Title 19 — Health
55 chapters · 745 sections in this title.
19 V.I.C. § 614 Proceedings to establish prior convictions
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(a) (1) No person who stands convicted of an offense under this chapter shall be sentenced to increased punishment by reason of one or more prior convictions, unless before trial, or before entry of a plea of guilty, the Attorney General or the United States Attorney files an inf…
19 V.I.C. § 614a Trafficking in certain controlled substances; mandatory sentences; suspension or reduction
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(a) Notwithstanding any other provision of law:(1) Any person who knowingly sells, manufactures, delivers, or brings into this Territory, or who is knowingly in actual or constructive possession of, in excess of 50 pounds of marijuana or synthetic marijuana is guilty of a felony …
19 V.I.C. § 614b Distribution of an imitation controlled substance to person under 18
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Any person who knowingly distributes an imitation controlled substance, as defined in section 593 of this chapter, to a person under 18 years of age or to a person who has been adjudged mentally incompetent is guilty of a misdemeanor and shall, if convicted, be subject to impriso…
19 V.I.C. § 615 Education and research programs of the Commissioner
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(a) The Commissioner is authorized to carry out educational and research programs directly related to enforcement of the laws under his jurisdiction concerning drugs or other substances which are or may be subject to control under this chapter. Such programs may include—(1) educa…
19 V.I.C. § 616 Cooperative arrangements
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(a) The Attorney General shall cooperate with Virgin Islands, State, and Federal agencies concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, he is authorized to—(1) arrange for the exchange of information between govern…
19 V.I.C. § 617 Administrative hearings
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(a) In carrying out his functions under this chapter, the Commissioner may hold hearings, sign and issue subpoenas, administer oaths, examine witnesses, and receive evidence at any place in the Virgin Islands. (b) Except as otherwise provided in this chapter, notice shall be give…
19 V.I.C. § 618 Subpoenas
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(a) In any investigation relating to his functions under this chapter with respect to controlled substances, the Commissioner may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, a…
19 V.I.C. § 619 Judicial review
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All final determinations, findings, and conclusions of the Commissioner under this chapter shall be final and conclusive decisions of the matters involved, except that any person aggrieved by a final decision of the Commissioner may obtain review of the decision in the District C…
19 V.I.C. § 620 Powers of enforcement personnel
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(1) Any officer or employee of the U.S. Virgin Islands Police Department (V.I.P.D.) or Departments of Justice or Health designated by the Attorney General may—(1) carry firearms;(2) execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas,…
19 V.I.C. § 621 Search warrants
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(a) A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time. (b) A…
19 V.I.C. § 622 Administrative inspections and warrants
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(a) As used in this section, the term “controlled premises” means—(1) places where original and other records or documents required under this title are kept or required to be kept, and(2) places, including factories, warehouses, or other establishments, and conveyances, where pe…
19 V.I.C. § 623 Forfeitures
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(a) The following shall be subject to forfeiture to the Government of the Virgin Islands and no property right shall exist in them:(1) All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this chapter.(2) All raw materials, p…
19 V.I.C. § 624 Injunctions
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(a) The District Court of the Virgin Islands shall have jurisdiction in proceedings in accordance with the Federal Rules of Civil Procedure to enjoin violations of this title. (b) In case of an alleged violation of an injunction or restraining order issued under this section, tri…
19 V.I.C. § 625 Enforcement proceedings
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Before any violation of this chapter is reported by the Commissioner to the United States Attorney or the Attorney General for institution of a criminal proceeding, the Commissioner may require that the person against whom such proceeding is contemplated be given appropriate noti…
19 V.I.C. § 626 Immunity and privilege
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(a) Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before a Court of the Virgin Islands, involving a violation of this chapter, and the person presiding over the proceeding communicates…
19 V.I.C. § 627 Burden of proof; liabilities
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(a) (1) It shall not be necessary for the Government of the Virgin Islands to negative any exemption or exception set forth in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter, and the burde…
19 V.I.C. § 628 Procedures
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(a) The Commissioner may delegate any of his functions under this chapter to any officer or employee of the Department of Health. (b) The Commissioner may promulgate and enforce any rules, regulations, and procedures which he may deem necessary and appropriate for the efficient e…
19 V.I.C. § 629 Payment of rewards
