Chapter 12. Health Occupations Boards.

Subchapter I. Definitions; Scope.

§ 3–1201.01. General definitions.

For the purposes of this chapter, the term:

(1) “Board” means the Board of Audiology and Speech-Language Pathology, [the] Board of Chiropractic, the Board of Dentistry, the Board of Dietetics and Nutrition, the Board of Marriage and Family Therapy, the Board of Medicine, the Board of Nursing, the Board of Long-Term Care Administration, the Board of Occupational Therapy, the Board of Optometry, the Board of Pharmacy, the Board of Physical Therapy, the Board of Podiatry, the Board of Professional Counseling, the Board of Psychology, the Board of Respiratory Care, the Board of Social Work, or the Board of Veterinary Medicine, established by this chapter, as the context requires.

(1A) “Boards of Allied Health” means the Board of Audiology and Speech-Language Pathology, the Board of Dentistry, the Board of Dietetics and Nutrition, the Board of Massage Therapy, the Board of Long-Term Care Administration, the Board of Occupational Therapy, the Board of Optometry, the Board of Physical Therapy, the Board of Podiatry, and the Board of Respiratory Care.

(1B) “Boards of Behavioral Health” means the Board of Marriage and Family Therapy, the Board of Professional Counseling, the Board of Psychology, and the Board of Social Work.

(1B-i) "Certified midwife" means a person licensed in the District under this chapter to practice certified midwifery who has graduated from a graduate-level midwifery education program accredited by the Accreditation Commission for Midwifery Education or its successor organization and holds a valid certification from the American Midwifery Certification Board or its successor organization.

[(1C)] "Certified nurse-midwife" means a qualified registered nurse who holds a valid certification from the American Midwifery Certification Board.

[(1D)] "Certified professional midwife" or "CPM" means a person licensed in the District under this chapter to practice certified professional midwifery who holds a valid certification from the North American Registry of Midwives.

[(1E)] “Clinical laboratory practitioner” means a cytotechnologist, histologic technician, histotechnologist, medical laboratory technician, medical technologist, or a phlebotomist.

(2) “Collaboration” means the process in which health professionals jointly contribute to the health care of patients with each collaborator performing actions he or she is licensed or otherwise authorized to perform pursuant to this chapter.

(3) “Corporation Counsel” means the Corporation Counsel of the District of Columbia.

(4) “Council” means the Council of the District of Columbia.

(5) “Day” means calendar day unless otherwise specified in this chapter.

(6) “District” means the District of Columbia.

(6A) “Domestic partner” shall have the same meaning as provided in § 32-701(3).

(6B) “Domestic partnership” shall have the same meaning as provided in § 32-701(4).

(6C)(A) "Doula" means an individual certified by the Board of Medicine to provide culturally competent and continuous physical, emotional, and informational support to a birthing parent during pregnancy, labor, birth, and postpartum, including:

(i) Providing support to pregnant individuals and their families, including surrogates and adoptive parents;

(ii) Conducting prenatal and postpartum visits;

(iii) Accompanying pregnant individuals to health care and social service appointments;

(iv) Connecting individuals to medical, community-based, or government-funded resources, including those addressing social determinants of health; and

(v) Providing support to individuals following either the loss of pregnancy or birth of a child for up to one year.

(B) A doula may not:

(i) Perform clinical tasks or replace trained licensed medical professionals; or

(ii) Engage in the practice of medicine as defined in § 3-1201.02(7).

(6D) "Financial exploitation" means the non-accidental act or omission by a health professional, without the consent of the patient, client, or employer, causing monetary or property loss to the patient, client, or employer, or monetary or property gain to the health professional which gain would otherwise benefit a patient, client, or employer, but for the non-accidental action or omission of the health professional. Financial exploitation may result from consent obtained as a result of misrepresentation, undue influence, coercion, or threat of force by the health professional. Financial exploitation may not result from a bona fide gift.

(7) “Health occupation” means a practice that is regulated under the authority of this chapter.

(8) “Health professional” means a person licensed under this chapter or permitted by this chapter to practice a health occupation in the District.

(9) “Impaired health professional” means a health professional who is unable to perform his or her professional responsibilities reliably due to a mental or physical disorder, excessive use of alcohol, or habitual use of any narcotic or controlled substance or any other drug in excess of therapeutic amounts or without valid medical indication.

(9A) "Long-Acting Reversible Contraceptive" means a contraceptive that requires administering less than once per cycle or month.

(10) “Mayor” means the Mayor of the District of Columbia.

[(10A)] "MBC" means a Midwifery Bridget certificate issued by the North American Registry of Midwives that documents completion of accredited continuing education for Certified Professional Midwives based upon identified areas to address education in emergency skills and other competencies set by the International Confederation of Midwives.

[(10B)] "MEAC" means the Midwifery Education Accreditation Council, the U.S. Department of Education-recognized commission that provides accreditation for programs and institutions that meet the International Confederation of Midwives competencies and the North American Registry of Midwives skills and standards for midwifery practice.

[(10C)] "National Association of Certified Professional Midwives" or "NACPM" means the national professional and standard setting association specific to Certified Professional Midwives.

[(10D)] "Patient-client" means a person under the care of a midwife and such person's fetus or newborn.

(11) “Person” means an individual, corporation, trustee, receiver, guardian, representative, firm, partnership, society, school, or other entity.

(11A) "Personal medical record" means:

(A) A copy of a medical bill or a medical billing record with individually identifiable health information, including an audit trail of any additions, deletions, or revisions to the record; or

(B) Protected health information as defined in 45 C.F.R. § 160.103.

(11B) "Postpartum" means the time after delivery when maternal physiological changes related to pregnancy return to the nonpregnant state, which may last for as long as 12 months after delivery.

(12) Repealed.

(12A) “Revocation” means termination of the right to practice a health profession and loss of licensure, registration, or certification for 5 years or more.

(12B) "Self-administered hormonal contraceptive" means a contraceptive containing hormones approved by the U.S. Food and Drug Administration that is administered by the patient orally, transdermally, or vaginally.

(13) “State” means any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.

(14) “Superior Court” means the Superior Court of the District of Columbia.

(15) “Suspension” means termination of the right to practice a health profession for a specified period of time of less than 5 years or until such time that the specified conditions in an order are satisfied.

(16) “Veterinarian” means a person who is a graduate of a school of veterinary medicine and has received a doctorate in veterinary medicine or its equivalent.

(17) “Veterinary euthanasia technician” means a person certified by the Mayor to euthanize animals within the District.

(18) “Veterinary facility” means a fixed or mobile establishment where veterinary medicine is practiced. The term “veterinary facility” shall not include:

(A) Wildlife rehabilitation facilities, as defined in § 47-2888.01(3); and

(B) Animal shelters, as defined in § 47-2888.01(1).

(19) “Veterinary technician” means a person certified by the Mayor to perform acts relating to maintenance of the health or treatment of an animal, except for the performance of surgery, diagnosis, or prescribing of medication for any animal.

(Mar. 25, 1986, D.C. Law 6-99, § 101, 33 DCR 729; July 22, 1992, D.C. Law 9-126, § 2(a), 39 DCR 3824; Mar. 14, 1995, D.C. Law 10-203, § 2(a), 41 DCR 7707; Mar. 21, 1995, D.C. Law 10-231, § 2(a), 42 DCR 15; Mar. 23, 1995, D.C. Law 10-247, § 2(a), 42 DCR 457; Mar. 10, 2004, D.C. Law 15-88, § 2(b), 50 DCR 10999; Mar. 6, 2007, D.C. Law 16-219, § 2(b), 53 DCR 10211; June 25, 2008, D.C. Law 17-177, § 6(a), 55 DCR 3696; Sept. 12, 2008, D.C. Law 17-231, § 10(a), 55 DCR 6758; July 7, 2009, D.C. Law 18-15, § 2(b), 56 DCR 3616; July 18, 2009, D.C. Law 18-26, § 2(b), 56 DCR 4043; Mar. 26, 2014, D.C. Law 20-96, § 102(b), 61 DCR 1184; May 2, 2015, D.C. Law 20-272, § 2(b), 62 DCR 1911; Mar. 28, 2018, D.C. Law 22-75, § 2(a), 65 DCR 1374; Feb. 22, 2019, D.C. Law 22-227, § 101(a), 66 DCR 197; June 17, 2020, D.C. Law 23-97, § 2(b)(1), 67 DCR 3912; Nov. 13, 2021, D.C. Law 24-45, § 5042(b), 68 DCR 010163; Dec. 29, 2021, D.C. Law 24-46, § 2(b)(1), 68 DCR 011642; Sept. 21, 2022, D.C. Law 24-170, § 3(a), 69 DCR 009207; Mar. 10, 2023, D.C. Law 24-290, § 2(b), 70 DCR 553.)

Prior Codifications

1981 Ed., § 2-3301.1.

Section References

This section is referenced in § 4-1321.02, § 7-2341.01, § 7-2341.03, § 7-2341.06, § 7-2341.08, § 21-501.01, § 22-1314.01, § 29-502, § 31-3171.01, and § 42-3505.07.

Applicability

Section 7078 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-97 removing the applicability provision impacting this section. Therefore, the amendment of this section by Law 23-97 has been implemented.

Applicability of D.C. Law 23-97: § 6 of D.C. Law 23-97 provided that the change made to this section by § 2(b)(1) of D.C. Law 23-97 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5042(b) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 2(a) of Defending Access to Women's Health Care Services Congressional Review Emergency Amendment Act of 2018 (D.C. Act 22-266, Feb. 21, 2018, 65 DCR 2119).

For temporary (90 day) amendment of section, see § 2(b) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

Editor's Notes

Section 5 of D.C. Law 23-97 provided that the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of D.C. Law 23-97.

Health Regulation Reform Task Force: Title III of D.C. Law 12-86 provided in detail for the establishment of a Health Regulation Reform Task Force, to consist of 11 members appointed by the Mayor. The Health Task Force was required to submit a written review of the boards created by the District of Columbia Health Occupations Revision Act of 1985, Chapter 33 of Title 2Chapter 12 of Title 3 including recommendations for the restructuring or consolidation of the boards and of the licensing procedures. The Task Force was to cease to exist 60 days after submission of the report.

Delegation of Authority

Delegation of authority pursuant to Law 6-99, see Mayor’s Order 86-110, July 18, 1986.

Delegation of authority pursuant to the “District of Columbia Health Occupations Revision Act of 1985”, see Mayor’s Order 98-140, August 20, 1998 ( 45 DCR 6593).

§ 3–1201.02. Definitions of health occupations.

For the purposes of this chapter, the term:

(1) “Practice of acupuncture” means the insertion of needles, with or without accompanying electrical or thermal stimulation, at a certain point or points on or near the surface of the human body to relieve pain, normalize physiological functions, and treat ailments or conditions of the body. A licensed acupuncturist does not need to enter into a collaboration agreement with a licensed physician or osteopath to practice acupuncture.

(1A) “Practice of addiction counseling” means providing services, with or without compensation, based on theory and methods of counseling, psychotherapy, and addictionology to persons who are experiencing cognitive, affective, or behavioral psycho-social dysfunction as a direct or indirect result of addiction, chemical dependency, abuse of chemical substances, or related disorders. The practice of addiction counseling includes:

(A) Addiction prevention;

(B) Crisis intervention;

(D) Referral;

(E) Direct treatment;

(F) Follow-up, which is rendered to individuals, families, groups, organizations, schools, and communities adversely affected by addictions or related disorders; and

(G) The education and training of persons in the field of addiction counseling.

(2) “Practice of advanced practice registered nursing” means the performance of advanced-level nursing actions, with or without compensation, by a licensed registered nurse with advanced education, knowledge, skills, and scope of practice who has been certified to perform such actions by a national certifying body acceptable to the Board of Nursing. The practice of advanced practice registered nursing includes:

(A) Advanced assessment;

(B) Medical diagnosis;

(D) Selecting, administering, and dispensing therapeutic measures;

(E) Treating alterations of the health status; and

(F) Carrying out other functions identified in subchapter VI of this chapter and in accordance with procedures required by this chapter.

(2A)(A) “Practice by anesthesiologist assistants” means assisting an anesthesiologist in developing and implementing anesthesia care plans for patients under the supervision and direction of the anesthesiologist.

(B) For the purposes of this paragraph, the term “anesthesiologist” means a physician who has completed a residency in anesthesiology approved by the American Board of Anesthesiology or the American Osteopathic Board of Anesthesiology and who is currently licensed to practice medicine in the District of Columbia.

(2A-i)(A) “Practice of assisted living administration” means planning, organizing, directing, and controlling the operation of an assisted living residence.

(B) For the purposes of this chapter, the term:

(i) “Assisted living administrator” or “ALA” means a person who oversees the day-to-day operation of the facility, including compliance with all regulations for licensed assisted living residences.

(ii) “Assisted living residence” shall have the same meaning as provided in § 44-102.01(4).

(2A-ii)(A) “Practice of athletic training” means any of the following:

(i) The treatment of an athletic injury that is:

(I) For an athlete whose condition is within the professional and educational ability of the licensed athletic trainer; and

(II) Performed under the general supervision of a physician who has issued any written order, protocol, or recommendation for an athletic injury;

(ii) The immediate treatment of athletic injuries, including common emergency medical situations;

(iii) The provision of education, guidance, and counseling to athletes, coaches, parents of athletes, and athletic communities regarding athletic training and the prevention, care, and treatment of athletic injuries; and

(iv) The organization and administration of athletic training programs.

(B) Nothing in subparagraph (A) of this paragraph shall be construed as authorizing:

(i) The rendering of a medical diagnosis or opinion regarding a physical disability or the use of X rays, radium, or electricity for cauterization or surgery by an athletic trainer;

(ii) Treatment or rehabilitation of neurologic injuries, conditions, or disease other than the preventative and emergency medical treatment authorized by subparagraphs (A)(i) and (A)(ii) of this paragraph; and

(iii) The expansion of treatment beyond the determination of the supervising physician.

(i) The lawful practice of a licensed health care professional under the scope of his or her license; provided, that he or she does not hold himself or herself out as an athletic trainer;

(ii) Self-care by a patient, the provision of basic first aid services by an individual, or the gratuitous care by a friend or family member who does not represent himself or herself as an athletic trainer;

(iii) The lawful practice of a personal trainer registered with the Mayor; provided, that the person does not represent himself or herself as an athletic trainer or provide athletic trainer services, and treatment of any athletic injuries is limited to the provision of basic first aid;

(iv) Coaches and physical education instructors, health or recreation directors, health club or spa instructors, and water safety instructors that 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 athletic trainer services, and if any treatment of athletic injuries is limited to the provision of basic first aid;

(v) The activities of athletic training students acting under the direction of an athletic trainer licensed, certified, or registered in any state; provided, that the students are designated by a title that clearly indicates their status as athletic training students; or

(vi) The activities of athletic trainers from other nations, states, or territories when performing their duties for their respective teams or organizations and only during the course of their team’s or organization’s stay in the District; provided, that the athletic trainers are currently licensed, certified, or registered, in any state or Canada, or are currently certified by the National Athletic Trainers Association Board of Certification, Inc., or its successor.

(D) For the purposes of this paragraph, the term:

(i) “Athlete” means:

(I) A person participating in, or preparing for a competitive team or individual sport or other athletic activity being conducted by an educational institution, professional athletic organization, or a board-sanctioned amateur athletic organization;

(II) A member of an athletic team; or

(III) Any physically active person seeking treatment for athletic injuries.

(ii) "Athletic injury" means a musculoskeletal or orthopedic injury or other medical condition suffered by an athlete resulting from, or limiting participation in or training for scholastic, recreational, professional, amateur athletic activities, or other physical activities.

(iii) “Treatment” means the prevention, evaluation, recognition, management, treatment, rehabilitation, or reconditioning of an athletic injury, including the usage of appropriate preventative and supportive devices, temporary splinting and bracing, physical modalities of heat, cold, light, massage, water, electric stimulation, sound, and passive or active exercise, temporary mechanical devices, mechanical equipment, or any other therapeutic modality for which an athletic trainer has received appropriate training or education.

(E) Any person who holds a license pursuant to this chapter as an athletic trainer may use the letters “LAT” or “AT” in connection with the person’s name to denote licensure hereunder, and unlicensed persons are prohibited from using in connection with their name or business activity the words “athletic trainer,” “trainer,” “certified athletic trainer,” and “licensed athletic trainer.”

(2B)(A) “Practice of audiology” means the planning, directing, supervising, and conducting of habilitative or rehabilitative counseling programs for individuals or groups of individuals who have, or are suspected of having, disorders of hearing; any service in audiology, including prevention, identification, evaluation, consultation, habilitation or rehabilitation, instruction, and research; participating in hearing conservation, hearing aid and assistive listening device evaluation, selection, preparation, dispensing, and orientation; fabricating ear molds; providing auditory training and speech reading; or administering tests of vestibular function and tests for tinnitus. The practice of audiology includes speech and language screening limited to a pass-or-fail determination for the purpose of identification of individuals with disorders of communication. The practice of audiology does not include the practice of medicine or osteopathic medicine, or the performance of a task in the normal practice of medicine or osteopathic medicine by a person to whom the task is delegated by a licensed physician.

(B) Repealed.

(2C) “Practice by an audiology assistant” means assisting a licensed audiologist in implementing audiology care and treatment plans for patients under the direct supervision and direction of the licensed audiologist.

(2C-i) "Practice of certified midwifery" means the provision of independent management of primary maternity and well-women care by a certified midwife licensed under this chapter to a patient-client in the normal course of childbirth, including prenatal, intrapartum, postpartum, and normal new-born care. The practice of certified midwifery includes:

(A) Prescribing medications, including controlled substances and contraceptive methods;

(B) Admitting, managing, and discharging patients;

(C) Ordering and interpreting laboratory and diagnostic tests and ordering the use of medical devices in the course of care;

(D) Consulting and treating in areas such as health promotion, family planning services, disease prevention, individualized wellness education and counseling, and primary care unrelated to childbirth; and

(E) Management of common health problems that may require consultation, collaborative management, or referral as indicated by the health status of the patient-client, in accordance with standards established by the American College of Nurse-Midwives.

(2D)(A) "Practice of certified professional midwifery" means the provision of primary maternity care and well-women care by a certified professional midwife licensed under this chapter to a patient-client during the preconception, antepartum, intrapartum, and postpartum periods. The practice of certified professional midwifery includes:

(i) Discussing any general or specific risk factors pertaining to the health and circumstances of the patient-client associated with the provision of primary maternity care and well-women care;

(ii) Consulting with the patient-client regarding the conditions under which consultation, transfer of care, or transport are necessary;

(iii) Obtaining the patient-client's health history;

(iv) Performing a physical examination of the patient-client;

(v) Developing a written plan of care that must be provided to a patient-client and included in the medical record specific to the patient-client to ensure continuity of care throughout the antepartum, intrapartum, and postpartum periods, including an emergency birth plan;

(vi) Consulting, collaborating, referring, or transferring care to appropriate health care professionals in accordance with the national standard of care;

(vii) Providing care during the antepartum, intrapartum, postpartum, and newborn periods, including:

(I) Monitoring and evaluating the condition of the patient-client;

(II) Conducting the delivery of a fetus in an out-of-hospital setting or inpatient setting;

(III) Suturing episiotomy or first and second-degree lacerations, including the administration of a local anesthetic; and

(IV) Performing emergency procedures, including:

(aa) Administering approved medications;

(bb) Administering intravenous fluids for stabilization; and

(cc) Performing an emergency episiotomy;

(V) Providing routine care for a newborn, including immediate care at birth, the performance of newborn examination, and the administration of intramuscular vitamin K and eye ointment for prevention of ophthalmia neonatorum; and

(VI) Providing limited care in between pregnancies to facilitate the continuity of care, including the provision of:

(aa) Breastfeeding support and counseling;

(bb) Family planning services, but only to the extent that such services will be limited to natural family planning and the provision of cervical caps and diaphragms in consultation with an appropriate health care provider as necessary; and

(cc) Pap smears, but only to the extent that a patient-client with an abnormal pap smear result will be referred to an appropriately-licensed health care provider.

(B) Subparagraph (A) of this paragraph shall not be interpreted to set, establish, define, enumerate, or otherwise lower the applicable standard of care for a licensed physician, licensed naturopathic physician, certified professional midwife, certified nurse midwife, or licensed basic or advanced emergency medical technician.

(C) Subparagraph (A) of this paragraph shall not be construed as preventing or restricting the practices, services, or activities of:

(i) A licensed physician, licensed naturopathic physician, certified nurse-midwife, or licensed basic or advanced emergency medical technician;

(ii) A member of an American Indian community who provides traditional midwife services to the member's community;

(iii) Any person who, in good faith, engages in the practice of the religious tenets of any church or in any religious act if no fee is contemplated, charged, or received;

(iv) Any person rendering aid in an emergency; or

(v) A student midwife currently enrolled in an accredited midwifery education program and providing services to patient-clients under the direct, on-site, in-person supervision of a certified professional midwife.

(D) Subparagraph (A) of this paragraph shall not be construed to authorize an individual licensed under this chapter to practice certified professional midwifery to:

(i) Provide pharmacological induction or augmentation of labor;

(ii) Conduct surgical delivery or any surgery except an emergency episiotomy;

(iii) Utilize forceps or a vacuum extractor; except, that an individual licensed under this chapter to practice certified professional midwifery shall be authorized to administer a local anesthetic;

(iv) Administer any kind of narcotic analgesic; or

(v) Administer any prescription medication in a manner that violates the requirements of this chapter.

(3)(A) “Practice of Chiropractic” means the detecting and correcting of subluxations that cause vertebral, neuromuscular, or skeletal disorder, by adjustment of the spine or manipulation of bodily articulations for the restoration and maintenance of health; the use of x-rays, physical examination, and examination by noninvasive instrumentation for the detection of subluxations; and the referral of a patient for diagnostic x-rays, tests, and clinical laboratory procedures in order to determine a regimen of chiropractic care or to form a basis or referral of patients to other licensed health care professionals. “Practice of Chiropractic” does not include the use of drugs, surgery, or injections, but may include, upon certification by the Board, counseling about hygienic and other noninvasive ancillary procedures authorized by rules issued pursuant to this chapter.

(B) Nothing in this paragraph shall be construed as preventing or restricting the services or activities of any individual engaged in the lawful practice of cosmetology or massage, provided that the individual does not represent by title or description of services that he or she is a chiropractor.

(3A) “Practice of cytotechnology” means the microscopic study or examination of body fluids, tissues, or cells desquamated from a body surface or lesion for the practice of clinical laboratory science, including detecting malignancy and microbiologic changes and the measurement of hormonal levels.

(4)(A) “Practice of dental hygiene” means the performance of any of the following activities in accordance with the provisions of subparagraph (B) of this paragraph:

(i) A preliminary dental examination; a complete prophylaxis, including the removal of any deposit, accretion, or stain from the surface of a tooth or a restoration; or the polishing of a tooth or a restoration;

(ii) The charting of cavities during preliminary examination, prophylaxis, or polishing;

(iii) The application of a medicinal agent to a tooth for a prophylactic purpose;

(iv) The taking of a dental X-ray;

(v) The instruction of individuals or groups of individuals in oral health care; and

(vi) Any other functions included in the curricula of approved educational programs in dental hygiene.

(B) A dental hygienist may perform the activities listed in subparagraph (A) of this paragraph only under the general supervision of a licensed dentist, in his or her office or any public school or institution rendering dental services. The Mayor may issue rules identifying specific functions authorized by subparagraph (A)(vi) of this paragraph and may require higher levels of supervision for the performance of these functions by a dental hygienist. The license of a dentist who permits a dental hygienist, operating under his or her supervision, to perform any operation other than that permitted under this paragraph, may be suspended or revoked, and the license of a dental hygienist violating this paragraph may also be suspended or revoked, in accordance with the provisions of this chapter.

(C) For the purpose of subparagraph (B) of this paragraph, the term “general supervision” means the performance by a dental hygienist of procedures permitted by subparagraph (A) of this paragraph based on instructions given by a licensed dentist, but not requiring the physical presence of the dentist during the performance of these procedures.

(5) “Practice of dentistry” means:

(A) The diagnosis, treatment, operation, or prescription for any disease, disorder, pain, deformity, injury, deficiency, defect, or other physical condition of the human teeth, gums, alveolar process, jaws, maxilla, mandible, or adjacent tissues or structures of the oral cavity, including the removal of stains, accretions, or deposits from the human teeth;

(B) The extraction of a human tooth or teeth;

(C) The performance of any phase of any operation relative or incident to the replacement or restoration of all or a part of a human tooth or teeth with an artificial substance, material, or device;

(D) The correction of the malposition or malformation of the human teeth;

(E) The administration of an appropriate anesthetic agent, by a dentist properly trained in the administration of the anesthetic agent, in the treatment of dental or oral diseases or physical conditions, or in preparation for or incident to any operation within the oral cavity;

(F) The taking or making of an impression of the human teeth, gums, or jaws;

(G) The making, building, construction, furnishing, processing, reproduction, repair, adjustment, supply or placement in the human mouth of any prosthetic denture, bridge, appliance, corrective device, or other structure designed or constructed as a substitute for a natural human tooth or teeth or as an aid in the treatment of the malposition of malformation of a tooth or teeth, or to advertise, offer, sell, or deliver any such substitute or the services rendered in the construction, reproduction, repair, adjustment, or supply thereof to any person other than a licensed dentist;

(H) The use of an X-ray machine or device for dental treatment or diagnostic purposes, or the giving of interpretations or readings of dental X-rays;

(I) The performance of any of the clinical practices included in the curricula of accredited dental schools or colleges or qualifying residency or graduate programs; or

(J) To be a manager, proprietor, operator, or conductor of a business or place where dental or dental-hygiene services are performed; provided, that this provision shall not apply to:

(i) Federal or District of Columbia government agencies providing dental services within affiliated facilities or engaged in providing public health measures to prevent disease;

(ii) Schools of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental Accreditation of the American Dental Association and providing dental services solely in an educational setting;

(iii) Federally Qualified Health Centers, as designated by the United States Department of Health and Human Services, providing dental services;

(iv) Nonprofit community-based entities or organizations that use a majority of public funds to provide dental and dental-hygiene services for indigent persons;

(v) Hospitals licensed by the Department of Health;

(vi) Partnerships, professional corporations, or professional limited liability companies solely consisting of and operated by dentists licensed under this chapter for the purpose of providing dental services;

(vii) Spouses and domestic partners of deceased licensed dentists for a period of one year following the death of the licensee;

(viii) If all of the ownership interest of the deceased, licensed dentist in a dental office or clinic is held by an administrator, executor, personal representative, guardian, conservator, or receiver of the estate (“appointee”), the appointee may retain the ownership interest for a period of one year following the creation of the ownership interest; and

(ix) An individual or entity acting as the manager, proprietor, operator, or conductor of a business or place where dental or dental-hygiene services are performed who does not have a license to practice dentistry and is not excepted pursuant to sub-subparagraphs (i) through (viii) of this subparagraph may continue to act as the manager, proprietor, operator, or conductor of the business or place where dental or dental-hygiene services are performed for a period of one year following July 7, 2009.

(6)(A) “Practice of dietetics and nutrition” means the application of scientific principles and food management techniques to assess the dietary or nutritional needs of individuals and groups, make recommendations for short-term and long-term dietary or nutritional practices which foster good health, provide diet or nutrition counseling, and develop and manage nutritionally sound dietary plans and nutrition care systems consistent with the available resources of the patient or client.

(B) Nothing in this paragraph shall be construed as preventing or restricting the practices, services, or activities of dietetic technicians and dietetic assistants working under the supervision of a licensed dietitian or nutritionist, other health professionals licensed pursuant to this chapter, or other persons who in the course of their responsibilities offer dietary or nutrition information or deal with nutritional policies or practices on an occasional basis incidental to their primary duties, provided that they do not represent by title or description of services that they are dietitians or nutritionists.

(6A) “Practice by histologic technicians” means the preparation of human and animal tissue samples for microscopic examination.

(6A-i) “Practice of histotechnology” means the preparation and processing of sections of body tissue for examination through the processes of fixation, dehydration, embedding, sectioning, decalcification, microincineration, mounting, and routine staining, and includes the identification of tissue structures, cell components, and their staining characteristics, and relating them to physiologic functions.

(6A-ii)(A) “Practice of home health care administration” means planning, organizing, directing, and controlling the provision of skilled and paraprofessional home health care, including related services, to individuals in out-of-hospital settings, such as private homes, boarding homes, hospices, and shelters.

(B) For the purposes of this chapter, the term “home health care administrator” means a person who oversees the day-to-day operation of the provision of home health care, including compliance with all regulations for home care agency and home health agency administration.

(6B)(A) “Practice of marriage and family therapy” means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of marriage and family systems. The practice of marriage and family therapy involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families, singly or in groups, whether the services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise, for the purpose of treating the diagnosed nervous and mental disorders.

(B) Nothing in subparagraph (A) of this paragraph shall be construed as preventing or restricting the practices, services, or activities of:

(i) A person practicing marriage and family therapy within the scope of the person’s employment or duties at:

(I) A recognized academic institution, or a federal, state, county, or local governmental institution or agency; or

(II) A nonprofit organization that is determined by the Board to meet community needs;

(ii) A person who is a marriage and family therapy intern or person preparing for the practice of marriage and family therapy under qualified supervision in a training institution or facility or under another supervisory arrangement recognized and approved by the Board; provided, that the person is designated by a title clearly indicating the training status, such as “marriage and family therapy intern,” “marriage therapy intern,” or “family therapy intern”; or

(iii) A person who has been issued a temporary permit by the Board to engage in the activities for which licensure is required.

(C) Nothing in this chapter shall be construed as preventing or restricting members of the clergy, or other health professionals licensed under this chapter, including clinical social workers, psychiatric nurses, psychiatrists, psychologists, physicians, or professional counselors, from practicing marriage and family therapy consistent with the accepted standards of their professions; provided, that no such persons shall represent by title or description of services that they are marriage and family therapists.

(6B-i) “Practice by medical laboratory technicians” means performing tests on tissue, blood, and body fluids for the purpose of assisting in the diagnosis and treatment of diseases while working under the supervision of a medical technologist or physician.

(6B-ii) “Practice of medical laboratory technology” means performing clinical laboratory tests and procedures, including: monitoring tests and procedures, and preparing blood, urine, and tissue specimens for analysis; using sophisticated laboratory equipment to look for bacteria, parasites, and other microorganisms; analyzing the chemical content of fluids, matching blood for transfusions; and, testing for drug levels in the blood to show how a patient is responding to treatment, in areas of a clinical laboratory, with the exception of cytotechnology.

(6C)(A) “Practice of massage therapy” means the:

(i) Performance of therapeutic maneuvers in which the practitioner applies massage techniques, including use of the hand or limb to apply touch and pressure to the human body through tapping, stroking, kneading, compression, friction, stretching, vibrating, holding, positioning, or causing movement of an individual’s body to positively affect the health and well-being of the individual;

(ii) Use of adjunctive therapies, including the application of heat, cold, water, and mild abrasives, but excluding galvanic stimulation, ultra sound, doppler vascularizers, diathermy, transcutaneous electrical nerve stimulation, or traction; and

(iii) Education and training of persons in massage therapy techniques.

(B) A licensed massage therapist shall not diagnose disease or injury; prescribe medicines, drugs, or other treatments of disease; or perform adjustments of the articulations of the osseous structure of the body or spine.

(D) Repealed.

(7)(A) “Practice of medicine” means suggesting, recommending, prescribing, or administering, with or without compensation, any form of treatment, operation, drug, medicine, manipulation, electricity, or any physical, mechanical, or healing treatment by other means, for the prevention, diagnosis, correction, or treatment of a physical or mental disease, ailment, injury, condition, or defect of any person, including:

(i) The management of pregnancy and parturition;

(ii) The interpretation of tests, including primary diagnosis of pathology specimens, images, or photographs;

(iii) Offering or performing a surgical operation upon another person;

(iv) Offering or performing any type of invasive procedure of the body, whether through a body opening or a cutting of the skin, or otherwise affecting the layer of skin below the stratum corneum, for surgical, therapeutic, or cosmetic purposes, excluding procedures known as body tattooing or body piercing;

(v) Rendering a written or otherwise documented medical opinion relating to the diagnosis and treatment of a person within the District, or the actual rendering of treatment to a person within the District, by a physician located outside the District as a result of transmission of the person’s medical data by electronic or other means from within the District to the physician or to the physician’s agent;

(vi) Maintaining an office or other place for the purpose of examining persons afflicted with disease, injury, or defect of body or mind;

(vii) Advertising or representing in any manner that one is authorized to practice medicine; or

(viii) Using the designation “Doctor of Medicine,” “Doctor of Osteopathy,” “physician,” “surgeon,” “physician and surgeon,” “M.D.,” or “D.O.,” or a similar designation, or any combination thereof, in the conduct of an occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition, unless the designation additionally contains the description of another branch of the healing arts for which one holds a valid license.

(B) Nothing in this paragraph shall be construed as preventing or restricting other health professionals from offering or undertaking any type of invasive procedure of the body, whether through a body opening or a cutting of the skin, or otherwise affecting the layer of skin below the stratum corneum, for surgical, therapeutic, or cosmetic purposes, if the procedure:

(i) Has been authorized by a licensed physician; or

(ii) Is performed by an advanced practice registered nurse, an anesthesiologist assistant, a dentist, a physician assistant, a podiatrist, a practical nurse, a registered nurse, or a surgical assistant who has received the necessary training and experience to perform the procedure in a safe and effective manner.

(C) Nothing in this paragraph shall be construed as preventing or restricting advanced practice registered nurses from performing their duties as advanced practice registered nurses.

(7A)(A) “Practice of naturopathic medicine” means a system of health care that utilizes education, natural medicines, and natural therapies to support and stimulate a patient’s intrinsic self-healing processes to prevent, diagnose, and treat human conditions and injuries.

(B) The term “practice of naturopathic medicine” does not include the practices of physical therapy, physical rehabilitation, acupuncture, or chiropractic.

(7B) “Practice by nursing assistive personnel” means the performance by unlicensed personnel of assigned patient care tasks that do not require professional skill or judgment within a health care, residential, or community support setting; provided, that the patient care tasks are performed under the general supervision of a licensed health care professional. Nursing assistive personnel includes:

(A) Nursing assistants;

(B) Health aides;

(D) Nurse aides;

(E) Trained medication employees;

(F) Dialysis technicians; and

(G) Any other profession as determined by the Mayor through rulemaking.

(8)(A) “Practice of nursing home administration” means the administration, management, direction, or the general administrative responsibility for an institution or part of an institution that is licensed as a nursing home.

(B) Within the meaning of this paragraph, the term “nursing home” means a 24-hour inpatient facility, or distinct part thereof, primarily engaged in providing professional nursing services, health-related services, and other supportive services needed by the patient or resident.

(9)(A) “Practice of occupational therapy” means:

(i) The therapeutic use of everyday life activities with individuals or groups, with or without compensation, for the purpose of participation in roles and situations in homes, schools, workplaces, communities, and other settings to promote health and welfare for those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction;

(ii) Addressing the physical, cognitive, psycho-social, sensory, or other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect health, well-being, and quality of life;

(iii) The education and training of persons in the direct care of patients through the use of occupational therapy; and

(iv) The education and training of persons in the field of occupational therapy.

(B) An individual licensed as an occupational therapy assistant pursuant to this chapter may assist in the practice of occupational therapy under the general supervision of a licensed occupational therapist.

(C) Nothing in this paragraph shall be construed as preventing or restricting the practices, services, or activities of an occupational therapy aide who works under the immediate supervision of a licensed occupational therapist or licensed occupational therapy assistant, and whose activities do not require advanced training in the basic anatomical, biological, psychological, and social sciences involved in the practice of occupational therapy.

(10)(A) “Practice of optometry” means the application of the scientific principles of optometry in the examination of the human eye, its adnexa, appendages, or visual system, with or without the use of diagnostic pharmaceutical agents to prevent, diagnose, or treat defects or abnormal conditions; the prescription or use of lenses, prisms, orthoptics, vision training or therapy, low vision rehabilitation, therapeutic pharmaceutical agents, or prosthetic devices; or the application of any method, other than invasive surgery, necessary to prevent, diagnose, or treat any defects or abnormal conditions of the human eye, its adnexa, appendages, or visual system.

(B) The Mayor shall issue rules identifying which, and under what circumstances, diagnostic and therapeutic pharmaceutical agents may be used by optometrists pursuant to this paragraph.

(C) An individual licensed to practice optometry pursuant to this chapter may use diagnostic and therapeutic agents only if certified to do so by the Board of Optometry in accordance with the provisions of § 3-1202.07.

(D) Nothing in this paragraph shall be construed to authorize an individual licensed to practice optometry to use surgical lasers; to perform any surgery including cataract surgery or cryosurgery; or to perform radial keratotomy. For the purpose of this subparagraph, the term “surgery” shall not include punctal plugs, superficial foreign body removal, epilation, or dialation and irrigation.

(E) Nothing in this paragraph shall be construed to authorize an individual licensed to practice optometry to administer or prescribe any oral systemic drug except for antibiotics, appropriate analgesics, antihistamines, non-steroidal anti-inflammatories, or medication for the emergency treatment of angle closure glaucoma; to administer or prescribe any injectable systemic drug except for an injection to counter an anaphylactic reaction; or to administer or prescribe any drug for any purpose other than that authorized by this paragraph. For the purposes of this subparagraph, the term “antibiotics” shall not include antiviral or antifungal agents.

(F) Prior to initiating treatment for glaucoma, an optometrist shall consult with the patient’s physician or other appropriate physician. The treatment of angle closure glaucoma by an optometrist shall be limited to the initiation of immediate emergency treatment.

