit to practice as a psychologist, psychological associate or associate psychologist; (2) use drugs or alcohol or both, to an extent that impairs the individual's ability to engage in the practice of professional psychology; (3) committing any act upon a client which is sexual battery or which would constitute sexual misconduct as defined and determined by the board; (4) use of fraud, deception, misrepresentation or bribery in securing any license issued under this chapter or in obtaining permission to take an examination given or required pursuant to the provisions of this chapter; (5) obtaining or attempting to obtain any fee, charge, tuition, or other compensation by fraud, deception or misrepresentation; (6) making misleading, deceptive, untrue, or fraudulent representations in the practice of persons licensed under this chapter; (7) violation of, assisting or enabling any individual to violate any provision of this chapter or any rule or regulation adopted under this chapter; (8) impersonation of any person holding a license or allowing any individual to use a license or diploma from any school to obtain licensure under this chapter; (9) revocation or suspension of a license or other authorization to practice psychology granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized by this chapter; (10) the individual is mentally impaired to an extent that impairs the individual's ability to engage in the practice of psychology; (11) assisting or enabling any person to hold oneself out to the public as a licensed psychologist, psychological associate, or associate psychologist who is not licensed under the provisions of this chapter; (12) the issuance of the license is based upon a material mistake of fact; (13) use of any advertisement or solicitation which is false, misleading, or deceptive to the general public or to the person to whom the advertisement is primarily directed; (14) paying a kickback, rebate, bonus or other remuneration for receiving a client, or receiving a kickback, rebate, bonus, or other remuneration for referring a client to another behavioral health or psychology professional or to a provider of health care services; (15) referring a client to oneself for services on a fee paid basis when those services are already being paid for by some other public or private entity, or entering into a reciprocal referral agreement; (16) failing to make available to a client, upon written request, copies of reports, or documents in the possession or under the control of the licensee which have been prepared for and paid for by the client; (17) failing to respond within 30 days to a written communication from the board concerning any investigation by the board, or failing to make available any relevant records with respect to any investigation about the licensee's conduct or background; (18) performing any treatment or prescribing any therapy which, by the prevailing standards of psychology, would constitute experimentation on human subjects, without first obtaining full, informed, and written consent; (19) failing to meet the minimum standards of performance in professional activities when measured against generally prevailing psychological techniques including the undertaking of activities for which the licensee is not qualified by training or experience; (20) conviction of a felony, provided that a copy of the record of conviction, certified by the clerk of the court entering the conviction shall be conclusive evidence; (21) conviction of any crime of moral turpitude or offense that reflects the inability of the practitioner to practice psychology with due regard for the health and safety of patients; (22) conviction of fraud in filing Medicare or Medicaid claims or in filing claims to any third party payer provided that a copy of the record of conviction, certified by the clerk of the court entering the conviction shall be conclusive evidence; (23) exercising undue influence in such a manner as to exploit a client, patient, student, or intern for financial or other personal advantage to the practitioner or a third party; (24) refusal to appear before the board after having been ordered to do so in writing by the chairman of the board. (d) The issuance of a license in the first instance may be revoked if the circumstances in subsection (c) of this section apply. (e) No license may be denied, suspended, or revoked under subsection (c) of this section without prior notice and opportunity for a hearing, except that the board may, without prior notice or hearing, temporarily suspend for up to one month the license of any person convicted of a crime as set forth in subsection (c) of this section. The burden of proof shall be on the board in any proceeding to suspend or revoke a license. No license may be denied, suspended, or revoked under this section except by a majority vote of the board. (f) Any person may file a complaint with the board seeking denial, suspension, or revocation of a license issued or to be issued by the board. Such complaint shall be in a form prescribed by the board and shall be verified under oath by the complainant. If the board determines that a complaint alleges facts which, if true, would require denial, revocation, or suspension of a license, it shall promptly institute a hearing. Whenever the Board is of the opinion that a complaint does not allege facts which warrant a hearing, the complaint may be dismissed. (g) A license may expire as a result of failure to comply with section 169g(a) of this chapter. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275; amended Jan. 6, 2019, No. 8152, § 1(a) (8), Sess. L. 2018, p. 327.

The board shall establish rules and regulations pertaining to hearings, investigations, disciplinary under this chapter. (1) The board shall conduct its proceedings in accordance with the provisions of this chapter. Any person may represent themselves before the board or be represented by an attorney. Every vote and official act of the board shall be entered into the official record. (2) The board shall have the power to administer oaths, hear testimony and receive evidence of matters within its jurisdiction, and require by subpoena the attendance and testimony of witnesses, and the production of all books, papers, and documents relating to any matter under investigation. A subpoena shall be issued by the board upon application by any party to a proceeding before the board and a showing of general relevance and reasonable scope. When a subpoenaed witness fails to appear, the board may apply to the Superior Court for an order requiring the person subpoenaed to appear before the board to testify and produce books, papers, or documents. (3) One or more board members or a hearing examiner appointed by the board shall preside at the hearings. (4) As a condition of probation the board may require the probationer to submit to care, counseling, or treatment by a professional designated by the board. The expense of such action shall be borne by the probationer. (5) The board may, at any time, modify the conditions of the probation, and may include among them any reasonable condition for the purpose of the protection of the public, or for the purpose of the rehabilitation of the probationer, or both. (6) The board shall have the power to require restitution when necessary. (7) The board shall have the power to assess the costs of the disciplinary proceedings against the psychologist, associate psychologist, or psychological associate. Costs may be assessed against a complainant, if the Board finds that the complaint is frivolous as defined by Title 5, section 541, subsection (c), Virgin Islands Code. (8) Any psychologist, psychological associate, associate psychologist or applicant for licensure under this chapter whose license to practice is denied, revoked, suspended or otherwise limited pursuant to this section or section 169b of this chapter, shall have the right to appeal the action of the board within thirty (30) days of the written decision to the Superior Court and the notice of appeal shall be simultaneously filed with the board. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275.

(a) In judicial proceedings, whether civil, criminal, or juvenile, in legislative and administrative proceedings, and in proceedings preliminary and ancillary thereto, a patient or client, or his guardian or personal representative may refuse to disclose or prevent the disclosure of confidential information, including information contained in administrative records, communicated to a psychologist, psychological associate or associate psychologist, licensed under this chapter, or a person otherwise authorized to practice within the behavioral health field under the laws of this jurisdiction, or to persons reasonably believed by the patient or client to be so licensed, and their agents, for the purpose of diagnosis, evaluation, or treatment of any mental or emotional condition or disorder. In the absence of evidence to the contrary, the psychologist is presumed authorized to claim the privilege on the patient's or client's behalf. (b) The privilege authorized under subsection (a) of this section shall not be claimed by the patient or client, or on his behalf by an authorized person, in the following circumstances: (1) where abuse or harmful neglect of children, the elderly, or disabled or incompetent individuals is known or reasonably suspected; (2) where the validity of a will of a former patient or client is contested; (3) where such information is necessary for the professional licensed under this chapter to defend himself against a malpractice action brought by the patient or client; (4) where an immediate threat of physical violence against a readily identifiable victim is disclosed to the psychologist; (5) in civil commitment proceedings, where an immediate threat of self inflicted damage is disclosed to the psychologist, associate psychologist, or psychological associate; (6) where the patient or client, by alleging mental or emotional damages in litigation, puts his mental state at issue; (7) where the patient or client is examined pursuant to a court order; or (8) in the context of investigations and hearings brought by the patient or client and conducted by the Board, where in violations of this subchapter are at issue. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275; amended Jan. 6, 2019, No. 8152, § 1(a) (8), Sess. L. 2018, p. 327.

(a) The Board shall issue a license to an applicant who holds a valid license as a psychology professional in another jurisdiction where the requirements for licensure are equivalent to or exceed the requirements of this territory and receive at least a passing grade on the local examination required under section 169c(a) (6) of this chapter. (b) The Board shall review the application of the applicants for licensure under the chapter from individuals who have earned a post-secondary degree from an educational institution outside the United States. The Board shall grant a license if it determines the applicant's experience and completed academic program meet the standards of an accredited educational institution within the United States and its territories and shall require that the applicant receive at least a passing grade on the local examination as provided in section 169c(a)(6) of this chapter. (c) A license issued pursuant to this chapter for the practice of psychology shall be issued for a period of two years. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275; -Amended Sept. 20, 2011, No. 7270, § 15, Sess. L. 2011, p. 136.

A member of the board, or any employee or agent of the board shall not be held subject to civil liability for any act performed in good faith and within the scope of the duties of the board. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275.

(1) Nothing in this chapter shall be construed to apply to the activities and services of qualified members of other professions, such as medical or chiropractic physicians, registered nurses, attorneys at law, or social workers performing counseling in a manner consistent with the scope of practice in their license, their training, and the code of ethics of their professions. However, such persons shall not represent themselves by use of any title stating or implying that they are a licensed psychologist, associate psychologist, or psychological associate. (2) Nothing in this chapter shall be construed to apply to the activities, services, and use of an official title on the part of a person employed as a psychologist, by an academic institution, a federal or territorial agency, public or private educational institution, or publicly or governmentally funded non-profit community agency recognized by the board, provided such persons are performing psychological or psychologically related activities within the scope of their employment and that they have a degree that meets the educational requirement of section 169d(a)(2) or (5) or section 169e(2) or (5). (3) Nothing in this chapter shall be construed to apply to the activities and services of a student, intern, or trainee pursuing a course of study in psychology in an accredited institution of higher education or training institution, if these activities are performed under supervision and constitute a part of the supervised course of study, provided that such a person be designated as an "intern," or "student". (4) Nothing in this chapter shall be construed to apply to the activities and services of a non-resident psychology professional rendered not more than thirty (30) days during any calendar year, provided, that such person is licensed to perform such activities and services under the laws of the state or territory of that person's residence. (5) Nothing in this chapter shall be construed to apply to activities and services of a rabbi, priest, minister, or clergy person of any religious denomination or sect, provided, such activities and services are within the scope of the performance of regular or specialized ministerial duties. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275.

(a) It shall be unlawful for any person to engage in any of the following acts: (1) to practice or offer to practice psychology in the United States Virgin Islands, to use any title, abbreviation, sign, care or device to indicate that such person is practicing psychology, to use any description of psychologist or psychological associate, associate psychologist, unless that person has been duly licensed or exempted under the provisions of this chapter; (2) materially refuses to furnish the board information or records required or requested pursuant to this chapter. (b) willfully engages in any unlawful act enumerated in this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each offense, and may be imprisoned for not more twelve (12) months. The third or any subsequent conviction for violation of this section during a thirty-six (36) month period shall constitute a felony. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275.

Any individual, or employer or such an individual, who is licensed under this chapter may not charge a client or receive remuneration for professional services unless, before the performance of those services, the client is furnished a copy of a Professional Disclosure Statement. The Professional Disclosure Statement shall be displayed in a conspicuous location at the place where the services are performed and a copy of the statement shall be provided to the client on request. The Professional Disclosure Statement shall contain: (1) the name, title, business address, and business telephone number of the psychology professional licensed performing the services; (2) the formal professional education of the licensed person including the institutions attended and the degrees received; (3) the professional person's theoretical orientation, areas of specialization, and the services provided; (4) in the case of a person licensed under this chapter, a person who is engaged in a private individual practice, partnership, or group practice, the person's fee schedule listed by type of service or hourly rate; (5) the following words shall appear at the bottom of the first page of the disclosure statement "This information is required by the Board of Psychology Examiners which regulates all licensed psychologists, associate psychologists, and psychological associates; (6) the name, address, and telephone numbers of the board shall appear immediately beneath the statement required by item (5) of this subsection; and (7) in the case of a licensed psychological associate, the name, title, business address, and business telephone number of the supervisor shall also appear on the Professional Disclosure Statement. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275.

The provisions of this chapter are severable. If any part of the chapter is declared invalid or unconstitutional, such a declaration shall not affect the parts which remain. History: Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275.

In order to promote the public health, safety, and welfare by safeguarding the people of this Territory against unqualified or incompetent practitioners of veterinary medicine, the Legislature of the Virgin Islands declares that the practice of veterinary medicine is a privilege conferred by legislative grant to persons having the personal and professional qualifications specified in this chapter. This chapter does not diminish the statutory authority as established under any sections of title 19, chapter 63 or 65 or title 14, chapter 7. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 29.

When used in this chapter, these words and phrases have the following meanings: (1) "Accredited college of veterinary medicine" means any veterinary college, school, or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and is accredited by the Council of Education of the American Veterinary Medical Association ("AVMA"). (2) "AVMA" means the American Veterinary Medical Association. (3) "AVMA accredited program in veterinary technology" means any postsecondary educational program that is accredited by the Committee on Veterinary Technician Education and Activities of the AVMA. (4) "American Veterinary Medical Association Accredited Program in Veterinary Technology" means any postsecondary educational program that has fulfilled the essential criteria established by the Committee on Veterinary Technician Education and Activities and approved by the AMVA House of Delegates. (5) "Animal" means any living organism, other than human, having sensation and the power of voluntary movement and requiring for its existence oxygen and organic nutrients. (6) "Board" means the Virgin Islands Board of Veterinary Medicine. (7) "Client" means the patient's owner, owner's agent, or other person responsible for the patient. (8) "Commissioner" means the Commissioner of the Virgin Islands Department of Health. (9) "Consultation" means when a licensed veterinarian receives advice in person, telephonically, or electronically, or by any other method of communication from a veterinarian licensed in this or any other jurisdiction or other person whose expertise, in the opinion of the licensed veterinarian, would benefit the patient. The licensed veterinarian receiving consultation maintains the veterinarian-client-patient- relationship. (10) "Credentialed veterinary technician or technologist" means a veterinary technician or veterinary technologist who is currently registered, certified, or licensed by the Board. (11) "ECFVG® certificate" means the certificate issued by the Educational Commission for Foreign Veterinary Graduates® of the AVMA indicating that the holder has demonstrated knowledge and skills equivalent to those possessed by a graduate of an accredited college of veterinary medicine. (12) "Examination" means a qualifying, territorial licensure test as defined by the regulations governing the practice of veterinary medicine in the Virgin Islands. (13) "Impaired" means a licensed veterinarian or credentialed veterinary technician who is unable to perform veterinary medicine with reasonable skill and safety because of a physical or mental disability as evidenced by a written determination from a competent authority or written consent based on clinical evidence, including deterioration of mental capacity, loss of motor skills, or abuse of drugs or alcohol of sufficient degree to diminish the person's ability to deliver competent patient care. (14) "Licensed veterinarian" means a person who is currently licensed to practice veterinary medicine in the Virgin Islands. (15) "Owner consent" means the veterinarian has informed the client, in a manner that would be understood by a reasonable person, of the diagnostic and treatment options, risk assessment, and prognosis and has provided the client with an estimate of the fees expected for the provision of veterinary services, and the client has consented to the recommended treatment. (16) "Patient" means an animal or group of animals examined or treated by a veterinarian. (17) "Person" means any individual; firm; partnership - general, limited, or limited liability; association; joint venture; cooperative; corporation; limited liability company; or any other group or combination acting in concert; and whether or not acting as a principal, partner, member, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person. (18) "Practice of veterinary medicine" means: (A) To diagnose, prognose, treat, correct, change, alleviate, or prevent animal disease, illness, pain, deformity, defect, injury, or other physical, dental, or mental conditions by any method or mode; including the: (i) performance of any medical or surgical procedure; or (ii) prescription, dispensing, administration, or application of any drug, medicine, biologic, apparatus, anesthetic, or other therapeutic or diagnostic substance; or (iii) use of complementary, alternative, and integrative therapies; or (iv) use of any procedure for reproductive management, including but not limited to the diagnosis or treatment of pregnancy, fertility, sterility, or infertility; or (v) determination of the health, fitness, or soundness of an animal; or (vi) rendering of advice or recommendation by any means, including telephonic and other electronic communications with regard to any of the above. (B) To represent, directly or indirectly, publicly or privately, an ability and willingness to do an act described in subparagraph (A). (C) To use any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that the person using them is qualified to do any act described in subparagraph (A). (19) "Practice of veterinary technology" means: (A) To perform patient care or other services that require a technical understanding of veterinary medicine on the basis of written or oral instruction of a veterinarian, excluding diagnosing, prognosing, performing surgery, or prescribing. (B) To represent, directly or indirectly, publicly or privately, an ability and willingness to do an act described in subparagraph (A). (C) To use any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that the person using them is qualified to do any act described in subparagraph (A). (20) "Supervision" includes direct and indirect supervision: (A) "Direct supervision" means a licensed veterinarian is readily available on the premises where the patient is being treated and has assumed responsibility for the veterinary care given to the patient by a person working under a licensed veterinarian's direction. (B) "Indirect supervision" means that a licensed veterinarian is not necessarily on the premises, but has given either written or oral instructions for treatment of the patient and is readily available by telephone or other forms of immediate communication and has assumed responsibility for the veterinary care given to the patient by a person working under the licensed veterinarian's direction. (21) "Veterinarian," means a person who has received a doctor's degree in veterinary medicine from an accredited school of veterinary medicine and licensed under this chapter. (22) "Veterinarian-client-patient relationship" means that all of the following are required: (A) The veterinarian has assumed the responsibility for making medical judgments regarding the health of the patient and the client has agreed to follow the veterinarian's instructions; (B) The veterinarian has sufficient knowledge of the patient to initiate at least a general or preliminary diagnosis of the medical condition of the patient. This means that the veterinarian is personally acquainted with the keeping of the patient by a timely examination of the patient or by medically appropriate and timely visits by the veterinarian to the premises where the patient is managed; (C) The veterinarian is readily available for follow-up evaluation or has arranged for veterinary emergency coverage and continued care and treatment; (D) The veterinarian provides oversight of treatment, compliance and outcome; and (E) Patient records are maintained. (23) "Veterinary assistant" means an employee of a licensed veterinarian who has not received a degree in veterinary technology from an accredited program, or has received a degree in veterinary technology from an accredited program, but is not licensed in the Virgin Islands. (24) "Veterinary license" or "license" means a license to practice veterinary medicine issued by the Board. (25) "Veterinary medicine" means the branch of medicine that deals with the causes, diagnosis, and treatment of diseases and injuries of animals, and includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine. (26) "Veterinary prescription drug" means a drug that may not be dispensed without the prescription of a veterinarian and that bears the label statement: "CAUTION: Federal law restricts this drug to use by or on the order of a licensed veterinarian." (27) "Veterinary specialist" means a veterinarian who has been awarded and maintains certification from an AVMA-recognized veterinary specialty organization. (28) "Veterinary technician" means a graduate of a two or three-year accredited program in veterinary technology. (29) "Veterinary technologist" means a graduate of a four-year accredited program in veterinary technology. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 29-33.

(a) A person is regarded as practicing veterinary medicine within the meaning of this chapter who represents himself, directly or indirectly, publicly or privately, as a veterinary doctor or uses any title, words, abbreviation or letters in a manner or under circumstances that may reasonably induce the belief that the person using them is qualified to practice veterinary medicine. (b) A person is considered to be practicing veterinary medicine if the person performs the diagnosis, treatment, correction, change, relief or prevention of animal disease, deformity, defect, injury, or other physical or mental conditions; including the performance of surgery or dentistry, the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique, and the use of any manual or mechanical procedure for embryo transfer, for testing for pregnancy, or for correcting sterility or infertility, or to render advice or recommendation with regard to any of the activities described in this subsection. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 33.

(a) No person may practice veterinary medicine in the Virgin Islands except within the context of a veterinarian-client-patient relationship. (b) A veterinarian-client-patient relationship may not be established solely by telephonic or other electronic means. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 33.

(a) This chapter may not be construed to prohibit: (1) A federal or local government employee from performing the employee's official duties. (2) A student who is enrolled in: (A) an accredited college of veterinary medicine from performing duties or actions assigned by instructors or working under the direct supervision of a licensed veterinarian, or (B) an accredited program of veterinary technology from performing duties or actions other than diagnosis, prognosis, prescription, or surgery, as assigned by instructors or working under the direct supervision of a licensed veterinarian. (3) A person from advising the Board with respect to, or performing acts that the Board has designated by rule as accepted livestock management practices. (4) Any person from providing consultation to a licensed veterinarian in the Territory on the care and management of a patient. (5) A licensed individual of a licensed or regulated profession in the Virgin Islands from providing assistance when requested by a veterinarian licensed in the Virgin Islands, acting with owner consent from the client, and acting under the supervision of the licensed veterinarian. The licensed veterinarian maintains responsibility for the veterinarian-client-patient relationship. (6) A veterinarian employed by an accredited college of veterinary medicine from providing assistance when requested by a veterinarian licensed in the Virgin Islands, acting with owner consent from the client, and acting under the direct or indirect supervision of the licensed veterinarian. The licensed veterinarian maintains responsibility for the veterinarian-client-patient relationship. (7) A pharmacist, merchant, or manufacturer from selling at his regular place of business medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases as permitted by law. (8) A person from lawfully engaging in the art or profession of farriery. (9) Subject to the Virgin Islands animal cruelty laws, 14 V.I.C., chapter 7, an owner of an animal and any of the owner's regular employees from caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for purposes of circumventing this chapter. Individuals shall comply with all laws and regulations relative to the use of medicines and biologics. (10) A person from providing training for animals that does not include diagnosing or the prescribing or dispensing of any therapeutic agent. (11) An instructor at an accredited college of veterinary medicine or accredited program in veterinary technology from performing his regular functions or a person from lecturing or giving instructions or demonstrations at an accredited college of veterinary medicine or accredited program in veterinary technology or in connection with a veterinary or veterinary technology continuing education course or seminar. (12) A person from selling or applying pesticides, insecticides, or herbicides as permitted by law. (13) A credentialed veterinary technician, veterinary technologist, or other employee of a licensed veterinarian from performing lawful duties under the direction and supervision of such veterinarian who is responsible for the performance of the employee. (14) A veterinarian licensed or a veterinary technician credentialed in any other state, commonwealth, district, territory or possession of the United States, or foreign country from practicing in the Virgin Islands during an emergency or natural disaster within the scope and location of assigned veterinary medical duties of the response efforts without written examination or other qualification if: (A) an official declaration of the disaster or emergency has been made by the Governor; and (B) an official invitation has been extended to the veterinarian or veterinary technician for a specified time by the authority that has jurisdiction for coordinating the animal/agricultural issues in the Virgin Islands during emergencies. (15) A person who, without expectation of compensation, from providing immediate veterinary care in the event of an emergency or accident situation. (16) A person from acting under the direct or indirect supervision of a licensed veterinarian to provide care to animals that are the property of an animal shelter when the four following conditions are met: (A) The person is an employee of an animal shelter or its associated agencies; (B) The person is performing tasks in compliance with a written protocol developed in consultation with a licensed veterinarian; and (C) The person has received proper training. (D) These persons are not allowed to diagnose, prescribe or perform surgery. (17) A person from lawfully providing care and rehabilitation of wildlife species under the supervision of a licensed veterinarian; and (18) Veterinarians providing free care in underserved areas of the Virgin Islands who: (A) do not regularly practice veterinary medicine in the Virgin Islands; (B) hold a current, valid license or certificate to practice veterinary medicine in another state, commonwealth, territory, district or possession of the United States; (C) volunteer to provide free care in an underserved area of the Virgin Islands under the auspices of a publicly supported, all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people; (D) file required license documentation issued in such other jurisdiction with the Board; (E) notify the Board at least five business days prior to the voluntary provision of services of the dates and location of such service; and (F) acknowledge, in writing, that such licensure exemption is only valid, in compliance with the Board's regulations, during the limited period that such free health care is made available through the volunteer, nonprofit organization on the dates and at the location filed with the Board. (b) The Board may deny the right to practice in the Virgin Islands to any veterinarian whose license has been previously suspended or revoked, who has been convicted of a felony or who is otherwise found to be in violation of applicable laws or regulations. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 33-36.

(a) In order to accurately inform the public of the levels of service offered, a veterinary practice facility must use in its name one of the descriptive terms defined in subsection (b) of this section. The name of a veterinary practice facility must, at all times, accurately reflect the level of service being offered to the public. If a veterinary facility or practice offers on-call emergency service, that service must be as that term is defined in subsection (b) of this section. (b) The following definitions are applicable to this chapter: (1) "Animal health center" or "animal medical center" means a veterinary practice facility in which consultative, clinical, and hospital services are rendered and in which a large staff of basic and applied veterinary scientists perform significant research and conduct advanced professional educational programs. (2) "Emergency facility" means a veterinary medical facility whose primary function is the receiving, treatment, and monitoring of emergency patients during its specified hours of operation. At these facilities, a veterinarian is in attendance at all hours of operation, and sufficient staff is available to provide timely and appropriate emergency care. An emergency facility may be an independent veterinary medical after-hours facility, an independent veterinary medical 24-hour facility, or part of a full-service hospital or large teaching institution. (3) "Mobile facility" means a veterinary practice conducted from a vehicle with special medical or surgical facilities or from a vehicle suitable only for making house or farm calls; provided, the veterinary medical practice must have a permanent base of operation with a published address and telephone facilities for making appointments or responding to emergency situations. (4) "Office" means a veterinary practice facility where a limited or consultative practice is conducted and which provides no facilities for the housing of patients. (5) "On-call emergency service" means a veterinary medical service at a practice facility, including a mobile facility, where veterinarians and staff are not on the premises during all hours of operation or where veterinarians leave after a patient is treated. A veterinarian must be available to be reached by telephone for after-hours emergencies. (6) "Veterinary clinic" or "animal clinic" means a veterinary practice facility in which the practice conducted is essentially an outpatient practice. (7) "Veterinary hospital" or "animal hospital" means a veterinary practice facility in which the practice conducted includes the confinement as well as the treatment of patients. (c) If a veterinary practice facility uses as its name the name of the veterinarian or veterinarians owning or operating the facility, the name of the veterinary practice facility must also include a descriptive term from those listed in subsection (b) to disclose the level of service being offered. (d) Facilities existing and approved by the Board, as of the date of the passage of this section, may continue to use their approved name or designation until there is a partial or total change of ownership of the facility, at which time the name of the veterinary practice facility must be changed, as necessary, to comply with this section. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 36, 37.

Membership, Organization (a) In order to properly regulate the practice of veterinary medicine, there is established a Board within the Department of Health to be known as the Virgin Islands Board of Veterinary Medicine. (b) The Board consists of seven members appointed by the Governor for terms of three years. (1) Four members, two residents from the district of St. Thomas/St. John and two residents from the district of St. Croix, must be licensed to practice veterinary medicine in the Virgin Islands, in good standing, actively engaged in the practice of veterinary medicine, and have at least one year of experience in the practice of veterinary medicine within the Virgin Islands. (2) One member must be a credentialed veterinary technician or technologist who is not employed by a veterinarian on the Board. (3) Two members who are at least twenty-one years of age and who are not and have ever been a veterinarian or the spouse of a veterinarian, or who have never had any material financial interest in the provision of veterinarian services or who have never engaged in any activity directly related to the practice of veterinary medicine. (4) All non-veterinarians appointed to the Board must have been residents of the Virgin Islands for at least six months immediately preceding appointment. (c) Each member is appointed for a term of three years or until a successor is appointed, except that the terms of the first appointees may be for shorter periods to permit a staggering of terms. Members of the predecessor board, Board of Examiners for the Practice of Veterinary Medicine, may continue as members of the Virgin Islands Board of Veterinary Medicine until the expiration of the term for which they were appointed. (d) Vacancies due to death, resignation, or removal must be filled for the remainder of the unexpired term in the same manner as regular appointments. Not more than 30 days after a vacancy, the Board shall nominate two qualified persons to the Governor to fill each vacancy. The Governor is not bound to make an appointment from the nominees submitted by the Board. (e) No person who has been appointed to the Board shall continue his membership on the Board if during the term he: (1) transfers legal residence outside of the Virgin Islands; or (2) owns or is employed by any wholesale business dealing in supplies, equipment, or instruments used or useful in the practice of veterinary medicine; or (3) has had his license to practice veterinary medicine revoked for any of the causes listed in § 189 of this chapter. (f) The Board shall elect officers annually from its membership as may be prescribed by regulations. Officers of the Board serve for terms of one year and until a successor is elected, without limitation on the number of terms an officer may serve. The duties of officers shall be prescribed by regulations. (g) The Governor may remove an appointee for the reasons specified in subsection (f) or for any good cause shown and may appoint members to fill the unexpired terms. (h) A Board member shall be reimbursed pursuant to 3 V.I.C. § 65 and for expenses incurred for activities related to the business of the Board, subject to approval by the Commissioner. (i) At the end of each fiscal year, the Commissioner of Health shall submit to the Governor the annual report of the transactions of the Board. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 37-39.

The Board shall meet at least quarterly each year at the time and place fixed by rules of the Board. Other necessary meetings may be called by the Board by giving notice as may be required by its rules. Except as may otherwise be provided, a majority of the Board constitutes a quorum to transact business, except that the vote of five members is required for suspension or revocation of a license. Meetings must be open and public, except that the Board may meet in closed session to prepare, approve, administer, or grade examinations or to deliberate the qualifications of an applicant for license or the disposition of a proceeding to discipline a licensed veterinarian, veterinary technician or technologist. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 39.

(a) The Board shall: (1) Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine in the Virgin Islands. (2) Adopt, promulgate, and enforce regulations relating to specific duties and responsibilities; certification, registration, or licensure; and other matters pertaining to veterinarians, veterinary technicians, veterinary technologists, or non-licensed persons consistent with the provisions of this act. (3) Issue, renew, deny, limit, suspend, or revoke licenses and temporary permits to practice veterinary medicine in the Virgin Islands; and discipline veterinarians, veterinarian technicians or veterinary technologists consistent with the provisions of this chapter and the regulations adopted pursuant to this act. (4) Conduct investigations of suspected violations of this chapter to determine whether there are sufficient grounds to initiate disciplinary proceedings. (5) Inspect veterinary premises and equipment, including practice vehicles, at any time in accordance with protocols established by regulation. (6) Initiate disciplinary proceedings and hold hearings on all matters properly brought before the Board and in connection thereto to administer oaths, receive evidence, make necessary determinations, and enter orders consistent with the findings. The Board may commission depositions and require by subpoena the attendance and testimony of witnesses and the production of papers, records, or other documentary evidence. The Board may designate one or more of its members to serve as its hearing officer. (7) Bring proceedings to the Commissioner for the enforcement of this chapter or any regulations promulgated pursuant to this chapter. (8) Bring proceedings in the courts against any person for the enforcement of this chapter or any regulations promulgated pursuant to this chapter. (9) Upon the approval of the Commissioner, employ full-time or part-time personnel - professional, clerical, or special - necessary to effectuate the provisions of this chapter, and purchase or rent necessary office space, equipment, and supplies. (10) Appoint from its own membership one or more members to act as representatives of the Board at any meeting within or without the Virgin Islands where such representation is desirable. (11) Adopt, amend, or repeal all rules necessary for its governance and all regulations necessary to carry into effect the provisions of this chapter, including the establishment and publication of standards of practice and professional conduct for the practice of veterinary medicine. (12) Establish and publish annually a schedule of fees for licensing and registration of veterinarians. (b) The powers enumerated in subsection (a) are granted for the purpose of enabling the Board to effectively supervise the practice of veterinary medicine and veterinary technology and are to be construed liberally to accomplish this objective. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 39, 40.

(a) In addition to the general powers set forth in § 179, the Board shall: (1) Fix minimum standards for continuing veterinary medical education for veterinarians and technicians, which shall be a condition precedent to the renewal of a veterinary license, limited license, veterinary faculty certificate, or veterinary technician registration, respectively; (2) Inspect any hospitals, clinics, mobile units or other facilities used by any practicing veterinarian, either by a member of the Board or its authorized representatives, for the purpose of reporting the results of the inspection to the Board on a form prescribed by the Board and seeking disciplinary action for violations of health, sanitary, and medical waste disposal rules of the Board, affecting the practice of veterinary medicine, or violations of regulation or laws of any territorial or federal department or agency having jurisdiction in these areas of health, sanitation, and medical waste disposal that relate to or affect the practice of veterinary medicine; (3) Upon complaint or information received by the Board, prohibit through summary emergency order of the Board, prior to a hearing, the operation of any veterinary practice facility that the Board determines is endangering, or may endanger, the public health or safety or the welfare and safety of animals, and suspend the license of the veterinarian operating the veterinary practice facility, provided that upon the issuance of any summary emergency order, the Board shall initiate, within ten days, a notice of hearing under the administrative rules issued pursuant to this chapter; (4) Provide special registration for veterinary technicians and adopt regulations concerning the training, registration and service limits of such assistants while employed by and acting under the supervision and responsibility of veterinarians. The Board has exclusive jurisdiction in determining eligibility and qualification requirements for these assistants. Renewals of registrations for veterinary technicians are required at least every twenty-four months, provided that the certificate of registration for the veterinary technician is otherwise eligible for renewal; (5) Provide, pursuant to regulations, requirements for the inactive status of license and limited veterinary licenses; and (6) Pursuant to regulations, to assess and recover against persons holding licenses, limited licenses, temporary permits or any certificates issued by the Board, costs reasonably incurred by the Board in the investigation, prosecution, hearing, or other administrative action of the Board in final decisions or orders where those persons are found to have violated the Veterinary Practice Act or regulations of the Board issued pursuant to the chapter. (b) All costs recovered is property of the Board. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 40, 41.

No person is allowed to practice veterinary medicine or practice as a veterinary technician in the Virgin Islands unless that person has been licensed by the Board. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 41.

(a) A person desiring a license to practice veterinary medicine in the Virgin Islands must make written application to the Board. (b) By way of application, an applicant must establish that he is a graduate of an AVMA-accredited or approved college of veterinary medicine or the holder of an equivalent certificate as defined in the regulations governing the practice of veterinary medicine in the Virgin Islands; a person of good moral character; and provided other information and proof as may be provided for by regulations. (c) The application must be accompanied by a fee established and published by the Board. (d) If necessary, the applicant must submit with the application proof of professional veterinary malpractice insurance. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 41, 42.

(a) The Board shall administer or cause to be administered at least two examinations annually and may hold such additional examinations as are necessary to avoid delay in issuing licenses to qualified applicants. The Board shall give public notice of the time and place for each examination not less than 90 days prior to the date of the examination. A person desiring to take an examination shall make application not less than 30 days before the date of the examination. (b) The Board may employ, cooperate, and contract with any organization or consultant in the preparation, administration and grading of the examination. (c) After each examination, the Board shall notify each examinee of the result of the examination. The Board shall issue licenses to the persons successfully completing the requirements for licensure. (d) Notwithstanding this section, the Board shall waive the requirement that a veterinarian pass an examination if the Board is unable to provide an examination as provided in this section or for a veterinarian who: (1) has submitted a complete application; (2) holds a license issued by another state, district, commonwealth, territory or possession of the United States; (3) is in good standing; (4) shows that he is a person of good moral character; (5) has actively practiced clinical veterinary medicine for 3,000 hours during the five years preceding the application for licensure; and (6) submits an affidavit that states substantially the following: "I __________ am not addicted to the intemperate use of alcohol, illicit drugs, any prescription medications, including controlled substances or any mind altering substances that may alter or impair my judgment and ability to carry out the duties of the profession." History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 42.

(a) The Board shall issue a temporary permit to practice veterinary medicine: (1) To a qualified applicant pending examination, provided that the temporary permit expires upon applicant's failure to pass the examination; (2) To a nonresident veterinarian validly licensed in another state, commonwealth, district, territory, or possession of the United States, provided that the temporary permit is issued for a period of no more than 60 days; or (3) In the case of need for disaster emergency relief as declared by the Governor. (b) Temporary permits, as provided in (a)(1), (2) and (3), may contain restrictions as to time, place, or supervision that the Board considers appropriate. The Board shall notify the Commissioner of Health of all temporary permits issued and the restrictions, if any. (c) The Board may promulgate such regulations as may be necessary to carry out the provisions of this section, including regulations addressing renewal, duration, termination, and fees for temporary permits. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 43.

(a) A license expires two years after its issuance, but may be renewed by application to the Board and payment of the renewal fee as established and published by the Board. (b) The Board shall establish the continuing education requirements that must be met for license renewal. The Board shall also publish the types of continuing education that meets its requirements. The Department of Health shall maintain a record of all continuing education credits submitted by licensees and report the credits earned by each licensee to the Board. (c) The Board shall issue a new license to all persons registering under this chapter. Failure to apply for a renewal license later than 30 days after expiration of a license results in the automatic revocation of the license, and any person who practices veterinary medicine after revocation is practicing in violation of this chapter. (d) Any person may renew an expired license at any time not later than three years following the license's expiration upon application and compliance with the Board's requirements and the payment of all applicable fees allowed by this chapter or by regulations promulgated by the Board, but the applicant must be otherwise eligible to have the license renewed. (e) As provided by Board regulations, the Board may, after giving due consideration to the protection of the public, waive examination if that renewal application is received, together with all fees by Board rule as may apply, not later than three years from the date of the expiration, provided that the applicant has complied with the continuing education requirements. (f) A licensed veterinarian may place his or her license on inactive status by written notification to the Board. The Board shall issue a renewal license upon written request and payment of all applicable fees and if the qualifications set forth in § 182 are met. (g) The Board may waive the payment of the license renewal fee of a licensed veterinarian during the period when he is on active duty with any branch of the armed services of the United States, not to exceed the longer of three years or the duration of a national emergency. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 43, 44.

The Board shall adopt regulations that provide for continuing education requirements for re-licensure and licensure by endorsement of veterinarians, veterinary technicians, and veterinary technologists. Upon the passage of this chapter, a veterinarian is required to complete a minimum of 15 hours of approved continuing education annually, and veterinary technicians and veterinary technologists are required to complete a minimum of six hours of approved continuing education annually as a condition for renewal of a license. The Commissioner must approve education courses. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 44.

(a) No person shall assist in the practice of veterinary medicine under the direction, supervision and responsibility of a veterinarian as a veterinary technician, or veterinary technologists without first applying for and obtaining a certificate of qualification as a veterinary technician or veterinary technologist from the Board and registering his employment in accordance with Board regulations. (b) A veterinary technician or veterinary technologist may perform only those acts and duties assigned to him by a supervising veterinarian that are within the scope of practice of the supervising veterinarian, but those acts may not include the diagnosis, prescribing of medication, treatment or surgery in the practice of animal husbandry. (c) An applicant applying for a certificate of qualification as a veterinary technician or veterinary technologist in the Virgin Islands may make written application to the Board showing that the applicant is a person of moral integrity and acceptable ethical standards. (d) The application for certification as a veterinary technician or veterinary technologist must be written, signed by the applicant, include a non-refundable application fee, and submitted to the Board not later than 30 days before the examination and must also include, but is not limited to, the following: (1) a current photograph of the applicant; (2) a copy of the diploma or its equivalent from a college-level program accredited by the American Veterinary Medical Association; (3) the National Board Examinations passing score provided by the national testing agency; and (4) a notarized letter of recommendation from by a licensed veterinarian. (e) Each certified veterinary technician must annually register his employment with the Board, providing his name, current address, the name and office address of both his employer and the supervising licensed veterinarian and veterinary technologist, and additional information the Board considers necessary. Upon any change of employment, the registration is automatically suspended until written notification to the Board that new employment has been obtained. (f) Nothing in this section prevents a veterinarian from using the services of an employee to perform services not requiring the skill and judgment of a veterinary technician or veterinary technologist, and the services are performed under the direct personal supervision of the veterinarian. The employee may not be identified as a veterinary technician or veterinary technologist, animal technician or technician, or animal technologist or technologist. (g) A licensed veterinarian may not establish a separate office or clinic in a location other than his regular office and place that separate office or clinic under the control or supervision of a veterinary technician or veterinary technologist. (h) After obtaining a degree from an accredited program in veterinary technology, and upon completing the application for certification in the Virgin Islands, an applicant will be issued a certificate of qualification. (i) Every veterinarian using, supervising, or employing a registered veterinary technician or veterinary technologist, is individually responsible and liable for the acts and omissions for duties to the veterinary technician or veterinary technologist. Nothing in this subsection may be construed to relieve the veterinary technician or veterinary technologist of any responsibility and liability of any of his or her own acts or omissions. (j) A veterinary technician or veterinary technologist who performs veterinary technology contrary to this chapter is subject to disciplinary actions in a manner consistent with the provisions of this chapter applicable to veterinarians. (k) To renew their license, veterinary technicians and veterinary technologists are required to complete continuing education as prescribed in this act or by regulations. (l) No person licensed as a veterinary technician may perform surgery, diagnose or prescribe medication for any animal. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 44-46.

Suspension, Or Revocation of Certificate Or License (a) The Board may deny or suspend any registration or deny or revoke any certificate of qualification upon a finding that the applicant or veterinary technician or veterinary technologist: (1) solicited patients for any practitioner of the veterinary healing arts; (2) solicited or received any form of compensation from any person other than the person's registered employer for performing as a veterinary technician or veterinary technologist; (3) willfully or negligently divulged a professional secret or discussing a veterinarian's diagnosis or treatment without the express permission of the veterinarian; (4) was convicted of any offense punishable by incarceration in a territorial, state or federal prison. A copy of the record of conviction, certified by the clerk of the court entering the conviction, is conclusive evidence; (5) is unable to practice as a veterinary technician or veterinary technologist with reasonable skill and safety to patients because of illness or the use of drugs, alcohol, narcotics, or other chemicals, or as a result of any mental or physical condition; (6) committed fraud or made a misrepresentation in applying for or procuring a certificate of qualification to perform as a veterinary technician or veterinary technologist in the Virgin Islands, or in applying for or procuring a bi-annual registration; (7) impersonated another person registered as a veterinary technician or veterinary technologist, or allowing any person to use his certificate of qualification or registration; (8) aided and abetted the practice of veterinary medicine by a person not licensed by the Board; (9) committed gross negligence in the performance of duties, tasks or functions assigned to him by a licensed veterinarian; (10) manifested incapacity or incompetence to perform as a veterinary technician or veterinary technologist; or (11) engaged in conduct unbecoming a person registered as a veterinary technician or veterinary technologist or detrimental to the best interests of the public. (b) A person whose certificate of qualification was suspended or revoked may be recertified or reinstated at any time upon written application to the Board showing cause to justify recertification or reinstatement. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 46, 47.

(a) Upon receipt of a written, sworn complaint, the Board may, after a fair hearing and by a majority vote, revoke or suspend a license pursuant to this chapter, or may otherwise discipline a person licensed under this chapter, or may deny a license for any of the following reasons: (1) the use of fraud, misrepresentation, or deception in obtaining a license; (2) an adjudication of insanity or incompetence; (3) the impairment of a person holding a license issued by the Board, when the impairment is caused by that person's use of alcohol, drugs, or controlled substances, and the impairment interferes with that person's ability to practice within the scope of the license with reasonable skill and safety and in a manner not harmful to the public or to animals under the person's care; (4) the use of advertising or solicitation which is false, misleading or deceptive; (5) conviction of a felony or other public offense involving moral turpitude; (6) incompetence, gross negligence, or other malpractice in the practice of veterinary medicine; (7) having professional association with or knowingly employing any person practicing veterinary medicine unlawfully; (8) fraud or dishonesty in the application or reporting of any test for disease in animals; (9) failure to keep veterinary premises and equipment in a clean and sanitary condition, violating an administrative rule of the Board concerning the minimum sanitary requirements of veterinary hospitals, veterinary clinics, or other practice facilities, or violating other territorial, state or federal statutes, rules, or regulations concerning the disposal of medical waste; (10) failure to report, as required by the laws and regulations of the Virgin Islands, or making false a report of, any contagious or infectious disease; (11) dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates; (12) conviction of a criminal offense involving cruelty to animals or the act of cruelty to animals; (13) revocation of a license to practice veterinary medicine by another state, territory or district of the United States, or foreign country only if the grounds for revocation in the other jurisdiction would also result in revocation of the practitioner's license in the Virgin Islands; (14) unprofessional conduct as defined in regulations adopted by the Board; (15) conviction of a federal or territorial criminal offense involving the illegal use, prescription, sale, or handling of controlled substances, other drugs, or medicines; (16) the illegal use, dispensing, prescription, sale, or handling of controlled substances or other drugs and medicines; (17) failure to comply with regulations of the United States Food and Drug Administration regarding biologics, controlled substances, drugs, or medicines; (18) selling, dispensing, prescribing, or allowing the sale, dispensing, or prescription of biologics, controlled substances, drugs, or medicines without a veterinarian-client-patient relationship with respect to the sale, dispensing, or prescription; or (19) acts or behavior constituting fraud, dishonesty, or misrepresentation in dealing with the Board or in the veterinarian-client-patient relationship. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 47, 48.

On written application made to the Board showing cause justifying relicensing or reinstatement, a person whose license was suspended or revoked may, at the discretion of the Board, be relicensed or reinstated at any time without an examination by majority vote of the Board. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 48.

Any party aggrieved by a decision of the Board may appeal the matter to the Commissioner not later than 30 days after notification of the Board's decision. The Commissioner shall act on the appeal not later than 30 days following receipt of the appeal. If the aggrieved is not satisfied with the Commissioner's decision, the aggrieved may file an action in the Superior Court of the Virgin Islands and shall serve upon the Commissioner written notice of the appeal. The court shall review the decision of the Commissioner as it would the decision of any court. The decision of the reviewing court is final, and no further appeal may be taken. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 48.

(a) A veterinarian licensed by the Board shall release or authorize the release of rabies immunization records and other relevant treatment data of an animal under the veterinarian's care to (i) a requesting physician, physician assistant, or nurse practitioner who is contemplating the administration of the rabies treatment protocol to any person under the requesting caregivers' care who has been the victim of a bite or other possible rabies exposure from such animal; (ii) a requesting animal control officer or law- enforcement officer who needs to identify the owner of such animal or verify the rabies vaccination history of such animal; or (iii) a requesting animal control officer or an official of the Department of Health who is investigating an incident. (b) Any veterinarian licensed by the Board who in good faith releases or authorizes the release of an animal's rabies immunization records and other relevant data pursuant to this section is immune from civil damages resulting from the release of such information. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 48, 49.

(a) Every person licensed under this chapter shall report to the Commissioner, the Board, and the Virgin Islands Police Department suspected animal cruelty, including cases of an animal exhibiting injuries consistent with dog fighting or injuries due to the administration of improper dosages of any drug or medicine. (b) A person licensed under this chapter who makes a report of suspected animal cruelty or who provides records or information related to a report of suspected cruelty or testifies in any judicial proceeding arising from such report, records, or information is immune from any civil or criminal liability or administrative penalty or sanction on account of the report, records, information, or testimony, unless such person acted in bad faith or with a malicious purpose. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 49.

If any part of this chapter is held invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid part remain in effect. History: Added May 1, 2018, No. 8034, § 3, Sess. L. 2018, p. 49.

(a) Statement of intent; purpose. (1) The Legislature finds that a significant number of Virgin Islands residents chooses naturopathic medicine for their health care needs and declares that naturopathic medicine is a distinct health care profession that affects the public health, safety and welfare, and provides for freedom of choice in health care. (2) The purpose of this chapter is: (a) to provide standards for the licensure and regulation of naturopathic physicians in order to protect the public health, safety, and welfare; (b) to ensure that naturopathic medicine, practiced by qualified naturopathic physicians, is available to the people of the Virgin Islands; and (c) to provide a means of identifying qualified naturopathic physicians. History: Added Jan. 10, 2002, No. 6492, § 1, Sess. L. 2001, p. 380.

