Code of the District of Columbia

Subchapter IX. Related Occupations; Registration Requirements; Prohibited Actions.


§ 3–1209.01. Naturopathy. [Repealed]

Repealed.


(Mar. 25, 1986, D.C. Law 6-99, § 901, 33 DCR 729; Mar. 23, 1995, D.C. Law 10-247, § 2(x), 42 DCR 457; July 8, 2004, D.C. Law 15-172, § 2(h), 51 DCR 4938; Apr. 13, 2005, D.C. Law 15-354, § 11, 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 18, 53 DCR 6794; Mar. 25, 2009, D.C. Law 17-353, §§ 131(a), 188(c), 56 DCR 1117; July 7, 2009, D.C. Law 18-19, § 2(c), 56 DCR 3629.)

Prior Codifications

1981 Ed., § 2-3309.1.


§ 3–1209.02. Dance and recreation therapy.

(a) Any person who practices or offers to practice dance therapy or recreation therapy in the District shall register with the Mayor on forms prescribed by the Mayor, reregister at intervals the Mayor may require by rule, and pay the registration fee established by the Mayor.

(b) A person registered to practice dance therapy or recreation therapy may employ the theories and techniques of the profession, in accordance with appropriate ethical requirements, to aid in the restoration and rehabilitation of mental and physical functions.

(c) The Mayor shall, by rule, set forth standards of education and experience required to qualify for registration as a dance therapist or recreation therapist and, in doing so, may adopt the standards of the recognized national professional associations of dance therapists or recreation therapists.


(Mar. 25, 1986, D.C. Law 6-99, § 902, 33 DCR 729.)

Prior Codifications

1981 Ed., § 2-3309.2.


§ 3–1209.03. Registered acupuncture therapist.

(a) For the purposes of this section, “registered acupuncture therapist” means a person who has successfully completed a program in acupuncture therapy approved by the Advisory Committee on Acupuncture and the Board of Medicine for the specific purpose of treating drug and alcohol abuse in a clinical setting and who does not otherwise possess the credentials or qualifications for the practice of acupuncture as required by § 3-1205.04.

(b) A person who is engaged as an acupuncture therapist in the District shall register with the Mayor, renew the registration as required by rule, and pay the required registration fee established by the Mayor.

(c) Any person registered to practice as an acupuncture therapist shall practice under the direct collaboration of a person licensed to practice acupuncture or a physician licensed to practice acupuncture.

(d) The Mayor, in accordance with the provisions of subchapter I of Chapter 5 of Title 2, shall issue rules setting forth the standards of education and experience required to qualify for registration as an acupuncture therapist.


(Mar. 25, 1986, D.C. Law 6-99, § 903; as added Mar. 20, 1992, D.C. Law 9-77, § 2, 39 DCR 669.)

Prior Codifications

1981 Ed., § 2-3309.3.


§ 3–1209.04. Addiction counselor. [Repealed]

Repealed.


(Mar. 25, 1986, D.C. Law 6-99, § 904; as added July 22, 1992, D.C. Law 9-126, § 2(h), 39 DCR 3824; July 7, 2009, D.C. Law 18-13, § 2(f), 56 DCR 3608.)

Prior Codifications

1981 Ed., § 2-3309.4.


§ 3–1209.05. Dental assistant.

(a) For the purposes of this section, the term:

(1) “Dental assistant” means a person who is registered by the Board of Dentistry and is authorized to assist a licensed dentist in the performance of duties related to oral care under the direct supervision of a dentist.

(2) “Direct supervision” means the dentist is in the dental office or treatment facility, personally diagnoses the condition to be treated, personally authorizes the procedures, remains in the dental office or treatment facility while the procedures are being performed by the dental assistant, and personally evaluates the performance of the dental assistant before dismissal of the patient.

(b) A person who is engaged as a dental assistant in the District of Columbia shall be registered with the Board, renew the registration as required by rule, and pay the required registration fee established by the Board.

(c) A dental assistant shall wear a name tag bearing the title “dental assistant” while acting in a professional capacity and display his or her current registration in a conspicuous place in the dental office in which he or she is employed.

