V.I. Code tit. 27, § 165k (2019)
2019 US Virgin Islands Code|Title 27 - Professions and Occupations|Chapter 1 - Medicine, Surgery, Dentistry, Pharmacy, Nursing and Nurse-Midwifery|Subchapter VIII - Physical Therapy|§ 165k. Discipline and enforcement

 (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.