COMMITTEE CONSIDERS MEASURES TO ALLOW PARENTS TO RECEIVE CHILD’S BIRTH CERTIFICATE BY MAIL, INCREASING LIMITATION ON MEDICAL MALPRACTICE ACTIONS, RECEIVES UPDATE FROM DEPARTMENT OF HEALTH

ST. THOMAS, VI – The 36^th Legislature of the Virgin Islands’ Committee on Health, Hospitals, and Human Services, led by Senator Ray Fonseca, met at the Earle B. Ottley Legislative Hall. Lawmakers considered measures that would allow the parent of a newborn child born in a government hospital the option to receive the child’s birth certificate by mail, and a measure increasing the limitation on recovery in medical malpractice options from $250,000 to $400,000 and designating the records and testimony gathered by quality improvement committees as confidential; and establishing additional requirements for filing medical malpractice claims. Lawmakers also received testimony from the Virgin Islands Department of Health regarding the status of its programs.  Approved items on today’s agenda will be forwarded to the Committee on Rules and Judiciary for further consideration and action.

Policymakers considered Bill No. 36-0280, An Act amending Title 19, Virgin Islands Code, Part IV, Chapter 37, Subchapter II, Section 831, Subsection (a), Paragraph (2), by giving a parent of a newborn child born in a government hospital the option to receive the child’s birth certificate by mail. The measure was proposed by Senator Hubert L. Frederick.

Hadiyah Charles, Deputy Commissioner of the Department of Health delivered testimony in support of the measure and a proposed amendment in nature of a substitute.  The Department of Health, Office of Vital Records and Statistics is responsible for the registration, maintenance, preservation and dissemination of records concerning vital events occurring within the territory, including births and deaths. The Office of Vital Records and Statistics also serves as a custodian of vital statistics used for public health and government purposes. The Department currently uses the US Standard Certificate Live Birth as the basis for collecting and maintaining the information associated with birth registration. The proposed amendment writes into law an option that is already offered by the Department of Health. The present birth certificate application includes an option for the parent to receive the certificate by mail upon payment of an administrative fee. When requesting the birth certificate to be mailed, the parent must provide an Office of Vital Records and Statistics with a stamped, self-addressed envelope so the certificates can be returned with their copies of the Voluntary Certificate of Parentage Form. The amendment now gives the registrar no later than 5 business days after the certificate of live birth and the application is submitted to mail the birth certificate to the parent.

An amendment in the proposed measure addresses a longstanding issue concerning the surname assigned to a child when the child is born outside of marriage and the paternity has not yet been acknowledged or legally established. The new subsection establishes a clear and uniform statutory rule for determining the surname that will be entered on the child’s birth certificate. Where the paternity has been acknowledged or legally established, the surname selected by the mother will be entered in accordance with procedure. When paternity has not been acknowledged, the child will be assigned the mother’s surname.

Darlene A. Baptiste, Chief Executive Officer of the Governor Juan F. Luis Hospital and Medical Center and Schneider Regional Medical Center voiced support for the proposed measure. Baptiste stated that giving parents the option to receive a certified birth certificate by mail adds convivence and accessibility during an important transition for families with newborn children.  According to Baptiste, the hospitals’ current birth registration processes already align substantially with the proposed legislation.  Through the hospitals collaboration with the Virgin Islands Department of Health’s Office of Vital Statistics, the Mother Baby/Labor & Delivery Units collect and electronically submit the required birth information through the Vital Statistics online portal before discharge, including applicable paternity acknowledgement information. Before discharge, parents are provided with information from the Office of Vital Statistics explaining the process for acquiring a certified copy of their newborn’s US Standard Certificate of Live Birth. The implementation of the Vital Statistics online portal has significantly streamlined the process.

After further discussion, the measure was voted upon favorably.

Senators also considered Bill No. 36-0048, An Act amending title 22, Virgin Islands Code, chapter 3 relating to annual rate changes for medical malpractice liability insurance and amending title 27, Virgin Islands Code, chapter 1 by increasing the limitation on recovery in medical malpractice actions from $250,000 to $400,000; designating the records and testimony gathered by quality improvement committees as confidential; and establishing additional requirements for filing medical malpractice claims. The measure was proposed by Senator Novelle E. Francis, Jr.

Royette Russell, Assistant Attorney General offered partial support of the measure and urged the Legislature to adopt a proposed amendment in the nature of a substitute. Russell stated that the revised document narrows the scope of the original bill. It addresses the qualifications of the membership of the medical malpractice action committee, increases time for the Medical Malpractice Action Committee to review proposed complaints, includes the requirement of an Affidavit of Merit prior to filing a claim for Medical Malpractice; establishes the standard of care in medical malpractice cases and the burden of proof; adds qualifications for Experts; includes a requirement for a bond; and makes a minor amendment to 33 V.I.C. sec. 3042 regarding the operation of the Expert Fund. The amendment proposes the addition of a member of the public to the Medical Malpractice Action Review Committee.  It also seeks to enlarge the amount of time allowed to review Notices of Intent prior to a filing malpractice action from 90 days to 180 days. The amendment also proposes that an Affidavit of Merit accompany all malpractice complaints. This is a requirement in thirty states and the District of Columbia.  This was intended to filter out weak or frivolous claims early.