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The Attorney General is authorized to pay from funds appropriated for purposes of this section, any person for information concerning a violation of this chapter, such sum or sums of money as he may deem appropriate without reference to any monies or rewards to which such person …
19 V.I.C. § 630 Use, possession, sale, manufacture, distribution, delivery, purchase and advertisement of drug paraphernalia
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(a) It shall be unlawful for any person, firm or corporation to use, or possess with intent to use, drug paraphernalia for one or more purposes stated in section 593, paragraph (15) of this chapter. Violation of this subsection is a misdemeanor punishable by imprisonment of not m…
19 V.I.C. § 630a Sale and possession of hypodermic syringes and hypodermic needles; possession of certain other instruments
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(a) It shall be unlawful for any person to sell or furnish to any person or persons other than a duly licensed physician, dentist, veterinarian, undertaker, nurse, podiatrist, or a registered pharmacy or drug store, hospital, sanitarium, clinical laboratory or other medical insti…
19 V.I.C. § 631 Severability
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If a provision of this chapter is held invalid, all valid provisions that are severable shall remain in effect. If a provision of this chapter is held invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable…
19 V.I.C. § 635 Short title
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This subchapter may be cited as the “Virgin Islands Prescription Drug Monitoring Program Act”.
19 V.I.C. § 635a Definitions
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(a) As used in this subchapter:(a) “Certified law enforcement prescription drug diversion investigator” means a law enforcement officer assigned by a qualified law enforcement agency to investigate prescription drug diversion and who has completed a certification course in prescr…
19 V.I.C. § 635b Establishment of Program; requirements
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(a) The Department shall establish and administer the Virgin Islands Prescription Drug Monitoring Program. Under the Program, the Department shall:(1) establish, maintain, and administer an electronic prescription drug monitoring database system to collect and store controlled su…
19 V.I.C. § 635c Prescription Drug Monitoring Program Advisory Committee; Creation
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(a) There is established within the Office of the Commissioner of Health the Prescription Drug Monitoring Program Advisory Committee to consult with and advise the Department on matters related to the establishment, maintenance, operation, and evaluation of the Program. (b) The C…
19 V.I.C. § 635d Direct access to the PDMD
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(a) The following persons are provided direct access to information in the PDMD:(1) a prescriber or dispenser or a designee for the sole purpose of providing medical or pharmaceutical care to a specific patient. The delegating prescriber or dispenser may be held civilly liable an…
19 V.I.C. § 635e Access to PDMD information
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(a) The following persons or entities may not directly access the PDMD, but may request information in the PDMD from the Department:(1) a law enforcement officer pursuant to a criminal investigation but only after the law enforcement officer obtains a search warrant signed by a j…
19 V.I.C. § 635f Confidentiality
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(a) The PDMD and all information contained in the PDMD and any records maintained by the Department, or by an entity contracting with the Department, that is submitted to, maintained, or stored as a part of the PDMD is confidential and not subject to disclosure under the Virgin I…
19 V.I.C. § 635g Review of database information by the Department
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(a) The Department shall review the PDMD information monthly, including a review to identify information that appears to indicate whether a patient is obtaining prescriptions in a manner that may represent misuse or abuse of controlled substances, based on prescribing criteria de…
19 V.I.C. § 635h Unlawful acts and penalties
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(a) A dispenser who knowingly and intentionally fails to submit prescription monitoring information as required in section 635b, or knowingly and intentionally submits incorrect prescription information is guilty of a felony and, upon conviction, shall be sentenced to a term of i…
19 V.I.C. § 635i Information exchange with other prescription drug monitoring programs
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(a) The Department may provide prescription monitoring information to federal prescription drug monitoring programs or other states’ prescription drug monitoring programs, and the information may be used by those programs consistent with this subchapter, provided the program or s…
19 V.I.C. § 635j Authority to contract and seek funding
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(a) (1) The Department may contract to establish and administer the Program and may make application for, receive, and administer grant funding from public or private sources for this purpose.(2) A contractor shall comply with the provisions regarding confidentiality of prescript…
19 V.I.C. § 635k Annual report on performance measures
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The Department shall prepare and submit an annual report on performance measures of the Program to the Governor and the Chairperson of the Committee on Health, Hospitals and Human Services of the Legislature of the Virgin Islands by December 1st of each calendar year. Performance…
19 V.I.C. § 635l Regulations
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The Department shall promulgate regulations necessary to effectuate the purposes of this subchapter.
