(1) For purposes of this chapter and related chapters, unless the context otherwise indicates:(1) “9-8-8” means the universal telephone number for the national suicide prevention and mental health crisis hotline system within the United States operating through the National Suicide Prevention Lifeline, or its successor, and maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E-3 of the Public Health Service Act.(2) “9-8-8 Administrator” means the Administrator of the 9-8-8 national suicide prevention and mental health crisis hotline system maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E-3 of the Public Health Service Act.(3) “9-8-8 Crisis Hotline Center” or “Crisis center” means a territory-designated center participating in the National Suicide Prevention Lifeline Network to respond to territory-wide 9-8-8 contacts via modalities offered, including call, chat, or text.(4) “9-8-8 fee” means the surcharge assessed on commercial landline, mobile service, prepaid wireless voice service, and interconnected voice over internet protocol service lines established under in section 1020(c).(5) “9-8-8 Trust Fund” means the 9-8-8 suicide prevention and mental health crisis hotline system fund established in section 1020a.(6) “Act” means the Virgin Islands Behavioral Health Act.(7) “Alcohol use disorder” means a problematic pattern of alcohol use leading to clinically significant impairment or distress, as manifested by at least two of the 11 criteria, occurring within a 12-month period. Pursuant to the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), anyone meeting any two of the 11 criteria during the same 12-month period would receive a diagnosis of alcohol use disorder. The severity of alcohol use disorder—mild, moderate, or severe—is based on the number of criteria met:(A) Using alcohol in higher amounts or for a longer time than originally intended.(B) Being unable to cut down on alcohol use despite a desire to do so.(C) Spending a lot of time obtaining, using, and recovering from the effects of alcohol.(D) Cravings or a strong desire to use alcohol.(E) Being unable to fulfill major obligations at home, work, or school because of alcohol use.(F) Continuing to abuse alcohol despite negative interpersonal or social problems that are likely due to alcohol use.(G) Giving up previously enjoyed social, occupational, or recreational activities because of alcohol use.(H) Using alcohol in physically dangerous situations, such as driving or operating machinery.(I) Continuing to abuse alcohol despite the presence of a psychological or physical problem that is probably due to alcohol use.(J) Having a tolerance, i.e., needing to drink increasingly large or more frequent amounts of alcohol to achieve the desired effect.(K) Developing symptoms of withdrawal when efforts are made to stop using alcohol.(8) “Agency” means a governmental or non-governmental person, firm, association or corporation, and department.(9) “Approved private treatment facility” means a private agency meeting the standards prescribed in section 1002 and approved under section 1004, which can cover or provide services for behavioral health.(10) “Approved public treatment facility” means a treatment agency operating under the direction and control of the Department or providing treatment under this chapter through a contract with the Division under section 1015 and meeting the standards prescribed in section 1004 and approved under section 1019, which can cover or provide services for behavioral health disorders.(11) “Behavioral health” means the promotion of mental health, resilience, and well-being; the treatment of mental and substance use disorders; and the support of those who experience and/or are in recovery from these conditions, along with their families and communities. Behavioral health is the scientific study of the emotions, behaviors, and biology relating to a person’s mental well-being, their ability to function in everyday life and their concept of self. A person struggling with his or her behavioral health may face stress, depression, anxiety, relationship problems, grief, addiction, ADHD or learning disabilities, mood disorders, or other psychological concerns.(12) “Behavioral healthcare hospital or facility” means a public or private facility or a behavioral health center under the administration of the Department of Health, and specifically excluding those governed by the Virgin Islands Government Hospitals and Health Facilities Corporation, which is equipped to provide patient care and treatment for persons who suffer from behavioral health disorders.(13) “Behavioral health professional” means a licensed psychologist, psychiatrist, psychiatric nurse, behavioral health counselor, such as a Licensed Professional Counselor, Licensed Marriage & Family Therapist, Licensed Substance Abuse Counselor, or Licensed Certified Independent Social Worker, or in their absence, an emergency medical technician (EMT).(14) “Behavioral health services” means patient counseling, other psychological, psychiatric, diagnostic, or therapeutic services and other allied services.(15) “Bodily injury” includes but it is not limited to:(A) A physical injury which means the impairment of physical condition and includes, but is not limited to, any skin bruising, bleeding, malnutrition, burn, bone fracture, soft tissue swelling, subdural hematoma, injury to any internal organ, or any physical condition that threatens a person’s health or welfare; or(B) Serious emotional injury or serious mental injury which means that which creates a risk of death, or which causes serious or protracted impairment of mental or emotional health; or(C) Serious physical injury means that which creates a risk of death, or which causes serious or permanent disfigurement, or which causes serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb, or sexual abuse.(16) “Case management services” means those services that assist an individual in gaining access to and making effective use of the range of medical, psychological, and other related services available to them.