2019 US Virgin Islands Code
Title 27 - Professions and Occupations
Chapter 1 - Medicine, Surgery, Dentistry, Pharmacy, Nursing and Nurse-Midwifery
Subchapter I - Board of Medical Examiners
§ 3. The Virgin Islands Board of Medical Examiners
(a) Board created. There is hereby created The Virgin Islands Board of Medical Examiners (hereafter referred to as the Board) to 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 responsible, and take appropriate 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 the Medical Practice Act;
(14) Establish appropriate fees and charges to support active and effective 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 of the role and function 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.