For the purpose of this chapter, the following terms shall have the meaning indicated: (a) "Naturopathic Medicine" or "Naturopathy" means a comprehensive system of primary health care practiced by naturopathic physicians for the diagnosis, prevention and treatment of human conditions, injuries, and diseases using education and natural methods and therapies to support and stimulate the individual, intrinsic self-healing processes. It may include the use of electrotherapy, diathermy, hydrotherapy, naturopathic manipulative therapy, and acupuncture. (b) "Naturopathic physician" means a person authorized and licensed to practice naturopathic medicine under this chapter and who has graduated from an approved naturopathic medical college, and has passed both Naturopathic Physicians Licensing Examinations - NPLEX 1 and NPLEX 2. (c) "Board" means the Virgin Islands Board of Naturopathic Physicians as established in section 192, of this chapter. (d) "Physical modalities" means the use of physical, chemical, electrical, and other non-invasive modalities, including but not limited to, heat, cold, air, light, gravity, water in any of its forms, sound, electromagnetic nonionizing radiation, ultraviolet light, ultrasound, therapeutic exercises and therapeutic substances recognized by the Council of Naturopathic Medical Education. (e) "Mechanotherapy" means manipulation of a part of or the whole body by hand or by mechanical means. (f) "Topical medicines" means topical analgesics, anesthetics, antiseptics, scabicides, anti-inflammatories, antivirals, antifungals, and antibacterials. (g) "Homeopathic preparations" means medicines prepared according to the official Homeopathic Pharmacopoeia of the United States. These medicines include, but are not limited to, extreme dilutions of herbs, minerals, or animal products and have homeopathic provings or known effects that mimic the symptoms, syndromes, or conditions that they are administered to treat. (h) "Medicines of mineral, animal and botanical origin" means medicines derived from animal organs, tissues, and oils, minerals, and plants. (i) "Minor office procedures" means the use of operative, electrical, or other methods for the surgical repair and care incidental to superficial lacerations and abrasions, superficial lesions, and the removal of foreign bodies located in the superficial tissues, the excision of lesions, trigger point therapy, dermal stimulation, allergy testing, and the use of antiseptics and local anesthetics in connection therewith. (j) "Hygiene, sanitary measures and immunizations" means the use of such preventative techniques as personal hygiene, asepsis, public health, and immunizations, to the extent allowed by law, rule or regulation. (k) "Approved naturopathic medical college" means a college and program granting the degree of doctor of naturopathic medicine or doctor naturopathy that is: (1) accredited by the Council on Naturopathic Medical Education (CNME) or another accrediting agency recognized by the United States Department of Education or; (l) "Naturopathic childbirth attendance" means the specialty practice of natural childbirth by naturopathic physicians which includes the use of natural therapeutic and obstetrical medicines, ophthalmic antibiotics, obstetrical emergency medicine and minor office procedures, including episiotomies, as established by rules of the Board. (m) "Naturopathic Acupuncture" means the insertion of fine metal needles through the skin at specific points on or near the surface of the body with or without the palpation of specific points on the body and with or without the application of electric current or heat to the needles or skin, or both, to treat human disease and impairment and to relieve pain. (n) "Formulary" means the list of natural and prescriptive substances which naturopathic physicians use in the practice of their profession, as specified by the Board of Naturopathic Physicians. History: Added Jan. 10, 2002, No. 6492, § 1, Sess. L. 2001, p. 380; amended Sept. 14, 2022, No. 8611, § 1(a)-(e), Sess. L. 2022, p. 211.

(a) (1) No person shall practice, attempt to practice, or claim to practice naturopathic medicine or naturopathy in this territory without first complying with the provisions of this chapter. (2) Only licensees under this chapter may use any or all of the following titles: "Doctor of Naturopathic Medicine" and the recognized abbreviation "N.D.", "N.M.D.", "Naturopath", "Doctor of Naturopathy", or "Naturopathic Physician". (b) Scope of practice. (1) Naturopathic physicians licensed under this chapter shall be allowed to prescribe, administer, dispense, and use all medicines of mineral, animal, and botanical origin, controlled substances as specified by the Board, topical medicines, vitamins, enzymes, homeopathic preparations, natural hormones, hygiene, sanitary measures and immunizations, counseling, injections appropriate to naturopathic medicine, hypnotherapy, biofeedback, and nutrition and dietary therapies with all manner of administration. (2) Naturopathic physicians licensed under this chapter shall be allowed to prescribe, administer, dispense, and use physical modalities, minor office procedures, barrier devices for contraception, naturopathic acupuncture, mechanotherapy and all forms of physiotherapy. (3) Naturopathic physicians licensed under this chapter shall be allowed to requisition diagnostic procedures commonly used by physicians in general practice including physical and orificial examinations, electrocardiograms, diagnostic imaging techniques, phlebotomy, clinical laboratory tests and examinations, physiological function tests, and other diagnostic procedures that will provide more ample clinical information and contribute to accurate diagnosis. (c) A naturopathic physician shall have the same authority and responsibilities as other licensed physicians regarding public health laws, reportable diseases and conditions, communicable disease control and prevention, recording of vital statistics, health and physical examinations to local boards of health, except that this authority is limited to activities consistent with the scope of practice authorized by this chapter. (d) Prohibitions. Naturopathic physicians may not: (1) Practice or claim to practice medicine and surgery, osteopathy, dentistry, podiatry, optometry, chiropractic or any other system or method of treatment not authorized in this chapter. (2) Prescribe, dispense or administer controlled substances except those authorized by this chapter. (3) Perform surgical procedures except those minor office procedures authorized by this chapter. (e) Exemptions from licensure. Nothing in this chapter shall be construed to prohibit or to restrict any of the following: (1) The practice of a profession by persons who are licensed, certified, or registered under other laws of this territory who are performing services within the authorized scope of the practice of that profession; (2) The practice of naturopathic medicine by persons employed by the Government of the United States while such persons are engaged in the performance of duties prescribed by the laws and regulations of the United States; (3) The practice of naturopathic medicine by students enrolled in an approved naturopathic medical college. The performance of services shall be pursuant to a course of instruction or assignments and under the supervision of an instructor, who shall be a naturopathic physician licensed in accordance with this chapter; (4) The practice of naturopathic medicine by persons duly licensed to engage in the practice of naturopathic medicine in a state, territory, or the District of Columbia who are called into this territory for consultation with a naturopathic physician licensed under this chapter. History: Added Jan. 10, 2002, No. 6492, § 1, Sess. L. 2001, p. 380.

(a) Creation of board. (1) There is created the Virgin Islands Board of Naturopathic Physicians under the Department of Health for administrative purposes only. The Board shall consist of five members appointed by the Governor with the advice and consent of the Legislature. The Governor shall make the initial appointments to the Board no later than 60 days after the effective date of this section. (2) (A) Three members of the Board shall be licensed as naturopathic physicians under this chapter. One member of the Board shall be a physician, and one member shall be a pharmacist licensed to practice under the provisions of this title. (B) The members of the Board shall be appointed for staggered terms of four years, except for the initial Board. Each member shall serve until the member's successor is appointed and confirmed. For the initial Board, one naturopathic physician and one medical physician shall serve a four- year term, one naturopathic physician and one licensed pharmacist shall serve a three-year term, and one naturopathic physician shall serve a two-year term. (3) No Board member may serve more than two consecutive terms, whether full or partial. (4) Any Board member may be removed for just cause, including unprofessional conduct. (5) The Governor may appoint a new member to fill any vacancy on the Board for the remainder of the unexpired term. (6) Board members shall not receive compensation, but shall be compensated for travel expenses as provided under title 3, chapter 1, of this code. (b) Board meetings. (1) The members of the Board shall elect a chairperson and secretary from among their members, who shall serve until a successor is elected. (2) The Board shall meet at least semi-annually and at such other times, as the chairperson deems necessary. Special meetings shall be at the request of a majority of the Board after notice in accordance with the provisions of this chapter. (3) Any member who fails to attend 50% of all the meetings held during any calendar year shall be deemed to have resigned from his position. (4) A majority of the members shall constitute a quorum for conducting the business of the Board. (c) Powers and duties of the Board. The Board shall: (1) adopt rules and regulations that are necessary or proper for the administration of this chapter; (2) administer and enforce all provisions of this chapter which pertain to licensees and applicants, and all rules adopted by the Board under the authority granted in this chapter; (3) adopt and use a seal, the imprint of which, together with the signatures of the chairperson and secretary of the Board, evidence its official acts; (4) keep an updated professional registry of all the licenses issued; (5) set all application, license and renewal fees commensurate with the cost of administration; (6) issue, renew, deny, suspend, and revoke licenses and fine licensees; (7) issue certificates of specialty practice as provided in this chapter; (8) maintain a permanent record of the Board's proceedings; (9) establish procedures for appealing decisions of the Board; (10) investigate and conduct hearings regarding any violation of this chapter and any rules of the board; (11) subpoena witnesses, administer oaths in any hearing or disciplinary proceedings and compel, by subpoena duces tecum, the production of papers and records; (12) maintain an accurate account of all receipts, expenditures, and refunds granted under this chapter; and (13) establish a formulary. (d) Civil immunity. The members of the Board are immune from suit in any civil action based on any act performed in the course of their duties. History: Added Jan. 10, 2002, No. 6492, § 1, Sess. L. 2001, p. 380.

(a) In order to practice naturopathic childbirth, a naturopathic physician shall obtain a naturopathic acupuncture specialty certification from the Board. The Board shall adopt rules setting forth the requirements to be met for the certification of naturopathic physicians for specialty practice. (b) In order to be certified for the specialty practice of naturopathic childbirth attendance, a naturopathic physician shall: (1) pass a specialty examination in natural childbirth or obstetrics approved by the Board; (2) complete a minimum of 100 hours of course work, internship or preceptorship in natural childbirth or obstetrics approved by the Board; and (3) participate in a minimum of 50 supervised births, including prenatal and postnatal care, under the direct supervision of a licensed naturopathic, medical or osteopathic physician with specialty training in natural childbirth attendance or obstetrics. History: Added Jan. 10, 2002, No. 6492, § 1, Sess. L. 2001, p. 380.

(a) In order to practice naturopathic acupuncture, a naturopathic physician shall obtain a naturopathic acupuncture specialty certification from the Board. The Board shall adopt rules setting forth the requirements to be met for the certification of naturopathic physicians for specialty practice. (b) In order to be certified for the specialty practice of naturopathic acupuncture, a naturopathic physician shall: (1) submit an application and a certification fee determined by the Board; (2) complete an acupuncture program approved by the Board which includes a minimum of 250 hours of classroom training and 250 hours of supervised clinical training; and (3) pass an examination approved by the Board. History: Added Jan. 10, 2002, No. 6492, § 1, Sess. L. 2001, p. 380.

(a) Requirements for licensure. The Board shall issue a license to any naturopathic physician who meets the following requirements: (1) Has graduated from an approved naturopathic medical college; (2) Has successfully completed a competency-based examination given by the Naturopathic Physician Licensing Examination (NPLEX) or its equivalent; (3) Possesses a good ethical and professional reputation; (4) Is physically and mentally capable of safely practicing naturopathic medicine; (5) Has not engaged in unprofessional conduct or any other conduct that would be grounds for refusal, suspension, or revocation of a license under this chapter; (6) Has not had a license to practice any profession refused, revoked, or suspended by any state, district, or territory of the United States or another country for reasons, that relate to the applicant's ability to skillfully and safely practice as a physician in this territory; (7) Has filed an application and paid the licensing fees; and (8) Has submitted a copy of a certified transcript of successful completion of a course of study in naturopathic medicine sent directly from an approved naturopathic medical college. (b) Examinations. (1) All applicants must take and pass all parts of the basic science, clinical series, homeopathy and minor surgery examination of the NPLEX or any other examination to be prescribed or endorsed by the Board. (2) The applicant must achieve at least the minimum score determined by the NPLEX as the passing point for that examination. (3) All applicants must take and pass the United States Virgin Islands Naturopathic Physicians Jurisprudence Examination as approved by the Board. The applicant must achieve at least the minimum score determined by the Board as the passing point for that examination. (4) The Board shall establish by rule the requirements for a re-examination if the applicant has failed the examination. (c) Reciprocity. A person licensed to practice naturopathic medicine or naturopathy under the laws of a state, district, or territory of the United States or in any foreign country which has educational requirements equal to those of the Virgin Islands and which extends like privileges to legally qualified naturopathic physicians from the Virgin Islands, who demonstrates to the satisfaction of the Board that the person possesses qualifications substantially equivalent to those required of persons eligible for licensing under this chapter, may be issued a license to practice in this territory without a written examination upon payment of the license fee required under this section. (d) Licensure fee; renewal fee. Applications for licensing and specialty certification must be on forms prescribed and furnished by the Board. The application fee is set by the Board by rule and is nonrefundable. The applicant shall deliver to an official of the Board a postal money order or certificate, bank draft or certified check. The fees shall be as follows: (1) An initial application fee to practice naturopathic medicine must be established by the Board in an amount not to exceed $300.00. (2) A specialty certification fee to practice natural childbirth must be established by the Board in an amount not to exceed $100.00 annually. (3) A fee for a lost, duplicate or misplaced license must be established by the Board in an amount not to exceed $50.00. (4) An annual renewal fee to practice naturopathic medicine must be established by the Board in an amount not to exceed $300.00. (e) Continuing education. (1) An approved continuing naturopathic medical education program means a program designed to continue the education of the licensee in current developments, skills, procedures, or treatment in the licensee's field of practice, which has been certified by a national or state naturopathic medical society or college or university and approved by the Board. (2) Licensed naturopathic physicians must demonstrate completion or a minimum of 30 hours of continuing education biennially upon renewal of licensure. Programs of continuing education must be approved by the Board. (3) All licensees holding a specialty certificate must complete an additional 10 hours of continuing education annually to continue certification. Programs of continuing education must be approved by the Board. History: Added Jan. 10, 2002, No. 6492, § 1, Sess. L. 2001, p. 380.

(a) Disclosure. A person who holds a license or certificate pursuant to this chapter shall display that document in his office in a conspicuous place. (b) Report of suspected violation. (1) Any information reported to the Virgin Islands Board of Naturopathic Physicians is confidential. (2) A person who is licensed or certified under this chapter, and any other person, shall report to the Board any suspected violation of the provisions of chapter. (3) Any person who reports or provides information to the Board under this section in good faith shall not be subject to an action for civil damages as a result. (c) Grounds for refusal, denial of renewal, suspension, or revocation of license. The Board may, after a hearing, refuse to grant a license, suspend or revoke a license, impose a civil penalty of no more than $1,000 and impose a disciplinary sanction on a person licensed under this chapter when the division finds that the licensee: (1) failed to comply with any provisions of this chapter; (2) advertised professional services in a false or misleading manner; (3) has been convicted of a felony or other crime that affects the licensee's ability to continue to practice competently and safely; (4) obtained a license through deceit, fraud, or intentional misrepresentation; (5) engaged in lewd or immoral conduct in connection with the delivery of professional service; (6) continued to practice after becoming unfit due to professional incompetence, addiction or severe dependency on alcohol or drugs that impair the licensee's ability to practice safely, and physical or mental disability; and (7) any other good cause relevant to qualifications to practice naturopathic medicine. (d) Penalties. A person who violates any of the provisions of this chapter shall incur a misdemeanor, and upon conviction, shall be punished with a fine not exceeding $500 or by imprisonment for a term not to exceed six months, or both. (e) Jurisdiction. The Department of Justice of the Virgin Islands shall prosecute all persons charged with violation of any of the provisions of this chapter. History: Added Jan. 10, 2002, No. 6492, § 1, Sess. L. 2001, p. 380.

As used in this chapter: (a) "Appraisal activities" means the selection, administration, scoring, and interpretation of objective assessment instruments which the professional counselor is qualified to employ by virtue of education, training and experience, and the exercise of professional judgment based on the objective assessment and observation of a client's behavior to evacuate current functioning, diagnose, and select appropriate treatment required to remedy identified problems or to make appropriate referrals. (b) "Approved continuing education" includes research and training programs, college and university courses, in-service training programs, and seminars and conferences that are approved by the Board of Licensed Counselors and Examiners, as provided in this chapter. (c) "Approved Supervisor" means an individual who: (1) is a fully, active, licensed counselor in one of the categories set forth in this chapter; (2) has two years of supervisory experience approved by the Board of Licensed Counselors, including graduate-level supervision; (3) has two years of supervised experience; (4) has documented to the Board of Licensed Counselor and Examiners the completion of the graduate-level supervision course or the equivalent that included two years of supervised experience; and (5) has documented to the Board the completion of a graduate-level supervision course or the equivalent that included content and experience relevant to the supervision of professional counselors. (d) "Board" means the Virgin Islands Board of Licensed Counselors and Examiners. (e) (1) "Counseling" means offering to assist or assisting, for a fee or other compensation, an individual or group through a counseling relationship to develop an understanding of interpersonal and intrapersonal problems and to plan and act on a course of action to restore optimal functioning to that individual or group, the goals of which are to: (A) Facilitate human development and adjustment throughout the lifespan; (B) Prevent, assess, and treat emotional, mental, or behavioral disorder and distress which interferes with behavioral health; (C) Conduct assessments for the purpose of establishing treatment goals and objectives; and (D) Plan, implement, and evaluate treatment plans using professional counseling strategies and interventions. (2) The term does not include the treatment of any mental, emotional or adjustment disorder other than marital problems, parent-child problems, child and adolescent antisocial behavior, adult antisocial behavior, other specified family circumstances, other interpersonal problems, phase of life problems, other life circumstance problems, occupational problems and uncomplicated bereavement (f) "Counseling treatment intervention" means the application of cognitive, affective, and behavioral counseling strategies which integrate wellness, pathology and multi-cultural model of human behavior, which applies a combination of behavioral health and human development principles and procedures to help clients achieve effective mental, emotional, physical, social, moral, educational, spiritual and career development and adjustment throughout their lifespan, and are specifically implemented in the context of a therapeutic relationship. (g) "Licensee" means a person licensed under this chapter as a licensed substance abuse counselor, a licensed marriage and family therapist, or a licensed professional counselor. (h) "Licensed counselor" means an individual who renders for compensation counseling services and is licensed under this chapter as a: (1) Licensed Substance Abuse Counselor (LSAC); (2) Licensed Marriage and Family Therapist (LMFT); and (3) Licensed Professional Counselor (LPC). (i) "Licensed substance abuse counselor" means an individual who renders, for compensation, chemical dependency or addictions counseling or chemical dependency counseling or addictions counseling related services to an individual, group, organization, corporation, institution, or to the general public, who is trained and experience in chemical dependency counseling and addictions counseling, and who is licensed under this chapter to engage in the practice of chemical dependency and addictions counseling. (j) "Licensed marriage and family therapist" means an individual who renders for compensation professional marriage and family therapy services to individuals, couples, and families, singularly or in groups, whether such services are offered directly to the general public or through organizations, either public or private. (k) "Licensed professional counselor" means an individual rendering, for compensation, of professional behavioral health therapy by means of observation, description, evaluation, interpretation counseling treatment and interventions, including psychotherapy, to effect modification of human behavior by the application of generally recognized professional counseling principles, methods and procedures for the purpose of preventing, diagnosing, treating, or eliminating mental, emotional or behavioral disorder or their symptoms, and the enhancing of interpersonal relationships, work and life adjustment, personal effectiveness, behavior and behavioral health. The practice of counseling includes conducting assessments for the purpose of establishing treatment goals, objective planning, implementing and evaluating treatment plans using counseling treatment interventions as defined in this section. (l) "Marriage and family therapy" means the services performed with individuals, couples, or groups wherein interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments. The practice includes relationship and premarital counseling. "Counseling" means those techniques used to help persons learn how to solve problems and make decisions related to personal growth, vocation, family, social, and other interpersonal concerns. (m) "Person" means an individual, firm, corporation, limited liability company, partnership or other organization or legal entity. (n) "Professional counseling" means the providing of services to individuals, couples, groups, families, and organizations in any one or more of the fields of professional counseling. "Professional counseling" includes the therapeutic process of: (i) conducting assessments and diagnosing for the purpose of establishing treatment goals and objectives and (ii) planning, implementing, and evaluating treatment plans using treatment interventions to facilitate human development and to identify and remediate mental, emotional, or behavioral disorders and associated distresses that interfere with behavioral health (o) "Recognized educational institution" means any educational institution that grants a Bachelors, Masters or Doctoral degree, and which is recognized by a nationally and regionally recognized education or professional accrediting body approved by the United States Department of Education. (p) "Referral to" means evaluating and identifying the need of a client to determine the advisability of referral to other specialists, informing the client of such decision and communicating as requested or deemed appropriate, with such referral sources. (q) "Research" means a systematic effort to collect, analyze and interpret quantitative or qualitative data that describe how social characteristics and behavior, emotion, cognition and interpersonal transactions among individuals and organizations interact. (r) "Substance abuse counseling" means the services performed to help people who have problems related to alcohol and other drug use that causes social, physical, legal, vocational, or educational distress or impairment. (s) "Use of a title or description" means to hold oneself out to the public as having a particular professional status, using signs, mailboxes, address plates, stationery, announcements, calling cards, electronic media, or other instruments of identification. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 235-238; amended Jan. 6, 2019, No. 8152, § 1(a)(8), Sess. L. 2018, p. 327.

(a) There is established the Virgin Islands Board of Licensed Counselors and Examiners composed of seven members appointed by the Governor with the advice and consent of the Legislature, but one such member must be a resident of St. John. (b) Not later than four years after enactment of this chapter, five of the seven Board members must be appointed to the Board and must be individuals who are eligible for licensure under this chapter as follows: (1) One licensed substance abuse counselor; (2) One licensed marriage and family therapist; (3) Three licensed professional counselors; and (4) Two individuals from the public who meet the requirements established in subsection (e) of this section. (c) Of the first Board members appointed, three shall continue in office for two years, three for three years, and one for four years. Their successors must be appointed for terms of four years each; except that any person chosen to fill a vacancy shall serve only for the unexpired term of the Board member succeeded. Upon the expiration of a Board member's term of office, the Board member shall continue to serve until a successor is appointed and qualified. (d) The Governor shall designate one Board member to serve as the first chairperson. The Board by majority vote of the members present, a quorum being present, shall elect from among its members the second and successive chairpersons, along with the vice-chairperson and the secretary/treasurer. The Board shall determine the manner of election of officers, their duties and their terms of office. (e) Two years after enactment of this chapter, all members of the Board, with the exception of the two members selected from the general public, must be licensed under this chapter. The two members of the Board appointed by the Governor from the general public, must be individuals who: (1) are accessible to inquiries, comments, and suggestions from the general public; (2) are familiar with behavioral health issues and applicable federal and local law; (3) may not be or ever have been licensed professional counselors or in training to be licensed professional counselors; (4) may not be or ever have had a household member or of members of their immediate family who are or were a substance abuse counselor, marriage and family therapist, or licensed professional counselor; (5) may not participate or ever have participated in a commercial or professional field related to behavioral health or human services; (6) may not have a household member or immediate family member who participated in a commercial or professional field related to behavioral health; and (7) may not have had within two years before appointment a substantial financial interest in a person regulated by the Board. (f) Four members constitute a quorum for the transaction of all business of the Board. (g) The Governor may remove a member of the Board for neglect of duty, malfeasance, incompetence, misconduct, or conviction of a felony, if the procedures for such actions have been fully executed. (h) Board members shall serve without compensation but must be reimbursed for the inter-island expenses incurred in the performance of official Board business. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 238, 239; amended July 9, 2018, No. 8070, § 1, Sess. L. 2018, p. 134; amended Jan. 6, 2019, No. 8152, § 1(a)(8), Sess. L. 2018, p. 327.

(a) In addition to all powers specifically assigned by this chapter or by other law, the Board has the primary responsibility for the implementation and enforcement of the provisions of this chapter, and without limiting on the generality of the foregoing shall: (1) examine, license and regulate the following professions: (A) Licensed Substance Abuse Counselors; (B) Licensed Marriage and Family Therapists; and (C) Licensed Professional Counselors. (2) provide for by regulations procedures for the revocation or suspension of licenses and provide enforcement against any professional outlined in the chapter acting without a license; (3) examine and pass on the qualification of all applicant's for licenses under this chapter, and issue a license to each successful applicant, attesting to applicant's professional qualifications to be a licensed professional counselor; (4) adopt a seal to be affixed to all licenses; (5) schedule and conduct examinations not less than once per year to determine qualifications of applicants after their completion of appropriate educational requirements; (6) annually publish a registry of names and business addresses of persons who are licensed under this chapter; (7) maintain a registry of approved supervisors as defined by the Board; (8) adopt the American Counselors Association Code of Ethics applicable to the practice of professional counseling; (9) set reasonable fees for applications, examinations, issuance, and renewal of licenses and other services provided by the Board at the rates sufficient to cover operating expenses incurred by the Board in carrying out examination functions; (10) establish rules for continuing education requirements for licenses; (11) establish a disciplinary committee to conduct hearings on complaints seeking discipline of a licensee or revocation of a license, and investigations related to the compliance of this chapter; (12) administer oaths, hear testimony and receive evidence with regard to matters within its jurisdiction and to issue subpoena; compelling the appearance of witnesses and production of evidence; (13) issue, modify and revoke orders restraining the violation of this chapter; and (14) after public hearings, adopt pursuant to 3 V.I.C. ch. 35, such regulations, not inconsistent with this chapter, as considered necessary to carry out the purposes of this chapter. (b) The disciplinary committee mandated in paragraph (11) of subsection (a) must be composed of fully, active, licensed counselors in the territory. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 240, 241.

(a) The Board may appoint a committee of three Board members to hear any disputed matter that requires a hearing and make recommendations to the Board for its disposition. At least one member of the committee must be licensed in the area of professional counseling which is involved in the dispute. (b) The Board may adopt the committee's decision after reviewing it. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 241.

Consumer Affairs (a) (1) The director of the Division of Boards and Commissions of the Department of Licensing and Consumer Affairs shall serve as the executive director for the Board, the custodian of records, and exercise responsibility for assembling and reviewing all materials submitted by applicants for licensure applications for completeness, handling the Board's correspondence, intake of complaints and their presentation to the Board and provide such other assistance as requested by the Board. (2) The Commissioner of Licensing and Consumer Affairs shall provide the Board with professional, secretarial and clerical services, supplies and equipment as necessary to carry out the duties of the Board. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 241.

(a) An applicant for licensure under this chapter shall: (1) submit all information and documentation of credentials requested by the Board on the appropriate form as prescribed by the Board; (2) pay a non-refundable fee, as provided in section 211 not later than 90 days before the date the applicant desires to take the examination; (3) be at least 21 years of age, of good moral character, and not have been convicted of a felony or a crime of moral turpitude and must not be addicted to alcohol or drugs; (4) produce certified transcripts verifying satisfactory completion of educational course work or academic degrees as required; (5) have declared to the Board and agreed to continue the area of professional competence through a statement of profession intent, describing the intended use of the license, the client population with whom the applicant will work, the professional procedures the applicant plans to utilize, including the applicant's theoretical orientation and preferred intervention strategies; and (6) have validated the competencies declared in the Statement of Professional Intent as well as demonstrated knowledge of the appropriate professional counseling field by passing a written examination given by the Board twice a year in the Virgin Islands at times to coincide with the exam date given by the National Certifying Boards of the respective disciplines in the United States whose exams are employed by the Board. (b) The Board shall perform background screening of each applicant which includes drug screening and criminal record checks for conviction of sexual offences. (c) The Board shall send an annual notice determined by the anniversary date of the filing of an application to an applicant who does not complete an application in a timely manner. An application not completed within 30 days after the date of the Board's annual notice may be voided; however, by written request to the Board, an applicant may request that the application be kept active for an additional year. Incomplete applications must be retained for one year; however, after that year an applicant must submit a new application and all the required materials, in addition to paying a new application fee. (d) The general application form must contain: (1) Specific inquiries regarding the application's personal data, employment and type of practice, other licenses and certifications held, felony or misdemeanor convictions, educational background, including direct clinical experience, supervised experience and references; (2) The applicant's authorization of the Board to seek any information or references the Board considers necessary and proper to determine the applicant's qualifications; (3) A statement that the applicant understands that the application fees are non-refundable; (4) A statement that the applicant, if issued a license, shall return the license to the Board upon the revocation or the suspension of the license; (5) The applicant's dated and notarized signature; (6) The signature of the school official or official university transcript that can formally attest to the completion of an applicant's clinical practicum; and (7) The applicant's authorization for the Board to seek any information the Board considers necessary and proper to determine the applicant's qualifications, including a background check by the National Crime Investigation Center. (e) The supervised experience form must contain: (1) The name of the applicant; (2) The name, address, degree, licensure status, and credentials of the applicant's supervisor; (3) The name, address of the agency or organization where the experience was gained; (4) The inclusive dates of direct, on-site, weekly supervision provided to the applicant, including individual and group supervised experiences and the types of supervision used; (5) The applicant's employment status during the supervised experience; (6) The types and total hours of direct, face-to-face clinical services provided to individuals, families or couples; (7) The supervisor's evaluation of the applicant's therapeutic skills and competence for independent or private practice; and (8) The supervisor's notarized signature. (f) An applicant shall have the official transcripts showing all relevant graduate or doctoral work sent directly to the Board. (g) An applicant shall have references submitted by three persons who can attest to the applicant's therapy skills and professional standards of practice, and shall include: (1) One reference from a graduate instructor in a university, college or post degree training setting; and (2) One reference from a licensed or certified professional in the applicant's field or any other related behavioral health field. (h) The Board may require the applicant to submit a vita, resume, or other relevant documentation of the applicant's credentials. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 241-243; amended Jan. 6, 2019, No. 8152, § 1(a)(8), Sess. L. 2018, p. 327.

(a) The Board shall issue a license as a licensed substance abuse counselor if the applicant: (1) has met the requirements set forth in section 206; (2) has demonstrated to the Board the successful completion of a master's or doctorate degree in addictions counseling, professional counseling, counselor education, counseling psychology, community behavioral health or in a comparable field with a concentration in behavioral health and substance abuse; (3) has demonstrated the completion of course work in the core areas, relating to the treatment of clients for alcohol and/or drugs abuse; and (4) proves that the education received by the applicant was received from an institution of higher education which at the time the applicant graduated, was accredited by the United States Department of Education and by an accrediting body recognized by the Council on Post-Secondary Accreditation the Association of Specialized and Professional Accreditors, or can demonstrate equivalent course work at an institution of higher education located outside the United States, which at the time the applicant was enrolled and at the time the applicant graduated, maintained a standard of training substantially equivalent to the standards of training of those institutions in the United States which are accredited by a regional accrediting body recognized by the Council on Post-Secondary Accreditation or the Association of Specialized and Professional Accreditors. (A) The applicant shall have received education and training from an institution or higher education program officially recognized by the government of the country in which it is located as an institution or program to train students to practice as addictions counselors or psychotherapist. (B) The applicant shall have the burden of establishing that the requirements of this paragraph have been met. (b) The Board may require documentation, such as, an evaluation by a foreign equivalency determination service as evidence that the applicant's graduate degree program and education are equivalent to an accredited program in the United States. (c) Nothing in this chapter may be construed to authorize a substance abuse counselor to practice medicine, social work, or psychology, to provide counseling for disorders other than substance abuse, or to order, administer, or interpret psychological tests or utilize psychometric procedures. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 243, 244; amended Jan. 6, 2019, No. 8152, § 1(a)(8), Sess. L. 2018, p. 327.

(a) The Board shall issue a license as a licensed marriage and family therapist if the applicant: (1) has met the requirements set forth in section 206; (2) has demonstrated to the Board the successful completion of a minimum of 60 graduate semester hours, including a master's or doctoral degree, with emphasis in marriage and family therapy, or a closely related field, and has completed a year of supervised practicum or internship and graduate- level course work, as prescribed by the Board's regulations, in each of the following areas: (A) Dynamics of marriage and the family systems; (B) General counseling theory and techniques; (C) Marriage therapy and counseling theory and techniques; (D) Family growth and development; (E) Social and cultural foundations of counseling; (F) Contextual dimension of marriage and family therapy, including studies in areas, such as social trends, family life cycle development stages, human sexuality, ethnic diversity, psychosocial theory; family origin and blended family; (G) [Omitted] (H) Psychopathology; (I) Appraisal/assessment and testing of individuals; (J) Professional orientation and ethics; and (K) Research and program evaluation. (3) has demonstrated to the satisfaction of the Board the successful completion of no fewer than three years of post-academic degree experience in a professional setting, including a minimum of 2,500 hours of professional counseling, as defined in section 201, of which 1,000 hours involve direct client contact marriage and family therapy, and a minimum of 300 hours of supervised experience under an approved supervisor; contact marriage and family therapy, and a minimum of 300 hours of supervised experience under an approved supervisor; (4) passes the examination requirement established by the Board; (5) proves that education received by the applicant was received from an institution of higher education which at the time the applicant graduated, was accredited by the United States Department of Education and by an accrediting body recognized by the Council on Post-Secondary Accreditation, the Association of Specialized and Professional Accreditors, or can demonstrate equivalent course work at an institution of higher education located outside the United States, which at the time the applicant was enrolled and at the time the applicant graduated maintained a standard of training substantially equivalent to the standards of training of those institutions in the United States which are accredited by a regional accrediting body recognized by the Council on Post-Secondary Accreditation or the Association of Specialized and Professional Accreditors. (A) The applicant shall have received his education and training from an institution or program of higher education officially recognized by the government of the country in which it is located as an institution or program to train students to practice as professional marriage and family therapists or psychotherapist. (B) The applicant shall have the burden of establishing that the requirements of this paragraph have been met. (b) The Board may require documentation, such as an evaluation by a foreign equivalency determination service as evidence that the applicant's graduate degree program and education are equivalent to an accredited program in the United States. (c) Nothing in this chapter may be construed to authorize a marriage and family therapist to practice medicine, social work, or psychology, to provide counseling for disorders other than substance abuse, or to order, administer, or interpret psychological tests or utilize psychometric procedures. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 244-246.

(a) The Board shall issue a license as a licensed professional counselor if the applicant: (1) has met the requirements set forth in section 206 of this chapter; (2) has demonstrated to the Board the successful completion of a minimum of 60 graduate semester hours in counseling, including a master's or doctoral degree in counseling that includes a practicum or internship in a counseling setting and course work in each of the following areas: (A) Counseling theory and practice; (B) [Omitted] (C) Human growth and development, including abnormal development/psychopathology; (D) Lifestyle and career development; (E) Group dynamics, processes, counseling, and consulting; (F) Appraisal/assessment and testing of individuals; (G) Principles of diagnosis, treatment, planning and prevention of mental and emotional disorders and dysfunctional behavior; (H) Social and cultural foundation/multi-cultural counseling; (I) Marriage and family counseling/therapy; (J) Research and program evaluation; and (K) Professional orientation and ethics. (3) has demonstrated to the satisfaction of the Board the successful completion of no fewer than three years of post-academic degree experience in a counseling setting, including a minimum of 2,500 hours of professional counseling as defined in section 201, of which 300 hours involve direct counseling, and a minimum of 300 hours of supervised experience under an approved supervisor; (4) passes the examination requirement established by the Board; and (5) proves that the education received by the applicant was received from an institution of higher education, which at the time the applicant graduated was accredited by the United States Department of Education and by an accrediting body recognized by the Council on Post-Secondary Accreditation, the Association of Specialized and Professional Accreditors, or can demonstrate equivalent course work at an institution of higher education located outside the United States, which at the time the applicant was enrolled and at the time the applicant graduated maintained a standard of training substantially equivalent to the standards of training of those institution in the United States which are accredited by a regional accrediting body recognized by the Council on Post-Secondary Accreditation of the Association of Specialized and professional Accreditors. (A) The applicant shall have received education and training from an institution or program of higher education officially recognized by the government of the country in which it is located as an institution or program to train students to practice as professional counselors or psychotherapists. (B) The applicant shall have the burden of establishing that the requirements of this paragraph have been met. (b) The Board may require documentation, such as an evaluation by a foreign equivalency determination service as evidence that the applicant's graduate degree program and education are equivalent to an accredited program in the United States. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 246, 247.

(a) The Board shall use the examinations by the national regulatory board of the respective discipline for each of the behavioral health professionals which the Board considers appropriate when testing applicants to determine their eligibility to become licensed professional counselors. (b) The Board shall conduct exams at least twice a year, in the fall and in the spring. (c) In any written examination, each applicant must be identified in such a manner as to maintain the confidentiality of the applicant's examination. (d) Examinations must include questions in such theoretical and applied fields as the Board considers most suitable to test an applicant's knowledge and competence to practice in the area for which the applicant seeks a license. (e) The Board may issue a license, without examination, for the practice of substance abuse counseling, marriage and family therapy or the professional counseling to persons who hold a valid and unrestricted license in the Virgin Islands on the effective date of this section and who meet the clinical and academic requirements for licensure as a marriage and family therapist or licensed substance abuse treatment practitioner, respectively. The applicant for such license shall present satisfactory evidence of qualifications equal to those required of applicants for licensure as marriage and family therapists or licensed substance abuse treatment practitioners, respectively, by examination in the Territory. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 247, 248; amended Jan. 6, 2019, No. 8152, § 1(a)(8), Sess. L. 2018, p. 327.

(a) An individual licensed under this chapter shall pay a fee of $200 to the Board for the original license. This fee is in addition to an examination fee set by the Board. A license is valid for two years and must be renewed biennially. The fee for a renewal license is $200. Any application for renewal of a license after it has expired requires payment of an additional fee of $50. (b) An individual licensed under this chapter shall submit at the time of renewal, the license renewal fee, evidence satisfactory to the Board of the completion during the previous 24 months of 40 hours of relevant professional continuing education experiences, and an updated Statement of Professional Intent. (c) The Board shall mail its continuing education requirements to all persons at least one year to the renewal date. (d) All fees paid pursuant to this section must be used exclusively to meet the expenses incurred in the administration, regulation and enforcement of this chapter. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 248-250.

(a) Every licensee under this chapter shall complete continuing education courses as provided in this section. (b) A licensee shall fulfill continuing education requirements during one-year periods beginning on the first day of a license renewal year and ending on the last day of the renewal year. (c) A licensee shall complete a minimum of 5 and a maximum of 20 clock hours of continuing education, acceptable to the Board, each year. For purposes of this section, a clock-hour means 60 minutes in an acceptable continuing education course. (d) A licensee shall successfully complete a three-clock hour course in ethics during every license period, regulated under this chapter every third year. (e) The licensee shall submit proof of continuing education credits as prescribed by the Board. (f) Continuing education undertaken by a licensee under this chapter is acceptable if the course is given by an approved provider and falls into one of the following categories: (1) participation in national conferences, such as the American Association of Marriage and Family Therapy Academy, the American Counseling Association, the American Orthopsychiatry Association, the American Pastoral Association, and the National Association of Social Workers; (2) participation in conferences in counseling, pastoral work, and psychology or social work which offer training in mental health; (3) participation in local seminars presented by mental health groups, local hospitals, universities and local agencies; (4) completing a graduate or institute course in the licensee's respective mental health discipline; and (5) by teaching a graduate or undergraduate course in the licensee's respective discipline at a college or university; except that, graduate work instruction may count for no more than 50 percent of annual continuing education. (g) The Board is not responsible for approving individual continuing education programs. (h) Any university, professional organization, or sole provider who meets the criteria established in this section may advertise continuing education in the mental health disciplines governed by this chapter. (i) The Board shall evaluate each continuing education experience submitted by a licensee on the basis of the following criteria: (1) Relevance of the subject matter to increase or support the development of skill and competence in the mental health disciplines under this chapter; (2) Objectives of specific information and skill to be learned; (3) Subject matter, educational methods, materials, and facilities utilized, including the frequency and duration of the sessions and the adequacy to implement learner objectives; and (4) Sponsorship and leadership of programs including the name of the sponsoring individual's organization; program leaders, if different from sponsor. (j) Teaching in approved programs must be in accordance with subsection (f) of this section. Documentation from a sponsor including an evaluative statement is required. (k) Completion of academic work must be in accordance with subsection (f) of this section. Official graduate transcripts from an accredited school showing completion of graduate hours in appropriate areas for which the license received a grade of at least "B" or "pass" is required. (l) The Board shall calculate continuing education credits as follows: (1) Parts of the program that meet the criteria in subsection (f) are credited on a one-for-one basis with one clock-hour credit for each clock hour spent in continuing education activity. (2) A graduate course with a total of 45 clock hours or 3 credit hours, or an institute's post-graduate course with a total of 45 clock hours is accepted as two years or 40 clock hours of continuing education. (m) Licensees shall submit other types of continuing education annually. (n) A licensee shall report education units of no fewer than 20 hours annually at the time of license renewal. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 248-250.

(a) Voluntary inactive status results when a licensee has applied to be placed on inactive status and has paid a $50 fee to the Board. (b) A licensee whose license is in voluntary inactive status may reactivate the license by submitting an application to the Board, filing proof of completion of continuing education requirements, complying with any background investigation required, complying with other requirements prescribed by the Board, and paying a $50 reactivation fee plus any biannual renewal fee due at the time of reactivation. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 250.

(a) The Board, after notice and an opportunity for hearing, may suspend or revoke the license of any licensee if the licensee has engaged in the following behaviors: (1) Violation of ethical standards of such a nature as to render the individual unfit to provide professional counseling services; (2) Use drugs or alcohol or both to an extent that impairs the licensee's ability to engage in the practice of professional counseling; (3) Committing any act upon a client which would constitute sexual battery or which would constitute sexual misconduct as defined by the Board; (4) Use of fraud, deception, misrepresentation or bribes in securing any license issued under this chapter or in obtaining permission to take an examination given or required pursuant to the provisions of this chapter; (5) Obtaining or attempting to obtain any fee, charge, tuition, or other compensation by fraud, deception or misrepresentation; (6) Making misleading, deceptive, untrue, or fraudulent representations in the practice of any profession licensed under this chapter; (7) Violation of, assisting or enabling any individual to violate any provision of this chapter or any regulation adopted under this chapter; (8) Impersonation of any person holding a license under this chapter; (9) Revocation or suspension of a license or other authorization to practice counseling granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized by this chapter; (10) Mental impairment or physical disability that impairs the licensee's ability to engage in the practice of professional counseling services; (11) Assisting or enabling any person to hold himself out to the public as a licensed substance abuse counselor, licensed marriage and family therapist, or licensed professional counselor when that person is not licensed under this chapter; (12) The issuance of the license is based upon a material mistake of fact; (13) Use of any advertisement or solicitation that is false, misleading, or deceptive to the general public or person to whom the advertisement is primarily directed; (14) Paying a kickback, rebate, bonus or remuneration for receiving a client, or receiving a kickback, rebate, bonus, or other remuneration for referring a client to another professional counselor; (15) Referring clients to oneself for services on a fee-paid basis when those services are already being paid for by some other public or private entity; or entering into a reciprocal referral agreement; (16) Failing to make available to a client, upon written request, copies of tests, reports, or documents in the possession or under the control of the licensee which have been prepared for and paid for by the client; (17) Failing to respond within 30 days to a written communication from the Board concerning any investigation by the Board, or failing to make available any relevant records with respect to any investigation about the licensee's conduct or background; (18) Performing any treatment or prescribing any therapy that, by the prevailing standards of the counseling professions in the community, would constitute experimentation on human subjects, without first obtaining full, informed, and written consent; (19) Failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee is not qualified by training or experience; or (20) Conviction of a felony or a misdemeanor involving moral turpitude. (b) The issuance of a license in the first instance may be denied if the circumstances in subsection (a), paragraphs (2), (4), (8) or (20) of this section are shown to exist. (c) No license may be denied, suspended, or revoked under subsection (b) without prior reasonable notice and opportunity for hearing and without a majority vote, of the Board, but the Board, may without prior notice or hearing, temporarily suspend for up to one year the license of any person convicted of a crime as set forth in subsection (a)(20). The burden of proof is on the Board in any proceeding to suspend or revoke a license. (d) Any individual may file a complaint with the Board seeking denial, suspension or revocation of a license issued or to be issued by the Board. The complaint must be in a form prescribed by the Board and must be verified under oath. (e) If the Board determines that a complaint alleges facts, which, if true, would require denial, revocation, or suspension of a license, the Board shall promptly institute a hearing. (f) Whenever the Board is of the opinion that a complaint does not allege facts that warrant a hearing, the complaint must be dismissed. (g) A license may expire as a result of failure to comply with section 213(a). (h) The Board shall publish, and maintain ethical standards for the professional conduct of its licensees and make the ethical standards available to the public on the Board's website. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 251-253.

The Board shall promulgate regulations establishing ethical standards for the conduct of persons licensed under this chapter and regulations pertaining to treatment for impaired practitioners. (a) The Board shall conduct its proceedings in accordance with the requirements of this chapter and regulations promulgated under this chapter. (b) Any person may represent himself before the Board or be represented by an attorney. Every vote and official act of the Board must be entered into the record. All hearings are subject to the provisions of 1 V.I.C. § 254(b) and rule-making proceedings are open to the public. (c) The Board may require by subpoena the attendance and testimony of witnesses and the production of all pertinent books, papers and documents relating to any matter under investigation. The Board shall issue subpoenas upon application of any party to its proceeding. (d) Witnesses summoned to appear before the Board must be paid the same fees and mileage as witnesses in the Superior Court of the Virgin Islands. When a subpoenaed witness fails to appear, the Board may apply to the Superior Court for an order requiring the person subpoenaed to appear before the Board to testify and produce books, papers or documents. (e) One or more Board members or a hearing examiner appointed by the Board shall preside at the hearing. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 253.

(a) In judicial proceedings, whether civil, criminal or juvenile, in legislative and administrative proceedings, and in proceedings preliminary and ancillary thereto, a patient or client, or the patient's or client's guardian or personal representative may refuse to disclose or prevent the disclosure of confidential information, including information containing administrative records, communicated to any person licensed under this Act as a substance abuse counselor, marriage and family therapist, licensed professional counselor, licensed career counselor, or otherwise authorized to practice within the professional counseling field under the laws of this jurisdiction, or to persons reasonably believed to be the patient or client to be so licensed, and their agents, for the purpose of diagnosis, evaluation, or treatment of any mental or emotional condition or disorder. In the absence of evidence to the contrary, the professional counselor is presumed authorized to claim the privilege on the patient's or client's behalf. (b) This privilege may not be claimed by the patient or client, or on the behalf of the patient or client by any authorized person, in the following circumstances: (1) where abuse or harmful neglect of children, the elderly or disabled or incompetent individuals is known or reasonably suspected; (2) where the validity of a will of a former patient or client is contested; (3) where such information is necessary for the professional counsel or licensee under this statute to defend himself against a malpractice action brought by the patient or client; (4) where an immediate threat of physical violence against a readily identifiable victim is disclosed to the professional counselor; (5) in civil commitment proceedings, where an immediate threat of self-inflicted damage is disclosed to the professional counselor; (6) where the patient or client, by alleging mental or emotional damages in litigation, puts his mental state at issue; (7) where patient or client is examined pursuant to court order; or, (8) in the context of an investigation or hearing brought by the patient or client and conducted by the Board, where violations of this chapter are at issue. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 253, 254.

(a) The Board shall issue a license to an applicant licensed as; a similar professional in another jurisdiction where the requirements for licensure are equivalent to or exceed the requirements of this Territory. (b) The Board shall review the applications for licensure under this chapter from individuals who earned a post-secondary degree from an educational institution outside the United States. The Board shall determine whether the applicant's experience and completed academic program meet the standards of a relevant academic program of an accredited educational institution within the United States and territories. If the applicant's experience and completed academic program meet such standards, the applicant must be considered to have received the education from an accredited educational institution as required by this chapter. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 254.

Members of the Board and any employee or agent of the Board are not subject to civil liability for any act preformed in good faith and within the scope of the duties of the Board. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 254.

(a) Nothing in this chapter may be construed to apply to the activities and services of qualified members of other professions licensed under chapters of this title, including such as physicians, psychiatrists, licensed registered nurses, psychologists, or social workers, or to attorneys at law performing counseling in a manner consistent with the scope of practice in their field, their training, and any code of ethics of their professions. However, members of professions licensed under other chapters of this title may not present themselves by use of any title stating or implying that they are licensed counselors under this chapter. (b) Nothing in this chapter may be construed to apply to the activities and services of a person employed as a counselor by an academic institution, or a federal or territorial agency, or public or private educational institution, when such persons are performing counseling or counseling-related activities within the scope of their employment. (c) Nothing in this chapter may be construed to apply to the activities and services of a student, intern or trainee pursuing a course of study in behavioral health and human services in a regionally accredited institution, if these activities are performed under supervision and constitute a part of the supervised course of study when such a person is designated, for example, an "intern," or "student". (d) Nothing in this chapter may be construed to apply to the activities and services of a non-resident rendered not more than 30 days during any calendar year, if the person is authorized to perform such activities and services under the laws of the state of that person's residence. (e) Nothing in this chapter may be construed to apply to the activities and services of a rabbi, priest, minister, or clergy-person of any religious denomination or sect, if such activities and services are within the scope of the performance of regular or specialized ministerial duties. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 255; amended Jan. 6, 2019, No. 8152, § 1(a) (8), Sess. L. 2018, p. 327.

(a) It is unlawful for any person to: (1) Represent himself as a counselor without being licensed under this chapter. (2) Without being licensed under this chapter, use the title of: (A) Licensed Substance Abuse Counselor; (B) Licensed Marriage and Family Therapist; or (C) Licensed Professional Counselor. (3) Advertise the performance of or make use of any title, word, letter or abbreviation that may reasonably be confused with a designation of occupational competence without being duly licensed; or (4) Refuse to furnish the Board with information or records required or requested pursuant to this chapter. (b) Any person who willfully engages in any unlawful act specified in this section is guilty of a misdemeanor and subject to punishment upon conviction by a fine of not less than $500 nor more than $1,000 for each offense, and imprisonment for a term not to exceed one year. Upon conviction a person shall refund to the client all fees received for professional services rendered under any unlawful condition. (c) Any licensee under this chapter who commits sexual misconduct with a client during the professional relationship commits a felony. The giving of consent by the client for any such conduct is not a defense to the offenses. (d) For purposes of subsection (c): (1) "Sexual misconduct" means any sexual activity as defined in paragraphparagraph (2)a licensee and a patient or client, regardless of the consent of the patient. The term does not include an act done for a bona fide medical purpose. (2) "Sexual activity" means: (A) Fondling the genital area, groin, inner thighs, buttocks, or breasts of a person. (B) The oral, anal, or vaginal penetration by or union with the sexual organ of another or the anal or vaginal penetration of another by any other object. (C) Intentionally touching in a lewd or lascivious manner the breasts, genitals, the genital area, or buttocks, or the clothing covering them, of a person, or forcing or enticing a person to touch the perpetrator. (D) Intentionally masturbating in the presence of another person. (E) Intentionally exposing the genitals in a lewd or lascivious manner in the presence of another person. (F) Intentionally committing any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim. (e) The Board may through the Attorney General proceed in the Superior Court to enjoin any unlicensed persons from violating the provisions of this chapter. The Board is not required to post bond at such proceeding. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 255-257.