(d) A person shall not engage in the practice, or use the title, of dental assistant unless he or she is registered to practice as a dental assistant under this chapter and practices under the direct supervision of a dentist licensed under this chapter. Unless authorized by the Board to perform duties related to oral care in the District, an individual shall not be permitted to perform any clinical duties or engage in any physical patient contact.

(e) For a period of one year following July 7, 2009, unless further time is granted by the Board through rulemaking, persons who have received appropriate training for the tasks assigned may practice as a dental assistant.

(f) A dentist may delegate duties to a dental assistant that are appropriate to the training and experience of the dental assistant and within the scope of practice of the supervising dentist; provided, that the dentist shall not delegate to a dental assistant any task or function identified, through rulemaking, as a task or function that shall not be delegated.

(g) The Mayor shall issue rules necessary to implement the provisions of this section, including the standards of education and experience required to qualify as a registered dental assistant and the duties that may be performed by a dental assistant.


(Mar. 25, 1986, D.C. Law 6-99, § 905; as added July 7, 2009, D.C. Law 18-15, § 2(e), 56 DCR 3616.)


§ 3–1209.06. Psychology associate.

(a) A person who is engaged as a psychology associate in the District shall register with the Mayor, renew the registration as required by rule, and pay the required registration fee established by the Mayor.

(b) A person registered to practice as a psychology associate may provide psychological services and activities while under the direct supervision of a psychiatrist, or a licensed psychologist with a doctoral degree in psychology.

(c) A psychology associate shall have graduated from an accredited college or university with at least a Master’s degree based on a program of studies primarily focusing on psychology, or a program judged by the Board to be substantially equivalent in subject matter and extent of training to a master’s or doctoral degree in psychology.

(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules further setting forth the education and experience needed to qualify as a psychology associate.


(Mar. 25, 1986, D.C. Law 6-99, § 906; as added July 7, 2009, D.C. Law 18-14, § 2(e), 56 DCR 3613.)


§ 3–1209.07. Nursing assistive personnel.

(a) Persons who are engaged as nursing assistive personnel in the District shall register with the Mayor, renew the registration as required by rule, and pay the required registration fee established by the Mayor.

(b) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules setting forth the standards of education and experience required to qualify as nursing assistive personnel.


(Mar. 25, 1986, D.C. Law 6-99, § 907; as added July 7, 2009, D.C. Law 18-18, § 2(f), 56 DCR 3624.)


§ 3–1209.08. Personal fitness trainer.

(a) For the purposes of this section, the term “personal fitness trainer” means a person who develops and implements an individualized approach to exercise, including personal training and instruction in physical fitness and conditioning for an individual and a person who performs similar physical fitness training regardless of the designation used.

(b) A person who practices or offers to practice as a personal fitness trainer in the District shall register with the Mayor on forms prescribed by the Mayor, renew the registration at intervals the Mayor may require by rule, and pay the registration fee established by the Mayor.

(c) Nothing in subsection (a) of this section shall be construed as preventing or restricting:

(1) The lawful practice of a licensed health care professional under the scope of his or her license;

(2) Self-training by an individual or the gratuitous personal fitness training services provided by a friend or family member who does not represent himself or herself as a personal fitness trainer;

(3) The lawful practice of an athletic trainer licensed by the Mayor provided, that the person does not represent himself or herself as a personal fitness trainer or provide personal fitness training services; or

(4) Coaches and physical education instructors, health or recreation directors, health club or spa instructors, and water safety instructors who are supervising athletic activities, exercise, aerobics, weightlifting, water safety, and other recreational physical activities; provided, that the person does not represent himself or herself as an athletic trainer or provide personal fitness trainer services;

(5) The activities of a personal fitness training student acting under the direction of a personal fitness trainer registered with the Mayor provided, that the student is designated by a title that clearly indicates his or her affiliation and status as a personal fitness training student.

(d) A person registered with the Mayor pursuant to this chapter as a personal fitness trainer may use the letters “PFT” or “RPFT” in connection with his or her name to denote registration under this chapter, and an unregistered person is prohibited from using such letters in connection with his or her name and business activity, or the words “personal trainer,” “trainer,” “registered personal trainer,” and “certified personal trainer,” or “licensed personal trainer.”