(G) Nothing in this paragraph shall be construed as preventing or restricting the practice, services, or activities of a licensed physician or as prohibiting an optician from providing eyeglasses or lenses on the prescription of a licensed physician or optometrist or a dealer from selling eyeglasses or lenses; provided, that the optician or dealer does not represent by title or description of services that he or she is an optometrist.

(10A)(A) “Practice of pharmaceutical detailing” means the practice by a representative of a pharmaceutical manufacturer or labeler of communicating in person with a licensed health professional, or an employee or representative of a licensed health professional, located in the District of Columbia, for the purposes of selling, providing information about, or in any way promoting a pharmaceutical product.

(B) For the purposes of this paragraph, the term:

(i) “Labeler” means an entity or person that receives pharmaceutical products from a manufacturer or wholesaler and repackages them for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 C.F.R. § 207.20.

(ii) “Manufacturer” means a maker of pharmaceutical products and includes a subsidiary or affiliate of a manufacturer.

(iii) “Pharmaceutical product” means a drug or biologic for human use regulated by the federal Food and Drug Administration.

(11)(A) “Practice of pharmacy” means the interpretation and evaluation of prescription orders; the compounding, dispensing, and labeling of drugs and devices, including self-administered hormonal contraceptives; drug and device selection; responsibility for advising and providing information, where regulated or otherwise necessary, concerning drugs and devices and their therapeutic values, content, hazards, and uses in the treatment and prevention of disease; responsibility for conducting drug-regimen reviews; responsibility for the proper and safe storage and distribution of drugs and devices; the administration of immunizations and vaccinations upon receipt of a written physician protocol and a valid prescription or standing order of a physician when certified by the Board of Pharmacy to do so; conducting health screenings, including obtaining finger-stick blood samples; the offering or performance of those acts, services, operations, and transactions necessary in the conduct, operation, management, and control of a pharmacy; the initiating, modifying, or discontinuing a drug therapy in accordance with a duly executed collaborative practice agreement; and the maintenance of proper records.

(B) Within the meaning of this paragraph, the term:

(i) “Collaborative practice agreement” means a voluntary written agreement between a licensed pharmacist and a licensed physician that has been approved by the Board of Pharmacy and the Board of Medicine, or between a licensed pharmacist and another health practitioner with independent prescriptive authority licensed by a District health occupation board, that defines the scope of practice between the licensed pharmacist and licensed physician, or other health practitioner, for the initiation, modification, or discontinuation of a drug therapy regimen.

(ii) “Pharmacy” means any establishment or institution, or any part thereof, where the practice of pharmacy is conducted; drugs are compounded or dispensed, offered for sale, given away, or displayed for sale at retail; or prescriptions are compounded or dispensed.

(iii) “Prescription” means any order for a drug, medicinal chemical, or combination or mixtures thereof, or for a medically prescribed medical device, in writing, or on an approved electronic form, dated and signed by an authorized health professional, or given orally to a pharmacist by an authorized health professional or the person’s authorized agent and immediately reduced to writing by the pharmacist or pharmacy intern, specifying the address of the person for whom or, with respect to auto-injectable epinephrine, the school to which the drug or device is ordered and directions for use to be placed on the label.

(12)(A) “Practice of physical therapy” means the independent evaluation of human disability, injury, or disease by means of noninvasive tests of neuromuscular functions and other standard procedures of physical therapy, and the treatment of human disability, injury, or disease by therapeutic procedures, embracing the specific scientific application of physical measures to secure the functional rehabilitation of the human body. These measures include the use of therapeutic exercise, therapeutic massage, heat or cold, air, light, water, electricity, or sound for the purpose of correcting or alleviating any physical or mental disability, or preventing the development of any physical or mental disability, or the performance of noninvasive tests of neuromuscular functions as an aid to the detection or treatment of any human condition.

(B) “Practice by physical therapy assistants” means the performance of selected physical therapy procedures and related tasks under the direct supervision of a physical therapist by a person who has graduated from a physical therapy assistant program accredited by an agency recognized for that purpose by the Secretary of the Department of Education or the Council of Postsecondary Accreditation.

(C) Nothing in this paragraph shall be construed as preventing or restricting the practices, services, or activities of a physical therapy aide who works only under the direct supervision of a physical therapist, and whose activities do not require advanced training in, or complex application of, therapeutic procedures or other standard procedures involved in the practice of physical therapy.

(13) “Practice by physician assistants” means the performance, in collaboration with a licensed physician or osteopath, of acts of medical diagnosis and treatment, prescription, preventive health care, and other functions which are authorized by the Board of Medicine pursuant to § 3-1202.03.

(13A) “Practice by physicians-in-training” means the practice of medicine by a medical resident or fellow, or other similar designation, enrolled in a nationally accredited training program or a training program in the District that is approved by the District of Columbia Board of Medicine.

(14) “Practice of podiatry” means to diagnose or surgically, medically, or mechanically treat, with or without compensation, the human foot or ankle, the anatomical structures that attach to the human foot, or the soft tissue below the mid-calf. The term “practice of podiatry” does not include the administration of an anesthetic, other than a local anesthetic.

(14A)(A) “Practice of polysomnography” means the process of analyzing, monitoring, and recording physiologic data during sleep and wakefulness, with or without compensation, to assist in the assessment and diagnosis of sleep-wake disorders and other disorders, syndromes, and dysfunctions that are sleep-related, manifest during sleep, or that disrupt normal sleep-wake cycles and activities.

(B) For the purposes of this paragraph, the term:

(i) “Polysomnographic technician” means a person who is registered with the Board of Medicine and is authorized to perform certain polysomnography procedures as determined by the Board while generally supervised by either a physician who is licensed in the District of Columbia or a polysomnographic technologist who is licensed by the District of Columbia who is on-site or available through voice communication.

(ii) “Polysomnographic technologist” means a person who is licensed with the Board of Medicine and is authorized to practice polysomnography; provided, that a polysomnographic technologist shall practice under the general supervision of a physician who is licensed in the District of Columbia.

(iii) “Polysomnographic trainee” means a person who is registered with the Board of Medicine and authorized to perform basic polysomnography procedures, as determined by the Board, while directly supervised by a physician who is licensed in the District of Columbia, a polysomnographic technologist who is licensed in the District of Columbia, or a polysomnographic technician who is registered in the District of Columbia and on the premises and immediately available for consultation.

(C) Nothing in this paragraph shall be construed as limiting a qualified licensed respiratory care practitioner or licensed physician in his or her scope of practice, including care in connection with the provision of polysomnography services.

(15) “Practice of practical nursing” means the performance of specific nursing services, with or without compensation, designed to promote and maintain health, prevent illness and injury, and provide care based on standards established or recognized by the Board of Nursing; provided, that performance of the services is under the supervision of a registered nurse, advanced practice registered nurse, licensed physician, or other health care provider, as authorized by the Board of Nursing. The practice of practical nursing includes:

(A) Collecting data on the health status of patients;

(B) Evaluating a patient’s status and situation at hand;

(D) Supporting ongoing data collection;

(E) Planning nursing care episodes for patients with stable conditions;

(F) Participating in the development and modification of the comprehensive plan of care for all types of patients;

(G) Implementing appropriate aspects of the strategy of care within a patient-centered health care plan;

(H) Participating in nursing care management through delegating to assistive personnel and assigning to other licensed practical nurses nursing interventions that may be performed by others and do not conflict with this chapter;

(I) Maintaining safe and effective nursing care rendered directly or indirectly;

(J) Promoting a safe and therapeutic environment;

(K) Participating in health teaching and counseling to promote, attain, and maintain optimum health levels of patients;

(L) Serving as an advocate for patients by communicating and collaborating with other health care service personnel; and

(M) Participating in the evaluation of patient responses to interventions.

(15A) "Practice of professional art therapy" means the integrative application of psychotherapeutic principles and methods with specialized training in art media, the neurobiological implications of art-making, and art-based assessment models to assist an individual or group to improve cognitive and sensory-motor functions, increase self-awareness and self-esteem, cope with grief and traumatic experience, resolve conflicts and distress, and enhance social functioning. The practice of professional art therapy includes:

(A) Therapeutic interventions to facilitate alternative modes of receptive and expressive communication, which can circumvent the limitations of verbal articulation; and

(B) Evaluation and assessment to define and implement art-based treatment plans to address developmental, behavioral, cognitive, and emotional needs.

(15B) “Practice of professional counseling” means engaging in counseling or psychotherapy activities, including cognitive behavioral therapy or other modality, with or without compensation, to facilitate human development and to identify and remediate mental, emotional, or behavioral conditions and associated difficulties that interfere with mental health and wellness. The practice of professional counseling includes:

(A) The processes of conducting interviews, tests, and other forms of assessment for the purpose of diagnosing individuals, families, and groups, as outlined in the Diagnostic and Statistical Manual of Disorders or other appropriate classification schemes, and determining treatment goals and objectives; and

(B) Assisting individuals, families, and groups through a professional relationship to achieve long-term effective mental, emotional, physical, spiritual, social, educational, or career development and adjustment.

(16)(A)(i) “Practice of psychology” means the development and application, with or without compensation, of scientific concepts, theories, methods, techniques, procedures, and principles of psychology to aid in the understanding, measuring, explaining, predicting, preventing, fostering, and treating of abilities, disabilities, attributes, or behaviors that are:

(I) Principally cognitive, such as aptitudes, perceptions, attitudes, or intelligence;

(II) Affective, such as happiness, anger, or depression; or

(III) Behavioral, such as physical abuse.

(ii) The term “practice of psychology” includes:

(I) Coaching, consulting, counseling, and various types of therapy, such as behavior therapy, group therapy, hypnotherapy, psychotherapy, and marriage, couples, and family therapy;

(II) Intellectual, personality, behavioral, educational, neuropsychological, and psycho-physiological testing; and

(III) Professional activities, such as research, teaching, training, interviewing, assessment, evaluation, pharmacology, and biofeedback.

(B) Nothing in this paragraph shall be construed as preventing or restricting the practice, services, or activities of:

(i) An individual bearing the title of psychologist in the employ of an academic institution, research organization, or laboratory, if the psychology-based activities or services offered are within the scope of employment, are consistent with his or her professional training and experience, and provided within the confines of employment; or

(ii) A school psychologist employed by District of Columbia Public Schools or a public charter school and working in accordance with regulations issued by the Office of the State Superintendent of Education.

(17) “Practice of registered nursing” means the performance of the full scope of nursing services, with or without compensation, designed to promote and maintain health, prevent illness and injury, and provide care to all patients in all settings based on standards established or recognized by the Board of Nursing. The practice of registered nursing includes:

(A) Providing comprehensive nursing assessment of the health status of patients, individuals, families, and groups;

(B) Addressing anticipated changes in a patient’s condition as well as emerging changes in a patient’s health status;

(D) Synthesizing biological, psychological, spiritual, and social nursing diagnoses;

(E) Planning nursing interventions and evaluating the need for different interventions and the need for communication and consultation with other health care team members;

(F) Collaborating with health care team members to develop an integrated client-centered health care plan as well as providing direct and indirect nursing services of a therapeutic, preventive, and restorative nature in response to an assessment of the patient’s requirements;

(G) Developing a strategy of nursing care for integration within the patient-centered health plan that establishes nursing diagnoses, sets goals to meet identified health care needs, determines nursing interventions, and implements nursing care through the execution of independent nursing strategies and regimens requested, ordered, or prescribed by authorized health care providers;

(H) Performing services such as:

(i) Counseling;

(ii) Educating for safety, comfort, and personal hygiene;

(iii) Preventing disease and injury; and

(iv) Promoting the health of individuals, families, and communities;

(I) Delegating and assigning interventions to implement a plan of care;

(J) Administering nursing services within a health care facility, including the delegation and supervision of direct nursing functions and the evaluation of the performance of these functions;

(K) Delegating and assigning nursing interventions in the implementation of a plan of care along with evaluation of the delegated interventions;

(L) Providing for the maintenance of safe and effective nursing care rendered directly or indirectly as well as educating and training persons in the direct nursing care of patients;

(M) Engaging in nursing research to improve methods of practice;

(N) Managing, supervising, and evaluating the practice of nursing;

(O) Teaching the theory and practice of nursing; and

(P) Participating in the development of policies, procedures, and systems to support the patient.

(17A) “Practice of respiratory care” means the performance in collaboration with a licensed physician, of actions responsible for the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system, including, but not limited to:

(A) Therapeutic and diagnostic use of medical gases, humidity, and aerosols, including the maintenance of associated apparatus;

(B) Administration of medications to the cardiorespiratory system; provision of ventilatory assistance, ventilatory control, including high frequency ventilation; postural drainage, chest physiotherapy, breathing exercises, and other respiratory rehabilitation procedures;

(C) Cardiopulmonary resuscitation and maintenance of natural airways, the insertion and maintenance of artificial airways and the transcription and implementation of a physician’s written or verbal orders pertaining to the practice of respiratory care;

(D) Testing techniques utilized in respiratory care to assist in diagnosis, monitoring, treatment, and research; and

(E) Measurement of ventilatory volumes, pressures and flows, specimen collection of blood and other materials, pulmonary function testing pH and blood gas analysis, hemodynamic and other related physiological monitoring of the cardiopulmonary system.

(18)(A) “Practice of social work” means rendering or offering to render professional services to individuals, families, or groups of individuals that involve the diagnosis and treatment of psychosocial problems according to social work theory and methods. Depending upon the level at which an individual social worker is licensed under this chapter, the professional services may include, but shall not be limited to, the formulation of psychosocial evaluation and assessment, counseling, psychotherapy, referral, advocacy, mediation, consultation, research, administration, education, and community organization.

(B) Nothing in this paragraph shall be construed to authorize any person licensed as a social worker under this chapter to engage in the practice of medicine.

(19)(A) “Practice of speech-language pathology” means the application of principles, methods, or procedures related to the development and disorders of human communication, including any condition, whether of organic or non-organic origin, that impedes the normal process of human communication including disorders and related disorders of speech, articulation, fluency, voice, oral, or written language; auditory comprehension and processing; oral, pharyngeal or laryngeal sensorimotor competencies; swallowing; auditory or visual processing; auditory or visual memory or cognition; communication; and assisted augmentative communication treatment and devices.

(B) The term practice of speech-language pathology also includes the planning, directing, supervising, and conducting of a habilitative and rehabilitative counseling program for individuals or groups of individuals who have, or are suspected of having, disorders of communication, and any service in speech-language pathology including prevention, identification, evaluation, consultation, habilitation or rehabilitation, instruction, or research.

(C) The practice of speech-language pathology may include pure-tone air conduction hearing screening, screening tympanometry, and acoustic reflex screening, limited to a pass-or-fail determination for the identification of individuals with other disorders of communication and may also include aural habilitation or rehabilitation, which means the provision of services and procedures for facilitating adequate auditory, speech, and language skills in individuals with hearing impairment. The practice of speech-language pathology does not include the practice of medicine or osteopathic medicine, or the performance of a task in the normal practice of medicine or osteopathic medicine by a person to whom the task is delegated by a licensed physician.

(D) Repealed.

(19A) “Practice by a speech-language pathology assistant” means assisting a licensed speech-language pathologist in implementing speech-language pathology care and treatment plans for patients under the direct supervision and direction of the licensed speech-language pathologist.

(19B) “Practice by a speech-language pathology clinical fellow” means the practice of speech-language pathology by a participant in a clinical fellowship that meets the definition set forth in § 3-1209.11.

(20) “Practice by surgical assistants” means the provision of aid by a person who is not a physician licensed to practice medicine, under the direct supervision of a surgeon licensed in the District of Columbia, in exposure, hemostasis, closures, and other intraoperative technical functions that assist a physician in performing a safe operation with optimal results for the patient.

(21) “Practice by trauma technologists” means the provision of emergency medical care to trauma patients in a Level 1 trauma facility as designated by the Director of the Department of Health pursuant to Chapters 27 and 28 of Subtitle B of Title 22 of the District of Columbia Municipal Regulations (22-B DCMR § 2700 et seq. and § 2800 et seq.), under either the direct or indirect supervision of a physician licensed to practice medicine in the District of Columbia.

(22) “Practice of veterinary medicine” means:

(A) The diagnosis, prognosis, prevention, testing, or treatment of a disease, pain, deformity, defect, injury, or any other physical condition of an animal;

(B) Performing a surgical, medical, or dental procedure, or rendering surgical, medical, or dental aid to, for, or upon an animal;

(D) Prescribing, administering, or dispensing of drugs or medications for use on animals or for euthanasia of an animal.

§ 3–1201.03. Scope of chapter.

(a) This chapter does not limit the right of an individual to practice a health occupation that he or she is otherwise authorized to practice under this chapter, nor does it limit the right of an individual to practice any other profession that he or she is authorized to practice under the laws of the District.

(b) The practices of health occupations regulated by this chapter are not intended to be mutually exclusive.

(c) This chapter shall not be construed to prohibit the practice of a health occupation by an individual enrolled in a recognized school or college as a candidate for a degree or certificate in a health occupation, or enrolled in a recognized postgraduate training program provided that the practice is:

(1) Performed as a part of the individual’s course of instruction;

(2) Under the supervision of a health professional who is either licensed to practice in the District or qualified as a teacher of the practice of the health occupation by the board charged with the regulation of the health occupation;

(3) Performed at a hospital, nursing home, health facility, or veterinary facility operated by the District or federal government, a health education center, or other health-care facility considered appropriate by the school or college; and

(4) Performed in accordance with procedures established by the board charged with the regulation of the health occupation.

(d) Nothing in this chapter shall be construed to require licensure for or to otherwise regulate, restrict, or prohibit individuals from engaging in the practices, services, or activities set forth in the paragraphs of this subsection if the individuals do not hold themselves out, by title, description of services, or otherwise, to be practicing any of the health occupations regulated by this chapter. Nothing in this subsection shall be construed as exempting any of the following categories from other applicable laws and regulations of the District or federal government:

(1) Any minister, priest, rabbi, officer, or agent of any religious body or any practitioner of any religious belief engaging in prayer or any other religious practice or nursing practiced solely in accordance with the religious tenets of any church for the purpose of fostering the physical, mental, or spiritual well-being of any person;

(2) Any person engaged in the care of a friend or member of the family, including the domestic administration of family remedies, or the care of the sick by domestic servants, housekeepers, companions, or household aids of any type, whether employed regularly or because of an emergency or illness, or other volunteers;

(3) Any individual engaged in the lawful practice of audiology, speech pathology, X-ray technology, laboratory technology, or respiratory therapy;

(4) An orthotist or prosthetist engaged in fitting, making, or applying splints or other orthotic or prosthetic devices;

(5) Any individual engaged in the practice of cosmetology or the operation of a health club;

(6) Any individual engaged in the commercial sale or fitting of shoes or foot appliances; or

(7) Marriage and family therapists, marriage counselors, art therapists, drama therapists, attorneys, or other professionals working within the standards and ethics of their respective professions.

(e) This chapter shall not be construed to prohibit the practice of a health occupation by an individual who has filed an initial application for licensure in the health occupation and is awaiting action on that initial application, provided the practice is performed:

(1) Under the supervision of a health professional licensed in the District;

(2) At a hospital, nursing home, health facility, or veterinary facility operated by the District or federal government, or other health care facility or veterinary facility considered appropriate by the Board; and

(3) In accordance with any other requirements established by the Mayor.

(f) This chapter does not prohibit the practice of a health occupation by an individual who is authorized to practice the health occupation under Chapter 23C of Title 7 [§ 7-2361.01 et seq.], while an emergency declaration is in effect.

(Mar. 25, 1986, D.C. Law 6-99, § 103, 33 DCR 729; July 22, 1992, D.C. Law 9-126, § 2(c), 39 DCR 3824; Mar. 23, 1995, D.C. Law 10-247, § 2(c), 42 DCR 457; July 7, 2009, D.C. Law 18-17, § 2(b), 56 DCR 3622; July 1, 2010, D.C. Law 18-184, § 14(c), 57 DCR 3655; Mar. 26, 2014, D.C. Law 20-96, § 102(d), 61 DCR 1184.)

Prior Codifications

1981 Ed., § 2-3301.3.

Section References

This section is referenced in § 2-1801.06.

Effect of Amendments

D.C. Law 18-17, in subsec. (d)(5), deleted “, the practice of nontherapeutic massage,” following “cosmetology”.

D.C. Law 18-184, in the section heading, inserted “; exemption for services provided during emergency”; and added subsec. (c).

The 2014 amendment by D.C. Law 20-96 substituted “health facility, or veterinary facility” for “or health facility” in (c)(3); and added “or veterinary facility” twice in (e)(2).

§ 3–1201.04. Persons licensed under prior law.

(a) Except as expressly provided to the contrary in this chapter, any person licensed, registered, or certified by any agency of the District established or continued by any statute amended, repealed, or superseded by this chapter is considered for all purposes to be licensed, registered, or certified by the appropriate health occupations board established under this chapter for the duration of the term for which the license, registration, or certification was issued, and may renew that authorization in accordance with the appropriate renewal provisions of this chapter.

(b) Except as provided to the contrary in this chapter, an individual who was originally licensed, registered, or certified under a provision of law that has been deleted by this chapter continues to meet the education and experience requirements as if that provision had not been deleted.

(c) Each employee of the Commission on Mental Health Services who was employed at St. Elizabeths Hospital prior to October 1, 1987, and who accepted employment with the District government on October 1, 1987, without a break in service, shall, within 27 months of appointment by the District government, meet all licensure requirements. If the employee does not meet all licensure requirements, the employee shall be issued a limited license subject to the provisions, limitations, conditions, or restrictions that shall be determined by the appropriate board or commission. The limited license shall not exceed the term of employment with the Commission on Mental Health Services.

Subchapter II. Establishment of Health Occupation Boards and Advisory Committees; Membership; Terms.

§ 3–1202.01. Board of Dentistry.

(a) There is established a Board of Dentistry consisting of 7 members appointed by the Mayor with the advice and consent of the Council.

(b) The Board of Dentistry shall regulate the practices of dentistry and dental hygiene and dental assistants, issue teaching licenses as provided under § 3-1205.08b, and issue certifications to dentists and facilities where dentistry is practiced to permit a dentist to administer general or sedation anesthesia.

(c) Of the members of the Board, 5 shall be dentists licensed in the District, 1 shall be a dental hygienist licensed in the District, and 1 shall be a consumer member.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

(e) Of the members initially appointed under this section, 2 shall be appointed for a term of 1 year, 2 shall be appointed for a term of 2 years, and 3 shall be appointed for a term of 3 years. The terms of the members first appointed shall begin on the date that a majority of the first members are sworn in, which shall become the anniversary date for all subsequent appointments.

(f) The Board shall provide advice to the Mayor concerning limitations, which the Mayor may impose by rule, on the number of dental hygienists who may be supervised by 1 dentist, provided that the limit may not be reduced below the ratio of 2 dental hygienists to 1 dentist, and provided that this limitation shall not apply to dentists or dental hygienists who are employees of, or operating pursuant to a contract with, the District or federal government.

(g) The Board of Dentistry may adopt regulations governing:

(1) The administration of general anesthesia by a licensed dentist;

(2) The administration of sedation by a licensed dentist;

(3) The issuance of a certification to a facility where a dentist administers or has general anesthesia or sedation administered; and

(4) The issuance of a certification to a dentist who administers or has general anesthesia or sedation administered.

(h) Pursuant to § 7-1671.07, the Board shall review and audit written recommendations for the use of medical marijuana issued by dentists pursuant to § 7-1671.04 and shall have the authority to discipline any dentist who has acted outside the scope of the dentist's authority under Chapter 16B of Title 7.

(Mar. 25, 1986, D.C. Law 6-99, § 201, 33 DCR 729; Oct. 7, 1987, D.C. Law 7-31, § 3(a), 34 DCR 3789; July 7, 2009, D.C. Law 18-15, § 2(d), 56 DCR 3616; Mar. 26, 2014, D.C. Law 20-96, § 102(e), 61 DCR 1184; Feb. 18, 2017, D.C. Law 21-209, § 3(a), 63 DCR 15291.)

Prior Codifications

1981 Ed., § 2-3302.1.

Section References

This section is referenced in § 1-523.01.

Effect of Amendments

D.C. Law 18-15 rewrote subsec. (b), which had read as follows: “(b) The Board shall regulate the practice of dentistry and dental hygiene.”

The 2014 amendment by D.C. Law 20-96 rewrote (b), which previously read “The Board shall regulate the practices of dentistry and dental hygiene and dental assistants”; and added (g).

§ 3–1202.02. Board of Dietetics and Nutrition.

(a) There is established a Board of Dietetics and Nutrition to consist of 5 members appointed by the Mayor.

(b) The Board shall regulate the practice of dietetics and nutrition.

(c) Of the members of the Board, 4 shall be licensed dieticians or licensed nutritionists and one shall be a consumer member who is not licensed as a dietician or nutritionist.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

(e) Of the members initially appointed under this section, 1 shall be appointed for a term of 1 year, 1 shall be appointed for a term of 2 years, and 1 shall be appointed for a term of 3 years.

§ 3–1202.03. Board of Medicine; Advisory Committees on Acupuncture, Anesthesiologist Assistants, Naturopathic Medicine, Physician Assistants, Polysomnography, Surgical Assistants, Trauma Technologists, Athletic Trainers, and Certified Professional Midwives.

(a)(1) There is established a Board of Medicine to consist of 15 members appointed by the Mayor with the advice and consent of the Council.

(2) The Board shall regulate the practice of medicine the practice of acupuncture with the advice of the Advisory Committee on Acupuncture, the practice by anesthesiologists assistants with the advice of the Advisory Committee on Anesthesiologists Assistants, the practice of naturopathic medicine with the advice of the Advisory Committee on Naturopathic Medicine, the practice by physician assistants with the advice of the Advisory Committee on Physician Assistants, the practice of surgical assistants with the advice of the Advisory Committee on Surgical Assistants, the practice by physicians-in-training, the practice of trauma technologists with the advice of the Advisory Committee on Trauma Technologists, the practice of athletic trainers with the advice of the Advisory Committee on Athletic Trainers, and the practices of doulas and certified professional midwives with the advice of the Advisory Committee on Maternal Care Professionals.

(3) Of the members of the Board, 10 shall be physicians licensed to practice in the District, 4 shall be consumer members, and 1 shall be the Director of the Department of Health, or his or her designee.

(4) In selecting nominees to the Board, the Mayor shall consult with appropriate officials of professional medical societies and schools of medicine located in the District, and shall submit nominees whose professional training and experience provide a representative sample of the medical specialties practiced in the District.

(5) Except as provided in paragraph (6) of this subsection, members of the Board shall be appointed for terms of 3 years. This paragraph shall not apply to the Director of the Department of Health who shall serve for the duration of his or her term as Director.

(6) Of the members initially appointed under this section, 3 shall be appointed for a term of 1 year, 3 shall be appointed for a term of 2 years, and 4 shall be appointed for a term of 3 years. The terms of the members first appointed shall begin on the date that a majority of the first members are sworn in, which shall become the anniversary date for all subsequent appointments.

(7)(A) The Mayor shall appoint an executive director who shall be a full-time employee of the District to administer and implement the orders of the Board in accordance with this chapter and rules and regulations issued pursuant to this chapter.

(B) On or before January 1, 2007, in addition to the executive director, the Mayor shall require, at a minimum, that an investigator, an attorney, and 2 clerical support staff be hired, which persons shall be full-time employees of the District and whose work shall be limited solely to administering and implementing the orders of the Board in accordance with this chapter and rules and regulations issued pursuant to this chapter. The mandatory minimum number of employees established under this section shall not restrict the Mayor’s ability to authorize additional staff.

(8) The Board shall provide recommendations to the Mayor for his or her consideration in developing and issuing rules authorizing:

(A) The practice of acupuncture in accordance with guidelines approved by the Advisory Committee on Acupuncture;

(B) Repealed;

(B-i) The practice by anesthesiologist assistants in accordance with guidelines approved by the Advisory Committee on Anesthesiologist Assistants;

(B-ii) The practice of naturopathic medicine in accordance with guidelines approved by the Advisory Committee on Naturopathic Medicine;

(C) The practice by physician assistants in accordance with guidelines approved by the Advisory Committee on Physician Assistants;

(C-i) The practice of polysomnography in accordance with guidelines approved by the Advisory Committee on Polysomnography;

(D) The practice of surgical assistants in accordance with guidelines approved by the Advisory Committee on Surgical Assistants;

(E) The practice by physicians-in-training;

(F) The practice of trauma technologists in accordance with guidelines approved by the Advisory Committee on Trauma Technologists;

(G) The practice of athletic trainers in accordance with guidelines approved by the Advisory Committee on Athletic Trainers;

(H) The practice of certified professional midwifery in accordance with guidelines issued by the Advisory Committee on Maternal Care Professionals; and

(I) The practice of doulas in accordance with guidelines issued by the Advisory Committee on Maternal Care Professionals.

(a-1)(1) The Board shall waive the educational and examination requirements for any applicant for licensure as a physician assistant who can demonstrate, to the satisfaction of the Board, that he or she has performed the function of a physician assistant, as defined in this chapter and rules issued pursuant to this chapter, on a full-time or substantially full-time basis continuously for at least 36 months immediately preceding March 25, 1986, and is qualified to do so on the basis of pertinent education, training, experience, and demonstrated current competence, provided that application for the license is made within 12 months of July 25, 1990.

(2) An applicant licensed under paragraph (1) of this subsection shall be eligible for license renewal on the same terms as any other licensed physician assistant.

(a-2) Pursuant to § 7-1671.07, the Board shall review and audit written recommendations for the use of medical marijuana issued by a physician, individual licensed to practice naturopathic medicine, or physician assistant pursuant to § 7-1671.04 and shall have the authority to discipline any physician, individual licensed to practice naturopathic medicine, or physician assistant who has acted outside the scope of such person's authority under Chapter 16B of Title 7 [§ 7-1671.01 et seq.].

(b) Repealed.

(c-1) Repealed.

(c-2) Repealed.

(d) Repealed.

(d-1) Repealed.

(d-2) Repealed.

(d-3) Repealed.

(e) Repealed.

(f) Repealed.

(g) Repealed.

(h)(1) The Board may convene a subcommittee, of either members of the Board or nonmembers of the Board, to provide advice and assistance on a specified issue or discipline under the purview of the Board.

(2) The individuals appointed pursuant to this subsection shall be exempt from §§ 3-1204.01(a) and (b), 3-1204.02, and 3-1204.03. The Board shall specify:

(A) The purpose and scope of the subcommittee;

(B) The qualifications for appointment;

(D) The powers, duties, and responsibilities of each individual; and

(E) Any other criteria that the Board considers necessary and appropriate.

(Mar. 25, 1986, D.C. Law 6-99, § 203, 33 DCR 729; Oct. 7, 1987, D.C. Law 7-31, § 3(b), 34 DCR 3789; Jan. 30, 1990, D.C. Law 8-60, § 2, 36 DCR 7386; July 25, 1990, D.C. Law 8-152, § 2, 37 DCR 3743; Mar. 21, 1995, D.C. Law 10-231, § 2(c), 42 DCR 15; Mar. 23, 1995, D.C. Law 10-247, § 2(d), 42 DCR 457; July 8, 2004, D.C. Law 15-172, § 2(c), 51 DCR 4938; Mar. 16, 2005, D.C. Law 15-237, § 2(c), 51 DCR 10593; Oct. 20, 2005, D.C. Law 16-33,§ 5022, 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191, § 17(a), 53 DCR 6794; Mar. 6, 2007, D.C. Law 16-228, § 2(c), 53 DCR 10244; Mar. 14, 2007, D.C. Law 16-263, § 201(a), 54 DCR 807; Mar. 25, 2009, D.C. Law 17-353, § 188(a), 56 DCR 1117; July 7, 2009, D.C. Law 18-12, § 2(b), 56 DCR 3605; July 27, 2010, D.C. Law 18-210, § 3(a), 57 DCR 4798; Mar. 14, 2012, D.C. Law 19-104, § 2(b), 59 DCR 435; Jan. 25, 2014, D.C. Law 20-64, § 2(c), 60 DCR 16533; May 2, 2015, D.C. Law 20-271, § 201, 62 DCR 1884; Feb. 18, 2017, D.C. Law 21-209, § 3(b), 63 DCR 15291; Apr. 11, 2019, D.C. Law 22-300, § 2(b), 66 DCR 2024; June 17, 2020, D.C. Law 23-97, § 2(c), 67 DCR 3912; Nov. 13, 2021, D.C. Law 24-45, § 5042(c), 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-170, § 3(b), 69 DCR 009207.)

Prior Codifications

1981 Ed., § 2-3302.3.

Section References

This section is referenced in § 1-523.01 and § 3-1201.02.

Effect of Amendments

D.C. Law 15-172, in the section heading, substituted “, Naturopathic Medicine, and” for “and”; in subsec. (a), added “the practice of naturopathic medicine with the advice of the Advisory Committee on Naturopathic Medicine” after “Advisory Committee on Acupuncture” in par. (2), deleted “and” in subpar. (A) of par. (8), and added subpar. (B-1) of par. (8); added subsec. (c-1); in subsec. (e), substituted “Naturopathic Medicine, and Physician” for “and Physician” and substituted “Commissioner of Public Health or the Director of the Department of Health, or to their designees” for “Commissioner of Public Health or his or her designee”; and rewrote subsec. (f). Prior to amendment, subsec. (f) had read as follows: “(f) Upon request by the Board, the Advisory Committees on Acupuncture and Physician Assistants shall review applications for licensure to practice acupuncture or to practice as a physician assistant, respectively, and shall forward recommendations to the Board for action.”

D.C. Law 15-237, in the section heading, inserted “Anesthesiologist Assistants,”; in par. (2) of subsec. (a), inserted “the practice by anesthesiologist assistants with the advice of the Advisory Committee on Anesthesiologist Assistants,”; in par. (8) of subsec. (a), redesignated former subpar. (B-1) as (B-2) and added new subpar. (B-1); redesignated former subsec. (c-1) as (c-2) and added new subsec. (c-1); in subsec. (e), inserted “Anesthesiologist Assistants,”; and, in subsec. (f), inserted “Anesthesiologist Assistants,” and “an anesthesiologist assistant or”.

D.C. Law 16-33, in subsec. (a)(3), substituted “Director of the Department of Health, or his or her designee” for “Commissioner of Public Health”; in subsec. (a)(5), substituted “Director of the Department of Health” for “Commissioner of Public Health”, and substituted “as Director” for “as Commissioner”; in subsec. (b)(3), substituted “Director of the Department of Health” for “Commissioner of Public Health”; in subsec. (d), substituted “Director of the Department of Health” for “Commissioner of Public Health”; and in subsec. (e), substituted “Director of the Department of Health, or his or her designee” for “Commissioner of Public Health or the Director of the Department of Health, or to their designees”.

D.C. Law 16-191, in subsec. (a)(8)(B-1), validated a previously made technical correction.

D.C. Law 16-228, in the section heading, substituted “ Surgical Assistants” for “and Physician Assistants”; in subsec. (a), par. (2), substituted “the practice of physician assistants with the advice of the Advisory Committee on Physician Assistants, and the practice of surgical assistants with the advice of the Advisory Committee on Surgical Assistants” for “and the practice of physician assistants with the advice of the Advisory Committee on Physician Assistants”; in subsec. (a), par. (8), added subparagraph (D); added subsec. (c-3); and in subsecs. (e) and (f), added surgical assistants to the scope of each respective subsection.

D.C. Law 16-263, in subsec. (a)(7), designated subpar. (A) and added subpar. (B).

D.C. Law 17-353, in subsec. (a)(8), substituted the subparagraph designations (B-i) and (B-ii) for (B-1) and (B-2), respectively.

D.C. Law 18-12, in the section heading, inserted “Polysomnography,”; in subsec. (a)(8), deleted “and” from the end of subpars. (B-ii) and (C) and added subpar. (C-i); redesignated subsec. (c-3) as (d-2); and added subsec. (d-1).

D.C. Law 18-210 added subsec. (a-2).

D.C. Law 19-104, in subsec. (a)(1), substituted “15” for “11”; in subsec. (a)(2), substituted “Assistants, the practice of surgical assistants with the advice of the Advisory Committee on Surgical Assistants, and the practice by physicians-in-training. ” for “Assistants, and the practice of surgical assistants with the advice of the Advisory Committee on Surgical Assistants.”; in subsec. (a)(3), substituted “10” for “7” and “4” for “3”; in subsec. (a)(8), redesignated subpar. (c-1) as (c-i) and substituted a semicolon for a period at the end, substituted “; and” for a period in subpar. (D), and added subpar. (E); and added subsec. (h).

The 2014 amendment by D.C. Law 20-64 added “Trauma Technologists” to the section heading and (e); added “the practice of trauma technologists with the advice of the Advisory Committee on Trauma Technologists” to the end of (a)(2); added (a)(8)(F); added (d-3); rewrote (f); and made related changes.

The 2015 amendment by D.C. Law 20-271 repealed (b), (c-1), (c-2), (d), (d-1), (d-2), (d-3), (e), and (f).

Applicability

Applicability of D.C. Law 23-97: § 6 of D.C. Law 23-97 provided that the change made to this section by § 2(c) of D.C. Law 23-97 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5042(c) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 day) amendment of section, see § 5022 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of this section, see § 201 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 201 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of District of Columbia Health Occupations Revision Act of 1985 Physician Assistants Temporary Amendment Act of 1989 (D.C. Law 8-60, January 30, 1990, law notification 37 DCR 1210).