(a) Any individual, or employer of the individual, who is licensed under this chapter may not charge a client or receive remuneration for professional services unless before the performance of those services, the client is furnished a copy of a Professional Disclosure Statement. The Professional Disclosure Statement must be displayed in an open location at the place where the services are performed, and a copy of the statement must be provided to the client upon request. (b) The Professional Disclosure Statement must contain: (1) The name, title, business address, and business telephone number of the professional counselor performing the services; (2) The formal professional education of the professional counselor, including the institutions attended and the degrees received from them; (3) The professional counselor's philosophy of counseling, areas of specialization, and the services provided; (4) in the case of a person licensed under this chapter who is engaged in a private individual practice, partnership, or group practice, the person's schedule listed by type of service or hourly rate; and (5) at the bottom of the first page of the disclosure a statement stating: "This information is required by the Board of Licensed Counselors and Examiners, which regulates all licensed counselors"; and (6) The address and telephone number of Board. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 257.

If any provision of this chapter, or application of any provision of this chapter to any person, thing or circumstance, is determined by any court of competent jurisdiction to be invalid, the determination of invalidity does not affect, impair, or invalidate the other provisions, or the application of the other provisions of this chapter which can be given effect without the invalid provision or application, and to effect this purpose the provisions of this chapter are severable. History: Added Jan. 26, 2016, No. 7827, § 2, Sess. L. 2015, p. 257.

History: Repealed. June 7, 1957, No. 194, § 3, Sess. L. 1957, p. 92; June 11, 1957, No. 201, § 21, Sess. L. 1957, p. 116. Cite as: 27 V.I.C. § 222 - 229

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

History: Repealed. May 16, 2014, No. 7596, § 4, Sess. L. 2014, p. 91.

When used in this chapter, the following terms have the meanings indicated: (a) "AICPA" means the American Institute of Certified Public Accountants. (b) "Attest" means providing the following services: (1) any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS); (2) any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS); (3) any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE); (4) any engagement to be performed in accordance with the standards of the PCAOB; or (5) any examination, review, or agreed upon procedures engagement to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE), other than an examination described in subsection (b)(3). The standards specified in this definition shall be adopted by reference by the Board pursuant to rulemaking and shall be those developed for general application by recognized national accountancy organizations, such as the AICPA and the PCAOB. (c) "Board" means the Virgin Islands Board of Accountancy established under section 250a of this chapter. (d) "Certificate" means a certificate as "certified public accountant" issued under section 250c of this chapter or corresponding provisions of prior law, or a corresponding certificate as certified public accountant issued after examination under the law of any other state. (e) "Client" means a person or entity that agrees with a licensee or licensee's employer to receive any professional service. (f) "Compilation" means providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS) that is presenting in the form of financial statements, information that is the representation of management (owners) without undertaking to express any assurance on the statements. (g) "CPA Firm" means a sole proprietorship, a corporation, a partnership or any other form of organization issued a permit under section 250d of this chapter. (h) "Home office" means the location specified by the client as the address to which a service described in section 250q(a)(3) is directed. (i) "Manager" means a manager of a limited liability company. (j) "Member" means a member of a limited liability company. (k) "NASBA" means the National Association of State Boards of Accountancy. (l) "PCAOB" means the Public Company Accounting Oversight Board. (m) "Peer Review" means a study, appraisal, or review of one or more aspects of the professional work of a certificate holder or CPA firm that issues attest or compilation reports, by a person or persons who hold certificates and who are not affiliated with the certificate holder or CPA firm being reviewed. (n) "Permit" means a certificate issued under section 250c of this chapter, a permit to practice as a CPA firm issued under section 250d; or in each case, a certificate or permit issued under corresponding provisions of prior law or the laws of other states. (o) "Permittee" means the holder of a permit as defined in section 250(n). (p) "Principal place of business" means the office location designated by the licensee for purposes of substantial equivalency and reciprocity. (q) "Professional" means arising out of or related to the specialized knowledge or skills associated with CPAs. (r) "Report," when used with reference to financial statements, means an opinion, report, or other form of language that states or implies assurance as to the reliability of any financial statements and which also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself. The term, "report", includes any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the financial statements referred to and/or special competence on the part of the person or firm issuing such language; and it includes any other form of language that is conventionally understood to imply such assurance and/or such special knowledge or competence. (s) "Rule" means any rule, regulation, or other written directive of general application duly adopted by the Board. (t) "State" means any state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Guam; except that "this State" means the Territory of the Virgin Islands. (u) "Substantial equivalency" means a determination by the board of accountancy or its designee that the education, examination and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed the education, examination and experience requirements contained in the Uniform Accountancy Act or that an individual CPA's education, examination and experience qualifications are comparable to or exceed the education, examination and experience requirements contained in the Uniform Accountancy Act, with Board's taking into account the qualifications without regard to the sequence in which experience, education, or examination requirements were attained. (v) "Territory" means the Virgin Islands. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 62-65.

(a) There is established the Virgin Islands Board of Public Accountancy within the Department of Licensing and Consumer Affairs. The Board consists of five members, all of whom must be residents of this Territory, appointed by the Governor, with the advice and consent of the Legislature. Two members shall reside on the island of St. Croix, two members shall reside on the island of St. Thomas and one member shall reside on the island of St. John. Members of the Board shall hold certified public accountant certificates issued under the laws of the Virgin Islands, must be in active practice as certified public accountants. However, whenever there are no certified public accountants in active practice available in the Virgin Islands in sufficient number to meet the foregoing requirements for constituting the Board, inactive certified public accountants who otherwise qualify may be appointed. Of the members first to be appointed to the Board, two shall hold office for one year, two for two years, and one for three years, from the effective date of this chapter. The Governor shall designate the term of each initial member. Their successors shall serve terms of three years. The Governor shall fill vacancies occurring during a term by appointment for the unexpired term. Upon the expiration of a member's term of office, the member shall continue to serve until the member's successor has been appointed and qualified. The Governor shall remove from the Board any member whose permit to practice has become void, revoked or suspended, and may, after hearing, remove any member of the Board for neglect of duty or other just cause. (b) The Board shall elect annually, from among its members, a president, secretary, and treasurer. The Board may adopt, and amend from time to time, regulations for the orderly conduct of its affairs and for the administration of this chapter. A majority of the Board shall constitute a quorum for the transaction of business. The Board shall have a seal that must be judicially noticed. The Board shall keep records of its proceedings. In any proceeding in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of the records certified as correct under the seal of the Board are admissible in evidence as tending to prove the content of the records. The Board shall publish annually a register that must contain the names of all permittees to practice under this chapter, the names of the members of the Board and such other matters as may be considered proper by the Board. The Board may employ such personnel and arrange for such assistance as it may require for the performance of its duties. (c) Members of the Board may be paid a stipend for the time spent in the discharge of official duties, and each member must be reimbursed for actual and necessary expenses incurred in the discharge of official duties. (d) All fees and other monies received by the Board pursuant to this chapter other than fines collected under section 250g(a) must be kept in a separate fund in the Treasury of the Virgin Islands, and expended solely for the purposes of this chapter. No part of this special fund may revert to the general fund of the Government of the Virgin Islands. All expenses incurred under this chapter must be paid from this special fund. Expenses incurred under this chapter are not charges against the general fund of the Government of the Virgin Islands. The Board shall file an annual report of its activities with the Governor of the Virgin Islands, and such report must include a statement of all receipts and disbursements. (e) The Board may contract with persons or agencies that are not employees or agencies of the Board to implement this chapter and to fulfill the responsibilities of the Board. (f) (1) The Board may take any action that is necessary and proper to effectuate the purposes of this chapter. The Board may: (A) issue subpoenas to compel the attendance of witnesses and the production of documents; to administer oaths; to take testimony; (B) cooperate with the PCAOB and the appropriate territorial and federal regulatory authorities having jurisdiction over the professional conduct in question in investigation and enforcement concerning violations of this chapter and comparable acts of other states; to cooperate in enforcement with appropriate foreign regulatory authorities in instances which have or may result in criminal conviction, loss of license or suspension, admonishment or censure; (C) receive evidence concerning all matters within the scope of this chapter; (D) invoke the aid of any court or other appropriate regulatory authority in case of disobedience to a subpoena requiring the attendance and testimony of witnesses and the production of documentary evidence. (2) For purposes of this subsection, "appropriate foreign regulatory authorities" are those foreign authorities granting substantially equivalent foreign designations in accordance with section 250c(g) of this chapter. (g) The Board, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the Board's responsibilities, and the Territory shall hold the Board, its members, and its agents harmless from all costs, damages, and attorneys' fees arising from claims and suits against them with respect to matters to which such immunity applies. (h) The Board may adopt rules governing its administration and enforcement of this chapter and the conduct of licensees, including but not limited to rules governing: (1) Board meetings and the conduct of its business; (2) Procedures for the conduct of investigations and hearings by the Board; (3) Educational and experience requirements and other qualifications required for the issuance of certificates under section 250c of this chapter and the continuing professional education required for renewal of certificates under section 250c(d); (4) Professional conduct directed to controlling the quality and probity of services by licensees, and dealing among other things with independence, integrity, and objectivity; competence and technical standards; responsibilities to the public; and responsibilities to clients; (5) The professional standards applicable to licensees; (6) The manner and circumstances of use of the titles "certified public accountant" and "CPA"; (7) Peer review that may be required to be performed under provisions of this chapter; (8) Rules on substantial equivalence to implement section 250q; and (9) Such other matters the Board may consider necessary or appropriate for implementing the provisions and the purposes of this chapter. Promulgation of rules must be in accordance with 3 V.I.C. ch. 35. (i) Records, papers, and other documents containing information collected or compiled by the Board, its members, employees, contractors or agents, including its legal counsel, as a result of a complaint, investigation, inquiry, or interview in connection with an application for examination, certification, or registration, or in connection with a permittee's professional ethics and conduct, are not public records within the meaning of this Territory's public records laws. Additionally, any record, paper, or other document received by the Board as a result of a self-reporting requirement are not public records within the meaning of this Territory's public records laws. When any such record, paper, or other document is admitted into evidence in a hearing held by the Board, it then becomes a public record within the meaning of this Territory's public records laws. However, upon a showing of good cause, the administrative law judge at such a hearing may order that confidential or privileged information be redacted or admitted under seal. (1) Notwithstanding any other provision of this chapter, information protected by this confidentiality provision may not be disclosed to other authorities unless the recipient confirms in writing that it shall assure preservation of confidentiality and the permittee has been given reasonable notice that the information will be provided to another entity. (2) Notwithstanding any contrary provision in the Territory's public records law, disclosure of records is not considered public disclosure and does not deprive such records of their confidential status, when the disclosure is to: (A) law enforcement and regulatory authorities and, only to the extent considered necessary to conduct an investigation; (B) the subject of the investigation; (C) persons whose complaints are being investigated; or (D) witnesses questioned in the course of investigation, as provided in section 250h(a). (3) Nothing in this subsection may be construed as a waiver of any privilege, such as attorney-client privilege, which may also apply to any records covered by this subsection. (4) Nothing in this subsection confers confidential status on any record collected under this subsection which was a public record when collected or thereafter becomes a public record through other lawful means. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 65-69.

(a) The Board shall grant a certificate of "certified public accountant" to persons of good moral character who apply for a certificate pursuant to section 250c and meet the education, experience and examination requirements of this section and regulations adopted under this section (b) "Good moral character" for purposes of this section means the propensity to provide professional services in a fair, honest, and open manner. The Board may refuse to grant a certificate on the ground of failure to satisfy this requirement only if there is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a licensee and if the finding by the Board of lack of good moral character is supported by clear and convincing evidence. When an applicant is found to be unqualified for a certificate because of a lack of good moral character, the Board shall furnish the applicant a statement containing the findings of the Board, a complete record of the evidence upon which the determination was based, and a notice of the applicant's right of appeal. (c) During the five-year period immediately following the effective date of this chapter, the education requirements for a certificate are as follows: (1) a baccalaureate degree or its equivalent, including at least 120 semester hours of education conferred by a college or university acceptable to the Board, with an accounting concentration or equivalent as determined by Board rule to be appropriate; or (2) graduation from a college or university recognized by the Board, but if the applicant has not completed the hours of study and subjects specified in Board's regulation, the applicant must have been engaged in the practice of public accounting or in the employ of a public accountant or certified public accountant, for three years preceding the date of application, or employed by the Government of the Virgin Islands or by the federal government as an auditor, or as an internal revenue agent, or in a position of supervisory responsibility over auditors or internal revenue agents for at least three years preceding the date of application. (d) After the expiration of the five-year period immediately following the effective date of this chapter, the applicant must have completed at least 150 semester hours of college education, including a baccalaureate or higher degree conferred by a college or university acceptable to the Board, the total educational program to include an accounting concentration or equivalent as determined by Board rule to be appropriate. However, an individual who has completed a baccalaureate degree or its equivalent, including at least 120 semester hours of education acceptable to the Board, with an accounting concentration or equivalent as determined by Board rule to be appropriate may, sit for the examination required under subsection (e); (e) The examination required to be passed as a condition for the granting of a certificate must be held regularly throughout the year, and must test the applicant's knowledge of the subjects of accounting and auditing, and such other related subjects as the Board may specify by regulations, including but not limited to business law and taxation. The Board shall prescribe by regulations the methods of applying for and conducting the examination, including methods for grading and determining a passing grade required of an applicant for a certificate. However, the Board shall to the extent possible ensure that the examination itself, grading of the examination, and the passing grades, are uniform with those applicable in all other states. The Board may make such use of all or any part of the Uniform Certified Public Accountant Examination and Advisory Grading Service of the American Institute of Certified Public Accountants and may contract with third parties to perform such administrative services with respect to the examination as it considers appropriate to assist it in performing its duties under this section. (f) The Board may charge, or provide for a third party administering the examination to charge, each applicant a fee in an amount prescribed by the Board by rule. (g) An applicant for initial issuance of a certificate under this section shall show that the applicant has had one year of experience. This experience must include providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills all of which were certified by a licensee, meeting requirements prescribed by the Board by rule. This experience is acceptable if it was gained through employment in government, industry, academia or public practice. (h) Any person who holds an individual certificate or permit as of the effective date of this chapter issued pursuant to the laws of this Territory this title, Professions and Occupations, Chapter 5, Public Accounting, is not required to obtain additional permits pursuant to this chapter has same rights and privileges, but is subject to the provisions of this chapter for renewal of permits. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 69-71.

Competency (a) The Board shall grant or renew certificates to persons who make application and demonstrate (i) that their qualifications, including where applicable the qualifications prescribed by section 250b, are in accordance with this section or (ii) that they are eligible under the substantial equivalency standard set out in section 250q(a)(2) of this chapter which requires licensure for those CPAs that establish their principal place of business in another state. The holder of a certificate issued under this section may provide only attest services, as defined, in a CPA firm that holds a permit issued under section 250d of this chapter. (b) Certificates are initially issued and renewed annually, but in any event expire on a specified date following issuance or renewal. Applications for such certificates must be made in such form, and in the case of applications for renewal, between such dates, as the Board shall by rule specify. (c) (1) With regard to applicants that do not qualify for reciprocity under the substantial equivalency standard set out in section 250q(a)(2) of this chapter, the Board shall issue a certificate to a holder of a certificate, license, or permit issued by another state upon a showing that: (A) The applicant passed the uniform CPA examination; (B) The applicant had four years of experience of the type described in section 250b(f) or meets comparable requirements prescribed by the Board by rule, after passing the examination upon which the applicant's certificate was based and within the ten years immediately preceding the application; and (C) If the applicant's certificate, license, or permit was issued more than four years prior to the application for issuance of an initial certificate under this section, that the applicant has fulfilled the requirements of continuing professional education that would have been applicable under subsection (d) of this section. (2) As an alternative to the requirements of paragraphparagraph (1)subsection, a certificate holder licensed by another state who establishes his principal place of business in the Territory shall request the issuance of a certificate from the Board prior to establishing such principal place of business. The Board shall issue a certificate to such person who obtains from the NASBA National Qualification Appraisal Service verification that such individual's CPA qualifications are substantially equivalent to the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act. (3) An application under this section may be made through the NASBA Qualification Appraisal Service. (d) One year from the effective date of this chapter, for renewal of a certificate under this section each permittee shall participate in a program of learning designed to maintain professional competency. Such program of learning must comply with rules adopted by the Board. The Board may by rule create an exception to this requirement for certificate holders who do not perform or offer to perform for the public one or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of one or more kinds of management advisory, financial advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters. Permittees granted such an exception by the Board must place the word "inactive" adjacent to their CPA title or PA title on any business card, letterhead or any other document or device, with the exception of their CPA certificate or PA registration, on which their CPA or PA title appears. (e) The Board shall charge a fee for each application for initial issuance and renewal of a certificate under this section in an amount prescribed by the Board by rule. (f) Applicants for initial issuance or renewal of certificates under this section shall in their applications list all states in which they have applied for or hold certificates, licenses, or permits and list any past denial, revocation or suspension of a certificate, license or permit, and each holder of or applicant for a certificate under this section shall notify the Board in writing, within 30 days after its occurrence, of any issuance, denial, revocation, or suspension of a certificate, license or permit by another state. (g) The Board shall issue a certificate to a holder of a substantially equivalent foreign designation, provided that: (1) The foreign authority that granted the designation makes similar provision to allow a person who holds a valid certificate issued by the Territory to obtain such foreign authority's comparable designation; and (2) The foreign designation: (A) was duly issued by a foreign authority that regulates the practice of public accountancy and the foreign designation has not expired or been revoked or suspended; (B) entitles the holder to issue reports upon financial statements; and (C) was issued upon the basis of educational, examination, and experience requirements established by the foreign authority or by law; and (3) The applicant: (A) received the designation, based on educational and examination standards substantially equivalent to those in effect in this Territory, at the time the foreign designation was granted; (B) completed an experience requirement, substantially equivalent to the requirement set out in section 250b(f), in the jurisdiction which granted the foreign designation or has completed four years of professional experience in this Territory; or meets equivalent requirements prescribed by the Board by regulation within the ten years immediately preceding the application; and (C) passed a uniform qualifying examination in national standards and a Territory specific examination as determined by Board rule. (h) An applicant under subsection (g) of this section shall in the application list all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy, and each holder of a certificate issued under this subsection shall notify the Board in writing, within thirty days after its occurrence, of any issuance, denial, revocation or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction. (i) The Board has the sole authority to interpret the application of the provisions of subsections (g) and (h) of this section. (j) The Board shall by rule require as a condition for renewal of a certificate under this section, by any certificate holder who issues compilation reports for the public other than through a CPA firm, that such individual undergo, no more frequently than once every three years, a peer review conducted in such manner as the Board shall by rule specify, and such review shall include verification that such individual has met the competency requirements set out in professional standards for such services. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 71-74.

and Peer Review (a) The Board shall grant or renew permits to practice as a CPA firm to applicants that demonstrate their qualifications therefore in accordance with this section. (1) The following must hold a permit issued under this section: (A) Any firm with an office in the Territory performing attest services as defined in section 250(b) of this chapter; (B) Any firm with an office in the Territory that uses the title "CPA" or "CPA firm;" or, (C) Any firm that does not have an office in the Territory but performs attest services described in section 250(b)(1), (3) or (4) of this chapter for a client having its home office in the Territory. (2) A firm that does not have an office in the Territory may perform services described in section 250(b)(2) or (f) for a client having its home office in the Territory and may use the title "CPA" or "CPA firm" without a permit issued under this section only if: (A) it has the qualifications described in subsections (c) and (h) of this section; and (B) it performs such services through an individual with practice privileges under section 250q of the chapter. (3) A firm that is not subject to the requirements of subsection (a)(1)(C) or (a)(2) may perform other professional services while using the title "CPA" or "CPA firm" in this Territory without a permit issued under this section only if: (A) it performs such services through an individual with practice privileges under section 250q of the chapter, and (B) it may lawfully do so in the state where the individuals with practice privileges have their principal place of business. (b) Permits are initially issued and renewed annually but in any event expire on a specified date following issuance or renewal. Applications for such certificates must be made in such form, and in the case of applications for renewal, between such dates, as the Board shall by rule specify. (c) An applicant for initial issuance or renewal of a permit to practice under this section shall to show that: (1) Notwithstanding any other provision of law, a simple majority of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members or managers, belongs to holders of a certificate who are licensed in some state, and such partners, officers, shareholders, members or managers, whose principal place of business is in the Virgin Islands, and who perform professional services in this Territory hold a valid certificate issued under section 250c of this chapter or the corresponding provision of prior law. Although firms may include non-permittee owners, the firm and its ownership must comply with rules promulgated by the Board. An individual who has practice privileges under section 250q who performs services for which a firm permit is required under section 250q(a)(3) is not required to obtain a certificate from the Virgin Islands pursuant to section 250c of this chapter. (2) Any CPA or PA firm, as defined in this chapter, may include non-permittee owners if: (A) The firm designates a permittee of the Territory, or in the case of a firm that must have a permit pursuant to section 250q(a)(3), a licensee of another state who meets the requirements set out in section 250q(a)(1) or in section 250q(a)(2), who is responsible for the proper registration of the firm and identifies that individual to the Board; (B) All non-permittee owners are active individual participants in the CPA or affiliated entities; and (C) The firm complies with such other requirements as the Board may impose by rule. (3) Any individual permittee and any individual granted practice privileges under this chapter who is responsible for supervising attest or compilation services and signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm, shall meet the competency requirements set out in the professional standards for such services. (4) Any individual permittee and any individual granted practice privileges under this chapter who signs or authorizes someone to sign the accountants' report on the financial statements on behalf of the firm shall meet the competency requirement of the prior subsection. (d) An applicant for initial issuance or renewal of a permit to practice under this section shall register each office of the firm within the Territory with the Board and to show that all attest and compilation services as defined herein rendered in the Territory are under the charge of a person holding a valid certificate issued under section 250c of this chapter or the corresponding provision of prior law or some other state. (e) The Board shall charge a fee for each application for initial issuance or renewal of a permit under this section in an amount prescribed by the Board by rule. (f) An applicant for initial issuance or renewal of permits under this section shall in the application list all states in which the applicant has applied for or hold permits as CPA firms and list any past denial, revocation or suspension of a permit by any other state. Each holder of or applicant for a permit under this section shall notify the Board in writing, within 30 days after its occurrence, of any change in the identities of partners, officers, shareholders, members or managers whose principal place of business is in this Territory, any change in the number or location of offices within this Territory, any change in the identity of the persons in charge of such offices, and any issuance, denial, revocation, or suspension of a permit by any other state. (g) Firms that fall out of compliance with the provisions of the section due to changes in firm ownership or personnel, after receiving or renewing a permit, shall take corrective action to bring the firm back into compliance as quickly as possible. The Board may grant a reasonable period of time for a firm to take such corrective action. Failure to bring the firm back into compliance within a reasonable period as defined by the Board results in the suspension or revocation of the firm permit. (h) One year from the effective date of this chapter, as a condition to renewal of permits under this section, applicants shall undergo, no more frequently than once every three years, peer reviews conducted in such manner as the Board shall prescribe by rule and such review must include a verification that individuals in the firm who are responsible for supervising attest and compilation services and sign or authorize someone to sign the accountant's report on the financial statements on behalf of the firm meet the competency requirements set out in the professional standards for such services, but any such rule must: (1) be promulgated reasonably in advance of the time when it first becomes effective; (2) include reasonable provision for compliance by an applicant showing that it has, within the preceding three years, undergone a peer review that is a satisfactory equivalent to peer review generally required pursuant to this subsection; (3) require, with respect to any organization administering peer review programs contemplated by paragraph (2), that it be subject to evaluations by the Board or its designee, to periodically assess the effectiveness of the peer review program under its charge. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 74-78.

A person or a firm not a resident of the Territory applying for a certificate under section 250c of this chapter or a permit to practice under section 250d shall appoint a resident agent as permitted by law or Board regulations. The applicant's agent must be a person upon whom process may be served in any action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to services performed by the applicant while a permittee within the Territory. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 78.

Proceedings (a) The Board may initiate proceedings under this chapter either on its own motion or on the complaint of any person. (b) A written notice stating the nature of the charge or charges against the accused and the time and place of the hearing before the Board or its designee on such charges must be served on the accused not less than 30 days prior to the date of the hearing either personally or by mailing a copy thereof by registered mail to the address of the accused last known to the Board. (c) If, after having been served with the notice of hearing as provided for in subsection (b) of this section, the accused fails to appear at the hearing and defend, the Board or its designee may proceed to hear evidence against the accused and may enter such order as justified by the evidence. The order is final unless the accused petitions for a review thereof as provided in this section. However, within 30 days from the date of any order, upon a showing of good cause for failing to appear and defend, the Board or its designee may reopen the proceedings and may permit the accused to submit evidence on the accused's behalf. (d) At any hearing the accused may appear in person and by counsel, produce evidence and witnesses on the accused's own behalf, cross-examine witnesses and examine such evidence as may be produced against the accused. The accused is entitled, on application to the Board, to the issuance of subpoenas to compel the attendance of witnesses on the accused's behalf. (e) The Board or its designee may issue subpoenas to compel the attendance of witnesses and the production of documents, and may administer oaths, take testimony, hear proofs and receive exhibits in evidence in connection with or upon hearing under this chapter. In case of disobedience to a subpoena the Board may invoke the aid of any court of the Virgin Islands in requiring the attendance and testimony of witnesses and the production of documentary evidence. (f) The Board is not bound by technical rules of evidence. (g) A transcript of the hearing must be kept and filed with the Board. (h) At all hearings the Attorney General for the Virgin Islands or the Attorney General's designee shall appear and represent the Board. (i) The decision of the Board must be by the majority vote of the Board. (j) Any person adversely affected by any order of the Board may obtain a review of the order by filing a written petition for review with the Superior Court within 30 days after the entry of the order. The petition must state the grounds upon which the review is asked and must pray that the order of the Board be modified or set aside in whole or in part. A copy of such petition must be forthwith served upon any member of the Board and thereupon the Board shall certify and file in the court a transcript of the record, upon which the order complained of was entered. The case must then be tried de novo on the record but the parties must be permitted to file briefs as in an ordinary case at law. The Court may affirm, modify or set aside the Board's order in whole or in part, or may remand the case to the Board for further evidence and may in its discretion stay the effect of the Board's order pending its determination of the case. The court's decision has the force of a decree in equity. (k) In any case where the Board renders an order imposing discipline against a permittee or an individual granted privileges under section 250q of this chapter, the Board shall examine its records to determine whether the individual or firm holds a license or practice privilege in any other state or is subject to the PCAOB's authority; and if so, the Board shall notify the State Boards of Accountancy and any other regulatory authorities, including the PCAOB if applicable, of its decision immediately in the case of a consent order and in all other cases when the time for giving notice of an appeal from the Board's order has expired. The notice must indicate whether or not the subject order has been appealed and whether or not the subject order has been stayed. In the alternative, the Board may report such disciplinary actions to a multistate enforcement information network. Subject to section 250a(i) of this chapter, the Board may also furnish investigative information and the hearing record relating to proceedings resulting in disciplinary action in such cases to such other regulatory authorities upon request. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 78-80.

(a) After notice and hearing pursuant to this chapter, the Board may revoke any permit issued under sections 250c or 250d of this chapter or corresponding provisions of prior law or revoke or suspend any such permit, or refuse to renew any such permit for a period of not more than five years, reprimand, censure, or limit the scope of practice of any permittee; impose an administrative fine not exceeding $10,000 per violation; limit or revoke the practice privileges, and impose an administrative fine not exceeding $10,000 per violation of any individual under section 250q of this chapter, or place any permittee on probation, all with or without terms, conditions, and limitations, for any one or more of the following reasons: (1) Dishonesty, fraud or deceit in obtaining a permit; (2) Cancellation, revocation, suspension or refusal to renew a permit or privileges under section 250q for disciplinary reasons in any other state for any cause; (3) Failure, on the part of a permittee under sections 250c or 250d, to maintain compliance with the requirements for issuance or renewal of such certificate or permit to report changes to the Board under sections 250c(f) or 250d(f); (4) Revocation or suspension of the right to practice by any state or federal regulatory authority or by the PCAOB; (5) Dishonesty, fraud, deceit or gross negligence in the performance of services as a permittee or individual granted privileges under section 250q or in the filing or failure to file one's own income tax returns; (6) Violation of any provision of this chapter or rule promulgated by the Board under this chapter or violation of professional standards; (7) Violation of any rule of professional conduct promulgated by the Board under section 250a(g) of this chapter; (8) Conviction of a felony, or of any other crime an element of which is dishonesty, fraud or deceit, under the laws of the United States, of the Territory, or of any state, if the acts involved would have constituted a crime under the laws of the Virgin Islands; (9) Performance of any fraudulent act while holding a permit or privilege issued under this chapter or prior law; (10) Any conduct reflecting adversely upon the permittee's fitness to perform services while a permittee, or individual granted privileges under section 250q; or (11) Making any false or misleading statement or verification, in support of an application for a permit filed by another. (b) Fines as assessed under subsection (a) must be deposited in the Consumer Protection Fund of the Department of Licensing & Consumer Affairs. Recovered costs as assessed under subsection (a) must be deposited in the Virgin Islands Board of Public Accountancy Fund. (c) In lieu of or in addition to any remedy specifically provided in subsection (a) of this section, the Board may require of a permittee either or both of the following: (1) A peer review conducted in such fashion as the Board may specify; and (2) Satisfactory completion of such continuing professional education programs as the Board may specify. (d) In any proceeding in which a remedy provided by subsections (a) or (c) of this section is imposed, the Board may also require the respondent permittee to pay the costs of the proceeding. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 80-81.

(a) The Board or its designee may, upon receipt of a complaint or other information suggesting violations of this chapter or of the rules of the Board, conduct investigations to determine whether there is probable cause to institute proceedings under sections 250f, 250k, or 250l of this chapter against any person or firm for such violation, but an investigation under this section is not a prerequisite to such proceedings if a determination of probable cause can be made without investigation. In aid of such investigations, the Board or the chairperson, or a designee may issue subpoenas to compel witnesses to testify and produce evidence, or both testify and produce evidence. (b) The Board may designate a member, or any other person of appropriate competence, to serve as investigating officer to conduct an investigation. Upon completion of an investigation, the investigating officer shall file a report with the Board. The Board shall find probable cause or lack of probable cause upon the basis of the report or shall return the report to the investigating officer for further investigation. Unless there has been a determination of probable cause, the report of the investigating officer, the complaint, if any, the testimony and documents submitted in support of the complaint or gathered in the investigation, and the fact of pendency of the investigation must be treated as confidential information and must not be disclosed to any person except law enforcement authorities and, to the extent deemed necessary in order to conduct the investigation, the subject of the investigation, persons whose complaints are being investigated, and witnesses questioned in the course of the investigation. (c) Upon a finding of probable cause, if the subject of the investigation is a permittee or an individual with privileges under section 250q of this chapter, the Board shall direct that a complaint be issued under section 250f of this chapter, and if the subject of the investigation is not a permittee or an individual with privileges under section 250q, the Board shall take appropriate action under sections 250k or 250l of this chapter. Upon a finding of no probable cause, the Board shall close the matter and shall thereafter release information relating thereto only with the consent of the person or firm under investigation. (d) The Board may review the publicly available professional work of permittees or an individual with privileges under section 250q of this chapter on a general and random basis, without any requirement of a formal complaint or suspicion of impropriety. If as a result of such review the Board discovers reasonable grounds for a more specific investigation, the Board may proceed under subsections (a) through (c) of this section. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 82-83.

(a) In any case where the Board has suspended or revoked a certificate or a permit or revoked or limited privileges under section 250q or refused to renew a certificate, permit, the Board may, upon application in writing by the person or firm affected and for good cause shown, modify the suspension, or reissue the certificate, permit, or registration or remove the limitation or revocation of privileges under section 250q. (b) The Board shall by rule specify the manner in which such applications must be made, the times within which they must be made, and the circumstances in which hearings must be held thereon. (c) Before reissuing, or terminating the suspension of, a certificate or permit under this section or of privileges under section 250q, and as a condition thereto, the Board may require the applicant therefor to show successful completion of specified continuing professional education; and the Board may make the reinstatement of a certificate, permit or registration or of privileges under section 250q conditional and subject to satisfactory completion of a peer review conducted in such fashion as the Board may specify. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 83.

(a) Only permittees and individuals who have practice privileges under section 250q of this chapter may issue a report on financial statements of any person, firm, organization, or governmental unit or offer to render or render any attest or compilation service, as defined herein. This restriction does not prohibit any act of a public official or public employee in the performance of that person's duties as such; or prohibit the performance by any non-permittees of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports thereon. Non-permittees may prepare financial statements and issue non- attest transmittals or information thereon which do not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS). (b) Permittees and individuals who have practice privileges under section 250q of this chapter performing attest or compilation services shall provide those services in accordance with applicable professional standards. (c) A person who does not hold a valid certificate or a practice privilege pursuant to section 250q of this chapter may not use or assume the title "certified public accountant", or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such person is a certified public accountant. (d) No firm may provide attest services or assume or use the title "certified public accountants", or the abbreviation "CPAs", or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such firm is a CPA firm unless (1) the firm holds a valid permit issued under section 250d of this chapter, and (2) ownership of the firm is in accord with this Act and rules promulgated by the Board. (e) A person or firm that does not hold a valid certificate, permit or registration issued under sections 250c or 250d of this chapter may not assume or use the title "certified accountant", "chartered accountant", "enrolled accountant", "licensed accountant", "registered accountant", "accredited accountant", or any other title or designation likely to be confused with the titles "certified public accountant" or "public accountant", or use any of the abbreviations "CA", "LA", "RA", "AA", or similar abbreviation likely to be confused with the abbreviations "CPA" or "PA." The title "Enrolled Agent" or "EA" may be used only by individuals so designated by the Internal Revenue Service. (f) (1) Non-permittees may not use language in any statement relating to the financial affairs of a person or entity that is conventionally used by permittees in reports on financial statements. In this regard, the Board shall issue safe harbor language non-permittees may use in connection with such financial information. (2) A person or firm that does not hold a valid certificate or permit issued under sections 250c or 250d of this chapter may not assume or use any title or designation that includes the words "accountant", "auditor", or "accounting", in connection with any other language, including the language of a report, which implies that such person or firm holds such a certificate or permit or has special competence as an accountant or auditor, provided. However, this subsection does not prohibit any officer, partner, member, manager or employee of any firm or organization from affixing that person's own signature to any statement in reference to the financial affairs of such firm or organization with any wording designating the position, title, or office that the person holds therein nor prohibit any act of a public official or employee in the performance of the person's duties as such. (g) No person holding a certificate or firm holding a permit under this chapter may use a professional or firm name or designation that is misleading about the legal form of the firm, or about the persons who are partners, officers, members, managers or shareholders of the firm, or about any other matter. However, names of one or more former partners, members, managers or shareholders may be included in the name of a firm or its successor. A common brand name, including common initials, used by a CPA Firm in its name, is not misleading if the firm is a Network Firm, as defined in the AICPA Code of Professional Conduct ("Code") and, when offering or rendering services that require independence under AICPA standards, the firm must comply with the Code's applicable standards on independence. (h) None of the foregoing provisions of this section has any application to a person or firm holding a certification, designation, degree, or license granted in a foreign country entitling the holder thereof to engage in the practice of public accountancy or its equivalent in such country, whose activities in this Territory are limited to the provision of professional services to persons or firms who are residents of, governments of, or business entities of the country in which the person holds such entitlement, who performs no attest or compilation services as defined and who issues no reports with respect to the financial statements of any other persons, firms, or governmental units in this Territory and who does not use in the Territory any title or designation other than the one under which the person practices in such country, followed by a translation of such title or designation into the English language, if it is in a different language, and by the name of such country. (i) No holder of a certificate issued under section 250c of this chapter may perform attest services through any business form that does not hold a valid permit issued under section 250d of this chapter. (j) No individual permittee may issue a report in standard form upon a compilation of financial information through any form of business that does not hold a valid permit issued under section 250d of this chapter unless the report discloses the name of the business through which the individual is issuing the report, and the individual: (1) signs the compilation report identifying the individual as a CPA; (2) meets the competency requirement provided in applicable standards; and (3) undergoes no less frequently than once every three years, a peer review conducted in such manner as the Board shall by rule specify, and such review must include verification that such individual has met the competency requirements set out in professional standards for such services. (k) Nothing herein prohibits a practicing attorney or firm of attorneys from preparing or presenting records or documents customarily prepared by an attorney or firm of attorneys in connection with the attorney's professional work in the practice of law. (l) (1) A permittee may not for a commission recommend or refer to a client any product or service, or for a commission recommend or refer any product or service to be supplied by a client, or receive a commission, when the licensee also performs for that client: (A) An audit or review of a financial statement; or (B) A compilation of a financial statement when the permittee expects, or reasonably might expect, that a third party will use the financial statement and the permittee's compilation report does not disclose a lack of independence; or (C) An examination of prospective financial information. (2) This prohibition applies during the period in which the permittee is engaged to perform any of the services listed in paragraph (1), andparagraph (1)overed by any historical financial statements involved in such listed services. (3) A permittee who is not prohibited by this section from performing services for or receiving a commission and who is paid or expects to be paid a commission shall disclose that fact to any person or entity to whom the permittee recommends or refers a product or service to which the commission relates. (4) Any permittee who accepts a referral fee for recommending or referring any service of a permittee to any person or entity or who pays a referral fee to obtain a client shall disclose such acceptance or payment to the client. (m) (1) A permittee may not: (A) perform for a contingent fee any professional services for, or receive such a fee from a client for whom the permittee or the permittee's firm performs: (i) An audit or review of a financial statement; (ii) A compilation of a financial statement when the permittee expects, or reasonably might expect, that a third party will use the financial statement and the permittee's compilation report does not disclose a lack of independence; or (iii) An examination of prospective financial information; or (B) Prepare an original or amended tax return or claim for a tax refund for contingent fee for any client. (2) The prohibition in paragraphparagraph (1) applies during the period in which the permittee is engaged to perform any of the services listed above and the period covered by any historical financial statements involved in any such listed services. (3) Except as stated in the next sentence, a contingent fee is a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of such service. Solely for purposes of this section, fees are not regarded as being contingent if fixed by courts or other public authorities, or, in tax matters, if determined based on the results of judicial proceedings or the findings of governmental agencies. A permittee's fees may vary depending, on the complexity of services rendered. (n) Notwithstanding provision to the contrary in this section, it is not a violation of this section for a firm that does not hold a valid permit under section 250d of this chapter and that does not have an office in the Territory to provide its professional services in the Territory so long as the firm complies with the requirements of section 250d(a)(2) or (3), whichever is applicable. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 83-88.

Whenever, as a result of an investigation under section 250h of this chapter or otherwise, the Board believes that any person or firm has engaged, or is about to engage, in any acts or practices that constitute or will constitute a violation of section 250j of this chapter, the Board may make application to the appropriate court for an order enjoining such acts or practices, and upon a showing by the Board that such person or firm has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order, or other order as may be appropriate shall be granted by such court. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 88.

Any person who violates any provision of this chapter, is guilty of a misdemeanor, and upon conviction thereof, is subject to a fine of not more than $2,000, or to imprisonment for not more than one year, or to both such fine and imprisonment. Whenever the Board has reason to believe that any person is liable to punishment under this section, it may certify the facts to the Attorney General of the Virgin Islands, who may in his discretion, cause appropriate proceedings to be brought. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 88.

In any action brought under sections 250f, 250k or 250l of this chapter, evidence of the commission of a single act prohibited by this chapter is sufficient to justify a penalty, injunction, restraining order, or conviction, respectively, without evidence of a general course of conduct. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 88.

Except by permission of the client for whom a permittee performs services or the heirs, successors, or personal representatives of such client, a permittee under this chapter, may not voluntarily disclose information communicated to the permittee by the client relating to and in connection with services rendered to the client by the permittee. Such information is deemed confidential, but nothing herein may be construed as prohibiting the disclosure of information required to be disclosed by the standards of the public accounting profession in reporting on the examination of financial statements or as prohibiting compliance with applicable laws, government regulations or PCAOB requirements, disclosures in court proceedings, in investigations or proceedings under sections 250f or 250h of this chapter, in ethical investigations conducted by private professional organizations, or in the course of peer reviews, or to other persons active in the organization performing services for that client on a need to know basis or to persons in the entity who need this information for the sole purpose of assuring quality control. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 88-89.

All statements, records, schedules, working papers and memoranda made by a certified public accountant or public accountant incident to or in the course of professional service to clients by such certified public accountant or public accountant, except reports submitted by a certified public accountant or public accountant to a client, are and remain the property of such certified public accountant or public accountant, in the absence of an express agreement between the certified public accountant or public accountant and the client to the contrary. No such statement, record, schedule, working paper or memorandum may be sold, transferred or bequeathed, without the consent of the client or the client's personal representative or assignee, to anyone other than one or more surviving partners or new partners of such accountant. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 89.

(a) This section applies to all causes of action of the type specified herein filed on or after the effective date. (b) This section governs any action based on negligence brought against any accountant or firm of accountants practicing in this State by any person or entity claiming to have been injured as a result of financial statements or other information examined, compiled, reviewed, certified, audited or otherwise reported or opined on by the defendant accountant or in the course of an engagement to provide other services. (c) No action covered by this section may be brought unless: (1) The plaintiff: (A) is issuer or successor of the issuer, of the financial statements or other information examined, compiled, reviewed, certified, audited or otherwise reported or opined on by the defendant; and (B) engaged the defendant licensee to examine, compile, review, certify, audit or otherwise report or render an opinion on such financial statements or to provide other services; or (2) The defendant permittee or firm: (A) was aware at the time the engagement was undertaken that the financial statements or other information were to be made available for use in connection with a specified transaction by the plaintiff who was specifically identified to the defendant accountant; (B) was aware that the plaintiff intended to rely upon such financial statements or other information in connection with the specified transaction; and (C) had direct contact and communication with the plaintiff and expressed by words or conduct the defendant accountant's understanding of the reliance on such financial statements or other information. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 89-90.

(a) (1) An individual whose principal place of business is not in this Territory and who holds a valid license as a Certified Public Accountant from any state that the NASBA National Qualification Appraisal Service has verified to be in substantial equivalence with the CPA licensure requirements of the AICPA/NASBA UniforAICPA/NASBA Uniform Accountancy Acto have qualifications substantially equivalent to this State's requirements and shall have all the privileges of permittees of this Territory without the need to obtain a permit under sections 250c or 250d. Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person, by mail, telephone or electronic means, under this section must be granted practice privileges in this Territory, and no notice or other submission must be provided by any such individual. Such an individual is subject to the requirements in paragraph (3) of tparagraph (3)n. (2) An individual licensee of another state exercising the privilege afforded under this section and the firm that employs that licensee hereby simultaneously consents, as a condition of the grant of this privilege: (A) to the personal and subject matter jurisdiction and disciplinary authority of the Board, (B) to comply with this chapter and the Board's rules; (C) to the condition that if the license from the state of the individual's principal place of business is no longer valid, the individual shall cease offering or rendering professional services in the Virgin Islands individually and on behalf of a firm; and (D) to the appointment of the State Board that issued their license as their agent upon whom process may be served in any action or proceeding by this Board against the licensee. (3) An individual who has been granted practice privileges under this section and who for any entity with its home office in the Territory, performs any of the services listed in subparagraphs (A) through (C) may practice only through a firm that has obtained a permit issued under section 250d of this chapter. Those services are: (A) Any financial statement audit or other engagement to be performed in accordance with Statements on Auditing Standards; (B) Any examination of prospective financial information to be performed in accordance with Statements on Standards for Attestation Engagements; or (C) Any engagement to be performed in accordance with PCAOB auditing standards; (b) A permittee of the Territory offering or rendering services or using its CPA title in another state is subject to disciplinary action in the Territory for an act committed in another state for which the licensee would be subject to discipline for an act committed in the other state. Notwithstanding section 250h(a), the Board shall investigate any complaint made by the board of accountancy of another state. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 90-91.

If any provision of this chapter or the application thereof to any person or entity or in any circumstances is held invalid, the remainder of the chapter and the application of such provision to others or in other circumstances shall not be affected thereby. History: Added May 16, 2014, No. 7596, § 3, Sess. L. 2014, p. 91.

History: Repealed. Apr. 11, 2022, No. 8554, § 2, Sess. L. 2022, p. 110.

History: Repealed. Apr. 11, 2022, No. 8554, § 2, Sess. L. 2022, p. 110.

History: Repealed. Apr. 11, 2022, No. 8554, § 2, Sess. L. 2022, p. 110.

History: Repealed. Apr. 11, 2022, No. 8554, § 2, Sess. L. 2022, p. 110.

History: Repealed. Apr. 11, 2022, No. 8554, § 2, Sess. L. 2022, p. 110.

History: Repealed. Apr. 11, 2022, No. 8554, § 2, Sess. L. 2022, p. 110.

History: Repealed. Apr. 11, 2022, No. 8554, § 2, Sess. L. 2022, p. 110.

History: Repealed. July 1, 2012, No. 7337, § 1(f), Sess. L. 2011, p. 332.

History: Repealed. Apr. 11, 2022, No. 8554, § 2, Sess. L. 2022, p. 110.

History: Repealed. Apr. 11, 2022, No. 8554, § 2, Sess. L. 2022, p. 110.

History: Repealed. Apr. 11, 2022, No. 8554, § 2, Sess. L. 2022, p. 110.

History: Repealed. Apr. 11, 2022, No. 8554, § 2, Sess. L. 2022, p. 110.

History: Repealed. Apr. 11, 2022, No. 8554, § 2, Sess. L. 2022, p. 110.

History: Repealed. Apr. 11, 2022, No. 8554, § 2, Sess. L. 2022, p. 110.

In order to safeguard life, health, and property and to promote the public welfare, any person practicing or offering to practice architecture, engineering, or land surveying shall hereafter be required to submit evidence that he is qualified so to practice and shall be licensed as hereinafter provided. History: Added May 8, 1968, No. 2184, § 2, Sess. L. 1968, Pt. I, p. 475.

The following terms as used in this chapter, unless the context otherwise requires, are defined as follows: (a) Architect. An architect is one who, by reason of his special knowledge of aesthetics, structural principles, and design, acquired by architectural education and architectural experience, is qualified to practice architecture, as hereinafter defined, and as attested by his licensure as an architect. (b) Architect-in-training. An architect-in-training means one who is a candidate for licensure as a professional architect, who has been granted a certificate as an architect-in-training by reason of graduation from an approved institution or college, or after successfully passing the prescribed written examination in fundamental subjects in architecture, and who shall be eligible upon the completion of the requisite years of experience in architecture, under the supervision of a professional architect, or similarly qualified architect, for the final examination prescribed for licensure as a professional architect. (c) Practice of architecture. The practice of architecture means the professional service of an architect, as defined above, and shall be any service or creative work, the adequate performance of which requires architectural education, training, and experience in analysis, logical planning, and designing of essential elements of buildings and their environments and providing space for human use, and supervision or inspection of construction for the purpose of assuring compliance with the design. (d) Engineer. An engineer means a person who, by reason of his special knowledge and use of mathematical, physical, and engineering science and principles and methods of engineering experience, is qualified to practice engineering, as hereinafter defined, and as attested by his licensure as an engineer. (e) Engineer-in-training. An engineer-in-training means one who is a candidate for licensure as a professional engineer, who has been granted a certificate as an engineer-in-training by reason of graduation from an approved institution or college, or after successfully passing the prescribed written examination in fundamental engineering subjects, and who shall be eligible upon the completion of the requisite years of experience in engineering, under the supervision of a professional engineer, or similarly qualified engineer, for the final examination prescribed for licensure as a professional engineer. (f) Practice of engineering. The practice of engineering means any service or creative work of an engineer, as defined above, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of mathematical, physical, and engineering science to such services or creative work as consultation, investigation, evaluations, survey, planning, and designing of engineering systems and supervision or inspection of construction for the purpose of assuring compliance with the design and plans. Any graduate civil engineer from a recognized college or university is hereby included in the practice of land surveying as defined in subsection (h) of this section. (g) Land surveyor. A land surveyor means any person who by virtue of his special knowledge of surveying and mathematics and the principles and methods used in surveying experience, is qualified to practice surveying, as hereinafter defined, and as attested by his licensure as a surveyor. (h) Practice of land surveying. The practice of land surveying means the professional service of a land surveyor, as defined above, and shall be the responsibility for and/or execution of the surveying of areas for the correct determination and description and for conveyance; the establishment of corners, lines, boundaries, and monuments; the platting of land and subdivisions thereof including, as required, the functions of topography, grading, drainage, and extension of sewer and water lines; the defining and location of corners, lines, boundaries, and monuments of land after they have been established; and preparing the maps, and accurate records and descriptions thereof. (i) Practice or offer to practice. A person shall be considered as practicing or offering to practice architecture, engineering, or land surveying, as the case may be, within the meaning and intent of this chapter, if he is engaged in the actual performance of any service or work embraced in the definitions pertinent to the respective fields under this chapter (including any branch of such profession or field, except general or specialized construction contracting and draftsmanship); or who by verbal claims, sign, advertisement, letterhead, card, or in any other way represents himself to be an architect, engineer, or land surveyor, or through the use of some other title implies that he is an architect, engineer, or land surveyor or that he is licensed under this chapter; or who holds himself out to be able to perform, or who does perform, service or work recognized as architectural, engineering, or land surveying services or work. (j) Board. The term Board means the Virgin Islands Board for Architects, Engineers, and Land Surveyors, established by this chapter. History: Added May 8, 1968, No. 2184, § 2, Sess. L. 1968, Pt. I, p. 475; amended Sept. 18, 1969, No. 2564, § 1, Sess. L. 1969, p. 297; June 24, 1987, No. 5265, § 704(1), Sess. L. 1987, p. 78.