(17) “Commissioner” means the Commissioner of the Virgin Islands Department of Health.(18) “Community support system” means the entire complex of behavioral health, rehabilitative, residential, and other support services in the community to ensure community integration and the maintenance of a decent quality of life for persons who suffer from behavioral health challenges or mental health disorders.(18a) “Crime or Offense” has the meaning set forth in 14 V.I.C. § 1.(19) “Crisis Intervention Team” (CIT) means a mobile crisis intervention and multidisciplinary behavioral health team as defined in the American Rescue Plan Act of 2021 (Section 1947(b)(2) of Public Law 117-2), that provides acute behavioral health, crisis outreach, and receiving and stabilization services by directly responding to the 9-8-8 national suicide prevention and behavioral health crisis hotline.(20) “Crisis receiving and stabilization services” means facilities providing short-term services under 24 hours with capacity for diagnosis, initial management, observation, crisis stabilization and follow up referral services to all persons in a home-like environment.(21) “Department” means the Virgin Islands Department of Health.(22) “Director” means the Director of the Division of Behavioral Health Services.(23) “Division” means the Division of Behavioral Health Services established under section 1016.(24) “Eligible individual” means any individual who is charged with an offense against the Government of the Virgin Islands, or who is recommended for participation in the program under section 1039 by the Director, the Attorney General or the United States Attorney.(25) “Federal Communications Commission” means the federal agency that regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia, and United States territories. An independent United States government agency overseen by Congress, the Commission is the federal agency responsible for implementing and enforcing America’s communications law and regulations.(26) “Felony” means any offense in violation of a law of the Virgin Islands classified as a felony under 14 V.I.C. § 2(b).(27) “Emergency service patrol” means a patrol established to transport a person during Emergency Commitment under section 1024a or under any of the conditions established by the Commissioner of Health.(28) “Forensic services” means evaluating an individual’s competency to stand trial and mental state at the time of the offense.(29) “Forensic unit” means a separate unit within a state facility for treatment of mental illness, reserved exclusively for individuals entering through the criminal justice system.(30) “Hearing” means any judicial procedure providing for determination of mental competency, commitment to a facility, discharge, or release from a facility.(31) “Hospital” means any hospital or other facilities of the Department of Health especially equipped for the accommodation of addicts, or any other appropriate public or private hospital or other facilities available to the Commissioner of Health for the care and treatment of addicts, including the Behavioral Health, Mental Health, and Substance Use Treatment Facility.(32) “Incapacitated by substance use” means a condition of intoxication caused by the use of alcohol in which the person is unconscious or unable to speak coherently or unable to control body movements in a coordinated and effective manner.(33) “Indigent” means an uninsured or underinsured person who is accepted for care with no obligation or a discounted obligation to pay for services rendered based on the eligibility system developed by the Department of Health; or a person whose medical bills after payment by third-party payers exceed a specified percent of the patient’s or person legally liable for the patient annual gross income, determined in accordance with the Department’s eligibility system.(34) “Person who is mentally incompetent” means a person who has been adjudged incompetent by the Superior Court of the Virgin Islands.(35) “Intoxicated” means substantially impaired mental or physical functioning impaired because of the use of a substance.(36) “Licensed medical practitioner” means a person licensed under the laws of Virgin Islands to practice medicine.(37) “Licensed clinical psychologist” means a person licensed under the laws of the Virgin Islands as a psychologist and who practices clinical psychology.(38) “Likelihood of harm” means—(A) A risk of physical harm to the person as manifested by recent threats of, or attempts at, suicide or serious self-inflicted harm.(B) A risk of physical harm to other persons as manifested by recent homicidal or violent behavior or by recent conduct placing others in reasonable fear of serious physical harm.(C) A reasonable certainty that the person will suffer severe physical or mental harm as manifested by recent behavior demonstrating an inability to avoid risk or to protect the person adequately from impairment or injury; or(D) If a person suffers from severe and persistent behavioral health challenges or mental health disorders, in view of the person’s treatment history, current behavior and inability to make an informed decision, a reasonable likelihood that the person’s behavioral health will deteriorate and that the person will in the foreseeable future pose a likelihood of serious harm as defined in subparagraphs (A), (B) or (C).(39) “Medical practitioner” or “practitioner” means a licensed medical practitioner, registered physician assistant, certified psychiatric clinical nurse specialist, certified nurse practitioner or licensed clinical psychologist, licensed professional counselor, licensed marriage and family therapist, licensed substance abuse counselor, licensed certified independent social worker.(40) “National Suicide Prevention Lifeline” means a national network of local crisis centers providing free and confidential emotional support to people in suicidal crisis or emotional distress 24 hours a day, 7 days a week.(41) “Network” means organizations providing behavioral health services which were awarded governmental funds or Medicaid.