(e) A registered personal trainer may not use the letters “RPT,” or “PT” in connection with his or her name to denote registration under this chapter.

(f) A person holding a valid physical therapy license under this chapter is exempt from the provisions of this section.


(Mar. 25, 1986, D.C. Law 6-99, § 908; as added Mar. 26, 2014, D.C. Law 20-96, § 102(r), 61 DCR 1184.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-96 added this section.


§ 3–1209.09. Audiology assistants.

(a) For the purposes of this section, the term:

(1) “Audiology assistant” means an individual who is registered with the Board of Audiology and Speech-Language Pathology to engage in practice as an audiology assistant.

(2) “Direct supervision” means on-site and personal oversight by a licensed audiologist who:

(A) Assumes responsibility for an audiology assistant’s conduct in the audiology office or treatment facility;

(B) Personally diagnoses the condition to be treated;

(C) Personally authorizes procedures;

(D) Remains in the audiology office or treatment facility while the procedures are being performed by the audiology assistant; and

(E) Personally evaluates the performance of the audiology assistant before dismissal of the patient.

(b) A person who practices as an audiology assistant shall be registered with the Board according to rules adopted by the Mayor, renew the registration as required by rule, and pay the required registration fee established by the Board.

(c) To be eligible for registration as an audiology assistant, a person shall provide proof acceptable to the Board that he or she:

(1) Meets the minimum qualifications established by the Mayor through rulemaking;

(2) Has graduated from an accredited college or university with at least an associate’s degree based on a program of studies primarily focusing on audiology or hearing sciences and disorders, or a program determined by the Board to be substantially equivalent in subject matter and extent of training to an associate’s degree in audiology;

(3) Has successfully completed the clinical observation hours and supervised clinical assisting experience hours required by regulations adopted by the Mayor; and

(4) Has paid the required registration fee.

(d) A person shall not practice as an audiology assistant or use the title of audiology assistant unless he or she:

(1) Is registered with the Board to practice as an audiology assistant;

(2) “(2) Practices under the direct supervision and direction of a licensed audiologist, except as provided for in subsection (e)(2) of this section; and

(3) Wears a name tag bearing the title “audiology assistant” while acting in a professional capacity and displays his or her current registration in a conspicuous place in the office where the audiology assistant is employed.

(e) A registered audiology assistant shall not:

(1) Work independently;

(2) Practice as an audiology assistant, unless doing so while under the direct supervision of a licensed audiologist or an audiologist employed by any agency of the federal government performing the duties of that agency; or

(3) Provide any services for which the audiology assistant has not received training to enable the audiology assistant to competently and safely perform the assigned tasks and job duties, or that cannot be delegated by an audiologist as set forth in rulemaking by the Board.

(f) A licensed audiologist may delegate duties to an audiology assistant that are appropriate to the training and experience of the audiology assistant and within the scope of practice of the supervising audiologist; provided, that the audiologist shall not delegate to an audiology assistant any task or function identified through rulemaking as a task or function that shall not be delegated.

(g) For a period of one year following March 26, 2014, unless further time is granted by the Mayor through rulemaking, a person who has received appropriate training for the tasks assigned may practice as an audiology assistant regardless of registration with the Board, only while under the supervision of a licensed audiologist, except as provided for in subsection (e)(2) of this section.

(h) For a period of one year following March 26, 2014, a person practicing as an audiology assistant may register as an audiology assistant notwithstanding the educational requirements of subsection (c)(2) of this section; provided, that the person has been employed under the direct supervision of an audiologist for a minimum of 15 hours per week during at least 3 of the 5 years preceding March 26, 2014.


(Mar. 25, 1986, D.C. Law 6-99, § 909; as added Mar. 26, 2014, D.C. Law 20-96, § 102(r), 61 DCR 1184.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-96 added this section.


§ 3–1209.10. Speech-language pathology assistants.