(a) The Virgin Islands Board of Architects, Engineers and Land Surveyors, heretofore established within the Department of Public Works, is reestablished within the Department of Licensing and Consumer Affairs. The Board shall consist of the Commissioner of the Department of Licensing and Consumer Affairs (or his designee) as an ex officio member, and six other members appointed by the Governor with the advice and consent of the Legislature. Each appointed member shall be a resident of the Virgin Islands and shall have been engaged in the practice of architecture, engineering, or surveying in the Virgin Islands for at least three consecutive years prior to the date of appointment. At least two of the members shall be architects and at least two shall be engineers. Not more than three members shall reside on the same island. (b) The Governor shall make initial appointments to the Board within thirty days after June 24, 1987, two members to be appointed for initial terms of one year, two members for initial terms of two years, and two members for initial terms of three years. Thereafter, all members shall serve for terms of three years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Each member shall serve until the appointment and qualification of his successor. (c) The Board shall annually elect one of its members to serve as Chairman, provided that the Governor shall designate the Chairman of the Board initially appointed under this section. The Commissioner shall serve as Secretary of the Board. (d) The members of the Board shall serve without compensation, but the provisions of Title 3, section 65, VIC, shall apply to such members. (e) The members may be removed by the Governor for cause. (f) In addition to any other powers and duties that may be provided for by law, the Board shall administer the provisions of this chapter and, except as otherwise specifically provided and without limitation on the generality of the foregoing, shall: (1) adopt an official seal; (2) subpoena witnesses and administer oaths; (3) keep records of its proceedings; (4) issue, suspend, revoke, refuse to renew, or reinstate licenses as provided in this chapter; (5) submit to the Governor an Annual Report containing a summary of works, a register of all persons licensed under the provisions of this chapter and, if a license is conditional as permitted and provided by section 283a herein, a notation to that effect, a separate register of all persons seeking licensure under this chapter, and such other data as the Governor may request or as may be deemed proper by the Board; (6) cause to be published from time to time, not less frequently than twice a year, a list of the names and addresses of all engineers, architects, and surveyors licensed under the provisions of this chapter and, if such license is conditional, a notation to that effect. Copies of said list shall be forwarded by the Board to the Office of the Lieutenant Governor and any other person or entity requesting the same; and (7) adopt, amend and repeal rules and regulations and bylaws, not inconsistent with the provisions of this chapter or of other pertinent law, relating to the organization and operation of the Board, and the licensing under this chapter, of architects, engineers and land surveyors upon finding that such are necessary for the furtherance of the provisions of this chapter, which rules, regulations, or bylaws when approved by the Governor shall be deemed to be a part of and of the same effect as this chapter. (8) review applicable, national professional code revisions and make recommendations to the Governor and the Legislature on their appropriateness for adoption. History: Added June 24, 1987, No. 5265, § 704(2), Sess. L. 1987, p. 78; amended Nov. 23, 2004, No. 6697, § 2, Sess. L. 2004, p. 233.

No person may be licensed as an engineer, architect, or land surveyor unless such person submits satisfactory proof to the Board that he (1) is at least at the age of twenty-one years; (2) is a citizen of the United States and has been a resident of the Virgin Islands for at least one year previous to the date of application; (3) is of good moral character; and (4) further qualifies under one of the following provisions: (a) Architect, engineer, or land surveyor: Licensure by Reciprocity. A person holding a valid license or certificate of registration as an architect, engineer, or land surveyor on the basis of comparable requirements, issued to him by a state or territory or the District of Columbia of the United States, or by a foreign country with a national registration board of scope and standing corresponding to the National Council of Architectural Registration Boards and the National Council of State Boards of Engineering Examiners, and who otherwise meets the requirements of this chapter, based on satisfactory proof, may, upon application be registered respectively as an architect, engineer, or land surveyor in the Virgin Islands without further examination. In carrying into effect this subdivision the Board in its discretion may enter into agreements for reciprocity with the National Council of Architectural Registration Boards or the National Council of State Boards of Engineering Examiners and with states under such rules and regulations as the Board may prescribe. (b) Same: Graduation, experience, and examination. A graduate from an accredited architectural, engineering, or land surveying curriculum of four years or more, approved by the Board as being of satisfactory standing, and with a record of an additional two years or more of specific and active experience in architecture, engineering, or land surveying, shall be admitted to an examination equivalent to that required by the National Council of Architectural Registration Boards and the National Council of State Boards of Engineering Examiners in respectively architecture, engineering, or land surveying; Provided, however, That any person who prior to undertaking the curriculum required by this subparagraph, was a bona fide resident of the Virgin Islands and who has the required two years of experience, shall be granted a license for practice as an architect, engineer, or land surveyor, as the case may be, without examination. (c) Same: Experience and examination. An applicant who has a high school diploma and eight years or more of specific and active experience in architecture, engineering, or land surveying shall be admitted to an examination equivalent to that required by the National Council of Architectural Registration Boards and the National Council of State Boards of Engineering Examiners in respectively architecture, engineering, or land surveying. (d) Same: Long established practice. An applicant with a record of at least twelve years of specific and active practice in architecture, engineering, or land surveying shall be admitted to an eight-hour examination in respectively architecture, engineering, or land surveying. (e) Engineer-in-training and architect-in-training: Experience and examination. An applicant producing satisfactory evidence to show four or more years of experience in engineering or architectural work shall be admitted to examination for the purpose of testing the applicant's knowledge of fundamental engineering or architectural subjects. The examinations of applicants as engineers-in-training or architects- in-training shall be designed to permit an applicant for licensure as a professional engineer or architect to take his examination in two stages. Satisfactory passing of this portion of the examination shall entitle the applicant to a certificate as an engineer-in-training or as an architect-in-training. (f) Same: Education. Any person who is a graduate from an accredited engineering or architectural curriculum of four years or more, approved by the Board as being of satisfactory standing, shall be granted a certificate as an engineer-in-training or architect-in-training without examination. (g) Resident architects, engineers, and land surveyors. Any person (1) who submits satisfactory proof under oath to the Board that- (A) he was validly licensed as an architect, engineer, or land surveyor in the Virgin Islands prior to January 1, 1968, or (B) he was employed by the United States Government or the Government of the Virgin Islands as an architect, engineer, or land surveyor in the Virgin Islands, and (2) who meets the first three qualifications for licensure under this section, and (3) who applies in writing to the Board for a license under this subdivision, shall be issued a license as an architect, engineer, or land surveyor, as the case may be, without examination. History: Added May 8, 1968, No. 2184, § 2, Sess. L. 1968, Pt. I, p. 478; amended July 28, 1972, No. 3282, § 3, Sess. L. 1972, p. 251; Dec. 23, 2003, No. 6634, § 24, Sess. L. 2003, p. 126.

Notwithstanding the citizenship and residency requirements of section 283 of this chapter, the Board may issue a conditional license to any person who is either not a United States citizen or not a Virgin Islands resident or both if such person otherwise fulfills the requirements of said section and either of the following circumstances exists: (a) Such person is employed by an office or agency of the Government of the Virgin Islands or of the Federal Government. (b) In the case of employment in the private sector, such person associates himself with an engineer, architect or land surveyor duly licensed to practice in the Virgin Islands. Such conditional licenses shall be valid for one year and shall carry the same fee as that charged for regular licenses as provided in this chapter, and shall be automatically invalidated in the event that subsections (a) or (b) of this section cease to apply to the holder thereof. The Board may promulgate such rules and regulations as it deems necessary for the proper administration and supervision of this section. History: Added July 28, 1972, No. 3282, § 4, Sess. L. 1972, p. 251.

(a) Initial application for license as an architect, engineer, or land surveyor shall be on a form prescribed and furnished by the Board, shall contain statements made under oath showing the applicant's education and a detailed summary of his technical experience, and shall contain such references as may be required by the Board, none of whom may be members of the Board. (b) The license fee for architects and engineers on initial application shall be fifty dollars ($50.00) and shall accompany the application. The certificate fee for engineers-in-training and architects-in-training shall be twenty-five dollars ($25.00) and shall accompany the application. The license fee for land surveyors on initial application shall be twenty dollars ($20.00) and shall accompany the application. The license fees shall not be prorated regardless of the date of issuance. (c) If the issuance of a license or certificate to any applicant is denied, the fee shall be retained as an application fee; and one-half of the fee shall be credited toward reapplication if denial was due to the applicant's failing the examination. History: Added May 8, 1968, No. 2184, § 2, Sess. L. 1968, Pt. I, p. 480.

(a) Examinations shall be held twice each year at such times and places as the Board determines. (b) Each examination shall be broken down into three or more parts, each part of equal point value. The passing grade on any examination shall be an average of 75% in all parts combined. In order to determine this average, no part shall be accepted with a grade less than 65% and only one part with a grade less than 75%. An applicant failing one examination may apply for reexamination in the part or parts which he failed. An applicant who received an average grade of less than 50% must be reexamined in all parts and he must pass all those failed parts during any one reexamination. An applicant who fails more than one-third of the examination must be reexamined in all parts. The Board may permit the use of books, tables, graphs, and the like during examinations. (c) The following is a listing of the general subject matter to be covered in the respective examinations: (1) Architects. Structural design; selection and use of materials, mechanical, and electrical equipment; counselling and administration; supervision of construction; history of architectural programming; land and community planning; architectural design; professional ethics. (2) Engineers. Structural design of buildings and structures; hydraulics including stream flow, flow in pipes, hydraulic power, and machinery; thermodynamics including heat transfer, boilers, prime movers, and power equipment; machine design including mechanical movement and stresses in machine parts; electrical equipment including generators and motors, transmission and distribution of electrical energy, electrical control and protection; engineering economics including economic comparison, fixed and operating costs, valuation; professional ethics and land surveying for graduate civil engineers. (3) Engineers-in-training and architects-in-training. Fundamental engineering or architectural subjects. (4) Land surveyors. Mathematics including advanced algebra, logarithm, plane and solid geometry, plane and spherical trigonometry; theory and practice of surveying; limits of precision; use, care, and adjustment of instruments; traverses; computations or error of closure; mapping; land surveying; precision surveying; highway surveying; baselines and triangulation; geodetic surveying; determination of true meridian; magnetic declination and variation; determination of latitude and longitude; hydrographic surveying; land boundaries and monuments; land subdivisions; deed descriptions and conveyancing; surveying law; professional ethics. (d) Satisfactory passing of an examination in architecture, engineering, or land surveying shall entitle an applicant who otherwise qualifies to a license respectively in architecture, engineering, or land surveying. History: Added May 8, 1968, No. 2184, § 2, Sess. L. 1968, Pt. I. p. 480; amended Sept. 18, 1969, No. 2564, § 2, Sess. L. 1969, p. 297.

(a) The Secretary of the Board shall issue a license upon payment of the license fee, as provided for in this chapter, to any applicant who has satisfactorily met all the requirements of this chapter. The issuance of a license by the Board shall be prima facie evidence that the person named therein is entitled to all rights and privileges of an architect, engineer, or land surveyor, as the case may be, while the said license remains in effect. (b) Each licensee hereunder shall, upon receipt of his license, obtain a seal of the design authorized by the Board, bearing the licensee's name and the legend "Architect", "Engineer", or "Land Surveyor", as the case may be. Plans, specifications, reports, maps, plats, surveys, or other documents prepared by the licensee shall, when issued for filing with public authorities, be signed and stamped with the said seal. It shall be unlawful for an architect, engineer, or land surveyor to affix, or permit his seal to be affixed, to any plans, specifications, reports, maps, plats, surveys, or other documents after expiration of a license or for the purpose of aiding or abetting any other person to evade or attempt to evade any provisions of this chapter. History: Added May 8, 1968, No. 2184, § 2, Sess. L. 1968, Pt. I, p. 481.

(a) A license shall be valid for one year from the date of issuance and shall become invalid after that date unless renewed. The Secretary of the Board shall notify every person licensed under this chapter of the date of the expiration of his license and the amount of the fee required for its renewal. Such notice shall be mailed to the licensee at his last known address at least one month in advance of the date of the expiration of said license. Renewal may be effected at any time prior to the date of expiration by application for renewal and by the payment of a fee of one hundred dollars ($100.00) for architects and engineers and forty dollars ($40.00) for land surveyors. (b) A license issued under the provisions of this chapter shall be automatically invalidated in the event the licensee terminates his Virgin Islands residency. Such license may be reinstated upon presentation to the Board of an affidavit of the previous license holder, sworn to by him before a person authorized to administer oaths, that he has resumed residency in the Virgin Islands. The reinstatement fee for such license shall be the same as for the renewal thereof as provided in this chapter. History: Added May 8, 1968, No. 2184, § 2, Sess. L. 1968, Pt. I, p. 482; amended July 28, 1972, No. 3282, § 5, Sess. L. 1972, p. 251; Nov. 7, 1983, No. 4877, § 310(c)(11), Sess. L. 1983, p. 239.

(a) The Board, subject to appeal as hereinafter provided, may suspend, refuse to renew, or revoke the license of any licensee who, after due notice and hearing by the Board, is found to have lost his residency in the Virgin Islands or is found guilty of- (1) The practice of any fraud or deceit in obtaining a license. (2) Any gross negligence, incompetence, or misconduct in the practice of architecture, engineering, or land surveying. (3) Any felony or any crime involving moral turpitude. (b) The Board may, upon its own motion or upon the verified complaint in writing of any person, consider any charges under (1), (2), or (3) above, against any licensee. All charges shall be heard by the Board within thirty (30) days from the date on which they have been preferred, unless for good cause the Board extends the time for such hearing for not more than an additional thirty (30) days. The time and place for said hearing shall be fixed by the Board, and a copy of the charges, together with a notice of the time and place of the hearing, shall be personally served on, or mailed to the last known address of such licensee, at least twenty (20) days before the date fixed for the hearing. At the hearing the licensee shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own defense. (c) Any person aggrieved by an action of the Board in denying, suspending, refusing to renew, or revoking his license shall be entitled to judicial review thereof by filing an appeal with the Superior Court of the Virgin Islands within thirty (30) days after the date of such action. No such appeal shall act as a stay of the action complained of unless specifically allowed by the Court. (d) Upon each appeal all findings, decisions, or determinations by the Board as to questions of fact shall be deemed final in the absence of conclusive showing to the Court of fraud or arbitrariness. History: Added May 8, 1968, No. 2184, § 2, Sess. L. 1968, Pt. I, p. 482; amended June 24, 1987, No. 5265, § 704(3), Sess. L. 1987, p. 80.

Any person who- (1) practices or offers to practice architecture, engineering, or land surveying in the Virgin Islands without being licensed in accordance with the provisions of this chapter, or (2) uses in connection with his name, or who otherwise assumes, uses, or advertises, any title or description tending to convey that he is an architect, engineer, or land surveyor licensed to practice in the Virgin Islands without being so licensed, or (3) presents or attempts to use the license or seal of another, or (4) attempts to use an expired, suspended, or revoked license, or (5) gives false or forged evidence of any kind to the Board or any member thereof in obtaining or attempting to obtain a license, shall be guilty of a misdemeanor and may, upon conviction, be fined not more than $2,000 or imprisoned not more than one year, or both. History: Added May 8, 1968, No. 2184, § 2, Sess. L. 1968, Pt. I, p. 483; amended July 28, 1972, No. 3282, § 6, Sess. L. 1972, p. 251; Nov. 23, 2004, No. 6697, § 3, Sess. L. 2004, p. 234.

If any person carries on or practices as an architect, engineer, or land surveyor as herein defined, in violation of the provisions of this chapter, the carrying on or practicing as such shall be deemed a nuisance, and may be restrained and abated by injunction brought in the name of the Board by the Attorney General. Such proceedings shall be in addition to any other penalties provided by law. History: Added May 8, 1968, No. 2184, § 2, Sess. L. 1968, Pt. I, p. 483.

Nothing in this chapter shall be construed to curtail or extend the rights of any other legally recognized profession or craft. This chapter may not be construed to prevent or curtail- (1) [Repealed.] (2) [Repealed.] (3) The work of an employee or subordinate of a person holding an unexpired license under this chapter; provided that such work does not include final designs or decisions and is done under the direct supervision of and checked by a person licensed under this chapter. (4) The practice of architecture, engineering, or land surveying, by individual licensees through a partnership, joint stock company, or corporation, as agents, employees, officers, or partners; provided that they shall be individually liable for their professional acts; and further provided that all personnel of such partnership, joint stock company, or corporation, who act in its behalf as architects, engineers, or land surveyors are licensed under this chapter. Each partnership, joint stock company, or corporation providing architectural, engineering, or land survey services shall be jointly and severally liable with such individual licensees, and all final plans, specifications, reports, maps, plats, surveys, and other documents involving architectural, engineering, or land surveying work, when issued, shall be dated and shall bear the seals and signatures of the architect, engineer, or land surveyor who prepared them; Provided, however, That nothing contained in this section shall be deemed to constitute such a partnership, joint stock company, or corporation if a person sells skills or services on an individual and personal basis, within the meaning of section 43(a) of Title 33 of the Virgin Islands Code. (5) The practice of architecture, engineering, or land surveying by officers and employees of the Government of the United States or of the Virgin Islands Government for such Government. (6) The doing of any engineering or land surveying work by an architect which is incidental to his practice of architecture. (7) The doing of any architectural or land surveying work by an engineer which is incidental to his practice of engineering. (8) The making by a draftsman of plans or specifications for the incidental or occasional erection or construction of any building or enlargement or alteration thereof unless the same adversely affects the public safety or health or the property of some other person. History: Added May 8, 1968, No. 2184, § 2, Sess. L. 1968, Pt. I, p. 484; amended Nov. 23, 2004, No. 6697, § 4, Sess. L. 2004, p. 234.

All fees paid to the Board under this chapter shall be remitted by the Secretary of the Board to the Commissioner of Finance and shall be covered into the General Fund of the Treasury of the Virgin Islands. History: Added May 8, 1968, No. 2184, § 2, Sess. L. 1968, Pt. I, p. 485.

Limitations (a) Every person or association wishing to engage in any business, occupation, profession, or trade listed in section 302 of this chapter, as a condition precedent to engaging in any such business, occupation, profession, or trade, shall apply in writing to and obtain from the Commissioner of Licensing and Consumer Affairs (referred to as the "Commissioner" in the remainder of this chapter) a license to engage in or to conduct such business, occupation, profession or trade. (b) Applications for licenses under this chapter shall be made on forms prescribed and furnished by the Commissioner. As a part of or in connection with any application the applicant shall furnish information concerning his identity, personal history, experience, business record, purposes, record of any conviction of any offense which is a felony or crime involving moral turpitude in the jurisdiction where the offense occurred, and any other pertinent facts that the Commissioner may reasonably require. In the case of corporations or partnerships the preceding requirements shall be applicable to all of the shareholders or partners. In any case, such requirements shall be applicable to the actual owners and not merely to the nominal owners of either of the business or of any participation or share therein. The use of any subterfuge or misrepresentation, directly or indirectly, to obtain a license shall constitute sufficient cause for the immediate revocation of such license. Applications of business licenses for film or music recording businesses must be issued no later than 60 days from their receipt. The Commissioner's failure to issue a license to a film or music recording business within 60 days of receipt deems the license automatically approved. (c) If the applicant is a partnership or a corporation, the application shall designate each member, officer, or employee who will exercise the powers to be conferred by the license upon such partnership or corporation. The Commissioner may require any such member, officer or employee to furnish him with the information required of applicants under subsection (b) of this section. (d) The license fee rate imposed by this chapter shall be an annual rate; provided, however, that the Commissioner may, in his discretion, issue licenses for a period of less than a year, grant equitable relief to businesses affected by major natural or economic disasters in the form of a carry over license fee credit for any business closed or severely impacted by a major, natural or economic disaster. The Commissioner may, in his discretion, collect for a license fee period of less than a year or may collect for a license fee-period of one year on an annual or biennial basis, or credit the licensee in the next license year period for an amount equal to the certified period of business interruption or devastation where the licensee submits certified proof that the annual gross income decreased twenty percent (20%) or more as a result of the disaster or where a disaster has resulted in the closing of a business for a period of three (3) months or more. The Commissioner may, in his discretion, stagger the terms of licenses so that all license renewals do not come due at the same time of the year. In accomplishing a staggered schedule, the Commissioner shall prorate the license fee over the initial period of time required to implement the staggered schedule. The initial license may be for a period in excess of one year at the discretion of the Commissioner. Such license shall be free from stamp taxes; shall entitle the owner, for the period specified in the license, to carry on the specified business or occupation from the designated place of business; shall be put into active use in the business, occupation, profession, or trade for which the license was granted within ninety days following the date of issuance of the license, subject to automatic revocation of the license if not put into active use within the time prescribed; shall be renewable annually or biennially on the payment of the required fee; and may be reviewed at any time by the Commissioner. No license issued to any person or association to engage in a business, occupation, profession, or trade under this chapter may be transferred to any other person or association, except that a business license to a natural person shall be transferred automatically on the death of the licensee to the widow or widower of the licensee so long as the widow or widower remains unmarried, and except that a business license held and used by a corporation may be transferred on the sale of the corporation. (e) Subsection (b), except the first sentence thereof, and subsection (c) of this section shall not apply to foreign sales corporations. History: Added June 6, 1967, No. 1991, § 3, Sess. L. 1967, p. 330; amended May 13, 1973, No. 3431, § 9, Sess. L. 1973, p. 111; Oct. 23, 1980, No. 4498, § 6(a), Sess. L. 1980, p. 228; Sept. 25, 1984, No. 4990, § 4(a), Sess. L. 1984, p. 247; July 19, 1990, No. 5584, Sess. L. 1990, p. 249; Sept. 18, 2002, No. 6570, § 15, Sess. L. 2002, p. 533; Mar. 7, 2012, No. 7344, § 3(a), Sess. L. 2012, p. 25.

For the purposes of this chapter a "foreign sales corporation" shall have the same meaning as that contained in Title 13, chapter 12, Virgin Islands Code. History: Added Sept. 25, 1984, No. 4990, § 4(b), Sess. L. 1984, p. 247.

For the purposes of this chapter a "Protected Cell" shall have the same meaning as that contained in Title 17, chapter 42, section 801, of this Code and an Incubator Business shall mean a business as described in Title 17, chapter 34, section 482(g), of this Code. History: Added Feb. 21, 2002, No. 6502, § 3(a), Sess. L. 2002, p. 256.

Fees (a) The following annual license fees are made applicable to and shall be levied upon all persons and associations engaged in the designated businesses, occupations, professions and trades in the Virgin Islands: Additional place of brokers business $ 50 Advertising 150 Air cargo transportation 500 Air charter service per plane 100 Air conditioning and refrigeration repair shop 125 Answering service 75 Apartment house A, more than 12 units 250 Apartment house B, 9-12 units 220 Apartment house C, 5-8 units 150 Apartment house D, 4 or less units 100 Appliance repair shop 100 Appraiser 100 Armored car service 300 Artist studios 100 Astrology service 100 Attorney 500 Auto cleaning and polishing service 100 Automobile towing service 100 Automobile undercoating 100 Automotive inspection and diagnostic services 100 Automobile mechanical road service 100 Baby sitting service 100 Baggage, cargo, mail handling 225 Bakery 200 Barber 50 Barber apprentice 25 Barber shop initial issuance 150 Barber shop renewal 75 Barber temporary 10 Battery and ignition repair 100 Beach club 100 Beautician apprentice 30 Beautician temporary 10 Beauty school 200 Beauty shop initial issuance 150 Beauty shop renewal 75 Billiard table per table 30 Blasting service 150 Blender, bottler of alcohol beverages 1600 Boat building and repair 125 Boat charter service per boat 100 Boat rental 100 Bookkeeping services 100 Bowling alley 300 Bus transportation per bus 50 Business and management consultant 300 Business courses and related training 250 Business Management or Consulting Firm for V.I. Foreign Sales Corporations: Firms managing or consulting for less than 5 V.I. Foreign Sales Corporations 500 Firms managing or consulting for at least 5 but less than 100 V.I. Foreign Sales Corporations 1,000 Firms managing or consulting for 100 or more V.I. Foreign Sales Corporations 2,000 Butchery 300 Cable car sightseeing tours 125 Cable splicing and related work 150 Cable television and antenna service 150 Car leasing 100 Car Rental A-0 to 20 vehicles 200 Car Rental B-21 to 50 vehicles 300 Car Rental C-more than 50 vehicles 400 Carpentry contractor 75 Carpet laying and related services 125 Catering service 100 Certified public accounting 300 Charm school 100 Check room service 50 Claim adjusters 150 Clinical laboratory 300 Club liquor license 200 Cockfighting 500 Coffee shop and ice cream parlor 100 Coin operated car wash 100 Commercial art services 100 Commercial boat, freight or passengers 100 Commercial breeding services 100 Commercial diver 100 Commercial kennel 100 Commercial laundry 200 Commercial school 250 Commercial warehousing 150 Commodity exchange clearing house 300 Common carrier int. telecommunication 150 Communication equipment inst. contractor 150 Communication equipment oper. contractor 150 Concrete pumping 250 Construction contractor 200 Consultation and related therapy services 125 Copyright protection service 100 Cottage rental 100 Credit bureau and collection agency 200 Customs and visa preparations service 100 Dance studio 50 Dealer in explosives Public Safety 500 Dental laboratory 350 Development and sale of own property 75 Discotheque-same as night club Documentation services for vessels steam ship agent 150 Dog grooming shop 100 Draftsman 75 Driving school 200 Dry cleaning 200 Dry docking services 200 Drywall-sheetrock installation contractor 75 Electrical contractor 100 Electronic security consultant 150 Employment agency 100 Escort service 200 Exterminating and pest control 150 Fiduciary services 100 Fingerprint services 100 Firearms and ammunition-distributor or wholesaler 1,000 Firearms and ammunition-retail sales 550 Firearms and ammunition-gunsmith 500 Fire prevention service 100 Fireproofing contractor license 150 Florist 150 Flower conserv. and agricultural nursery 100 Flying school 250 V.I. Foreign Sales Corporation 100 Free lance photographer 100 Garage and repair shops 200 Garbage removal 100 Gasoline station 250 General aviation service and maintenance 125 General manufacturing-glass 150 General manufacturing-food 150 General manufacturing-tobacco 150 General manufacturing-textile 150 General manufacturing-clothes 150 General manufacturing-public printing 150 General manufacturing-chemical 150 General manufacturing-petroleum 1,000 General manufacturing-rubber 1,000 General manufacturing-leather 150 General manufacturing-metal 500 General manufacturing-fabricated metal 500 General manufacturing-machinery 500 General manufacturing-electrical machinery 500 General manufacturing-transportation equipment 300 General manufacturing-watches 350 General manufacturing-miscellaneous 300 Glass tinting contractors 75 Golf course 150 Guard dog service 100 Hair removal service 75 Health club or spa 300 Holding company 200 Hotel and guest house A-over 100 beds 400 Hotel and guest house B-over 40-99 beds 300 Hotel and guest house C-1-39 beds 200 Hotelkeeper-liquor 400 Hypnotism consultant 100 Ice manufacturing 250 Importer of goods for resale 200 Incubator business 250 Information and data processing services 100 Installation of equipment 75 Installation of fences 75 Installation of fire and burglary alarm systems 200 Interior decorating 100 Investment advisory service 200 Investment brokerage 400 Itinerant vendor license 50 Janitorial service and supply 150 Jewelry and watch repair shop 100 Judo instructor 100 Karate instructor 100 Kindergarten school 200 Landscaping consultant 100 Landscaping, garden, maintenance service 100 Laundromat 200 Laundry pickup and delivery service 100 Leasing of plants 100 Lie detection service 100 Liquor wholesalers license 800 Machine shop 100 Manicurist apprentice 10 Manufacturers of aerated waters 150 Manicurist 75 Marine biological supplies 100 Marine salvage and Rel underwater service 150 Marine surveyor and blasting service 150 Marine surveyor and consultant 150 Masonry contractor 75 Massage parlor 150 Master electrician 100 Master plumber 100 Media advertising, promotion and production 200 Medical laboratory 300 Messenger and delivery service 100 Misc. amusement devices 150 Mobile food service 100 Mobile refreshment stand 75 Modeling agency 100 Motion picture distribution 150 Motion picture theater 500 Motor vehicle dealer 500 Moving and freight forwarding services 200 Music recording and sales business 200 Nickelodeon per machine 30 Night club license 1,400 Nutrition and consulting services 100 Oceanographic research and development 100 Out patient care facility 100 Owners representative coordinator 100 Painting contractor 75 Paralegal services 100 Parking lot vehicle 100 Pharmacy 300 Photocopying services 75 Photographic processing or studio 50 Piano technician 100 Pin ball and similar machines per machine 50 Plastering contractor 75 Plumbing contractor 100 Pollution control services 100 Poultry farm-agriculture Prime distillers of alcoholic beverages 3,000 Printing and publishing house 250 Private elementary/secondary school 200 Production of milk and milk products 125 Project coordinator/consultant 75 Protected Cell 1000 Public accountant 120 Public auctioneer 100 Public dance license 25 Public relations services 100 Public title reporter 100 Radio and television repair shop 100 Radio advertising, promotion and production 200 Radio station 500 Real estate broker 250 Real estate salesman 200 Real estate salesman-temporary 100 Real estate-change business place 50 Real estate-change of associate 50 Red cap porter service 50 Rent of real property (other than buildings) 100 Rental of equipment 100 Rental of non-residential building 150 Rental watersports equipment 100 Repair and maintenance of misc. items 100 Restaurant A-Seating capacity 25 or more 200 Restaurant B-Seating capacity less than 25 125 Retail shop and store-except liquor 100 Retailers liquor license 500 Riding academy 75 Rooming house 100 Rug and furniture cleaning on location 100 Sailing school 200 Sale of prepaid hotel reservation 125 Sales and marketing concepts 50 Sales finance 200 Salvage and sale of used parts 100 Scheduled air service 700 School of ceramics 100 School of language 100 School of music 100 School of philosophy 100 School of underwater photography 100 Scooter and/or motorcycle rental 150 Scrap metal collection and sales 100 Scrap paper collection and sales 100 Scrap plastic collection and sales 100 Scuba diving school and related services 125 Secretarial service 100 Security analyzing service 100 Septic tank cleaning 150 Sewer cleaning and rodding services 150 Sewerage maintenance and operational engineering services 150 Sewing school 100 Sheet metal and iron work shop 150 Ship chandler 100 Shoe repair shop 75 Sightseeing and tour operations 100 Sign painting 75 Silk screen manufacturing 150 Skating rink 175 Solicitor, sales and commission agent 75 Sporting and recreational camp 100 Sports instructor 100 Sports promoter 150 Sprinkle system installation contractor 75 Steamship and shipping agents 150 Stevedoring license 100 Summer school 100 Swimming instruction 100 Swimming pool installation contractor 150 Tailoring and alteration service 100 Tavernkeeper A-distilled and fermented spirits 500 Tavernkeeper B-fermented spirits only 300 Tax consultant 100 Telegraph office 350 Television station 600 Temporary help contracting agency 100 Tennis club 100 Theatrical production, except motion picture 100 Theatrical promoter and booking agent 150 Theatrical variety employment service 150 Tile setting contractor 75 Tire recapping and retreading service 100 Tobacco Retailer 100 Tobacco Wholesaler 500 Transient disco service 75 Transient amusement operator 500 Translation services 100 Travel and ticket agent 150 Tree surgery 100 Trucking, transportation and delivery 100 Typewriter repair shop 100 Undertaking business 500 Upholstery shop 100 Used car lot 100 Vehicle inspection service 100 Vending machine A-License-0 through 5 machines 100 Vending machine B-License-6 through 20 machines 150 Vending machine C-License-21 through 50 machines 200 Vending machine D-License-more than 50 machines 400 Vocational training school 100 Water skiing school 100 Water supply services 150 Waterproofing contractor 75 Welding services 100 Wholesaler and other than liquor 250 Writing school 100 Yacht brokerage service 100 (b) Any person or association engaged in a business, occupation, profession, or trade not designated in subsection (a) of this section or not covered by any other provision of this Code shall obtain an annual license at a fee determined by the Commissioner as reasonable to defray the costs of regulation, but not to exceed $500. (c) For the purposes of this chapter, "hotels and guesthouses" shall be construed to mean establishments used for providing rooms and related accommodations for guests, and shall include such establishments feeding their own guests but not otherwise conducting a restaurant business, and "night club" shall be construed to mean every business which has a capacity for at least thirty (30) persons seated at tables and the bar, and which employs a bartender and which maintains table service and dancing and/or other live entertainment for the guests. Notwithstanding the provisions of any other law, the Commissioner of Licensing and Consumer Affairs may issue a Tavern Keeper B-fermented spirits only-license to mobile, food and mobile refreshment vendors. (d) No license shall be issued to any person or association to engage in an investment brokerage business in the Virgin Islands for the purpose of buying and selling stocks, bonds, and other securities and debentures to and for others, unless the person or association pays the required annual license fee, and, in addition, files with the Commissioner, for the protection of its customers, a good and sufficient bond signed by the person or association as principal, with one or more sureties to be approved by the Commissioner and running to the Commissioner and his successors in office, in a sum of $50,000, with condition that the surety or sureties on the bond shall be answerable to the amount of the bond for all judgments, decrees, or orders given, made, or rendered against the principal on the bond by any court of competent jurisdiction in the Virgin Islands for payment of money. In case of any breach of the condition of any bond, the Commissioner may, and upon demand and receipt of satisfactory assurance for the payment of costs shall, enforce the bond either in his own name or in the name of any person as obligee therein by appropriate proceedings in any court of competent jurisdiction for the use and benefit of any person injured by the breach. The surety or sureties on the bond may withdraw from obligations under the bond upon written notice to the Commissioner at least ninety (90) days prior to the date on which the then existing license of authorization is to expire. Such surety or sureties shall, however, remain liable on the bond for all judgments, decrees, or orders given, made, or rendered against the principal, based on obligations incurred during the period of suretyship. (e) No person shall go into or upon any private or commercial premises in the Virgin Islands, not having been requested or invited to do so by the owner, owners, occupant or occupants of said private or commercial premises, as a solicitor, peddler, hawker, salesman, itinerant vendor or transient merchant, for the purpose of selling or procuring orders or subscriptions thereto (except magazines and newspapers published in the Virgin Islands), or for any other commercial or business purposes without first obtaining a door-to-door license as required by this chapter. For the purposes of this chapter an "Itinerant Vendor" license shall be required for all persons selling and delivering merchandise at retail other than from a retail store located within the Virgin Islands. (f) Notwithstanding the provisions of subsection (b) of this section, persons owning and residing in apartment houses with less than five units shall not be required to obtain a license under any provision of this chapter. (g) An owner of an apartment house or houses shall not be required more than one license under the provisions of subsection (a) of this section and shall pay annually only one license fee to be determined by the total number of apartment units owned by such person. (h) Every person or association who has been issued a license pursuant to the provisions of this chapter shall display the license in a conspicuous manner at the location identified in the license as the place of business. History: Added June 6, 1967, No. 1991, § 3, Sess. L. 1967, p. 330; amended May 8, 1968, No. 2184, § 3(a), Sess. L. 1968, Pt. I, p. 486; May 29, 1968, No. 2217, § 2, Sess. L. 1968, Pt. II, p. 24; June 28, 1968, No. 2259, § 3, Sess. L. 1968, Pt. II, p. 112; July 18, 1968, No. 2308, §§ 1-3, Sess. L. 1968, Pt. II, p. 268, Feb. 11, 1969, No. 2413, Sess. L. 1969, p. 60; Feb. 13, 1970, No. 2622, Sess. L. 1970, p. 12; July 28, 1972, No. 3282, § 11, Sess. L. 1972, p. 259; Nov. 21, 1972, No. 3330, § 12, Sess. L. 1972, p. 504; May 13, 1973, No. 3431, § 9, Sess. L. 1973, p. 111; Nov. 7, 1983, No. 4877, § 310(a), (b), Sess. L. 1983, pp. 230, 239; Feb. 21, 1984, No. 4895, § 1, Sess. L. 1984, p. 29; Sept. 25, 1984, No. 4990, § 4(c), Sess. L. 1984, p. 247; Feb. 1, 1985, No. 5037, § 1, Sess. L. 1984, p. 459; Sept. 10, 1986, No. 5194, § 1, Sess. L. 1986, p. 209; Dec. 13, 1986, No. 5225, § 16, Sess. L. 1986, p. 374; June 17, 1993, No. 5866, § 2, Sess. L. 1993, p. 100; Feb. 15, 1994, No. 5955, §§ 2(a), 6, Sess. L. 1994, pp. 10, 12; Mar. 22, 1996, No. 6099, § 3(a), Sess. L. 1996, p. 32; Feb. 1, 2001, No. 6391, § 2(a)(3), Sess. L. 2000, p. 435; Jan. 1, 2002, No. 6490, § 3, Sess. L. 2001, p. 377; Feb. 21, 2002, No. 6502, § 3(b), Sess. L. 2002, p. 256; July 14, 2003, No. 6585, § 14, Sess. L. 2003, p. 30; Mar. 5, 2005, No. 6727, § 8, Sess. L. 2005, p. 31; Apr. 9, 2011, No. 7248, § 8(1)-(8), Sess. L. 2011, p. 16.

(a) Upon the receipt of an application for an initial license under the provisions of this chapter, the Commissioner shall submit copies of the application to the U.S. Virgin Islands Police Department (V.I.P.D.) for verification of the police record stated on the application, to the Virgin Islands Historic Preservation Commission and the Comprehensive Coastal Zone Planning Division of the Department of Planning and Natural Resources for zoning district conformity, to the Department of Health in the case of a business, occupation, trade or profession involving food operations, and to pay any other pertinent agency or instrumentality of the Government of the Virgin Islands or of the United States for the purpose of obtaining reasonable information or approval determined necessary by the Commissioner for action upon the application. A license to do business shall be granted within ten (10) business days of the receipt of the application or within three (3) business days after an expedited license processing fee of $200 has been paid and upon the receipt of the application, provided that the license shall be subsequently revoked if, upon receipt of the information, the Commissioner determines that a license would not have been granted had the information been received prior to the granting of a license. (b) The Commissioner may establish reasonable conditions and terms in any initial or renewed license reasonably related to the business, occupation, profession, or trade, the violation or breach of which may result in the revocation or suspension of the license according to the provisions of section 304 of this chapter. (c) The Commissioner shall not issue a license to do business to any entity that fails to present, at the time of application for the license or license renewal, a certificate from the Office of the Lieutenant Governor, Office of Corporations and Trademarks authorizing the use of its business name. (d) A processing fee, in an amount established by the Commissioner, shall be payable to the Government of the Virgin Islands upon the submission of an application to the Department for an initial license or renewal. History: Added June 6, 1967, No. 1991, § 3, Sess. L. 1967, p. 330; amended May 13, 1973, No. 3431, § 9, Sess. L. 1973, p. 111; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Sept. 25, 1984, No. 4990, § 4(d), (e), Sess. L. 1984, p. 248; Dec. 19, 1984, No. 5032, § 10, Sess. L. 1984, p. 415; Feb. 1, 2001, No. 6391, § 2(a)(4), Sess. L. 2000, p. 435; amended Jan. 18, 2020, No. 8258, § 1(a)(1)-(4), (b), Sess. L. 2019, p. 159, 160.

History: Repealed. June 6, 1967, No. 1991, § 3, Sess. L. 1967, p. 330.

(a) Any entity licensed pursuant to this chapter shall notify the Employment Security Agency, Virgin Islands Department of Labor, of its intent to fill an existing position, now vacant or soon to become vacant, or a new previously unfilled position. Notices of vacancies shall include the title of the position, if any, the proposed salary, any required qualifications, and the general duties of the position, and the name, address or telephone number of the person to be contacted by applicants for the position. (b) For the purposes of this section "position" means employment at an hourly, monthly or yearly salary, intended to last at least 30 hours per week and for one month or more, but does not include temporary, or day workers. (c) This section shall not be applicable to positions which are being filled by upgrading. History: Added June 20, 1986, No. 5174, § 4, Sess. L. 1986, p. 168.

(a) The Commissioner, after notice and hearing, may refuse to issue or renew, or may revoke or suspend a license for any one or any combination of the following causes: (1) Where fraud or deceit has been perpetrated in the application. (2) Where the Commissioner finds that because of the moral character or previous misconduct of the applicant or licensee, relevant to the conduct of the business or occupation for which the license is sought or has been granted, such applicant or licensee is not a suitable or fit person and the denial, revocation or suspension of the license is accordingly necessary to protect the public welfare, health, morals or safety. (3) Where the licensee allows, permits or suffers on the licensed place or business any improper or wrongful behavior of a substantial character and of public concern. (4) Where the licensee has violated or breached any term or condition of the license as established under the provisions of subsection (b), section 303 of this chapter. (5) Where the Commissioner finds that the applicant or licensee has willfully claimed an exemption from any excise tax, gross receipts tax or customs duty, knowing such claim to be false. (6) Where the licensee has failed to comply with section 303b of this chapter. (7) Where the applicant has failed to comply with the provisions of title 13, section 533(e) of this Code. (8) Where the licensee fails to comply with title 19 V.I.C., chapter 53a. (9) Where the Virgin Islands Bureau of Internal Revenue notifies the Commissioner that an applicant has failed to file and pay all taxes, penalties and interest applicable to the business or has failed to make an agreement to pay these obligations. (10) Where the Office of the Lieutenant Governor, Division of Corporations and Trademarks notifies the Commissioner that an applicant has failed to request approval of its business name or has failed to pay all of its franchise taxes or has failed to make an agreement to pay the franchise taxes. (11) Where the Virgin Islands Police Department notifies the Commissioner that it is unable to verify the police record as stated on the application. (12) Where the Virgin Islands Historic Preservation Commission and the Comprehensive Coastal Zone Planning Division of the Department of Planning and Natural Resources notifies the Commissioner that the business indicated on the application is not allowed in the zoning district. (13) Where the Department of Health, in the case of a business, occupation, trade or profession involving food operations, notifies the Commissioner that the applicant has not satisfactorily met or is not satisfactorily meeting the requirements set by the Department of Health. (14) Where the Waste Management Authority notifies the Commissioner that the applicant has failed to pay outstanding fines assessed pursuant to 19 V.I.C. § 1570l. (b) The provisions of subsection (a) of this section shall be applicable to each member, officer, or employee of a partnership or corporation who is to exercise the powers conferred by the license and to the manager or operator of a place of business, licensed under the provisions of this chapter. (c) A written notice stating the nature of the causes constituting the basis for the determination to deny, revoke or suspend the license and the time and place of the hearing shall be served on the applicant or licensee not less than thirty days prior to the date of the hearing either personally or by mailing a copy thereof by registered mail to the last known address of the applicant or licensee. (d) If, after having been served with the notice of hearing as provided in subsection (c) of this section, the applicant or licensee fails to appear at said hearing and defend, the Commissioner may proceed to hear evidence against him and may enter such order as may be justified by the evidence, which order shall be final unless he petitions for a review thereof as provided in this section; Provided, however, That within 30 days from the date of any order, upon a showing of good cause for failure to appear and defend, the Commissioner may reopen the proceedings and may permit the applicant or licensee to submit evidence in his behalf. (e) At any hearing the applicant or licensee may appear in person any by counsel, produce witnesses and evidence in his own behalf, cross examine witnesses and examine such evidence as may be produced against him. The applicant or licensee shall be entitled, on application to the Commissioner, to the issuance of subpoenas to compel the attendance of witnesses on his behalf. (f) The Commissioner may issue subpoenas to compel the attendance of witnesses and the production of documents and may administer oaths, take testimony, hear proofs and receive exhibits in evidence. In case of disobedience to a subpoena the Commissioner may invoke the aid of any court of the Virgin Islands in requiring the attendance and testimony of witnesses and the production of documentary evidence. (g) A stenographic record of the hearing shall be kept and a transcript thereof filed in the Department of Finance. (h) At all hearings the Attorney General or an Assistant Attorney General shall appear and represent the Commissioner. (i) Any person adversely affected by any order of the Commissioner may obtain a review thereof by filing a written petition for review with the Superior Court within 30 days after the entry of said order. The petition shall state the grounds upon which review is asked and shall pray that the order of the Commissioner be modified or set aside in whole or in part. A copy of such petition shall 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 such transcript shall also be furnished at the time of such filing to the appellant. Upon such review the findings of the Commissioner, if supported by substantial evidence, shall be conclusive. (j) [Deleted.] (k) The Commissioner shall, after ten (10) days' notice, revoke any license of a person who fails to file and pay all taxes, penalties and interest due to the Virgin Islands Bureau of Internal Revenue and the Division of Corporations and Trademarks, Office of the Lieutenant Governor in connection with the operation of his business activities, or who has not made a satisfactory agreement to pay the same. History: Added June 6, 1967, No. 1991, § 3, Sess. L. 1967, p. 330; amended May 13, 1973, No. 3431, § 9, Sess. L. 1973, p. 111; Sept. 9, 1976, No. 3876, § 6, Sess. L. 1976, p. 197; Sept. 20, 1982, No. 4740, § 9(a), Sess. L. 1982, p. 142; May 14, 1985, No. 5060, § 101(a), Sess. L. 1985, p. 17; June 20, 1986, No. 5174, § 5, Sess. L. 1986, p. 168; Jan. 13, 1994, No. 5948, § 106(C), Sess. L. 1993, p. 337; Aug. 17, 1999, No. 6287, § 17, Sess. L. 1999, p. 47; Dec. 29, 2001, No. 6487, § 2, Sess. L. 2001, p. 368; Apr. 7, 2010, No. 7161, § 16(a), (b), Sess. L. 2010, p. 51; May 10, 2010, No. 7171, § 2, Sess. L. 2010, p. 87; Mar. 7, 2012, No. 7344, § 3(b), Sess. L. 2012, p. 25; amended Jan. 18, 2020, No. 8258, § 1(c), (d), Sess. L. 2019, p. 160; amended Oct. 26, 2020, No. 8370, § 3, Sess. L. 2020, p. 175.

(a) After due notice and public hearings, the Commissioner shall establish a numerical limitation on the licenses for liquor retail businesses, to become effective on January 1, 1968, and to be reviewed annually after notice by public hearing. The sole basis for the numerical limitation shall be the determination that licenses in excess of the limitation would have an adverse effect on the public morals, safety or welfare. (b) The Commissioner shall impose a five-year moratorium on the issuance of business licenses for tavern keeper within the towns of Frederiksted and Christiansted in St. Croix and the town of Savan in St. Thomas, to extend westward to Bethesda Gade and the historic town of Charlotte Amalie as established by title 1 Virgin Islands Code, chapter 5, section 81. The sole basis of the moratorium is to ensure that the number of taverns within these confined areas does not negatively compromise the public's safety or welfare. (c) Notwithstanding subsection (b), this moratorium shall not prevent restaurateurs from acquiring business licenses for bars housed within their restaurants. History: Added June 6, 1967, No. 1991, § 3, Sess. L. 1967, p. 330; amended July 7, 1967, No. 2005, Sess. L. 1967, p. 366; May 13, 1973, No. 3431, § 9, Sess. L. 1973, p. 111; May 17, 2006, No. 6831, § 1, Sess. L. 2006, p. 30; July 19, 2006, No. 6856, § 13, Sess. L. 2006, pp. 143, 144.