(42) “Patient” means a person under observation, care or treatment in a psychiatric facility or residential care facility pursuant to this chapter, a person receiving services from an assertive community treatment team, a person receiving intensive behavioral health management services from the Department, or a person being evaluated for emergency admission in a hospital; or a person to whom a petition has been filed.(43) “Peers” means individuals employed based on their personal lived experience of a mental health condition or substance use disorder and recovery who have successfully completed a state or nationally recognized peer support training program.(44) “Persons who suffer from behavioral health challenges or behavioral health disorders” means a person whose mental functions are impaired to interfere with the person’s capacity to meet the ordinary demands of life, the result of which is that the person’s thinking, mood, and behavior have become irrational or distorted from reality, whether the condition has been caused by organic brain tissue damage or by psychological causes. This includes those who are dually diagnosed.(45) “Person with a substance use disorder” means a person who habitually uses any narcotic drug or opiate as defined in section 593 of this title so as to endanger the public, morals, health, safety or welfare, or who has lost the power of self-control with reference to the person’s substance use.(46) “Private facility” means a facility privately funded and not under the supervision of the Virgin Islands Government which is equipped to provide inpatient or outpatient care and treatment for persons who suffer from behavioral health challenges, mental disorders, substance use disorders, and need behavioral health services.(47) “Psychiatric facility” a means public or private behavioral health facility or any section of any public hospital designated for behavioral health or psychiatric care.(48) “Public facility” means a facility funded by the Government of the Virgin Islands and under the supervision of the Government Virgin Islands which is equipped to provide inpatient care and treatment for persons who suffer from behavioral health challenges, mental health disorders, substance use disorders, and need developmental disability services.(49) “Reasonable cause” means that in the light of all the surrounding facts and circumstances which are known, or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation, or condition exists, is occurring or has occurred.(50) “Residential care facility” means a licensed or approved boarding care, nursing care or foster care facility that supplies supportive residential care to individuals due to their chronic behavioral health challenge or behavioral health disorder.(51) “Severe persistent mental illness” means a diagnosis of one or more qualifying mental health disorders or illnesses plus a listed disability or functional impairment that has persisted continuously or intermittently or is expected to persist for at least one year because of that disease or disorder. The qualifying mental health disorders are schizophrenia, schizoaffective disorder or other psychotic disorder, major depressive disorder, bipolar disorder, or a combination of mental disorders sufficiently disabling to meet the criteria of functional disability. The listed disabilities or functional impairments, which must result from a diagnosed qualifying mental health disorder, include inability to adequately manage one’s own finances, inability to perform activities of daily living and inability to behave in ways that do not bring the attention of law enforcement for dangerous acts or for acts that manifest the person’s inability to protect the person from harm.(52) “A Minor in Crisis” means a person under the age of 18 who may be suffering from anxiety or fear because of the minor’s experience or perception or feels a threat to their self-esteem or who may be potentially at risk for a mental health disorder.(53) “A Student in Crisis” means a student who is displaying distress suffering from anxiety or fear due to a mental health episode.(54) “Substance Abuse and Mental Health Services Administration” (SAMHSA) means the agency within the U.S. Department of Health and Human Services that leads public health efforts to advance the behavioral health of the nation.(55) “Substance Use Disorder” means a disease that affects a person’s brain and behavior and leads to an inability to control the use of a legal or illegal drug or medication. The DSM 5 recognizes substance-related disorders resulting from the use of 10 separate classes of drugs; alcohol; caffeine; cannabis; hallucinogens; inhalants; opioids; sedatives; hypnotics or anxiolytics; stimulants (including amphetamine-type substances, cocaine, and other stimulants); tobacco; and other or unknown substances.(56) “Treatment” means the broad range of emergency, outpatient, intermediate and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological and social service care, vocational rehabilitation and career counseling, which may be extended to persons; confinement and treatment in a hospital or behavioral health facility of the Department of Health and under supervised aftercare in the community and includes, but it is not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict by correcting his antisocial tendencies and ending his dependence on addicting drugs or opioids and his susceptibility to addiction.(57) “Unwarranted hospitalization” means the hospitalization or commitment of a person in a hospital, treatment or behavioral health facility which results from another person’s willful misrepresentation of a material fact in an affidavit, certificate, declaration, application, petition or statement, or knowing falsification of testimony in an administrative hearing or judicial proceeding which leads to the hospitalization or commitment of that person in a hospital, treatment or behavioral facility.(58) “Veterans Crisis Line” means the crisis hotline for veterans maintained by the Secretary of Veterans Affairs under Title 38 United States Code, section 1720F(h).