Short Title

Short title of subtitle C of title V of Law 16-33: Section 5021 of D.C. Law 16-33 provided that subtitle C of title V of the act may be cited as the Board of Medicine Amendment Act of 2005.

Editor's Notes

Section 5 of D.C. Law 23-97 provided that the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of D.C. Law 23-97.

§ 3–1202.04. Board of Nursing.

(a) There is established a Board of Nursing to consist of 11 members appointed by the Mayor with the advice and consent of the Council.

(b)(1) The Board shall regulate the practice of advanced practice registered nursing, certified midwifery, registered nursing, practical nursing, and nursing assistive personnel. Advanced practice registered nursing shall include the categories of nurse midwife, nurse anesthetist, nurse-practitioner, and clinical nurse specialist.

(2) The Board shall recommend for promulgation by the Mayor curricula and standards required for the approval of nursing schools and nursing programs in the District of Columbia. At a minimum, the Board shall require that nursing schools and nursing programs be accredited by a Board-recognized national nursing accrediting agency. The Board may also recommend to the Mayor rules governing the procedures for withdrawing approval of nursing schools and nursing programs.

(c) Of the members of the Board, 7 shall be registered nurses licensed and practicing in the District; 2 shall be practical nurses licensed in the District; and 2 shall be consumer members.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

(e) Of the members initially appointed under this section, 3 shall be appointed for a term of 1 year, 4 shall be appointed for a term of 2 years, and 4 shall be appointed for a term of 3 years. The terms of the members first appointed shall begin on the date that a majority of the first members are sworn in, which shall become the anniversary date for all subsequent appointments.

(f) The Mayor shall appoint an executive director, who shall be a full-time employee of the District, to administer and implement the orders of the Board in accordance with this subchapter and rules and regulations issued pursuant to this subchapter.

(g) Pursuant to § 7-1671.07, the Board shall review and audit written recommendations for the use of medical marijuana issued by advanced practice registered nurses pursuant to§ 7-1671.04 and shall have the authority to discipline any advanced practice registered nurse who has acted outside the scope of the advanced practice registered nurse's authority under Chapter 16B of Title 7.

(Mar. 25, 1986, D.C. Law 6-99, § 204, 33 DCR 729; Oct. 7, 1987, D.C. Law 7-31, § 3(c), 34 DCR 3789; Mar. 23, 1995, D.C. Law 10-247, § 2(e), 42 DCR 457; July 7, 2009, D.C. Law 18-18, § 2(c), 56 DCR 3624; Feb. 18, 2017, D.C. Law 21-209, § 3(c), 63 DCR 15291; Dec. 29, 2021, D.C. Law 24-46, § 2(c), 68 DCR 011642.)

Prior Codifications

1981 Ed., § 2-3302.4.

Section References

This section is referenced in § 1-523.01, § 7-1301.03, and § 44-1051.02.

Effect of Amendments

D.C. Law 18-18 rewrote subsec. (b); and added subsec. (f).

Editor's Notes

Establishment of Nursing Shortage Study Commission: Section 2 of D.C. Law 7-35 provided for the establishment of the District of Columbia Nursing Shortage Study Commission, including the appointment, membership, duration, focus of study, reports, reimbursement, office space and support personnel.

§ 3–1202.05. Board of Long-Term Care Administration.

(a) There is established a Board of Long-Term Care Administration to consist of 7 members appointed by the Mayor with the advice and consent of the Council.

(b) The Board shall regulate the practice of nursing home administration, the practice of assisted living administration, and the practice of home health care administration.

(c) Of the members of the Board, 2 shall be nursing home administrators licensed in the District, one shall be an assisted living administrator licensed in the District, one shall be an educator from an institution of higher learning engaged in teaching health care administration, one shall be an allied health professional licensed in the District who has a demonstrated interest in long-term care, one shall be a health professional licensed in the District who has experience in long-term care such as a social worker or other long-term care professional such as a home health care administrator, and one shall be a consumer member.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

(e) Of the members initially appointed under this section, 2 shall be appointed for a term of one year, 2 shall be appointed for a term of 2 years, and 3 shall be appointed for a term of 3 years. The terms of the members first appointed shall begin on the date that a majority of the first members are sworn in, which shall become the anniversary date for all subsequent appointments.

§ 3–1202.06. Board of Occupational Therapy.

(a) There is established a Board of Occupational Therapy to consist of 5 members appointed by the Mayor.

(b) The Board shall regulate the practice of occupational therapy and the practice by occupational therapy assistants, dance therapists, and recreation therapists.

(c) Of the members of the Board, 3 shall be occupational therapists licensed in the District, one shall be a recreation therapist registered in the District, and 1 shall be a consumer member.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

(e) Of the members initially appointed under this section, 1 shall be appointed for a term of 1 year, 2 shall be appointed for a term of 2 years, and 2 shall be appointed for a term of 3 years.

§ 3–1202.07. Board of Optometry.

(a) There is established a Board of Optometry to consist of 5 members appointed by the Mayor.

(b) The Board shall regulate the practice of optometry.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

(e) Of the members initially appointed under this section, 1 shall be appointed for a term of 1 year, 2 shall be appointed for a term of 2 years, and 2 shall be appointed for a term of 3 years.

(f) The Board shall grant applications by licensed optometrists for certification to administer diagnostic pharmaceutical agents for applicants who demonstrate to the satisfaction of the Board that they have:

(1) Successfully completed a Board-approved course in general and ocular pharmacology as it relates to the practice of optometry, that consists of at least 55 classroom hours, including a minimum of 10 classroom hours of clinical laboratory, offered or approved by an accredited institution of higher education; and

(2) Passed an examination administered or approved by the Board on general and ocular pharmacology designed to test knowledge of the proper use, characteristics, pharmacological effects, indications, contraindications, and emergency care associated with the use of diagnostic pharmaceutical agents.

(g) The Board shall grant applications for certification to administer therapeutic pharmaceutical agents to applicants who demonstrate to the satisfaction of the Board that they have:

(1) Been certified by the Board to use diagnostic pharmaceutical agents;

(2) Successfully completed a Board-approved course in the use of therapeutic pharmaceutical agents as it relates to the practice of optometry, offered by an accredited institution of higher learning; and

(3) Passed an examination administered or approved by the Board on the use of therapeutic pharmaceutical agents.

§ 3–1202.08. Board of Pharmacy and Advisory Committee on Clinical Laboratory Practitioners.

(a) There is established a Board of Pharmacy to consist of 7 members appointed by the Mayor.

(b)(1) The Board shall regulate the practice of pharmacy, the practice of pharmaceutical detailing, the practice of pharmacy technicians, and the practice of clinical laboratory practitioners with guidelines approved by the Advisory Committee on Clinical Laboratory Practitioners.

(1A) The Board shall administer the examination required for cytotechnologists, histologic technicians, histotechnologists, medical laboratory technicians, and medical technologists.

(2) The Board is authorized to:

(A) Establish a code of ethics for the practice of pharmaceutical detailing; and

(B) Collect information from licensed pharmaceutical detailers relating to their communications with licensed health professionals, or with employees or representatives of licensed health professionals, located in the District.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

(e) Of the members initially appointed under this section, 2 shall be appointed for a term of 1 year, 2 shall be appointed for a term of 2 years, and 3 shall be appointed for a term of 3 years.

(f) An individual licensed to practice pharmacy pursuant to this chapter may administer immunizations and vaccinations only if certified to do so by the Board and only pursuant to a written protocol and valid prescription or standing order of a physician.

(g) The Board and the Board of Medicine shall jointly develop and promulgate regulations to implement and regulate the administration of vaccinations and immunizations by pharmacists and to authorize pharmacists certified to administer vaccinations and immunizations to administer emergency anaphylactic reaction treatment pursuant to an approved physician-pharmacist protocol.

(g-1)(1) An individual licensed to practice pharmacy pursuant to this chapter may prescribe and dispense up to a 12-month supply of self-administered hormonal contraceptives if certified to do so by the Board and pursuant to a written protocol established by the Board and the Board of Medicine under paragraph (2) of this subsection.

(2) The Board and the Board of Medicine shall jointly develop and issue regulations establishing protocols for the prescription and dispensation of self-administered hormonal contraceptives. The protocols shall include the following requirements:

(A) If the pharmacist has not already undergone training as part of the pharmacist's formal educational program, that the pharmacist complete a training program approved by the Board and the Board of Medicine for prescribing and dispensing self-administered hormonal contraceptives;

(B) That the patient use a self-screening tool developed by the Board and the Board of Medicine that will identify patient risk factors for the use of self-administered hormonal contraceptives, based on the current United States Medical Eligibility Criteria for Contraceptive Use developed by the Centers for Disease Control and Prevention;

(C) That a pharmacist may determine, based on the results of the self-screening tool described in subparagraph (B) of this paragraph, when it is safe to dispense a 12-month supply of self-administered hormonal contraceptives;

(D) That when a self-administered hormonal contraceptive is prescribed and dispensed, the patient shall be provided, in a manner that ensures patient confidentiality, appropriate counseling and information on the product furnished, including dosage, effectiveness, potential side effects, safety, the importance of receiving recommended preventive health screenings, and that a self-administered hormonal contraceptive does not protect against sexually transmitted infections;

(E) That the pharmacist refer the patient to the patient's primary care provider or reproductive health provider or, if the patient does not have a primary care provider or reproductive health provider, to a nearby clinic, upon prescribing and dispensing a self-administered hormonal contraceptive pursuant to this subsection or if it is determined that the use of a self-administered hormonal contraceptive is not recommended; and

(F) That the pharmacist provide the patient with written material, developed by the Board and the Department of Health, describing all U.S. Food and Drug Administration-approved contraceptives, including Long-Acting Reversible Contraceptives.

(3) The reimbursement to a pharmacist from an individual health plan or group health plan, and health insurance coverage through Medicaid or the D.C. Healthcare Alliance program for services required by regulations issued pursuant to paragraph (2) of this subsection, shall be limited to an amount determined through regulation by the Department of Insurance, Securities, and Banking.

(4) This subsection does not alter the requirement under federal and District of Columbia law that the provision of contraceptive drugs, devices, products, and services, including contraceptive counseling, shall be covered without cost-sharing, which includes the prescription and provision of contraceptives by any in-network provider, including a pharmacist.

(5) The Board shall maintain a list of all pharmacists certified to prescribe and dispense contraception, including the location of the pharmacy where the pharmacist currently practices, and make that list readily accessible to the public.

(6) A pharmacy shall display in stores and online a list of the times during which a pharmacist certified to prescribe and dispense contraception is available.

(7) The Board shall provide to all licensed pharmacists annual notice of the requirements of this subsection, including opportunities for training.

(9) By January 1, 2019, the Board and the Board of Medicine, in consultation with the American Congress of Obstetricians and Gynecologists, shall jointly develop and promulgate regulations to implement the provisions of this subsection.

(h)(1) A licensed pharmacist may initiate, modify, or discontinue a drug therapy regimen pursuant to a collaborative practice agreement with a licensed physician, or, pursuant to § 3-1204.12, other health practitioner.

(2) The Board and the Board of Medicine shall jointly develop and issue regulations governing the implementation and use of collaborative practice agreements between a licensed pharmacist and a licensed physician. At minimum, the regulations shall:

(A) Require that all collaborative practice agreements include:

(i) Specification of the drug therapy to be provided and any tests that may be necessarily incident to its provision;

(ii) The conditions for initiating, modifying, or discontinuing a drug therapy; and

(iii) Directions concerning the monitoring of a drug therapy, including the conditions that would warrant a modification to the dose, dosage regime, or dosage form of the drug therapy; and

(B) Establish policies and procedures for approving, disapproving, and revoking collaborative practice agreements.

(i) There is established an Advisory Committee on Clinical Laboratory Practitioners, which shall consist of 5 members appointed by the Mayor.

(j) The Advisory Committee on Clinical Laboratory Practitioners shall develop and submit to the Board guidelines for the licensure of cytotechnologists, histologic technicians, histotechnologists, medical laboratory technicians, medical technologists, and the registration of phlebotomists.

(k) Of the members of the Advisory Committee on Clinical Laboratory Practitioners, one shall be a pathologist certified by the American Board of Pathology or the American Board of Osteopathic Pathology; one shall be a medical technologist and supervisor; one shall be a medical technologist who is not a supervisor; one shall be a medical laboratory technician; and one shall be a consumer member with no direct affiliation with clinical laboratory practitioners or another health profession. Of the members of the Advisory Committee on Clinical Laboratory Practitioners, one shall be a pathologist certified by the American Board of Pathology or the American Board of Osteopathic Pathology; one shall be a medical technologist and supervisor; one shall be a medical technologist who is not a supervisor; one shall be a medical laboratory technician; and one shall be a consumer member with no direct affiliation with clinical laboratory practitioners or another health profession.

(l) The qualifications for the professional members of the Advisory Committee on Clinical Laboratory Practitioners shall be as follows:

(1) The pathologist, for at least 3 years preceding appointment, shall have been actively engaged as a pathologist in rendering professional services in pathology or in the education and training of medical personnel in pathology.

(2) The medical technologist, for at least 3 years preceding the appointment, shall have been actively engaged as a medical technologist in rendering professional services in medical technology or in the education and training of medical technologists.

(3) The medical laboratory technician, for at least 3 years preceding the appointment, shall have been actively engaged as a medical laboratory technician in rendering professional services as a medical technician.

(m) The initial appointees of the Advisory Committee on Clinical Laboratory Practitioners, with the exception of the pathologist and the consumer representative, shall become licensed in the profession in which they have been practicing immediately upon their appointment and qualification as members of the Advisory Committee on Clinical Laboratory Practitioners.

§ 3–1202.09. Board of Physical Therapy.

(a) There is established a Board of Physical Therapy to consist of 7 members appointed by the Mayor.

(b) The Board shall regulate the practice of physical therapy, including practice by physical therapist assistants.

(c) Of the members of the Board, 4 shall be physical therapists licensed in the District, 2 shall by physical therapy assistants licensed in the District, and 1 shall be a consumer member.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

(e) Of the members initially appointed under this section, 1 shall be appointed for a term of 1 year, 2 shall be appointed for a term of 2 years, and 2 shall be appointed for a term of 3 years.

(Mar. 25, 1986, D.C. Law 6-99, § 209, 33 DCR 729; Mar. 6, 2007, D.C. Law 16-220, § 2(b), 53 DCR 10216; Mar. 26, 2014, D.C. Law 20-96, § 102(g), 61 DCR 1184; Apr. 11, 2019, D.C. Law 22-300, § 2(c), 66 DCR 2024.)

Prior Codifications

1981 Ed., § 2-3302.9.

Section References

This section is referenced in § 1-523.01.

Effect of Amendments

D.C. Law 16-220, in subsec. (a), increased the size of the Board of Physical Therapy from 5 members to 7 members; in subsec. (b), inserted “including practice by physical therapy assistants”; and, in subsec. (c), substituted “the District, 2 shall be physical therapy assistants licensed in the District” for “the District”.

The 2014 amendment by D.C. Law 20-96 rewrote (b), which previously read, “The Board shall regulate the practice of physical therapy, including practice by physical therapy assistants.”

§ 3–1202.10. Board of Podiatry.

(a) There is established a Board of Podiatry to consist of 3 members appointed by the Mayor.

(b) The Board shall regulate the practice of podiatry.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

(e) Of the members initially appointed under this section, 1 shall be appointed for a term of 1 year, 1 shall be appointed for a term of 2 years, and 1 shall be appointed for a term of 3 years.

§ 3–1202.11. Board of Psychology.

(a) There is established a Board of Psychology to consist of 5 members appointed by the Mayor with the advice and consent of the Council.

(b) The Board shall regulate the practice of psychology and the practice by psychology associates.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

(e) Of the members initially appointed under this section, 1 shall be appointed for a term of 1 year, 2 shall be appointed for a term of 2 years, and 2 shall be appointed for a term of 3 years. The terms of the members first appointed shall begin on the date that a majority of the first members are sworn in, which shall become the anniversary date for all subsequent appointments.

§ 3–1202.12. Board of Social Work.

(a) There is established a Board of Social Work to consist of 5 members appointed by the Mayor with the advice and consent of the Council.

(b) The Board shall regulate the practice of social work, including categories of specialties within the social work profession.

(c) Of the members of the Board, 4 shall be social workers licensed in the District, representing each of the 4 licensing categories established by subchapter VIII of this chapter, and 1 shall be a consumer member.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

§ 3–1202.13. Board of Professional Counseling.

(a) There is established a Board of Professional Counseling to consist of 5 members appointed by the Mayor.

(b) The Board shall regulate the practices of professional counseling, professional art therapy, and addiction counseling.

(c) Members of the Board shall serve a 3-year term. Of the members first appointed to the Board, one member shall be appointed to a one-year term, 2 members shall be appointed to a 2-year term, and 2 members shall be appointed to a 3-year term.

(d) Of the members of the Board, 2 shall be professional counselors licensed in the District, one shall be an educator engaged in teaching counseling, one shall be a professional art therapist, one shall be a consumer member, and one shall have at least 5 years of experience in the field of addiction counseling.

(Mar. 25, 1986, D.C. Law 6-99, § 213; as added July 22, 1992, D.C. Law 9-126, § 2(d), 39 DCR 3824; July 7, 2009, D.C. Law 18-13, § 2(c), 56 DCR 3608; June 24, 2020, D.C. Law 23-115, § 2(c), 67 DCR 5077.)

Prior Codifications

1981 Ed., § 2-3302.13.

Section References

This section is referenced in § 1-523.01.

Effect of Amendments

D.C. Law 18-13 rewrote subsec. (b); and, in subsec. (d), substituted “one shall be a consumer member, and one shall have at least 5 years of experience in the field of addiction counseling” for “and 1 shall be a consumer member”. Prior to amendment, subsec. (b) read as follows: “(b) The Board shall regulate the practice of professional counseling.”

Applicability

Section 7081 of D.C. Law 23-149 repealed section 3 of D.C. Law 23-115 removing the applicability provision impacting this section. Therefore, the amendment of this section by Law 23-115 has been implemented.

Applicability of D.C. Law 23-115: § 3 of D.C. Law 23-115 provided that the change made to this section by § 2(c) of D.C. Law 23-115 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

§ 3–1202.14. Board of Respiratory Care.

(a) There is established a Board of Respiratory Care to consist of 5 members appointed by the Mayor with the advice and consent of the Council.

(b) The Board shall regulate the practice of respiratory therapy.

(c) Of the members of the Board, 3 shall be respiratory therapists licensed in the District; 1 shall be a physician with knowledge and experience in the practice of respiratory care; and 1 shall be a consumer member.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

§ 3–1202.15. Board of Massage Therapy.

(a) There is established a Board of Massage Therapy to consist of 5 members appointed by the Mayor.

(b) The Board shall regulate the practice of massage therapy.

(c) Of the members of the Board, 4 shall be massage therapists licensed in the District and 1 shall be a consumer member.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

(e) Of the members initially appointed under this section, 1 shall be appointed for the term of 1 year, 2 shall be appointed for a term of 2 years, and 2 shall be appointed for a term of 3 years. The terms of the members first appointed shall begin on the date that a majority of the first members are sworn in, which shall become the anniversary date for all subsequent appointments.

§ 3–1202.16. Board of Chiropractic.

(a) There is established a Board of Chiropractic to consist of 5 members appointed by the Mayor with the advice and consent of the Council.

(b) The Board shall regulate the practice of chiropractic.

(c) Of the members of the Board, 3 shall be doctors of chiropractic licensed to practice in the District, 1 shall be the Director of the Department of Health or his or her designee, and 1 shall be a consumer member.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

(e) The members of the Advisory Committee on Chiropractic abolished by the Chiropractic Licensing Amendment Act of 1994 shall continue to serve as members of the Board of Chiropractic established by this section until the expiration of their terms on the Advisory Committee or until successors are appointed, whichever occurs later, and may be reappointed.

(Mar. 25, 1986, D.C. Law 6-99, § 216; as added Mar. 21, 1995, D.C. Law 10-231, § 2(d), 42 DCR 15; Apr. 18, 1996, D.C. Law 11-110, § 7(a), 43 DCR 530; Mar. 6, 2007, D.C. Law 16-228, § 2(d), 53 DCR 10244.)

Prior Codifications

1981 Ed., § 2-3302.16.

Section References

This section is referenced in § 1-523.01.

Effect of Amendments

D.C. Law 16-228, in subsec. (c), substituted “Director of the Department of Health” for “Commissioner of Public Health”.

References in Text

The reference in (e) to the “Chiropractic Licensing Amendment Act of 1994” refers to D.C. Law 10-231.

The Advisory Committee on Chiropractic, referred to in (e), was abolished by § 2(c)(5) of D.C. Law 10-231.

§ 3–1202.17. Board of Marriage and Family Therapy.

(a) There is established a Board of Marriage and Family Therapy, which shall consist of 5 members appointed by the Mayor with the advice and consent of the Council.

(b) The Board shall regulate the practice of marriage and family therapy.

(c) Of the members of the Board, 4 shall be marriage and family therapists licensed in the District and one shall be a consumer member with no direct affiliation with the practice of marriage and family therapy of another mental health profession. The professional members shall have:

(1) For at least 3 years preceding the appointment, been actively engaged in rendering professional services in marriage and family therapy as marriage and family therapists, the education and training of master’s, doctoral, or post-doctoral students of marriage and family therapy, or marriage and family therapy research; and

(2) For the 2 years preceding the appointment, spent the majority of their time devoted to one of the activities described in paragraph (1) of this subsection.

(d) The Mayor shall designate one Board member to serve as chairperson during the term of his or her appointment to the Board. No person may serve as chairperson for more than 4 years.

(e) Except as provided is subsection (f) of this section, members of the Board shall be appointed for terms of 3 years.

(f) Of the members initially appointed under this section, 3 shall be appointed for a term of 3 years, and 2, including the chairperson, shall be appointed for a term of 4 years.

§ 3–1202.18. Board of Audiology and Speech-Language Pathology.

(a) There is established a Board of Audiology and Speech-Language Pathology, which shall consist of 7 members appointed by the Mayor.

(b) The Board shall regulate the practice of audiology, the practice of speech pathology, the practice of audiology and speech-language pathology assistants, and the practice of speech-language pathology clinical fellows.

(d) Of the members of the Board, 2 shall be practicing audiologists, 3 shall be practicing speech-language pathologists, and 2 shall be consumer members with no direct affiliation with either the practice of audiology or the practice of speech-language pathology or other health profession. The professional members shall:

(1) For audiology, at least 3 years preceding appointment, have been actively engaged as an audiologist in rendering professional services in audiology or in the education and training of masters, doctoral, or postdoctoral students of audiology in audiology research, and for the 2 years preceding the appointment, have spent the majority of their time devoted to one of the activities listed in this paragraph.

(2) For speech pathology, at least 3 years preceding the appointment, have been actively engaged as a speech-pathologist in rendering professional services in speech pathology or in the education and training of masters, doctoral, or postdoctoral students of speech pathology in speech-pathology research, and for the 2 years preceding the appointment, have spent the majority of their time devoted to one of the activities listed in this paragraph.

(3) For otolaryngology, at least 3 years preceding the appointment, have been actively engaged as an otolaryngologist in rendering professional services in otolaryngology or in the education and training of masters, doctoral, or postdoctoral students of otolaryngology in otolaryngology research, and for the 2 years preceding the appointment have spent the majority of their time devoted to one of the activities listed in this paragraph.

(e) Except as provided in subsection (g) of this section, members of the Board shall be appointed for terms of 4 years. No person may be appointed more than once to fill an unexpired term or more than 2 consecutive full terms.

(f) The initial appointees, with the exception of the representatives of the general public and the Otolaryngologist, shall be deemed to be and shall become licensed audiologists and speech-language pathologists immediately upon their qualification and appointment as members of the Board.

(g) Of the members initially appointed, 2 shall be appointed for 2 years, 2 shall be appointed for 3 years, and 3 members, including the chairperson, shall be appointed for 4 years.

(h) The Mayor shall designate one Board member to serve as chairperson during the term of his or her appointment to the Board. No person may serve as chairperson for more than 4 years.

§ 3–1202.19. Boards of Allied Health executive director.

The Mayor shall appoint an executive director, who shall be a full-time employee of the District, to implement and administer the orders of the Boards of Allied Health in accordance with this chapter and rules and regulations issued pursuant to this chapter.

§ 3–1202.20. Boards of Behavioral Health executive director.

The Mayor shall appoint an executive director, who shall be a full-time employee of the District, to implement and administer the orders of the Boards of Behavioral Health in accordance with this chapter and rules and regulations issued pursuant to this chapter.

§ 3–1202.21. Board of Veterinary Medicine.

(a) There is established a Board of Veterinary Medicine to consist of 5 members appointed by the Mayor with the advice and consent of the Council.

(b) The Board shall regulate the practices of veterinarians, veterinary technicians, and veterinary euthanasia technicians in the District of Columbia, and shall advise the Mayor with respect to the regulation of veterinary facilities.

(c) Of the members of the Board, 3 shall be licensed veterinarians, one shall be a veterinary technician, and one shall be a consumer.

(d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years.

(e) The members of the Board of Veterinary Examiners serving on March 26, 2014, shall become members of the Board of Veterinary Medicine and shall continue to serve on the Board of Veterinary Medicine for the remainder of their terms.

§ 3–1202.22. Board of Veterinary Medicine executive director.

The Mayor shall appoint an executive director to implement and administer the orders of the Board of Veterinary Medicine in accordance with this chapter and the rules and regulations issued pursuant to this chapter.

Subchapter III. Administration.

§ 3–1203.01. Administration.

The boards established by this chapter shall be under the administrative control of the Mayor.

§ 3–1203.02. Responsibilities of Mayor.

The Mayor shall be responsible for:

(1) Planning, developing, and maintaining procedures to ensure that the boards receive administrative support, including staff and facilities, sufficient to enable them to perform their responsibilities;

(2) Processing and providing licenses as required and approved by the boards;

(3) Providing investigative and inspection services;

(4) Holding hearings on cases pursuant to guidelines established in § 3-1205.19 when requested to do so by the board, and appointing hearing officers to enable the boards to hold hearings;

(5) Furnishing expert services in noncompliance cases brought in an administrative or court proceeding;

(6) Providing budgetary and personnel services;

(7) Maintaining central files of records pertaining to licensure, inspections, investigations, and other matters requested by the boards;

(8) Furnishing facilities and staff for hearings and other proceedings;

(9) Providing information to the public concerning licensing requirements and procedures;

(10) Publishing and distributing procedural manuals concerning licensing and inspections and other materials prepared by the boards;

(11) Assisting, supplying, furnishing, and performing other administrative, clerical, and technical support the Mayor determines is necessary or appropriate;

(12) Issuing rules, as the Mayor may periodically determine to be necessary to protect the health and welfare of the citizens of the District, for the temporary licensure for a fixed period of time not to exceed 90 days and under conditions to be prescribed by the Mayor by rule, of applicants for licensure to practice a health occupation in the District, except the Mayor may provide for the issuance of temporary licenses to applicants for licensure to practice social work and marriage and family therapy for a period not to exceed 1 year, and to applicants for licensure to practice as anesthesiologist assistants for a period not to exceed 2 years;

(13) Making necessary rules relating to the administrative procedures of the boards; and

(14) Issuing all rules necessary to implement the provisions of this chapter.

(Mar. 25, 1986, D.C. Law 6-99, § 302, 33 DCR 729; Oct. 1, 1992, D.C. Law 9-165, § 2, 39 DCR 5817; Mar. 10, 2004, D.C. Law 15-88, § 2(e), 50 DCR 10999; Mar. 16, 2005, D.C. Law 15-237, § 2(d), 51 DCR 10593; Mar. 2, 2007, D.C. Law 16-191, § 17(b), 53 DCR 6794.)

Prior Codifications

1981 Ed., § 2-3303.2.

Section References

This section is referenced in § 3-1205.04.

Effect of Amendments

D.C. Law 15-88, in par. (12), substituted “social work and marriage and family therapy” for “social work”.

D.C. Law 15-237, in par. (12), substituted “to exceed 1 year, and to applicants for licensure to practice as anesthesiologist assistants for a period not to exceed 2 years;” for “exceeding 1 year;”.

D.C. Law 16-191, in par. (12), validated a previously made technical correction.

Emergency Legislation

For temporary amendment of section, see § 2 of the District of Columbia Health Occupations Revision Act of 1985 Temporary Licensure of Social Workers Emergency Amendment Act of 1992 (D.C. Act 9-148, January 28, 1992, 39 DCR 714). Section 3 of D.C. Act 9-148 provided that any 90-day temporary licenses to practice social work issued prior to January 28, 1992, shall be extended automatically for a period of 1 year from the date the license was issued, subject to any conditions prescribed by the mayor pursuant to § 302(12) of the act.

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of District of Columbia Health Occupations Revision Act of 1985 Temporary Licensure of Social Workers Temporary Amendment Act of 1992 (D.C. Law 9-92, April 8, 1992, law notification 39 DCR 2858).

Editor's Notes

District of Columbia Nursing Home Advisory Commission established: See Mayor’s Order 88-60, March 15, 1988.

Delegation of Authority

Delegation of authority pursuant to the “District of Columbia Health Occupations Revision Act of 1985”, see Mayor’s Order 98-140, August 20, 1998 ( 45 DCR 6593).

Subchapter IV. General Provisions Relating to Health Occupation Boards.

§ 3–1204.01. Qualifications of members.

(a)(1) The consumer members of each board shall be residents of the District at the time of their appointments and while they are members of the board.

(2) At least 50% of professional members of each board shall be residents of the District at the time of their appointments and while they are members of the board.

(3) The chairperson of each board shall be a District resident while they are a member of the board.

(b)(1) Each professional member of a board, in addition to the requirements of subsection (a) of this section, shall have been engaged in the practice of the health occupation regulated by the board for at least 3 years preceding appointment.

(1A) In addition to meeting the requirements of paragraph (1) of this subsection, each professional member of a board who is not a District resident shall:

(A) Be actively engaged in the practice of the health occupation regulated by the board in the District while they are a member of the board;

(B) Have a physical practice, or be employed, in the District in which they are physically present in the District for at least 20 hours per week; and

(2) The dietitian and nutritionist members initially appointed to the Board of Dietetics and Nutrition, the nonphysician acupuncturist member initially appointed to the Advisory Committee on Acupuncture, the anesthesiologist assistant member initially appointed to the Advisory Committee on Anesthesiologist Assistants, the physician assistant member initially appointed to the Advisory Committee on Physician Assistants, the polysomnographic technologist members initially appointed to the Advisory Committee on Polysomnography, the surgical assistant member initially appointed to the Advisory Committee on Surgical Assistants, the trauma technologist member initially appointed to the Advisory Committee on Trauma Technologists, the respiratory care members initially appointed to the Board of Respiratory Care, the social worker members initially appointed to the Board of Social Work, the professional counselor members initially appointed to the Board of Professional Counseling, the audiologist and speech-language pathologist members initially appointed to the Board, the clinical laboratory practitioner members initially appointed to the Board, the naturopathic physician member initially appointed to the Advisory Committee on Naturopathic Medicine, marriage and family therapist members initially appointed to the Board of Marriage and Family Therapy, the professional art therapist member initially appointed to the Board, and the massage therapy members initially appointed to the Board of Massage Therapy shall be eligible for and shall file a timely application for licensure in the District. The advanced registered nurse members initially appointed to the Board of Nursing shall be licensed in the District as registered nurses, shall meet the qualifications of this chapter to practice their respective specialties, shall have practiced their respective specialties for at least 3 years preceding appointment, and shall file a timely application for certification to practice their respective specialties. The veterinary technician member initially appointed to the Board of Veterinary Medicine shall be eligible for and shall file a timely application for certification in the District.

(1) Be at least 18 years old;

(2) Not be a health professional or in training to become a health professional;

(3) Not have a household member who is a health professional or is in training to become a health professional; and

(4) Not own, operate, or be employed in or have a household member who owns, operates, or is employed in a business which has as its primary purpose the sale of goods or services to health professionals or health-care facilities.

(d) Within the meaning of subsection (c) of this section, the term “household member” means a relative, by blood, marriage, or domestic partnership, or a ward of an individual who shares the individual’s actual residence.

(e)(1) The office of a member of a board or advisory committee shall be forfeited upon the member's failure to maintain the qualifications required by this chapter.

(2) The Mayor's Office of Talent and Appointments shall verify on an annual basis the qualifications required by this chapter of the appointed members of a board or advisory committee.

(f) Each professional member of a board or advisory committee shall disqualify himself or herself from acting on his or her own application for licensure or license renewal or on any other matter related to his or her practice of a health occupation.

(Mar. 25, 1986, D.C. Law 6-99, § 401, 33 DCR 729; July 22, 1992, D.C. Law 9-126, § 2(e), 39 DCR 3824; Mar. 14, 1995, D.C. Law 10-203, § 2(d), 41 DCR 7707; Mar. 14, 1995, D.C. Law 10-205, § 2(c), 41 DCR 7712; Apr. 18, 1996, D.C. Law 11-110, § 7(a), 43 DCR 530; March 10, 2004, D.C. Law 15-88, § 2(f), 50 DCR 10999; July 8, 2004, D.C. Law 15-172, § 2(d), 51 DCR 4938; Mar. 16, 2005, D.C. Law 15-237, § 2(e), 51 DCR 10593; Mar. 6, 2007, D.C. Law 16-219, § 2(e), 53 DCR 10211; Mar. 6, 2007, D.C. Law 16-228, § 2(e), 53 DCR 10244; Sept. 12, 2008, D.C. Law 17-231, § 10(b), 55 DCR 6758; July 7, 2009, D.C. Law 18-12, § 2(c), 56 DCR 3605; Jan. 25, 2014, D.C. Law 20-64, § 2(d), 60 DCR 16533; Mar. 26, 2014, D.C. Law 20-96, § 102(j), 61 DCR 1184; May 2, 2015, D.C. Law 20-272, § 2(d), 62 DCR 1911; June 24, 2020, D.C. Law 23-115, § 2(d), 67 DCR 5077; Jan. 23, 2024, D.C. Law 25-109, § 2, 70 DCR 15466.)

Prior Codifications

1981 Ed., § 2-3304.1.

Section References

This section is referenced in § 3-1202.03.

Effect of Amendments

D.C. Law 15-88, in subsec. (b)(2), inserted “marriage and family therapist members initially appointed to the Board of Marriage and Family Therapy,” after “Board of Professional Counseling”.

D.C. Law 15-172, in par. (2) of subsec. (b), substituted “Counseling, the naturopathic physician member initially appointed to the Advisory Committee on Naturopathic Medicine,” for “Counseling,”.

D.C. Law 15-237, in par. (2) of subsec. (b), inserted “the anesthesiologist assistant member initially appointed to the Advisory Committee on Anesthesiologist Assistants,”.

D.C. Law 16-219, in subsec. (b)(2), substituted “appointed to the Board of Professional Counseling, the audiologist and speech-language pathologist members initially appointed to the Board” for “appointed to the Board of Professional Counseling”.

D.C. Law 16-228, in subsec. (b)(2), inserted “the surgical assistant member initially appointed to the Advisory Committee on Surgical Assistants” following “the Advisory Committee on Physician Assistants,”.

D.C. Law 17-231, in subsec. (d), substituted “by blood, marriage, or domestic partnership” for “by blood or marriage”.

D.C. Law 18-12, in subsec. (b)(2), substituted “Physician Assistants, the polysomnographic technologist members initially appointed to the Advisory Committee on Polysomnography, the surgical” for “Physician Assistants, the surgical”.

The 2014 amendment by D.C. Law 20-64 added “the trauma technologist member initially appointed to the Advisory Committee on Trauma Technologists” in (b)(2).

The 2014 amendment by D.C. Law 20-96 added the last sentence of (b)(2).

The 2015 amendment by D.C. Law 20-272 added “the clinical laboratory practitioner members initially appointed to the Board” in (b)(2).

Applicability

Applicability of D.C. Law 23-115: § 3 of D.C. Law 23-115 provided that the change made to this section by § 2(d) of D.C. Law 23-115 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

§ 3–1204.02. Terms of members; filling of vacancies.

(a) The terms of members of a board or advisory committee, after the initial terms, shall expire on the 3rd anniversary of the date the 1st members constituting a quorum take the oath of office.

(b) At the end of a term, a member shall continue to serve until a successor is appointed and sworn into office.

(d) A member appointed to fill a vacancy shall serve only until the expiration of the term or until a successor is appointed and sworn into office.

§ 3–1204.03. Limitation on consecutive terms.

No member of a board or advisory committee shall be appointed to serve more than 3 full consecutive 3-year terms; provided, that the Mayor may appoint a member of a board to serve more than 3 full terms if considered necessary.

(Mar. 25, 1986, D.C. Law 6-99, § 403, 33 DCR 729; July 18, 2009, D.C. Law 18-26, § 2(d)(1), 56 DCR 4043.)

Prior Codifications

1981 Ed., § 2-3304.3.

Section References

This section is referenced in § 3-1202.03.

Effect of Amendments

D.C. Law 18-26 substituted “terms; provided, that the Mayor may appoint a member of a board to serve more than 3 full terms if considered necessary” for “terms”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(d)(1) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1204.04. Removal.

(a) The Mayor may remove a member of a board or advisory committee for incompetence, misconduct, or neglect of duty, after due notice and a hearing.

(b) The failure of a member of a board or advisory committee to attend at least 1/2 of the regular, scheduled meetings of the board or advisory committee within a 12-month period shall constitute neglect of duty within the meaning of subsection (a) of this section.

§ 3–1204.05. Officers; meetings; quorum.

(a) From among the members of each board and advisory committee, the Mayor shall designate a chairperson.