Sale of Alcoholic Beverages Simultaneously (a) The Commissioner of the Department of Licensing and Consumer Affairs may not issue or renew a wholesale license to a person, association, partnership, or corporation for the sale of alcoholic beverages if that person, association, partnership or corporation presently holds a valid retail license for that purpose. (b) The Commissioner of the Department of Licensing and Consumer Affairs may not issue or renew a retail license to a person, association, partnership, or corporation for the sale of alcoholic beverages if that person, association, partnership, or corporation presently holds a valid wholesale license for that purpose. (c) A person who knowingly or intentionally possesses both a retail license and a wholesale license for the sale of alcoholic beverages issued under this chapter shall be fined up to $1,000. History: Added Feb. 1, 1985, No. 5043, § 4, Sess. L. 1984, p. 470.

and Agents (a) Definitions. (1) "Electronic cigarette" means a battery-operated device that contains cartridges filled with a combination of nicotine, flavor and chemicals that are turned into a vapor which is inhaled by the user. (2) "Alternative nicotine product" means a product or device not consisting of or containing tobacco that provides nicotine for ingestion into the body, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. This does not include any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, as long as the product is marketed and sold solely for that approved purpose. (b) A person who holds a tobacco vendor license issued under section 302 of this chapter shall: (1) display the license or a copy of the license prominently at the place or outlet for which the license is issued; (2) [Deleted.] (c) A person that holds a tobacco vendor license issued under section 302 of this chapter, or an employee or agent of that person, shall not sell or distribute tobacco products, electronic cigarettes, or alternative nicotine products: (1) to any individual under 21 years of age; (2) to any individual, who does not present a driver's license or other generally accepted means of identification that describes the individual as 21 years of age or older, contains a likeness of the individual, and appears on its face to be valid; (3) in any form other than an original factory-wrapped package; or (4) other than at an outlet for which a license has been issued under section 302 of this chapter. (d) A person who holds a license issued under section 302 of this chapter, or an employee or agent of that person, shall ensure that minors under the age of 21 years not have access to any vending machine or other device which dispenses tobacco products automatically and shall further ensure that such minors are prohibited from purchasing such tobacco products on their premises. (e) A person who holds a tobacco vendor license issued under section 302 of this chapter shall prominently display a sign which clearly states that it is a violation of law for cigarettes or other tobacco products to be sold to any person under the age of 21 years of age. The Commissioner of the Department of Licensing and Consumer Affairs shall, through its rules and regulations, determine the type and size of the sign. (f) No person shall be liable under the provisions of this section for more than one violation on any one day. History: Added Feb. 15, 1994, No. 5955, § 2(c), Sess. L. 1994, p. 11; amended Dec. 28, 2011, No. 7337, § 8, Sess. L. 2011, p. 333; Mar. 7, 2012, No. 7346, § 4(1.)-(3.), Sess. L. 2012, p. 29; amended May 16, 2014, No. 7595, § 1(a), (b), Sess. L. 2014, p. 60; amended Oct. 31, 2024, No. 8928, § 1, Sess. L. 2024, p. -.

Products (a) No person, other than a person who holds a tobacco vendor license issued under section 302 of this chapter, or an employee or agent of that person, shall sell or distribute a tobacco product. (b) Subsection (a) shall not apply to: (1) distribution by an individual to family members or acquaintances on private property that is not open to the public; or (2) the sale or distribution to a manufacturer of tobacco products, to a wholesaler of tobacco products, or to a person who holds a tobacco vendor license issued under section 302 of this chapter. History: Added Feb. 15, 1994, No. 5955, § 2(c), Sess. L. 1994, p. 11.

(a) Subject to subsection (b), after notice and public hearings, the Commissioner shall establish for each island a numerical limitation on the licenses for gasoline stations to take effect five years after the effective date of this section, and to be reviewed thereafter annually after notice and public hearing. The Commissioner shall make the determination based on the feasibility study mandated in Act No. 8427, Section 2. (b) The Commissioner upon the effective date of this section shall impose a five-year moratorium on the issuance of business licenses for gasoline stations throughout the Virgin Islands. The sole basis of the moratorium is to ensure that the number of gasoline stations within these confined areas do not negatively compromise the public's health, safety or welfare. This subsection does not apply to proposed gasoline stations that were issued a permit for the construction and operation of a gas station by the Department of Planning and Natural Resources before the effective date of this section. (c) Nothing in this section may be construed to deny or revoke the license of an established, licensed gasoline station established in the Territory before the effective date of this section. History: Added Jan. 21, 2021, No. 8427, § 1, Sess. L. 2020, p. 320; amended Mar. 24, 2021, No. 8442, § 3(1), (2), Sess. L. 2021, p. 5; amended Jan. 14, 2022, No. 8538, § 2, Sess. L. 2021, p. 248.

(a) Findings and Purpose. (1) Cigarette smoking presents serious public health concerns to the Territory and to the citizens of the Territory. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking. (2) Cigarette smoking also presents serious financial concerns for the Territory. Under certain health- care programs, the Territory may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance. (3) Under these programs, the Territory pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking. (4) It is the policy of the Territory that financial burdens imposed on the Territory by cigarette smoking be borne by tobacco product manufacturers rather than by the Territory to the extent that such manufacturers either determine to enter into a settlement with the Territory or are found culpable by the courts. (5) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement," with the Territory. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the Territory (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking. (6) It would be contrary to the policy of the Territory if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the Territory will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the Territory to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise. (b) Definitions. (1) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms "owns," "is owned" and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and the term "person" means an individual, partnership, committee, association, corporation or any other organization or group of persons. (3) "Allocable share" means Allocable Share as that term is defined in the Master Settlement Agreement. (4) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (B) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (C) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (A) of this definition. The term "cigarette" includesclause (A)-your-own" (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette," 0.09 ounces of "roll-your-own" tobacco shall constitute one individual "cigarette." (5) "Master Settlement Agreement" means the settlement agreement (and related documents) entered into on November 23, 1998 by the Territory and leading United States tobacco product manufacturers. (6) "Qualified escrow fund" means an escrow arrangement with a federally or Territorially chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1,000,000,000 where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds' principal except as consistent with subsection (c)(2)(B) of this section. (7) "Released claims" means Released Claims as that term is defined in the Master Settlement Agreement. (8) "Releasing parties" means Releasing Parties as that term is defined in the Master Settlement Agreement. (9) "Tobacco Product Manufacturer" means an entity that after the date of enactment of this section directly (and not exclusively through any affiliate): (A) manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (B) is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (C) becomes a successor of an entity described in subparagraph (A) or (B). The term "Tobacco Product Manufacturer" shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of (A) - (C) above. (10) "Units sold" means the number of individual cigarettes sold in the Territory by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the Territory on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the Territory. The Department of Finance shall promulgate such regulations as are necessary to ascertain the amount of the Territorial excise tax paid on the cigarettes of such tobacco product manufacturer for each year. (c) Requirements. Any tobacco product manufacturer selling cigarettes to consumers within the Territory (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after the date of enactment of this section shall do one of the following: (1) become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or (2) (A) place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as such amounts are adjusted for inflation)- (i) for 2001: $.0136125 per unit sold after February 1, 2001; (ii) for 2002: $.0136125 per unit sold; (iii) for each of 2003 through 2006: $.0167539 per unit sold; (iv) for each of 2007 and each year thereafter: $.0188482 per unit sold. (B) A tobacco product manufacturer that places funds into escrow pursuant to subparagraph (A) shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances - (i) to pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the Territory or any releasing party located or residing in the Territory. Funds shall be released from escrow under this subparagraph (a) in the order in which they were placed into escrow and (b) only to the extent and at the time necessary to make payments required under such judgment or settlement; (ii) to the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow in a particular year was greater than the Territory's allocable share of the total payments that such manufacturer would have been required to make in that year under the Master Settlement Agreement (as determined pursuant to section IX(i) (2) of the Master Settlement Agreement, and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the Inflation Adjustment) had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or (iii) to the extent not released from escrow under items (i) or (ii), funds shall be released from escrow and revert back to such tobacco product manufacturer twenty-five years after the date on which they were placed into escrow. (C) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this subsection shall annually certify to the Attorney General that it is in compliance with this subsection. The Attorney General may bring a civil action on behalf of the Territory against any tobacco product manufacturer that fails to place into escrow the funds required under this subsection. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this subsection shall - (i) be required within 15 days to place such funds into escrow as shall bring it into compliance with this subsection. The court, upon a finding of a violation of this subsection, may impose a civil penalty to be paid to the general fund of the Territory in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow; (ii) in the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this subsection. The court, upon a finding of a knowing violation of this subsection, may impose a civil penalty to be paid to the general fund of the Territory in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; and (iii) in the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the Territory (whether directly or through a distributor, retailer or similar intermediary) for a period not to exceed 2 years. (iv) Each failure to make an annual deposit required under this subsection shall constitute a separate violation. The violator shall pay the Territory's costs and attorney's fees incurred during a successful prosecution under this paragraph. History: Added Feb. 1, 2001, No. 6391, § 3(g), Sess. L. 2000, p. 566; amended June 29, 2001, No. 6416, §§ 1, 2, Sess. L. 2001, p. 53; Aug. 13, 2001, No. 6428, § 3, Sess. L. 2001, p. 184; Former 27 V.I.C. § 305d was renumbered to be § 305e, by Act No. 8427, § 1, effective January 21, 2021.

Upon the cessation of business operations, any business licensed under the provisions of this chapter shall notify the Department, in writing, within fifteen days of the cessation of business operations. History: Added Feb. 1, 2001, No. 6391, § 2(a)(5), Sess. L. 2000, p. 435.

(a) Whoever engages in the business of automotive repairs without obtaining a business license under this chapter shall be subject to the penalties enumerated in section 307. (b) No business license may be issued for any automotive repair business, unless the premises are so zoned. History: Added Aug. 11, 2005, No. 6750, § 3, Sess. L. 2005, p. 213, eff. Oct. 1, 2005.

Sunscreen and Oxybenzone Or Octinoxate (a) For purposes of this section: (1) "oxybenzone" means the chemical (2-Hyroxy-4-methoxyphenyl)-phenylmethanone under the International Union of Pure and Applied Chemistry Chemical Nomenclature Registry, that has a Chemical Abstract Service Registry Number 131-57-7, and whose synonyms include benzophenone-3, Escalol 567, Eusolex 4360, KAHSCREEN BP-3, 4-methoxy-2-hydroxybenzophenone and Milestab 9, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 400 nanometers to 280 nanometers in an epidermal sunscreen-protection. (2) "octinoxate" means the chemical ((RS)-2-Ethylhexyl(2E)-3-(4-methoxyphenyl)) prop-2-enoate under the International Union of Pure and Applied Chemistry Chemical Nomenclature Registry, that has a Chemical Abstract Service RegiChemical Abstract Service Registry Number 5466-77-3thylhexyl methoxycinnamate, octyl methoxycinnamate, Eusolex 2292, NSC 26466, Parsol MOX, Parsol MCX and Uvinul MC80, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 400 nanometers to 280 nanometers in an epidermal sunscreen-protection. (3) "Octocrylene" means the chemical 2-ethylhexyl 2-cyano-3,3-diphenyl-2-propenoate under the International Union of Pure and Applied Chemistry Chemical Nomenclature Registry, that has a Chemical AbstracChemical Abstract Service Registry Number 6197-30-4 include octocrylene, octocrylene, Uvinul N-539, 2-ethulhezyl 2-cyano-3-3-diphenylacrylate, Octocrileno, Parasol 340, UV Absorber-3, Escalol 597, Eusolex OCR, Neo Heliopan 303, Sanduvor 3039, Seesorb 502, and Viosorb 930, and is intended to be used as protection against ultraviolet light radiation with a maximum ultraviolet spectrum wavelength at 303 nanometers in an epidermal sunscreen-protection. (4) "Prescription" means an order for medication that is dispensed to or for an ultimate user. Prescription does not include an order for medication that is dispensed for immediate administration to the ultimate user, such as a chart order to dispense a drug to a bed patient for immediate administration in hospital but includes an order for sunscreen. (5) "Sunscreen" means a product marketed or intended for topical use to prevent sunburn. Sunscreen does not include products marketed or intended for use as a cosmetic, as defined in section 301(i) of the Federal Food, Drug & Cosmetic Act, title 21, chapter 9, subchapter II of the United States Code, for use on the face. (b) Unless prescribed by a licensed healthcare provider and imported, distributed and offered for sale by a licensed pharmacy or drug store as defined in 27 V.I.C. § 141, it is unlawful to: (1) sell, offer for sale, or distribute, after March 30, 2020, in the Virgin Islands any sunscreen product that contains oxybenzone, octocrylene or octinoxate including, but not limited to, lotions, pastes, balms, serums, or ointments; (2) import, after September 30, 2019, into the Virgin Islands for sale any sunscreen product that contains oxybenzone, octocrylene or octinoxate including, but not limited to, lotions, pastes, balms, serums, or ointments; or (3) use or possess, after March 30, 2020, while in the Virgin Islands, any sunscreen products that contains oxybenzone, octocrylene or octinoxate including, but not limited to, lotions, pastes, balms, serums, or ointments. (c) After notice and an opportunity to be heard, the Department of Licensing and Consumer Affairs shall fine any person or entity found to have violated subsection (a), (b), or (c) of this section $1,000 for the first offense and $2,000 for each subsequent offense. History: Added July 20, 2019, No. 8185, § 1, Sess. L. 2019, p. 30, 31; amended Dec. 31, 2020, No. 8413, § 4, Sess. L. 2020, p. 285.

The provisions of this chapter shall not apply to agencies of the Virgin Islands or of the United States Government, to religious, charitable, benevolent, or educational organizations when not engaged in the conduct of business pursuits for profit, or to transactions involving a charitable or benevolent purpose. History: Added June 6, 1967, No. 1991, § 3, Sess. L. 1967, p. 330.

(a) Whoever willfully fails or refuses to comply with the provisions of this chapter shall be guilty of a misdemeanor and shall be liable to a fine not to exceed $500 and imprisonment not to exceed 30 days or both. (b) The pertinent provisions of chapter 75, Title 14 of this Code shall apply to every application, statement, document, and to all information presented to the Commissioner in an application or at a hearing under this chapter. (c) The Commissioner may refuse to issue any license until the license fee has been paid. The Attorney General may institute an action in any court of competent jurisdiction to enjoin any person or association from engaging without a license in any of the businesses, occupations, professions, or trades subject to the provisions of this chapter. (d) In addition to the penalties prescribed in this section, an administrative fine of not more than 10% per month of the license fee may be assessed by the Commissioner against persons who have willfully failed or refused to comply with the provisions of this chapter, in the determination of the Commissioner, and the amount of such fine as finally determined by the Commissioner shall be paid by the applicant for a license who has commenced business operations without first obtaining a license therefor or an applicant for the renewal of a license who has not applied and paid for the same before the 31st day of January. (e) In lieu of the penalties under subsection (a) of this section, any entity who willfully fails or refuses to comply with section 303b of this chapter shall be guilty of a misdemeanor and shall be fined not less than $500 for the first offense, and $1,000 for each offense thereafter. History: Added June 6, 1967, No. 1991, § 3, Sess. L. 1967, p. 337; amended Mar. 29, 1968, No. 2134, Sess. L. 1968, Pt. I, p. 388; Oct. 31, 1968, No. 2348, Sess. L. 1968, pt. II, p. 346; Apr. 15, 1971, No. 2985, § 1, Sess. L. 1971, p. 104; May 10, 1973, No. 3431, § 9, Sess. L. 1973, p. 111; May 14, 1985, No. 5060, § 101(b), Sess. L. 1985, p. 17; June 20, 1986, No. 5174, § 6, Sess. L. 1986, p. 168; Dec. 1, 2001, No. 6479, § 3, Sess. L. 2001, p. 323; May 28, 2005, No. 6732, § 30, Sess. L. 2005, p. 157.

(a) Any licensee whose business license has been revoked to protect the public welfare, morals or safety under paragraph (2) of subsection (a), section 304 of this chapter, or who has been convicted of an offense under Title 14, sections 1622 - 1625, shall immediately surrender all licenses as described in section 302 of this chapter which were the subject of the violation of Title 14, sections 1622 - 1625 inclusive. (b) No license surrendered under this provision may be reissued for a minimum period of five years. Any licensee whose business license has been revoked under this provision may be enjoined by any court of competent jurisdiction, upon institution of an action by the Attorney General, from engaging in capacity in any businesses which were the subject of the violation of Title 14, sections 1622 - 1625. History: Added May 27, 1983, No. 4816, § 1, Sess. L. 1983, p. 66.

Any business licensed under the provisions of this chapter shall display their business license(s) prominently at all times in their place of business and clearly identifiable by the consumer. History: Added Feb. 1, 2001, No. 6391, § 2(a)(6), Sess. L. 2000, p. 435.

The purpose of this subchapter is to promote the safety and welfare of the residents of the Virgin Islands by prescribing procedures which will significantly curtail the disposition of certain stolen property by thieves and which will assist in identifying that stolen property so it may be returned to the owners thereof. History: Added Jan. 29, 1982, No. 4674, § 2, Sess. L. 1982, p. 14.

(a) As used in this subchapter, the term "trader" shall mean any person, corporation, partnership or other business entity in the Virgin Islands which acquires from a consumer through purchase, in exchange for money, trade, barter or other valuable consideration, precious metals, precious stones or watches, except that those established merchants in fixed locations are excluded when the purchase of precious metals or stones or watches is made directly or indirectly from manufacturers or wholesalers. (b) The term "consumer" shall mean any person who sells or tries to sell a precious metal, stone or watch to a trader. (c) The term "precious metal" shall mean gold, silver, platinum, silverware, silver-plated items, sterling silver, and coins, in whatever degree, carat or purity of said metals or in whatever article common or commercially known as jewelry. (d) The term "precious stone" shall mean any gem, including, but not limited to, diamonds, emeralds, rubies, sapphires or any semi-precious stone including, but not limited to, amethyst, opal, topaz, turquoise, pearls, or similar items. History: Added Jan. 29, 1982, No. 4674, § 2, Sess. L. 1982, p. 14.

Only those items of personal property listed below shall be subject to the requirements of this subchapter: (1) precious metals; (2) precious stones; and (3) watches. History: Added Jan. 29, 1982, No. 4674, § 2, Sess. L. 1982, p. 14.

No trader shall purchase, barter, exchange or otherwise receive any precious metals, precious stones or watches in the designated locations listed below: (1) Within any guestroom, guest unit of a hotel, motel, tourist home, or tourist camp; (2) In or about any vehicle parked within an automobile parking compound, automobile parking lot, or parked elsewhere on any lot, parcel, tract of land, or public highway or street; (3) On or about any public highway, street, or sidewalk. History: Added Jan. 29, 1982, No. 4674, § 2, Sess. L. 1982, p. 14.

(a) Any trader doing business in the locations permitted in this subchapter shall record the purchase, barter, exchange, pledge, or other receipt by him of any item described in section 310 of this subchapter, and also any subsequent disposition of that item from his possession. Recording shall be on forms obtainable from the U.S. Virgin Islands Police Department (V.I.P.D.) and shall include: (1) The date of the transaction; (2) A comprehensive description of the item including any visible identification marks such as initials, name of manufacturer, model and serial numbers and owner-applied identification numbers; (3) Its estimated fair market value; (4) The name, address, and date of birth of the person from whom the item is received. The trade shall require proof of identification of that person by a driver's license or similar credentials. (5) The records required by this section must be kept for inspection for not less than five years. (b) The requirements imposed upon a trader by this section shall also be binding upon any employee or other person acting for the trader. (c) The completed form shall be transmitted by the trader to the U.S. Virgin Islands Police Department (V.I.P.D.) no later than 5 days after the date of any transaction listed on the form. (d) In addition to the requirements enumerated in subsections (a) (b) and (c) of this section, all transactions must be video recorded showing the faces of the consumer and the trader and the date and time of the transaction and the recording must be kept for inspection not less than 90 days from the time of the recording. History: Added Jan. 29, 1982, No. 4674, § 2, Sess. L. 1982, p. 14; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Oct. 15, 2010, No. 7204, § 2, Sess. L. 2010, p. 207.

Notwithstanding subsection (a) of section 312 of this subchapter, no record is required in the case of new or unused merchandise received by a trader from an established, reputable manufacturer or wholesaler, with a fixed place of address, provided that the trader shall retain an invoice or other customary proof of origin of such merchandise. History: Added Jan. 29, 1982, No. 4674, § 2, Sess. L. 1982, p. 14.

No trader shall purchase, barter, exchange, or otherwise receive any item described in section 310 of this subchapter from a minor under the age of eighteen (18). History: Added Jan. 29, 1982, No. 4674, § 2, Sess. L. 1982, p. 14.

(a) No trader and no employee or other person acting for the trader shall melt, vulcanize, or otherwise destroy or change the identity of or dispose of any item described in section 310 of this subchapter and received by the trader until a period of ten (10) days shall have elapsed after the date of submission of the report required by subsection (a) of section 312 of this subchapter. (b) Where the trader finds that the ten- (10-) day waiting period constitutes a burden, he may contact the U.S. Virgin Islands Police Department (V.I.P.D.) by telephone and notify an official designated by the Chief of Police of his need to act. Upon inspection of the item by a local police officer, or if a forty-eight- (48-) hour period has lapsed after such notification, the trader may dispose of or alter the item. History: Added Jan. 29, 1982, No. 4674, § 2, Sess. L. 1982, p. 14; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

When property has been reported as stolen to police authorities in the Virgin Islands and in order to seek the whereabouts of that stolen property, or when there is probable cause to believe that record entries are incorrect or that not all items required to be recorded have, in fact, been recorded, any member of the local police force where the trader has his business may, during normal business hours and in the presence of the trader or his representative and in pursuance of investigating the aforementioned theft, inspect at the trader's place of business the records required to be kept by this subchapter and any item of property listed in section 310 of this subchapter which corresponds to the report of theft. Where the trader refuses to produce the reported items for inspection, a search warrant shall be obtained forthwith by the police. History: Added Jan. 29, 1982, No. 4674, § 2, Sess. L. 1982, p. 14.

Any person or corporation who violates or fails to comply with any provision of this subchapter or who makes any false statement in connection therewith or who gives false identification shall be guilty of a misdemeanor and subject to a fine not exceeding two thousand dollars ($2,000) or imprisonment not exceeding six (6) months, or both and the person shall be subject to forfeiture of his business license. If, however, the value of the property is in excess of five thousand dollars ($5,000), the penalty shall be a fine of not less than five thousand dollars ($5,000) or imprisonment of not less than one year and not more than five years, or both and upon conviction of a second or subsequent offense within three years of the first offense, not less than $2,000 nor more than $4,000. History: Added Jan. 29, 1982, No. 4674, § 2, Sess. L. 1982, p. 14; amended Oct. 15, 2010, No. 7204, § 4(a), (b), Sess. L. 2010, p. 208.

(a) No trader shall dedicate himself or herself to the purchase of precious metals, precious stones or watches without having beforehand obtained a valid license issued by the Commissioner of Licensing and Consumer Affairs in compliance with the disposition of this law. (b) The application to obtain said license shall be on such forms as shall be prescribed by the Commissioner, and shall include the business address of the applicant, or the location where such applicant contemplates he or she will be doing business. Said application shall be sworn to before an official authorized to take oaths, and shall be accompanied by a Certificate of Prior Police Record issued by the U.S. Virgin Islands Police Department (V.I.P.D.), along with two (2) recent photographs, size 2 inches x 2 inches. Any trader applying for said license shall have been a Virgin Islands resident for not less than sixty (60) days. This license shall be nontransferable, and shall not be issued to any trader who has been convicted of a felony or of a crime involving moral turpitude. (c) The Commissioner of Licensing and Consumer Affairs shall collect a fee in the amount of $4,000 for each license issued according to the provisions of this section. The license fee shall be for one year. In cases of renewal of said license, the fee shall be payable not later than the 31st day of January of each year. Late payment after the 31st day of January of each year will carry an extra charge of $75 payable before obtaining said license renewal. No license or renewal thereof shall be issued without payment of the license fee. History: Added Jan. 29, 1982, No. 4674, § 2, Sess. L. 1982, p. 14; amended Nov. 7, 1983, No. 4877, § 310(c)(12), Sess. L. 1983, p. 239; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Oct. 15, 2010, No. 7204, § 5(1)-(3), Sess. L. 2010, p. 208.

The provisions of this subchapter are severable and if any of its provisions or any sentence, clause or paragraph shall be held invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions hereof. History: Added Jan. 29, 1982, No. 4674, § 2, Sess. L. 1982, p. 14.

This subchapter shall become effective 120 days after January 29, 1982. History: Added Jan. 29, 1982, No. 4674, § 2, Sess. L. 1982, p. 14.

History: Repealed. Mar. 5, 2005, No. 6727, § 7, Sess. L. 2005, p. 31.

History: Repealed. Mar. 5, 2005, No. 6727, § 7, Sess. L. 2005, p. 31.

History: Repealed. Mar. 5, 2005, No. 6727, § 7, Sess. L. 2005, p. 31.

History: Repealed. Mar. 5, 2005, No. 6727, § 7, Sess. L. 2005, p. 31.

History: Repealed. Mar. 5, 2005, No. 6727, § 7, Sess. L. 2005, p. 31.

History: Repealed. Mar. 5, 2005, No. 6727, § 7, Sess. L. 2005, p. 31.

History: Repealed. Mar. 5, 2005, No. 6727, § 7, Sess. L. 2005, p. 31.

History: Repealed. Mar. 5, 2005, No. 6727, § 7, Sess. L. 2005, p. 31.

(a) The Virgin Islands Board of Contractors, Trades, and Crafts (Board) is hereby established within the Department of Licensing and Consumer Affairs. The Board is composed of nine members, including the Commissioner of the Department of Licensing and Consumer Affairs or the Commissioner's designee, as an ex officio member; three general construction contractors; two electrical contractors; two plumbing contractors; and one mechanical contractor appointed by the Governor with the advice and consent of the Legislature. Each appointed member shall be a resident of the Virgin Islands and shall have been a licensed general construction contractor in good standing for at least three years prior to the date of appointment. Four members shall be residents of the District of St. Croix, and four members shall be residents of the District of St. Thomas/St. John, one of whom shall be a resident of St. John. (b) All members shall serve terms of three years, except that any person appointed to fill a vacancy occurring on the Board prior to the expiration of the term for which his predecessor was appointed, shall be appointed only for the remainder of such term. Each member of the Board shall continue to serve until his successor is appointed by the Governor and confirmed by the Legislature. Five members of the Board shall constitute a quorum. However, until the Governor has appointed at least four members of the Board and the members are confirmed by the Legislature, the Commissioner shall assume the powers and duties of the Board and act on its behalf. (c) The Board shall elect at its first meeting in each calendar year one of its members to serve as Chairman and another member to serve as Vice Chairman. (d) The Board, under the hand of its Chairman and the seal of the Board, may subpoena witnesses and compel their attendance and require the production of papers, records or documents in any inquiry, proceeding or for discovery that may be instituted by it or be pending before it. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board. (e) Each member of the Board shall receive $75 per diem for each day or part thereof spent in the work of the Board, plus actual travel expenses. (f) A member of the Board may be removed by the Governor for cause. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; amended Feb. 1, 2001, No. 6391, § 2(o)(1), Sess. L. 2000, p. 454; amended Apr. 11, 2022, No. 8564, § 1(a)-(e), Sess. L. 2022, p. 137, 138.

As used in this chapter, unless the context requires a different construction, application, or meaning- (1) "Board" means the Virgin Islands Board of Contractors, Trades, and Crafts. (2) "Commissioner" means the Commissioner of the Department of Licensing and Consumer Affairs. (3) "Contractor" means any person contracting or undertaking as prime contractor, subcontractor, or sub- subcontractor of any tier to do any erection, building, construction, reconstruction, demolition, repair, maintenance, or related work on any public or private project; however, the term, "contractor" does not include any owner of a dwelling or other structure to be constructed, altered, repaired, or improved and not for sale, lease public use or assembly. (4) "Electrical Contractor" means a person licensed under this chapter as an electrical contractor qualified by education, training, experience, and knowledge to perform the fabrication, construction, and installation of generators, transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures, appliance, or apparatus that uses electrical energy. (5) "General Construction Contractor" means a person or business that contracts to oversee a building project usually involving the use of subcontractors and manages all aspects of the day-to-day activities at the jobsite. (6) "Mechanical Contractor" means a person that contracts to oversee mechanical projects such as heating or cooling systems, refrigeration, piping and plumbing. (7) "Master Electrician" means a person licensed under this chapter as a master electrician having the qualification, training, experience, and knowledge to properly plan, layout and supervise the wiring installation, and repair of electrical apparatus and equipment for light, heat, power and other purposes. (8) "Master Mechanic" means a person licensed under this chapter as a master mechanic having the qualifications and proficiency to repair and maintain specific equipment, supervise the work of installation and repair, and utilize a working knowledge in compliance with building and other applicable codes. (9) "Master Plumber" means a person licensed under this chapter as a master plumber having the qualifications, training, experience, and knowledge to properly plan and layout projects and supervise persons in the plumbing trade. (10) "Person" means any individual firm, corporation, joint venture or partnership, association, or other type of business entity. (11) "Plumbing Contractor" means a person licensed under this chapter as a plumbing contractor qualified by education, training, experience, and knowledge to perform the fabrication or installation of material and fixtures to create and maintain sanitary conditions in a building by providing permanent means for a supply of safe and pure water, means for the timely and complete removal from the premises of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life and the occupation of such premises. (12) "Private project" means any project for erection, building, construction, reconstruction, repair, maintenance, or related work which is not funded in whole or in part with public funds. (13) "Public funds" means monies of public agencies, whether obtained from taxation, donation or otherwise; or monies being expended by public agencies for the purposes for which such public agencies exist. (14) "Public project" means any project for erection, building, construction, reconstruction, repair, maintenance, or related work which is funded in whole or in party with public funds. History: Added Apr. 11, 2022, No. 8554, § 1(c), Sess. L. 2022, p. 104, 105.

(a) It shall be unlawful for any person to operate as or use the title of contractor or the titles of the following professions within the Virgin Islands unless the person is licensed as provided for in this chapter: (1) General Construction Contractor (2) Plumber Contractor (3) Electrician Contractor (4) Mechanic Contractor (5) Master Plumber (6) Master Electrician (7) Master Mechanic (8) Fiber Optic Technician. (b) Any person who uses the titles in (a)(l)-(4) without having obtained a license as provided for in this chapter is guilty of a misdemeanor punishable by a fine of not less than $1,000 and not more than $10,000. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; Former 27 V.I.C. § 331 was renumbered to be § 331a, by Act No. 8554, § 1(b)(1), (2), effective April 11, 2022.

Any person wishing to practice as any of the professions listed in section 331(a) in the Virgin Islands or to engage in any construction trade as a business shall obtain a license to do so in accordance with the provisions of this chapter. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; amended Feb. 1, 2001, No. 6391, § 2(o)(2), Sess. L. 2000, p. 455; amended Apr. 11, 2022, No. 8554, § 1(d), Sess. L. 2022, p. 105.

(a) The Board shall have the power and duty to: (1) adopt an official seal; (2) examine, issue, suspend and revoke licenses issued under this chapter; (3) establish fees to be charged and collected; (4) adopt, amend and repeal rules and regulations and bylaws, not inconsistent with the provisions of this chapter, upon finding that such are necessary for the furtherance of the provisions of this chapter, which rules, regulations or bylaws, when approved by the Governor, shall be deemed to be a part of and of the same effect as this chapter; (5) employ counsel, subpoena witnesses, and administer oaths; (6) submit to the Governor and to the Legislature, through the Commissioner, annual reports containing a summary of its work, and any other data, which the Governor, the Commissioner or the Legislature may request; (7) develop and administer the criteria, standards and testing for examination and determining the competency and qualifications of contractors; (8) determine the types and classes of licenses and the qualifications for each applicable license; (9) investigate acts of negligence, wrongdoing, and official complaints filed through the Department of Licensing and Consumer Affairs; and (10) establish and set the rate basis for contractors fees. (11) award compensatory damages where a complainant has proved his case against a contractor. (12) establish the amount of public liability insurance general construction contractors are required to carry. (b) The Commissioner of the Department of Licensing and Consumer Affairs may exercise the powers granted to the Board in subsection (a), paragraph (2) whenever the Board is unable to perform. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; amended Feb. 1, 2001, No. 6391, § 2(o)(3), Sess. L. 2000, p. 455; amended July 9, 2018, No. 8063, § 10(1)-(3), Sess. L. 2018, p. 123.

Applications for licenses under this chapter shall be forwarded to the Chairman of the Board and shall be accompanied by satisfactory proof in writing that the applicant - (1) is of good moral character as shown by at least three letters of favorable character testimony; and (2) has had a previous valid license in any other Jurisdiction or prior experience in the field of construction. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; amended Feb. 1, 2001, No. 6391, § 2(o)(4), Sess. L. 2000, p. 455.

(a) Every applicant for a license pursuant to this chapter shall be required to be tested in writing and by practical examination issued and administered by the Board to show that the applicant has sufficient knowledge, technical training and administrative ability to perform, supervise and manage the practice of any of the professions in section 331(a). The Board shall administer examinations three times each year on each island. To become a licensed contractor, candidates must pass the appropriate accredited national exam and local exam. The Board shall also conduct such investigations as may be proper to determine the character, fitness, and knowledge of applicants. (b) Within 15 days after an applicable examination, the Board shall notify the Commissioner of the names and addresses of all persons who have passed the examination and of the particular licenses they are entitled to receive. (c) Any person who fails to pass an examination may apply for reexamination after the expiration of 60 days upon payment of the regular examination fee. No person shall be allowed to sit for the examination more than two times in any calendar year. (d) All examinations and any accompanying information issued by the Board, to carry out the provisions of the chapter, shall be issued in English and in Spanish. (e) Notwithstanding subsection (a), the Board may grant competency examination reciprocity to any contractor, or endorse any specialty licensee under section 335a, who is licensed by another state, without imposing any further competency examination requirements if the applicant: (1) furnishes evidence that the contractor has a license issued on the basis of a competency examination administered in a state that has an examining board that regularly gives a written examination which has been approved by that state's Board; (2) furnishes evidence of passing the written examination that qualified the applicant for such license; (3) has been actively engaging in the business for which the applicant is licensed for two years or more; and (4) has held a license for this business for one year or more. (f) For purposes of this section, "endorse" means the process of granting a license to an applicant who is licensed in good standing at the equivalent designation in another jurisdiction. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; amended Feb. 1, 2001, No. 6391, § 2(o)(5), Sess. L. 2000, p. 455; amended Apr. 11, 2022, No. 8554, § 1(d)(1)(A), (B), 2, Sess. L. 2022, p. 105.

In order to protect the public health, comfort and safety, the Board may, by regulation, establish specialty licenses and the requirements for the issuance of those licenses, in the following occupations: (1) Alarm systems, access systems, and security equipment (2) Air conditioner repair (3) Asphalt paving (4) Carpentry (5) Communication equipment installer (6) Communication systems and low voltage electrical (7) Concrete/concrete paving (8) Construction cleaning (9) Construction management (10) Demolition (11) Ductwork for heating, air conditioning and ventilation (12) Excavation, grading and drainage (13) Fencing (14) Fiber Optic Technician (Low Voltage) (15) Fueling systems (16) Heat, a/c, ventilation, (HVAC) (17) Instrumentation, controls and energy management - mechanical (18) Insulation - pipes and duct work (19) Irrigation systems (20) Landfill construction (21) Landscaping, grading and beautification (22) Lathing, plastering and stucco (23) Marine construction (24) Masonry, brick and stone (25) Paint and wall covering (26) Refrigeration repair (27) Remodeling (28) Roofing (29) Sewer pipe cleaning (30) Solar construction (31) Swimming pools (32) Telecommunications (33) Tiling (34) Transmission and distribution lines (electrical) (35) Waste disposal (36) Welding History: Added Apr. 11, 2022, No. 8554, § 1(f), Sess. L. 2022, p. 106, 107.

(a) Applicants for licenses pursuant to this chapter shall: (1) file with the Board proof that he carries all insurance require by law including, but not limited to, Worker's Compensation and automobile insurance, as well as public liability insurance in an amount as established by the Board. (2) show that he maintains a regular place of business at a physical address in the Virgin Islands. (b) (1) A license that is issued for any of the professions in section 331(a) or 335a to a person representing a business operating under a trade, partnership or corporation name, is valid only as long as the name or names appearing on such license are the same as the name or names of the person or persons operating such business. If there is any change in the status of either the person representing such business or in the business name, a new license is required. (2) A person serving as the representative under the license shall devote full time to the business for which the license is issued and shall personally sign applications for certificates of electrical, fiber optic or plumbing inspection, as the case may be. (c) If any qualifier ceases to be connected with the licensee or business, then the license remains in full force for a period of 90 days. After 90 days, the license is invalidated, but the licensee is entitled to return to active status pursuant to all relevant statutes and rules promulgated by the Board. During the 90-day period described in this subsection, the licensee may not bid on or undertake any additional contracts to be connected with the licensee until the license is reinstated as provided in this chapter. (d) For purposes of this section, "qualifier" means any person who has passed a competency examination administered by the Board and is representing a business. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; amended Feb. 1, 2001, No. 6391, § 2(o)(6), Sess. L. 2000, p. 455; amended Apr. 11, 2022, No. 8554, § 1(g)(1)-(3), Sess. L. 2022, p. 107, 108.

No person who has obtained a license pursuant to this chapter shall allow his name or the business in whose name the license was issued to be used by another person or company either for the purpose of obtaining required permits or for doing business or work under such license. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243.

(a) Every person licensed in any of the professions under section 331(a)(1)-(4) shall execute and deposit with the Commissioner a bond in a sum of not less than $100,000 and with such number of U.S. Treasury listed and rated sureties as the Board may determine, to be conditioned upon: (1) the faithful performance of all work in accordance with applicable building codes and regulations; (2) the licensee's paying all compensatory awards to consumers in whose favor such awards are rendered by the Board, as well as all fines and penalties properly imposed upon him for violation of the provisions of this chapter and any other applicable law; and (3) the licensee's indemnifying the Government of the Virgin Islands, or the Board, as being held harmless from the consequences of any and all acts of said licensee during the period covered by such bond. (b) Every person licensed in any of the professions under section 331(a)(5)-(8) and 335a, shall execute and deposit with the Commissioner a bond in a sum of not less than $2,000 and with such number of sureties as the Board may determine, to be conditioned upon: (1) the faithful performance of all work in accordance with applicable electrical or plumbing codes and regulations, as the case may be; (2) the licensee paying all compensatory awards to consumers in whose favor the awards are rendered by the Board, as well as all fines and penalties properly imposed upon him for violation of the provisions of this chapter and any other applicable law; and (3) the licensee indemnifying the Government of the Virgin Islands, or the Board, as being held harmless from the consequences of any and all acts of the licensee during the period covered by the bond. (c) No license issued pursuant to this chapter shall be valid unless a bond is executed and deposited as provided by this section. Pursuant to the powers granted by section 324 of this chapter, the Board may, by rules and regulations, uniformly increase the amount of any bond required by this section. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; amended Feb. 1, 2001, No. 6391, § 2(o)(7), Sess. L. 2000, p. 456; amended Apr. 11, 2022, No. 8554, § 1(h)(1), (2), Sess. L. 2022, p. 108.

The fee for taking each examination to be licensed under this chapter shall be set by the Board but shall not exceed $500. Such fee shall be paid to the Department of Licensing and Consumer Affairs prior to the examination. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; amended Feb. 1, 2001, No. 6391, § 2(o)(8), Sess. L. 2000, p. 456; amended Apr. 11, 2022, No. 8554, § 1(i), Sess. L. 2022, p. 109.

(a) The Board may refuse to grant, or may suspend, revoke or refuse to renew any license if the holder has- (1) secured such license by any misrepresentation; (2) demonstrated a level of competence manifestly inconsistent with the retention of the license in question; (3) engaged in fraudulent business activities or in misleading advertising practices; (4) violated a provision of this chapter; (5) committed an act of gross negligence or condoned such an act by an employee of his; (6) failed to adequately and properly supervise employees in compliance with recognized safety standards as applicable to local and federal agencies having oversight and jurisdiction; (7) For a General Construction Contractor: (A) failed to secure any inspection of building construction required in order to ascertain compliance with the Uniform BUniform Building CodeO Building Building Codeother rules, regulations, applicable provisions or standards as they may now apply or are amended hereafter; or (B) failed to perform construction in conformance with standards established by the Uniform BUniform Building CodeO Building Building Codeother rules; regulations, applicable provisions and standards as they may apply or are amended hereafter. (8) For any of the professions in section 331(2)-(8): (A) failed to secure inspection of electrical or plumbing projects by an inspection authority provided by law; or (B) failed to perform electrical projects or plumbing projects in conformance with standards of the National Electrical Code Telecommunications Industry Association/Electronic Industry Association, Optical Fiber Cabling Components Standards, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Swimming Pool, Spa and Hot Tub Code, and Uniform Solar Energy Code. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; amended Feb. 1, 2001, No. 6391, § 2(o)(9), Sess. L. 2000, p. 456; amended Apr. 11, 2022, No. 8554, § 1(j), Sess. L. 2022, p. 109.

(a) Any person aggrieved by an action of a licensee may file charges against the licensee as set forth in this section. Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the secretary of the Board. The Board, unless dismissed by the Board as unfounded or frivolous, shall hear all charges, after completing any necessary investigation. (b) The time and place for the hearing shall be fixed by the Board and a copy of the charges together with a notice of the time and place of hearing shall be personally served on or sent by certified mail to the last known address of the licensee at least 15 days before the date fixed for the hearing. (c) At any hearing the accused licensee shall have the right to appear personally and by counsel to cross- examine witnesses appearing against him and to produce evidence and witnesses in his own defense. (d) No license shall be suspended or revoked except upon the agreement of at least five members of the Board. (e) The losing party shall reimburse the prevailing party for all reasonable costs, expenses and attorney's fees. The Board shall promulgate rules and regulations establishing reasonable costs, expenses and attorneys' fees. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; amended Feb. 1, 2001, No. 6391, § 2(o)(10), Sess. L. 2000, p. 456; amended Apr. 11, 2022, No. 8564, § 2, Sess. L. 2022, p. 138.

A person whose license has been revoked may become eligible not earlier than three years from the date of the revocation for a new license, upon meeting all of the requirements of this chapter. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; amended Feb. 1, 2001, No. 6391, § 2(o)(11), Sess. L. 2000, p. 456.

(a) Any person aggrieved by an action of the Board in revoking, suspending, or refusing to issue his or its license may appeal such action to any court of competent jurisdiction in the Virgin Islands within 30 days after the date of such action. The filing of an appeal shall not stay the action complained of, unless specifically ordered by the court. If the aggrieved party fails to file an appeal with the court within thirty days of the date of the relevant action of the Board, the Board's findings and ruling shall be final. (b) Upon appeal, every finding, decision and determination by the Board, as to questions of fact, shall be deemed final in the absence of conclusive evidence showing to the court fraud or that the decision of the Board was not based on substantial evidence in the record. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; amended Feb. 1, 2001, No. 6391, § 2(o)(12), Sess. L. 2000, p. 456.

Whoever violates any provisions of this chapter or any rule or regulation thereunder shall be fined not less than $1,000 for each violation or act of non-compliance; but failure to renew a license under this chapter is punishable by a monthly $100 fine for up to a maximum of 12 months. History: Added Dec. 30, 1999, No. 6337, § 1(a), Sess. L. 1999, p. 243; amended Apr. 11, 2022, No. 8554, § 1(k), Sess. L. 2022, p. 109.

The bona fide owner and occupier of a single-family dwelling used exclusively for living purposes, including the usual accessories and quarters in connection with the dwelling, may perform general contracting, electrical, plumbing, fiber optic and mechanical work on the dwelling, without obtaining a license under this chapter, if the person complies with all applicable building, plumbing, electrical, and fiber optic codes. History: Added Apr. 11, 2022, No. 8554, § 1(l), Sess. L. 2022, p. 109.

(a) For the purpose of the provisions of this law concerning closing time the term "hotel business" shall be construed to include every business used and kept open for the feeding of guests, and in which there are at least 12 furnished bedrooms for their occupancy and no other permanent dwellers therein but the family and servants of the hotelkeeper. (b) The term "Night Club" shall be construed to include every business which has a capacity for at least 30 persons seated at tables and the bar, and which maintains a bartender, table service, and dancing and/or other live entertainment for the guests. History: June 27, 1957, No. 223, § 3, Sess. L. 1957, p. 145; amended Dec. 17, 1958, No. 369, § 3, Sess. L. 1958, p. 168.

Effective July 1, 1957, business establishments, including taverns, shall cease doing business, including the dispensing of liquors, and close doors to the public at 1:00 a.m. of every day, except Saturdays, Sundays and legal holidays when the hour of ceasing business and closing doors to the public shall be 2:00 a.m. Provided, that any such business establishment may remain open after 2:00 a.m. upon the owner making application to the Police Commissioner for a Special License for said purpose, and upon payment of a special license fee of $1,000 for each hour the business establishment will be opened after 2:00 a.m. Provided, further, that no special license shall be granted which will extend the closing time beyond 4:00 a.m. Provided, further, that no special license shall be granted to bars and taverns which are surrounded by at least two dwellings within a distance of 100 feet on any two sides of said bar or tavern. Night clubs shall cease business and close doors to the public at 4:00 a.m. and any night club that is enclosed 100% shall close its doors to the public at 5:00 a.m. of every day except that night clubs which are surrounded by at least two dwellings within a distance of 100 feet on any two sides of said night club shall close at 1:00 a.m. on weekdays and 2:00 a.m. on Saturdays, Sundays, and legal holidays. On Christmas Day, Fourth of July and New Year's Day the hour of ceasing business and closing doors to the public shall be 4:00 a.m. Taverns shall not be opened before 8:00 a.m. Restaurants, hucksters' shops, places selling food and nonalcoholic drinks only, or for which a public dance license has been obtained, are exempt from the provisions of this section. The playing volume of nickelodeons and similar instruments in such business places shall be controlled at 12:00 midnight by the owner and the Police in order to prevent any disturbance of the peace of any adjacent residents. History: June 27, 1957, No. 223, § 1, Sess. L. 1957, p. 145; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; May 1, 1990, No. 5541, Sess. L. 1990 p. 170; Oct. 31, 1998, No. 6269, § 17, Sess. L. 1998, p. 451.

St. Croix Christmas Festival The provisions of section 352a of this title, which prescribe the closing time for business establishments, including taverns, and night clubs, shall be suspended during the respective periods of the annual Virgin Islands Carnival and the St. Croix Christmas Festival. The Governor of the Virgin Islands shall proclaim the specific dates included in such periods, during which all business establishments, including taverns and night clubs engaged in the dispensing of liquors, may remain open until 6:00 a.m. Nothing contained in this section shall be deemed to suspend any requirements of section 352a of this title as to the opening hours of taverns or the playing volume of nickelodeons and similar instruments in business places and the control thereof. History: Added Apr. 22, 1959, No. 392, § 1, Sess. L. 1959, p. 3.

(a) A night club license shall be issued to all qualified applicants for the purpose of operating a night club as defined in section 351a of this title. The annual fee for a night club license shall be $250. (b) No night club license shall be issued for the operation of any night club that is less than one hundred (100) feet from a church. This subsection shall not apply to any night club in operation prior to passage of this subsection. History: Amended Mar. 24, 1998, No. 6221, § 6, Sess. L. 1998, p. 228.

This chapter shall not apply to agencies of the Territorial or Federal Governments, or religious, charitable, benevolent or educational organizations when not engaged in the conduct of business pursuits for profit, nor shall it apply to transactions involving a charitable or benevolent purpose.

Whoever willfully fails or refuses to comply with any requirement which this chapter imposes on him shall be fined not more than $100 or imprisoned not more than 30 days, or both.

As used in this chapter, the following terms shall have the following meaning: (a) "Department" means the Virgin Islands Department of Licensing and Consumer Affairs. (b) "Ferrous metals" means metallic objects containing significant quantities of iron or steel. (c) "Fixed location" means any area occupied by a metal recycler as owner of the site or as lessee of the site under a lease or other rental agreement providing for occupation of the site by the secondary metals recycler for a total duration of not less than 6 (six) months. (d) "Money" means United States currency or any other medium of exchange authorized or adopted by a domestic or foreign government as part of its currency. (e) "Non-ferrous metals" means metallic objects not containing significant quantities of iron or steel, including but not limited to, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof, excluding precious metals as defined and subject to regulation under Chapter 9 of this title. (f) "Personal identification card" means any government-issued photographic identification card. (g) "Purchase transaction" means a transaction in which a secondary metals recycler gives consideration for the purchase or receipt of regulated metals property. (h) "Recycler" shall mean, any person or entity who or which receives scrap metal from a seller retailer for the purpose of processing the raw metal into usable products. (i) "Regulated metals property" means any item composed primarily of any nonferrous metals, but shall not include recyclable aluminum containers, recyclable beverage containers, or similar beverage containers. The term shall include stainless steel beer kegs or stainless steel soft drink beverage containers. (j) "Scrap metal" means any ferrous or nonferrous metal that is no longer used for its original purpose and is capable of being processed for reuse by a metal recycling facility, including, but not limited to, iron, brass, wire, cable, copper, bronze, aluminum, platinum, lead, solder, steel, stainless steel, catalytic convertors, or other similar obsolete ferrous or nonferrous metals, but shall not include recyclable aluminum cans. (k) "Scrap metal dealer" means any person, entity, firm, company, partnership, association, or corporation that purchases products containing ferrous or nonferrous metals for recycling or resale, who: (1) Is engaged, from a fixed location or otherwise, in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose or who is in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value; or (2) Has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, other than by the exclusive use of hand tools, by methods including, without limitation, processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content thereof. History: Added Oct. 15, 2013, No. 7513, § 1, Sess. L. 2013, p. 96-98.