Darlene Baptiste, Chief Executive Officer of the Governor Juan F. Luis Hospital and Medical Center and the Schneider Regional Medical Center supported the proposed amendment in nature of a substitute. Baptiste said that there remains significant work to be done to develop a medical malpractice framework that protects patients, provides fairness and due process for healthcare professionals, and supports the territory’s ability to recruit and retain physicians.  Stating that meaningful medical malpractice reform must strike an appropriate balance, patients who suffer at the result of medical malpractice must continue to have meaningful venues for relief and appropriate remedies.  Also, healthcare professionals must have reasonable safeguards against claims that lack sufficient grounds or a good faith basis. Additionally, Baptiste voiced concern that as an island community with a limited health care workforce, there are already significant challenges with recruitment. The medical malpractice environment is one of the decisions that can influence where a physician chooses to practice.  However, Baptiste stated that the passage of the bill should not be seen as the completion of medical malpractice reform in the US Virgin Islands but should be seen as the beginning of a broader effort.

Testimony was read into the record from William F. Kendall, MD, FACS, a general surgeon, who supported the measure. Dr. Kendall stated that despite his commitment to delivering high-quality care under challenging conditions, he became the subject of multiple medical malpractice lawsuits. Kendall stated that many of these lawsuits were inconsistent with the actual care provided and learned that malpractice litigation is often a common reality for physicians who practice in the US Virgin Islands. Because of these lawsuits, he has lost multiple employment opportunities in the United States and has been unable to pursue a return to military service and faces ongoing uncertainty because these cases can remain unresolved for many years. As a result of these experiences, Dr. Kendall sought to not renew his medical license and no longer practices in the territory. Despite these challenges, Dr. Kendall stated he supported reforms that would support physicians and patients.

Testimony was also read into the record from Semaj Johnson, Chair of the Legislation and Law Reform Committee at the Virgin Islands Bar Association, voiced support for the proposed measure. Johnson states that the committee supports updating the territory’s medical malpractice statute but also urges that reforms remain balanced so that legitimate claims are not hindered. It recommends that any affidavit of merit requirement clearly define who may issue it, when it must be filed, and that initial non-compliance result in dismissal without prejudice.  The committee has suggested a firm 60–90-day deadline, tolling for good cause, and allowing claimants to proceed to court if MMARC (The Medical Malpractice Action Review Committee) does not act in time. The Committee recommends standards tied to similar specialties and active US Licensure but cautions against overly narrow criteria given the territory’s limited specialist pool.

Mackiesh Taylor-Jones, Chief Legal Counsel at the Virgin Islands Department of Health supported the measure, as amended. The measure, as amended seeks to strengthen the Territory’s medical malpractice framework by improving the claims-review process, promoting the timely resolution of meritorious claims, ensuring appropriate evidentiary support before litigation, and reducing unnecessary legal and administrative costs.  Taylor-Jones stated that she believes that the reforms can help balance patient’s access to legitimate claims with appropriate protection for healthcare professionals, while promoting accountability, efficiency and a more stable healthcare environment in the territory.  Furthermore, Talor-Jones stated that the proposed amendment to the measure addresses several important procedural aspects of the Virgin Islands Medical Malpractice Act, including the establishment of an Affidavit of Merit requirement, the time allowed for the Medical Malpractice Action Review Committee (MMARC) to obtain expert opinions; and the qualifications required by medical experts who provide opinions on malpractice matters.

Upon further discussion of the matter, the measure was voted upon favorably.

Lawmakers then received an update from the Virgin Islands Department of Health,

Renan Steele, Deputy Commissioner of Behavioral Health at the Virgin Islands Department of Health provided a comprehensive update on its public health programs, clinical services, regulatory responsibility and major initiatives across the territory. The Department of Health continues to provide essential services, such as family planning, child health, WIC, early intervention for infants and toddlers, community health, behavioral health, immunizations, HIV prevention and treatment, vital records and environmental health.  Thousands of territorial residents have been receiving services through clinics, outreach programs, wellness fairs and mobile health activities. However, many programs at the Department continue to experience challenges with staff shortages, facility problems, transportation limitations and dependence on federal funding, which can affect the Department’s ability to meet growing needs.

A major concern highlighted is the limited local healthcare capacity of the territory. As of September 2026, 56 Virgin Islands residents were receiving specialized care off island because appropriate services were not available in the territory. The Department is working to strengthen local health care, substance use, crisis response and residential services while supporting the 988 Suicide and Crisis lifeline.  The Department also seeks to address childhood vaccination gaps, increasing vaccine exemptions, HIV medication costs, outstanding vendor payments, environmental health inspections, and numerous medical malpractice cases.  Additionally, the Department is making major investments in long term healthcare infrastructure and modernization. These include the Donna M. Christian-Christiansen Health Care Center on St. Croix, with a budget of $292.8 Million, scheduled for substantial completion by October 2028, and the Morris F. DeCastro Clinic on St. John, budgeted at $17.6 Millon, expected to be completed by December 2027.

Senators present at today’s Committee hearing included Ray Fonseca, Hubert L. Frederick, Marvin A. Blyden, Novelle E. Francis, Jr., Alma Francis Heyliger, Kenneth L. Gittens, Clifford Joseph, Avery Lewis, and Milton E. Potter.

The Division of Public Affairs is committed to providing the community with accurate information on legislative proceedings and other events at the Legislature of the Virgin Islands. Visit legvi.org.

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