Code of the District of Columbia

§ 3–1205.02. Exemptions.

*NOTE: This section includes amendments by emergency legislation that will expire on March 24, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) The provisions of this chapter prohibiting the practice of a health occupation without a District of Columbia license, registration, or certification shall not apply:

(1) To an individual who administers treatment or provides advice in any case of emergency;

(2) To an individual employed in the District by the federal government, while he or she is acting in the official discharge of the duties of employment;

(2A) To an individual engaged in the practice of pharmaceutical detailing for less than 30 consecutive days per calendar year;

(3) To an individual, licensed, registered, or certified to practice a health occupation in a state, who is providing care to an individual, an animal, or group for a limited period of time, or who is called from a state in professional consultation by or on behalf of a specific patient, animal, or client to visit, examine, treat, or provide advice regarding the specific patient, animal, or client in the District, or to give a demonstration of a procedure or clinic in the District; provided, that the individual engages in the provision of care, consultation, demonstration, or clinic in affiliation with a comparable health professional licensed, registered, or certified pursuant to this chapter;

(3A) To an individual retained to testify as an expert witness in any court or administrative proceeding, hearing, or trial;

(4) To a health professional who is authorized to practice a health occupation in any state adjoining the District who treats patients in the District if:

(A) The health professional does not have an office or other regularly appointed place in the District to meet patients;

(B) The health professional registers with the appropriate board and pays the registration fee prescribed by the board prior to practicing in the District; and

(C) The state in which the individual is licensed allows individuals licensed by the District in that particular health profession to practice in that state under the conditions set forth in this section.

(b) Notwithstanding the provisions of subparagraphs (A), (B), and (C) of subsection (a)(4) of this section, a health professional practicing in the District pursuant to subsection (a)(4) of this section shall not see patients, animals, or clients in the office or other place of practice of a District licensee, or otherwise circumvent the provisions of this chapter.

(c)(1) Notwithstanding any other law, an individual may engage in the practice of providing healthcare to District residents for a particular health occupation without a District license, registration, or certification until August 10, 2022, if the individual:

(A) Is licensed, registered, or certified, and in good standing in another jurisdiction in the applicable health occupation;

(B) Has been fully vaccinated against COVID-19 or has been granted a medical or religious exemption from vaccination by the Department of Health ("Department");

(C) Has not been issued an order limiting or restricting the individual's ability to practice their profession in any state or jurisdiction; and

(D) Provides healthcare services:

(i) At a licensed or certified healthcare entity, which may include telehealth services; or

(ii) To an established patient who has returned to the District, and the individual is providing continuity of care to the patient by telehealth in accordance with applicable laws and regulations.

(2) For purposes of this subsection, the term "healthcare entity" means:

(A) An ambulatory surgical facility, assisted living residence, community resident facility, group home for persons with intellectual disabilities, home care agency, hospice, hospital, maternity center, nursing home, or renal dialysis facility, as those terms are defined in § 44-1051.01;

(B) A licensed nursing staffing agency, as set forth in Chapter 10A of Title 44;

(C) A home support agency, as set forth in 22-B DCMR § 9900 et seq.;

(D) An adult day health program, as set forth in 29 DCMR § 9700 et seq.;

(E) A community-based behavioral health organization; or

(F) A community-based primary care clinic.

(3) A healthcare entity utilizing the services of an individual practicing pursuant to this subsection shall:

(A) Verify the credentials and license, registration, or certification status of the individual to ensure compliance with this subsection, including by confirming the individual has been fully vaccinated against COVID-19 or received an exemption from vaccination by the Department and that the individual has not been issued a suspension or revocation order by a District of Columbia health occupation board;

(B) Implement a process by which the credentials, vaccination status, and home jurisdiction license, registration, or certification status of any such individual is routinely verified;

(C) Ensure proper supervision of any services being provided by the individual; and

(D) Maintain a list of individuals practicing pursuant to this subsection being utilized, which shall be made available to the Department for inspection upon demand.

(4)(A) The Mayor shall not require an individual practicing in the District pursuant to this subsection to apply for a District license, certification, or registration prior to March 31, 2022; and

(B) Any temporary license, registration, or certification issued by the Mayor shall not expire before August 10, 2022.