(a) License required. Any person, entity, firm, company, partnership, association or corporation, before commencing operation as a scrap metal recycler or dealer in the Virgin Islands shall first secure a license in accordance with the requirements set by the Department of Licensing and Consumer Affairs. (b) Licensure. No person shall engage in the business as a scrap metals dealer or recycler at any location without receiving a license from the Department of Licensing and Consumer Affairs. (c) A fee equal to the federal and territorial costs for processing required fingerprints must be submitted to the Department with each application for licensure. One application is required for each scrap metals dealer or recycler. If a scrap metals dealer or recycler is the owner of more than one scrap metals recycling location, the application must list each location, and the Department shall issue a duplicate license for each location, with the respective location or address affixed thereto. For purposes of subsections (3), (4), and (5) of this section, the duplicate licenses shall be deemed individual licenses. A scrap metals dealer or recycler shall pay a fee per location at the time of licensure and an annual renewal fee per location on January 2nd of each year. The appropriate fees shall be set by the Department. (d) The Department shall forward the full set of fingerprints to the Virgin Islands Police Department for territorial and federal processing, provided the federal service is available, to be processed for any criminal justice information. The cost of processing such fingerprints shall be payable to the Virgin Islands Police Department by the applicant. The Department may issue a temporary license for each location pending completion of the background check by territorial and federal law enforcement agencies, but shall revoke such temporary license if the completed background check reveals a prohibited criminal background. The Virgin Islands Police Department shall report its findings to the Department within 15 days after the date fingerprint cards are submitted for criminal justice investigation. (e) An applicant for a scrap metals dealer or recycler license must be a natural person who has reached the age of 18 years or a corporation or company organized or qualified to do business in the Territory. If the applicant is: (1) a natural person, the application must include a complete set of her or his fingerprints, certified by an authorized law enforcement officer, and a recent full-face photographic identification card of the applicant. (2) a partnership, all the partners must sign the application for license. (3) a corporation, the application must include the name, telephone number and address of such corporation's registered agent for service of process in the Territory and a certified copy of a statement from the Lieutenant Governor's Office that the corporation is duly organized in the Territory or, if the corporation is organized in a state within the United States of America, a certified copy of the statement that the corporation is duly qualified to do business in this Territory. (f) A scrap metals dealer or recycler's license shall be conspicuously displayed at the place of business set forth on the license. A scrap metals dealer or recycler shall not dispose of property at any location until any holding period has expired. (g) The Department may impose a civil fine of up to $10,000 for each knowing and intentional violation of this section, which fine shall be transferred into the General Fund of the Government of the Virgin Islands. If the fine is not paid within 60 days, the Department may bring a civil action to recover the fine. (h) In addition to the fine provided in subsection (g), a license under this section may be denied or any license granted may be revoked, restricted, or suspended by the Department if, within a 24-month period immediately preceding such denial, revocation, restriction, or suspension: (1) The applicant or licensee has been convicted of knowingly and intentionally: (A) Violating sections 371, 372 or 373 of this Chapter; (B) Failing to keep records as required by section 372 of this Chapter; (C) Making a material false statement in the application for registration; or (D) Engaging in a fraudulent act in connection with any purchase or sale of regulated metals property; (2) The applicant or licensee has been convicted of, or entered a plea of guilty or nolo contendere to, a felony committed by the scrap metals dealer or recycler against the laws of the Territory or of the United States involving theft, larceny, dealing in stolen property, receiving stolen property, burglary, embezzlement, obtaining property by false pretenses, possession of altered property, or any felony drug offense or of knowingly and intentionally violating the laws of the Territory relating to licensure as a scrap metals dealer or recycler; or (3) The applicant has, after receipt of written notice from the Bureau of Internal Revenue of failure to pay excise tax, failed or refused to pay, within 30 days after the scrap metals dealer or recycler's receipt of such written notice, any excise tax owed to the Bureau of Internal Revenue. (i) A denial of an application, or a revocation, restriction, or suspension of a licensee, by the Department shall be probationary for a period of 12 months in the event that the scrap metals dealer or recycler subject to such action has not had any other application for a license denied, or any license revoked, restricted, or suspended, by the Department within the previous 24-month period. (j) If, during the 12-month probationary period, the Department does not again deny an application or revoke, restrict, or suspend the license of the scrap metals dealer or recycler, the action of the Department shall be dismissed and the record of the scrap metals dealer or recycler cleared thereof. (k) If, during the 12-month probationary period, the Department, for reasons other than those existing prior to the original denial or revocation, restriction, or suspension, again denies an application or revokes, restricts, or suspends the license of the scrap metals dealer or recycler, the probationary nature of such original action shall terminate and both the original action of the Department and the action of the Department causing the termination of the probationary nature thereof shall immediately be reinstated against the scrap metals dealer or recycler. (l) Upon the request of a law enforcement official, the Department shall release to the official the name and address of any scrap metals dealer or recycler licensed to do business within the Territory. History: Added Oct. 15, 2013, No. 7513, § 1, Sess. L. 2013, p. 98-101.

(a) A scrap metal dealer or recycler shall maintain a legible record of all purchase transactions to which such secondary metals dealer or recycler is a party. (b) The following information must be maintained on a form approved by the Virgin Islands Police Department for each purchase transaction: (1) The name, address and phone number of the scrap metals dealer or recycler; (2) The name, address and phone number of the person delivering the regulated metals to the dealer or recycler; (3) The name, initials, or other identification of the individual entering the information on the form; (4) The date and time of the transaction; (5) The weight, quantity, or volume, and a description of the type of regulated metals property purchased in a purchase transaction; (6) The amount of consideration given in a purchase transaction for the regulated metals property; (7) A signed statement from the person delivering the regulated metals property stating that she or he is the rightful owner of, or is entitled to sell, the regulated metals property being sold. If the purchase involves a stainless steel beer keg, the seller must provide written documentation from the owner or retailer to whom the keg has been entrusted that the seller is the owner of the stainless steel beer keg or is an employee, consignee or agent of the owner; (8) The distinctive number from the personal identification card of the person delivering the regulated metals property to the scrap metals dealer or recycler; (9) A description of the person from whom the goods were acquired, including: (A) Full name, current residential address, workplace, and home and work phone numbers; (B) The right thumbprint, free of smudges and smears; (C) Vehicle description to include the make, model, and tag number of the vehicle and trailer of the person selling the regulated metals property; and (D) Any other information required by the form approved by the Virgin Islands Police Department; and (10) A photograph, videotape, or digital image of the regulated metals being sold; (11) A photograph, videotape, or similar likeness of the person receiving consideration in which such person's facial features are clearly visible; (c) Any scrap metals dealer or recycler that maintains an electronic database containing the information required in subsection (b)(8) of this section, along with an oath of ownership with a signature of the seller of the scrap metals being purchased by the scrap metals dealer or recycler and a right thumbprint that has no smudges and smears on the oath of ownership for each purchase transaction, shall be exempt from the records requirement of (b)(8). A scrap metals dealer or recycler complies with the requirements of this section if it maintains an electronic database containing the information required by paragraph subsection (b)(8) as long as the electronic information required by paragraph (b)(8), along with an electronic oath of ownership with an electronic signature of the seller of the scrap metals being purchased by the scrap metals dealers or recyclers and an electronic image of the seller's right thumbprint that has no smudges and smears, can be downloaded onto a paper form in the image of the form approved by the Virgin Islands Police Department as provided in subsection (b). (d) A scrap metals dealer or recycler shall maintain or cause to be maintained the information required by this section for not less than 3 years from the date of the purchase transaction. (e) If a purchase transaction involves the transfer of regulated metals property from a scrap metals dealer or recycler registered with the Department to another scrap metals dealer or recycler registered with the Department, the scrap metals dealer or recycler receiving the regulated metals property shall record the name address, and telephone number of the scrap metals dealer or recycler from which it received the regulated metals property in lieu of the requirements of paragraph (2)(h). History: Added Oct. 15, 2013, No. 7513, § 1, Sess. L. 2013, p. 101-103.

During the usual and customary business hours of a scrap metals dealer or recycler, a law enforcement officer, including Environmental Enforcement Officers of the Virgin Islands Waste Management Authority, shall, after properly identifying herself or himself as a law enforcement officer or environmental officer shall have the right to inspect: (1) The site of the dealership or recycling operator to ensure that it is environmentally appropriate and that the business may be permitted pursuant to 29 V.I.C., Chapter 8; (2) Any and all purchased regulated metals property in the possession of the scrap metals dealer or recycler; and (3) Any and all records required to be maintained under section 372 of this Chapter. History: Added Oct. 15, 2013, No. 7513, § 1, Sess. L. 2013, p. 103.

(a) Whenever an enforcement officer has reasonable cause to believe that certain items of regulated metals property in the possession of a scrap metals dealer or recycler have been stolen, the Police Commissioner may issue a hold notice to the scrap metals dealer or recycler. (b) The hold notice shall be in writing, shall be delivered to the scrap metals dealer or recycler, shall specifically identify those items of regulated metals property that are believed to have been stolen and that are subject to the notice, and shall inform the scrap metals dealer or recycler. (c) Upon receipt of the notice issued in accordance with this section, the scrap metals dealer or recycler receiving the notice may not process or remove the items of regulated metals property identified in the notice, or any portion thereof, from the place of business of the scrap metals dealer or recycler for 15 calendar days after receipt of the notice by the scrap metals dealer or recycler, unless sooner released by the Police Commissioner by notice to that effect. History: Added Oct. 15, 2013, No. 7513, § 1, Sess. L. 2013, p. 103, 104.

(a) No later than the expiration of the foregoing 15-day period, the Police Commissioner may issue a second hold notice to the scrap metals dealer which shall be an extended hold notice, which shall operate as follows: (b) The extended hold notice shall be in writing, shall be delivered to the scrap metals dealer or recycler, shall specifically identify those items of regulated metals property that are believed to have been stolen and that are subject to the extended hold notice, and shall inform the scrap metals dealer or recycler of the information contained in this section; and (c) Upon receipt of the extended hold notice issued in accordance with this section, the scrap metals dealer or recycler receiving the extended hold notice may not process or remove the items of regulated metals property identified in the notice, or any portion thereof, from the place of business of the scrap metals dealer or recycler for 30 calendar days after receipt of the extended hold notice by the scrap metals dealer or recycler, unless sooner released by the Police Commissioner. (d) At the expiration of the hold period or, if extended in accordance with this section, at the expiration of the extended hold period, the hold is automatically released and the scrap metals dealer or recycler may dispose of the regulated metals property unless other disposition has been ordered by a court of competent jurisdiction. History: Added Oct. 15, 2013, No. 7513, § 1, Sess. L. 2013, p. 104, 105.

This Chapter shall not apply to purchases of regulated metals property from: (1) Organizations, corporations, or associations registered with the Territory as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organizations or associations, or from any nonprofit corporation or association, provided proof of such status is presented to the scrap metal dealer or recycler; (2) The Virgin Islands Waste Management Authority; (2) [sic] A law enforcement officer acting in an official capacity; (3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the scrap metals dealer or recycler; (4) Any public official acting under judicial process or authority who has presented proof of such status to the scrap metals dealer or recycler; (5) A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the scrap metals dealer or recycler; or (6) A manufacturing, industrial, or other commercial vendor that generates regulated materials in the ordinary course of business. History: Added Oct. 15, 2013, No. 7513, § 1, Sess. L. 2013, p. 105.

(a) A seller shall not sell and a scrap metal recycler shall not purchase the following scrap metal unless, written documentation is provided that the seller is the owner of the scrap metal or is an employee, agent, or other person authorized to sell the scrap metal on behalf of the owner: (1) Scrap metal marked with the initials or identifying numbers of an electrical company, a telephone company, a cable company or any other public utility, or a brewer; (2) Sewer access utility access covers; (3) Sewer manhole covers; (4) Street light poles and fixtures; (5) Road and bridge guard rails; (6) Highway or street signs; (7) Water meter covers; (8) Metal beer kegs, including those made of stainless steel that are clearly marked as being the property of another person or entity; (9) Traffic directional and control signs; (10) Traffic light signals; (11) Any scrap metal removed from a building or other structure without the written consent of the property owner; (12) written consent of the property owner; (13) Property owned by a telephone, cable, electric, water or other utility and marked or otherwise identified as such; and (14) Unused and undamaged building construction or utility materials consisting of copper, pipe, tubing or wiring, aluminum wire, historical markers, or grave markers and vases. History: Added Oct. 15, 2013, No. 7513, § 1, Sess. L. 2013, p. 105, 106.

(a) Except as provided in paragraph (b) of this section, a scrap metals dealer or recycler who knowingly and intentionally violates any of the following commits a misdemeanor punishable by up to 4 days imprisonment or a fine of $500, or both: (1) Violates section 374 or section 377 of this Chapter; (2) Fails to keep records required by section 372 of this Chapter; (3) Violates section 381(4) of this Chapter; or (4) Violates section 371 of this Chapter. (b) A scrap metals dealer or recycler who commits a third or subsequent violation of subsection (a) commits a felony, punishable by up to 18 months imprisonment, and any of the following: (1) a fine of $5,000; or (2) any higher amount equal to double the pecuniary gain derived by the offender; or (3) any higher amount equal to double the pecuniary loss suffered by the victim. (c) A scrap metals dealer or recycler is presumed to know upon receipt of stolen regulated metals property in a purchase transaction that the regulated metals property has been stolen from another if the scrap metals dealer or recycler knowingly and intentionally fails to maintain the information required in section 372 and shall, upon conviction of a violation of Chapter 105 of Title 14 Virgin Islands Code, be punished as set forth therein in addition to any penalties proscribed in this Chapter. (d) Any person who knowingly gives false verification of ownership or who gives a false or altered identification and who receives money or other consideration from a scrap metals dealer or recycler in return for regulated metals property commits: (1) A felony, punishable by up to 18 months imprisonment or a fine up to $1,000, or both, if the value of the money or other consideration received is less than $300. (2) A felony, punishable by up to 24 months imprisonment or a fine up to $5,000, or both if the value of the money or other consideration received is $300 or more. (e) After two violations of this Chapter by a scrap metal merchant, in addition to the penalties proscribed in subsections (a), (b) and (c), the Department of Licensing and Consumer Affairs may revoke such merchant's business license. (f) If a lawful owner recovers stolen regulated metals property from a scrap metals dealer or recycler who has complied with § 379 of this Chapter, and the person who sold the regulated metals property to the scrap metals dealer or recycler is convicted of theft, a violation of this section, or dealing in stolen property, the court shall, as part of the sentence, order the person convicted to make full restitution, including, without limitation, attorneys" fees, court costs, and other expenses to the scrap metals dealer or recycler. (g) A person acting as a scrap metals dealer or recycler who is not registered with the Department under section 380 of this Chapter commits a felony, punishable by up to 24 months imprisonment or a fine up to $5,000, or both. History: Added Oct. 15, 2013, No. 7513, § 1, Sess. L. 2013, p. 106-108.

(a) If the scrap metals dealer or recycler contests the identification or ownership of the regulated metals property, the party other than the scrap metals dealer or recycler claiming ownership of any stolen goods in the possession of a scrap metals dealer or recycler may, provided that a timely report of the theft of the regulated metals property was made to the proper authorities, bring an action for replevin in the Superior Court by a complaint in substantially the following form: Plaintiff A. B. sues defendant C. D., and alleges: 1. This is an action to recover possession of personal property on the island of ____. 2. The description of the property is: (list property). To the best of plaintiff's knowledge, information, and belief, the value of the property is $____. 3. Plaintiff is the lawful owner of the property and can identify the property as belonging to the plaintiff in the following manner: (explain basis of identification). 4. Plaintiff is entitled to the possession of the property _____________. 5. To the plaintiff's best knowledge, information, and belief the property is located at __________. 6. The property is wrongfully detained by defendant, Defendant came into possession of the property by (describe method of possession). To plaintiff's best knowledge, information, and belief, defendant detains the property because (give reasons). 7. The property has not been taken under an execution or attachment against plaintiff's property. (b) The filing fees and the service fee shall be paid by the plaintiff. The court shall award the prevailing party reasonable attorney's fees and costs. (c) Upon the filing of the complaint, the court shall set a hearing to be held at the earliest possible time. Upon the receipt by a scrap metals dealer or recycler of a complaint for return, the scrap metals dealer or recycler shall hold, and shall not process or otherwise alter or dispose of, the regulated metals property at issue, or any portion thereof until the court determines the respective interests of the parties. History: Added Oct. 15, 2013, No. 7513, § 1, Sess. L. 2013, p. 108, 109.

A scrap metals dealer or recycler shall not enter into any cash transaction in excess of $100 in payment for the purchase of regulated metals property. Multiple payments of $100.00 or less during a single transaction with a seller is prohibited. History: Added Oct. 15, 2013, No. 7513, § 1, Sess. L. 2013, p. 109.

It is unlawful for a scrap metals dealer or recycler to do or allow any of the following acts: (1) Purchase regulated metals property between the hours of 8 p.m. and 6 a.m.; (2) Fail to pay any excise tax owed or fail to have a tax registration number; (3) Purchase regulated metals property at a location other than the place of business set forth in the license; (4) Purchase regulated metals property from any seller who presents such property for sale at the licensed location of the scrap metals dealer or recycler when such property was not transported in a motor vehicle; (5) Purchase regulated metals property in return for money from a trailer, a vehicle, or any location other than a fixed location or from any person who is required to prove ownership pursuant to paragraph (4) of this section. However, regulated metals may be purchased from a non-fixed location, or from such person, with any negotiable or nonnegotiable instrument, including a check or draft or any other type of instrument purchased with money and sold for the purpose of making payments or transfers to others. History: Added Oct. 15, 2013, No. 7513, § 1, Sess. L. 2013, p. 109.

For the purposes of this chapter- (1) Every building or other structure or group of structures under the same management kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests in which three or more rooms are furnished for the accommodation of such guests, whether with or without meals, shall, for the purpose of this chapter only, be deemed a "hotel". (2) "Hotelkeeper" or "Innkeeper" shall mean any person, firm, corporation or enterprise devoted to profit in the administration of a hotel, and, in accordance with the use of the term in this chapter, shall include officials, agents and employees of such person, firm, corporation or enterprise unless otherwise interpreted herein. (3) "Guests" shall mean those individuals who have registered in a hotel and to whom rooms have been assigned but shall also include, for the purpose of this chapter, (1) tenants, and (2) any person entering the property of a hotel with the intention of being a guest and regardless of whether or not he has actually become a registered guest.

The proprietor, lessee, or manager of any hotel shall provide a safe in the office of such hotel or other convenient place for the safekeeping of any money, jewelry, ornaments, bank notes, bonds, negotiable securities, precious stones, articles of gold and silver manufacture, or other valuable property of small compass, and shall notify the guests thereof by posting a printed copy of sections 402, 403, and 404 of this title near the registration office and in the public rooms in the hotel, and if a guest or traveler in such hotel neglects to deliver such property to the person in charge of such office for deposit in such safe, the proprietor or manager of such hotel shall not be liable for any loss of such property sustained by such guest or traveler by theft, damage, destruction or otherwise; but no hotel proprietor or manager shall be obliged to receive property on deposit for safekeeping exceeding $200 in value, and if such guest or traveler delivers such property to the person in charge of such office for deposit in such safe, such proprietor or manager shall not be liable for any loss in connection therewith sustained by such guest or traveler by theft, damage, destruction, or otherwise, in any sum exceeding the sum of $200; unless by special agreement in writing with such proprietor or manager.

(a) No hotel proprietor, lessee, or manager shall be liable- (1) for damage to or loss of wearing apparel or any baggage or other property of a guest in any sum exceeding the sum of $100, unless such hotelkeeper by an agreement in writing individually, or in writing by the authorized agent or clerk in charge of the office of such hotel, voluntarily assumes a greater liability with reference to such property; (2) for the loss of or damage to any merchandise samples or merchandise for sale unless the guest has given such hotelkeeper prior written notice of having the same in his possession, together with the value thereof, receipt of which notice the hotelkeeper shall acknowledge in writing over the signature of himself or of his agent thereunto duly authorized, but in no event shall such hotelkeeper be liable beyond the value of $100 unless he voluntarily assumes a greater liability with reference to such property in writing signed by the authorized agent or clerk in charge of the office of such hotel; (3) for the loss of or damage to property permitted to remain unattended by the guest unless the guest secures the same by leaving it in the room assigned to the guest and locks the door thereof; (4) in any sums exceeding $50 for the loss of or damage to the property of any person delivered to such hotelkeeper, his agent or employee, for transport to or from the hotel, unless at the time of delivering the same such value in excess of $50 is stated by such persons and a written receipt stating such value is issued by such hotelkeeper: Provided, however, That where such written receipt is issued, in no event shall the hotelkeeper be liable to any person beyond $100; or (5) for the custody of property delivered to or left with the hotel prior to or subsequent to the time when such person is obligated to pay for occupancy as a guest at the hotel, unless it is proved that the hotelkeeper assumed the obligation by issuing a written receipt stating the value thereof and that the property shall be held for a stated period of time; and if the latter is proved, in no event shall the hotelkeeper be liable in excess of $100. (b) Except as explained in sections 402 and 403 of this title, no hotelkeeper shall be responsible to any guest for the loss of any property that has been brought or left by him in any place in the hotel managed by said hotelkeeper, nor for the destruction or damage suffered by same; and a hotelkeeper shall not be responsible in any case to any guest for any loss or damage occasioned by fire, hurricane, earthquake, or any other condition caused or resulting from any act, omission, or condition beyond the control of the hotelkeeper, and the burden of proof thereof shall be upon the guest. (c) No hotelkeeper shall be responsible to any guest or other person for any loss through theft or damage brought about by other cause to any motor vehicle or to any other vehicle while it is parked in any free parking space provided by said hotelkeeper; nor for any loss brought about by theft or damage to any property left in said motor vehicle or other vehicle while it is thus parked. (d) None of the provisions in this section shall be interpreted to mean that anyone should be relieved of responsibility for acts carried out intentionally.

Hotelkeepers shall keep guest registers, but they shall not be obligated to retain such record for more than two years. Such registers shall show the name, residence, date of arrival and departure of guests, and the rate of their room. Whenever such proprietor, lessee or manager is under contract with a corporation, association, partnership or individual by the terms of which such corporation, association, partnership or individual is entitled to receive a percentage of the receipts from such business, such register shall be subject to the inspection of any corporation, association, partnership or individual who is under contract with such proprietor, lessee or manager by terms of which such corporation, association, partnership or individual is entitled to receive a percentage of the receipts from such business, and in such event such records shall not be destroyed until final accounting. Whoever knowingly violates the provisions of this section shall be fined not more than $100 or imprisoned not more than 30 days, or both.

Hotelkeepers shall have a lien upon the baggage and other valuables of their guests brought into such hotel by such guests or tenants or under their control. Every hotelkeeper who has a lien on property, consistent with the provisions of this section and every hotelkeeper who has in his custody any baggage, personal effects, or any other mobile property unclaimed, can, after six months from the date on which said property was occupied in accordance with the provisions of this paragraph or had been placed in his custody, according to the circumstances, sell the goods at public auction to the highest bidder and for money in cash in the manner provided in this section. At least 15 days prior to the date designated for the auction, a notice shall be published indicating the hour and place where the auction will be conducted and a description of the goods to be sold, in one or more newspapers of general circulation in the Virgin Islands, and if the name and address of the owner of the goods appear in the records of the hotelkeeper, said notice shall be sent by registered mail with acknowledgment of receipt to said owner within the same period and to said address. The hotelkeeper shall withhold from the proceeds of the public sale carried out in accordance with the provisions of this section, the amount required to cover first all costs and expenses of the sale including cost of advertising and of any auctioneer, notary, or any other person employed to carry out the auction; and shall apply the balance of said sum to the account of the debt guaranteed by said lien. If there is an excess of money, the hotelkeeper shall, on request made within 20 days following the sale, deliver the balance to the owner of the property or to his duly authorized agent. In the event the excess of money is not claimed and delivered as previously indicated, within the period mentioned-20 days-the hotelkeeper shall deliver it to the Department of Finance of the Government of the Virgin Islands and at the same time deposit with said office a writ containing the name and place of residence, if known, of the owner of the property offered for sale and a description of the articles sold, the price obtained in the sale, the name and address of the auctioneer or other person conducting the sale at public auction, and a copy of the notice published in accordance with the provisions of this section. Said office shall hold the money for a period of one year and if it should receive a claim duly authenticated by the owner of the property sold at public auction, said office must deliver the amount withheld to the owner of the same or to his heirs or assigns. If claim is not made within a period of one year from the date on which the money was delivered to it, the Department of Finance of the Government of the Virgin Islands shall transfer the money to its general funds.

(a) A hotelkeeper or agent may exclude any person from enjoyment of any accommodation, facility or privilege furnished on his premises, and/or may exclude any person from the premises or any part thereof, by refusal to permit such person to enjoy the same or to enter or remain on the premises if such person- (1) is intoxicated, disorderly, or suffering from a contagious or loathsome disease; (2) is a known criminal; (3) is not able or willing to pay the prevailing price or rates published by the hotel for accommodations; (4) refuses to pay in advance for accommodations when demand is made; (5) refuses to pay for accommodations or credit already given or extended, when demand is made; or (6) is bringing or will bring into the hotel property which such hotel does not customarily receive because accommodations therefor are not easily available, or which may be dangerous to persons or property. (b) No person being the owner, lessee, proprietor, manager, superintendent, agent or employee of any such place shall directly or indirectly refuse, withhold from or deny to any person any of the accommodations, advantages, facilities or privileges thereof, or directly or indirectly publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, creed, or color, or that the patronage or custom thereat of any person belonging to or purporting to be of any particular race, creed, or color is unwelcome, objectionable, or not acceptable, desired or solicited.

Every hotelkeeper may, in a reasonable and appropriate manner, evict a person from his hotel (the hotel directed by him) when such person insists on violating the rules and regulations approved by said hotel in spite of having been notified about same and of having been warned that he should cease and desist violating these rules or regulations; or commits any act whatever, or does anything offensive to the guests of the hotel or anything damaging to the reputation, dignity or credit of the hotel, or through his acts does anything detrimental to the business of the hotel, whether or not it is specifically mentioned in any rule or regulation. The term "person" as is used in this section, shall include, but without limitation, a guest or tenant of the hotel. A hotelkeeper who reasonably believes that he has a right to evict any person from the premises of his hotel, shall first make known to the said person, either verbally or in writing, that his presence is not desired on the premises of the hotel; and at the same time he shall be asked to leave, either immediately, or at a specified date and time. If the person thus advised is a guest who has paid in advance, the hotelkeeper shall refund said guest upon serving said notice the proportional part of the advance payment which has not been used. The hotelkeeper shall serve a written notice to said person advising him that he should vacate the hotel within a given period of time and letting him know that if he fails to do so he may be dislodged. The hotelkeeper shall indicate in said notice whether the departure is required immediately or at a later date and time. In the event any person is illegally on the property of the hotel, the hotelkeeper may solicit the aid of any member of the police, and it shall be the obligation of every member of the Police Force, at the request of the hotelkeeper, to evict immediately such person from the property of the hotel and with the use of force no greater than the circumstances require. Any person who stays or intends to stay in a hotel for any period of time beyond the period of his reservation as previously indicated by him and as accepted by the hotel shall be considered as illegally remaining on the premises of the hotel and may be evicted from said premises of the hotel, unless the hotel is agreeable to extending the period of said person's original reservation. Any person who continues to occupy his room in a hotel beyond the announced checkout time established by such hotel shall be considered as illegally remaining in occupancy of said room and may be evicted from his room after verbal or written notice is served upon such person by the management of the hotel.

Every keeper of a hotel shall post in each room of such hotel a printed copy of this section and a statement of the charges or rate of charges by the day for such room. No charge or sum shall be collected or received by any such hotelkeeper at a higher rate for the use of such room than is specified in the rate of charges required to be posted. For any violation of this section the offender shall forfeit to the injured party the amount so overcharged.

As used in this chapter, unless otherwise provided or the context requires a different construction, application or meaning- (a) "Agency disclosure" means the disclosure, in written form, of the agency relationship. (b) "Agency relationship" means a fiduciary relationship created solely by an express written agency agreement between a person and a real estate broker, authorizing the real estate broker to act as an agent for the person according to the scope of authority granted in the written agency agreement for a real estate transaction. (c) "Agent" means one authorized and empowered by a written agency agreement to perform actions for a client. (d) "Buyer" means the transferee in a real estate transaction and includes a person who executes an offer to purchase or lease real estate from a seller, whether alone or through an agent, and whether or not a transfer results, or who seeks the services of an agent with the object of entering into a real estate transaction in more than a casual, transitory, or preliminary manner. "Buyer" includes a lessee. (e) "Client" means a buyer or seller, or prospective buyer or seller, or both, or lessor or lessee, or prospective lessor or lessee, or both, who has entered a written agency agreement with a real estate broker in a real estate transaction. (f) "Commission" means the Virgin Islands Real Estate Commission created in section 421a of this chapter. (g) "Commissioner" means the Commissioner of the Department of Licensing and Consumer Affairs. (h) "Department" means the Department of Licensing and Consumer Affairs. (i) "Dual agency" means an agency relationship in which a licensee is representing both the buyer and seller or both landlord and tenant in the same transaction. (j) "Dual agent" means a licensee who, with the written informed consent of all the parties to a contemplated real estate transaction, has entered into a brokerage agreement with and represents the seller and buyer in the same real estate transaction. (k) "Fiduciary" means a real estate broker or sales associate in a relationship of trust and confidence between the real estate broker or sales associate and a client, which requires loyalty, confidentiality, obedience, full disclosure, accounting, and the duty to use skill, care, and diligence. (l) "Licensee" when used without modification, means a person licensed under any of the provisions of this chapter. (m) "Listing agreement" means a written contract between a seller of real property and a real estate broker by which the broker has been authorized to sell the property or find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. (n) "Real estate" or "real property" means any interest or estate in land, including any leasehold or condominium, whether corporeal, incorporeal, freehold, or non-freehold. For purposes of this chapter, any rights of redemption are considered to be an interest in real estate. The term does not include: (1) oil and gas leases, royalties, and other mineral interests and rights of way and easements acquired to construct roadways, pipelines, conduits, wires, and facilities related to these types of improvement projects for private and public utilities, federal and state governments, or any political subdivision; or (2) any cemetery lot or right of burial in any cemetery. (o) "Real estate broker" means any person who, for another, and for compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive compensation or valuable consideration therefor, acts as agent for any client involved in the showing, sale, purchase, lease, rental or management of real property, or who solicits listings of real estate for the same purpose, or who advertises or holds one's self out as engaged in any of the foregoing activities. The term includes any person who engages in the business of charging an advance fee, or collecting escrow deposits, or contracting for the collection of a fee in connection with any contract whereby the person undertakes primarily to promote the sale or leasing of real estate through its listing in a publication, either in print or by electronic means issued primarily for that purpose, or referral of information concerning the real estate to brokers, or both. (p) "Real estate transaction" means the transfer or attempted transfer of an interest in a unit of real property, an act conducted as a result of or in pursuit of a contract to transfer an interest in a unit of real property or an act conducted in an attempt to obtain a contract to market real property. (q) "Sales associate" means any person employed or engaged under contract by or on behalf of a licensed real estate broker to participate in any activity of the real estate broker directly relating to the sale, purchase, lease or rental of real property, for any form of compensation. (r) "Seller" means the transferor in a real estate transaction and includes an owner who lists real estate with an agent, whether or not a transfer results, or who receives an offer to purchase or lease real estate property of which they are the owner from an agent on behalf of another. "Seller" includes a lessor. (s) "Staff" means an employee or any person in an independent contractor or sponsorship relationship with a real estate broker. (t) "Temporary sales apprentice" means a person employed, sponsored, or engaged by a real estate broker on a temporary and limited basis as described in § 426a. (u) "Temporary Sales Apprentice Permit" means a six-month permit to work as a temporary sales apprentice under the supervision of a real estate broker, subject to the limitations established in § 426a. History: Added May 4, 1967, No. 1948, § 2, Sess. L. 1967, pp. 143-150; amended Oct. 14, 1986, No. 5206, § 105(b)(2), Sess. L. 1986, p. 234; amended Oct. 31, 2024, No. 8937, § 1(b), Sess. L. 2024, p. -.

Establishment (a) There is hereby created within the Department the Virgin Islands Real Estate Commission. Composition; qualifications of members (b) The Commission is composed of seven members appointed by the Governor, with the advice and consent of the Legislature, who are citizens of the United States and residents of the Virgin Islands. Three members must hold a valid Virgin Islands Real Estate Broker License for at least five consecutive years before the date of appointment; one member must be a licensed property manager; one member must be a licensed attorney; and two members must be persons who have never been licensed as a real estate broker or property manager in any jurisdiction. Three members shall reside on St. Croix, three members shall reside on St. Thomas, and one member shall reside on St. John. Appointment of members; terms (c) All members shall be appointed for terms of four years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Each member shall continue to serve until the member's successor is appointed by the Governor and confirmed by the Legislature. Chairperson (d) The Commission shall annually elect one of its members to serve as Chairperson and one member to serve as Vice Chairperson. The Commission may appoint other members to perform the roles of Secretary and Treasurer, as considered appropriate to assist in the efficient functioning of the Commission. Compensation (e) The members of the Commission shall serve without compensation, but are entitled to per diem and travel expenses for their attendance at each meeting of the Commission at the rate prescribed in 3 V.I.C. § 65. Removal of members (f) The members may be removed by the Governor for cause. History: Added May 4, 1967, No. 1948, § 1, Sess. L. 1967, p. 142, 143; amended April 23, 1968, No. 2174, § 1, Sess. L. 1968, Pt. I, p. 455; July 22, 1972, No. 3270, Sess. L. 1972, p. 226; March 9, 1973, No. 3396, § 1, Sess. L. 1973, p. 15; amended July 10, 2024, No. 8842, § 1(a)-(d), Sess. L. 2024, p. -.

In addition to any other powers and duties that may be provided by law, the Commission shall administer the provisions of this chapter, except as otherwise specifically provided, and without limitation on the generality of the foregoing shall have the powers and duty to- (a) adopt an official seal; (b) employ counsel, hear testimony and receive evidence, subpoena documents and witnesses as it relates to resolving matters within the Commission's jurisdiction, and administer oaths; (c) conduct all proceedings and maintain records in accordance with the Virgin Islands Code and federal regulations related to administrative procedures; (d) examine and recommend the issuance, suspension, revocation or reinstatement of licenses under this chapter; (e) submit to the Governor through the Commissioner an annual report containing a summary of its work, a register of all persons licensed under the provisions of this chapter, and such other data as the Governor or the Commissioner may request or as may be deemed proper by the Commission; (f) adopt, amend and repeal bylaws and promulgate regulations not inconsistent with the provisions of this chapter relating to the organization and operation of the Commission and the licensing under this chapter of real estate brokers and real estate sales associates. The regulations, which must be promulgated in accordance with title 3, chapter 35 of the Virgin Islands Code, must also establish the scopes of practice for each license category and set standards for professional practice and continuing education requirements; (g) maintain and publish, either in print or electronically, a current list of all persons holding a license issued under this chapter; (h) adopt a professional code of ethics consistent with industry standards; (i) Except as provided in 27 V.I.C. § 430, set reasonable fees for services provided by the Commission at the rates sufficient to cover operating expenses incurred by the Commission in carrying out its functions; and (j) recommend to the Attorney General of the Virgin Islands prosecutions or the bringing of civil actions to seek injunctions and other relief against violations of this chapter outside the jurisdiction of the Commission. History: Added May 4, 1967, No. 1948, § 2, Sess. L. 1967, pp. 143-150; amended Oct. 14, 1986, No. 5206, § 105(b)(1), Sess. L. 1986, p. 234; amended Oct. 31, 2024, No. 8937, § 1(c), Sess. L. 2024, p. -.

(a) All persons engaging in the sale or purchase of real estate for others must hold a valid Real Estate Broker license, or when employed under the direct supervision of a licensed real estate broker, a Sales Associate license. (b) Any person admitted to practice law in the Virgin Islands as a member of the Virgin Islands Bar, upon application, presentment of a valid membership card, and payment of the required fee, must be issued any of the licenses in subsection (a) and any renewals of the respective license. (c) Except as otherwise provided in this chapter, this chapter does not apply to: (1) receivers, referees, administrators, executors, guardians, conservators, trustees, or other persons appointed or acting under the judgment or order of any court while acting in that capacity, or attorneys-at-law in the ordinary practice of their profession, but these persons may not be regularly engaged in the real estate business and may not hold themselves out as real estate brokers or sales associates unless they are licensed under this chapter; (2) any trustee or auctioneer acting under the authority of a power of sale in a mortgage, deed of trust, or similar instrument securing the payment of a bona fide debt; (3) except for title companies, any bank, trust company, building and loan or savings and loan association, or insurance company, having a fiduciary interest such as a receiver, referee, administrator, executor, guardian, conservator or trustee, when the bank, trust company, building and loan or savings and loan association, or insurance company is so engaged; (4) any person who is employed by a licensed real estate broker in a solely stenographic or clerical capacity and who does not perform, offer, agree, or attempt to perform, any of the activities specified in this chapter; (5) any officer or employee of the United States or the Government of the Virgin Islands while performing official duties; or (6) any owner or lessor who performs acts that would require a license under this chapter when such acts are performed in the regular course of or incidental to the owner or lessor's management of the real property, business, and the investments therein. (d) No person may purport to be a real estate broker or sales associate or to be qualified to engage in any real estate transaction by using the title of "real estate broker" or "sales associate", or use any words or symbols indicating or tending to indicate that the person is a real estate broker or sales associate, or licensed to engage in real estate transactions regulated by this chapter, without meeting the applicable requirements and holding a license as set forth in this chapter. History: Added May 4, 1967, No. 1948, § 2, Sess. L. 1967, p. 143-150; reenacted by 2024 No. 8937, § 1(d), Sess. L. 2024, p. -.

(a) Application for a license as a real estate broker or a real estate associate shall be made to the Commission on such forms as it shall prescribe and must be accompanied by the applicable real estate license fee. (b) Such further reasonable and pertinent information as the Commission may require shall be furnished by the applicant for license as a real estate broker or sales associate to enable the Commission to determine the honesty, trustworthiness and good moral character of the applicant, if an individual, or of each member of a partnership or each officer of a corporation for whom a license as a broker or sales associate is applied. History: Added May 4, 1967, No. 1948, § 2, Sess. L. 1967, p. 143-150; amended Oct. 31, 2024, No. 8937, § 1(e), Sess. L. 2024, p. -.

(a) To be eligible for licensure as a real estate broker or sales associate, an applicant must: (1) attain the age of 21 for a Real Estate Broker License, or attain the age of 18 for a Sales Associate; (2) be a citizen of the United States or a lawful permanent resident; (3) be a resident of the Territory for 90 consecutive days before the date of application; (4) be a high school graduate or the holder of a high school equivalency certificate; (5) have successfully completed the education requirements prescribed by the Commission's regulations; (6) have passed any examination as required by the Commission's regulations; (7) have not had an application for a license under this chapter denied for reasons other than failure to pass the required examination(s) under this chapter; (8) have not had a real estate license suspended in the Territory or elsewhere, which suspension is still in effect on the date on which the application is filed; and (9) have not had a real estate license revoked in the Territory or elsewhere within three years before the date on which the application is filed. (b) For a real estate broker applicant, the Commission shall require proof that the applicant has actively participated in the general real estate brokerage business in the Virgin Islands as a licensed sales associate for a period of not less than two years or has had experience as a real estate broker, or the equivalent title in the real estate business, outside of the Territory for a period of at least two years; which must be established by affidavit sworn to under oath or other and further proof required by the Commission. (c) A sales associate must be sponsored by a licensed real estate broker after passing the written examination in subsection (a)(5) before the Commission may issue a Sales Associate license. History: Added Oct. 31, 2024, No. 8937, § 1(f), Sess. L. 2024, p. -.

(a) In addition to proof of honesty, trustworthiness and good moral character, each applicant for a first real estate broker's license shall pass a written examination prepared by or under the supervision of the Commission. The examination shall be offered at such times, not less frequently than semiannually, and at such places within the Virgin Islands as the Commission shall prescribe. The Commission shall require proof that the applicant has actively participated in the general real estate brokerage business as a licensed real estate broker for a period of not less than two years or that he has had the equivalent experience in general real estate business for a period of at least two years. The nature of such experience shall be established by affidavit duly sworn to under oath and/or other and further proof required by the Commission, or that he has actively participated in the general real estate brokerage business as a licensed real estate salesman under the supervision of a licensed real estate broker for a period of not less than one year and has attended for at least forty-five hours and has successfully completed a real estate course or courses approved by the Commission as to method and content and supervision, which approval may be withdrawn if in the opinion of the Commission said course or courses are not being conducted properly as to method, content, and supervision; Provided, That the requirement of a course or courses in real estate shall be waived by the Commission if same are not available locally through an accredited educational institution or otherwise within the Virgin Islands. (b) In addition to proof of honesty, trustworthiness, and good moral character, each applicant for a first real estate salesman's license shall pass a written examination prepared by or under the supervision of the Commission. The examination shall be offered at such times, not less frequently than semiannually, and at such places within the Virgin Islands as the Commission shall prescribe; Provided, That the Commission may issue to an applicant for a salesman's license, upon the written request of his employer, who shall thereby express willingness to stand responsible for the acts of such salesman, a temporary permit which shall be valid for a period of six months, pending a written examination. Not more than one such permit shall be issued to the same applicant during the same license term. The authority to act under said temporary permit shall terminate upon the expiration date thereof or as of the date when the holder thereof successfully qualifies for a real estate salesman's license by written examination pursuant to the terms of this section; Provided, That any person who submits satisfactory proof to the Commission that (1) he has been employed as a real estate salesman by a licensed real estate agent in the Virgin Islands for not less than ninety days immediately prior to May 4, 1967, and (2) he otherwise meets the requirements for a license as a real estate salesman, may obtain such a license without examination, provided that application therefore is submitted to the Commission prior to December 1, 1967, and he is employed by a licensed real estate agent or broker on the date of such submission. (c) The examination for a real estate broker's license shall be designed to demonstrate that the applicant has an adequate understanding of the general purposes and the general legal effects of deeds, mortgages, land contracts of sale, and leases and an adequate understanding of the obligations between both principals and the agent in a real estate transaction, as well as the provisions of this Act. The examination for a real estate broker's license shall be of a more exacting nature and scope and more stringent than the examination for a real estate salesman's license. An applicant who has failed twice in succession to pass the examination shall not be eligible for a further examination until six months have passed. Notwithstanding the foregoing, any person who submits satisfactory proof to the Commission that he was licensed as a real estate agent in the Virgin Islands on May 4, 1967, shall be issued a license without examination, provided that application therefor is made prior to December 1, 1967. The Commission shall publish information to this effect in newspapers of general circulation in the Virgin Islands. History: Added May 4, 1967, No. 1948, § 2, Sess. L. 1967, p. 146; amended Sept. 18, 1967, No. 2057, §§ 1, 2, Sess. L. 1967, p. 448; July 23, 1972, No. 3275, Sess. L. 1972, p. 229; Mar. 16, 1973, No. 3400, Sess. L. 1973, p. 18; Sept. 10, 1973, No. 3480, Sess. L. 1973, p. 244; July 8, 1974, No. 3599, Sess. L. 1974, p. 196.

Notwithstanding any provision of law to the contrary, the Virgin Islands Real Estate Commission shall issue a real estate broker's license to any person (1) who held a valid real estate agent's license in the Virgin Islands prior to May 4, 1967, (2) who meets the other qualifications for licensure as a real estate broker required by the provisions of this chapter and (3) who applies in writing to the Commission for a license under this Act within thirty (30) days after this Act becomes effective, without requiring such person to take an examination. History: Mar. 6, 1968, No. 2113, Sess. L. 1968, p. 36; amended July 16, 1968, No. 2285, Sess. L. 1968, Pt. II, p. 236.

(a) The Commission, upon a determination that all requirements for licensure under this chapter have been satisfied, shall issue a license to each qualifying applicant within 30 days by mail or e-mail. (b) The Commission shall prepare and issue to each licensee a license of such design as the Commission may prescribe and which shall contain the name and business address of the licensee and shall certify that the person whose name appears thereon is a licensed real estate broker or sales associate, as the case may be. History: Added May 4, 1967, No. 1948, § 2, Sess. L. 1967, pp. 143-150; amended Oct. 14, 1986, No. 5206, § 105(b)(1), Sess. L. 1986, p. 234; amended Oct. 31, 2024, No. 8937, § 1(h), Sess. L. 2024, p. -.

(a) The Commission may issue a Temporary Sales Apprentice Permit to an applicant for a Sales Associate License who has met the requirements to sit for the examination upon the written request of the applicant's sponsoring real estate broker agreeing to be responsible for the acts of the temporary sales apprentice. A Temporary Sales Apprentice Permit is valid for six months and may be renewed once and does not confer any property right in the privileges to be exercised under the permit. The authority to act under the temporary permit terminates upon the expiration date of the permit or as of the date when the holder of the permit successfully qualifies for a Sales Associate license by written examination under section 425, whichever date occurs first. (b) The holder of a Temporary Sales Apprentice Permit may not sign any contract or agreement on behalf of the real estate broker with whom the temporary sales apprentice is employed or independently contracted. History: Added Oct. 31, 2024, No. 8937, § 1(i), Sess. L. 2024, p. -.

(a) All licenses issued under the provisions of this chapter shall expire on December 31st of the year in which issued. Thereafter, such licenses shall be renewed annually, by payment of the prescribed fee, as a condition to engaging in the real estate business as a real estate broker or sales associate. The renewal application must include proof that the licensee has met continuing education requirements prescribed by the Commission's regulations. (b) A licensee who fails to renew the license annually in the month immediately following the month of expiration, may not conduct any real estate business until reinstatement of the license. The license may be reinstated during the first 12 months immediately following the date the license became invalid by payment of any penalty or reinstatement fees established by the Commission, in addition to the renewal fee. (c) A licensee who fails to reinstate a license during the first 12 months immediately following the date the license became invalid, prior to resuming any business under the license, shall submit an application on the prescribed form and meet all other requirements for licensure. (d) A person may not engage in a professional practice governed by this chapter without a valid license. History: Added May 4, 1967, No. 1948, § i, Sess. L. 1967, p. 143-150; amended Oct. 31, 2024, No. 8937, § 1(j), Sess. L. 2024, p. -.

(a) Licensees under this chapter may request that their license be placed into inactive status as provided by the Commission's regulations and upon payment of any applicable fee or other reasonable requirements. The licensee must be designated as being inactive and any issued inactive license certification may include an endorsement stating that it is inactive and does not permit the holder to transact business under it. (b) A licensee may reactivate an inactive license by paying an activation fee and complying with all procedures provided in the regulations. History: Added Oct. 31, 2024, No. 8937, § 1(k), Sess. L. 2024, p. -.

(a) No licensee shall participate in a dual agency relationship unless both the seller and the buyer, or both the lessor and the lessee, in the transaction have full knowledge of the dual representation and consent in writing to the dual representation on the agency disclosure statement. (b) Before a licensee obtains the consent of any party to a dual agency relationship, the licensee shall disclose to both the buyer and seller, or to the lessor and lessee, all relevant information necessary to enable each party to make an informed decision as to whether to consent to the dual agency relationship. If, after consent is obtained, there is a material change in the information disclosed to the buyer and the seller, or to the lessor and the lessee, the licensee shall disclose the change of information to the buyer and the seller or to the lessor and the lessee and give them an opportunity to revoke their consent. Either party consenting to dual agency may revoke that agency consent at any time during the transaction. (c) No licensee shall participate in a dual agency relationship unless the real estate brokerage firm has established a procedure under which licensees, including management level licensees, who represent one client will not have access to and will not obtain confidential information concerning another client of the firm involved in the dual agency transaction. History: Added Oct. 31, 2024, No. 8937, § 1(k), Sess. L. 2024, p. -.