(a) For the purposes of this section, the term:

(1) “Direct supervision” means on-site and personal oversight by a licensed speech-language pathologist who:

(A) Assumes responsibility for a speech-language pathology assistant’s conduct in the speech-language pathology office or treatment facility;

(B) Personally diagnoses the condition to be treated;

(C) Personally authorizes procedures;

(D) Remains in the speech-language pathology office or treatment facility while the procedures are being performed by the speech-language pathology assistant; and

(E) Personally evaluates the performance of the speech-language pathology assistant before dismissal of the patient.

(2) “Speech-language pathology assistant” means an individual who is registered with the Board of Audiology and Speech-Language Pathology to engage in practice as a speech-language pathology assistant.

(b) A person who practices as a speech-language pathology assistant shall:

(1) Be registered with the Board according to rules adopted by the Mayor;

(2) Renew the registration as required by rule; and

(3) Pay the required registration fee established by the Board.

(c) To be eligible for registration as a speech-language pathology assistant, a person shall provide proof acceptable to the Board that he or she:

(1) Meets the minimum qualifications established by the Mayor through rulemaking;

(2) Has graduated from an accredited college or university with at least an associate’s degree based on a program of studies primarily focusing on speech-language pathology or communicative sciences and disorders, or a program determined by the Board to be substantially equivalent in subject matter and extent of training to an associate’s degree in speech-language pathology;

(3) Has successfully completed the clinical observation hours and supervised clinical assisting experience hours required by regulations adopted by the Mayor; and

(4) Has paid the required registration fee.

(d) A person shall not practice as a speech-language pathology assistant or use the title of speech-language pathology assistant unless he or she:

(1) Is registered with the Board to practice as a speech-language pathology assistant;

(2) Practices under the direct supervision and direction of a licensed speech-language pathologist, except as provided for in subsection (e)(2) of this section; and

(3) Wears a name tag bearing the title “speech-language pathology assistant” while acting in a professional capacity and displays his or her current registration in a conspicuous place in the office where the speech-language pathology assistant is employed.

(e) A registered speech-language pathology assistant shall not:

(1) Work independently;

(2) Practice speech-language pathology assistance unless under the direct supervision of a licensed speech-language pathologist, or a speech-language pathologist employed by any agency of the federal government performing the duties of that agency; or

(3) Provide any services for which he or she has not received training to enable him or her to competently and safely perform the assigned tasks and job duties, or that cannot be delegated by a speech-language pathologist as set forth in rulemaking by the Mayor.

(f) A licensed speech-language pathologist may delegate duties to a speech-language pathology assistant that are appropriate to the training and experience of the speech-language pathology assistant and within the scope of practice of the supervising speech-language pathologist; provided, that the speech-language pathologist shall not delegate to a speech-language pathology assistant any task or function identified, through rulemaking, as a task or function that shall not be delegated.

(g) For a period of one year following March 26, 2014, unless further time is granted by the Mayor through rulemaking, a person who has received appropriate training for the tasks assigned may practice as a speech-language pathology assistant regardless of registration with the Board, only while under the supervision of a licensed speech-language pathologist, except as provided for in subsection (e)(2) of this section.

(h) For a period of one year following March 26, 2014, a person practicing as a speech-language pathology assistant may register as a speech-language pathology assistant notwithstanding the educational requirements of subsection (c)(2) of this section provided, that the person has been employed under the direct supervision of a speech-language pathologist for a minimum of 15 hours per week during at least 3 of the 5 years preceding March 26, 2014.


(Mar. 25, 1986, D.C. Law 6-99, § 910; as added Mar. 26, 2014, D.C. Law 20-96, § 102(r), 61 DCR 1184.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-96 added this section.


§ 3–1209.11. Speech-language pathology clinical fellows.

(a) For the purposes of this section, the term:

(1) “Speech-language pathology clinical fellow” means an individual who is registered with the Board of Audiology and Speech-Language Pathology to engage in practice as a speech-language pathology clinical fellow.

(2) “Supervision” means the on-site or other personal and direct oversight and involvement of a supervising speech-language pathologist in any and all ways that will permit the supervising speech-language pathologist to monitor, improve, and evaluate the clinical fellow’s performance in professional employment according to the degree of oversight and involvement necessary to support the particular clinical fellow’s development in self-recognition of clinical and professional strengths and areas requiring additional development of skill.

