V.I. Code tit. 27, § 8 (2019)
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|§ 8. Disciplinary action against licensees

 (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, stipulation or agreement 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.