(a) The common law of agency as supplemented by this section applies to the relationship between a licensee and the licensee's client. (b) In accepting employment by a client, a licensee pledges a primary duty of absolute fidelity to protect and promote the interests of the client or clients. (c) A fiduciary shall put the interest of the client ahead of the interests of the agent and any third party. Licensees owe to all parties in a real estate transaction the fiduciary duty to: (1) use reasonable efforts to further the interest of the client; (2) exercise reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship; (3) perform the terms of the written agency agreement and agency relationship; (4) follow lawful instructions of the client unless doing so would expose the licensee to liability from another party to a contract, lease, or rental agreement; (5) perform all duties specified in this section in a manner that demonstrates loyalty to the interests of the client; (6) comply with all requirements of this section and other applicable statutes and rules; (7) disclose to the client material facts of the transaction that the licensee is aware of or should be aware of in the exercise of reasonable skill and care and that are not confidential information under a current or prior agency or dual agency relationship; (8) advise the client to obtain expert advice concerning material matters when necessary or appropriate; (9) account in a timely manner for all moneys and property received in which the client has or may have an interest; and (10) keep confidential any information given to the licensee in confidence, or any information obtained by the licensee that the licensee knows a reasonable individual would want to keep confidential, unless disclosure of this information is required by law, violates a fiduciary duty to a client, becomes public knowledge, or is authorized by the party in writing. This requirement includes not disclosing confidential information to any licensee who is not an agent of the client. (d) Unless otherwise agreed, the duty to protect a client's confidences continues after the brokerage service agreement expires or is otherwise terminated. (e) A licensee who represents more than one client in a real estate transaction, or provides services as a dual agent, owes the duties as specified in subsection (c) to each client, except where the duties to one client will violate the fiduciary duties of the licensee to other clients. (f) The duties required of a licensee under this section may not be waived by a client. (g) The licensee is further obligated to act in accordance with the code of professional conduct provided in regulations, when: (1) representing a seller, including a lessor, in an agency relationship; (2) representing a buyer, including a lessee, in an agency relationship; (3) representing both buyer and seller in a dual agency relationship. History: Added Oct. 31, 2024, No. 8937, § 1(k), Sess. L. 2024, p. -.

(a) Each real estate broker shall maintain a fixed office within the Virgin Islands which must be designated on the license. The fixed office may also be the residence of the real estate broker, subject to approval by the Department of Planning and Natural Resources and the Virgin Islands Fire Services. The license of a real estate broker and the license of each sales associate in the employ of or under contract with a real estate broker must be prominently displayed in the office. (b) If a real estate broker maintains more than one place of business within the Virgin Islands, he shall apply for and obtain an additional license for each branch office so maintained by him. (c) Whenever a real estate broker changes the location of the place of business or discontinues the business, the real estate broker shall notify the Commission in writing not later than 15 days after the event and return the license to the Commission. If there is a change of office location, the licensee shall apply to the Commission designating the new location of his office. History: Added May 4, 1967, No. 1948, § 2, Sess. L. 1967, pp. 143-150; Dec. 23, 2003, No. 6634, § 23, Sess. L. 2003, p. 126; amended Oct. 31, 2024, No. 8937, § 1(l), Sess. L. 2024, p. -.

(a) The Commission may impose a monetary penalty or revoke or suspend the license of any person issued under this chapter who, after due notice and hearing by the Commission, is found to have committed any offense in subsection (b) or in any regulations adopted thereunder. (b) The Commission may, upon its own motion, or upon the verified complaint in writing of any person, investigate the actions of any person engaged in the business or acting in the capacity of real estate broker or sales associate within this Territory, and hold a hearing for the suspension or revocation of a license. The Commission may revoke or suspend a license where it has been obtained by fraud or false representation, or where the licensee, in performing or attempting to perform any of the acts within the scope of this chapter, is found to have committed any of the following acts- (1) pursuing a continued and flagrant course of misrepresentation, or making false promises through staff or other licensees, or any medium of advertising, or otherwise, or (2) misleading or untruthful advertising, or using the trade name or insignia of member in any real estate organization of which the licensee is not a member, or (3) failing within a reasonable time to account for or remit any moneys coming into his possession which belong to others, commingling funds of others with his own, or failing to comply with any of the fiduciary duties requirements in section 427c, or (4) being convicted in a court of competent jurisdiction of this Territory or any state, or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, sexual crimes, drug distribution, arson, physical violence, or any similar offense or offenses. For the purposes of this paragraph, being convicted includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended, or (5) failing to furnish a copy of any written instrument to any party executing the same at the time thereof, or (6) any conduct in a real estate transaction which demonstrates bad faith, dishonesty, untrustworthiness or incompetency, or (7) failure to disclose to an owner his intention or true position where he directly or indirectly purchases for himself, or acquires or intends to acquire any interest in, or options to purchase property which he or his associates have been employed to sell, or (8) failing to make known for which party he is acting, or receiving compensation from more than one party, except with the full knowledge of all parties, or (9) dividing a commission or any other valuable consideration with any person who is not authorized to engage in the real estate business, or (10) failing to provide an agency disclosure to the buyer or seller, or both in the case of dual agency. The writing must be made before or at the time of entering into a listing agreement or an agreement for representation or before showing of property, whichever occurs first, or (11) knowingly committing, or being a party to any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device, whereby any other person relies upon the word, representation or conduct of the licensee, or (12) discriminating against any person in hiring or in sales activity based on race, color, religion, sex, disability, gender identity, or national origin, or violating any of the provisions of any state or federal anti-discrimination law. A certified copy of the final holding of any court of competent jurisdiction in such matter, or a certified copy of the order issued by any state or federal administrative agency having jurisdiction in such matter, is conclusive evidence in any hearing conducted under this chapter, or (13) failing to exercise reasonable supervision over the activities of licensees and any unlicensed staff, or (14) failing to inform the Commission in writing within 30 days of a conviction as described in paragraph (4). (c) If the licensee does not agree with the penalty imposed, the licensee may appeal the penalty pursuant to the appeals process in 3 V.I.C. § 272(f). History: Added May 4, 1967, No. 1948, § 2, Sess. L. 1967, p. 143-150; amended Oct. 14, 1986, No. 5206, § 105(b)(1), Sess. L. 1986, p. 234; amended Oct. 31, 2024, No. 8937, § 1(m), Sess. L. 2024, p. -.

Statutory Violation; Contests; Sanctions (a) The responsible real estate broker who discharges a sales associate for a violation of any of the provisions of this chapter prescribing a ground for disciplinary action, shall file a certified written statement of the facts concerning the violation with the Commission within 24 hours. The failure of the responsible real estate broker to notify the Commission as required by this section may result in the temporary suspension or permanent revocation of the license of the responsible real estate broker, upon notice and hearing. (b) Whenever a sales associate is discharged or terminates the sponsorship, employment, or contractual relationship with a real estate broker, the real estate broker, not later than 15 calendar days after the discharge or termination, shall mail notification to the Commission with a copy of the former Sales Associate's license. A copy of this notice must also be sent to the former sales associate. (c) It is unlawful for any sales associate to perform any of the acts specified in this chapter under authority of the license issued pursuant to this chapter, from the date of discharge or termination until the sales associate is sponsored by another real estate broker and a license is reissued by the Commissioner. History: Added Oct. 31, 2024, No. 8937, § 1(n), Sess. L. 2024, p. -.

(a) The following fees shall be charged and collected by the Commission and paid into the General Fund of the Treasury of the Government of the Virgin Islands: (1) For each examination for a Real Estate Broker's License or Sales Associate License, a fee not to exceed $350. (2) For the issuance or renewal of each Real Estate Broker's license, a fee of $365. (3) For the issuance or renewal of each Sales Associate's license issued a fee of $285. (4) For the issuance or renewal of each Temporary Sales Apprentice Permit, a fee of $130. (5) For each brokerage business Office of Real Estate Agents and Brokers, an annual fee of $450. (6) For each duplicate license, where the original license is lost or destroyed and affidavit is made thereof, a fee of $50. (7) A non-refundable license application fee of $50 and a non-refundable background check fee of $200. (8) For each additional office or place of business, an annual fee of $100. (9) For each change of place of business or change of employee or contractual associate, a fee of $75. (b) (1) The Commission may, by regulation, increase the fees under this chapter, but a regulation that increases the fees set forth in this chapter by more than 20% over a 5-year period is void. (2) Subject to the increase limitation set forth in paragraph (1), the Commissioner, in consultation with the Commission, may revise any fee established by the Commission. History: Added May 4, 1967, No. 1948, § 2, Sess. L. 1967, pp. 143-150; amended Nov. 7, 1983, No. 4877, § 310(c)(13), Sess. L. 1983, p. 239; amended Oct. 31, 2024, No. 8937, § 1(o), Sess. L. 2024, p. -.

(a) No person shall maintain an action in any court of the Virgin Islands for the recovery of a commission, fee, or compensation for any act done, the doing of which is prohibited under this chapter by other than a licensed real estate broker sales associate, unless such person was licensed hereunder as a real estate broker or sales associate at the time of the doing of the act. (b) (1) Except as otherwise provided in this chapter, it is unlawful for any person to engage, or attempt to engage, either directly or indirectly, in the business of, or act in the capacity of, real estate broker or sales associate, temporary or otherwise, and no person may advertise or represent themselves as being authorized to act as a real estate broker or sales associate, or to engage in an activity regulated by this chapter without a license. No person licensed under this chapter may engage in any activity beyond the scope of their respective license. (2) Any person who, after a hearing, is found by the Commission to have unlawfully engaged, or attempted to engage, in a real estate transaction regulated by this chapter, or any person who knowingly assisted a person to unlawfully engage in such practice, is subject to a fine imposed by the Commission of not more than $10,000 for each offense. (c) Any person who wilfully violates or knowingly participates in the violation of subsection (b) or any of the provisions of section 429 or any regulations issued thereunder shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000 or by imprisonment not to exceed six months, or by a fine and imprisonment. History: Added May 4, 1967, No. 1948, § 2, Sess. L. 1967, p. 143-150; amended Oct. 31, 2024, No. 8937, § 1(p), Sess. L. 2024, p. -.

This chapter shall be known and may be cited as the "Real Estate Appraiser Licensing and Certification Act". History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236.

As used in this chapter, unless the context requires a different construction, application or meaning: (1) "Analysis" means a study of real estate or real property other than one estimating value; (2) "Appraisal" or "real estate appraisal" means an analysis, opinion, or conclusion prepared by an appraiser relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. An appraisal may be classified by subject matter into either a valuation or an analysis. (3) "Appraisal report" means any written communication of an appraisal. For purposes of this chapter, the testimony of any appraiser dealing with the appraiser's analyses, conclusions, or opinions concerning identified real property is deemed to be an oral appraisal report. (4) "Appraisal Subcommittee" means the appraisal subcommittee of the Federal Finance Institutions Examination Council. (5) "Appraiser" means any person who is a licensed real estate appraiser, or a certified real estate appraiser in the Virgin Islands. (6) "Appraiser Qualifications Board" establishes the minimum education, experience, and examination requirements for real property appraisers. (7) "Board" means the Virgin Islands Real Estate Appraisers Board established pursuant to the provisions of this chapter. (8) "Certified appraisal" or "certified appraisal report" means an appraisal or appraisal report given and signed and certified as such by a certified real estate appraiser. A certified appraisal or appraisal report represents to the public that it meets the appraisal standards defined in this chapter. (9) "Certified general real estate appraiser" means a person who for a valuable consideration engages in real estate appraisal activity on any type of real estate or real property and who holds a current, valid certification issued under the provisions of this chapter. (10) "Certified residential real estate appraiser" means a person who for valuable consideration engages in real estate appraisal activity on real estate or real property as may be authorized by the Appraiser Qualifications Board of the Appraisal Foundation and holds a certification issued under the provisions of this chapter. (11) "Commissioner" means the Assistant Commissioner for Boards and Commissions within the Department of Licensing and Consumer Affairs. (12) "Evaluation assignment" means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that relates to the nature, quality, or utility of identified real estate or identified real property. (13) "Federally related transaction" means any real estate related financial transaction which: (A) a federal financial institution regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates; and (B) requires the services of an appraiser. (14) "Independent appraisal assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion or conclusion relating to the nature, quality, value or utility of identified real estate or identified real property. (15) "Licensed real estate appraiser" means a person who for a valuable consideration engages in real estate appraisal activity on real estate or real property of one to four units when a net income capitalization analysis is not required by the terms of the assignment or on such real estate or real property and who holds a current, valid license issued under the provisions of this chapter. (16) "Real estate" means an identified parcel or tract of land, including improvements, if any. (17) "Real estate appraisal activity" means the act or process of valuation of real estate or real property and preparing an appraisal report. (18) "Real estate related financial transaction" means any transaction involving: (A) The sale, lease, purchase or exchange of or investment in real estate or real property or the financing thereof; (B) The refinancing of real estate or real property; and (C) The use of real estate or real property as security for a loan or investment, including mortgage backed securities. (19) "Real property" means one or more defined interests, benefits, and rights inherent in the ownership of real estate. (20) "Real Property Appraiser Qualification Criteria" means criteria established by the Appraiser Qualifications Board (AQB). (21) "Required Core Curriculum" means a set of major appraisal subject matter headings, known as modules, which require a specified number of educational hours at each credential level. (22) "Specialized services" means services, other than independent appraisal assignments which are performed by an appraiser. Specialized services may include marketing, financing, and feasibility studies; valuations; analyses; and opinions and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, and real estate tax counseling. (23) "State" includes any state, district, territory, possession, or province of the United States. (24) "Uniform Standards of Professional Appraisal Practice" means the generally recognized ethical and performance standards for the appraisal profession in the United States; and (25) "Valuation" means an estimate of the value of real estate or real property. (26) "Valuation assignment" means an engagement for which an appraiser is employed or retained to give an analysis, opinion or conclusion that estimates the value of an identified parcel of real estate or identified real property at a particular point in time. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236; amended Jan. 7, 1992, No. 5824, § 29(a), Sess. L. 1992, p. 179; amended Jan. 19, 2023, No. 8692, § 1(a)(1)-(6), Sess. L. 2022, p. 458, 459; amended July 9, 2025, No. 9005, § 6, Sess. L. 2025, p. -.

(a) There is hereby created the Virgin Islands Real Estate Appraisers Board consisting of seven members, appointed by the Governor with the advice and consent of the Legislature. The Board shall be under the Department of Licensing and Consumer Affairs for administrative purposes. No more than three members shall be real estate appraisers who have been actively engaged in the real estate appraisal field and of the three real estate members no more than two members shall be from any one district. Of the four remaining members, no more than two shall be involved in banking or mortgage lending activities or in the active use of appraisers. (b) The term of each member of the Board shall be three years. Members of the Board shall elect a Chairman and Vice-Chairman, and such other officers as deemed necessary. In the event of a vacancy on the Board, the Governor shall appoint a person to fill such vacancy and the person so appointed to the vacant position shall meet the requirements of this chapter and shall serve for the remainder of the unexpired term. (c) Members of the Board shall hold office until the appointment and qualification of their successors. Members may be removed from the Board by the Governor for cause. (d) The Board shall meet at least once quarterly, and as often as necessary, to conduct the business of the Board. A quorum of the Board shall be four members. (e) Each member of the Board shall receive the per diem set for all Boards and Commissions plus actual travel expenses incurred in the performance of official duties. (f) The Board shall by rules and regulations authorized by this chapter, establish fees to be charged and collected; provided, however, that full-time employees of the Government of the Virgin Islands who perform appraisals for the Government shall be exempt from the payment of all fees under the provisions of this chapter. (g) The Board shall adopt an official seal engraved with the words "Real Estate Appraiser Board, Government of the Virgin Islands" by which it shall authenticate the acts of the Board. All records and papers, including copies thereof, in the Office of the Board, certified by the signature of the Board's Chairman and the seal of the Board, shall be received as legal evidence. (h) The Board shall maintain written records of all meetings and of any action taken therein, including records of all licensed real estate appraisers and certified real estate appraisers. (i) Members of the Board shall be immune from any civil or criminal action for initiating or assisting in any lawful investigation of the actions of, or any disciplinary proceeding concerning, a licensed or certified real estate appraiser pursuant to this chapter. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236.

(a) Any person desiring to act as a licensed or certified real estate appraiser must file an application for a license as a real estate appraiser or certified real estate appraiser with the Board. The Board shall charge an application fee to be set by the Board pursuant to rules and regulations. The application shall be in such form and detail as the Board shall prescribe including the following: (1) the name and full address of the applicant, including the name and physical address of the business; (2) such other information as the Board shall require. (b) A Licensed Real Estate Appraiser may perform appraisals of all properties with a transaction value of up to $250,000 and of noncomplex residential properties with a transaction value of not more $1,000,000. In addition to the requirements in subsection (a) of this section, to qualify as a "Licensed Real Estate Appraiser", an applicant must: (1) have attained the age of 18 years; (2) be a resident of the Virgin Islands; (3) possess a high school degree or its equivalent; (4) submit evidence that the applicant has successfully completed a course of study in real estate appraising prescribed by the Board that meets the standards set by the Appraiser Qualifications Board of the Appraisal Foundation that is conducted by an approved education provider; (5) demonstrate to the satisfaction of the Board the requisite hours and months of experience in real estate appraising as established by the AQB Criteria, within the last five years immediately preceding the filing of the licensing application; (6) after meeting the requirements set forth in paragraphs (4) and (5) of this subsection, stand for and successfully pass an examination approved and administered by the Board and consistent with the Uniform States Certification Examination issued or endorsed by the Appraiser Qualifications Board of the Appraisal Foundation, covering generally matters confronting licensed real estate appraisers. (c) A Certified Residential Real Estate Appraiser shall be authorized to appraise all properties with a transaction value of up to $250,000 and all residential real property consisting of one to four units or of complexity. In addition to the requirements of subsection (a) of this section, to qualify as a Certified Residential Real Estate Appraiser, an applicant must: (1) Have attained the age of 18 years of age; (2) be a resident of the Virgin Islands; (3) possess a high school degree or its equivalent; (4) submit evidence that the applicant has successfully completed a course of study in real estate appraising prescribed by the Board that meets the standards set by the Appraiser Qualifications Board of the Appraisal Foundation that is conducted by an approved education provider; (5) demonstrate to the satisfaction of the Board the requisite hours and months experience in real estate appraising as established by the AQB Criteria within the last five years immediately preceding the filing of the license application; (6) after meeting the requirements set forth in paragraphs (4) and (5) of this subsection, stand for and successfully pass an examination approved and administered by the Board and consistent with the Uniform States Certification Examination issued or endorsed by the Appraiser Qualifications Board of the Appraisal Foundation, covering generally matters confronting certified residential appraisers. (d) A Certified General Real Estate Appraiser may perform appraisals of all properties. In addition to the requirements in subsection (a), to qualify as a "Certified General Real Estate Appraiser", an applicant must: (1) have attained the age of 18 years; (2) be a resident of the Virgin Islands; (3) possess a high school degree or its equivalent; (4) submit evidence that the applicant has successfully completed a course of study in real estate appraising prescribed by the Board that meets the standards set by the Appraiser Qualifications Board of the Appraisal Foundation that is conducted by an approved education provider; (5) demonstrate to the satisfaction of the Board the requisite hours and months of experience in real estate appraising as established by the AQB Criteria, within the last five years immediately preceding the filing of the licensing application; provided however, fifty percent of which shall be appraisal of non-residential properties; (6) after meeting the requirements set forth in paragraphs (4) and (5) of this subsection, stand for and successfully pass an examination approved and administered by the Board and consistent with the Uniform State Certification Examination issued or endorsed by the Appraiser Qualifications Board of the Appraisal Foundation, covering generally matters confronting certified real estate appraisers. (e) Failure of a Licensed Real Estate Appraiser, a Certified Residential Real Estate Appraiser, or a Certified General Real Estate Appraiser to meet any of the requirements set forth in subsection (a) and subsections (b), (c), or (d), as applicable, is grounds for the denial of the applicable license. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236; amended Jan. 7, 1992, No. 5824, § 29(b), Sess. L. 1992, p. 180; amended Jan. 19, 2023, No. 8692, § 1(b), (g), (h), Sess. L. 2022, p. 459, 460; amended July 9, 2025, No. 9005, § 6, Sess. L. 2025, p. -.

(a) Temporary licenses or certifications for such time as determined by the Board, may be awarded by the Board to nonresident appraisers who: (1) are licensed or certified in another state whose requirements have not resulted in a finding of "Poor" by the Appraisal Subcommittee and meet the requirements of Title XI of the feTitle XI Financial Institutions Reform, Recovery, and Enforcement Act ofEnforcement Act of 1989o. 101-73; (2) are conducting business of a temporary nature; and (3) register with the Real Estate Appraisers Board and pay the required fees determined by the Board. (b) If, in the determination of the Board, an existing credential holder, in good standing in any jurisdiction, whose requirements for certification or licensing meet or exceed the licensure standards established by the Virgin Islands, the Board will issue a reciprocal certification or license. (c) As a prerequisite to renewal of a real estate appraisal license, a licensed real estate appraiser, licensed for any classification under this chapter, shall present evidence satisfactory to the Board of having met the continuing education requirements as adopted by Board rule.No appraiser whose license or certification has been placed on inactive status, shall be allowed to reactivate a license or certification unless the provisions of this subsection are met in addition to any other requirements of this chapter. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236; amended Jan. 19, 2023, No. 8692, § 1(c)(1)-(4), Sess. L. 2022, p. 459.

History: Repealed. Jan. 19, 2023, No. 8692, § 1(d), Sess. L. 2022, p. 459.

(a) In making its determination with respect to the courses of study required by this chapter, the Board shall give weight to courses which teach the following: (1) Appropriate knowledge of technical terms commonly used in or related to real estate appraising and appraisal report writing and economic concepts applicable to real estate and real property; (2) An understanding of the basic principles of land economics and the real estate appraisal process and the problems likely to be encountered in gathering, interpreting, and processing the data required in the real estate appraisal process; (3) An understanding of the standards for the development and communication of real estate appraisals as provided in this chapter; (4) An understanding of the ethical rules that an appraiser is required to observe; (5) Appropriate knowledge of theories of depreciation cost estimating, methods of capitalization, and the mathematics of real estate appraisal; (6) An understanding of basic real estate law; (7) An understanding of the types of misconduct for which disciplinary proceedings may be initiated against an appraiser, as set forth in this chapter; and (8) An understanding of such other matters as may confront appraisers in real estate appraisal activity. (b) Failure to complete any of the educational requirements as provided in this chapter shall be grounds for denial of a license or certification or denial of a renewal of license or certification. No fees or portion of fees paid shall be refunded if an appraiser fails to meet the continuing education provisions of this chapter. (c) Notwithstanding the above provisions, the Board is authorized to require additional hours of educational classes for applicants for licensure or certification or of continuing education for licensed real estate appraisers or certified real estate appraisers, in compliance with federal law. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236.

(a) Every applicant for licensure or certification under this chapter, who is not a resident of the Virgin Islands, shall submit with the application for licensure or certification, an irrevocable consent that service of process upon the applicant may be made by the delivery of the process to the Virgin Islands Appraisers' Board, if, in an action against the applicant in any court of the Virgin Islands arising out of the applicant's activities as an appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant. (b) A nonresident of the Virgin Islands, who has complied with the provisions of subsection (a) of this section, may obtain a license or certification by conforming to all of the provisions of this chapter. (c) Any applicant who is licensed or certified under the laws of another state or territory, which laws have been approved by the Appraisal Subcommittee, may obtain a similar license or certification as an appraiser in the Virgin Islands, provided the applicant is in good standing in that state or territory, meets the requirements of this Code, pays the required fees, and signs a statement that the applicant has read this chapter and any rules and regulations issued hereunder, and agrees to abide by its provisions in all real estate appraisal activity in the Virgin Islands. In addition, the applicant's resident state or any other state or territory in which the applicant is licensed or certified, must furnish to the Board a certification of licensure or certification and copies of the records of any disciplinary action taken against the applicant. The imposition of a disciplinary action by any other state's or territory's licensing authority may be grounds for denial of license or certification to a nonresident applicant or for the revocation of license or certification to a nonresident or for suspension of license or certification issued to a nonresident by the Board. (d) The applicant shall agree in writing to cooperate with any investigation initiated under this chapter by promptly supplying any documents requested by the Board or any authorized investigator of the Board and by personally appearing in the Board's offices or other location in the Virgin Islands as requested by the Board or any authorized investigator of the Board. If the Board sends by certified mail to the last known business address of a nonresident appraiser a notice to produce documents or to appear for an interview with an authorized investigator or the Board, and the nonresident fails to comply with that request, the Board may impose on the nonresident appraiser any disciplinary action permitted by this chapter. (e) The Board shall prescribe the form of a license to denote that an individual is a licensed or certified real estate appraiser, as the case may be. The license shall be conspicuously displayed in the appraiser's place of business. The Board shall also prepare and deliver to the applicant a pocket card certifying that the person named thereon is a licensed or certified real estate appraiser, as the case may be. (f) A license or certification issued under authority of this chapter shall bear a number assigned by the Board and the date of issuance. When signing an appraisal report, a licensed real estate appraiser shall place his/her license number adjacent to or immediately below his/her name and the title "Licensed Real Estate Appraiser". When signing an appraisal report, a certified real estate appraiser shall place his/her license number adjacent to or immediately below his/her name and the title "Certified Real Estate Appraiser". Such license or certificate number shall be used on all statements of qualification, contracts, or other instruments used by the appraiser when reference is made to his licensed or certified status. (g) All licenses, certificates, and pocket cards shall be the property of the Board, and upon suspension or revocation of a license or certification pursuant to this chapter, the individual holding the license or certificate, and pocket card, shall immediately return them to the Board. (h) The Board shall adopt the Practical Applications of Real Estate Appraisal programs approved by the Appraiser Qualifications Board of the Appraisal Foundation as an option for applicants seeking licensure under this chapter. (i) The Board is authorized to waive or to modify any experience, examination, or education requirements established in this chapter for appraisers in order to bring the requirements into conformity with federal law. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236; amended July 9, 2025, No. 9005, § 6, Sess. L. 2025, p. -.

(a) The Board shall administer an examination to all applicants for licensure as a "Licensed Real Estate Appraiser" or "Certified Real Estate Appraiser". The Board shall collect an examination fee set by the Board, and an investigation fee if necessary. If an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits. (b) All licenses and certifications shall be renewed periodically as determined by the Board in its rules and regulations, and the Board shall charge a fee for the renewal of any such license or certificate. No license or certification shall be valid for more than three years. All fees collected pursuant to this section shall be deposited in the Real Estate Appraiser's Fund in the Treasury of the Virgin Islands as established in Title 33, section 3083, Virgin Islands Code. A license or certification not renewed in accordance with this section shall lapse. (c) All applications must be filed and fees paid at the Board's offices during regular business hours or may be mailed to the Board's offices in a letter postmarked by the Postal Service. (d) Any appraiser whose license or certification lapses for any reason may reactivate that license or certificate within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the license or certification was lapsed; provided, however, that the appraiser continues to meet the educational requirements of this chapter. Any appraiser whose license or certification has lapsed for longer than two years and who seeks to have the license or certification reinstated must requalify as an original applicant as set forth in this chapter. The Board may bring misdemeanor charges against any appraiser if the appraiser continues to perform real estate appraisal activities following the lapsing of the license or certification. (e) Any appraiser who does not wish to be actively engaged in real estate appraisal activity may continue a license or certification by making a written request, within 14 days of ceasing work, that the license or certification be placed on inactive status. Any appraiser whose license or certification has been placed on an inactive status shall not engage in real estate appraisal activity. To reactivate a license or certification held on inactive status, an appraiser must make application to the Board and receive his/her license or certification prior to resuming real estate appraisal activity. Any appraiser who seeks to reactivate a license or certification which has been placed on inactive status shall be required to meet any continuing education requirements which the appraiser might have otherwise been required to meet during the period when the appraiser's license or certification was placed on inactive status. (f) Any appraiser who places a license or certification on inactive status shall be required to pay the renewal fee provided for in this section. No license or certification shall be issued unless the required fees are paid. If an appraiser on inactive status changes address, the appraiser shall notify the Board of the new address, in writing, within 21 days. (g) Any fee which the Board is permitted to charge under this chapter and which is unpaid may be cause for sanction, including denial of a license or certification, or for penalties permitted by this chapter. (h) The Board shall collect and forward to the Federal Financial Institutions Examination Council the annual registry fee required for appraisers who perform in federally related transactions as set forth in 12 U.S.C. section3338, and shall forward to the Appraisal Subcommittee a roster of appraisers licensed or certified pursuant to the terms of this chapter. (i) Except as provided for in subsection (h) of this section, all fees collected pursuant to this chapter shall be deposited by the Board into the Real Estate Appraisers Fund established by Title 33, section 3083, Virgin Islands Code. Expenditures authorized by the Board shall be paid from the funds received pursuant to this chapter or as may be appropriated by the Legislature. (j) Licenses or certifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such manner as to safeguard the interests of the public and only after satisfactory proof of such qualifications has been presented to the Board. (k) Where an applicant for a license or certification has been convicted in a court of competent jurisdiction of this or any other state, district or territory of the United States, or of a foreign country, of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offenses or has been convicted of any felony or a crime involving moral turpitude, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a license or a certification. As used in this chapter, the term "conviction" shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. Where an applicant for a license or a certification has been arrested, charged, and sentenced for the commission of a felony or any crime involving moral turpitude and where such applicant was granted first offender treatment without adjudication of guilt pursuant to the charge, or pleaded "nolo contendere" to such charge, such sentencing in itself may be a sufficient ground for refusal of a license or certification. An applicant for a license or a certification who has been convicted of any offense enumerated in this subsection may be licensed or certified by the Board only if: (1) at least five years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (2) no criminal charges are pending against the applicant; and (3) the applicant presents to the Board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interest of the public. (l) Where an applicant or an appraiser has been found guilty of a violation of the federal fair housing law or a state or territorial fair housing law by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of a license or a certification or the imposition of any sanction permitted by this chapter. (m) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the Board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the license or certification. (n) Grounds for suspension or revocation of a license or certification, as provided for by this chapter, shall also be grounds for refusal to grant a license or certification. (o) The conduct provided for in subsections (j) through (m) of this section which relates to the denial of a license or a certification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when the conduct is that of an appraiser. (p) If an appraiser: (1) voluntarily surrenders a license or certification to the Board; (2) allows a license or certification to lapse due to failure to meet education requirements provided by law; or (3) allows a license or certification to lapse due to failure to pay any required fees after the Board has filed a notice of hearing alleging that such appraiser has violated any provision of this chapter before the Board enters a final order in the matter, then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the Board as grounds for refusal of a new license or certification to such person. (q) Where an applicant for a license or certification has been disciplined by the Board or by a similar Board of any other state, territory or foreign country, such discipline in itself may be a sufficient ground for refusal of a license or certification. An applicant for a license or certification who has had a license or certification revoked by an occupational licensing body of this Territory, or any other state or territory, may be licensed or certified by the Board only if: (1) at least five years have passed since the date that the applicant's occupational license or certification was revoked; (2) no criminal charges are pending against the applicant at the time of the application; and (3) the applicant presents to the Board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (r) Whenever any appraiser is convicted of any offense enumerated in subsection (k) of this section, such appraiser must immediately notify the Board of the conviction. Such appraiser's license or certification shall automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the Board for a hearing during that 60 day period. Following any such hearing held pursuant to this subsection, the Board, in its discretion, may impose upon that appraiser any remedy permitted by this chapter. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236; amended Jan. 19, 2023, No. 8692, § 1(i), Sess. L. 2022, p. 460.

(a) If the Board, after an application in proper form has been filed with it, accompanied by the proper fee, shall deny the applicant a license or certification, the Board shall provide for a hearing for such applicant in accordance with rules and regulations issued by the Board. (b) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in the Superior Court of the Virgin Islands. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236.

If an appraiser changes a residence or place of business address, such appraiser shall notify the Board, in writing, within 21 days of such change. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236.

(a) After December 31, 1992, no person engaged in the business of real estate appraisal activity in the Virgin Islands or acting in the capacity of an appraiser in the Virgin Islands may bring or maintain any action in any court of the Territory to collect compensation for the performance of real estate appraisal activity for which a license or certification is required by this chapter without alleging and proving that such person was licensed or certified in the Virgin Islands at all times during the performance of such services. (b) The Board by and through the commissioner may bring an action for any violation of this chapter. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236; amended June 2, 1992, No. 5787, § 1, Sess. L. 1992, p. 77.

(a) In accordance with the hearing procedures established for contested cases by the Board, the Board shall have the power to reprimand appraisers and approve education classes; to revoke or suspend any license or certification issued under this chapter; to revoke or suspend approval of any school; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one hearing; to require completion of a course of study in real estate appraisal or instruction; or to utilize any combination of these sanctions which the Board may deem appropriate whenever an appraiser or an approved school has been found guilty of a violation of this chapter, or the rules and regulations promulgated by the Board, or of any standard of conduct, including, but not limited to, the following acts or omissions: (1) performing any real estate appraisal activity or specialized services which indicate any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin or an intention to make any such preference, limitation or discrimination; (2) an act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit substantially an appraiser or another person or with the intent to injure substantially another person; (3) commission of any act of fraud, misrepresentation or deceit in the making of an appraisal of real estate for which act a final civil or criminal judgment has been rendered; (4) engaging in real estate appraisal activity under an assumed or fictitious name not properly registered in the state or territory; (5) paying a finder's fee or a referral fee to a person who is not an appraiser in connection with an appraisal of real estate or real property; (6) making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications; (7) violation of the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency; (8) violation of any of the standards for the development of communication of real estate appraisals as promulgated by the Board; (9) failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal; (10) negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal; (11) accepting an independent appraisal assignment when the employment itself is contingent upon the appraiser's reporting a predetermined estimate, analysis, or valuation reached or upon the consequences resulting from the appraisal assignment; (12) failure to retain for a period of five years the original or a true copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each such appraisal report. The five-year period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the delivery of each appraisal report to the client unless, within such five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the five-year period for the retention of records shall commence upon the date of the final disposition of such litigation; (13) failure upon reasonable request of an appraiser to make all records required to be maintained under the provisions of this chapter available to the Board for inspection and copying by the Board; (14) performing any appraisal beyond the scope of authority granted in the license or certification held; (15) demonstrating incompetency to act as an appraiser in such a manner as to safeguard the interests of the public or any other conduct, whether of the same or a different character than specified in this subsection, which constitutes dishonest dealing; or (16) performing or attempting to perform any real estate appraisal activity on property located in another state or territory without first having complied fully with that state's or territory's laws regarding real estate appraisal activity. (b) In a disciplinary proceeding based upon a civil judgment, an appraiser shall be afforded an opportunity to present matters in mitigation and extenuation but may not collaterally attack the civil judgment. (c) When an appraiser has previously been disciplined by the Board or by any other state's or territory's real estate appraiser licensing authority, the Board may consider prior disciplinary actions in determining the severity of a new disciplinary action which may be imposed upon a finding that an appraiser has violated any provision of this chapter or any of the rules and regulations of the Board. Failure of an appraiser to comply with or to obey a final order of the Board may be cause for suspension or revocation of the individual's license or certification after opportunity for a hearing. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236.

(a) No person other than a Certified Real Estate Appraiser shall assume or use such title or any title, designation, or abbreviation likely to create the impression of certification as a real estate appraiser. A person who is not certified pursuant to this chapter shall not describe or refer to any appraisal report or any appraisal or other evaluation of real estate by the term "certified". (b) Subsection (a) of this section shall not preclude a Licensed Real Estate Appraiser from appraising real estate for compensation. (c) The term "Certified Real Estate Appraiser" may only be used to refer to individuals who hold such certification and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group or in such manner that it might be interpreted as referring to a firm, partnership, corporation, group, or anyone other than an individual holder of the certification. (d) No license or certification shall be issued under the provisions of this chapter to a corporation, partnership, firm, or group. (e) Nothing contained in this chapter shall be deemed to prohibit an appraiser from engaging in the practice of real estate appraisal activity as a professional corporation provided the appraiser has complied with the provisions of this chapter. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236; amended Jan. 19, 2023, No. 8692, § 1(e), Sess. L. 2022, p. 459.

(a) A client or employer may retain or employ an appraiser to act as a disinterested third party in rendering an unbiased valuation or analysis. A client or employer may also retain or employ an appraiser to provide specialized services to facilitate the client's or employer's objectives. In either case, the appraisal and appraisal report must comply with the provisions of this chapter. (b) For the purposes of this chapter, the term "specialized services" as defined herein means those appraisal services which do not fall within the definition of independent appraisal assignment. The term "specialized services" may include valuation work and analysis work. Regardless of the intention of the client or employer, if the appraiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion, the work is classified as an independent appraisal assignment and not "specialized services". (c) An appraiser may not accept a fee for an independent appraisal assignment that is contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or is contingent upon the opinion, conclusion, analysis, or valuation reached or upon the consequences resulting from the independent appraisal assignment. (d) An appraiser who enters into an agreement to perform specialized services may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services. (e) If an appraiser enters into an agreement to perform specialized services for a contingent fee, this fact shall be clearly stated in each written and oral report. In each written report, this fact shall be clearly stated in a prominent location in such report, in each letter of transmittal, and in the certification statement made by the appraiser in such report. (f) Any appraiser who performs specialized services for which any other law requires licensure, certification, or registration must first obtain that licensure, certification, or registration before undertaking any such specialized services. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236.

(a) The Board may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any appraiser, applicant, or school approved by the Board. Except for investigations of applicants for licensure or certification, investigations of allegations of fraudulent conduct, or investigation of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the Board may initiate an investigation on its own motion or upon a sworn written request for investigation if the act or acts which may constitute a violation of this chapter occurred within three years of the initiation of the investigation. The Board shall analyze each complaint to determine whether additional violations, especially those relating to the Uniform Standards of Professional Appraisal Practice, should be added to the complaint. (b) Any person authorized to conduct an investigation on behalf of the Board shall have access to and may examine any writings, documents, or other material which may be related to an investigation made upon the order of the Board. (c) In the conduct of an authorized investigation, the Board may issue subpoenas to compel production of such writings, documents, or material on behalf of the Board. After the service of a notice of hearing, the commissioner or chairperson of the Board may issue subpoenas to compel production of such writings, documents, or material, either on behalf of the Board or at the request of a respondent. The Board or the respondent may apply to the Superior Court of the Virgin Islands for the district in which a person disobeying a subpoena resides for an order of the Court enforcing the subpoena of the Board and the Court may render punishment in the same manner as a finding of contempt of court. (d) The results of all investigations shall be reported only to the Board or to the commissioner and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the Board and no part of any investigative record shall be released for any purpose other than a hearing before the Board or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the Board upon an affirmative vote of all members of the Board, review by the respondent after the service of a notice of hearing, review by the Board's legal counsel, or an appeal of a decision by the Board to a court of competent jurisdiction. After service of a notice of hearing, a respondent shall have a right to immediately obtain a copy of the investigative record pertaining to the respondent. (e) Whenever the Board revokes or suspends for more than 60 days a license or certification or a school approval, or whenever an appraiser or an approved school surrenders a registration, license, certification, or an approval to the Board after the Board has filed a notice of hearing, the Board shall publish the name of such appraiser or school in its official newsletter and/or a newspaper of general circulation in the Territory. (f) The Board shall have the authority to exclude all persons during the Board's or the staff of the Board's: (1) deliberations on disciplinary proceedings; (2) meetings with an appraiser or an applicant or the legal counsel of that appraiser or applicant in which the appraiser or applicant seeks to settle a contested case as provided in this chapter; or (3) review of the results of investigations initiated under this chapter. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236; amended Jan. 19, 2023, No. 8692, § 1(f), Sess. L. 2022, p. 459.

(a) Before the Board imposes on any appraiser any sanction permitted by this chapter, it shall provide for a hearing for such appraiser in accordance with rules and regulations issued by the Board. (b) If any appraiser or applicant fails to appear at any hearing after reasonable notice, the Board may proceed to hear the evidence against such appraiser or applicant and take action as if such appraiser or applicant had been present. A notice of hearing, initial or proposed decision, or final decision of the Board in a disciplinary proceeding shall be served upon the appraiser or applicant by personal service or by certified mail, return receipt requested, to the last known address of record with the Board. If such material is returned marked "unclaimed" or "refused" or is undeliverable and if the appraiser or applicant cannot, after diligent effort, be located, the commissioner shall be deemed to be the agent for such appraiser or applicant for the purposes of this chapter, and service upon the commissioner shall be deemed service upon the appraiser or applicant. (c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the provisions of law. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236.

(a) Except as provided in this section, on and after July 1, 1991 or by such other date as may be set by federal law and published by the Board, it shall be unlawful for anyone to engage in real estate appraisal activity in this Territory without first obtaining a license or certification as provided in this chapter. Nothing in this chapter shall be construed to prohibit any person who is licensed to practice in this Territory under any other law from engaging in the practice for which such person is licensed. (b) Whenever, in the judgment of the Board, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attorney General may maintain an action in the name of the Territory and the Board in the Superior Court of the Virgin Islands in the district in which such violation occurred to abate and enjoin temporarily or permanently such acts and practices and to enforce compliance with this chapter. The plaintiff shall not be required to give any bond. (c) This chapter shall not apply to: (1) individuals: (A) who do not render significant professional assistance in arriving at a real estate appraisal analysis, opinion, or conclusion; or (B) who assist an appraiser in the preparation of an appraisal report but do not sign that report or make any representations regarding it to any third party; (2) a real estate salesman or broker licensed in accordance with Title 27, Virgin Islands CoTitle 27, Virgin Islands Codeourse of real estate brokerage business, gives a broker's price opinion, competitive market analysis, or any other written or oral opinion to a potential seller, purchaser, landlord, tenant, or third party as to the recommended listing, lease, rental, or purchase price of real estate or real property; provided, however, that this opinion as to the listing, lease, rental, or purchase price shall not be referred to as an appraisal; (3) any individual, partnership, or corporation which, as owner, as the spouse of an owner, as general partner of a limited partnership, as officer of a corporation, as lessor, or as prospective purchaser or lessee or its regular employees, expresses an opinion on the value of real estate or real property leased or to be acquired by such owner; (4) any person who testifies to the value of real estate or real property in the courts of the Territory; or (5) individuals employed in the Offices of the Tax Assessor. (d) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs any single act of real estate appraisal activity defined in this chapter, whether as a part of an appraisal or as an appraisal, shall be deemed an appraiser within the meaning of this chapter. The commission of a single such act by a person who is required to have a license or certification under this chapter but who is not licensed or certified shall constitute a violation of this chapter. (e) It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, an appraiser within this Territory without first obtaining the license or certification as provided in this chapter. (f) Notwithstanding any other provisions of law to the contrary, the Board may issue a cease and desist order, after due process, prohibiting any person from violating the provisions of this chapter by engaging in the practice of an appraiser for federally regulated transactions without a license or certification. Such cease and desist order shall be final ten days after it is issued unless the person to whom such order is issued requests a hearing before the Board. (g) The violation of any cease and desist order of the Board issued under this section shall subject the person violating the order to further proceedings before the Board, and the Board shall be authorized to impose a fine not to exceed $1,000.00 for each transaction constituting a violation of such order. Each day that a person practices in violation of this chapter shall constitute a separate violation. (h) Initial judicial review of the decision of the Board entered pursuant to this section shall be in the Superior Court of the Virgin Islands. (i) Nothing in this chapter shall be construed to prohibit the Board from seeking a cease and desist order in accordance with the provisions of this section. (j) Any person acting as an appraiser within the meaning of this chapter without a license or certification and any person who violates any other provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not less than $100 nor more than $500, or a jail term not to exceed six months, or both. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236; amended Aug. 2, 2002, No. 6534, § 1, Sess. L. 2002, p. 433.

The Board is hereby authorized to issue rules and regulations in accordance with Title 3, chapter 35, Virgin Islands Code, and this chapter, to set fees, to regulate the issuance of licenses and certifications, to discipline appraisers as permitted by this chapter, to establish qualifications for licenses and certifications consistent with this chapter, to regulate approved education courses, to establish a code of professional responsibility for appraisers, to establish standards for real estate appraisals in conformity with the Uniform Standards established by Federal law, and to carry out the provisions of this chapter. History: Added Nov. 18, 1991, No. 5756, § 1, Sess. L. 1991, p. 236.

As used in this chapter, unless otherwise provided or the context requires a different construction, application, or meaning- (a) "Apprentice" means a person who is not a manager or operator and who has obtained a permit from the Board to engage in learning the practice of barbering, cosmetology, nail technology, or natural hair styling under the direction and supervision of a barber or one of the respective cosmetologist specialists. (b) "Barber" means a person who engages in the practice of barbering. (c) "Barbering" means any of the following when done for compensation and for the public, but not when done for the treatment of disease or physical ailments: (1) shaving, cutting, trimming, coloring, shampooing, arranging, dressing, curling, dyeing or waving the hair or beard, or arching eyebrow; (2) giving scalp massages or applying oils, creams, lotions, or other preparations to the face, scalp or neck, either by hand or by mechanical appliances; (3) applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face or neck of clients. (d) "Barbershop" means any store, establishment, place, or any part thereof, in which the practice of barbering is conducted. (e) "Beautician" means a person engaged in the practice of cosmetology. (f) "Beauty shop" means any store, establishment, place, or premises, or any part thereof in which the practice of cosmetology is conducted. (g) "Board" means the Virgin Islands Board for the Licensing of Barbering and Cosmetology. (h) "Commissioner" means the Commissioner of Licensing and Consumer Affairs. (i) "Cosmetology" means the art and science of hair, skin, and nail and scalp for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair arranging, hair coloring, permanent waving, hair relaxing, hair removal, natural hair and braiding, plain facial, non- permanent makeup, arching eyebrow, pedicuring, and manicuring when done for compensation. (j) "Esthetics" means any of the following practices: giving facials; applying makeup; performing skin care; removing superfluous hair from the body of a person by use of creams, tweezers, or waxing; applying eyelashes to a person, including the application of eyelash extensions, brow or lash color; beautifying the face, neck, arms, or upper part of the human body by use of cosmetic preparations, antiseptics, tonics, lotions, or creams; surface manipulation in relation to skin care; cleaning or stimulating the face, neck, ears, arms, hands, bust, torso, legs, or feet of a person by means of hands, devices, apparatus, or appliances along with the use of cosmetic preparations, antiseptics, tonics, lotions or cream. The practice of esthetics does not include the practice of cosmetic medical procedures, such as, but not limited to: hair transplants, cosmetic injections, including botulinum toxins and soft tissue fillers; dermaplaning; dermastamping; dermarolling; dermabrasion; chemical peels using modification solutions; laser hair removal; laser skin surfacing; laser treatment of leg veins; sclerotherapy and other laser procedures; intense pulsed light treatment and the use of medical devices designed to induce deep skin tissue alteration. (k) "Esthetician" means a person licensed by the Board to practice only that part of cosmetology that is defined as esthetics. (l) "Esthetics salon" means any store, establishment, place, or premises, or any part thereof in which the practice of only that part of cosmetology that is defined as esthetics is conducted. (m) "Licensee" means a person entitled to engage in barbering, cosmetology, or manicuring. (n) "Manicurist" means a person who engages in the practice of manicuring and pedicuring. (o) "Manicuring and pedicuring" and "practice of manicuring and pedicuring" mean the cleansing, dressing, application of nail extensions and artificial nails or polishing of the natural or sculptured nails of a person's hands and feet. (p) "Nail technician" means a person who is licensed by the Board to practice only that part of cosmetology that is defined as manicuring and pedicuring. (q) "Nail salon" means any store, establishment, place, or premises, or any part thereof in which the practice of only that part of cosmetology that constitutes manicuring and pedicuring is conducted. (r) "Natural hair stylist" means any person who uses techniques that result in tension on hair strands such as twisting, wrapping, weaving, extending, locking, or braiding of the hair by hand or mechanical appliances which do not include the application of dyes, reactive chemicals, or other preparations to alter the color or straighten, curl, or alter the structure of the hair. (s) "Natural hair" means hair that has not been altered by chemical straighteners, including relaxers and texturizes. (t) "Natural hair salon" means any store, establishment, place, or premises, or any part thereof in which the practice of only that part of cosmetology that is defined as natural hair styling is conducted. (u) "Temporary permit" means a permit issued pursuant to the requirements of this chapter, except § 455, upon submittal of an application and payment of the required license fee. History: Added June 28, 1968, No. 2259, § 2, Sess. L. 1968, Pt. II, p. 106. No. 2259, § 2, Sess. L. 1968, Pt. II, p. 106; amended Oct. 14, 1986, No. 5206, § 105(e)(1), (2), Sess. L. 1986, p. 234; amended Dec. 6, 2021, No. 8513, § 1(b), Sess. L. 2021, p. 214-216.