(b) Each board and advisory committee shall determine the times and places of its meetings and shall publish notice of regular meetings at least 1 week in advance in the District of Columbia Register.

(d) An affirmative vote of a majority of a quorum shall be required to approve a measure before a board.

§ 3–1204.06. Compensation.

Members of each board and advisory committee shall be entitled to receive compensation in accordance with § 1-611.08, and in addition shall be reimbursed for reasonable travel and other expenses incurred in the performance of their duties.

§ 3–1204.07. Staff.

For each board, the Mayor may set the compensation of personnel he or she deems advisable, subject to available appropriations, in accordance with Chapter 6 of Title 1.

§ 3–1204.08. General powers and duties.

Each board shall:

(1) Administer and enforce the provisions of this chapter, and rules and regulations issued pursuant to this chapter, related to the health occupation regulated by the board;

(2) Evaluate the qualifications and supervise the examinations of applicants for licenses, either personally or through the use of consultant services;

(3) Make recommendations to the Mayor, upon request by the Mayor or when the board determines it necessary, for standards and procedures to be used in determining the acceptability of foreign education and training programs as substantially equivalent to the requirements of this chapter;

(4) Issue licenses to qualified applicants;

(5) Issue subpoenas, examine witnesses, and administer oaths;

(6) Receive and review complaints of violations of this chapter or rules and regulations issued pursuant to this chapter;

(7) Request the Mayor, on its own initiative or on the basis of a complaint, to conduct investigations of allegations of practices violating the provisions of this chapter with respect to the health occupation regulated by the board; and

(8) Conduct hearings and keep records and minutes necessary to carry out its functions.

(9) Issue advisory opinions regarding compliance with acceptable standards of practice.

§ 3–1204.09. Fees.

(a) Except as provided in subsection (b) of this section, the Mayor is authorized to establish a fee schedule for all services related to the regulation of all health occupations under this chapter, in accordance with the requirements of District law.

(b)(1) The fee for the issuance of a medical license shall be set by the Board of Medicine; provided, that the fee shall be no less than $500 and shall be sufficient to fund the programmatic needs of the Board.

(2) The fee for the issuance of a license to practice pharmaceutical detailing shall be set by the Board of Pharmacy.

(3) The fee for the issuance of a license to practice by a physician-in-training, if any, shall be determined by the Board of Medicine.

(Mar. 25, 1986, D.C. Law 6-99, § 409, 33 DCR 729; Mar. 14, 2007, D.C. Law 16-263, § 201(b), 54 DCR 807; Mar. 26, 2008, D.C. Law 17-131, § 102(d), 55 DCR 1659; Mar. 14, 2012, D.C. Law 19-104, § 2(c), 59 DCR 435.)

Prior Codifications

1981 Ed., § 2-3304.9.

Effect of Amendments

D.C. Law 16-263 inserted “; provided, that the fee for the issuance of a medical license shall be set by the Board of Medicine; provided further, that the fee shall be no less than $500 and shall be sufficient to fund the programmatic needs of the Board”.

D.C. Law 17-131 rewrote the section, which had read as follows: “The Mayor is authorized to establish a fee schedule for all services related to the regulation of all health occupations under this chapter, in accordance with the requirements of District law; provided, that the fee for the issuance of a medical license shall be set by the Board of Medicine; provided further, that the fee shall be no less than $500 and shall be sufficient to fund the programmatic needs of the Board.”

D.C. Law 19-104 added subsec. (b)(3).

§ 3–1204.10. Disposition of funds.

All fees, civil fines, and other funds collected pursuant to this chapter shall be deposited to the General Fund of the District.

§ 3–1204.11. Annual report.

Each board shall, before January 1 of each year, submit a report to the Mayor and the Council of its official acts during the preceding fiscal year.

§ 3–1204.12. Collaborative practice agreements; expansion.

In addition to the authority granted by this chapter to physicians and pharmacists to enter into collaborative practice agreements, the Mayor may authorize, in consultation with the relevant health occupation board, through rulemaking, additional licensed health practitioners to enter into collaborative practice agreements with pharmacists.

Subchapter V. Licensing, Registration, or Certification of Health Professionals.

§ 3–1205.01. License, registration, or certification required.

(a)(1) A license issued pursuant to this chapter is required to practice acupuncture, advanced practice addiction counseling, advanced practice registered nursing, assisted living administration, audiology, chiropractic, certified midwifery, certified professional midwifery, cytotechnology, dental hygiene, dentistry, dietetics, histotechnology, home health care administration, marriage and family therapy, massage therapy, medical laboratory technology, medicine, naturopathic medicine, nutrition, nursing home administration, occupational therapy, optometry, pharmaceutical detailing, pharmacy, physical therapy, podiatry, practical nursing, professional counseling, psychology, registered nursing, respiratory care, social work, speech-language pathology, veterinary medicine, or to practice as an anesthesiologist assistant, athletic trainer, personal fitness trainer, physician assistant, physical therapy assistant, polysomnographic technologist, occupational therapy assistant, surgical assistant, professional art therapy, or as a trauma technologist in the District, except as otherwise provided in this chapter.

(2) Registration is required to practice as an audiology assistant, dental assistant, nursing assistive personnel, phlebotomist, psychology associate, polysomnographic technician or trainee, speech-language pathology assistant, or speech-language pathology clinical fellow.

(3) Certification is required to practice as an addiction counselor I, addiction counselor II, doula, veterinary technician, or a veterinary euthanasia technician.

(4) Except for administering general or sedation anesthesia in a hospital as defined in § 44-501(a)(1), a federal agency or facility, or a dental school, certification is required for a dentist, or for a facility where dentistry is practiced, to administer general or sedation anesthesia.

(5) A license issued to practice advanced practice registered nursing shall further specify that the license is being issued to practice as a:

(A) Certified nurse practitioner;

(B) Certified registered nurse anesthetist;

(D) Clinical nurse specialist.

(b) A license, registration, or certification is the property of the District of Columbia and shall be surrendered on demand of the licensor.

(Mar. 25, 1986, D.C. Law 6-99, § 501, 33 DCR 729; July 22, 1992, D.C. Law 9-126, § 2(f), 39 DCR 3824; Mar. 14, 1995, D.C. Law 10-203, § 2(e), 41 DCR 7707; Mar. 14, 1995, D.C. Law 10-205, § 2(d), 41 DCR 7712; Mar. 23, 1995, D.C. Law 10-247, § 2(h), 42 DCR 457; Mar. 10, 2004, D.C. Law 15-88, § 2(g), 50 DCR 10999; July 8, 2004, D.C. Law 15-172, § 2(e), 51 DCR 4938; Mar. 16, 2005, D.C. Law 15-237, § 2(f), 51 DCR 10593; Mar. 6, 2007, D.C. Law 16-219, § 2(f), 53 DCR 10211; Mar. 6, 2007, D.C. Law 16-220, § 2(c), 53 DCR 10216; Mar. 6, 2007, D.C. Law 16-228, § 2(f), 53 DCR 10244; Mar. 26, 2008, D.C. Law 17-131, § 102(e), 55 DCR 1659; July 18, 2009, D.C. Law 18-26,§ 2(e)(2), 56 DCR 4043; May 1, 2013, D.C. Law 19-303, § 2(c), 60 DCR 2711; Jan. 25, 2014, D.C. Law 20-64, § 2(e), 60 DCR 16533; Mar. 26, 2014, D.C. Law 20-96, § 102(k), 61 DCR 1184; May 2, 2015, D.C. Law 20-272, § 2(e), 62 DCR 1911; June 24, 2020, D.C. Law 23-115, § 2(e), 67 DCR 5077; Nov. 13, 2021, D.C. Law 24-45, § 5042(d), 68 DCR 010163; Dec. 29, 2021, D.C. Law 24-46, § 2(d)(1), 68 DCR 011642.)

Prior Codifications

1981 Ed., § 2-3305.1.

Section References

This section is referenced in § 3-1208.62, § 16-2301, § 21-501, and § 21-2202.

Effect of Amendments

D.C. Law 15-88 inserted “marriage and family therapy,” after “dietetics,”.

D.C. Law 15-172 substituted “massage therapy, naturopathic medicine,” for “massage therapy,”.

D.C. Law 15-237 substituted “an anesthesiologist assistant, physician assistant, or occupational therapy assistant” for “a physician assistant or occupational therapy assistant”.

D.C. Law 16-219 inserted “audiology, speech-language pathology,”.

D.C. Law 16-220, inserted “physical therapy assistant,” following “physician assistant,”.

D.C. Law 16-228, inserted “or surgical assistant” following “occupational therapy assistant,”.

D.C. Law 17-131 substituted “pharmaceutical detailing, pharmacy” for “pharmacy”.

D.C. Law 18-26 rewrote the section, which had read as follows: “A license issued pursuant to this chapter is required to practice medicine, acupuncture, chiropractic, registered nursing, practical nursing, dentistry, dental hygiene, dietetics, marriage and family therapy, massage therapy, naturopathic medicine, nutrition, nursing home administration, occupational therapy, optometry, pharmaceutical detailing, pharmacy, physical therapy, podiatry, psychology, social work, professional counseling, audiology, speech-language pathology, and respiratory care or to practice as an anesthesiologist assistant, physician assistant, physical therapy assistant, occupational therapy assistant, or surgical assistant in the District, except as provided in this chapter. A certification issued pursuant to this chapter is required to practice advanced practice registered nursing.”

The 2013 amendment by D.C. Law 19-303 substituted “dental assistant, or pharmacy technician or trainee” for “or dental assistant” in (a).

The 2014 amendment by D.C. Law 20-64 added “trauma technologist” in (a); and made a related change.

The 2014 amendment by D.C. Law 20-96 rewrote (a).

The 2015 amendment by D.C. Law 20-272, in (a)(1), added “cytotechnology,” “histotechnology,” and “medical laboratory technology“; and added “phlebotomist” in (a)(2).

Applicability

Section 5044 of D.C. Law 24-45 provided that the change made to subsection (a)(3) of this section shall apply as of October 1, 2022.

Section 5044 of D.C. Act 24-159 provided that the change made to subsection (a)(3) of this section shall apply as of October 1, 2022.

Applicability of D.C. Law 23-115: § 3 of D.C. Law 23-115 provided that the change made to this section by § 2(e) of D.C. Law 23-115 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5042(d) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 day) amendment of section, see § 2(e)(2) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1205.01a. Expedited licensure, registration, or certification.

(a) The Mayor shall authorize expedited review of an application for licensure, certification, or registration by a health professional whose certification, license, or registration has been suspended or revoked in another state solely because the health professional provided, facilitated, or attempted to provide or facilitate, conduct described in § 3-1205.14(e-1) that is permitted in the District.

(b) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provision of this section.

§ 3–1205.02. Exemptions.

(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.

(Mar. 25, 1986, D.C. Law 6-99, § 502, 33 DCR 729; Mar. 25, 2009, D.C. Law 17-353, § 188(b), 56 DCR 1117; July 18, 2009, D.C. Law 18-26, § 2(e)(3), 56 DCR 4043; Mar. 26, 2014, D.C. Law 20-96, § 102(l), 61 DCR 1184; Oct. 22, 2015, D.C. Law 21-36, § 5032(a), 62 DCR 10905.)

Prior Codifications

1981 Ed., § 2-3305.2.

Effect of Amendments

D.C. Law 17-353 designated the existing language as subsec. (a); in subsec. (a)(4)(C), substituted “this section” for “this subsection”; redesignated subsec. (a)(4)(D) as subsec. (b); and, in subsec. (b), substituted “subparagraphs (A), (B), and (C) of subsection (a)(4) of this section” for “subparagraphs (A), (B), and (C) of this paragraph” and substituted “ subsection (a)(4) of this section shall” for “this paragraph shall”.

D.C. Law 18-26, in subsec. (a), rewrote the lead-in language and par. (3); and added par. (3)(A).

The 2014 amendment by D.C. Law 20-96, in (a)(3), substituted “an individual, an animal, or group” for “an individual or group” and substituted “specific patient, animal, or client to visit, examine, treat, or provide advice regarding the specific patient, animal, or client” for “specific patient or client to visit, examine, treat, or advise the specific patient or client”; and substituted “patients, animals, or clients” for “patients or clients” in (b).

The 2015 amendment by D.C. Law 21-36 added (a)(2A).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4 of Preserve Our Healthcare Workforce Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-245, Dec. 24, 2021, 68 DCR 013514).

For temporary (90 days) amendment of this section, see § 4 of Preserve Our Healthcare Workforce Emergency Amendment Act of 2021 (D.C. Act 24-189, Sept. 22, 2021, 68 DCR 011343).

For temporary (90 days) amendment of this section, see § 2 of Pharmaceutical Detailing Licensure Exemption Emergency Amendment Act of 2016 (D.C. Act 21-601, Jan. 6, 2017, 64 DCR 164).

For temporary (90 day) amendment of section, see § 2(e)(3) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

For temporary (90 days) addition of this section, see § 5032(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 4 of Preserve Our Healthcare Workforce Temporary Amendment Act of 2021 (D.C. Law 24-59, Feb. 18, 2022, 68 DCR 013496).

For temporary (225 days) amendment of this section, see § 2 of Pharmaceutical Detailing Licensure Exemption Temporary Amendment Act of 2017 (D.C. Law 21-247, Apr. 7, 2017, 64 DCR 1622).

§ 3–1205.03. General qualifications of applicants.

(a) An individual applying for a license, registration, or certification under this chapter shall establish to the satisfaction of the board regulating the health occupation that the individual:

(1) Has not been convicted of an offense that is related to the occupation for which the license, registration, or certification is sought;

(2) Is at least 18 years of age;

(3) Has successfully completed the additional requirements set forth in § 3-1205.04 and subchapters VI, VII, VIII and VIII-A of this chapter, as applicable;

(4) Has passed an examination, administered by the board or recognized by the Mayor pursuant to § 3-1205.06, to practice the health occupation; and

(5) Meets any other requirements established by the Mayor by rule to assure that the applicant has had the proper training, experience, and qualifications to practice the health occupation.

(b) The board may grant a license to an applicant whose education and training in the health occupation has been successfully completed in a foreign school, college, university, or training program if the applicant otherwise qualifies for licensure and if the board determines, in accordance with rules issued by the Mayor, that the education and training are substantially equivalent to the requirements of this chapter in assuring that the applicant has the proper training, experience, and qualifications to practice the health occupation.

(c) The board may deny a license to an applicant whose license to practice a health occupation was revoked or suspended in another state if the basis of the license revocation or suspension would have caused a similar result in the District, or if the applicant is the subject of pending disciplinary action regarding his or her right to practice in another state.

(d) The references in § 3-1205.04 and subchapters VI, VII, VIII and VIII-A of this chapter to named professional organizations and governmental entities for purposes of accreditation or the administration of national examinations shall be considered to refer to successor organizations or entities upon a determination by the Mayor that the successor is substantially equivalent in standards and purposes as the organization or entity named in this chapter.

(e) Repealed.

§ 3–1205.04. Additional qualifications of applicants.

(a) An individual applying for a license to practice acupuncture under this chapter shall establish to the satisfaction of the Board of Medicine that the individual:

(1) If he or she is a licensed physician or chiropractor, has successfully completed at least 100 hours of instruction in the practice of acupuncture at a school or college accredited by the National Accreditation Commission for Schools and Colleges of Acupuncture and Oriental Medicine, or other training approved by the Board; or

(2) If he or she is not a licensed physician, has successfully completed an educational program in the practice of acupuncture of at least 3 academic years at the post-baccalaureate level at a school or college accredited by the National Accreditation Commission for Schools and Colleges of Acupuncture and Oriental Medicine, or other training approved by the Board.

(a-1)(1) An individual applying for a license to practice as an anesthesiologist assistant under this chapter shall establish to the satisfaction of the Board of Medicine that the individual has:

(A) Earned a degree or certification from an anesthesiologist assistant program accredited by the Commission for the Accreditation of Allied Health Educational Programs, or by the commission’s successor;

(B) Successfully completed the Commission for the Accreditation of Allied Health Educational Programs National Certification Exam for Anesthesiologist Assistants, or an examination administered by its successor; and

(C) Successfully completed and has current certification for the Advanced Cardiac Life Support program as administered by the American Heart Association or its successor organization.

(2) An application for licensure as an anesthesiologist assistant may be filed by an individual who has taken the national certification examination required under paragraph (1)(B) of this subsection but not yet received the results.

(b) An individual applying for a license to practice chiropractic under this chapter shall establish to the satisfaction of the Board of Chiropractic that the individual:

(1) Is a graduate of an educational program in the practice of chiropractic of at least 4 academic years at a college of chiropractic accredited by the Council on Chiropractic Education or the Straight Chiropractic Academic Standards Association, or approved by the Board of Chiropractic; and

(2) Has satisfied any clinical experience established by rule.

(c) An individual applying for a license to practice dental hygiene under this chapter shall establish to the satisfaction of the Board of Dentistry that the individual is a graduate of an educational program in the practice of dental hygiene of at least 2 academic years which is approved by the Board.

(d) An individual applying for a license to practice dentistry under this chapter shall establish to the satisfaction of the Board of Dentistry that the individual is a graduate of a school of dentistry accredited by the Commission on Dental Accreditation.

(d-1) An individual applying for a certificate to practice as a doula under this chapter shall establish to the satisfaction of the Board of Medicine that the individual has:

(1) Completed a training program from a nationally or internationally recognized certifying body, approved by the Department of Health for training doulas;

(2) Participated in a minimum of 3 births (either vaginal or cesarean);

(3) A current Cardiopulmonary Resuscitation certification for both adults and infants; and

(4) Satisfied any other requirements as determined by rules issued pursuant to § 3-1203.02.

(d-2) An individual applying for a license to practice massage therapy under this chapter shall establish to the satisfaction of the Board of Massage Therapy that the individual has successfully completed a minimum of 500 hours of training in massage therapy.

(e) An individual applying for a license to practice medicine under this chapter shall establish to the satisfaction of the Board of Medicine that the individual is a graduate of an accredited school of medicine and has completed at least 1 year of residency in a hospital or other health-care facility licensed by the District or by any state.

(e-1)(1) An individual applying for a license to practice naturopathic medicine under this chapter shall:

(A) Establish to the satisfaction of the Board of Medicine that the individual has earned a degree of doctor of naturopathic medicine from a college or university which at the time of the awarding of the degree was accredited by or a candidate for accreditation with:

(i) The Council of Naturopathic Medical Education (“CNME”), so long as the CNME maintains recognition from the United States Department of Education; or

(ii) Any other accrediting agency recognized by the United States Department of Education;

(B) Have successfully passed the Naturopathic Physicians Licensing Examination (“NPLEX”) basic science examination and clinical science examination sections administered by the North American Board of Naturopathic Examiners, or other examination approved by the Board of Medicine or the Mayor; and

(C) Provide proof of a mailing address demonstrating that the applicant either is a District resident or has an office or location of practice involved in the practice of naturopathic medicine in the District. Post office boxes are not sufficient proof of residency to demonstrate that an applicant either is a District resident or has an office or location of practice in the District for the purposes of this subparagraph.

(2) The Board of Medicine shall not waive the educational requirements for licensure to practice naturopathic medicine for persons registered to practice naturopathy or naturopathic healing.

(e-2) An individual applying for a license to practice nursing under this chapter who was previously licensed in any jurisdiction and has not been actively practicing for 5 years or more shall submit proof of having completed a board-approved refresher course.

(f)(1) An individual applying for a license to practice nursing home administration under this chapter shall establish to the satisfaction of the Board of Long-Term Care Administration that the individual:

(A) Has earned a baccalaureate degree from an accredited 4-year institution of higher education with a specialty in the courses or program of study applicable to the practice of nursing home administration; and

(B) Except as provided in paragraph (2) of this subsection, has worked for at least 1 year in a nursing home licensed in the District under the supervision of a licensed nursing home administrator.

(2) The requirement of paragraph (1)(B) of this subsection shall not apply to an applicant who has earned a master’s degree in nursing home administration or other appropriate specialty from an accredited institution of higher education.

(g)(1) An individual applying for a license to practice occupational therapy under this chapter shall establish to the satisfaction of the Board of Occupational Therapy that the individual:

(A) Has successfully completed an entry-level occupational therapy educational program accredited by the Accreditation Council for Occupational Therapy Education (“ACOTE”); and

(B) Has successfully completed a period of at least 6 months of supervised work experience at an accredited educational institution or program approved by an accredited educational institution.

(2)(A) An individual applying for a license to practice as an occupational therapy assistant under this chapter shall establish to the satisfaction of the Board of Occupational Therapy that the individual has successfully completed an occupational therapy assistant educational program accredited by ACOTE; and.

(B) Has successfully completed a period of at least 2 months of supervised work experience at an accredited educational institution or program approved by an accredited educational institution.

(3) Repealed.

(h) An individual applying for a license to practice optometry under this chapter shall establish to the satisfaction of the Board of Optometry that the individual is a graduate of a school of optometry approved by the Board.

(i) An individual applying for a license to practice pharmacy under this chapter shall establish to the satisfaction of the Board of Pharmacy that the individual:

(1) Has earned a degree in pharmacy from a college or school of pharmacy accredited by the American Council of Pharmaceutical Education; and

(2) Has worked as a pharmacy intern in a pharmacy for the period of time required by the Mayor or has gained other equivalent experience the Mayor may permit by rule.

(j)(1) An individual applying for a license to practice physical therapy under this chapter shall establish to the satisfaction of the Board of Physical Therapy that the individual has successfully completed an educational program in the practice of physical therapy which is accredited by an agency recognized for that purpose by the United States Department of Education, or which is approved by the Board.

(2) An individual applying for a license to practice as a physical therapy assistant under this chapter shall establish to the satisfaction of the Board of Physical Therapy that the individual has successfully completed an educational program in physical therapy appropriate for preparation as a physical therapy assistant that is accredited by an agency recognized for that purpose by the United States Department of Education or is approved by the Board of Physical Therapy.

(k) An individual applying for a license to practice as a physician assistant under this chapter shall establish to the satisfaction of the Board of Medicine that the individual has successfully completed a physician assistant educational program accredited by the Committee on Allied Health Education and Accreditation.

(l) An individual applying for a license to practice podiatry under this chapter shall establish to the satisfaction of the Board of Podiatry that the individual is a graduate of a podiatry college recognized by the American Podiatric Medical Association and approved by the Board.

(m) An individual applying for a license to practice practical nursing under this chapter shall establish to the satisfaction of the Board of Nursing that the individual has successfully completed an educational program in practical nursing that is approved by the Board or by a state board of nursing with standards substantially equivalent to the standards of the District of Columbia.

(n) An individual applying for a license to practice registered nursing under this chapter shall establish to the satisfaction of the Board of Nursing that the individual has successfully completed an educational program in registered nursing approved by the Board or by a state board of nursing with standards substantially equivalent to the standards of the District.

(o) An individual applying for a license to practice psychology under this chapter shall establish to the satisfaction of the Board of Psychology that the individual has:

(1)(A) Earned a doctoral degree in psychology from an accredited college or university; or

(B) Earned a doctoral degree that the Board determines is related to psychology, provided that the application is received by the Board within 2 years from March 25, 1986; and

(i) The applicant commenced the doctoral program after March 24, 1978, but before March 25, 1986; or

(ii) The doctoral degree was conferred on the applicant after March 24, 1983, but before March 25, 1986; and

(2) Completed at least 2 years of experience acceptable to the Board, at least one year of which must be postdoctoral experience.

(p) An individual applying for a license to practice respiratory therapy under this chapter shall establish to the satisfaction of the Board of Respiratory Therapy that the individual has successfully completed a respiratory care educational program accredited by the American Medical Association’s Committee on Allied Health Education and Accreditation (“CAHEA”) in collaboration with the Joint Review Committee for Respiratory Therapy Education (“JRCRTE”) or their successor organizations.

(q) An individual applying for a license to practice as a surgical assistant under this chapter shall establish to the satisfaction of the Board of Medicine that the individual has:

(A) Earned a degree or certification from a surgical assistant program accredited by the Commission for the Accreditation of Allied Health Educational Programs, or by the commission’s successor;

(B) Successfully completed a dedicated training program for surgical assistants in the armed forces; or

(C) Demonstrated to the satisfaction of the board, the completion of full-time work experience performed in the United States under the direct supervision of a physician licensed in the United States and consisting of a least 1,300 hours of performance as a surgical assistant within the 3 years preceding the date of application; and

(D) Was certified as a surgical assistant by at least one of the following:

(i) The National Surgical Assistant Association;

(ii) The American Board of Surgical Assistants; or

(iii) The National Board of Surgical Technology and Surgical Assisting.

(r) An individual applying for a license to practice as a trauma technologist under this chapter shall establish to the satisfaction of the Board of Medicine that the individual has:

(1) Successfully completed courses and training in anatomy and physiology, respiratory and cardiac care, wound treatment and closure, treatment of musculoskeletal injuries and burns, and other clinical aspects of emergency medical care from a trauma technology training program approved by the Board;

(2) Successfully completed the written and practical examinations for trauma technologists within 12 months after completing the trauma technology training program; and

(3)(A) Successfully completed and provided evidence of course completion of a life support training course, which includes all adult, child, and infant cardiopulmonary resuscitation and airway obstruction skills, from an agency approved by the Board, which teaches these skills in accordance with the current American Heart Association Guidelines for Basic Life Support at the health care provider level;

(B) Successfully completed and provided evidence of completion of a dedicated training program for trauma technologists in the armed forces and has been performing the functions of trauma technologists for at least 5 years before the date of application for licensure; or

(C) Demonstrated to the satisfaction of the Board the completion of full-time work experience performed in the United States or Canada under the direct supervision of an emergency room physician licensed in the United States or Canada and consisting of at least 1,300 hours of performance as a trauma technologist in a Level 1 trauma facility as designated by the Director of the Department of Health pursuant to Chapters 27 and 28 of Subtitle B of Title 22 of the District of Columbia Municipal Regulations (22-B DCMR § 2700 et seq. and § 2800 et seq.), within the 3 years preceding the date of application for licensure.

(s)(1) An individual applying for a license to practice as an athletic trainer under this chapter shall establish to the satisfaction of the Board of Medicine that the individual has:

(A) Successfully obtained at least a baccalaureate degree from a 4-year college or university that is accredited by an agency recognized for that purpose by the United States Department of Education and has met the minimum athletic training curriculum requirements established by the Mayor by rulemaking;

(B) Successfully completed the certification examination administered by the National Athletic Trainers Association Board of Certification, or its successor, or an equivalent organization approved or recognized by the Board of Medicine; and

(2) The Board of Medicine shall waive the requirement of a baccalaureate degree for an applicant holding a license, certification, or registration, in good standing, in another state to engage in the practice of athletic training, if that state maintains qualifications for licensure, certification, or registration that are substantially equivalent to those required in the District, and gives similar reciprocity to the licensees of the District.

(t)(1) An individual applying for a license to practice midwifery under this chapter shall establish to the satisfaction of the Board of Medicine that the individual:

(A) Holds a current certification as a certified professional midwife issued by the North American Registry of Midwives ("NARM") or its successor organization;

(B) Has successfully completed a midwifery education and training program, either through an accredited educational program or non-accredited educational program; except, that an individual who has successfully completed an educational program accredited by NARM shall be deemed to have completed an accredited educational program;

(D) Has completed a criminal history background check in accordance with § 3-1205.22;

(E) That the individual holds a current cardiopulmonary resuscitation certification for healthcare providers issued by the American Red Cross or the American Heart Association; and

(F) That the individual holds a current neonatal resuscitation program certification issued by the American Academy of Pediatrics.

(2) Beginning October 1, 2020, individuals seeking a license to practice midwifery shall:

(A) Successfully complete an educational pathway accredited by MEAC;

(B) In the event an individual has successfully completed a non-accredited education pathway and obtained the individual's CPM credential prior to October 1, 2020, the individual must obtain an MBC to be eligible for licensure as a certified professional midwife and complete:

(i) Fourteen hours of obstetric emergency skills training such as birth emergency skills training or an advanced life-saving in obstetrics course; and

(ii) A course in pharmacology approved by NARM or an accredited university or program to be eligible for licensure a certified professional midwife; or

(C) In the event an individual is licensed to practice midwifery in a state that does not require the successful completion of an accredited educational pathway as a prerequisite to obtain a license to practice midwifery, the individual shall have been licensed for at least one year prior to attempting to obtain an MBC from NARM to practice in the District.

(u) An individual applying for a license to practice certified midwifery under this chapter shall establish to the satisfaction of the Board of Nursing that the individual:

(1) Holds a valid graduate degree in midwifery from a program accredited by the Accreditation Commission for Midwifery Education or its successor organization;

(2) Has successfully passed the certification exam from the American Midwifery Certification Board or its successor organization;

(3) Is at least 21 years of age by the date of the licensure application;

(4) Has completed a criminal history background check in accordance with § 3-1205.22; and

(5) Has successfully completed any other requirements for licensure as determined by rules issued pursuant to § 3-1203.02.

(Mar. 25, 1986, D.C. Law 6-99, § 504, 33 DCR 729; Mar. 14, 1995, D.C. Law 10-203, § 2(f), 41 DCR 7707; Mar. 14, 1995, D.C. Law 10-205, § 2(e), 41 DCR 7712; Mar. 21, 1995, D.C. Law 10-231, § 2(e), 42 DCR 15; Mar. 23, 1995, D.C. Law 10-247, § 2(i)-(k), 42 DCR 457; July 8, 2004, D.C. Law 15-172, § 2(f), 51 DCR 4938; Mar. 16, 2005, D.C. Law 15-237, § 2(g), 51 DCR 10593; Mar. 6, 2007, D.C. Law 16-220, § 2(d), 53 DCR 10216; Mar. 6, 2007, D.C. Law 16-228, § 2(g), 53 DCR 10244; July 7, 2009, D.C. Law 18-11, § 2(c), 56 DCR 3602; July 7, 2009, D.C. Law 18-14, § 2(d), 56 DCR 3613; July 7, 2009, D.C. Law 18-18, § 2(d), 56 DCR 3624; July 18, 2009, D.C. Law 18-26, § 2(e)(4), 56 DCR 4043; Jan. 25, 2014, D.C. Law 20-64, § 2(f), 60 DCR 16533; Mar. 26, 2014, D.C. Law 20-96, § 102(m), 61 DCR 1184; Apr. 11, 2019, D.C. Law 22-300, § 2(d), 66 DCR 2024; June 17, 2020, D.C. Law 23-97, § 2(d), 67 DCR 3912; Dec. 29, 2021, D.C. Law 24-46, § 2(d)(2), 68 DCR 011642; Sept. 21, 2022, D.C. Law 24-170, § 3(d), 69 DCR 009207.)

Prior Codifications

1981 Ed., § 2-3305.4.

Section References

This section is referenced in § 3-1205.03, § 3-1205.09a, § 3-1206.42, § 3-1206.52, and § 3-1209.03.

Effect of Amendments

D.C. Law 15-172 added subsec. (e-1).

D.C. Law 15-237 added subsec. (a-1).

D.C. Law 16-220, in subsec. (j), designated existing text as par. (1), and added par. (2).

D.C. Law 16-228 added subsec. (q).

D.C. Law 18-11, in subsec. (g), rewrote pars. (1)(A) and (2)(A) and repealed par. (3).

The 2014 amendment by D.C. Law 20-64 added (r).

The 2014 amendment by D.C. Law 20-96 substituted “Board of Long-Term Care Administration” for “Board of Nursing Home Administration” in (f)(1); and added the subsection designated herein as (s).

Applicability

Applicability of D.C. Law 23-97: § 6 of D.C. Law 23-97 provided that the change made to this section by § 2(d) of D.C. Law 23-97 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e)(4) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

Editor's Notes

Section 5 of D.C. Law 23-97 provided that the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of D.C. Law 23-97.

§ 3–1205.05. Application for license, registration, or certification.

(a) An applicant for a license, registration, or certification shall:

(1) Submit an application to the board regulating the health occupation on the form required by the board; and

(2) Pay the applicable fees established by the Mayor.

(b) The social security number of each applicant for a license, registration, or certification issued pursuant to this chapter shall be recorded on the application. If a number other than the social security number is used on the face of the license, registration, or certification, the issuing agency or entity shall keep the applicant’s social security number on file and the applicant shall be so advised.

(Mar. 25, 1986, D.C. Law 6-99, § 505, 33 DCR 729; Apr. 3, 2001, D.C. Law 13-269, § 103, 48 DCR 1270; July 18, 2009, D.C. Law 18-26, § 2(e)(5), 56 DCR 4043.)

Prior Codifications

1981 Ed., § 2-3305.5.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

“An applicant for a license shall:

“(1) Submit an application to the board regulating the health occupation on the form required by the board; and

“(2) Pay the applicable fees established by the Mayor.”

D.C. Law 18-26, in the section heading, inserted “registration, or certification”; in subsec. (a), substituted “An applicant for a license, registration, or certification shall:” for “An applicant for a license shall:”; and, in subsec. (b), substituted “ license, registration, or certification issued” for “license issued” and substituted “ license, registration, or certification, the issuing” for “license, the issuing”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 103 of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 2(e)(5) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1205.06. Examinations.

(a) An applicant who otherwise qualifies for a license, registration, or certification is entitled to be examined as provided by this chapter.

(b)(1) Each board that administers examinations shall give examinations to applicants at least twice a year at times and places to be determined by the Board.

(2) When the Mayor, pursuant to subsection (e)(2) of this section, determines that a national examination is acceptable, then the frequency, time, and place that the national examination is given shall be considered acceptable and in accordance with this chapter.

(d) Except as otherwise provided by this chapter, each board shall determine the subjects, scope, form, and passing score for examinations to assess the ability of the applicant to practice effectively the health occupation regulated by the board.

(e) Each board, in its discretion, may waive the examination requirements:

(1) For any applicant who meets the requirements of § 3-1205.07 for licensure, registration, or certification by reciprocity or endorsement; or

(2) For any person who has been certified by a national examining board if the Mayor determines by rule that the examination was as effective for the testing of professional competence as that required in the District.

(Mar. 25, 1986, D.C. Law 6-99, § 506, 33 DCR 729; Mar. 23, 1995, D.C. Law 10-247, § 2(l), 42 DCR 457; July 18, 2009, D.C. Law 18-26, § 2(e)(6), 56 DCR 4043.)

Prior Codifications

1981 Ed., § 2-3305.6.

Section References

This section is referenced in § 3-1205.03 and § 3-1205.09a.

Effect of Amendments

D.C. Law 18-26, in subsec. (a), substituted “license, registration, or certification” for “license”; and, in subsec. (e)(1), substituted “licensure, registration, or certification” for “licensure”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e)(6) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1205.07. Reciprocity and endorsement.

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

(1) “Endorsement” means the process of issuing a license, registration, or certification to an applicant who is licensed, registered, certified, or accredited by an accrediting association or a state board and recognized by the Board as a qualified professional according to standards that were the substantial equivalent at the time of the licensing, registration, certification, or accreditation to the standards for that profession set forth in this chapter and who has continually remained in good standing with the licensing, registering, certifying, or accrediting association or state board from the date of licensure, registration, certification, or accreditation until the date of licensure, registration, or certification in the District.

(2) “Reciprocity” means the process of issuing a license, registration, or certification to an applicant who is licensed, registered, or certified and in good standing under the laws of another state with requirements that, in the opinion of the Board, were substantially equivalent at the time of licensure, registration, or certification to the requirements of this chapter, and that state admits health professionals licensed, registered, or certified in the District of Columbia in a like manner.

(b) Each board shall issue a license, registration, or certification to an applicant who qualifies by reciprocity or endorsement and who pays the applicable fees established by the Mayor.

(Mar. 25, 1986, D.C. Law 6-99, § 507, 33 DCR 729; Mar. 23, 1995, D.C. Law 10-247, § 2(m), 42 DCR 457; Apr. 29, 1998, D.C. Law 12-86, § 403, 45 DCR 1172; July 18, 2009, D.C. Law 18-26, § 2(e)(7), 56 DCR 4043; Sept. 26, 2012, D.C. Law 19-171, § 30(b)(1), 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-3305.7.

Section References

This section is referenced in § 3-1205.06.

Effect of Amendments

D.C. Law 18-26 rewrote the section.

The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e)(7) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1205.08. Issuance of license, registration, or certification.

Each board shall issue a license, registration, or certification to an applicant who meets the requirements of this chapter and rules and regulations issued pursuant to this chapter to practice the health occupation regulated by the board.

§ 3–1205.08a. Temporary license, registration, or certification.

A board may issue a temporary license, registration, or certification to an applicant for a fixed period of time, under conditions prescribed by the Mayor through rulemaking, who is licensed, registered, or certified and in good standing to practice in another jurisdiction.

§ 3–1205.08b. Teaching license for dentistry and dental hygiene.

(a) A dentist is eligible for a teacher’s license if the dentist, in addition to meeting the requirements of this subchapter, meets the following criteria:

(1) Is professionally competent;

(2) Is at least 21 years of age;

(3) Holds a Degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or its equivalent, from a college or university that is authorized by any state of the United States or any province of Canada to grant a degree and is recognized by the Board of Dentistry as requiring adequate professional collegiate training and as maintaining an acceptable course of dental instruction;

(4) Is licensed to practice dentistry in any other state; and

(5) Submits a complete application for licensure, along with the requisite fee, to the Board.

(b) A dentist who does not meet the criteria set forth in subsection (a) of this section may be eligible for a dental teacher’s license if the dean of the dental school where the dentist will practice requests that the dentist be granted the license, circumstances exist that justify granting the request, and the dentist meets the following criteria:

(1) Is at least 21 years of age;

(2) Holds a Degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or an equivalent degree from a school, college, or faculty of dentistry;

(3) Demonstrates that the applicant has had at least 2 years of clinical dental experience;

(4) Is professionally competent; and

(5) Submits a complete application for licensure, along with the requisite fee, to the Board.