19 V.I.C. § 641 Title
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This subchapter shall be known and may be cited as the “Drug Dealer Liability Act.”
19 V.I.C. § 642 Purpose
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The purpose of this act is to provide a civil remedy for residents of the Virgin Islands who suffer damages as a result of illegal drug use. Parents, employers, insurers, governmental entities, and others who pay for drug treatment or employee-assistance programs, as well as infa…
19 V.I.C. § 643 Findings
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(a) The Legislature finds and declares that:(a) Although the criminal justice system is an important weapon against the marketing and distribution of illegal drugs, the civil justice system can and must also be used. The civil justice system can provide an avenue of compensation …
19 V.I.C. § 644 Definitions
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(a) As used in this chapter:(a) “Marketing of illegal controlled substances” means the possession for sale, sale, or distribution of a specified illegal controlled substance.(b) “Individual user of an illegal controlled substance” means the individual whose use of a specified ill…
19 V.I.C. § 645 Liability for participation in marketing of illegal controlled substances
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(a) A person who knowingly participates in the marketing of illegal controlled substances in the Virgin Islands is liable for civil damages as provided in this subchapter. A person may recover damages under this subchapter for injury resulting from an individual's use of an illeg…
19 V.I.C. § 646 Recovery of damages by affected persons
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(a) Any one or more of the following persons may bring an action for damages caused by an individual's use of an illegal controlled substance:(1) A parent, legal guardian, child, spouse, or sibling of the individual controlled substance user.(2) An individual who was exposed to a…
19 V.I.C. § 647 Recovery of damages by individual users
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(a) An individual user of an illegal controlled substance may not bring an action for damages caused by the use of an illegal controlled substance, except as otherwise provided in this section. An individual user of an illegal controlled substance may bring an action for damages …
19 V.I.C. § 648 Liability of third-parties
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(a) A third-party shall not pay damages awarded under this subchapter, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification. (b) A cause of action authorized pursuant to this subchapter may not be assigned, either e…
19 V.I.C. § 649 Amount of damages presumed
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(a) A person whose participation in the marketing of illegal controlled substances constitutes the following level offense, shall be rebuttably presumed to be responsible in the following amounts:(a) For a level 1 offense, 25 percent of the damages.(b) For a level 2 offense, 50 p…
19 V.I.C. § 650 Joinder of parties
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(a) Two or more persons may join in one action under this subchapter as plaintiffs if their respective actions have at least one place of illegal controlled substances in common, and if any portion of the period of use of an illegal controlled substance overlaps with the period o…
19 V.I.C. § 651 Comparative responsibility
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(a) An action by an individual user of an illegal controlled substance is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, accord…
19 V.I.C. § 652 Contribution among and recovery from multiple defendants
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A person subject to liability under this subchapter has a right of action for contribution against another person subject to liability under this subchapter. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff m…
19 V.I.C. § 653 Standard of proof; effect of criminal drug conviction
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(a) Proof of liability in an action brought under this subchapter shall be shown by clear and convincing evidence. Except as otherwise provided in this subchapter, other elements of the cause of action shall be shown by a preponderance of the evidence. (b) (1) A person against wh…
19 V.I.C. § 654 Prejudgment attachment and execution on judgment
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(a) A plaintiff, under this subchapter, subject to subsection (c) of this section, may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. If attachment is instituted, a defendant is entitled t…
19 V.I.C. § 655 Statute of limitation
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(a) Except as otherwise provided in this section, a claim under this subchapter shall not be brought more than one year after the cause of action accrues. A cause of action accrues under this subchapter when a person who may recover has reason to know of the harm from use of an i…
19 V.I.C. § 656 Stay of action
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On motion by a governmental agency involved in an investigation or prosecution of a case involving illegal controlled substances, an action brought under this subchapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion…