Compulsory reporting and investigation

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  • (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.


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