V.I. Code tit. 5, § 853 (2019)
2019 US Virgin Islands Code|Title 5 - Judicial Procedure|Subtitle 1 - Civil Procedure|Part V - Evidence|Chapter 67 - Admissibility of Evidence; Uniform Rules of Evidence|Subchapter V - Privileges|§ 853. Mental health provider, physician, and psychotherapist-patient privilege

 (a) Definitions. As used in this section: (1) A “patient” is a person who consults or is examined or interviewed by a physician or psychotherapist for treatment or diagnosis. (2) A “physician” is a person authorized and duly licensed to practice medicine in any state, nation, or U.S. Territory, or reasonably believed by the patient to be authorized and duly licensed. (3) A “mental health provider” is a licensed professional counselor of mental health or licensed associate counselor as authorized under the Virgin Islands Code or a licensed clinical social worker as authorized under the Virgin Islands Code. (4) A “psychotherapist” is (i) a person authorized and duly licensed to practice medicine in any state, nation, or U.S. Territory, or reasonably believed by the patient to be authorized and duly licensed, while engaged in the diagnosis or treatment of a mental or emotional condition, including alcohol or drug addiction, or, (ii) a person licensed or certified as a psychologist under the laws of any state, nation, or U.S., territory while similarly engaged. (5) A communication is “confidential” if not intended to be disclosed to third persons, except persons present to further the interest of the patient in the consultation, examination or interview, persons reasonably necessary for the transmission of the communication, or persons who are participating in the diagnosis and treatment under the direction of the mental health provider, physician or psychotherapist, including members of the patient's family. (b) General Rule of Privilege. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing his confidential communications made for the purpose of diagnosis or treatment of the patient's physical, mental or emotional condition, including alcohol or drug addiction, among the patient, the patient's mental health provider, physician or psychotherapist, and persons who are participating in the diagnosis or treatment under the direction of the mental health provider, physician or psychotherapist, including members of the patient's family. (c) Who May Claim the Privilege. The privilege may be claimed by the patient, the patient's guardian or conservator, or the personal representative of a deceased patient. The person who was the mental health provider, physician or psychotherapist at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the patient. (d) Exceptions. (1) Proceedings for Hospitalization. There is no privilege under this section for communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the mental health provider, physician or psychotherapist in the course of diagnosis or treatment has determined that the patient is in need of hospitalization. (2) Examination by Order of Court. There is no privilege under this section for communications made in the course of a court-ordered investigation or examination of the physical, mental or emotional condition of the patient, whether a party or a witness, with respect to the particular purpose for which the examination is ordered, unless the court orders otherwise. (3) Condition an Element of Claim or Defense. There is no privilege under this section for communications relevant to an issue of the physical, mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of the patient's claim or defense or, after the patient's death, in any proceeding in which any party relies upon the condition as an element of the party's claim or defense. (4) Commission of Crime or Fraud. There is no privilege under this section for communications if the services of the mental health provider, physician or psychotherapist were sought or obtained to enable or aid anyone to commit or plan to commit what the patient knew, or reasonably should have known, was a crime or fraud. (5) Danger to Self or Others. There is no privilege under this section for communications in which the patient has expressed intent to engage in conduct likely to result in imminent death or serious physical injury to the patient or another individual. (6) Breach of Duty. There is no privilege under this section for communications relevant to a breach of duty by the mental health provider, physician or psychotherapist. (7) Appointment of Guardian; Child Abuse Cases. There is no privilege under this section for communications relevant to a proceeding brought to appoint a guardian or in child abuse cases. (8) Statutory Law or Rule. There is no privilege for communications subject to disclosure pursuant to statutory law or rule.