(1) “9-8-8” means the universal telephone number for the national suicide prevention and mental health crisis hotline system within the United States operating through the National Suicide Prevention Lifeline, or its successor, and maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E-3 of the Public Health Service Act.
(2) “9-8-8 Administrator” means the Administrator of the 9-8-8 national suicide prevention and mental health crisis hotline system maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E-3 of the Public Health Service Act.
(3) “9-8-8 Crisis Hotline Center” or “Crisis center” means a territory-designated center participating in the National Suicide Prevention Lifeline Network to respond to territory-wide 9-8-8 contacts via modalities offered, including call, chat, or text.
(4) “9-8-8 fee” means the surcharge assessed on commercial landline, mobile service, prepaid wireless voice service, and interconnected voice over internet protocol service lines established under in section 1020(c).
(5) “9-8-8 Trust Fund” means the 9-8-8 suicide prevention and mental health crisis hotline system fund established in section 1020a.
(6) “Act” means the Virgin Islands Behavioral Health Act.
(7) “Alcohol use disorder” means a problematic pattern of alcohol use leading to clinically significant impairment or distress, as manifested by at least two of the 11 criteria, occurring within a 12-month period. Pursuant to the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), anyone meeting any two of the 11 criteria during the same 12-month period would receive a diagnosis of alcohol use disorder. The severity of alcohol use disorder—mild, moderate, or severe—is based on the number of criteria met:(A) Using alcohol in higher amounts or for a longer time than originally intended.(B) Being unable to cut down on alcohol use despite a desire to do so.(C) Spending a lot of time obtaining, using, and recovering from the effects of alcohol.(D) Cravings or a strong desire to use alcohol.(E) Being unable to fulfill major obligations at home, work, or school because of alcohol use.(F) Continuing to abuse alcohol despite negative interpersonal or social problems that are likely due to alcohol use.(G) Giving up previously enjoyed social, occupational, or recreational activities because of alcohol use.(H) Using alcohol in physically dangerous situations, such as driving or operating machinery.(I) Continuing to abuse alcohol despite the presence of a psychological or physical problem that is probably due to alcohol use.(J) Having a tolerance, i.e., needing to drink increasingly large or more frequent amounts of alcohol to achieve the desired effect.(K) Developing symptoms of withdrawal when efforts are made to stop using alcohol.
(A) Using alcohol in higher amounts or for a longer time than originally intended.
(B) Being unable to cut down on alcohol use despite a desire to do so.
(C) Spending a lot of time obtaining, using, and recovering from the effects of alcohol.
(D) Cravings or a strong desire to use alcohol.
(E) Being unable to fulfill major obligations at home, work, or school because of alcohol use.
(F) Continuing to abuse alcohol despite negative interpersonal or social problems that are likely due to alcohol use.
(G) Giving up previously enjoyed social, occupational, or recreational activities because of alcohol use.
(H) Using alcohol in physically dangerous situations, such as driving or operating machinery.
(I) Continuing to abuse alcohol despite the presence of a psychological or physical problem that is probably due to alcohol use.
(J) Having a tolerance, i.e., needing to drink increasingly large or more frequent amounts of alcohol to achieve the desired effect.
(K) Developing symptoms of withdrawal when efforts are made to stop using alcohol.
(8) “Agency” means a governmental or non-governmental person, firm, association or corporation, and department.