(1) Have completed an educational program in the practice of dentistry at an institution recognized by the Commission on Dental Accreditation of the American Dental Association (“CODA”); or demonstrate to the satisfaction of the Board that the applicant’s education and training are substantially equivalent to the requirements of this section;

(2) Have successfully completed Part I and Part II of the examination of the Joint Commission on National Dental Examinations; and

(3) Have an appointment or a promise of an appointment as a full-time or part-time faculty member at an accredited dental school located in the District of Columbia and the institution where the dentist is appointed provides documentation satisfactory to the Board of the appointment.

(d) The Board may grant a teacher’s license in dental hygiene if it finds that:

(1) The applicant has completed an educational program in the practice of dental hygiene of at least 2 academic years at an institution recognized by the CODA at the time the applicant graduated; or the applicant demonstrates to the satisfaction of the Board that the applicant’s education and training are substantially equivalent to the requirements of this section;

(2) The applicant submits evidence satisfactory to the Board that the applicant has been actively engaged in the practice of dental hygiene for the 3 years immediately preceding the application, and has at least 150 hours of active dental hygiene practice;

(3) The applicant is found to be professionally competent;

(4) The applicant has successfully completed the National Board of Dental Hygiene Examination; and

(5) The applicant will be appointed to a full-time or part-time faculty position at an accredited dental school located within the District of Columbia and the institution provides documentation satisfactory to the Board of the appointment.

(e)(1) While it is effective, a teacher’s license in dentistry issued under this subchapter authorizes the licensee to:

(A) Teach dentistry at only the institution named on the license; and

(B) Practice only at the institution named on the license to the same extent as other faculty members who hold general licenses to practice dentistry; provided, that a licensed dentist employed by the school provides general supervision in all clinical practice.

(2) For the purposes of this subsection, the term “general supervision” means that a licensed dentist is physically present or available by telecommunications device to supervise the holder of a teacher’s license in dentistry.

(f)(1) While it is effective, a teacher’s license in dental hygiene issued under this subchapter authorizes the licensee to:

(A) Teach dental hygiene only at the institution named on the license; and

(B) Practice dental hygiene only at the institution named on the license, and only under the direct supervision of a licensed dentist employed by the institution named on the license.

(2) For the purposes of this subsection, the term “direct supervision” means that a licensed dentist is physically present and reviews the work of the holder of a teacher’s license in dental hygiene before a patient leaves.

(g) A teacher’s license in dentistry or dental hygiene shall expire on the earlier of:

(1) The date set by the Board, unless the license is renewed for an additional term; or

(2) The date when the licensee ceases to be a full-time or part-time faculty member at the institution named on the license.

(h) The holder of a teacher’s license in dentistry or dental hygiene shall surrender the license to the Board within 30 days of ceasing to be a full-time or part-time faculty member at the institution named on the license.

(i) A holder of a teacher’s license in dentistry shall comply with all the requirements for the practice of dentistry under this chapter and the holder of a teacher’s license in dental hygiene shall comply with all the requirements for the practice of dental hygiene under this chapter.

§ 3–1205.09. Scope of license, registration, or certification.

(a)(1) A person licensed, registered, or certified under this chapter to practice a health occupation is authorized to practice that occupation in the District while the license, registration, or certification is effective.

(2) A person certified to practice advanced registered nursing is authorized to practice the specialty for which he or she has been certified by the Board of Nursing.

(b) An individual who fails to renew a license, registration, or certification to practice a health occupation shall be considered to be unlicensed, unregistered, or uncertified and subject to the penalties set forth in this chapter and other applicable laws of the District, if he or she continues to practice the health occupation.

§ 3–1205.09a. Licenses for foreign doctors of eminence and authority.

(a) Notwithstanding any other provision of this subchapter, the Board shall grant a limited license to practice specialized medicine with a university, hospital or medical center in the District of Columbia to an applicant licensed as a physician in a foreign country or state who by virtue of the recognized and conceded eminence and authority in the profession of medicine or medical research in the international community, if this applicant:

(1) Is recommended to the Board by:

(A) The dean of an accredited school of medicine in the District of Columbia;

(B) The Director of the National Institute of Health; or

(2) Is to receive an appointment at the institution making the recommendation under paragraph (1) of this subsection; and

(3) Meets the requirements of subsection (d) of this section.

(b) The Board shall not issue to any entity under paragraph (1) of this section more than 1 such license in any single year.

(c) Any license issued under this section shall be issued jointly in the name of the applicant and the sponsoring entity under subsection (a)(1) of this section.

(d) In determining whether an applicant is a recognized and conceded eminence and authority in the profession, the Board shall consider, but not be limited to, whether the applicant meets the following criteria:

(1) Is a bona fide graduate in good standing who has successfully completed medical education at a foreign medical school which is recognized or accredited by the foreign country, the Liaison Committee on Medical Education of the Association of American Medical Colleges, or other organization satisfactory to the Board;

(2) Holds a valid foreign medical license or registration certificate, in good standing, issued by the United States or a foreign country on the basis of a foreign examination;

(3) Practiced medicine for at least 10 years in patient care, excluding the 2 years of postgraduate clinical training, 5 years of which occurred immediately preceding the date application is made to the Board;

(4) Successfully completed no less than 2 years of post graduate clinical training in a recognized medical specialty or subspecialty either in the United States or other foreign country, or in lieu of each year of required graduate medical training, documents a practice as a full time university medical school faculty member at an accredited institution;

(5) Meets the Federal Professional Visa requirements for HI Visa or holds a Federally issued HI Visa;

(6) Has been the recipient of professional honors and awards, and professional recognition in the international medical community, for achievements, contributions, or advancements in the field of medicine, or medical research as evidenced by (i) publications in recognized scientific, medical, or medical research journals, including American peer review journals, (ii) being the recipient or nominee for international or national awards for distinguished contributions to the advancement of medicine or medical research, (iii) acknowledgement of expertise from recognized American authorities in the applicant’s field of medical specialty, or (iv) other professional accomplishments as determined meritorious in the sole discretion of the Board;

(7) Submits documentation from the university, hospital or medical center from which the candidate is to receive an academic appointment at such institution or has been accepted for practice, pending receipt of a license, with privileges at a university medical school, local hospital, or medical institution making the recommendation under subsection (a)(1) of this section;

(8) Submits 3 letters of recommendation from District of Columbia physicians who are licensed in the areas of medical practice for which the applicant is applying for licensure who shall attest to the candidate’s qualifications, character, and ethical behavior;

(9) Submits 5 letters from renowned American specialists in the candidate’s discipline who attest to his eminence and qualifications;

(10) Has not been convicted of an offense that is related to the occupation for which the license is sought; and

(11) Agrees to perform a maximum of 15 hours per month of community service for patient care, teaching, or training as may be required by the Board.

(e) As an exception to the general education and examination requirements of §§ 3-1205.03, 3-1205.04, and 3-1205.06, the Board shall waive those requirements when an applicant under this section shall furnish proof satisfactory to the Board of successful completion or satisfaction of the requirements of subsections (a) and (b) of this section, and shall provide documentation sufficient to support the application, including, but not limited to, a diploma or certified transcripts of the applicant’s medical or, if applicable, premedical education and certified verification of licensure or registration to practice medicine in a foreign country.

(1) An applicant under this section shall arrange to have certified transcripts of all medical and premedical, if applicable, education sent directly from the educational institution to the Board.

(2) The Board may waive the educational transcript requirement of this section on a showing of extraordinary hardship if the applicant is able to establish by substitute documentation that the applicant possesses the requisite education and degrees.

(3) If a document required by this section is in a language other than English, an applicant shall arrange for its translation into English by a translation service for the Board, and shall submit a notarized translation signed by the translator attesting to its accuracy.

(4) All applicants shall pay an applicant fee of $500 to the Board.

(f) No license granted under this section shall issue to any candidate until the Board reviews the qualifications for eminence and makes a final decision. The Board shall have the sole authority and responsibility to interpret the qualifications for eminence and for licensure under these provisions, and may qualify, restrict, or otherwise limit a license granted under this section by controlling the type of medical areas of practice and patient care as the applicant has received credentials and acceptance for practice from an institution under subsection (a)(1) of this section.

(g) All applicants who have complied with these requirements, and have otherwise complied with the provisions of this subchapter, shall receive from the Board within 90 days after the application is complete by the candidate’s submission of all requirements imposed under subsection (b) of this section, a license entitling them to the right to practice in the District of Columbia. Each such license shall be duly recorded in the office of the Board, in a record to be properly kept for that purpose which shall be open to public inspection, and a certified copy of the record shall be received as evidence in all courts in the District of Columbia in the trial of any case.

(1) It shall be the duty of all persons now or hereafter licensed to be registered with the Board and, thereafter, to register in like manner at such intervals and by such methods as the Board shall determine by regulations, but in no case shall such renewal period be longer than any other licensed physician. The form and method of such registration shall be determined by the Board.

(2) Each person so registering with the Board shall pay, for each biennial registration, a fee of $1,000, which shall accompany the application for such registration.

(3) Upon receiving a proper application for such registration accompanied by the fee, if any, the Board shall issue a license to the applicant; provided, however, such license shall automatically expire when the holder’s relationship with any institution under subsection (a)(1) of this section is terminated.

(h) The holder of the limited license practicing medicine or surgery beyond the areas of the medical specialty or practice as laid down in said license shall be guilty of a misdemeanor, and upon conviction shall be fined not less than $10,000 for each and every offense; and the Board is empowered to revoke such limited license, for cause, after due notice.

(i) Any person granted a limited license under this section who subsequently desires to obtain a license without restriction shall be required to meet all of the requirements of such license as set forth in this section.

§ 3–1205.10. Term and renewal of licenses, registrations, or certifications.

(a) A license, registration, or certification expires 1 year from the date of its first issuance or renewal unless renewed by the board that issued it as provided in this section, except that the Mayor, by rule, may provide for a period of licensure, registration, or certification of not more than 3 years.

(b) The Mayor may establish by rule continuing education requirements as a condition for renewal of licenses, registrations, or certifications under this section; provided, that the Mayor shall:

(1) Require that any continuing-education requirements for the practice of medicine include instruction on pharmacology, which shall:

(A) Be evidence-based;

(B) Provide physicians with information regarding the cost-effectiveness of pharmacological treatments; and

(2) Establish continuing-education requirements for the practice of pharmaceutical detailing, in accordance with § 3-1207.44;

(3) Establish continuing education requirements for nursing home administrators that include instruction on one or more of the following topics:

(A) Staff management;

(B) Continuity in assigning the same nursing staff to the same residents as often as practicable;

(D) Activities of daily living and instrumental activities of daily living;

(E) Wound care;

(F) Pain management;

(G) Prevention and treatment of depression;

(H) Prevention of pressure ulcers;

(I) Urinary incontinence management;

(J) Discharge planning and community transitioning;

(K) Fall prevention;

(L) Geriatric social services and individual competency; and

(M) Behavior management; and

(4)(A) Except as provided in subsection (b-1) of this section, require that any continuing education requirements for the following practices include 3 credits of instruction on the Human Immunodeficiency Virus (“HIV”) and the Auto Immune Deficiency Syndrome (“AIDS”) in accordance with subparagraph (B) of this paragraph:

(i) The practice of medicine;

(ii) The practice of registered nursing;

(iii) The practice of practical nursing;

(iv) The practice by nursing assistive personnel; and

(v) The practice of physician assistants.

(B) The instruction required by subparagraph (A) of this paragraph shall, at a minimum, provide information on one or more of the following topics:

(i) The impact of HIV/AIDS on populations of differing ages, particularly the senior population;

(ii) The impact of HIV/AIDS on populations of different racial and ethnic backgrounds;

(iii) The general risk to all individuals in the District of HIV infection;

(iv) How to inform all patients about HIV/AIDS, discuss HIV/AIDS with all patients, and appropriately monitor all patients for potential exposure to HIV and AIDS; or

(v) The use, benefits, and risks associated with pre- and post-exposure prophylaxis treatment; and

(5)(A) Except as provided in subsection (b-1)(4) of this section, require that any continuing education requirements for the practice of any health occupation licensed, registered, or certified under this section include 2 credits of instruction on cultural competency or specialized clinical training focusing on patients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression ("LGBTQ").

(B) The instruction required by subparagraph (A) of this paragraph shall, at a minimum, provide information and skills to enable a health professional to care effectively and respectfully for patients who identify as LGBTQ, which may include:

(i) Specialized clinical training relevant to patients who identify as LGBTQ, including training on how to use cultural information and terminology to establish clinical relationships;

(ii) Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors for patients who identify as LGBTQ;

(iii) Training that outlines the legal obligations associated with treating patients who identify as LGBTQ;

(iv) Best practices for collecting, storing, using, and keeping confidential, information regarding sexual orientation and gender identity;

(v) Best practices for training support staff regarding the treatment of patients who identify as LGBTQ and their families;

(vi) Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that those who identify as LGBTQ may experience these systems in varying degrees of intensity; and

(vii) Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for patients who identify as LGBTQ.

(b-1) The Mayor may:

(1) In consultation with the Board of Medicine, waive by rule the requirements of subsection (b)(4) of this section for an individual who can prove to the satisfaction of the Board of Medicine that he or she did not see patients in a clinical setting in the District during the previous licensing cycle;

(2) With recommendations by the Department of Health, expand the continuing education requirements for any licensed health professional to specifically include instruction on HIV and AIDS;

(3) After December 31, 2018, with the advice of the relevant licensing boards, waive by rule the requirements of subsection (b)(4) of this section for one or more of the practices listed in subsection (b)(4) of this subsection, as he or she considers appropriate; and

(4) Waive by rule the requirement in subsection (b)(5) of this section for:

(A) Any health occupation licensed, registered, or certified under this section if members of that health occupation do not see patients in a clinical setting; or

(B) Any licensed health professional who can prove to the satisfaction of the relevant board that he or she did not see patients in a clinical setting in the District during the previous licensing cycle.

(c) At least 30 days before the license, registration, or certification expires, or a greater period as established by the Mayor by rule, each board shall send to the licensee, registrant, or person certified by first class mail to the last known address of the licensee, registrant, or person certified a renewal notice that states:

(1) The date on which the current license, registration, or certification expires;

(2) The date by which the renewal application must be received by the board for renewal to be issued and mailed before the license, registration, or certification expires; and

(3) The amount of the renewal fee.

(d) Before the license, registration, or certification expires, the licensee, registrant, or person certified may renew it for an additional term, if the licensee:

(1) Submits a timely application to the board;

(2) Is otherwise entitled to be licensed, registered, or certified;

(3) Pays the renewal fee established by the Mayor; and

(4) Submits to the board satisfactory evidence of compliance with any continuing education requirements established by the board for license, registration, or certification renewal.

(e) Each board shall renew the license, registration, or certification of each licensee, registrant, or person certified who meets the requirements of this section.

(Mar. 25, 1986, D.C. Law 6-99, § 510, 33 DCR 729; Mar. 26, 2008, D.C. Law 17-131, § 102(f), 55 DCR 1659; Mar. 25, 2009, D.C. Law 17-353, § 229, 56 DCR 1117; July 18, 2009, D.C. Law 18-26, § 2(e)(11), 56 DCR 4043; Apr. 29, 2010, D.C. Law 18-145, § 2(a), 57 DCR 1834; July 13, 2012, D.C. Law 19-156,§ 2, 59 DCR 5595; April 6, 2016, D.C. Law 21-95, § 2, 63 DCR 2203, 20 DCSTAT 3032.)

Prior Codifications

1981 Ed., § 2-3305.10.

Section References

This section is referenced in § 3-1206.32.

Effect of Amendments

D.C. Law 17-131 rewrote subsec. (b), which had read as follows: “(b) The Mayor may establish by rule continuing education requirements as a condition for renewal of licenses under this section.”

D.C. Law 17-353 validated a previously made technical correction in subsec. (b)(2).

D.C. Law 18-26 rewrote the section.

D.C. Law 18-145, in subsec. (b), deleted “and” from the end of par. (1)(C), substituted “; and” for a period at the end of par. (2), and added par. (3).

D.C. Law 19-156, in subsec. (b), deleted “and” from the end of par. (2), substituted “; and” for a period the end of par. (3)(M), and added par. (4); and added subsec. (b-1).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e)(11) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

Delegation of Authority

Delegation of Authority pursuant to D.C. Law 17-131, the SafeRX Amendment Act of 2008, see Mayor’s Order 2008-83, June 11, 2008 ( 55 DCR 9360).

§ 3–1205.11. Inactive status.

(a) Upon application by a licensee, registrant, or person certified and payment of the inactive status fee established by the Mayor, each board shall place a licensee, registrant, or person certified on inactive status.

(b) While on inactive status, the individual shall not be subject to the renewal fee and shall not practice, attempt to practice, or offer to practice the health occupation in the District.

(c) Each board shall issue a license, registration, or certification to an individual who is on inactive status and who desires to resume the practice of a health occupation if the individual:

(1) Pays the fee established by the Mayor;

(2) Complies with the continuing education requirements in effect when the licensee, registrant, or person certified seeks to reactivate the license, registration, or certification; and

(3) Complies with the current requirements for renewal of a license, registration, or certification.

(Mar. 25, 1986, D.C. Law 6-99, § 511, 33 DCR 729; July 18, 2009, D.C. Law 18-26, § 2(e)(12), 56 DCR 4043.)

Prior Codifications

1981 Ed., § 2-3305.11.

Effect of Amendments

D.C. Law 18-26 substituted “licensee, registrant, or person certified” for “licensee”; substituted “license, registration, or certification” for “license” both times it appears; and substituted “a license, registration, or certification” for “licenses”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e)(12) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1205.12. Reinstatement of expired licenses, registrations, or certifications.

(a) If a health professional fails for any reason to renew the license, registration, or certification issued under this subchapter, the board regulating the health occupation shall reinstate the license, registration, or certification if the health professional:

(1) Applies to the board for reinstatement of the license, registration, or certification within 5 years after the license, registration, or certification expires;

(2) Complies with current requirements for renewal of a license, registration, or certification as set forth in this subchapter;

(3) Pays a reinstatement fee established by the Mayor; and

(4) Submits to the board satisfactory evidence of compliance with the qualifications and requirements established under this subchapter for license, registration, or certification reinstatements.

(b) The board shall not reinstate the license, registration, or certification of a health professional who fails to apply for reinstatement of a license, registration, or certification within 5 years after the license, registration, or certification expires. The health professional may become licensed, registered, or certified by meeting the requirements then in existence for obtaining an initial license, registration, or certification under this subchapter; except, that an individual applying for a license to practice nursing who has not been actively practicing for 5 years or more shall submit proof of having completed a board-approved refresher course in lieu of the requirements then in existence for obtaining an initial license.

(Mar. 25, 1986, D.C. Law 6-99, § 512, 33 DCR 729; July 18, 2009, D.C. Law 18-26, § 2(e)(13), 56 DCR 4043.)

Prior Codifications

1981 Ed., § 2-3305.12.

Effect of Amendments

D.C. Law 18-26, in the section heading, inserted “registrations, or certifications” following “licenses”; in subsec. (a), inserted “registration or certification,” following “license,”; and rewrote subsec. (b), which had read as follows: “(b) The board shall not reinstate the license of a health professional who fails to apply for reinstatement of a license within 5 years after the license expires. The health professional may become licensed by meeting the requirements then in existence for obtaining an initial license under this subchapter.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e)(13) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1205.13. Professional requirements.

(a) Each licensee, registrant, or person certified shall:

(1) Display the board-issued license, registration, or certification conspicuously in each place of business or employment of the licensee, registrant, or person certified;

(2) Wear a tag at all times, if practical, while acting in a professional capacity that displays his or her name and profession or title;

(3) Practice only under the legal name that appears on his or her license, registration, or certification;

(4) Notify the board in writing of any:

(A) Change of address of place of residence or place of business or employment within 30 days after the change of address;

(B) Legal change of name within 30 days after the change; or

(C) Termination, revocation, suspension, or voluntary surrender (“separation event”) of health care facility privileges by reason of incompetence or improper professional conduct, during any period while an application is pending or during the licensing, registration, or certification period by certified mail, return receipt, within 10 days of the separation event.

(b) Each licensee, registrant, or person certified shall be subject to the penalties provided by this chapter for failure to comply with the requirements of this section.

§ 3–1205.13a. Physician and health care provider notice requirements, penalty for noncompliance; settlement agreement not a bar to filing a complaint or testifying. [Repealed]

Repealed.

§ 3–1205.14. Revocation, suspension, or denial of license or privilege; civil penalty; reprimand.

(a) Each board, subject to the right of a hearing as provided by this subchapter, on an affirmative vote of a majority of a quorum of its appointed members may take one or more of the disciplinary actions provided in subsection (c) of this section against any applicant for a license, registration, or certification, an applicant to establish or operate a school of nursing or nursing program, or a person permitted by this subchapter to practice a health occupation regulated by the board in the District who:

(1) Fraudulently or deceptively obtains or attempts to obtain a license, registration, or certification for himself, herself, or another person;

(2) Fraudulently or deceptively uses a license, registration, or certification;

(3) Is disciplined by a licensing or disciplinary authority or peer review body or convicted or disciplined by a court of any jurisdiction for conduct that would be grounds for disciplinary action under this section; for the purposes of this paragraph, the term “convicted” means a judgment or other admission of guilt, including a plea of nolo contendere or an Alford plea;

(4) Has been convicted of an offense that is related to the occupation for which the license, registration, or certification is sought or held;

(5) Is professionally or mentally incompetent or physically incapable;

(6) Is addicted to, or habitually abuses, any narcotic or controlled substance as defined by Chapter 9 of Title 48;

(7) Provides, or attempts to provide, professional services while under the influence of alcohol or while using any narcotic or controlled substance as defined by Chapter 9 of Title 48, or other drug in excess of therapeutic amounts or without valid medical indication;

(8) Willfully makes or files a false report or record in the practice of a health occupation;

(9) Willfully fails to file or record any medical report as required by law, impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

(10) Upon proper request, and payment of a reasonable copy fee, if required, fails to provide, within a reasonable period of time, a copy or summary report, if the patient or client consents, of the patient’s or client’s health care record to the patient or client, his or her legal representative or guardian, a hospital or third-party health professional licensed under this chapter or under the laws of another jurisdiction; for the purposes of this paragraph, the term “health care record” means any document, or combination of documents, except for a birth or death record or a record of admission to or discharge from a hospital or other health-care facility, that pertains to the history, diagnosis, or health condition of a patient or client and is generated and maintained in the process of providing health-care treatment, regardless of whether the health care record originated with or was previously in the possession of another health-care provider;

(11) Willfully makes a misrepresentation in treatment;

(12) Willfully practices a health occupation with an unauthorized person or aids an unauthorized person in the practice of a health occupation;

(13) Submits false statements to collect fees for which services are not provided or submits statements to collect fees for services which are not medically necessary;

(14) Pays or agrees to pay anything of value to, or to split or divide fees for professional services with, any person for bringing or referring a patient;

(15) Fails to pay a civil fine imposed by a board, other administrative officer, or court;

(16) Willfully breaches a statutory, regulatory, or ethical requirement of confidentiality with respect to a person who is a patient or client of the health professional, unless ordered by a court;

(17) Refuses to provide service to a person in contravention of Chapter 14 of Title 2;

(18) Violates any of the conditions of an agreement between the licensee and the board to voluntarily limit the practice of the licensee made pursuant to § 3-1205.18;

(19) Prescribes, dispenses, recommends, or administers drugs when not authorized to do so;

(20) Practices without a protocol when required by subchapter VI of this chapter;

(21) Performs, offers, or attempts to perform services beyond the scope of those authorized by the license held by the health professional;

(22) Maintains an unsanitary office or performs professional services under unsanitary conditions;

(23) Engages in:

(A) Sexual harassment of a patient or client;

(B) Sexual contact with a patient or client concurrent with and by virtue of the practitioner-patient or practitioner-client relationship;

(C) At any time during the course of the practitioner-patient or patient-client relationship, in conduct of a sexual nature that a reasonable patient or client would consider lewd or offensive; or

(D) Sexual contact with a former patient or client when the patient or client may still be vulnerable by virtue of the power imbalance that existed in the practitioner-patient or practitioner-client relationship, even if the relationship may appear to be or is mutually consensual when such contact is likely to have an adverse impact on the patient or client;

(24) Violates any provision of this chapter or rules and regulations issued pursuant to this chapter;

(25) Violates any District of Columbia or federal law, regulation, or rule related to the practice of a health profession or drugs, or fails to conduct business with honesty and fair dealing with employees or students in his or her school of nursing or nursing program, the District of Columbia, a state, the federal government, or the public;

(26) Fails to conform to standards of acceptable conduct and prevailing practice within a health profession;

(27) Violates an order of the board or the Mayor, or violates a consent decree or negotiated settlement entered into with a board or the Mayor;

(28) Demonstrates a willful or careless disregard for the health, welfare, or safety of a patient, regardless of whether the patient sustains actual injury as a result;

(29) Fails to pay the applicable fees established by the Mayor;

(30) Abandons a patient; for the purposes of this paragraph, the term “abandons” means termination, without adequate notice, of the professional relationship between a health care provider and a patient or client at a time when the patient or client is in need of further emergency care;

(31) Knowingly fails to report suspected child abuse in violation of § 4-1321.02;

(32) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services that the licensee, registrant, or person certified is licensed and qualified to render because the individual is HIV positive;

(33) Refuses on ethical, moral, or religious grounds to provide services to a patient, customer, or client;

(34) By corrupt means, threats, or force, intimidates or influences, or attempts to intimidate or influence, any person for the purpose of causing the person to withhold or change his or her testimony in a hearing or proceeding before a board, court, or the Office of Administrative Hearings;

(35) By corrupt means, threats, or force, hinders, prevents, or otherwise delays any person from making information available to a board, court, or the Office of Administrative Hearings in furtherance of any investigation of a board, court, or the Office of Administrative Hearings;

(36) Intentionally misrepresents credentials for the purpose of testifying or rendering an expert opinion in a hearing or proceeding before a board, court, or the Office of Administrative Hearings;

(37) Fails to keep adequate medical, dental, health, or client records, as determined by a review of a board;

(38) Makes a misrepresentation or false promise, directly or indirectly, to influence, persuade, or induce patronage;

(39) Practices under a name other than the name under which the individual is licensed, registered, or certified;

(40) Makes a false or misleading statement regarding his or her skill or the efficacy or value of a medicine, treatment, or remedy prescribed or recommended by him or her, at his or her discretion, in the treatment of any disease or other condition of the body or mind;

(41) Is subject to recurrent health claims or client-liability claims, which in a board’s opinion evidences professional incompetence likely to injure the public;

(42) Fails to cooperate in an investigation or obstructs an investigation ordered by a board;

(43) Continues to practice a health profession when the licensed, registered, or certified individual knows he or she has an infectious or communicable disease and that there is a high probability that the disease may be transmitted to a patient or client;

(44) Falsifies an application to establish a school of nursing or nursing program;

(45) Commits fraud or makes false claims in connection with the practice of an occupation regulated by this chapter, or relating to Medicaid, Medicare, or insurance;

(46) Acts in a manner inconsistent with the health and safety of the residents of the nursing facility of which the licensee is the administrator;

(47) Acts fraudulently or dishonestly in the application or reporting of a test for animal disease;

(48) Fails to report, as required by law, or makes a false report of a contagious or infectious disease;

(49) Willfully neglects or misrepresents the inspection of food-stuffs or the issuance of health or inspection certificates;

(50) Knowingly or negligently tortures, beats, or mutilates an animal, kills or injures an animal, or deprives an animal of necessary food, water, or shelter;

(51) Engages in the financial exploitation of a patient, client, or employer; or

(52) Fails to timely register with the Prescription Drug Monitoring Program pursuant to § 48-853.03b(d).

(b)(1) A board may require a health professional to submit to a mental or physical examination whenever it has probable cause to believe the health professional is impaired due to the reasons specified in subsection (a)(5), (6), and (7) of this section. The examination shall be conducted by 1 or more health professionals designated by the board, and he, she, or they shall report their findings concerning the nature and extent of the impairment, if any, to the board and to the health professional who was examined.

(2) Notwithstanding the findings of the examination commissioned by the board, the health professional may submit, in any proceedings before a board or other adjudicatory body, the findings of an examination conducted by 1 or more health professionals of his or her choice to rebut the findings of the examination commissioned by the board.

(3) Willful failure or refusal to submit to an examination requested by a board shall be considered as affirmative evidence that the health professional is in violation of subsection (a)(5), (6), or (7) of this section, and the health professional shall not then be entitled to submit the findings of another examination in disciplinary or adjudicatory proceedings related to the violation.

(c) Except as otherwise provided in subsection (e-1) of this section, upon determination by the board that an applicant, licensee, registrant, person certified, or person permitted by this subchapter to practice in the District has committed any of the acts described in subsection (a) of this section, the board may:

(1) Deny a license, registration, or certification to any applicant or an application to establish a school of nursing or nursing program;

(2) Revoke or suspend the license, registration, or certification of any licensee, registrant, or person certified or withdraw approval of a school of nursing or nursing program;

(3) Revoke or suspend the privilege to practice in the District of any person permitted by this subchapter to practice in the District;

(4) Reprimand any licensee, registrant, person certified, or person permitted by this subchapter to practice in the District;

(5) Impose a civil fine not to exceed $5,000 for each violation by an applicant, licensee, registrant, person certified, or person permitted by this subchapter to practice in the District;

(6) Require a course of remediation, approved by the board, which may include:

(A) Therapy or treatment;

(B) Retraining;

(C) Reexamination, in the discretion of and in the manner prescribed by the board, after the completion of the course of remediation; and

(D) Require participation in continuing education and professional mentoring;

(7) Require a period of probation; or

(8) Issue a cease and desist order pursuant to § 3-1205.16.

(d) Nothing in this subchapter shall preclude prosecution for a criminal violation of this chapter regardless of whether the same violation has been or is the subject of 1 or more of the disciplinary actions provided by this subchapter. Criminal prosecution may proceed prior to, simultaneously with, or subsequent to administrative enforcement action.

(e) A person licensed, registered, or certified to practice a health occupation in the District of Columbia is subject to the disciplinary authority of the board although engaged in practice elsewhere. Subsection (a) of this section shall not be construed to limit the disciplinary authority of the board only to conduct or activities engaged in outside of the District that result in the imposition of discipline by a licensing or disciplinary authority where the conduct occurred.

(e-1) A board shall not take reciprocal adverse or disciplinary action described in subsection (c) of this section against a person whose license, registration, or certification in another state has been revoked, suspended, or restricted by adverse or disciplinary action if:

(1) The person's license, registration, or certification in the other state was revoked, suspended, or restricted solely because they provided or facilitated, or attempted to provide or facilitate, to a patient or client:

(A) An abortion or other reproductive health care service;

(B) Social, psychological, behavioral, medical, or surgical intervention designed or employed to support or affirm a person's gender identity, including hormone therapy, behavioral healthcare, reproductive counseling, hair removal, speech therapy, facial reconstruction surgery, and gender affirmation surgery; or

(2) The conduct described in paragraph (1) of this subsection is permitted under District law and would be within the scope of practice of the person's license, registration, or certification in the District.

(f) When determining whether to deny an application or initiate disciplinary action against a person permitted to practice a health occupation regulated by a board for a conviction pursuant to this subsection, a board shall consider:

(1) Whether the offense is related to the occupation for which the license, registration, or certification is sought or held by considering the duties and responsibilities of the health occupation;

(2) The nature and seriousness of the offense;

(3) The length of time that has elapsed since the offense was committed;

(4) The age of the person at the time the offense was committed;

(5) Any evidence produced by the applicant, licensee, registrant, person certified, or person permitted by this chapter to practice in the District concerning their rehabilitation and fitness, including:

(A) Evidence as to whether the applicant, licensee, registrant, person certified, or person permitted by this chapter to practice in the District has recidivated; and

(B) Evidence demonstrating compliance with any terms and conditions of probation, supervised release, or parole;

(6) Evidence of work history, particularly any training or work experience related to the occupation; and

(7) Letters of reference.

(g) By January 1 of each year, the Mayor shall submit a report to the Council that includes the following information from the prior fiscal year for each board regulating a health occupation:

(1) The number of applications for a license, registration, or certification denied based on the applicant's criminal conviction, including information on which criminal offense formed the basis for the denial, whether the applicant requested a hearing on the notice of intent to deny the application, and whether the applicant was represented by counsel; and

(2) The number of licensees, registrants, persons certified, or persons permitted by this chapter to practice in the District whose licenses, registrations, or certifications were revoked or suspended based on the applicant's criminal conviction, including information on which criminal offense formed the basis for the decision, whether the person requested a hearing on the notice of intent to take disciplinary action, and whether the person was represented by counsel.

(Mar. 25, 1986, D.C. Law 6-99, § 514, 33 DCR 729; Mar. 23, 1995, D.C. Law 10-247, § 2(n), 42 DCR 457; July 18, 2009, D.C. Law 18-26, § 2(e)(15), 56 DCR 4043; Apr. 29, 2010, D.C. Law 18-145, § 2(b), 57 DCR 1834; Mar. 26, 2014, D.C. Law 20-96, § 102(o), 61 DCR 1184; Feb. 18, 2017, D.C. Law 21-209, § 3(d), 63 DCR 15291; Feb. 22, 2019, D.C. Law 22-227, § 101(b), 66 DCR 197; June 24, 2020, D.C. Law 23-116, § 3(b), 67 DCR 5081; Mar. 16, 2021, D.C. Law 23-205, § 3(d), 68 DCR 000769; Sept. 21, 2022, D.C. Law 24-170, § 3(f), 69 DCR 009207; Mar. 10, 2023, D.C. Law 24-307, § 2(c), 70 DCR 593.)

Prior Codifications

1981 Ed., § 2-3305.14.

Section References

This section is referenced in § 3-1251.09, § 7-1671.07, § 47-2888.04, and § 48-853.03.

Effect of Amendments

D.C. Law 18-26 rewrote subsecs. (a) and (c); and, in subsec. (e), substituted “licensed, registered, or certified” for “licensed”.

D.C. Law 18-145, in subsec. (a), deleted “or” from the end of par. (44), substituted “; or” for a period at the end of par. (45), and added par. (46); and, in subsec. (c)(6), deleted “; and” from the end of subpar. (B), inserted “and” at the end of subpar. (C), and added subpar. (D).

The 2014 amendment by D.C. Law 20-96 added (a)(47), (a)(48), (a)(49), and (a)(50); and made related changes.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e)(15) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1205.15. Summary action.

(a)(1) The Mayor may summarily suspend or restrict, without a hearing. the license, registration, or certification of a person:

(A) Who has had his or her license, registration, or certification to practice the same profession or occupation revoked or suspended in another jurisdiction and has not had the license, registration, or certification to practice reinstated within that jurisdiction;

(B) Who has been convicted of an offense that is related to the occupation for which the license, registration, or certification is held;

(D) Whose conduct presents an imminent danger to the health and safety of the public or to animals, as determined by the Mayor following an investigation; or

(E) Whose financial exploitation of a patient, client, or employer has or will harm the economic welfare of the client, patient, or employer, as determined by the Mayor following an investigation.

(2) A suspension or restriction shall not be stayed pending any appeal of the revocation, suspension, conviction, or judgment of incapacity.

(b) The Mayor, at the time of the summary suspension or restriction of a license, registration, or certification, shall provide the licensee, registrant, or person certified with written notice stating the action that is being taken, the basis for the action, and the right of the licensee, registrant, or person certified to request a hearing.

(c) A licensee, registrant, or person certified shall have the right to request a hearing within 72 hours after service of notice of the summary suspension or restriction of license, registration, or certification. The Mayor shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing.

(d) Every decision and order adverse to a licensee, registrant, or person certified shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings shall be supported by, and in accordance with, reliable, probative, and substantial evidence. The Mayor shall provide a copy of the decision and order and accompanying findings of fact and conclusions of law to each party to a case or to his or her attorney of record.

(e) Any person aggrieved by a final summary action may file an appeal in accordance with subchapter I of Chapter 5 of Title 2.

(Mar. 25, 1986, D.C. Law 6-99, § 515, 33 DCR 729; July 18, 2009, D.C. Law 18-26, § 2(e)(16), 56 DCR 4043; Mar. 26, 2014, D.C. Law 20-96, § 102(p), 61 DCR 1184; Feb. 22, 2019, D.C. Law 22-227, § 101(c), 66 DCR 197; Mar. 16, 2021, D.C. Law 23-205, § 3(e), 68 DCR 000769; Sept. 21, 2022, D.C. Law 24-170, § 3(g), 69 DCR 009207.)

Prior Codifications

1981 Ed., § 2-3305.15.

Section References

This section is referenced in § 3-1251.09.

Effect of Amendments

D.C. Law 18-26 rewrote subsec. (a); in subsecs. (b), (c), and (d), substituted “licensee, registrant, or person certified” for “licensee”; and, in subsecs. (b) and (c), substituted “license, registration, or certification” for “license”. Prior to amendment, subsec. (a) read as follows: “(a) If the Mayor determines, after investigation, that the conduct of a licensee presents an imminent danger to the health and safety of the residents of the District, the Mayor may summarily suspend or restrict, without a hearing, the license to practice a health occupation.”

The 2014 amendment by D.C. Law 20-96 added “or to animals” after “health and safety of the public” in (a)(1)(D).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e)(16) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1205.16. Cease and desist orders.

(a) When a board or the Mayor, after investigation but prior to a hearing, has cause to believe that any person is violating any provision of this chapter and the violation has caused or may cause immediate and irreparable harm to the public, the board or the Mayor may issue an order requiring the alleged violator to cease and desist immediately from the violation. The order shall be served by certified mail or delivery in person.

(b)(1) The alleged violator may, within 15 days of the service of the order, submit a written request to the board or the Mayor to hold a hearing on the alleged violation.

(2) Upon receipt of a timely request, the board or the Mayor shall conduct a hearing and render a decision pursuant to § 3-1205.19.

(c)(1) The alleged violator may, within 10 days of the service of an order, submit a written request to the board or the Mayor for an expedited hearing on the alleged violation, in which case he or she shall waive his or her right to the 15-day notice required by § 3-1205.19(d).

(2) Upon receipt of a timely request for an expedited hearing, the board or the Mayor shall conduct a hearing within 10 days of the date of receiving the request and shall deliver to the alleged violator at his or her last known address a written notice of the hearing by any means guaranteed to be received at least 5 days before the hearing date.

(3) The board or the Mayor shall issue a decision within 30 days after an expedited hearing.

(d) If a request for a hearing is not made, the order of the board or the Mayor to cease and desist is final.

(e) If, after a hearing, the board determines that the alleged violator is not in violation of this chapter, the board or the Mayor shall revoke the order to cease and desist.

(f) If any person fails to comply with a lawful order of a board or the Mayor issued pursuant to this section, the board or the Mayor may petition the court to issue an order compelling compliance or take any other action authorized by this chapter.

§ 3–1205.17. Voluntary surrender of license, registration, or certification.

(a) Any health professional who is the subject of an investigation into, or a pending proceeding involving, allegations involving misconduct may voluntarily surrender his or her license, registration, certification, or privilege to practice in the District, but only by delivering to the board regulating the health occupation an affidavit stating that the health professional desires to surrender the license, registration, certification, or privilege and that the action is freely and voluntarily taken, and not the result of duress or coercion.

(b) Upon receipt of the required affidavit, the board shall enter an order revoking or suspending the license, registration, or certification of the health professional or the privilege to practice.

(c) The voluntary surrender of a license, registration, or certification shall not preclude the imposition of civil or criminal penalties against the licensee, registrant, or person certified.

(Mar. 25, 1986, D.C. Law 6-99, § 517, 33 DCR 729; July 18, 2009, D.C. Law 18-26, § 2(e)(17), 56 DCR 4043.)

Prior Codifications

1981 Ed., § 2-3305.17.

Effect of Amendments

D.C. Law 18-26, in the section heading, inserted “, registration, or certification”; in subsec. (a), inserted “, registration, or certification,” twice; in subsec. (b), inserted “, registration, or certification”; and rewrote subsec. (c), which had read as follows: “(c) The voluntary surrender of a license shall not preclude the imposition of civil or criminal penalties against the licensee.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e)(17) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1205.18. Voluntary limitation or surrender of a license, registration, or certification by impaired health professional.

(a)(1) Any license, registration, or certification issued under this chapter may be voluntarily limited by the licensee, registrant, or person certified either:

(A) Permanently;

(B) For an indefinite period of time to be restored at the discretion of the board regulating the health occupation; or

(C) For a definite period of time under an agreement between the licensee, registrant, or person certified and the board.

(2) During the period of time that the license, registration, or certification has been limited, the licensee, registrant, or person certified shall not engage in the practices or activities to which the voluntary limitation of practice relates.

(3) As a condition for accepting the voluntary limitation of practice, the board may require the licensee, registrant, or person certified to do 1 or more of the following:

(A) Accept care, counseling, or treatment by physicians or other health professionals acceptable to the board;

(B) Participate in a program of education prescribed by the board; and

(b)(1) Any license, registration, or certification issued under this chapter may be voluntarily surrendered to the board by the licensee, registrant, or person certified either:

(A) Permanently;

(B) For an indefinite period of time to be restored at the discretion of the board regulating the health occupation; or

(C) For a definite period of time under an agreement between the licensee, registrant, or person certified and the board.

(2) During the period of time that the license, registration, or certification has been surrendered, the individual surrendering the license, registration, or certification shall not practice, attempt to practice, or offer to practice the health occupation for which the license, registration, or certification is required, shall be considered as unlicensed, unregistered, or uncertified, and shall not be required to pay the fees for the license, registration, or certification.

(c) All records, communications, and proceedings of the board related to the voluntary limitation or surrender of a license, registration, or certification under this section shall be confidential.

(Mar. 25, 1986, D.C. Law 6-99, § 518, 33 DCR 729; July 18, 2009, D.C. Law 18-26, § 2(e)(18), 56 DCR 4043; Sept. 26, 2012, D.C. Law 19-171, § 30(b)(2), 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-3305.18.

Section References

This section is referenced in § 3-1205.14 and § 3-1251.09.

Effect of Amendments

D.C. Law 18-26, in the section heading, substituted “a license, registration, or certification” for “license”; substituted “license, registration, or certification” for “license”; and substituted “licensee, registrant, or person certified” for “licensee”.

The 2012 amendment by D.C. Law 19-171 substituted “unlicensed, unregistered, or uncertified” for “unlicensed” in (b)(2).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e)(18) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1205.19. Hearings.

(a) Before a board denies an applicant a license, registration, or certification, revokes or suspends a license, registration, or certification or privilege to practice, reprimands a licensee, registrant, or person certified imposes a civil fine, requires a course of remediation or a period of probation, or denies an application for reinstatement, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the board except where the denial of the license, registration, or certification is based solely on an applicant’s failure to meet minimum age requirements, hold a required degree, pass a required examination, pay the applicable fees established by the Mayor, or where there are no material facts at issue.

(a-1) Repealed.

(b) A board, at its discretion, may request the applicant or licensee, registrant, or person certified to attend a settlement conference prior to holding a hearing under this section, and may enter into negotiated settlement agreements and consent decrees to carry out its functions.

(c) Except to the extent that this chapter specifically provides otherwise, a board shall give notice and hold the hearing in accordance with subchapter I of Chapter 5 of Title 2.

(d) The hearing notice to be given to the individual shall be sent by certified mail to the last known address of the individual at least 15 days before the hearing.

(e) The individual may be represented at the hearing by counsel.

(f)(1) A board may administer oaths and require the attendance and testimony of witnesses and the production of books, papers, and other evidence in connection with any proceeding under this section.

(2) A board shall require the attendance of witnesses and the production of books, papers, and other evidence reasonably requested by the person against whom an action is contemplated.

(3) In case of contumacy by or refusal to obey a subpoena issued by the board to any person, a board may refer the matter to the Superior Court of the District of Columbia, which may by order require the person to appear and give testimony or produce books, papers, or other evidence bearing on the hearing. Refusal to obey such an order shall constitute contempt of court.

(g) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, a board may nevertheless hear and determine the matter.

(h) A board shall issue its final decision in writing within 90 days after conducting a hearing.

(i) A board may delegate its authority under this chapter to hold hearings and issue final decisions to a panel of 3 or more members of the board or an administrative law judge in accordance with rules promulgated by the Mayor. Final decisions of a hearing panel shall be considered final decisions of the board for purposes of appeal to the District of Columbia Court of Appeals.

(Mar. 25, 1986, D.C. Law 6-99, § 519, 33 DCR 729; Mar. 23, 1995, D.C. Law 10-247, § 2(o), 42 DCR 457; July 18, 2009, D.C. Law 18-26, § 2(e)(19), 56 DCR 4043; Mar. 16, 2021, D.C. Law 23-205, § 3(g), 68 DCR 000769; Sept. 21, 2022, D.C. Law 24-170, § 3(i), 69 DCR 009207.)

Prior Codifications

1981 Ed., § 2-3305.19.

Section References

This section is referenced in § 3-1203.02 and § 3-1205.16.

Effect of Amendments

D.C. Law 18-26 substituted “license, registration, or certification” for “license”; and substituted “licensee, registrant, or person certified” for “licensee”; and, in subsec. (i), substituted “board or an administrative law judge in accordance” for “board in accordance”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e)(19) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1205.20. Judicial and administrative review of actions of board.

Any person aggrieved by a final decision of a board or the Mayor may appeal the decision to the District of Columbia Court of Appeals pursuant to § 2-510.

§ 3–1205.21. Reinstatement of suspended or revoked license, registration, or certification.

(a) Except as provided in subsection (b) of this section, a board may reinstate the license, registration, or certification or privilege of an individual whose license, registration, or certification or privilege has been suspended or revoked by the board only in accordance with:

(1) The terms and conditions of the order of suspension or revocation; or

(2) A final judgment or order in any proceeding for review.

(b)(1) If an order of suspension or revocation was based on the conviction for an offense that is related to the occupation for which the license, registration, or certification was held, and the conviction subsequently is overturned at any stage of an appeal or other postconviction proceeding, the suspension or revocation shall end when the conviction is overturned.

(2) After the process of review is completed, the clerk of the court issuing the final disposition of the case shall notify the board or the Mayor of that disposition.

(Mar. 25, 1986, D.C. Law 6-99, § 521, 33 DCR 729; July 18, 2009, D.C. Law 18-26, § 2(e)(20), 56 DCR 4043; Mar. 16, 2021, D.C. Law 23-205, § 3(h), 68 DCR 000769; Sept. 21, 2022, D.C. Law 24-170, § 3(j), 69 DCR 009207.)

Prior Codifications

1981 Ed., § 2-3305.21.

Effect of Amendments

D.C. Law 18-26, in the section heading, inserted “registration, or certification”; in subsec. (a), substituted “license, registration, or certification” for “license”; and, in subsec. (b), substituted “licensed, registered, or certified” for “licensed”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e)(20) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1205.22. Criminal background check.

(a) Subject to the limitations in § 3-1205.14(f), no license or registration shall be issued to a health professional before a criminal background check has been conducted for that person. The applicant for a license or registration shall pay the fee established by the Department of Health for the criminal background check.

(b) The criminal background check shall be obtained by the Department of Health from the U.S. Department of Justice, or from a private agency determined by the Department of Health. The results of the criminal background check shall be forwarded directly to the appropriate health licensing board.

§ 3–1205.23. Suspension of license, registration, or certification during incarceration.

A board may suspend the license, registration, or certification of a person during any time that the person is incarcerated after conviction of an offense that is related to the occupation for which the license, registration, or certification is held, regardless of whether the conviction has been appealed. A board, immediately upon receipt of a certified copy of a record of a criminal conviction, shall notify the person in writing at that person’s address of record with the board, and at the facility in which the person is incarcerated, of the suspension and that the person has a right to request a hearing. If requested, the hearing shall be held within 6 months of the release of the licensee, registrant, or person certified.

(Mar. 25, 1986, D.C. Law 6-99, § 523; as added July 18, 2009, D.C. Law 18-26, § 2(e)(21), 56 DCR 4043; Mar. 16, 2021, D.C. Law 23-205, § 3(j), 68 DCR 000769; Sept. 21, 2022, D.C. Law 24-170, § 3(k), 69 DCR 009207.)

Cross References

Licensing of health professionals, general qualifications of applicants, see § 3-1205.03.

Emergency Legislation

For temporary (90 day) addition, see § 2(e)(21) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

For temporary addition of D.C. Law 6-99, § 524, concerning Council approval of massage therapy regulations directed at licensed therapist facilities, see § 502 of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).

§ 3–1205.24. Council approval of massage therapy regulations directed at licensed therapist facilities.

There shall be no regulation of massage therapy that is directed at regulating a licensed therapist facility without affirmative approval by the Council of the District of Columbia.

Subchapter VI. Advanced Registered Nursing; Scope of Practice; Requirement of Protocol; Collaboration.

§ 3–1206.01. General authorization.

(a) The advanced practice registered nurse may perform actions of medical diagnosis, treatment, prescription, recommendation, and other functions authorized by this subchapter, or by Chapter 16B of Title 7.

(b) Repealed.

§ 3–1206.02. Requirements of protocols. [Repealed]

Repealed.

§ 3–1206.03. Collaboration.

(a) Generally, advanced practice registered nurses shall carry out acts of advanced registered nursing in collaboration with a licensed health care provider.

(b) Repealed.

(d) Notwithstanding the provisions of this section, hospitals, facilities, and agencies, in requiring specific levels of collaboration and licensed health care providers in agreeing to the levels of collaboration, shall apply reasonable, nondiscriminatory standards, free of anticompetitive intent or purpose, in accordance with Chapter 14 of Title 2, Chapter 45 of Title 28, ands § 44-507.

§ 3–1206.04. Authorized acts.

An advanced practice registered nurse may:

(1) Initiate, monitor, and alter drug therapies;

(2) Initiate appropriate therapies or treatments;

(3) Make referrals for appropriate therapies or treatments;

(4) Perform additional functions within his or her specialty determined in accordance with rules and regulations promulgated by the board; and

(5) Sign, certify, stamp, or endorse all documents that require a signature by a physician, in place of a physician, provided it is within the scope of their authorized practice.

§ 3–1206.05. Nurse-anesthesia. [Repealed]

Repealed.

§ 3–1206.06. Nurse-midwifery. [Repealed]

Repealed.

§ 3–1206.07. Nurse-practitioner practice. [Repealed]

Repealed.

§ 3–1206.08. Qualifications, certification. [Repealed]

Repealed.

Subchapter VI-A. Naturopathic Medicine; Scope of Practice; Required Disclosures.

§ 3–1206.21. Scope of practice.

(a) In connection with the system of health care defined in § 3-1201.02(7A), an individual licensed to practice naturopathic medicine under this subchapter may:

(1) Administer or provide for preventive and therapeutic purposes natural medicines by their appropriate route of administration, natural therapies, topical medicines, counseling, hypnotherapy, dietary therapy, naturopathic physical medicine, therapeutic devices, and barrier devices for contraception. For the purposes of this paragraph, the term “naturopathic physical medicine” means the use of the physical agents of air, water, heat, cold, sound, and light, and the physical modalities of electrotherapy, biofeedback, diathermy, ultraviolet light, ultrasound, hydrotherapy, and exercise, and includes naturopathic manipulation and mobilization therapy; and

(2) Review and interpret the results of diagnostic procedures commonly used by physicians in general practice, including physical and orificial examinations, electrocardiograms, diagnostic imaging techniques, phlebotomy, clinical laboratory tests and examinations, and physiological function tests.

(b) An individual licensed to practice naturopathic medicine under this chapter shall not:

(1) Prescribe, dispense, recommend, or administer any controlled substances, except those natural medicines authorized by this chapter;

(2) Perform surgical procedures, except for minor office procedures, as defined by rule;

(3) Use for therapeutic purposes, any device regulated by the United States Food and Drug Administration (“FDA”) that has not been approved by the FDA.

(4) Participate in naturopathic childbirth, unless the naturopathic physician:

(A) Passes a specialty examination in obstetrics or natural childbirth approved by the Advisory Committee on Naturopathic Medicine, Board of Medicine, or the Mayor, such as the American College of Nurse Midwives Written Examination or an equivalent national examination;

(B) Has a minimum of 100 hours of course work, internship, or preceptorship in obstetrics of natural childbirth approved by the Advisory Committee on Naturopathic Medicine;

(C) Files with the Department of Health and maintains a written collaboration agreement with a licensed obstetrician who is qualified to perform obstetrical surgery; and

(D) Has assisted in a minimum of 50 supervised births, including prenatal and postnatal care, under the direct supervision of a licensed naturopathic, medical, or osteopathic physician with specialty training in obstetrics or natural childbirth, at least 25 of which document the naturopathic physician as the primary birth attendant.

(c) Nothing in this section shall be construed to prohibit the use, practice, or administration of nutritional supplements, iridology, herbs, vitamins, foods, food extracts, homeopathic preparations, natural therapies and remedies, and such physical forces as heat, cold, touch, and light, as permitted by law, by persons not licensed to practice naturopathic medicine under this chapter.

(d) An individual licensed to practice naturopathic medicine under this chapter may use the titles “Doctor of Naturopathic Medicine”, “Naturopathic Physician”, “Licensed Naturopath”, “Naturopathic Doctor”, “Doctor of Naturopathy”, “Naturopath”, or the initials “ND” or an “NMD”.

§ 3–1206.22. Required disclosures.

Unless also licensed by the Board of Medicine to practice medicine in the District, practitioners of naturopathic medicine shall:

(1) Provide to the client or patient, before providing services, a written notice in a language the client or patient understands that the practitioner is not licensed to practice medicine; and

(2) Obtain written acknowledgment from the client or patient that the client or patient has been provided the notice required in paragraph (1) of this section.

Subchapter VI-B. Anesthesiologist Assistants; Scope of Practice; License Renewal; Transition; Council Hearing.

§ 3–1206.31. Scope of practice.

(a) An anesthesiologist assistant shall be licensed by the Board of Medicine before administering anesthesia within the District of Columbia.

(b) An individual licensed to practice as an anesthesiologist assistant, as that practice is defined in § 3-1201.02(2A), shall have the authority to:

(1) Obtain a comprehensive patient history, perform relevant elements of a physical examination, and present the history to the supervising anesthesiologist;

(2) Pretest and calibrate anesthesia delivery systems and obtain and interpret information from the systems and monitors, in consultation with an anesthesiologist;

(3) Assist the supervising anesthesiologist with the implementation of medically accepted monitoring techniques;

(4) Establish basic and advanced airway interventions, including intubation of the trachea and performing ventilatory support;

(5) Administer intermittent vasoactive drugs and start and adjust vasoactive infusions;

(6) Administer anesthetic drugs, adjuvant drugs, and accessory drugs, including narcotics;

(7) Assist the supervising anesthesiologist with the performance of epidural anesthetic procedures, spinal anesthetic procedures, and other regional anesthetic techniques;

(8) Administer blood, blood products, and supportive fluids;

(9) Provide assistance to a cardiopulmonary resuscitation team in response to a life-threatening situation;

(10) Monitor, transport, and transfer care to appropriate anesthesia or recovery personnel;

(11) Participate in administrative, research, and clinical teaching activities, as authorized by the supervising anesthesiologist; and

(12) Perform such other tasks that an anesthesiologist assistant has been trained and is proficient to perform.

(1) Prescribe any medications or controlled substances;

(2) Practice or attempt to practice unless under the supervision of an anesthesiologist who is immediately available for consultation, assistance, and intervention;

(3) Practice or attempt to administer anesthesia during the induction or emergence phase without the personal participation of the supervising anesthesiologist; or

(4) Administer any drugs, medicines, devices, or therapies the supervising anesthesiologist is not qualified or authorized to prescribe.

(d)(1) The supervising anesthesiologist shall be immediately available to participate directly in the care of the patient whom the anesthesiologist assistant and the anesthesiologist are jointly treating, and shall at all times accept and be responsible for the oversight of the health care services rendered by the anesthesiologist assistant.

(2) A supervising anesthesiologist shall be present during the induction and the emergence phases of a patient to whom anesthesia has been administered.

(3) A supervising anesthesiologist may supervise up to 4 anesthesiologist assistants at any one time.

(4) No faculty member of an anesthesiologist assistants program shall concurrently supervise more than 2 anesthesiologist assistant students who are delivering anesthesia.

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

(1) “Anesthesiologist” means a physician who has completed a residency in anesthesiology approved by the American Board of Anesthesiology or the American Osteopathic Board of Anesthesiology and who is currently licensed to practice medicine in the District of Columbia.

(2) “Immediately available” means the supervising anesthesiologist is:

(A) Present in the building or facility in which anesthesia services are being provided by an anesthesiologist assistant; and

(B) Able to directly provide assistance to the anesthesiologist assistant in providing anesthesia services to the patient in accordance with the prevailing standards of:

(i) Acceptable medical practice;

(ii) The American Society of Anesthesiologists’ guidelines for best practice of anesthesia in a care team model; and

(iii) Any additional requirements established by the Board of Medicine through a formal rulemaking process.

(3) “Supervision” means directing and accepting responsibility for the anesthesia services rendered by an anesthesiologist assistant in a manner approved by the Board of Medicine.

§ 3–1206.32. License renewal.

The Board of Medicine shall renew the license of an anesthesiologist assistant who, in addition to meeting the requirements of § 3-1205.10, has submitted to the Board, along with the application for renewal, documentation of current certification as an Anesthesiologist Assistant — Certified (“AA-C”) by the Commission for the Accreditation of Allied Health Education Programs, or its successor, including completion of the necessary continuing medical education credits required to maintain AA-C status.

§ 3–1206.33. Transition.

For a period of 2 years following March 16, 2005, all references in this chapter to anesthesiologist assistants shall be deemed to refer to persons meeting the requirements for licensure in the District, regardless of whether they are licensed in fact.

§ 3–1206.34. Council hearing.

Three years from March 16, 2005, the Council committee having jurisdiction over the Department of Health shall hold a public hearing on the appropriateness of the requirements for anesthesiologist assistants imposed by the Act [D.C. Law 15-237].

Subchapter VI-C. Surgical Assistants; Scope of Practice; License Renewal; Transition.

§ 3–1206.41. Scope of practice.

(a) A surgical assistant shall be licensed by the Board of Medicine before practicing as a surgical assistant within the District of Columbia.

(b) An individual licensed to practice as a surgical assistant, as that practice is defined in § 3-1201.02(20) shall have the authority to:

(1) Provide local infiltration or the topical application of a local anesthetic and hemostatic agents at the operative site;

(2) Incise tissues;

(3) Ligate and approximate tissues with sutures and clamps;

(4) Apply tourniquets, casts, immobilizers, and surgical dressings;

(5) Check the placement and operation of equipment;

(6) Assist in moving and positioning the patient;

(7) Assist the surgeon in draping the patient;

(8) Prepare a patient by cleaning, shaving, and sterilizing the incision area;

(9) Retract tissue and expose the operating field area during operative procedures;

(10) Place suture ligatures and clamp, tie, and clip blood vessels to control bleeding during surgical entry;

(11) Use cautery for hemostasis under direct supervision;

(12) Assist in closure of skin and subcutaneous tissue;

(13) Assist in the cleanup of the surgical suite; and

(14) Check and restock the surgical suite.

(1) Perform any surgical procedure independently;

(2) Have prescriptive authority; or

(3) Write any progress notes or orders on hospitalized patients, except operative notes.

(d) A supervising surgeon shall perform the critical portions of a surgical procedure and shall remain immediately available in the surgical suite for delegated acts that the surgical assistant performs or to respond to any emergency. Telecommunication shall not suffice as a means for directing delegated acts.

(e) For the purposes of this section, the term “supervising surgeon” means a surgeon licensed by the Board who delegates to a licensed surgical assistant surgical assisting and oversees and accepts responsibility for the surgical assisting.

§ 3–1206.42. License renewal.

The Board of Medicine shall renew the license of a surgical assistant who, in addition to meeting the requirements of § 3-1205.04(q), has submitted to the Board, along with the application for renewal, documentation of current certification as a surgical assistant by:

(1) The National Surgical Assistant Association;

(2) The American Board of Surgical Assistants; or

(3) The National Board of Surgical Technology and Surgical Assisting.

§ 3–1206.43. Transition.

For a period of 2 years following March 6, 2007, all references in this chapter to surgical assistants shall be deemed to refer to persons meeting the requirements for licensure in the District, regardless of whether they are licensed in fact.

Subchapter VI-D. Trauma Technologists; Scope of Practice; License Renewal; Transition.

§ 3–1206.51. Scope of practice.

(a) An individual shall be licensed by the Board of Medicine before practicing as a trauma technologist in the District of Columbia.

(b) An individual licensed to practice as a trauma technologist shall have the authority to:

(1) Identify respiratory emergencies and perform critical interventions with oxygen therapy equipment, including bag valve masks;

(2) Identify circulatory emergencies and perform critical interventions, including cardiopulmonary resuscitation;

(3) Identify, assess, and treat, as required, various eye injuries, soft tissue injuries, ligament and tendon injuries, musculoskeletal injuries, environmental emergencies, and exposure and reactions to poisons;

(4) Provide topical and infiltration application of a local anesthetic,

(5) Apply tourniquets, casts, immobilizers, and surgical dressings;

(6) Perform phlebotomy and insert intravenous catheters; and

(7) Suture lacerations and provide wound care.

(1) Perform any surgical procedure independently;

(2) Have prescriptive authority; or

(3) Write any progress notes or orders on hospitalized patients.

(d) Telecommunication by a physician licensed to practice in the District of Columbia may suffice as a means for directing delegated acts for a trauma technologist who is under the indirect supervision of that physician.

§ 3–1206.52. License renewal.

The Board of Medicine shall renew the license of a trauma technologist who, in addition to meeting the requirements of § 3-1205.04(r), has submitted to the Board, along with an application for renewal, documentation of successful completion of 50 hours of Board-approved continuing medical education within 2 years before the date the license expires. Continuing medical education may consist of critiques, didactic session, practical drills, workshops, seminars, or other Board-approved means.

§ 3–1206.53. Transition.

For a period of 12 months following January 25, 2014, all references in this chapter to “trauma technologists” shall be deemed to refer to persons meeting the requirements for licensure in the District, regardless of whether they are licensed in fact.

Subchapter VI-E. Maternity Centers Certification; Operations Administration.

§ 3–1206.61. Definitions.

For the purposes of this subchapter, the term:

(1) "Applicant" means an organization petitioning the Director of the Department of Health to become a certified maternity center.

(2) "Maternity center" means a facility or other place, other than a hospital or the mother's home, that provides antepartal, intrapartal, and postpartal care for both mother and newborn infant during and after a normal, uncomplicated pregnancy.

(Mar. 25, 1986, D.C. Law 6-99, § 661; as added June 17, 2020, D.C. Law 23-97, § 2(e), 67 DCR 3912.)

Applicability

Section 7078 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-97 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-97 has been implemented.

Applicability of D.C. Law 23-97: § 6 of D.C. Law 23-97 provided that the creation of this section by § 2(e) of D.C. Law 23-97 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Editor's Notes

Section 5 of D.C. Law 23-97 provided that the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of D.C. Law 23-97.

§ 3–1206.62. Certification of maternity centers.

(a) Upon receipt of satisfactory proof from the applicant, the Mayor shall certify that the following services will be provided at a maternity center by or under the supervision of a certified nurse-midwife, certified midwife, or a certified professional midwife that has a licensed physician is available at all times:

(1) Diagnostic services for screening at-risk maternity patient-clients and newborn infants;

(2) Referral for care of at-risk maternity patient-clients and newborn infants; and

(3) Midwifery services for the care of at-risk maternity patient-clients and newborn infants.

(b)(1) An individual or entity shall be appointed by the maternity center to develop and maintain a written organizational plan and be responsible for the appointment of a certified nurse-midwife, certified midwife, or a CPM as director of the maternity center and a qualified physician as Director of Medical Affairs.

(2) A maternity center shall not be required to employ a director of medical affairs if the maternity center is able to produce demonstrative evidence that the maternity center has access to appropriate consultation and transfer of care with an obstetrician within an appropriate distance from the birthing center.

(c) If midwifery services are provided by a maternity center, a certified nurse-midwife, certified midwife, CPM, or the director of a maternity center shall be appointed director of midwifery services.

(Mar. 25, 1986, D.C. Law 6-99, § 662; as added June 17, 2020, D.C. Law 23-97, § 2(e), 67 DCR 3912; Dec. 29, 2021, D.C. Law 24-46, § 2(e)(1), 68 DCR 011642.)

Applicability

Editor's Notes

Section 5 of D.C. Law 23-97 provided that the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of D.C. Law 23-97.

§ 3–1206.63. Maternity center operating procedures.

(a)(1) Each maternity center, regardless of size, shall have written practice guidelines establishing procedures for both normal and emergency care. The practice guidelines shall be consistent with the Practice Guidelines of the American College of Nurse-Midwives, Standards of Practice of the National Association of Certified Professional Midwives, and District of Columbia laws and regulations relating to midwifery practices. The practice guidelines shall indicate the areas of responsibility of medical, certified nurse-midwife, certified midwife, certified professional midwifery, and nursing personnel and the extent to which the responsibility of physicians can be delegated. The practice guidelines shall be available to all members of the center and shall be reviewed annually. The practice guidelines shall not be interpreted to set, establish, define, enumerate, or otherwise lower the applicable standard of care for a certified professional midwife, a certified nurse-midwife, or a certified midwife.

(2) Delivery practice guidelines shall be consistent with the current professional standards of the National Association of Childbearing Centers, the Commission for the Accreditation of Birth Centers, the National Association of Certified Professional Midwives, and the American College of Nurse Midwives, but these practice guidelines shall not be interpreted to set, establish, define, enumerate, or otherwise lower the applicable standard of care for certified midwife, certified professional midwife, or certified nurse-midwife.

(b) A certified nurse-midwife, certified midwife, certified professional midwife, or physician with special training in obstetrics shall attend each patient-client in labor from the time of admission, during labor, during birth, and through the immediate postpartum period; except, that attendance may be delegated to another certified nurse-midwife, certified midwife, a CPM, or physician. At least 2 attendants shall be present at every birth, one of whom is a certified nurse-midwife, certified midwife, CPM, or physician with special training in obstetrics. Both attendants shall be certified in adult cardiopulmonary resuscitation ("CPR"), equivalent to the American Heart Association Class C basic life support, and neonatal CPR, equivalent to the American Academy of Pediatrics or American Heart Association standards. Qualified personnel, including a certified nurse-midwife, certified midwife, CPM, or a Board-certified physician, shall always be on duty when patient-clients are admitted, whether on the premises or on call.

(Mar. 25, 1986, D.C. Law 6-99, § 663; as added June 17, 2020, D.C. Law 23-97, § 2(e), 67 DCR 3912; Mar. 16, 2021, D.C. Law 23-251, § 301(b), 68 DCR 001234; Dec. 29, 2021, D.C. Law 24-46, § 2(e)(2), 68 DCR 011642.)

Applicability

Editor's Notes

Section 5 of D.C. Law 23-97 provided that the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of D.C. Law 23-97.

§ 3–1206.64. Administration of medications.

(a) The practice guidelines governing drugs and medications shall provide for legal authorization, storage, administration, and record keeping, including requiring that:

(1) Medications be ordered by a certified-nurse midwife, CPM, certified midwife, physician, or other member of the staff who is licensed to write such orders;

(2) Medication orders be recorded in the patient-client's chart and signed by the ordering person with his or her full signature; and

(3) Medications be administered by a physician, nurse midwife, CPM, certified midwife, registered nurse or licensed practical nurse and in accordance with the approved practice guidelines by the Board of Medicine.

(Mar. 25, 1986, D.C. Law 6-99, § 664; as added June 17, 2020, D.C. Law 23-97, § 2(e), 67 DCR 3912; Dec. 29, 2021, D.C. Law 24-46, § 2(e)(3), 68 DCR 011642.)

Applicability

Editor's Notes

Section 5 of D.C. Law 23-97 provided that the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of D.C. Law 23-97.

Subchapter VI-F. Medicaid Reimbursement for Certified Professional Midwives and Doulas.

§ 3–1206.71. Reimbursement for certified professional midwives or certified midwives.

(a) A health benefit plan or health insurance provided through Medicaid shall provide coverage for services rendered by a certified professional midwife or a certified midwife for services within the scope of the practice of certified professional midwifery or the practice of certified midwifery, respectively, regardless of the location where such services are provided.

(b) Coverage for services provided by a certified professional midwife or certified midwife shall not be subject to any greater copayment, deductible, or coinsurance than is applicable to any other similar benefits provided by the health benefit plan or health insurance coverage provided through Medicaid.

(c) A health benefit plan may require that maternity services be provided by a certified professional midwife or a certified midwife under contract with the health benefit plan.

(d)(1) For the purposes of this section, the term "health benefit plan" means any accident and health insurance policy or certificate, hospital and medical services corporation contract, health maintenance organization subscriber contract, plan provided by a multiple employer welfare arrangement, or plan provided by another benefit arrangement.

(2) The term "health benefit plan" does not include:

(A) Accident-only coverage, credit, or disability insurance;

(B) Coverage of Medicare services or federal employee health plans, pursuant to contracts with the United States government;

(D) Dental only or vision only insurance;

(E) Specified-disease insurance;

(F) Hospital confinement indemnity coverage;

(G) Limited benefit health coverage;

(H) Coverage issued as a supplement to liability insurance;

(I) Insurance arising out of a workers' compensation or similar law;

(J) Automobile medical payment insurance;

(K) Medical expense and loss of income benefits; or

(L) Insurance under which benefits are payable with or without regard to fault and that is statutorily required to be contained in any liability insurance policy or equivalent self-insurance.

(Mar. 25, 1986, D.C. Law 6-99, § 671; as added June 17, 2020, D.C. Law 23-97, § 2(e), 67 DCR 3912; Dec. 29, 2021, D.C. Law 24-46, § 2(f), 68 DCR 011642.)

Applicability

Editor's Notes

Section 5 of D.C. Law 23-97 provided that the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of D.C. Law 23-97.

§ 3–1206.72. Reimbursement for doula services.

(a) By October 1, 2022, health insurance coverage through Medicaid or the DC HealthCare Alliance and the Immigrant Children's Program shall cover and reimburse eligible services provided by doulas; except, that no Medicaid payment shall be made until such time that the Centers for Medicare and Medicaid Services approves the Medicaid state plan amendment described in subsection (b) of this section.

(b)(1) By September 30, 2022, the Department of Health Care Finance ("DHCF") shall submit for approval from the Centers for Medicare and Medicaid Services an amendment to the Medicaid state plan to authorize the Medicaid payments described in this section.

(2) While preparing the Medicaid state plan amendment application, DHCF shall:

(A) In consultation with organizations providing doula services and other relevant entities, establish processes for billing and reimbursement of doula services, including:

(i) Setting competitive reimbursement rates;

(ii) Setting a reasonable number of doula visits to be reimbursed during the course of the pregnancy and postpartum period;

(iii) Developing program support and training for doula service providers to facilitate billing; and

(iv) Assessing the viability of incentive payments to doulas whose clients attend postpartum appointments with a medical provider.

(B) In consultation with the Department of Health and other relevant entities, issue rules to determine eligibility for reimbursement by Medicaid, the DC HealthCare Alliance, and the Immigrant Children's Program.

Subchapter VII. Qualifications for Licensure to Practice Dietetics and Nutrition; Waiver of Examination.

§ 3–1207.01. Qualifications for licensure.

(a) In addition to the general qualifications for licensure set forth in subchapter V of this chapter, and any requirements which the Mayor may establish by rule, a dietitian shall:

(1) Hold a baccalaureate or higher degree with a major in human nutrition, foods and nutrition, dietetics, food systems management, or an equivalent major course of study, approved by the Board, from a school, college, or university that was approved by the appropriate accrediting body recognized by the Council on Postsecondary Accreditation or the United States Department of Education at the time the degree was conferred; and

(2) Successfully complete the certification examination of the Commission on Dietetic Registration of the American Dietetic Association.

(b) Licensure to practice dietetics pursuant to this chapter shall also entitle the licensee to use the title of nutritionist.

(c) In addition to the general qualifications for licensure set forth in subchapter V of this chapter, and any requirements which the Mayor may establish by rule, a nutritionist shall:

(1) Hold a baccalaureate or higher degree with a major in human nutrition, food and nutrition, dietetics, food systems management, or an equivalent major course of study, approved by the Board, from a school, college, or university that was approved by the appropriate accrediting body recognized by the Council on Postsecondary Accreditation or the United States Department of Education at the time the degree was conferred, or shall have completed other training, approved by the Board, which is substantially equivalent to the curricula of accredited institutions; and

(2) Successfully complete the examination developed and required by the Mayor and administered by the Board.

(d) The Mayor, by rule, shall establish requirements for the completion of a planned, continuous, preprofessional program of supervised experience as a condition for licensure as a dietitian or nutritionist.

(e) The Mayor shall, within 12 months of March 25, 1986, develop, and update as necessary, an examination to assess an applicant’s knowledge and understanding of the principles of nutrition and ability to apply the principles effectively and for the benefit of patients or clients in the practice of nutrition.

§ 3–1207.02. Waiver of examination.

The board shall waive the examination requirement of § 3-1207.01(a)(2) and (c)(2) for any applicant for licensure as a dietitian or nutritionist who presents evidence satisfactory to the Board that the applicant meets the qualifications required by § 3-1207.01(a)(1) or § 3-1207.01(c)(1) and has been employed in the practice of dietetics or nutrition on a full-time or substantially full-time basis for at least 3 of the last 5 years immediately preceding March 25, 1986, provided that application for the waiver is made within 24 months of March 25, 1986.

Subchapter VII-A. Qualifications for Licensure to Practice Professional Counseling; Transition of Professional Counselors; Waiver of Licensure Requirements.

§ 3–1207.10. Qualifications for licensure.

(a) The Board of Professional Counseling shall license as a professional counselor a person who, in addition to meeting the requirements of subchapter V of this chapter, has satisfactorily completed the examination process, has completed 60 hours of postgraduate education in counseling or a related subject from an accredited college or university, and has completed 2 years of supervised counseling experience.

(b) The Board of Professional Counseling shall license as a graduate professional counselor a person who, in addition to meeting the requirements of subchapter V of this chapter [§3-1205.01 et seq.], has satisfactorily completed the examination process and has completed 48 hours of graduate education leading to a Master’s degree in counseling or a related subject from an accredited college or university.

(c) The Board of Professional Counseling shall license, by endorsement, a professional counselor who, in addition to meeting the requirements of subchapter V of this chapter [§3-1205.01 et seq.],, is currently licensed in another state and meets the American Association of State Counseling Boards Tier II requirements, which consist of:

(1) Completion of at least 60 hours of postgraduate education leading to a Master’s degree in counseling or a related field obtained from an institution of higher education that is regionally accredited by an accrediting body recognized by the U.S. Department of Education;

(2) Supervision by another person, which shall consist of at least 2 years of post-Master’s counseling experience with a minimum of 4,000 hours;

(3) Having 2,500 hours of direct client contact within the 4,000 hours;

(4) A minimum of 100 hours of clinical supervision, post-Master’s, of which 50 hours may be in group supervision; and

(5) Five years of post-licensure experience in clinical counseling at the independent level.

§ 3–1207.11. Transition of professional counselors.

For a period of 2 years following July 22, 1992, all reference to a professional counselor shall be deemed to refer to a person meeting the requirements for licensure in the District, regardless of whether that person is licensed.

§ 3–1207.12. Waiver of licensure requirements.

(a) The Board of Professional Counseling shall waive the 60 hours of postgraduate education and examination requirements for any applicant for licensure as a professional counselor who can demonstrate, to the satisfaction of the Board, that he or she holds a bachelor’s degree in counseling or a related subject from an accredited college or university and has been performing the functions of a professional counselor, as defined by this subchapter, on a full-time or substantially full-time basis continually for at least 24 months immediately preceding July 22, 1992, and is qualified to do so on the basis of pertinent education, training, experience, and demonstrated current competence, provided that the application for licensure is made within 24 months of July 22, 1992.

(b) The Board of Professional Counseling shall waive the examination requirement for any applicant who meets the educational requirements for licensure as a professional counselor if the person has practiced as a professional counselor or as a professional counselor administrator within a 3-year period immediately preceding July 22, 1992, and is qualified to do so on the basis of pertinent experience and demonstrated current competence, provided that the application for licensure is made within 12 months of July 22, 1992.

(c) Applicants licensed under the waiver provisions of this section shall be eligible for license renewal on the same terms as all other licensed professional counselors.

Subchapter VII-B. Waiver of Licensure Requirements for Respiratory Care Practitioners.

§ 3–1207.21. Waiver of licensure requirements — Demonstration of performance.

The Board of Respiratory Care shall waive the educational and examination requirements for any applicant for licensure as a respiratory therapist who can demonstrate, to the satisfaction of the Board, that he or she has been performing the functions of a respiratory therapist, as defined in this chapter, on a full-time or substantially full-time basis continually at least 12 months immediately preceding March 14, 1995, and is qualified to do so on the basis of pertinent education, training, experience and demonstrated current competence, provided that the application for the license is made within 12 months of October 17, 2002.

(Mar. 25, 1986, D.C. Law 6-99, § 720; as added Mar. 14, 1995, D.C. Law 10-203, § 2(h), 41 DCR 7707; Apr. 18, 1996, D.C. Law 11-110, § 7(c), 43 DCR 530; Oct. 17, 2002, D.C. Law 14-197, § 2(a), 49 DCR 7642.)

Prior Codifications

1981 Ed., § 2-3307.21.

Effect of Amendments

D.C. Law 14-197 substituted “12 months of October 17, 2002” for “24 months of March 14, 1995”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) of Education and Examination Exemption for Respiratory Care Practitioners Emergency Amendment Act of 2002 (D.C. Act 14-280, February 25, 2002, 49 DCR 2293).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Education and Examination Exemption for Respiratory Care Practitioners Temporary Amendment Act of 2002(D.C. Law 14-142, May 21, 2002, law notification 49 DCR 5059).

§ 3–1207.22. Waiver of licensure requirements — Meeting educational requirements.

The Board of Respiratory Care shall waive the examination requirement for any applicant who meets the educational requirements for licensure as a respiratory therapist, whether full time or not, within a 3-year period immediately preceding March 14, 1995, and is qualified to do so on the basis of pertinent experience, and demonstrated current competence, provided that application for the license is made within 12 months of October 17, 2002.

(Mar. 25, 1986, D.C. Law 6-99, § 721; as added Mar. 14, 1995, D.C. Law 10-203, § 2(h), 41 DCR 7707; Apr. 18, 1996, D.C. Law 11-110, § 7(d), 43 DCR 530; Oct. 17, 2002, D.C. Law 14-197, § 2(b), 49 DCR 7642.)

Prior Codifications

1981 Ed., § 2-3307.22.

Effect of Amendments

D.C. Law 14-197 substituted “12 months of October 17, 2002” for “24 months of March 14, 1995”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(b) of Education and Examination Exemption for Respiratory Care Practitioners Emergency Amendment Act of 2002 (D.C. Act 14-280, February 25, 2002, 49 DCR 2293).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Education and Examination Exemption for Respiratory Care Practitioners Temporary Amendment Act of 2002(D.C. Law 14-142, May 21, 2002, law notification 49 DCR 5059).

§ 3–1207.23. Eligibility for license renewal.

Applicants licensed under the waiver provisions of this subchapter shall be eligible for license renewal on the same terms as all other licensed respiratory care practitioners.

Subchapter VII-C. Waiver of Licensure Requirements for Massage Therapists. [Repealed].

§ 3–1207.31. Waiver of licensure requirements — Demonstration of performance. [Repealed]

Repealed.

§ 3–1207.32. Waiver of licensure requirements — Meeting educational requirements. [Repealed]

Repealed.

§ 3–1207.33. Eligibility for license renewal. [Repealed]

Repealed.

Subchapter VII-D. Pharmaceutical Detailers; Scope of Practice; Qualifications for Licensure; Waiver of Licensure Requirements; Continuing Education; Penalties.

§ 3–1207.41. Scope of practice.

(a) Except as provided in § 3-1205.02(a)(2A), an individual shall be licensed by the Board of Pharmacy before engaging in the practice of pharmaceutical detailing in the District of Columbia.

(b) A pharmaceutical detailer shall not:

(1) Engage in any deceptive or misleading marketing of a pharmaceutical product, including the knowing concealment, suppression, omission, misleading representation, or misstatement of any material fact;

(2) Use a title or designation that might lead a licensed health professional, or an employee or representative of a licensed health professional, to believe that the pharmaceutical detailer is licensed to practice medicine, nursing, dentistry, optometry, pharmacy, or other similar health occupation, in the District of Columbia, unless the pharmaceutical detailer currently holds such a license; or

(3) Attend patient examinations without the consent of the patient.

(Mar. 25, 1986, D.C. Law 6-99, § 741; as added Mar. 26, 2008, D.C. Law 17-131, § 102(g), 55 DCR 1659; Oct. 22, 2015, D.C. Law 21-36, § 5032(b), 62 DCR 10905.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 added “Except as provided in § 3-1205.02(a)(2A)” in (a).

Emergency Legislation

For temporary (90 days) addition of this section, see § 5032(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Delegation of Authority

Delegation of Authority pursuant to D.C. Law 17-131, the SafeRX Amendment Act of 2008, see Mayor’s Order 2008-83, June 11, 2008 ( 55 DCR 9360).

Delegation of Authority pursuant to D.C. Law 17-131, the SafeRX Amendment Act of 2008, see Mayor’s Order 2008-94, July 3, 2008 ( 55 DCR 9375).

§ 3–1207.42. Qualifications for licensure.

In addition to the general qualifications for licensure set forth in this chapter, an individual applying for a license to practice pharmaceutical detailing shall:

(1) Establish, to the satisfaction of the Board of Pharmacy, that he or she is a graduate of a recognized institution of higher education;

(2) Pay the required licensure fee; and

(3) Submit to the Board of Pharmacy a notarized statement that he or she understands and agrees to abide by the requirements for the practice of pharmaceutical detailing, including the code of ethics, as established by the Board pursuant to § 3-1202.08 and in accordance with this subchapter.

§ 3–1207.43. Waiver of licensure requirements.

The Board of Pharmacy shall waive the educational requirements for an applicant for licensure as a pharmaceutical detailer who can demonstrate, to the satisfaction of the Board, that he or she has been performing the functions of a pharmaceutical detailer, as defined in this subchapter, on a full-time, or substantially full-time, basis for at least 12 months immediately preceding March 26, 2008.

§ 3–1207.44. Continuing education.

The Mayor shall establish by rule continuing-education requirements as a condition for renewal of the license to practice pharmaceutical detailing.

§ 3–1207.45. Penalties.

In addition to the penalties set forth in this chapter, a person who practices pharmaceutical detailing without a license, except as provided in § 3-1205.02(a)(2A), shall be subject to a fine of up to $10,000.

Subchapter VII-E. Registered Pharmacy Technicians.

§ 3–1207.51. Definitions.

For the purposes of this subchapter, the term:

(1) “Board” means the Board of Pharmacy.

(2) “Direct supervision” means, with respect to the supervision of a pharmacy technician or pharmacy technician trainee, that a licensed pharmacist is:

(A) Physically present at the same pharmacy as the pharmacy technician or pharmacy technician trainee and in the general vicinity of the pharmacy technician or pharmacy technician trainee;

(B) Readily available to answer questions of the pharmacy technician or pharmacy technician trainee;

(C) Making appropriate in-process and end-process verifications of the activities of the pharmacy technician or pharmacy technician trainee; and

(D) Fully responsible for the practice of the pharmacy technician or pharmacy technician trainee.

(3) “Pharmacy technician trainee” means a person enrolled in a Board- approved training program who may perform the duties of a registered pharmacy technician under the direct supervision of a pharmacist in a licensed pharmacy in the District.

(4) “Registered pharmacy technician” means a person who is registered with the Board as a pharmacy technician.

§ 3–1207.52. Registration.

(a) Except as provided in § 3-1207.54 and subsection (d) of this section, a person shall not engage in practice as a pharmacy technician in the District unless the person holds a valid registration issued by the Board and practices under the direct supervision of a person licensed to practice pharmacy under this chapter.

(b) To be eligible for registration as a pharmacy technician, a person shall provide proof acceptable to the Board that he or she has:

(1) A high school diploma or its equivalent, or has passed a Board- approved examination that proves that he or she has achieved competency in the educational skills required to perform the function of a pharmacy technician; and

(2)(A) A current certification from the Pharmacy Technician Certification Board, the National Healthcareer Association, or another national or state certifying organization approved by the Board; or

(B) Successfully completed one of the following types of pharmacy training programs, which shall include a Board-approved exam:

(i) A national, regional, or state accredited pharmacy technician training program recognized by the Board;

(ii) A pharmacy technician program at a college or university that is accredited by an accrediting body recognized by the Secretary of the United States Department of Education or the Council on Postsecondary Accreditation;

(iii) An employer-based pharmacy technician training program recognized by the Board that includes within a one-year period a minimum of 160 hours of training, including theoretical and practical instruction; or

(iv) A pharmacy technician program that meets the guidelines of the American Society of Health-System Pharmacists, is licensed by the District of Columbia Educational Licensure Commission, and has certified to the Board its intent to pursue accreditation upon becoming eligible to do so.

(c) Notwithstanding subsection (b) of this section, for a period of one year after the effective date of rules issued pursuant to § 3-1207.58, a person who does not meet the requirements for registration under subsection (b) of this section shall be eligible for registration as a pharmacy technician if:

(1) The person is at least 17 years of age;

(2) The person submits proof, acceptable to the Board, that he or she has worked as a pharmacy technician for at least the 24 months immediately before May 1, 2013; and

(3) A licensed pharmacist who has supervised the applicant for at least the 6 months immediately before the date the person applies for registration attests in writing that the person has competently performed the functions of a pharmacy technician.

(d) Notwithstanding subsection (a) of this section, for a period of one year after the effective date of the rules issued pursuant to § 3-1207.58, a person who is not eligible for registration under subsection (b) or (c) of this section may engage in practice as a pharmacy technician if the person:

(1) Has received training to competently and safely perform the tasks assigned; and

(2) Engages in the practice as a pharmacy technician under the direct supervision of a pharmacist licensed under this chapter.

§ 3–1207.53. Identification.

A registered pharmacy technician shall wear a name tag bearing the title “registered pharmacy technician” and display his or her current registration in a conspicuous place in the pharmacy in which he or she is employed.

§ 3–1207.54. Trainees.

(a) The Board shall issue rules regulating the duties and scope of the practice of pharmacy technician trainees.

(b) The Board, through rulemaking, may require that pharmacy technician trainees register with the Board.

(c) A pharmacy technician trainee shall not use a title other than pharmacy technician trainee and shall wear a name tag bearing the title “pharmacy technician trainee”.

§ 3–1207.55. Authorized services.

(a) A registered pharmacy technician may provide technical pharmacy-related services, as defined through rulemaking, that do not require professional judgment regarding the preparation and distribution of drugs if the technical services are provided under the direct supervision of a pharmacist licensed under this chapter.

(b) Notwithstanding subsection (a) of this section, a registered pharmacy technician shall not provide the following services:

(1) Drug regimen review;

(2) Clinical conflict resolution;

(3) Prescriber contact, except for receiving authorization of prescription refills;

(4) Therapy modification;

(5) Patient counseling;

(6) Dispensing process validation;

(7) Vaccination or immunization administration;

(8) Receiving a new prescription drug order over the telephone;

(9) Any activity required by law or regulation to be performed only by a pharmacist; or

(10) Any activity for which professional pharmaceutical judgment is required.

§ 3–1207.56. Waiver of requirements.

The Board shall waive the educational and examination requirements under § 3-1207.52(b) for any applicant for registration or registration renewal who can demonstrate to the satisfaction of the Board that he or she has been performing the function of a pharmacy technician on a full-time or substantially full-time basis continually for at least 24 months immediately preceding May 1, 2013, and is qualified to do so on the basis of pertinent education, training, experience, and demonstrated current experience; provided, that the application is made within 24 months of May 1, 2013.

§ 3–1207.57. Other pharmacy-related services.

(a) Unless otherwise authorized by the Board, an individual who works at a pharmacy and is not licensed or registered by the Board as a pharmacist or pharmacy intern or authorized to perform the services of a pharmacy technician under this chapter, may perform only ancillary pharmacy services, such as:

(1) Cashiering;

(2) Bookkeeping;

(3) Pricing;

(4) Stocking;

(5) Delivering;

(6) Answering nonprofessional telephone inquiries; and

(7) Documenting third-party reimbursement.

(b) An individual who is not licensed or registered by the Board as a pharmacist or pharmacy intern or authorized to perform the services of a pharmacy technician under this chapter shall not perform the tasks of a:

(1) Pharmacist;

(2) Pharmacy intern;

(3) Pharmacy technician; or

(4) Pharmacy technician trainee.

§ 3–1207.58. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this subchapter.

Subchapter VII-F. Qualifications for Licensure to Practice as a Clinical Laboratory Practitioner.

§ 3–1207.61. Qualifications for licensure.

(a) The Board of Pharmacy shall license as a cytotechnologist a person who, in addition to meeting the requirements of subchapter V of this chapter, has:

(1) At least a baccalaureate degree from an accredited institution that incorporates the academic coursework and minimum hours of supervised training required by the regulations adopted by the Board and whose program is accredited by an agency recognized by the U.S. Department of Education, or has qualified as a cytotechnologist under federal regulations; and

(2) Passed a national certification examination given by the Board or from a body recognized by the Board.

(b) The Board of Pharmacy shall license as a histologic technician a person who, in addition to meeting the requirements of subchapter V of this chapter, has demonstrated, to the satisfaction of the Board, that he or she possesses the medical laboratory education, training, or experience that is appropriate for medical laboratory technicians concentrating in histology.

(c) The Board of Pharmacy shall license as a histotechnologist a person who, in addition to meeting the requirements of subchapter V of this chapter, has:

(1)(A) At least a baccalaureate degree in biological sciences and chemistry from an accredited institution recognized by the U.S. Department of Education; or

(B) Successfully completed a histotechnology program accredited by an agency recognized by the U.S. Department of Education or one year of full-time laboratory work experience in histology deemed acceptable by the Board of Pharmacy; and

(2) Passed a national certification examination given by the Board or from a body recognized by the Board.

(d) The Board of Pharmacy shall license as a medical laboratory technician a person who, in addition to meeting the requirements of subchapter V of this chapter, has:

(1) Successfully completed a medical laboratory technician program accredited by an agency recognized by the U.S. Department of Education or a military medical laboratory specialists program;

(2) Obtained an associate degree or has at least 60 semester hours or 90 quarter hours from an accredited institution recognized by the U.S. Department of Education, including a minimum of 6 semester hours or 9 quarter hours of biological science and 6 semester hours or 9 quarter hours of chemical science, and has 3 years of full-time acceptable medical laboratory work experience within the last 5 years; or

(3) Been previously qualified as a medical laboratory technologist under federal regulations; and

(4) Passed a national certification examination given by the Board or from a body recognized by the Board.

(e)(1) The Board of Pharmacy shall license as a medical technologist a person who, in addition to meeting the requirements of subchapter V of this chapter, has:

(A) At least a baccalaureate degree from an accredited institution that includes courses in biological science, chemistry, and mathematics, and has successfully completed a medical technology program accredited by an agency recognized by the U.S. Department of Education;

(B) A baccalaureate degree from a regionally accredited institution recognized by the U.S. Department of Education, including a minimum of 16 semester hours or 24 quarter hours of biological science, 16 semester hours or 24 quarter hours of chemical science, including one semester or one quarter in organic chemistry or biochemistry, one semester or one quarter of mathematics, and 3 years of full-time, clinical laboratory work experience in the major disciplines of laboratory practice deemed acceptable by the Board of Pharmacy, within the last 5 years and one of the following:

(i) Certification as a medical laboratory technologist by a national certifying organization acceptable to the Board;

(ii) Successful completion of a medical laboratory technology program accredited by an agency recognized by the U.S. Department of Education; or

(iii) Successful completion of an advanced military medical laboratory specialist program;

(C) A baccalaureate degree from an accredited institution, including a minimum of 16 semester hours or 24 quarter hours of biological science, 16 semester hours or 24 quarter hours of chemical science, including one semester or one quarter in organic chemistry or biochemistry, one semester or one quarter of mathematics, and 5 years of full- time clinical laboratory work experience in the major disciplines of laboratory practice deemed acceptable by the Board of Pharmacy, within the last 10 years; or

(D) Been previously qualified as a medical technologist under federal regulations, or has a baccalaureate degree and training or experience as the Board determines is appropriate for medical technologists concentrating in categories such as blood banking, chemistry, hematology, immunology, microbiology, and virology; and

(E) Passed a national certification examination given by the Board or from a body recognized by the Board.

(2) For the purposes of this subsection, the term “major disciplines of laboratory practice” includes blood banking, chemistry, immunology, and microbiology.

§ 3–1207.62. Waiver.

The Board shall waive the requirements specified in § 3-1207.61 for any cytotechnologist, histologic technician, histotechnologist, medical laboratory technician, or medical technologist who has passed an examination required by the Board, and who has received a certification from a national certifying organization acceptable to the Board that has current eligibility requirements that are equivalent to or exceed the qualifications established under this chapter.

§ 3–1207.63. Exemption from licensure for select clinical laboratory practitioners.

(a) Section § 3-1210.01 shall not apply to a cytotechnologist, histotechnologist, medical laboratory technologist, medical technologist, histologic technician, or phlebotomist who is:

(1) Licensed or registered in the District of Columbia under any other act and who engages in the practice for which he or she is licensed or registered;

(2) Employed by the United States government or any bureau, division, or agency thereof while in the discharge of the employee’s official duties;

(3) Engaged exclusively in education or research; provided, that the results of any examination performed are not used in the diagnosis, prevention, or treatment of a disease, or assessment of a medical condition;

(4) A student or trainee enrolled in a medical laboratory education program; provided, that the activities constitute a part of a planned course in the program, the person is designated by a title such as intern, trainee, or student, and the person works directly under a person licensed under § 3-1207.61;

(5) Exclusively performing laboratory tests, classified as waived pursuant to 42 CFR § 493, which are determined by the Secretary of the U.S. Department of Health and Human Services to have an insignificant risk of an erroneous result, including those which:

(A) Have been approved by the United Stated Food and Drug Administration;

(B) Employ methodologies that are so simple and accurate as to render the likelihood of erroneous results negligible; or

(C) The Secretary of the U.S. Department of Health and Human Services has determined pose no reasonable risk of harm to the patient if performed incorrectly;

(6) A pathologist or other licensed physician;

(7) A laboratory manager who does not perform or supervise laboratory tests; or

(8) Performing point-of-care testing; provided, that:

(A) A laboratory director, or other licensed individual to whom the laboratory director has delegated his or her duties as a laboratory director, provides oversight and is responsible for ensuring the development and implementation of:

(i) A protocol of implementation, including tests to be performed and staff who will perform the tests;

(ii) Criteria to be used in selecting the method of testing to be used for point-of-care testing;

(iii) Minimum training and education requirements for those who will perform point-of-care testing;

(iv) Documented in-service training, initial and ongoing competency validation of personnel performing point-of-care testing;

(v) An appropriate internal and external quality control protocol; and

(vi) Record keeping requirements; and

(B) Processes are in place and are acceptable to the Board that ensure and document the continued competency of point-of-care testing personnel.

(b) For the purposes of this section, the term

(1) “Laboratory director” means:

(A) A physician or dentist who is qualified and eligible to supervise and direct the technical and scientific operation of a medical laboratory by possessing the following:

(i) Certification in anatomic or clinical pathology, or both, by the American Board of Pathology, the American Osteopathic Board of Pathology, or qualifications that are equivalent to those required for certification;

(ii) Certification by the American Board of Pathology or the American Osteopathic Board of Pathology in at least one of the laboratory specialties;

(iii) Certification by the American Board of Medical Microbiology, the American Board of Clinical Chemistry, the American Board of Bioanalysts, or another national accrediting board in at least one of the laboratory specialties;

(iv) Certification by the American Society of Cytopathology to practice cytopathology or qualifications that are equivalent to those required for certification;

(v) Subsequent to graduation, 4 or more years of full-time general laboratory training or experience, of which at least 2 years were spent acquiring proficiency in one of the laboratory specialties in a licensed medical laboratory; or

(vi) Subsequent to graduation, other documented clinical laboratory training and experience as the Board determines by regulation is appropriate, taking into consideration the complexity and diversity of the laboratory tests to be performed; or

(B) A dentist, certified by the American Board of Oral Pathology for the specialty of oral pathology only, or qualifications which are equivalent to those required for certification.

(2) “Point-of-care testing” means analytical patient-testing activities that are performed under the supervision of the laboratory director within an institution, but are performed outside the physical facilities of the central medical laboratory and do not require permanent dedicated space, and include the use of analytical instruments that are temporarily brought to a patient care location.

§ 3–1207.64. Transition of licensed and registered clinical laboratory practitioners.

For a period of 2 years after May 2, 2015, all references in this chapter to “clinical laboratory practitioners” shall be deemed to refer to persons meeting the requirements for licensure or registration in the District of Columbia, regardless of whether that person is licensed or registered.

Subchapter VIII. Categories and Qualification of Social Workers.

§ 3–1208.01. Licensed social work associate.

(a) The Board of Social Work shall license as a social work associate a person who, in addition to meeting the requirements of subchapter V of this chapter, has a baccalaureate degree (“B.S.W.”) from a social work program accredited by the Council of Social Work Education, and has satisfactorily completed the examination process at the associate level.

(b) A licensed social work associate (“L.S.W.A.”) may perform case work, group work, and community organization services under the supervision of a social worker licensed under § 3-1208.03 or § 3-1208.04.

§ 3–1208.02. Licensed graduate social worker.

(a) The Board of Social Work shall license as a graduate social worker a person who, in addition to meeting the requirements of subchapter V of this chapter, has a master’s degree or a doctorate from a social work program accredited by the Council on Social Work Education, and has satisfactorily completed the examination process at the graduate level.

(b) A licensed graduate social worker (“L.G.S.W.”) may perform any function described as the practice of social work in this chapter, other than psychotherapy, under the supervision of a social worker licensed under § 3-1208.03 or § 3-1208.04, and may perform psychotherapy under the supervision of a social worker licensed under § 3-1208.04.

§ 3–1208.03. Licensed independent social worker.

(a) The Board of Social Work shall license as an independent social worker a person who, in addition to meeting the requirements of subchapter V of this chapter, has a master’s degree or a doctorate from a social work program accredited by the Council on Social Work Education, has satisfactorily completed the examination process at the independent level, and has at least 3,000 hours post-master’s or postdoctoral experience under the supervision of a licensed independent social worker over a period of not less than 2 or more than 4 years.

(b) A licensed independent social worker (“L.I.S.W.”) may perform any function described as the practice of social work in this chapter, other than the diagnosis or treatment (including psychotherapy) of psychosocial problems, in an autonomous, self-regulated fashion, in an agency setting or independently, and may direct other persons in the performance of these functions.

§ 3–1208.04. Licensed independent clinical social worker.

(a) The Board of Social Work shall license as an independent clinical social worker a person who, in addition to meeting the requirements of subchapter V of this chapter, has a master’s degree or a doctorate from a social work program accredited by the Council on Social Work Education, has satisfactorily completed the examination process at the independent clinical level, and has at least 3,000 hours of post-master’s or postdoctoral experience participating in the diagnosis and treatment of individuals, families, and groups with psychosocial problems, under the supervision of a licensed independent clinical social worker over a period of not less than 2 years or more than 4 years; under special circumstances approved by the Board, supervision by a licensed psychiatrist or psychologist may be substituted for up to 1500 hours of this requirement.

(b) A licensed independent clinical social worker (“L.I.C.S.W.”) may perform any function described as the practice of social work in this chapter, in an autonomous, self-regulated fashion, in an agency setting or independently, and may supervise other persons in the performance of these functions. A licensed independent clinical social worker shall not engage in the practice of medicine and shall refer patience or clients with apparent medical problems to an appropriate and qualified medical practitioner.

§ 3–1208.05. Transition.

For a period of 2 years following March 25, 1986, all references in this subchapter to supervision by licensed social workers shall be deemed to refer to supervision by persons meeting the requirements for licensure in the District, regardless of whether they are licensed in fact.

§ 3–1208.06. Waiver of requirements.

(a) The Board of Social Work shall waive the educational and examination requirements for any applicant for licensure as a social worker who can demonstrate, to the satisfaction of the Board, that he or she has been performing the functions of a social worker, as defined in this chapter, on a full-time or substantially full-time basis continually at least 12 months immediately preceding March 25, 1986, and is qualified to do so on the basis of pertinent education, training, experience, and demonstrated current competence, provided that application for the license is made within 24 months of March 25, 1986.

(b) The Board of Social Work shall waive the examination requirement for any applicant who meets the educational requirements for licensure as a social worker, has practiced as a social worker or as a social work administrator, whether full time or not, within a 3-year period immediately preceding March 25, 1986, and is qualified to do so on the basis of pertinent experience, and demonstrated current competence, provided that application for the license is made within 24 months of March 25, 1986.

(c) Applicants licensed under the waiver provisions of this section shall be eligible for license renewal on the same terms as all other licensed social workers.

Subchapter VIII-A. Qualifications for Licensure to Practice Marriage and Family Therapy; Transition of Licensed Marriage and Family Therapists.

§ 3–1208.31. Qualifications for licensure.

(a) The Board of Marriage and Family Therapy shall license as a marriage and family therapist a person who, in addition to meeting the requirements of subchapter V of this chapter [§ 3-1205.01 et seq.] and any requirements the Mayor may establish by rule, has:

(1) Satisfactorily completed the examination process;

(2) A Master’s degree or a Doctoral degree in marriage and family therapy from a recognized educational institution, or a graduate degree in an allied field from a recognized educational institution and has successfully completed graduate level course work which is equivalent to a Masters’ degree in marriage and family therapy, as determined by the Board; and

(3) Successfully completed 2 calendar years of work experience in marriage and family therapy under qualified supervision following receipt of a qualifying degree.

(b) For the purposes of subsection (a) of this section, qualifying degrees shall meet the following requirements:

(1) A graduate degree which consists of at least 60 semester hours or 90 quarter credits in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, or a graduate degree from a regionally accredited educational institution and an equivalent course of study as approved by the Board; and

(2) The course of study for any graduate degree shall include a minimum of 39 semester credits in the following areas:

(A) Marriage and family studies — 9 semester credit minimum. Studies in this area shall include:

(i) Theoretical foundations, history, philosophy, etiology and contemporary conceptual directions of marriage and family therapy or marriage and family counseling;

(ii) Family systems theories and other relevant theories and their application in working with a wide variety of family structures, including families in transition, nontraditional families and blended families, and a diverse range of presenting issues; and

(iii) Preventative approaches, including premarital counseling, parent skill training and relationship enhancement, for working with couples, families, individuals, subsystems and other systems;

(B) Marriage and family therapy — 9 semester credit minimum. Studies in this area shall include:

(i) The practice of marriage and family therapy related to theory, and a comprehensive survey and substantive understanding of the major models of marriage and family therapy or marriage and family counseling; and

(ii) Interviewing and assessment skills for working with couples, families, individuals, subsystems and other systems, and skills in the appropriate implementation of systematic interventions across a variety of presenting clinical issues, including socioeconomic disadvantage, abuse, and addiction;

(i) Individual development and transitions across the life span;

(ii) Family, marital and couple life cycle development and family relationships, family of origin and intergenerational influences, cultural influences, ethnicity, race, socioeconomic status, religious beliefs, gender, sexual orientation, gender identity or expression, social and equity issues, and disability;

(iii) Human sexual development, function and dysfunction, impacts on individuals, couples, and families, and strategies for intervention and resolution; and

(iv) Issues of violence, abuse, and substance use in a relational context, and strategies for intervention and resolution;

(D) Psychological and mental health competency — 6 semester credit minimum. Studies in this area shall include:

(i) Psychopathology, including etiology, assessment, evaluation, and treatment of mental disorders, use of the current diagnostic and statistical manual of mental disorders, differential diagnosis, and multiaxial diagnosis;

(ii) Standard mental health diagnostic assessment methods and instruments, including standardized tests; and

(iii) Psychotropic medications and the role of referral to and cooperation with other mental health practitioners in treatment planning, and case management skills for working with individuals, couples, and families;

(E) Professional ethics and identity — 3 semester credit minimum. Studies in this area shall include:

(i) Professional identity, including professional socialization, professional organizations, training standards, credentialing bodies, licensure, certification, practice settings, and collaboration with other disciplines;

(ii) Ethical and legal issues related to the practice of marriage and family therapy, legal responsibilities of marriage and family therapy and marriage and family counseling practice and research, business aspects, reimbursement, record keeping, family law, confidentiality issues, and the relevant codes of ethics, including the code of ethics specified by the Board; and

(iii) The interface between therapist responsibility and the professional, social, and political context of treatment; and

(F) Research — 3 semester credit minimum. Studies in this area shall include:

(i) Research in marriage and family therapy or marriage and family counseling and its application to working with couples and families; and

(ii) Research methodology, quantitative and qualitative methods, statistics, data analysis, ethics, and legal considerations of conducting research, and evaluation of research.

(c) To be eligible for licensure as a marriage and family therapist, a person must complete 2 years of post-graduate, clinical work experience in marriage and family therapy and supervision in accordance with the following established membership standards:

(1) Supervised clinical experience must follow receipt of the first qualifying graduate degree and the practicum required as part of the course of study;

(2) Supervision must be provided by supervisors approved by the American Association for Marriage and Family Therapy or supervisors of acceptance to the Board; and

(3) Successful completion of at least 1000 hours of face-to-face contact with couples and families for the purpose of assessment and intervention, and 200 hours of supervision of marriage and family therapy, at least 100 of which are individual supervision.

§ 3–1208.32. Transition of licensed marriage and family therapists.

For a period of 2 years following March 10, 2004, all reference to a licensed marriage and family therapist shall be deemed to refer to a person meeting the requirements for licensure in the District, regardless of whether that person is licensed.

Subchapter VIII-B. Qualifications for Licensure to Practice Audiology and Speech-Language Pathology.

§ 3–1208.41. Qualifications for licensure.

(a) The Board of Audiology and Speech-Language Pathology shall license as an audiologist a person who, in addition to meeting the requirements of subchapter V of this chapter, has:

(1) Graduated with a Master’s degree or a Doctoral degree in audiology from a recognized educational institution that incorporates the academic course work and minimum hours of supervised training required by the regulations adopted by the Board and whose audiology program is regionally accredited by the American Speech-Language-Hearing Association or an equivalent accrediting body;

(2) Passed a qualifying examination given by the Board or from an accrediting body recognized by the Board; and

(3) Completed a period of supervised postgraduate professional practice in audiology as specified by rulemaking issued by the Board.

(b) The Board of Audiology and Speech-Language Pathology shall license as a speech-language pathologist a person who, in addition to meeting the requirements of subchapter V of this chapter, has:

(1) Graduated with a Master’s degree or Doctoral degree in speech-language pathology from a recognized educational institution that incorporates the academic course work and minimum hours of supervised training required by the regulations adopted by the Board and whose speech-language pathology program is regionally accredited by the American Speech-Language-Hearing Association or an equivalent accrediting body;

(2) Passed a qualifying examination given by the Board or from an accrediting body recognized by the Board; and

(3) Completed a period of supervised postgraduate professional practice in speech-language pathology as specified by rulemaking issued by the Board.

Subchapter VIII-C. Categories and Qualifications of Addiction Counselors.

§ 3–1208.51. Certified addiction counselor I.

(a) The Board of Professional Counseling shall certify as an addiction counselor I a person who, in addition to meeting the requirements of subchapter V of this chapter [§ 3-1205 et seq.]:

(1)(A) Has met the educational requirements of graduating with at least an associate’s degree in health or human services from an accredited institution that incorporates the academic course work and minimum hours of supervised training required by the regulations adopted by the Board and whose program is accredited by an agency recognized by the U.S. Department of Education; or

(B) Has at least 2 years of documented, supervised experience in the field of addiction counseling; and

(2) Passed a national examination approved by the Board.

(b) A certified addiction counselor I shall practice addiction counseling under the supervision of an authorized health-care professional.

§ 3–1208.52. Certified addiction counselor II.

(a) The Board of Professional Counseling shall certify as an addiction counselor II a person who, in addition to meeting the requirements of subchapter V of this chapter [§ 3-1205.01 et seq.]:

(1)(A) Has met the educational requirements of graduating with at least a bachelor’s degree in health or human services from an accredited institution that incorporates the academic course work and minimum hours of supervised training required by the regulations adopted by the Board and whose program is accredited by an agency recognized by the U.S. Department of Education; or

(B) Has at least 5 years of documented experience in the field of addiction counseling; and

(2) Passed a national examination approved by the Board.

(b) A certified addiction counselor II shall practice addiction counseling under the supervision of an authorized health-care professional.

§ 3–1208.53. Advanced practice addiction counselor.

The Board of Professional Counseling shall license as an advanced practice addiction counselor a person who, in addition to meeting the requirements of subchapter V of this chapter [§ 3-1205 et seq.]:

(1) Has met the educational requirements of graduating with at least a master’s or doctorate degree in health or human services from an accredited institution that incorporates the academic course work and minimum hours of supervised training adopted by the Board and whose program is accredited by an agency recognized by the U.S. Department of Education; and

(2) Passed a national examination approved by the Board.

§ 3–1208.54. Waiver of requirements.

(a) The Board of Professional Counseling shall waive the educational and examination requirements for any applicant for certification who can demonstrate to the satisfaction of the Board that he or she has been performing the function of an addiction counselor I, as defined in § 3-1208.51, on a full-time or substantially full-time basis continually for at least 24 months immediately preceding July 7, 2009, and is qualified to do so on the basis of pertinent education, training, experience, and demonstrated current competence; provided, that the application is made within 24 months of July 7, 2009.

(b) The Board of Professional Counseling shall waive the educational and examination requirements for any applicant for certification who can demonstrate to the satisfaction of the Board, that he or she has been performing the function of an addiction counselor II, as defined in § 3-1208.52, on a full-time or substantially full-time basis continually for at least 60 months immediately preceding July 7, 2009, and is qualified to do so on the basis of pertinent education, training, experience, and demonstrated current competence; provided, that the application is made within 24 months of July 7, 2009.

Subchapter VIII-D. Qualification for Licensure to Practice Veterinary Medicine; Certification for Veterinary Euthanasia Technicians and Veterinary Technicians.

§ 3–1208.61. Practice of veterinary medicine; license requirement.

(a) A person shall not engage in the practice of veterinary medicine without being licensed by the Board of Veterinary Medicine.

(b) A license shall not be required for:

(1) An employee or agent of the federal or District government while performing his or her official duties provided, that a person exempt under this paragraph shall not perform surgical operations;

(2) Experimentation and scientific research in connection with the study and the development of methods and techniques, directly or indirectly related or applicable to the problems or to the practice of veterinary medicine, when conducted by the federal or District government;

(3) A merchant or manufacturer for the sale, at his or her regular place of business, of medicine, feed, appliances, or other products used to prevent or treat animal diseases;

(4) A person engaging in scientific research that reasonably requires experimentation with animals as permitted under federal law;

(5) A licensed wildlife rehabilitator licensed in any state or the District to provide wildlife rehabilitation provided, that a rehabilitator shall not perform surgery, diagnose, or prescribe medication, and may only perform services on indigenous wild animals.

§ 3–1208.62. Qualifications for license to practice veterinary medicine.

(a) The Board of Veterinary Medicine shall issue a license to practice veterinary medicine to a person who, in addition to meeting the requirements of subchapter V of this chapter [§ 3-1205.01 et seq.]:

(1) Is a graduate of a school of veterinary medicine approved by the Board;

(2) Has passed an examination as prescribed by the Board to determine the person’s competence to engage in the practice of veterinary medicine; and

(3) Has not been convicted of an offense that is related to the occupation for which the license is sought, including an offense for animal cruelty.