(b) A person who practices as a speech-language pathology clinical fellow shall be registered with the Board according to rules adopted by the Mayor, renew the registration as required by rule, and pay the required registration fee established by the Board.

(c) To be eligible for registration as a speech-language pathology clinical fellow, a person shall provide proof acceptable to the Board that he or she:

(1) Meets the minimum qualifications established by the Mayor through rulemaking;

(2) Has graduated from an accredited college or university with at least a Master’s degree based on a program of studies primarily focusing on speech-language pathology or communicative sciences and disorders, or a program determined by the Board to be substantially equivalent in subject matter and extent of training to a Master’s or doctoral degree in speech-language pathology;

(3) Is enrolled in a clinical fellowship that meets the following criteria:

(A) The clinical fellowship was completed under the supervision of a licensed speech-language pathologist, except as provided for by subsection (e)(1) of this section;

(B) The clinical fellowship consists of direct clinical work with patients, consultations, record keeping, and other duties relevant to a program of clinical work, including clinical experience with persons who have communication disorders. The professional experience shall pertain directly to the evaluation, treatment, and case management of specific patients or clients; and

(C) The supervising speech-language pathologist monitors and evaluates the clinical fellow’s performance;

(4) Unless an exception is approved by the Board, has begun the clinical fellowship within 2 years after the completion of the academic course work and clinical practicum requirements, and shall complete the clinical fellowship within 36 months;

(5) Will be employed under the supervision required by this section as a professional in the field of speech-language pathology, for a period of time set forth by the rules adopted by the Board; and

(6) Has paid the required registration fee.

(d) A person shall not practice as a speech-language pathology clinical fellow or use the title of speech-language pathology clinical fellow unless he or she:

(1) (1) Is registered with the Board to practice as a speech-language pathology clinical fellow under this chapter;

(2) Practices under the supervision of a licensed speech-language pathologist, except as provided for in subsection (e)(1) of this section; and

(3) Wears a name tag bearing the title “speech-language pathology clinical fellow” while acting in a professional capacity and displays his or her current registration in a conspicuous place in the office where the speech-language pathology clinical fellow is employed.

(e) A registered speech-language pathology clinical fellow shall not:

(1) Practice as a speech-language pathology clinical fellow unless practicing while under the supervision of a licensed speech-language pathologist, or, if the supervising individual is employed by any agency of the federal government, while performing the duties of that agency; or

(2) Provide any services for which he or she has not received training to enable him or her to competently and safely perform the assigned tasks and job duties.

(f) A licensed speech-language pathologist may delegate duties to a speech-language pathology clinical fellow that are appropriate to the training and experience of the speech-language pathology clinical fellow and within the scope of practice of the supervising speech-language pathologist; provided, that the speech-language pathologist shall not delegate to a speech-language pathology clinical fellow any task or function identified through rulemaking as a task or function that shall not be delegated.

(g) For a period of one year following March 26, 2014, unless further time is granted by the Mayor through rulemaking, a person who has received appropriate training for the tasks assigned may practice as a speech-language pathology clinical fellow, regardless of registration with the Board, while under the supervision of a licensed speech-language pathologist, except as provided for in subsection (e)(1) of this section.


(Mar. 25, 1986, D.C. Law 6-99, § 911; as added Mar. 26, 2014, D.C. Law 20-96, § 102(r), 61 DCR 1184.)

Section References

This section is referenced in § 3-1201.02.

Effect of Amendments

The 2014 amendment by D.C. Law 20-96 added this section.


§ 3–1209.12. Phlebotomist.

(a) For the purposes of this section, the term “phlebotomist” means an unlicensed person trained in the proper procedure for withdrawing blood by venipuncture or skin puncture for clinical laboratory test purposes.

(b) A person who is engaged as a phlebotomist in the District of Columbia shall register with the Mayor, renew the registration as required by rule, and pay the required registration fee established by the Mayor.

(c) Any person registered to practice as a phlebotomist shall work under the general supervision of a licensed physician, advanced practice nurse, or other licensed health professional as the Mayor determines by rule.


(Mar. 25, 1986, D.C. Law 6-99, § 912; as added May 2, 2015, D.C. Law 20-272, § 2(g), 62 DCR 1911.)