(9) “Approved private treatment facility” means a private agency meeting the standards prescribed in section 1002 and approved under section 1004, which can cover or provide services for behavioral health.
(10) “Approved public treatment facility” means a treatment agency operating under the direction and control of the Department or providing treatment under this chapter through a contract with the Division under section 1015 and meeting the standards prescribed in section 1004 and approved under section 1019, which can cover or provide services for behavioral health disorders.
(11) “Behavioral health” means the promotion of mental health, resilience, and well-being; the treatment of mental and substance use disorders; and the support of those who experience and/or are in recovery from these conditions, along with their families and communities. Behavioral health is the scientific study of the emotions, behaviors, and biology relating to a person’s mental well-being, their ability to function in everyday life and their concept of self. A person struggling with his or her behavioral health may face stress, depression, anxiety, relationship problems, grief, addiction, ADHD or learning disabilities, mood disorders, or other psychological concerns.
(12) “Behavioral healthcare hospital or facility” means a public or private facility or a behavioral health center under the administration of the Department of Health, and specifically excluding those governed by the Virgin Islands Government Hospitals and Health Facilities Corporation, which is equipped to provide patient care and treatment for persons who suffer from behavioral health disorders.
(13) “Behavioral health professional” means a licensed psychologist, psychiatrist, psychiatric nurse, behavioral health counselor, such as a Licensed Professional Counselor, Licensed Marriage & Family Therapist, Licensed Substance Abuse Counselor, or Licensed Certified Independent Social Worker, or in their absence, an emergency medical technician (EMT).
(14) “Behavioral health services” means patient counseling, other psychological, psychiatric, diagnostic, or therapeutic services and other allied services.
(15) “Bodily injury” includes but it is not limited to:(A) A physical injury which means the impairment of physical condition and includes, but is not limited to, any skin bruising, bleeding, malnutrition, burn, bone fracture, soft tissue swelling, subdural hematoma, injury to any internal organ, or any physical condition that threatens a person’s health or welfare; or(B) Serious emotional injury or serious mental injury which means that which creates a risk of death, or which causes serious or protracted impairment of mental or emotional health; or(C) Serious physical injury means that which creates a risk of death, or which causes serious or permanent disfigurement, or which causes serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb, or sexual abuse.
(A) A physical injury which means the impairment of physical condition and includes, but is not limited to, any skin bruising, bleeding, malnutrition, burn, bone fracture, soft tissue swelling, subdural hematoma, injury to any internal organ, or any physical condition that threatens a person’s health or welfare; or
(B) Serious emotional injury or serious mental injury which means that which creates a risk of death, or which causes serious or protracted impairment of mental or emotional health; or
(C) Serious physical injury means that which creates a risk of death, or which causes serious or permanent disfigurement, or which causes serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb, or sexual abuse.
(16) “Case management services” means those services that assist an individual in gaining access to and making effective use of the range of medical, psychological, and other related services available to them.
(17) “Commissioner” means the Commissioner of the Virgin Islands Department of Health.
(18) “Community support system” means the entire complex of behavioral health, rehabilitative, residential, and other support services in the community to ensure community integration and the maintenance of a decent quality of life for persons who suffer from behavioral health challenges or mental health disorders.
(18a) “Crime or Offense” has the meaning set forth in 14 V.I.C. § 1.
(19) “Crisis Intervention Team” (CIT) means a mobile crisis intervention and multidisciplinary behavioral health team as defined in the American Rescue Plan Act of 2021 (Section 1947(b)(2) of Public Law 117-2), that provides acute behavioral health, crisis outreach, and receiving and stabilization services by directly responding to the 9-8-8 national suicide prevention and behavioral health crisis hotline.
(20) “Crisis receiving and stabilization services” means facilities providing short-term services under 24 hours with capacity for diagnosis, initial management, observation, crisis stabilization and follow up referral services to all persons in a home-like environment.
(21) “Department” means the Virgin Islands Department of Health.
(22) “Director” means the Director of the Division of Behavioral Health Services.
(23) “Division” means the Division of Behavioral Health Services established under section 1016.
(24) “Eligible individual” means any individual who is charged with an offense against the Government of the Virgin Islands, or who is recommended for participation in the program under section 1039 by the Director, the Attorney General or the United States Attorney.
(25) “Federal Communications Commission” means the federal agency that regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia, and United States territories. An independent United States government agency overseen by Congress, the Commission is the federal agency responsible for implementing and enforcing America’s communications law and regulations.