(b) The Board may waive the examination requirements of this section upon the request of any applicant for licensure, when that applicant has:

(1) Submitted a properly completed application and paid the requisite application fees; and

(2) Demonstrated that he or she has passed an examination in a state or territory of the United States where the requirements for licensure are deemed by the Board to be substantially equivalent to those in the District; and

(3) Demonstrated that he or she has maintained a license in good standing and has practiced continuously in the jurisdiction for the 12 months preceding the date of application.

(c) The Board shall, upon receipt of a properly completed application, issue a license to engage in the practice of veterinary medicine in the District to a graduate of a foreign school of veterinary medicine who, in addition to meeting the requirements of subchapter V of this chapter [§ 3-1205.01 et seq.], has:

(1) Graduated from a school of veterinary medicine that is accredited by the jurisdiction in which it is located;

(2) Submitted proper credentials to the Board as may be determined in rules issued by the Mayor; and

(3) Passed a written examination as required by the Board to determine the person’s competency to engage in the practice of veterinary medicine.

(d) Any person licensed to practice veterinary medicine pursuant to subchapter I of Chapter 5 of this title [§ 3-501 et seq.] shall be considered to be licensed under this chapter.

§ 3–1208.63. Certification of veterinary technicians; restrictions.

(a) A person shall not engage in activities related to maintaining the health or treatment of an animal unless certified by the Board of Veterinary Medicine as a veterinary technician.

(b) A person certified as a veterinary technician may provide only veterinary technician services, as prescribed by the Mayor through rulemaking, and only under the general supervision of a veterinarian licensed in the District.

(c) A person certified as a veterinary technician shall not receive compensation for performing veterinary technician services, except that a certified veterinary technician may receive a salary or other compensation paid by an employing veterinarian, veterinary facility, shelter, humane society, animal control facility, or wildlife rehabilitation facility.

§ 3–1208.64. Certification of veterinary euthanasia technicians; restrictions.

(a) No person may euthanize an animal without first obtaining certification by the Board of Veterinary Medicine as a veterinary euthanasia technician.

(b) A person certified as a veterinary euthanasia technician shall not provide veterinary euthanasia services except while under the general supervision of a veterinarian licensed in the District.

(c) A certified veterinary euthanasia technician shall only provide services related to the humane euthanasia of an animal as prescribed by the Mayor through rulemaking.

(d) A person certified as a veterinary euthanasia technician shall not receive compensation for performing veterinary euthanasia technician services, except that a certified veterinary euthanasia technician may receive a salary or other compensation paid by an employing veterinarian, veterinary facility, humane society, animal shelter, animal control facility, or wildlife rehabilitation facility.

§ 3–1208.65. Definitions.

For the purposes of this subchapter, the term “general supervision” means that the services of the technician are provided under the direction of a licensed veterinarian, and the veterinarian is accessible and available to the technician via a telephone communication device or on the premises.

Subchapter VIII-E. Qualifications for Licensure to Practice as a Professional Art Therapist.

§ 3–1208.71. Qualifications for licensure.

(a) The Board of Professional Counseling shall license as a professional art therapist a person who, in addition to meeting the requirements of subchapter V of this chapter, has:

(1) Satisfactorily completed:

(A) A Master's degree from an accredited college or university in a program in art therapy that was either approved by the American Art Therapy Association or accredited by the Commission on Accreditation of Allied Health Education Programs at the time the degree was conferred or a substantially equivalent program, as determined by the Board; or

(B) A Doctoral degree in art therapy or a related subject, including psychology, professional counseling, or marriage and family therapy, from an accredited college or university, as approved by the Board;

(2) Successfully completed a minimum of 2 years of work experience in art therapy following completion of the graduate degree consisting of at least 3,000 hours, of which at least 1,000 hours involve practice in direct contact with clients and at least 200 hours were under the immediate supervision of an art therapy certified supervisor, licensed professional art therapist, board certified art therapist, or other licensed mental health professional approved by the Board, with at least one hour of direct supervision provided per 15 hours of practice in direct contact with clients; and

(3) Achieved a passing score on the Art Therapy Credentials Board Examination or its successor exam.

(b) The Board of Professional Counseling shall license as a graduate professional art therapist a person who, in addition to meeting the requirements of subchapter V of this chapter:

(1) Has satisfactorily completed a:

(A) Master's degree from an accredited college or university in a program in art therapy that was either approved by the American Art Therapy Association or accredited by the Commission on Accreditation of Allied Health Education Programs at the time the degree was conferred or a substantially equivalent program, as determined by the Board; or

(B) Doctoral degree in art therapy or a related subject, including psychology, professional counseling, or marriage and family therapy, from an accredited college or university, as approved by the Board.

(c) The Board of Professional Counseling shall license as a professional art therapist by endorsement a person who, in addition to meeting the requirements ofsubchapter V of this chapter, is currently licensed in good standing in another state that has licensing requirements that are equivalent to or exceed the requirements of subsection (a) of this section.

§ 3–1208.72. Waiver of requirements.

(a) []The Board of Professional Counseling shall waive the requirements of § 3-1208.71(a)(1) and (2) for any applicant for licensure as a professional art therapist who presents evidence satisfactory to the Board that the applicant holds a credential as a board certified art therapist in good standing with the Art Therapy Credentials Board, Inc., or its successor, and has been engaged in active practice of art therapy for at least 3 of the previous 5 years prior to June 24, 2020; provided, that the applicant for licensure is made within 24 months of June 24, 2020.

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

§ 3–1209.01. Naturopathy. [Repealed]

Repealed.

§ 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.

§ 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.

§ 3–1209.04. Addiction counselor. [Repealed]

Repealed.

§ 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.

§ 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.

§ 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.

§ 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.

(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.

§ 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) Repealed.

(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) Practices under either the direct or indirect 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 either the direct or indirect 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 either the direct or indirect supervision of an audiologist for a minimum of 15 hours per week during at least 3 of the 5 years preceding March 26, 2014.

§ 3–1209.10. Speech-language pathology assistants.

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

(1) Repealed.

(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 either the direct or indirect 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 either the direct or indirect 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 either the direct or indirect 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.

§ 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 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

(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.

§ 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.

Subchapter X. Prohibited Acts; Penalties; Injunctions.

§ 3–1210.01. Practicing without license, registration, or certification.

No person shall practice, attempt to practice, or offer to practice a health occupation licensed, registered, certified, or regulated under this chapter in the District unless currently licensed, registered, or certified, or exempted from licensure, registration, or certification, under this chapter.

(Mar. 25, 1986, D.C. Law 6-99, § 1001, 33 DCR 729; July 18, 2009, D.C. Law 18-26, § 2(g), 56 DCR 4043.)

Prior Codifications

1981 Ed., § 2-3310.1.

Effect of Amendments

D.C. Law 18-26 rewrote the section, which had read as follows: “No person shall practice, attempt to practice, or offer to practice a health occupation licensed or regulated under this chapter in the District unless currently licensed, or exempted from licensing, under this chapter.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(g) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1210.02. Misrepresentation.

Unless authorized to practice a health occupation under this chapter, a person shall not represent to the public by title, description of services, methods, or procedures, or otherwise that the person is authorized to practice the health occupation in the District.

§ 3–1210.03. Certain representations prohibited.

(a) Unless authorized to practice acupuncture under this chapter, a person shall not use or imply the use of the words or terms “acupuncture,” “acupuncturist,” or any similar title or description of services with the intent to represent that the person practices acupuncture.

(b) Unless authorized to practice as an advanced practice registered nurse under this chapter, a person shall not use or imply the use of the words or terms “advanced practice registered nurse”, “A.P.R.N.”, “certified registered nurse anesthetist”, “C.R.N.A.”, “certified nurse midwife”, “C.N.M.”, “clinical nurse specialist”, “C.N.S.”, “nurse practitioner”, “N.P.”, or any similar title or description of services with the intent to represent that the person practices advanced registered nursing.

(c) Unless authorized to practice chiropractic under this chapter, a person shall not use or imply the use of the words or terms “chiropractic,” “chiropractic physician,” “chiropractic orthopedist,” “chiropractic neurologist,” chiropractic radiologist,” “chiropractor,” “Doctor of Chiropractic,” “D.C.”, or any similar title or description of services with the intent to represent that the person practices chiropractic.

(d) Unless authorized to practice dentistry under this chapter, a person shall not use or imply the use of the words or terms “dentistry,” “dentist,” “D.D.S.”, “D.M.D.”, “endodontist,” “oral surgeon,” “maxillofacial surgeon,” “oral pathologist,” “orthodontist,” “pedodontist,” “periodontist,” “prosthodontist,” “public health dentist,” or any similar title or description of services with the intent to represent that the person practices dentistry.

(e) Unless authorized to practice dentistry or dental hygiene under this chapter, a person shall not use or imply the use of the words or terms “dental hygiene,” “dental hygienist,” or similar title or description of services with the intent to represent that the person practices dental hygiene.

(f) Unless authorized to practice dietetics or nutrition under this chapter, a person shall not use or imply the use of the words or terms “dietitian/nutritionist,” “licensed dietitian,” “licensed nutritionist,” “dietitian,” “nutritionist,” “L.D.N.”, “L.D.”, “L.N.”, or any similar title or description of services with the intent to represent that the person practices dietetics or nutrition.

(g) Unless authorized to practice medicine under this chapter, a person shall not use or imply the use of the words or terms “physician,” “surgeon,” “medical doctor,” “doctor of osteopathy,” “M.D.”, “anesthesiologist,” “cardiologist,” “dermatologist,” “endocrinologist,” “gastroenterologist,” “general practitioner,” “gynecologist,” “hematologist,” “internist,” “laryngologist,” “nephrologist,” “neurologist,” “obstetrician,” “oncologist,” “ophthalmologist,” “orthopedic surgeon,” “orthopedist,” “osteopath,” “otologist,” “otolaryngologist,” “otorhinolaryngologist,” “pathologist,” “pediatrician,” “primary care physician,” “proctologist,” “psychiatrist,” “radiologist,” “rheumatologist,” “rhinologist,” “urologist,” or any similar title or description of services with the intent to represent that the person practices medicine.

(h) Unless authorized to practice nursing home administration under this chapter, a person shall not use the words or terms “nursing home administration,” “nursing home administrator,” “N.H.A.”, or any similar title or description of services with the intent to represent that the person practices nursing home administration.

(i) Unless authorized to practice occupational therapy under this chapter, a person shall not use the words or terms “occupational therapy,” “occupational therapist,” “licensed occupational therapist,” “O.T.”, “O.T.R.”, “L.O.T.”, “O.T.R/L.”, or any similar title or description of services with the intent to represent that the person practices occupational therapy.

(j) Unless authorized to practice as an occupational therapy assistant under this chapter, a person shall not use the words or terms “occupational therapy assistant,” “licensed occupational therapy assistant,” “certified occupational therapy assistant,” “O.T.A.”, “L.O.T.A.”, “C.O.T.A.”, “O.T.A.L.”, or” any similar title or description of services with the intent to represent that the person practices as an occupational assistant.

(k) Unless authorized to practice optometry under this chapter, a person shall not use the words or terms “optometry,” “optometrist,” “Doctor of Optometry,” “contactologist,” “O.D.”, or any similar title or description of services with the intent to represent that the person practices optometry.

(l) Unless authorized to practice pharmacy under this chapter, a person shall not use the words or terms “pharmacy,” “pharmacist,” “druggist,” “registered pharmacist,” “R.Ph.”, “Ph.G.”, or any similar title or description of services with the intent to represent that the person practices pharmacy.

(l-1) Unless authorized to practice as a registered pharmacy technician under this chapter, a person shall not use or imply the use of the words or terms “registered pharmacy technician”, “certified pharmacy technician”, “pharmacy technician”, “R.Ph.T.”, “C.Ph.T.”, “Ph.T.”, or any similar title or description of services with the intent to represent that the person practices as a registered pharmacy technician.

(m) Unless authorized to practice physical therapy under this chapter, a person shall not use the words or terms “physical therapy,” “physical therapist,” “physiotherapist,” “physical therapy technician,” “P.T.”, “L.P.T.”, “R.P.T.”, “P.T.T.”, or any similar title or description of services with the intent to represent that the person practices physical therapy.

(m-1) Unless authorized to practice as a physical therapy assistant under this chapter, a person shall not use or imply the use of the words or terms “physical therapy assistant”, “licensed physical therapy assistant”, “certified physical therapy assistant”, “P.T.A.”, “L.P.T.A.”, “C.P.T.A.”, or any similar title or description of services with the intent to represent that the person practices as a physical therapy assistant.

(n) Unless authorized to practice as a physician assistant under this chapter, a person shall not use or imply the use of the words or terms “physician assistant,” “P.A.”, “surgeon’s assistant,” or any similar title or description of services with the intent to represent that the person practices as a physician assistant.

(o) Unless authorized to practice podiatry under this chapter, a person shall not use the words or terms “podiatry,” “podiatrist,” “podiatric,” “foot specialist,” “foot correctionist,” “foot expert,” “practipedist,” “podologist,” “D.P.M.”, or any similar title or description of services with the intent to represent that the person practices podiatry.

(p) Unless authorized to practice practical nursing under this chapter, a person shall not use the words or terms “practical nurse,” “licensed practical nurse,” “L.P.N.”, or any similar title or description of services with the intent to represent that the person practices practical nursing.

(p-1) Unless authorized to practice as an art therapist under this chapter, a person shall not use or imply the use of the words or terms "professional art therapist," "graduate art therapist," or any similar title or description of services with the intent to represent that the person practices art therapy.

(q) Unless authorized to practice psychology under this chapter, a person shall not use the words or terms “psychology,” “psychologist”, “psychology associate”, or similar title or description of services with the intent to represent that the person practices psychology.

(r) Unless authorized to practice registered nursing under this chapter, a person shall not use the words or terms “registered nurse,” “certified nurse,” “graduate nurse,” “trained nurse,” “R.N.”, or any similar title or description of services with the intent to represent that the person practices registered nursing.

(s) Unless authorized to practice social work under this chapter, a person shall not use the words or terms “social worker,” “clinical social worker,” “graduate social worker,” “independent social worker,” “licensed independent social worker,” “L.I.S.W.”, “licensed independent clinical social worker,” “L.I.C.S.W.”, or any similar title or description of services with the intent to represent that the person practices social work.

(t) Unless authorized to practice professional counseling pursuant to this chapter, a person shall not use the phrase “licensed professional counselor” or “licensed graduate professional counselor”, or any similar title or description of services with the intent to represent that the person practices professional counseling. Nothing in this subsection shall restrict the use of the generic terms “counseling” or “counselor”.

(u) Unless authorized to practice respiratory care pursuant to this chapter, a person shall not use the phrase “licensed respiratory care practitioner” or any similar title or description of services with the intent to represent that the person is a respiratory care practitioner.

(v) Unless authorized to practice massage therapy under this chapter, a person shall not use or imply the use of the words or terms “massage therapy”, “therapeutic massage”, “myotherapy”, “bodyrub”, or similar title or description of services, or the initials “LMT”, with the intent to represent that the person practices massage.

(w) Unless authorized to practice marriage and family therapy under this chapter, a person shall not use or imply the use of the words or terms “marriage and family therapist” or “MFT,” or any similar title or description of services, with the intent to represent that the person practices marriage and family therapy.

(x) Unless authorized to practice naturopathic medicine under this chapter, a person shall not use the words or terms “Doctor of Naturopathic Medicine”, “Naturopathic Physician”, “Licensed Naturopath”, “Naturopathic Doctor”, “Doctor of Naturopathy”, “ND”, or “NMD”, or any similar title or description of services, with the intent to represent that the person practices naturopathic medicine.

(y) Unless authorized to practice as an anesthesiologist assistant under this chapter, a person shall not use or imply the use of the words or terms “anesthesiologist assistant,” or “A.A.”, or any similar title or description of services with the intent to represent that the person practices as an anesthesiologist assistant.

(z) Unless authorized to practice audiology or speech-language pathology pursuant to this chapter, a person shall not advertise the performance of audiology or speech-language; use a title or description such as “audiological,” “audiologist,” “audiology,” “hearing clinic,” “hearing clinician,” “hearing or aural rehabilitation,” “hearing specialist,” “communication disorders,” “communicologist,” “language pathologist,” “logopedist,” “speech and language clinician,” “speech and language therapist,” “speech clinic,” “speech clinician,” “speech correction,” “speech correctionist,” “speech pathology,” “speech-language pathology,” “speech therapist,” or “speech therapy,” or any other name, style, or description denoting that the person is an audiologist or speech-language pathologist or practicing audiology or speech-language pathology.

(aa) Unless authorized to practice as a surgical assistant under this chapter, a person shall not use or imply the use of the words or terms “surgical assistant,” or “S.A.”, or any similar title or description of services with the intent to represent that the person practices as a surgical assistant.

(bb) Unless authorized to practice addiction counseling under this chapter, a person shall not use or imply the use of the words or terms “addiction counselor”, “licensed addiction counselor”, “supervised addiction counselor,” “certified addiction counselor I”, “certified addiction counselor II”, “advanced practice addiction counselor”, “C.A.C.I.”, “C.A.C.II.”, “A.P.A.C.”, or any similar title or description of services with the intent to represent that the person practices as an addiction counselor.

(cc) Unless authorized to practice as nursing assistive personnel under this chapter, a person shall not use or imply the use of the words or terms “nursing assistant,” “home health aide,” “trained medication employee,” “dialysis technician,” “health aide,” or any similar title or description of services with the intent to represent that the person practices as a member of nursing assistive personnel.

(dd) Unless authorized to practice polysomnography under this chapter, a person shall not use or imply the use of the words or terms “polysomnographic technologist”, “registered polysomnographic technologist”, “licensed polysomnographic technologist”, “RPSGT”, “LPSGT”, “polysomnographic technician”, “polysomnographic trainee”, or any similar title or description of services with the intent to represent that the person practices polysomnography.

(ee) Unless authorized to practice as a trauma technologist under this chapter, a person shall not use or imply the use of the words or terms “trauma technologist,” or “trauma tech,” or any similar title or description of services with the intent to represent that the person practices as a trauma technologist.

(ff) Unless authorized to practice assisted living administration under this chapter, a person shall not use or imply the use of the words or terms “assisted living administrator”, “assisted living manager”, “A.L.A.”, or any similar title or description of services with the intent to represent that the person practices assisted living administration.

(gg) Unless authorized to practice as an athletic trainer under this chapter, a person shall not use or imply the use of the words or terms “athletic trainer”, “licensed athletic trainer”, “A.T.”, “L.A.T.”, or any similar title or description of services with the intent to represent that the person practices as an athletic trainer.

(hh) Unless authorized to practice as a personal fitness trainer under this chapter, a person shall not use or imply the use of the words or terms “personal fitness trainer”, “personal trainer”, “professional fitness trainer”, “fitness instructor”, or any similar title or description of services with the intent to represent that the person practices as a personal fitness trainer.

(ii) Unless authorized to practice veterinary medicine under this chapter, a person shall not use or imply the use of the words or terms “doctor of veterinary medicine”, “veterinary doctor”, “veterinarian”, “animal doctor”, “animal surgeon”, “D.V.M.” or “V.M.D.”, or any similar title or description of services with the intent to represent that the person practices veterinary medicine.

(jj) Unless authorized to practice as a clinical laboratory practitioner under this chapter, a person shall not use or imply the use of the words or terms “medical technologist”, “cytotechnologist”, “medical laboratory technologist”, “histotechnologist”, “histologic technician”, “clinical laboratory scientist-generalist”, “clinical laboratory scientist-specialist”, “medical laboratory technician”, “phlebotomist”, or any similar title or description of services with the intent to represent that the person is a clinical laboratory practitioner.

(kk) Unless authorized to practice certified midwifery under this chapter, a person shall not use or imply the use of the words or terms "certified midwife", "licensed midwife", or any similar title or description of services with the intent to represent that the person practices midwifery as a certified midwife.

(Mar. 25, 1986, D.C. Law 6-99, § 1003, 33 DCR 729; July 22, 1992, D.C. Law 9-126, § 2(i), 39 DCR 3824; Mar. 14, 1995, D.C. Law 10-203, § 2(g), 41 DCR 7707; Mar. 14, 1995, D.C. Law 10-205, § 2(g), 41 DCR 7712; Mar. 23, 1995, D.C. Law 10-247, § 2(y), 42 DCR 457; Apr. 18, 1996, D.C. Law 11-110,§ 7(g), 43 DCR 530; March 10, 2004, D.C. Law 15-88, § 2(j), 50 DCR 10999; July 8, 2004, D.C. Law 15-172, § 2(i), 51 DCR 4938; Mar. 16, 2005, D.C. Law 15-237, § 2(i), 51 DCR 10593; Mar. 6, 2007, D.C. Law 16-219, § 2(h), 53 DCR 10211; Mar. 6, 2007, D.C. Law 16-220, § 2(e), 53 DCR 10216; Mar. 6, 2007, D.C. Law 16-228, § 2(j), 53 DCR 10244; Mar. 25, 2009, D.C. Law 17-353,§ 151, 56 DCR 1117; July 7, 2009, D.C. Law 18-19, § 2(d), 56 DCR 3629; July 18, 2009, D.C. Law 18-26, § 2(h), 56; May 1, 2013, D.C. Law 19-303, § 2(e), 60 DCR 2711; Jan. 25, 2014, D.C. Law 20-64, § 2(h), 60 DCR 16533; Mar. 26, 2014, D.C. Law 20-96, § 102(s), 61 DCR 1184; May 2, 2015, D.C. Law 20-272, § 2(h), 62 DCR 1911; June 24, 2020, D.C. Law 23-115, § 2(g), 67 DCR 5077; Dec. 29, 2021, D.C. Law 24-46, § 2(g), 68 DCR 011642.)

Prior Codifications

1981 Ed., § 2-3310.3.

Effect of Amendments

D.C. Law 15-88 added subsec. (w).

D.C. Law 15-172 added subsec. (x).

D.C. Law 15-237 added subsec. (y).

D.C. Law 16-219, added subsec. (z).

D.C. Law 16-220, added subsec. (m-1).

D.C. Law 16-228, added subsec. (aa).

D.C. Law 17-353 validated a previously made technical correction in subsec. (aa).

D.C. Law 18-19, in subsec. (x), deleted the last sentence, which had read as follows: “Nothing in this subsection shall be construed as prohibiting a person registered to practice naturopathy or naturopathic healing under § 3-1209.01 from using the terms “Naturopath” or “Registered Naturopath”.

D.C. Law 18-26 rewrote subsec. (c); in subsec. (i), inserted “O.T.R/L.”; in subsec. (j), inserted “O.T.A.L.”; in subsec. (q), inserted “psychology associate”; in subsec. (t), inserted “or ‘licensed graduate professional counselor”’; and added subsecs. (bb) to (cc). Prior to amendment, subsec. (c) read as follows: “(c) Unless authorized to practice chiropractic under this chapter, a person shall not use or imply the use of the words or terms “chiropractic,” “chiropractor,” “Doctor of Chiropractic,” “D.C.”, or any similar title or description of services with the intent to represent that the person practices chiropractic.

The 2013 amendment by D.C. Law 19-303 added (l-1).

The 2014 amendment by D.C. Law 20-64 added (ee).

The 2014 amendment by D.C. Law 20-96 added the subsections designated herein as (ff) through (ii).

The 2015 amendment by D.C. Law 20-272 added (jj).

Applicability

Applicability of D.C. Law 23-115: § 3 of D.C. Law 23-115 provided that the change made to this section by § 2(g) of D.C. Law 23-115 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(h) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1210.04. Filing false document or evidence; false statements.

(a) No person shall file or attempt to file with any board or the Mayor any statement, diploma, certificate, credential, or other evidence if the person knows, or should know, that it is false or misleading.

(b) No person shall knowingly make a false statement that is in fact material under oath or affirmation administered by any board or hearing officer.

§ 3–1210.05. Fraudulent sale, obtaining, or furnishing of documents.

No person shall sell or fraudulently obtain or furnish any diploma, license, certificate or registration, record, or other document required by this chapter, by any board, or by the Mayor.

§ 3–1210.06. Restrictions relating to pharmacies.

(a) Nothing in this chapter regulating the practice of pharmacy shall be construed as altering or affecting in any way District or federal laws requiring a written prescription for controlled substances or other dangerous drugs.

(b)(1) No pharmacist shall supervise more than 1 pharmacy intern at a time without prior approval of the Board of Pharmacy.

(2) No one other than a licensed pharmacist shall receive an oral prescription for Schedule II controlled substances.

(3) It shall be unlawful for a pharmacy intern to compound or dispense any drug by prescription in the District except while in the presence of and under the immediate supervision of a pharmacist.

(4) Any person engaging in the practice of pharmacy as a pharmacy intern shall register with the Mayor and shall comply with the applicable provisions of this chapter and subpart C of subchapter IV of Chapter 28 of Title 47.

(c) Consistent with maintaining patient safety, no pharmacist shall supervise more pharmacy technicians and trainees than he or she can safely supervise. The pharmacist shall be fully responsible for the practice of each technician and trainee during the period of supervision and may be subject to disciplinary action for any violation of this chapter by a technician or trainee he or she supervises.

§ 3–1210.06a. Pharmacist consultation with medical assistance recipient or caregivers; records.

(a) A pharmacist who provides prescription services to medical assistance recipients shall offer to discuss with each medical assistance recipient or caregiver who presents a prescription order for outpatient drugs any matter which, in the exercise of the pharmacist’s professional judgment, the pharmacist deems significant, which may include the following:

(1) The name and description of the medication;

(2) The dosage form, dosage, route of administration, and duration of drug therapy;

(3) Special directions, precautions for preparation, administration, and use by the patient;

(4) Common severe side or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if they occur;

(5) Techniques for self-monitoring drug therapy;

(6) Proper storage;

(7) Prescription refill information; and

(8) Action to be taken in the event of a missed dose.

(b) The offer to discuss may be made in the manner determined by the professional judgment of the pharmacist, which may include any 1 or a combination of the following:

(1) A face-to-face communication with the pharmacist or the pharmacist’s designee;

(2) A sign posted in such a manner that it can be seen by patients;

(3) A notation affixed to or written on the bag in which the prescription is to be dispensed;

(4) A notation contained on the prescription container;

(5) Communication by telephone; or

(6) Any other manner prescribed by rule.

(c) Nothing in this section shall be construed as requiring a pharmacist to provide consultation if the medical assistance recipient or caregiver refuses the consultation. These refusals shall be noted in the profile maintained in accord with subsection (d) of this section for a medical assistance recipient.

(d) A pharmacist shall make a reasonable effort to obtain, record, and maintain, at the individual pharmacy, the following minimal information regarding a medical assistance recipient receiving a prescription:

(1) Name, address, telephone number, date of birth or age, and gender;

(2) Individual patient history when significant, including known allergies and drug reactions, and a comprehensive list of medications and relevant devices; and

(3) Pharmacist comments relevant to the individual’s drug therapy, which may be recorded either manually or electronically in the patient’s profile, including any failure to accept the pharmacist’s offer to counsel.

(e) This section shall apply only to medical assistance recipients presenting prescriptions for covered outpatient drugs.

(f) The requirements of this section do not apply to refill prescriptions.

(g) The Mayor may adopt regulations implementing the provisions of this section to assure compliance with federal medical assistance requirements.

(Mar. 25, 1986, D.C. Law 6-99, § 1006a; as added Apr. 26, 1994, D.C. Law 10-102, § 2, 41 DCR 1002.)

Prior Codifications

1981 Ed., § 2-3310.6a.

Emergency Legislation

For temporary addition of section, see § 2 of the Patient Counseling Emergency Amendment Act of 1992 (D.C. Act 9-371, December 31, 1992, 40 DCR 621). Section 3 of the Act provided that if any provisions of the act or the application thereof to any health care provider is deemed improper and would thereafter cause the denial of any portion of the federal share of payment for Medical Assistance expenditures by the United States Department of Health and Human Services, that provision shall be declared invalid, but the invalidity shall not affect other provisions or any other application of the act which can be given effect without the invalid provision or application.

For temporary addition of section, see § 2 of the Patient Counseling Emergency Amendment Act of 1993 (D.C. Act 10-143, November 4, 1993, 40 DCR 8074).

For temporary addition of section, see § 2 of the Patient Counseling Congressional Recess Emergency Amendment Act of 1994 (D.C. Act 10-178, January 25, 1994, 41 DCR 517).

Section 3 of D.C. Act 10-178 provided that if any provision of this act or the application thereof to any health care provider is deemed improper and would therefore cause the denial of any portion of the federal share of payment for Medical Assistance expenditures by the United States Department of Health and Human Services, then that provision shall be declared invalid, but the invalidity shall not affect other provisions or any other application of this act which can be given effect without the invalid provision or application.

Temporary Legislation

For temporary (225 day) addition of section, see § 2 of Patient Counseling Temporary Amendment Act of 1992 (D.C. Law 9-258, March 25, 1993, law notification 40 DCR 2328).

For temporary (225 day) addition of section, see § 2 of Patient Counseling Temporary Amendment Act of 1993 (D.C. Law 10-84, March 19, 1994, law notification 41 DCR 1634).

§ 3–1210.07. Criminal penalties.

(a) Any person who violates any provision of this chapter shall, upon conviction, be subject to imprisonment not to exceed 1 year, or a fine not to exceed $10,000, or both.

(b) Any person who has been previously convicted under this chapter shall, upon conviction, be subject to imprisonment not to exceed 1 year, or a fine not to exceed $25,000, or both.

§ 3–1210.08. Prosecutions.

(a) Prosecutions for violations of this chapter shall be brought in the name of the District of Columbia by the Office of the Attorney General for the District of Columbia.

(b) In any prosecution brought under this chapter, any person claiming an exemption from licensure, registration, or certification under this chapter shall have the burden of providing entitlement to the exemption.

(Mar. 25, 1986, D.C. Law 6-99, § 1008, 33 DCR 729; Mar. 23, 1995, D.C. Law 10-247, § 2(aa), 42 DCR 457; July 18, 2009, D.C. Law 18-26, § 2(i), 56 DCR 4043.)

Prior Codifications

1981 Ed., § 2-3310.8.

Effect of Amendments

D.C. Law 18-26, in subsec. (a), substituted “Office of the Attorney General for the District of Columbia” for “Corporation Counsel”; and, in subsec. (b), substituted “from licensure, registration, or certification” for “from licensing”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(i) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

§ 3–1210.09. Alternative sanctions.

Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2.

§ 3–1210.10. Injunctions.

(a) The Office of the Attorney General for the District of Columbia may bring an action in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin the unlawful practice of any health occupation or any other action which is grounds for the imposition of a criminal penalty or disciplinary action under this chapter.

(b) The Attorney General may bring an action in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin the unlawful sale of drugs or the unlawful trade practice or unlawful operation of a pharmacy, nursing home, community residential facility, or any other establishment purporting to provide health services.

(d) In any proceeding under this section, it shall not be necessary to prove that any person is individually injured by the action or actions alleged.

§ 3–1210.11. Patient or client records.

(a) Upon written request from a patient or client, or person authorized to have access to the patient's personal medical record under a health care power of attorney for the patient or client, a health care entity having custody and control of the patient's or client's personal medical record shall furnish a complete and current copy of that personal medical record. If the patient or client is deceased, the request may be made by:

(1) Repealed.

(2) The executor for the decedent’s estate;

(3) The temporary executor for the decedent’s estate;

(4) The administrator for the decedent’s estate;

(5) The temporary administrator for the decedent’s estate; or

(6) Any survivor of the decedent or other persons involved in the decedent's health care or payment prior to the decedent's death, unless doing so would be inconsistent with any expressed preference of the decedent that is known to the health care entity.

(b)(1) A health care entity may require the patient or client, a person authorized to have access to the patient's or client's record under a health care power of attorney for the patient or client, or, if the patient or client is deceased, a person listed under subsection (a) of this section, to pay a reasonable fee for copying, as determined by the board through rulemaking.

(2) A health care entity shall not charge a person authorized to have access to a patient's or client's personal medical record under a health care power of attorney for the patient or client or, if the patient or client is deceased, a person listed under subsection (a) of this section, a fee different than the one the health care entity would charge the patient or client.

(c) Medical records shall be maintained for a minimum period of 5 years from the date of last contact for an adult and a minimum period of 5 years after a minor reaches the age of majority.

(d) For purposes of this section, the term "health care entity" means a health care provider or a business associate as defined in 45 C.F.R. § 160.103.

§ [3–1210.12]. Persons authorized by a patient or client to receive personal medical records.

(a)(1) Subject to paragraph (3) of this subsection and provided that the authorization is clear, conspicuous, and specific, if a patient or client authorizes a person to receive their personal medical records and the authorized person requests the patient's or client's personal medical record from a health care entity having custody and control of the personal medical record, the health care entity shall transmit to the requester, within 30 days from the date the request was received, a complete and current copy of the personal medical record in the form and format requested provided that the personal medical record is readily producible in the form and format requested.

(2) If the personal medical record is not producible in the form and format requested, the health care entity shall produce the personal medical record to the requester in a readable electronic form and format either by email or by uploading the personal medical record to an electronic portal accessible to the requestor.

(3)(A) If the personal medical record cannot be produced within the 30-day period as provided in paragraph (1) of this subsection, the health care entity shall state in writing the reason for the delay and the date by which the record will be produced; provided, that the health care entity shall transmit the record within 60 days from the date the request was received.

(B) If the health care entity fails to furnish the requested personal medical record within the 60-day period, the health care entity shall reduce its fee for producing the personal medical record as provided for under subsection (b) of this section by 15 dollars for each day of non-compliance; provided, that the fee reduction shall not exceed the amount the health care entity would have otherwise charged the requestor.

(C) No fee reduction shall be made when a health care entity has a legal basis for withholding a personal medical record.

(b) A health care entity may require an authorized person to pay:

(1) For a personal medical record that is produced in an electronic format:

(A) A search and handling fee of $22.88, even if no personal medical record is located; and

(B) A per page fee not exceeding 66 cents; provided the total amount shall not exceed $86.54.

(2) For any personal medical record that is produced in a non-electronic format:

(A) A search and handling fee of $22.88, even if no personal medical record is located;

(B) A per page fee not exceeding 88 cents; and

(c) The fees enumerated in subsection (b) of this section are the only fees that a health care entity may charge an authorized person for the production of a personal medical record; except, that nothing in this section shall be construed or applied to require or excuse noncompliance with any federal law or regulation.

(d)(1) The fees enumerated in subsection (b) of this section shall be adjusted for inflation on an annual basis starting on January 1, 2024, in accordance with the Consumer Price Index ("CPI") for the District as calculated by the United States Bureau of Labor Statistics.

(2) The Department of Health shall calculate the CPI adjustments and publish the adjusted fee amounts on the Department's website no later than February 1 of each year.

(e) For purposes of this section, the term "health care entity" means a health care provider or a business associate as defined in 45 C.F.R. § 160.103.

Subchapter XI. [Reserved].

Subchapter XII. Transitional Provisions.

§ 3–1212.01. Transfer of personnel, records, property, and funds.

(a) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Dental Examiners are transferred to the Board of Dentistry established by this chapter.

(b) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Commission on Licensure to Practice the Healing Arts are transferred to the Board of Medicine established by this chapter.

(c) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Nurses’ Examining Board are transferred to the Board of Nursing established by this chapter.

(d) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Examiners for Nursing Home Administrators are transferred to the Board of Nursing Home Administration established by this chapter.

(e) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Occupational Therapy Practice are transferred to the Board of Occupational Therapy established by this chapter.

(f) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Optometry are transferred to the Board of Optometry established by this chapter.

(g) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Physical Therapists Examining Board are transferred to the Board of Physical Therapy established by this chapter.

(h) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Pharmacy are transferred to the Board of Pharmacy established by this chapter.

(i) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Podiatry Examiners are transferred to the Board of Podiatry established by this chapter.

(j) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Psychologist Examiners are transferred to the Board of Psychology established by this chapter.

§ 3–1212.02. Members of boards abolished.

Members of boards or commissions abolished by section 1104 shall serve as members of the successor boards to which their functions are transferred until the expiration of their terms or the appointment of their successors, whichever occurs first.

§ 3–1212.03. Pending actions and proceedings; existing rules and orders.

(a) No suit, action, or other judicial proceeding lawfully commenced by or against any board or commission specified in section 1104, or against any member, officer or employee of the board or commission in the official capacity of the officer or employee, shall abate by reason of the taking effect of this chapter, but the court or agency, unless it determines that survival of the suit, action, or other proceeding is not necessary for purposes of settlement of the question involved, shall allow the suit, action, or other proceeding to be maintained, with substitutions as to parties as are appropriate.

(b) No disciplinary action against a health professional or other administrative action or proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this chapter, but the action or proceeding shall be continued with substitutions as to parties and officers or agencies as are appropriate.

(c) Except as otherwise provided in this chapter, all rules and orders promulgated by the boards abolished by this act shall continue in effect and shall apply to their successor boards until the rules or orders are repealed or superseded.

§ 3–1212.04. Physical therapy assistants; references thereto.

For a period of 12 months following March 6, 2007, all references to a physical therapy assistant shall be deemed to refer to a person meeting the requirements for licensure in the District, regardless of whether that person is licensed in fact.

§ 3–1212.05. Individuals already practicing.

An individual who was engaged in practice as an assisted living administrator, athletic trainer, home health care administrator, personal fitness trainer, veterinary technician, veterinary euthanasia technician, audiology assistant, speech-language pathology assistant, or a speech-language pathology clinical fellow before March 26, 2014, may engage in that practice, regardless of whether that person is licensed, for a period of one year following March 26, 2014.

Subchapter XIII. Appropriations.

§ 3–1213.01. Appropriations.

(a) Funds may be appropriated to carry out the purposes of this chapter.

(b) Repealed.