Cosmetology (a) There is hereby created within the Department the Virgin Islands Board for the Licensing of Barbering and Cosmetology, referred to as the "Board" hereinafter. (b) The Board shall consist of seven (7) members to be appointed by the Governor, two of whom shall be licensed barbers, three of whom shall be licensed beauticians and two shall be licensed estheticians. Not more than two members may reside in any district. (c) In making initial appointments, the Governor shall appoint four members to terms of five years and three members for terms of two years. Thereafter, all members shall be appointed for terms of four years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall serve only for the remainder of such term. (d) The Board shall annually elect one of its members as Chairman; except the Governor shall designate the Chairman of the Board initially appointed. (e) Members of the Board shall receive a per diem of $75 for each day or part thereof spent in performing duties of the Board. All Board members, shall, in addition, receive reasonable and necessary travel expenses incurred in attending meetings of the Board. (f) Any member of the Board may be removed by the Governor for cause. History: Added June 28, 1968, No. 2259, § 1(a), Sess. L. 1968, Pt. II, p. 105; amended Feb. 19, 1974, No. 3520, Sess. L. 1974, p. 20; Sept. 28, 1990, No. 5636, § 1(j), Sess. L. 1990, p. 347; June 12, 1992, No. 5796, § 5, Sess. L. 1992, p. 92; amended Dec. 6, 2021, No. 8513, § 1(c)(1)-(4), Sess. L. 2021, p. 216, 217; amended Nov. 10, 2025, No. 9059, § 1, Sess. L. 2025, p. -.

In addition to any other powers and duties that may be provided by law, the Board shall administer the provisions of this chapter, except as otherwise specifically provided, and without limiting the generality of the foregoing shall have the following powers and duties: (1) adopt an official seal; (2) subpoena witnesses and administer oaths; (3) keep records of its proceedings; (4) recommend the issuance, denial, suspension, revocation, or reinstatement of licenses under this chapter; (5) submit to the Governor through the Commissioner annual reports containing a summary of its work, a register of every person licensed under this chapter, and such other data as the Governor or the Commissioner may request or as may be deemed proper by the Board; (6) adopt, amend, and repeal rules and regulations, not inconsistent with the law, relating to the organization and operation of the Board and the licensing, regulation and inspection under this chapter of barbers, cosmetologists, estheticians, nail technicians, natural hair stylists, barbershop, beauty shop, esthetic salon, nail salon, and natural hair salon. (7) set and collect fees as provided for under this chapter; (8) set safety and sanitation standards for the entities and persons regulated under this chapter; (9) carry out any other actions authorized under this chapter; and (10) establish continuing education requirements for persons and professions regulated under this chapter. History: Added June 28, 1968, No. 2259, § 2, Sess. L. 1968, Pt. II, p. 106; amended Oct. 14, 1986, No. 5206, § 105(e)(3), Sess. L. 1986, p. 234; amended Dec. 6, 2021, No. 8513, § 1(d)(1), (2), Sess. L. 2021, p. 217.

Barbershop, Beauty Shop, Esthetic Salon, Nail Salon and Natural Hair Salon No person may engage in the practice of cosmetology, barbering, esthetic, manicuring, pedicuring, or the styling of natural hair for compensation without a valid shop or salon license or hold oneself out as being qualified to do so unless the person is licensed under this chapter. No person may act as an apprentice in a shop or salon unless licensed as apprentice under this chapter. History: Added June 28, 1968, No. 2259, § 2, Sess. L. 1968, Pt. II, p. 106; amended July 18, 1968, No. 2314, § 1(A), Sess. L. 1968, Pt. II, p. 288; amended Dec. 6, 2021, No. 8513, § 1(e)(1), (2), Sess. L. 2021, p. 217.

(1) Cosmetologist (2) Barber (3) Esthetician (4) Nail Technician (5) Natural Hair Stylist (6) Apprentice (7) Beauty Shop (8) BarberShop (9) Esthetic Salon (10) Nail Salon (11) Natural Hair Salon (12) Temporary licenses may be issued for the following: (A) Cosmetologist (B) Barber (C) Nail Technician (D) Natural Hair Stylist (E) Beauty Shop (F) BarberShop (G) Esthetic Salon (H) Nail Salon (I) Natural Hair Salon History: Added Dec. 6, 2021, No. 8513, § 1(n), Sess. L. 2021, p. 221, 222.

Natural Hair Stylists; Qualifications and Requirements No person may be licensed under this chapter unless such person submits satisfactory proof to the Board that such person- (1) is at least eighteen (18) years of age; (2) is of good moral character and is a citizen of the United States or is residing legally in the United States; (3) has been a resident of the Virgin Islands for at least six consecutive months immediately prior to application; (4) has graduated from a certified or accredited school of cosmetology or barbering approved by the Board and has completed classroom studies, including both theoretical and practical of not less than 1,500 hours of cosmetology for cosmetologist and not less than 500 hours of barbering for barbers; (5) has graduated from a school of esthetics or an entity offering a course in esthetics approved by the Board and has completed not less than 600 hours of classroom studies in esthetics, including both practical and theoretical; (6) has graduated from a certified or accredited school or entity offering a course in natural hair care approved by the Board and has completed not less than 250 hours of natural hair care, including both theoretical and practical; and (7) has satisfactorily passed an examination conducted by the Board to determine fitness to practice barbering, cosmetology, esthetics, or natural hair grooming, or manicuring, as the case may be. In addition, each such person shall submit to the Board, along with an application on a form prescribed by the Board, two recent photographs of the applicant of a size prescribed by the Board, a recent certificate of a duly licensed physician, on a form prescribed by the Board, showing freedom from any infections or communicable disease, and the fee prescribed by this chapter. Persons licensed under this chapter and who renew their licenses every year shall submit a health certificate every two years and recent photographs when requested by the Board with their applications. History: Added June 28, 1968, No. 2259, § 2, Sess. L. 1968, Pt. II, p. 106; amended Feb. 20, 1970, No. 2644, § 1, Sess. L. 1970, p. 29; amended Dec. 6, 2021, No. 8513, § 1(f)(1)-(6), Sess. L. 2021, p. 217, 218.

Examination for applicants shall be offered by the Board during the month of February and July of each year in each of barbering, cosmetology, esthetics, hair braiding and manicuring. The examinations shall include both a practical demonstration and a written or oral test, and shall cover the pertinent subjects usually included in the curricula of schools of barbering, cosmetology, esthetics, hair braiding and manicuring. The satisfactory passing of an examination shall require a cumulative grade of at least seventy- five (75%) percent. Any person who fails two consecutive examinations shall undertake and satisfactorily complete such course of study as the Board may require before such person may take another examination. The Board may appoint one or more examiners to conduct such examinations. History: Added June 28, 1968, No. 2259, § 2, Sess. L. 1968, Pt. II, p. 106; amended July 18, 1968, No. 2314, § 1B, Sess. L. 1968, Pt. II, p. 288; Feb. 20, 1970, No. 2644, §§ 2, 3, Sess. L. 1970, p. 30; amended Dec. 6, 2021, No. 8513, § 1(g)(1), (2), Sess. L. 2021, p. 218.

(a) The Board may, in its discretion, waive the examination of and issue a license to practice barbering, cosmetology, esthetics, or natural hair or manicuring to any person possessing the qualifications prescribed by section 454 of this chapter who is the holder of a license to practice such trade, then in full force and effect, issued under the laws of any state; Provided, however, That such person has at least two years of experience in the practice of barbering, cosmetology, esthetics, or natural hair or manicuring. History: Feb. 20, 1970, No. 2644, § 5, Sess. L. 1970, p. 30; amended Dec. 6, 2021, No. 8513, § 1(h)(1), (2), Sess. L. 2021, p. 218.

(a) Each applicant for a permit as an apprentice shall submit an application together with the photographs and physician's certificate required by section 454 of this chapter and the required fee, and shall submit proof satisfactory to the Board that such applicant- (1) is at least sixteen (16) years of age; (2) is of good moral character; and (3) is a resident of the Virgin Islands and must be a citizen of the United States or of legal entry at the time of application. (b) The Board shall ensure the quality of training for apprentices by adopting and enforcing uniform minimum standards for all professions regulated under this chapter. History: Added June 28, 1968, No. 2259, § 2, Sess. L. 1968, Pt. II, p. 106; amended July 18, 1968, No. 2314, § 1B, Sess. L. 1968, Pt. II, p. 288; amended Dec. 6, 2021, No. 8513, § 1(i)(1)-(5), Sess. L. 2021, p. 218.

Hair Salon (a) No person may be licensed to operate a barbershop, beauty shop, esthetic salon, nail salon, or natural hair salon unless such person submits proof satisfactory to the Board that such person- (1) is at least twenty-one (21) years of age; (2) is of good moral character; and (3) has been a resident of the Virgin Islands for at least three consecutive months immediately prior to application. (b) Every barbershop, beauty shop, esthetic salon, nail salon, or natural hair salon shall meet and be maintained and operated in accordance with reasonable requirements established by the Board in rules and regulations, and every licensee and every person employed or engaged in any such shop shall comply with the provisions of such requirements. History: Added June 28, 1968, No. 2259, § 2, Sess. L. 1968, Pt. II, p. 106; amended July 18, 1968, No. 2314, § 1B, Sess. L. 1968, Pt. II, p. 288; amended Dec. 6, 2021, No. 8513, § 1(j)(1)-(3), Sess. L. 2021, p. 219.

(a) The Board shall issue a license to operate a barbershop or a beauty shop or to practice barbering, cosmetology, esthetics and natural hair care, and shall issue a permit as an apprentice, to every person who meets the requirements of this chapter. Each license and permit shall bear the seal of the Board and the signature of the Chairman of the Board. (b) Each license and permit shall be renewed annually as prescribed by the Board. (c) The fees the Board collects must be remitted to the Virgin Islands Department of Finance to be deposited into the General Fund of the Treasury of the Virgin Islands. The fees for the licensing, renewal or as a delinquency renewal penalty are as follows: (1) Cosmetologists $130 (2) Barbers $130 (3) Estheticians $130 (4) Nail technicians $130 (5) Natural hair stylists $130 (6) Shop/salon initial $260 (7) Shop/salon renewal $130 (8) Temporary licenses $65 (9) Apprentices $130 (10) Applications $50 (11) Examination/Re-examination $400 (d) The Board may issue a temporary permit to any person who meets all the requirements of this chapter upon proper application and payment of the required permit fee. A temporary permit expires six months after the date of issuance. (e) The Board shall charge and collect a reasonable examination fee. If the Board determines that it needs to investigate an applicant, or any information provided by the applicant, the Board may seek reimbursement from the applicant for the cost of that investigation. If an applicant fails an examination, the applicant may retake the examination but must again pay the required examination fee. (f) An apprenticeship permit is for one year and is renewable for one additional year. History: Added June 28, 1968, No. 2259, § 2, Sess. L. 1968, Pt. II, p. 106; amended July 18, 1968, No. 2314, § 1B, Sess. L. 1968, Pt. II, p. 288; Dec. 3, 1968, No. 2367, § 1, Sess. L. 1968, Pt. II, p. 375; Feb. 20, 1970, No. 2644, §§ 4, 5, Sess. L. 1970, p. 31; Nov. 7, 1983, No. 4877, § 310(c)(14), Sess. L. 1983, p. 240; amended Dec. 6, 2021, No. 8513, § 1(k)(1)-(6), Sess. L. 2021, p. 219, 220.

(a) The Board, subject to appeal as hereinafter provided, may revoke or suspend the license or permit of or refuse to issue a license or permit to any person who, after due notice and hearing by the Board, is found to have lost his residence in the Virgin Islands or is found guilty of- (1) the practice of any fraud or deceit in obtaining or attempting to obtain a license or permit, (2) any gross negligence, incompetence, or misconduct in the apprenticeship or practice of barbering, cosmetology, esthetics, or natural hair care, or manicuring, or in the operation of a barbershop or a beauty shop, (3) any felony or any crime involving moral turpitude, or (4) wilful or repeated violation of any of the provisions of this chapter. (b) The Board may, upon its own motion or upon verified complaint in writing by any person, consider any charges under subsection (a) of this section against any licensee or permittee. All charges shall be heard by the Board within thirty (30) days from the date on which they have been preferred, unless for good cause the Board extends the time for such hearing for not more than an additional thirty (30) days. The time and place for the hearing shall be established by the Board, and a copy of the charges together with notice of the time and place of the hearing shall be personally served on or mailed to the last known address of such licensee or permittee at least twenty (20) days before the date established. At the hearing the licensee or permittee and any interested party may appeal personally or by counsel and may cross-examine adverse witnesses and produce evidence and witnesses in his own behalf. (c) Any person aggrieved by an action of the Board in revoking, suspending, or refusing to issue his license or permit may appeal such action to any court of competent jurisdiction in the Virgin Islands within thirty (30) days after the date of such action. No such appeal may stay the action complained of unless specifically ordered by the court. (d) Upon appeal every finding, decision, and determination by the Board as to questions of fact shall be deemed final in the absence of conclusive showing to the court of fraud or that it was arbitrary. History: Added June 28, 1968, No. 2259, § 2, Sess. L. 1968, Pt. II, p. 106; amended July 18, 1968, No. 2314, § 1B, Sess. L. 1968, Pt. II, p. 288; amended Dec. 6, 2021, No. 8513, § 1(l)(1)-(5), Sess. L. 2021, p. 220.

(a) Any person who practices, or acts as an apprentice, in barbering, cosmetology, esthetics, or natural hair care, or manicuring, or who operates a barbershop or beauty shop in the Virgin Islands without a valid license or permit or who violates any other provisions of this chapter shall be guilty of a misdemeanor and shall be fined in a sum not to exceed five hundred dollars ($500), to which may be added imprisonment for any determined period not to exceed ninety days. Each violation shall constitute a separate offense. (b) In addition to taking any action permitted under § 459, the Board may, upon notice and opportunity to be heard, assess a civil penalty of not more than $1,000 for first, second and third violations of this chapter or for any violation of any regulation promulgated by the Board. The Board must remit the proceeds collected for civil penalties to the Virgin Islands Department of Finance, who must deposit the proceeds into the Consumer Protection Fund established under 33 V.I.C. § 3062. (c) Before imposing, assessing, or fixing the amount of a civil penalty, the Board shall take into consideration the following factors: (1) The nature, gravity, and persistency of the particular violation; (2) The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment; (3) Whether the violation was willful and malicious; and (4) Any other factors that mitigate or aggravate the violation. (d) The Board may refer a violation to the Attorney General of the Virgin Islands for criminal prosecution as provided under subsection (a). (e) For any hearing held pursuant to this chapter, the Board may charge costs, including reasonable attorneys' fees, to a licensee or on any person whom the Board determines has engaged in the practice of barbering, cosmetology, esthetics, nail technology, or natural hair styling without being properly licensed to do so. History: Added June 28, 1968, No. 2259, § 2, Sess. L. 1968, Pt. II, p. 106; amended July 18, 1968, No. 2314, § 1B, Sess. L. 1968, Pt. II, p. 288; amended Dec. 6, 2021, No. 8513, § 1(m)(1), (2), Sess. L. 2021, p. 220.

Whenever used in this chapter, unless the context otherwise requires: 1. "Locksmith" means a person dealing in the mechanical actions, and the current operation of all locks, keys or keyless, or similar devices, and whose trade or occupation is duplicating keys, repairing, servicing, installing, inspecting, opening and closing such locks by mechanical means, other than with the regular key made for the purpose, without altering, marring or destroying the original condition or effectiveness of such locks or similar devices in any shape or manner, or maker or manufacturer of locks, pressure keys, skeleton keys, pass keys, jigs, or any other mechanical device to aid a locksmith in the plying of his trade. 2. "Keymaker" means a person other than a locksmith, who shall duplicate keys only. History: Added June 10, 1975, No. 3699, § 1, Sess. L. 1975, p. 33.

It shall be unlawful for any person to carry on the business, trade, or occupation of a locksmith, or a keymaker, or for any person to perform the duties of a locksmith or a keymaker, without a license therefor. History: Added June 10, 1975, No. 3699, § 1, Sess. L. 1975, p. 34.

(a) The fee for a locksmith's license shall be $70.00, and for a keymaker's license, $50.00. (b) Licenses for locksmiths and keymakers shall expire on the 31st day of December next succeeding the date of issuance. History: Added June 10, 1975, No. 3699, § 1, Sess. L. 1975, p. 34; amended Nov. 7, 1983, No. 4877, § 310(c)(15), Sess. L. 1983, p. 240.

(a) It shall be unlawful for any person other than a licensed locksmith or the owner or tenant of the premises to open any lock for which a key or combination may have been lost; or to make repairs to, or change in, the mechanical adjustment or combination of any lock; or to make any original key or any other device or contraption to open a lock. (b) Licensed keymakers shall be authorized to make duplicate keys only, and shall perform none of the other duties reserved for licensed locksmiths in subsection (a) of this section. (c) Every licensed locksmith and keymaker shall keep a book in which the following information shall be entered: (1) the name and address of every person ordering master keys, ordering keys by number, or ordering the opening of a locked item. (2) the date and time such work was done. Such book shall be open at all reasonable times for inspection by the Commissioner of Public Safety or his authorized designee. History: Added June 10, 1975, No. 3699, § 1, Sess. L. 1975, p. 34; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Each manufacturer or jobber of devices aiding locksmiths in their trade shall file a list of his equipment with the U.S. Virgin Islands Police Department (V.I.P.D.), enumerating in such list all master key blanks, code books, machinery, skeleton keys that open and operate more than one lock and known to the trade as pressure keys, key sets for automobiles, vibrating lockpickers, and all similar equipment to any person other than a licensed locksmith. History: Added June 10, 1975, No. 3699, § 1, Sess. L. 1975, p. 34; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

All keys made by a licensed locksmith or keymaker shall be stamped with the license number issued to him by the Police Commissioner. All master keys in addition, shall bear the word "master" and duplicates shall be made only upon the signed order of the owner of the locks which such keys are designed to operate or his authorized agent. Master keys shall be made only by a licensed locksmith. History: Added June 10, 1975, No. 3699, § 1, Sess. L. 1975, p. 35; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Every licensed locksmith or keymaker shall display the license issued thereunder in a conspicuous place where it can be readily seen by anyone entering the premises where the business is conducted. Where the licensed locksmith or keymaker is not in business for himself, but is employed by another, it shall be incumbent upon the licensee and his employer to display the license hereunder in a conspicuous place where it can be readily seen by anyone entering the premises wherein the business is conducted. History: Added June 10, 1975, No. 3699, § 1, Sess. L. 1975, p. 35.

Any person guilty of violating any of the provisions of this chapter upon conviction thereof, shall be punished by a fine of not more than $500 or by imprisonment for not more than three months or both, and shall, in addition, if licensed as a locksmith or keymaker, suffer a suspension or revocation of his license. History: Added June 10, 1975, No. 3699, § 1, Sess. L. 1975, p. 35.

(a) The Police Commissioner shall require any applicant for a locksmith's license to furnish documentary proof that he is a qualified locksmith, and if such evidence is not satisfactory to the Commissioner, he may require the applicant to submit to an examination by at least two licensed locksmiths to be named by the Commissioner, and such licensed locksmiths, after examining the applicant shall certify in writing to the Commissioner whether or not the applicant in their opinion is sufficiently qualified to be licensed as a locksmith. (b) Once licensed under the provisions of this chapter, the license shall be renewed annually without examination upon payment of the prescribed fees. History: Added June 10, 1975, No. 3699, § 1, Sess. L. 1975, p. 35; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) Virgin Islands' Government employees who are assigned to locksmith work, wholly within their respective departments or agencies, shall be exempt from payment of a license fee provided by section 503 of this chapter. (b) Those persons employed by a duly licensed locksmith as an apprentice or trainee. History: Added June 10, 1975, No. 3699, § 1, Sess. L. 1975, p. 36.

An applicant for a keymaker or locksmith license shall be 18 years of age or older, a resident of the Virgin Islands and of good moral character. History: Added June 10, 1975, No. 3699, § 1, Sess. L. 1975, p. 36.

As used in this chapter: (a) "Board" means the Virgin Islands Board of Social Work Licensure. (b) "Practice of social work" means applying the formal knowledge base, theoretical concepts, specific functional skills, and essential social values that are used to effect change in human behavior, emotional responses, and social conditions, and it also entails helping individuals, couples, families, groups, and community organizations enhance or restore their capacities for personal and social functioning while preventing and controlling social problems. Social work practice is the professional application of social work values, principles, ethics, and techniques in the following areas: (1) information, resource identification, referral services, mediation services, advocacy services, and education of individuals, groups, couples, and families; (2) preparation and evaluation of assessments and development and implementation of social work service plans; (3) case management, coordination, casework intervention, and monitoring of social work service plans in the areas of personal, social, or economic resources, conditions, or problems; (4) administration and development of social service programs, policies, community organization, planning, implementation, and involvement in the evaluation of social systems and social policies; (5) social work consultation and resource development; (6) research through the formal design and methodology of data collection and the analysis and evaluation of data, social work programs, social systems, and social policies; (7) psychosocial assessment, diagnostic impressions, treatment of individuals, couples, families, and groups, prevention of psychosocial dysfunction, disability, or impairment, including emotional, mental, and behavioral disorders, and evaluation of practice effectiveness; and (8) clinical diagnosis or psychotherapy, or both, provided by a licensed clinical social worker. History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 104; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

(a) Unless otherwise exempted, no person may engage in the practice of social work unless the person is licensed under this chapter as a social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker. (b) The scope of the practice of social work is limited as follows: (1) A "social work associate" or "SWA" may perform duties set forth in paragraphs (1) to (3) of section 531(b) as an employee of a governmental agency, a health facility, an educational institution or other entity approved by the Board providing social services under the supervision of an individual who is licensed as a licensed master social worker or licensed clinical social worker. (2) A "licensed social worker" or "LSW" may perform duties set forth in paragraphs (1) to (4) of section 531(b) as an employee of a governmental agency, a health facility, an educational institution or other entity approved by the Board providing social services under the supervision of an individual who is licensed as a licensed master social worker or licensed clinical social worker or, as applicable, a person who retains the license of certified independent social worker in accordance with § 536(b). (3) A "licensed master social worker" or "LMSW" may perform duties set forth in paragraphs (1) to (7) of section 531(b). A licensed master social worker may not engage in clinical social work, except for the purpose of obtaining experience required to be a licensed clinical social worker, or as applicable, a person who retains the license of certified independent social worker in accordance with § 536(b). (4) A "licensed clinical social worker" or "LCSW" may perform duties set forth in paragraphs (1) to (8) of section 531(b). (c) No social work associate may practice except under the supervision of a licensed master social worker or licensed clinical social worker or, as applicable, a person who retains the license of certified independent social worker in accordance with § 536(b). (d) No person may engage in the independent practice of social work unless licensed under this chapter as a licensed clinical social worker, or as applicable, a person who retains the license of certified independent social worker in accordance with § 536(b). (e) The practice of social work without a license is a misdemeanor punishable by a fine of not less than $100 but not more than $500. History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 104; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

(a) Every applicant for a license under this chapter shall submit to the Board, in the form prescribed by the Board, evidence satisfactory to the Board that the applicant is of good moral character and meets the education, experience and training requirements. (b) In addition to the requirements in subsection (a), the Board shall issue a license as a "social work associate" to an applicant who: (1) has a baccalaureate degree in a non-social work field from a college or university approved by the Board; and (2) has passed the examination designated by the Board. (c) In addition to the requirements in subsection (a), the Board shall issue a license as a "social worker" to an applicant who: (1) has a baccalaureate degree in social work from a college or university approved by the Board or has a baccalaureate degree in a non-social work field or discipline, and not less than two years' post- baccalaureate degree experience in a social work capacity; and (2) has passed the examination designated by the Board. (d) In addition to the requirements in subsection (a), the Board shall issue a license as a "licensed master social worker" to an applicant who: (1) has a doctorate or master's degree in social work from a college or university approved by the Board; and (2) has passed the examination designated by the Board. (e) In addition to the requirements in subsection (a), the Board shall issue a license as a "licensed clinical social worker" to an applicant who: (1) has a doctorate or master's degree in social work from a college or university approved by the Board or other individual approved by the Board; and (2) has had not less than two years of post-doctorate or post-master experience in the practice of social work under the direct clinical supervision of a licensed clinical social worker; and (3) has passed the examination designated by the Board. History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 105; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

(a) The Board may issue a license without examination to an applicant who has satisfied to the Board that the applicant has passed an examination and is or has been licensed or registered under the laws of another state, territory, or political subdivision of the United States, whose standards, in the opinion of the Board, are the substantial equivalent of the requirements of section 533, and whose license has not been suspended or revoked by the licensing jurisdiction. (b) An applicant for licensure under this section is only eligible for licensure at the equivalent designation recognized in the jurisdiction in which the applicant for a license by endorsement is currently licensed. History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 105; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

(a) Except as otherwise provided in this chapter, it is unlawful for an individual to engage, or otherwise attempt to engage, in the practice of social work unless licensed as a social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker under the applicable provisions of this chapter. No persons licensed under this chapter may engage in the practice of social work beyond the scope of their license. (b) No person may purport to be a social worker or qualified to engage in the practice of social work, by using the titles "social work associate", "licensed social worker", "licensed master social worker" or "licensed clinical social worker", or use the letters "SW", "SWA", "LSW", "LMSW", or "LCSW" or use any or symbols indicating or tending to indicate that the person is a social worker, social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker, or engage in the practice of social work as defined in this chapter or hold themselves out to the public by title or description of service as being engaged in the practice of social work without meeting the applicable requirements and holding a license as set forth in this chapter. (c) The Board shall reissue the appropriate redesignated license to a person licensed before the passage of this chapter as a "social worker", "certified social worker" or "certified independent social worker". Notwithstanding the foregoing, a license issued to "social worker", "certified social worker" or "certified independent social worker" continues to be valid for the duration of the license or until the Board issues an appropriate redesignated license. A person licensed by the Board as a "social worker", "certified social worker", or "certified independent social worker" may continue to use the prior designated licensure titles for a period of two years or as otherwise provided by the Board. Except as specifically provided otherwise, licensure titles are redesignated as follows: (1) a "social worker" is redesignated as a "licensed social worker"; (2) a "certified social worker" is redesignated as a "licensed master social worker"; and (3) a "licensed independent social worker" is redesignated as a "licensed clinical social worker". (d) A person who, after a hearing, the Board finds to have unlawfully engaged, or attempted to engage, in the practice of social work, or a person who knowingly assisted a person to unlawfully engage in the practice of social work, is subject to a fine of not less than $100, but not more than $1,000 for each offense. Violations of this section are also subject to the penalties outlined in § 532(e), or other penalties permitted under this chapter, including § 539(b). History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 106; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -; amended Nov. 10, 2025, No. 9052, § 7, Sess. L. 2025, p. -.

(a) Licensure under this chapter is not required of: (1) a person licensed in the Virgin Islands doing work within the scope of practice or duties of the person's profession and ethics of their respective professions that overlaps with the practice of social work; provided the person does not hold themselves out to the public by title or description of service as being engaged in the practice of social work; (2) a student enrolled in an accredited educational institution in a recognized program of study leading toward attainment of a degree in social work; provided, that the student's activities and services are part of a prescribed course of study supervised by the educational institution and the student is identified by an appropriate title such as "social work student", "social work intern", or any other title which clearly indicates the student's training status; or (3) a person who is a duly recognized member of the clergy; provided, that the person functions only within the person's capacities as a member of the clergy; and provided further that the person does not purport to be a social worker. (b) Notwithstanding the provision of 535(c)(3), a person licensed under the laws of the Virgin Islands as a certified independent social worker who does not engage in clinical practice shall maintain the license designation of certified independent social worker. A certified independent social worker is subject to all the provisions of this chapter. (c) A person exempted under this section is not engaged in the unlawful practice of social work. History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 107; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

(a) No social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker shall disclose any information acquired from or provided by a client or from persons consulting with the social worker in a professional capacity except: (1) with the written consent of a client or persons consulting with the social worker in a professional capacity or their personal representative or, in the case of death or disability, the person's personal representative, or other person authorized to sue on his behalf; (2) that a social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker is not required to treat as confidential a communication that reveals the contemplation of a crime or of a harmful act; (3) when the person is a minor under the laws of the Virgin Islands and the information acquired by a licensed social work associate, social worker, licensed master social worker, or licensed clinical social worker indicates that the minor was the victim or subject of a crime, or when the social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker may be required to testify fully in any examination, trial, or other proceeding in which the commission of a crime is the subject of inquiry; (4) when the person waives the right of confidentiality by bringing charges against the social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker; or (5) pursuant to the order of a court of competent jurisdiction. (b) A person having access to records or anyone who participates in providing social work services, or who, in providing any human services, is supervised by a licensed master social worker, licensed clinical social worker or other individual who may be providing direct clinical supervision as required under § 533(2)(2) is similarly bound to regard all information and communications as privileged in accordance with this section. (c) Violation of this section is a misdemeanor punishable by a fine of not less than $100. History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 107; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

The following are misdemeanors punishable by a fine of not less than $500, but not more than $1,000: (1) obtaining or attempting to obtain a license, certificate, or renewal thereof by bribery or fraudulent representation; (2) knowingly making a false statement in connection with or on an application; or (3) knowingly making a false statement on a form or in relation to a regulation promulgated by the Board. History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 107; amended June 24, 1987, No. 5265, § 707(j), Sess. L. 1987, p. 81; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

(a) The Board may deny an application or, after a hearing, refuse to renew, suspend, revoke, censure, reprimand, restrict, or limit a license issued on proof that the person has engaged in unprofessional conduct within the five years preceding the filing of the complaint or the initiation of disciplinary action, including: (1) conviction of a felony; (2) conviction of a misdemeanor under this chapter; (3) conviction of fraud or deceit in connection with the practice of social work as defined in this chapter or in establishing qualifications under this chapter; (4) aiding or abetting a person not licensed under this chapter who is falsely representing themselves as a social worker licensed under this chapter; (5) failing to be relicensed and continuing to represent themselves as licensed after the expiration of their license; (6) committing an act of gross negligence or condoning the act by an employee or supervisee in the practice of social work; (7) addiction to habit-forming drugs, which impairs the ability to perform their work; or (8) has knowingly violated a regulation of the Board. (b) In addition to disciplinary powers provided in subsection (a), the Board may, after a hearing, levy and collect administrative fines for violations of this chapter or a regulation of the Board of not less than $100 but not more than $1,000, for each violation. Each violation of this chapter or regulations of the Board pertaining to unlawfully engaging in the practice of social work constitutes a misdemeanor punishable by a fine of not less than $100, but not more than $1,000. History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 108; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

(a) The Board shall conduct all hearings, which must be recorded by stenograph. Board decisions must be made by majority vote. The Board shall give not less than 20 days advance notice of a hearing, which notice must be served personally or by registered mail. (b) The respondent has the right to: (1) representation, either by counselor otherwise; (2) cross-examination of witnesses; (3) to call witnesses on the respondent's behalf; and (4) to subpoena witnesses and documents. (c) Judicial review of the refusal to allow an examination, to grant a license, or the review of a disciplinary hearing must be in accordance with Virgin Islands statutes regulating judicial review of administrative action. History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 108; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

(a) All licenses are effective when issued by the Board. (b) A license issued under this chapter is valid for two years from the date of issuance and expires on the last day of the month of February. (c) A license may be renewed by the payment of the renewal fee and by the completion and submission on a form provided by the Board of a sworn statement by the applicant that the license has been neither revoked nor is currently suspended. (d) Failure of a licensee to renew the license biennially and before expiration as established under subsection (b), deprives the licensee of the right to practice until reinstatement of the license. The license may be reinstated at any time during the first 24 months immediately following the date the license expired by payment of any penalty or reinstatement fees established by the Board, in addition to the established renewal fee. Failure of a licensee to be reinstated during the first 24 months immediately following the date the license expired requires the individual, before resuming practice in the Virgin Islands, to submit an application on the prescribed form, and to meet all other requirements for licensure. This subsection may not be construed to permit a person to engage in the practice of social work in the Virgin Islands without a valid and active license. (e) The Board shall adopt a program of continuing education to ensure that all licensees remain informed of those professional subjects that the Board considers appropriate to the practice of social work. The Board may by regulation describe the methods by which the requirements of the program must be satisfied. The licensee failure to meet the requirements of continuing education results in nonrenewal of a license. (f) A person licensed under this chapter who is not engaged in the practice of social work or who does not live in the Virgin Islands may request, in writing, that the Board place that person's license in inactive status. History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 109; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

The Board shall establish and published fees. The Board shall file an annual report of its activities with the Governor of the Virgin Islands and the report must include a statement of all receipts and disbursements. History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 109; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 110; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 110; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

History: Added July 11, 1983, No. 4843, Sess. L. 1983, p. 111; added July 9, 2025, No. 9002, § 1, Sess. L. 2025, p. -.

(a) There is established the Virgin Islands Board of Social Work Licensure within the Department of Licensing and Consumer Affairs. The Board consists of five members appointed by the Governor of the Virgin Islands with the advice and consent of the Legislature of the Virgin Islands. Not less than two members must be licensed master social workers or licensed clinical social workers, and two other members must be a licensed social worker, one member who may be an active or retired licensed social worker, a licensed master social worker, or licensed clinical social worker and one of the two must be a member of the public who has never been licensed under this chapter. At all times, there must be not less than two members who are residents of the district of St. Croix, and not less than two members who are residents of the district of St. Thomas and St. John, one of whom must reside on St. John. (b) The term of office of each member of the Board is three years; but of the members first appointed, two must be appointed for a term of two years, two must be appointed for a term of three years, and one must be appointed for a term of four years. Each member of the Board shall continue to serve until a successor is appointed by the Governor and confirmed by the Legislature. If the Board lacks a quorum, which consists of not less than three members, the Commissioner shall assume the administrative functions of the Board until a quorum is restored. However, the Commissioner has no voting power and is not an ex-officio member of the Board. (c) Members of the Board may be removed by the Governor for cause. (d) The organization, meetings, and management of the Board must be established in regulations promulgated by the Board. (e) The Board, its members, and its designated agents-including legal counsel, consultants, and employees authorized to act on behalf of the Board-are immune from personal liability for actions taken in good faith in the discharge of the Board's responsibilities. The Government of the Virgin Islands shall hold the Board, its members, and its designated agents harmless from all costs, damages, and attorneys' fees arising from claims and suits against them in the discharge of those responsibilities. History: Added July 9, 2025, No. 9003, § 1, Sess. L. 2025, p. -.

In addition to the duties set forth elsewhere in the chapter, the Board shall: (1) annually publish a list of the names and addresses of all persons who are licensed under this chapter; (2) promulgate regulations that set standards for professional practice, establish the procedure for the licensure, eligibility, continuing education, supervision and examination for social work associates, licensed social workers, licensed master's social workers, and licensed clinical social workers and that provides for administration of, and to carry out the purposes of this chapter; (3) recommend to the Governor and the Legislature modifications and amendments to this chapter; (4) recommend to the Virgin Islands Government, Division of Personnel, standards of professional practice for persons licensed under this chapter; (5) recommend prosecutions for violations of this chapter to the Attorney General of the Virgin Islands; (6) recommend to the Attorney General of the Virgin Islands the bringing of civil actions, to seek injunctions, or other relief for violations of this chapter; and (7) take the necessary action to enforce the provisions of this chapter and to regulate the practice of social work. History: Added July 9, 2025, No. 9003, § 1, Sess. L. 2025, p. -.

This chapter may be known and cited as "the Audiology and Speech-Language Pathology Interstate Compact." History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

This compact is the Virgin Islands enactment of the "Audiology and Speech-Language Pathology Interstate Compact," which is referred to in this chapter as "the compact." The form, format, and text of the compact have been changed minimally so as to conform to the Virgin Islands Code. The changes are technical in nature, and this chapter must be interpreted as substantively the same as the compact that is enacted by other compact states. History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

(a) The purpose of this Compact is to facilitate interstate practice of audiology and speech language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student's encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. (b) This Compact is designed to achieve the following objectives: (1) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses; (2) Enhance the states' ability to protect the public's health and safety; (3) Encourage the cooperation of member states in regulating multistate audiology and speech language pathology practice; (4) Support spouses of relocating active duty military personnel; (5) Enhance the exchange of licensure, investigative and disciplinary information between member states; (6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and (7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech- language pathology services. History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

As used in this Compact: (a) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active-duty orders pursuant to 10 U.S.C., Chapter 1209 and 1211. (b) "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice. (c) "Alternative program" means a non-disciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners. (d) "Audiologist" means an individual who is licensed by a state to practice audiology. (e) "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules. (f) "Audiology and Speech-Language Pathology Compact Commission" or "Commission" means the national administrative body whose membership consists of all states that have enacted the Compact. (g) "Audiology and speech-language pathology licensing board," "audiology licensing board," "speech- language pathology licensing board," or "licensing board" means the agency of a state that is responsible for the licensing and regulation of audiologists and/or speech-language pathologists. (h) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient, client, or student is located at the time of the patient/client/student encounter. (i) "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech- language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction. (j) "Data system" means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege and adverse action. (k) "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank. (l) "Executive Committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by the Commission. (m) "Home state" means the member state that is the licensee's primary state of residence. (n) "Impaired practitioner" means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions. (o) "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist. (p) "Member state" means a state that has enacted the Compact. (q) "Privilege to practice" means a legal authorization permitting the practice of audiology or speech- language pathology in a remote state. (r) "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege. (s) "Rule" means a regulation, principle or directive promulgated by the Commission that has the force of law. (t) "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state. (u) "Speech-language pathologist" means an individual who is licensed by a state to practice speech- language pathology. (v) "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules. (w) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology. (x) "State practice laws" means a member state's laws, rules and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline. (y) "Telehealth" means the application of telecommunication technology to deliver audiology or speech- language pathology services at a distance for assessment, intervention and/or consultation. History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

(a) A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state must be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state. (b) A state shall implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures must include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records: (1) A member state shall fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions. (2) Communication between a member state, the Commission and among member states regarding the verification of eligibility for licensure through the Compact may not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544. (c) Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, whether any adverse action has been taken against any license or privilege to practice held by the applicant. (d) Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as, all other applicable state laws. (e) For an audiologist: (1) Must meet one of the following educational requirements: (A) On or before Dec. 31, 2007, has graduated with a master's degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or (B) On or after Jan. 1, 2008, has graduated with a Doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or (C) Has graduated from an audiology program that is housed in an institution of higher education outside of the United States for which the program and institution have been approved by the authorized accrediting body in the applicable country and the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board- approved program. (2) Has completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the Commission; (3) Has successfully passed a national examination approved by the Commission; (4) Holds an active, unencumbered license; (5) Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law. (6) Has a valid United States Social Security or National Practitioner Identification number. (f) For a speech-language pathologist: (1) Must meet one of the following educational requirements: (A) Has graduated with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or (B) Has graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States for which the program and institution have been approved by the authorized accrediting body in the applicable country and the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program. (2) Has completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the Commission; (3) Has completed a supervised postgraduate professional experience as required by the Commission; (4) Has successfully passed a national examination approved by the Commission; (5) Holds an active, unencumbered license; (6) Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; (7) Has a valid United States social security or national practitioner identification number. (g) The privilege to practice is derived from the home state license. (h) An audiologist or speech-language pathologist practicing in a member state shall comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology must include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech language pathology in a member state under a privilege to practice must subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts and the laws of the member state in which the client is located at the time service is provided. (i) Individuals not residing in a member state shall continue to be able to apply for a member state's single- state license as provided under the laws of each member state. However, the single-state license granted to these individuals may not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this Compact affects the requirements established by a member state for the issuance of a single-state license. (j) Member states may charge a fee for granting a compact privilege. (k) Member states shall comply with the bylaws and rules and regulations of the Commission. History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

(a) To exercise the compact privilege under the terms and provisions of the Compact, the audiologist or speech-language pathologist shall: (1) Hold an active license in the home state; (2) Have no encumbrance on any state license; (3) Be eligible for a compact privilege in any member state in accordance with Section 615; (4) Have not had any adverse action against any license or compact privilege within the previous two years from date of application; (5) Notify the Commission that the licensee is seeking the compact privilege within a remote state or states; (6) Pay any applicable fees, including any state fee, for the compact privilege; (7) Report to the Commission adverse action taken by any non-member state not later than 30 days from the date the adverse action is taken. (b) For the purposes of the compact privilege, an audiologist or speech-language pathologist shall only hold one home state license at a time. (c) Except as provided in section 1108, if an audiologist or speech-language pathologist changes primary state of residence by moving between two-member states, the audiologist or speech-language pathologist shall apply for licensure in the new home state, and the license issued by the prior home state must be deactivated in accordance with applicable rules adopted by the Commission. (d) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence. (e) A license may not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state. (f) If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a non-member state, the license issued by the prior home state must be converted to a single-state license, valid only in the former home state. (g) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of section 1106(a) to maintain the compact privilege in the remote state. (h) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege must function within the laws and regulations of the remote state. (i) A licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens. (j) If a home state license is encumbered, the licensee loses the compact privilege in any remote state until the following occurs: (1) The home state license is no longer encumbered; and (2) Two years have elapsed from the date of the adverse action. (k) Once an encumbered license in the home state is restored to good standing, the licensee shall meet the requirements of section 1106(a) to obtain a compact privilege in any remote state. (l) Once the requirements of section 1106(j) have been met, the licensee must meet the requirements in section 1106(a) to obtain a compact privilege in a remote state. History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with section 1105 and under rules promulgated by the Commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission. History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

Active-duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. After designating a home state, the individual shall only change their home state through application for licensure in the new state History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

(a) In addition to the other powers conferred by state law, a remote state has the authority, in accordance with existing state due process law, to: (1) Take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state. (2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state are enforceable in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located. (3) Only the home state has the power to take adverse action against a audiologist's or speech- language pathologist's license issued by the home state. (b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. (c) The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions. (d) If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist. (e) The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows the member state's own procedures for taking the adverse action. (f) In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact. (g) If adverse action is taken by the home state against an audiologist's or speech language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states must be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or speech language pathologist's license must include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order. (h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states. (i) Nothing in this Compact overrides a member state's decision that participation in an alternative program may be used in lieu of adverse action. History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

Compact Commission (a) The Compact member states hereby create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission: (1) The Commission is an instrumentality of the Compact states. (2) Venue is proper and judicial proceedings by or against the Commission must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity. (b) (1) Each member state has two delegates selected by that member state's licensing board. The delegates must be current members of the licensing board. One must be an audiologist and one must be a speech-language pathologist. (2) An additional five delegates, who are either a public member or board administrator from a state licensing board, must be chosen by the Executive Committee from a pool of nominees provided by the Commission at Large. (3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. (4) The member state board shall fill any vacancy occurring on the Commission, within 90 days. (5) Each delegate is entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. (6) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. (7) The Commission shall meet at least once during each calendar year. Additional meetings must be held as set forth in the bylaws. (c) The Commission has the following powers and duties: (1) Establish the fiscal year of the Commission; (2) Establish bylaws; (3) Establish a Code of Ethics; (4) Maintain its financial records in accordance with the bylaws; (5) Meet and take actions as are consistent with the provisions of this Compact and the bylaws; (6) Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules has the force and effect of law and are binding in all member states; (7) Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law is not affected; (8) Purchase and maintain insurance and bonds; (9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state; (10) Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (11) Accept all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that, at all times, the Commission avoids any appearance of impropriety or conflict of interest; (12) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that, at all times, the Commission avoids any appearance of impropriety; (13) Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (14) Establish a budget and make expenditures; (15) Borrow money; (16) Appoint committees, including standing committees composed of members, and other interested persons as may be designated in this Compact and the bylaws; (17) Provide and receive information from, and cooperate with, law enforcement agencies; (18) Establish and elect an Executive Committee; and (19) Perform other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of audiology and speech language pathology licensure and practice. (d) The Executive Committee has the power to act on behalf of the Commission according to the terms of this Compact: (1) The Executive Committee is composed of 10 members: (A) Seven voting members who are elected by the Commission from the current membership of the Commission; (B) Two ex-officios, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech-language pathology association; and (C) One ex-officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards. (e) The ex-officio members are selected by their respective organizations. (1) The Commission may remove any member of the Executive Committee as provided in bylaws. (2) The Executive Committee shall meet at least annually. (3) The Executive Committee has the following duties and responsibilities: (A) Recommend to the entire Commission changes to the rules or bylaws, changes to this Act, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege; (B) Ensure Compact administration services are appropriately provided, contractual or otherwise; (C) Prepare and recommend the budget; (D) Maintain financial records on behalf of the Commission; (E) Monitor Compact compliance of member states and provide compliance reports to the Commission; (F) Establish additional committees as necessary; and (G) Other duties as provided in rules or bylaws. (4) All meetings are open to the public, and public notice of meetings must be given in the same manner as required under the rulemaking provisions in section 1112. (5) The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission discusses: (A) Non-compliance of a member state with its obligations under the Compact; (B) The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; (C) Current, threatened, or reasonably anticipated litigation; (D) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (E) Accusing any person of a crime or formally censuring any person; (F) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (G) Disclosure of information of a personal nature where disclosure constitutes a clearly unwarranted invasion of personal privacy; (H) Disclosure of investigative records compiled for law enforcement purposes; (I) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or (J) Matters specifically exempted from disclosure by federal or member state statute. (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel, or designee, shall certify that the meeting may be closed and shall reference each relevant exempting provision. (7) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action must be identified in minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction; (8) (A) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (B) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. (C) The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the Commission, which shall promulgate rules binding upon all member states. (9) The Commission may not incur obligations of any kind prior to securing the funds adequate to meet the same; nor may the Commission pledge the credit of any of the member states, except by and with the authority of the member state. (10) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the Commission. (f) (1) The members, officers, executive director, employees and representatives of the Commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities. Nothing in this paragraph may be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. (2) The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities. Nothing in this paragraph may be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (b) Notwithstanding any other law, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including: (1) Identifying information; (2) Licensure data; (3) Adverse actions against a license or compact privilege; (4) Non-confidential information related to alternative program participation; (5) Any denial of application for licensure, and the reasons for denial; and (6) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission. (c) Investigative information pertaining to a licensee in any member state is only available to other member states. (d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state must be available to any other member state. (e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. (f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system. History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted pursuant to this section. Rules and amendments become binding as of the date specified in each rule or amendment. (b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the rule, the rule has no further force and effect in any member state. (c) Rules or amendments to the rules must be adopted at a regular or special meeting of the Commission. (d) Prior to promulgation and adoption of a final rule or rules by the Commission, and not less than 30 days in advance of the meeting at which the rules will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking: (1) On the website of the Commission or other publicly accessible platform; and (2) On the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (e) The Notice of Proposed Rulemaking must include: (1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon; (2) The text of the proposed rule or amendment and the reason for the proposed rule; (3) A request for comments on the proposed rule from any interested person; and (4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments. (f) Prior to the adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which must be made available to the public. (g) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: (1) Not less than 25 persons; (2) A state or federal governmental subdivision or agency; or (3) An association having not less than 25 members. (h) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing. (1) All persons wishing to be heard at the hearing shall notify the executive director of the Commission, or other designated member, in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing. (2) Hearings must be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. (3) All hearings must be recorded. A copy of the recording must be made available on request. (4) Nothing in this section may be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section. (i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received. (j) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing. (k) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. (l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section are retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare; (2) Prevent a loss of Commission or member state funds; or (3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule. (m) The Commission, or an authorized committee of the Commission, may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the Commission. The revisions are subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be in writing and delivered to the chair of the Commission before the end of the notice period. If no challenge is made, the revision takes effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

(a) (1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states. (2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (b) (1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Act. (2) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing member must be awarded all costs of litigation, including reasonable attorney's fees. (3) The remedies herein are not the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law. History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

Audiology and Speech-Language Pathology Practice and Associated Rules, Withdrawal, and Amendment (a) The Compact comes into effect on the date on which the Compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, are limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact. (b) Any state that joins the Compact after the Commission's initial adoption of the rules are subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission has the full force and effect of law on the day the Compact becomes law in that state. (c) Any member state may withdraw from this Compact by enacting a statute repealing the same: (1) A member state's withdrawal does not take effect until six months after enactment of the repealing statute. (2) Withdrawal does not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act before the effective date of withdrawal. (d) Nothing contained in this Compact may be construed to invalidate or prevent any audiology or speech- language pathology licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact. (e) This Compact may be amended by the member states. No amendment to this Compact becomes effective and binding upon any member state until it is enacted into the laws of all member states. History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

This Compact must be liberally construed to effectuate the purposes of the Compact. The provisions of this Compact are severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability to any government, agency, person or circumstance is not affected that invalidity. If this Compact is held contrary to the constitution of any member state, the Compact remains effective as to the remaining member states and effective as to the member state affected as to all severable matters. History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.

(a) Nothing in this Compact prevents the enforcement of any other law of a member state that is not inconsistent with the Compact. (b) All laws in a member state in conflict with the Compact are superseded to the extent of the conflict. (c) All lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states. (d) All agreements between the Commission and the member states are binding in accordance with their terms. (e) If any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state. History: Added Dec. 31, 2024, No. 8958, § 1, Sess. L. 2024, p. -.