(26) “Felony” means any offense in violation of a law of the Virgin Islands classified as a felony under 14 V.I.C. § 2(b).
(27) “Emergency service patrol” means a patrol established to transport a person during Emergency Commitment under section 1024a or under any of the conditions established by the Commissioner of Health.
(28) “Forensic services” means evaluating an individual’s competency to stand trial and mental state at the time of the offense.
(29) “Forensic unit” means a separate unit within a state facility for treatment of mental illness, reserved exclusively for individuals entering through the criminal justice system.
(30) “Hearing” means any judicial procedure providing for determination of mental competency, commitment to a facility, discharge, or release from a facility.
(31) “Hospital” means any hospital or other facilities of the Department of Health especially equipped for the accommodation of addicts, or any other appropriate public or private hospital or other facilities available to the Commissioner of Health for the care and treatment of addicts, including the Behavioral Health, Mental Health, and Substance Use Treatment Facility.
(32) “Incapacitated by substance use” means a condition of intoxication caused by the use of alcohol in which the person is unconscious or unable to speak coherently or unable to control body movements in a coordinated and effective manner.
(33) “Indigent” means an uninsured or underinsured person who is accepted for care with no obligation or a discounted obligation to pay for services rendered based on the eligibility system developed by the Department of Health; or a person whose medical bills after payment by third-party payers exceed a specified percent of the patient’s or person legally liable for the patient annual gross income, determined in accordance with the Department’s eligibility system.
(34) “Person who is mentally incompetent” means a person who has been adjudged incompetent by the Superior Court of the Virgin Islands.
(35) “Intoxicated” means substantially impaired mental or physical functioning impaired because of the use of a substance.
(36) “Licensed medical practitioner” means a person licensed under the laws of Virgin Islands to practice medicine.
(37) “Licensed clinical psychologist” means a person licensed under the laws of the Virgin Islands as a psychologist and who practices clinical psychology.
(38) “Likelihood of harm” means—(A) A risk of physical harm to the person as manifested by recent threats of, or attempts at, suicide or serious self-inflicted harm.(B) A risk of physical harm to other persons as manifested by recent homicidal or violent behavior or by recent conduct placing others in reasonable fear of serious physical harm.(C) A reasonable certainty that the person will suffer severe physical or mental harm as manifested by recent behavior demonstrating an inability to avoid risk or to protect the person adequately from impairment or injury; or(D) If a person suffers from severe and persistent behavioral health challenges or mental health disorders, in view of the person’s treatment history, current behavior and inability to make an informed decision, a reasonable likelihood that the person’s behavioral health will deteriorate and that the person will in the foreseeable future pose a likelihood of serious harm as defined in subparagraphs (A), (B) or (C).
(A) A risk of physical harm to the person as manifested by recent threats of, or attempts at, suicide or serious self-inflicted harm.
(B) A risk of physical harm to other persons as manifested by recent homicidal or violent behavior or by recent conduct placing others in reasonable fear of serious physical harm.
(C) A reasonable certainty that the person will suffer severe physical or mental harm as manifested by recent behavior demonstrating an inability to avoid risk or to protect the person adequately from impairment or injury; or
(D) If a person suffers from severe and persistent behavioral health challenges or mental health disorders, in view of the person’s treatment history, current behavior and inability to make an informed decision, a reasonable likelihood that the person’s behavioral health will deteriorate and that the person will in the foreseeable future pose a likelihood of serious harm as defined in subparagraphs (A), (B) or (C).
(39) “Medical practitioner” or “practitioner” means a licensed medical practitioner, registered physician assistant, certified psychiatric clinical nurse specialist, certified nurse practitioner or licensed clinical psychologist, licensed professional counselor, licensed marriage and family therapist, licensed substance abuse counselor, licensed certified independent social worker.
(40) “National Suicide Prevention Lifeline” means a national network of local crisis centers providing free and confidential emotional support to people in suicidal crisis or emotional distress 24 hours a day, 7 days a week.
(41) “Network” means organizations providing behavioral health services which were awarded governmental funds or Medicaid.
(42) “Patient” means a person under observation, care or treatment in a psychiatric facility or residential care facility pursuant to this chapter, a person receiving services from an assertive community treatment team, a person receiving intensive behavioral health management services from the Department, or a person being evaluated for emergency admission in a hospital; or a person to whom a petition has been filed.
(43) “Peers” means individuals employed based on their personal lived experience of a mental health condition or substance use disorder and recovery who have successfully completed a state or nationally recognized peer support training program.
(44) “Persons who suffer from behavioral health challenges or behavioral health disorders” means a person whose mental functions are impaired to interfere with the person’s capacity to meet the ordinary demands of life, the result of which is that the person’s thinking, mood, and behavior have become irrational or distorted from reality, whether the condition has been caused by organic brain tissue damage or by psychological causes. This includes those who are dually diagnosed.
(45) “Person with a substance use disorder” means a person who habitually uses any narcotic drug or opiate as defined in section 593 of this title so as to endanger the public, morals, health, safety or welfare, or who has lost the power of self-control with reference to the person’s substance use.
(46) “Private facility” means a facility privately funded and not under the supervision of the Virgin Islands Government which is equipped to provide inpatient or outpatient care and treatment for persons who suffer from behavioral health challenges, mental disorders, substance use disorders, and need behavioral health services.
(47) “Psychiatric facility” a means public or private behavioral health facility or any section of any public hospital designated for behavioral health or psychiatric care.
(48) “Public facility” means a facility funded by the Government of the Virgin Islands and under the supervision of the Government Virgin Islands which is equipped to provide inpatient care and treatment for persons who suffer from behavioral health challenges, mental health disorders, substance use disorders, and need developmental disability services.
(49) “Reasonable cause” means that in the light of all the surrounding facts and circumstances which are known, or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation, or condition exists, is occurring or has occurred.
(50) “Residential care facility” means a licensed or approved boarding care, nursing care or foster care facility that supplies supportive residential care to individuals due to their chronic behavioral health challenge or behavioral health disorder.
(51) “Severe persistent mental illness” means a diagnosis of one or more qualifying mental health disorders or illnesses plus a listed disability or functional impairment that has persisted continuously or intermittently or is expected to persist for at least one year because of that disease or disorder. The qualifying mental health disorders are schizophrenia, schizoaffective disorder or other psychotic disorder, major depressive disorder, bipolar disorder, or a combination of mental disorders sufficiently disabling to meet the criteria of functional disability. The listed disabilities or functional impairments, which must result from a diagnosed qualifying mental health disorder, include inability to adequately manage one’s own finances, inability to perform activities of daily living and inability to behave in ways that do not bring the attention of law enforcement for dangerous acts or for acts that manifest the person’s inability to protect the person from harm.
(52) “A Minor in Crisis” means a person under the age of 18 who may be suffering from anxiety or fear because of the minor’s experience or perception or feels a threat to their self-esteem or who may be potentially at risk for a mental health disorder.
(53) “A Student in Crisis” means a student who is displaying distress suffering from anxiety or fear due to a mental health episode.
(54) “Substance Abuse and Mental Health Services Administration” (SAMHSA) means the agency within the U.S. Department of Health and Human Services that leads public health efforts to advance the behavioral health of the nation.
(55) “Substance Use Disorder” means a disease that affects a person’s brain and behavior and leads to an inability to control the use of a legal or illegal drug or medication. The DSM 5 recognizes substance-related disorders resulting from the use of 10 separate classes of drugs; alcohol; caffeine; cannabis; hallucinogens; inhalants; opioids; sedatives; hypnotics or anxiolytics; stimulants (including amphetamine-type substances, cocaine, and other stimulants); tobacco; and other or unknown substances.
(56) “Treatment” means the broad range of emergency, outpatient, intermediate and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological and social service care, vocational rehabilitation and career counseling, which may be extended to persons; confinement and treatment in a hospital or behavioral health facility of the Department of Health and under supervised aftercare in the community and includes, but it is not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict by correcting his antisocial tendencies and ending his dependence on addicting drugs or opioids and his susceptibility to addiction.
(57) “Unwarranted hospitalization” means the hospitalization or commitment of a person in a hospital, treatment or behavioral health facility which results from another person’s willful misrepresentation of a material fact in an affidavit, certificate, declaration, application, petition or statement, or knowing falsification of testimony in an administrative hearing or judicial proceeding which leads to the hospitalization or commitment of that person in a hospital, treatment or behavioral facility.
(58) “Veterans Crisis Line” means the crisis hotline for veterans maintained by the Secretary of Veterans Affairs under Title 38 United States Code, section 1720F(h).