District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0312 Introduced / Bill

Filed 06/02/2023

                    COUNCIL OF THE DISTRICT OF COLUMBIA 
The John A. Wilson Building 
1350 Pennsylvania Avenue, nw 
Washington, D.C. 20004 
 
 
Statement of Introduction on the Health Professional Licensing Boards Residency 
Requirement Amendment Act of 2023 
June 2, 2023 
 
Today, along with Councilmember Zachary Parker, I am proud to introduce the “Health 
Professional Licensing Boards Residency Requirement Amendment Act of 2023.” This 
legislation would amend the District of Columbia Health Occupations Revision Act of 1985 to 
require that at least 50% of Health Professional Licensing Board positions designated for 
professional members be filled by District residents at the time of their appointments and while 
they are members of the board, and to require that the professional members of each Board be 
licensed for the health occupation regulated by the Board on which they sit and engaged in the 
practice of that health occupation in the District for at least 3 years preceding their appointment. 
The bill also requires that members who are not District residents be engaged in the practice of 
the health occupation regulated by the Board in the District while they are members of the 
Board. 
 
Currently, the D.C. Code requires that all members of Health Professional Licensing Boards 
administered by DC Health be District residents. This requirement, while laudable in spirit, has 
created challenges for the District to fill all Board seats, particularly for Boards where a 
significant percentage of health professionals under their jurisdiction do not live in the District. 
To illustrate how common this problem is, I am including below a table from DC Health’s Fiscal 
Year 2022 Performance Oversight Post-Hearing Responses on the percentage of health 
professionals under the Health Professional Licensing Boards who live in the District. As seen in 
the table, none of these Boards have more than 40% District residents, with one Board where 
only 8% of its health professionals are District residents. On average, only 19% of health 
professionals licensed under these Boards are District residents. 
 
Percent of Licensees who are District Residents: 
Health Professional Licensing Board Percentage living in DC 
Board of Audiology and Speech-Language Pathology 	31% 
Board of Chiropractic 	23% 
Board of Dentistry 	26% 
Board of Dietetics and Nutrition 	20% 
Board of Long-Term Care Administration 	13% 
Board of Marriage and Family Therapy 	21% 
Board of Massage Therapy 	39% 
Board of Medicine 	24% 
Christina Henderson 	Committee Member 
Councilmember, At-Large 	Hospital and Health Equity 
Chairperson, Committee on Health 	Judiciary and Public Safety 
 	Transportation and the Environment 
  COUNCIL OF THE DISTRICT OF COLUMBIA 
The John A. Wilson Building 
1350 Pennsylvania Avenue, nw 
Washington, D.C. 20004 
 
Board of Nursing 	14% 
Board of Occupational Therapy 	20% 
Board of Optometry 	14% 
Board of Pharmacy 	15% 
Board of Physical Therapy 	30% 
Board of Podiatry 	8% 
Board of Professional Counseling 	29% 
Board of Psychology 	32% 
Board of Respiratory Care 	11% 
Board of Social Work 	26% 
Board of Veterinary Medicine 	31% 
Average 	19% 
 
This has led to persistently high vacancy rates for many of the Boards. For example, the Board of 
Medicine has 15 seats and 7 vacancies; the Board of Nursing has 11 seats and 5 vacancies; and 
the Board of Psychology has 5 seats and 2 vacancies. Board vacancies not only mean that less 
perspectives are considered for key licensing decisions; they also mean that sometimes Boards 
cannot establish quorum to conduct business before the Board, which in turn can slow down the 
issuance of health professional licenses. 
 
To address this persistent problem, this legislation would change the requirement to only require 
that 50% of seats held by professional members of Health Professional Licensing Boards be held 
by District residents. The bill would not change the current requirement that all consumer 
members of these Boards be District residents and would still require that the chairperson of the 
Board be a District resident. The legislation would also require that all professional members be 
licensed for the health occupation regulated by the Board on which they serve and engaged in the 
practice of the health occupation in the District for at least 3 years preceding appointment. 
Members who are not District residents will also be required to continue practicing the health 
occupation covered by the Board in the District while they are members of the Board. 
 
This change will strike the right balance of increasing the District’s ability to recruit qualified 
health professionals serving District residents for our Health Professional Licensing Boards, 
while still ensuring that the majority of Board members are District residents and that all 
residents can illustrate their commitment to the health care services provided to District 
residents.  
  
I look forward to working with my colleagues to move this legislation forward and improve 
health and safety for District of Columbia students.   	1 
_____________________________      ____________________________  1 
Councilmember Zachary Parker   Councilmember Christina Henderson   2 
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A BILL 6 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11 
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To amend the District of Columbia Health Occupations Revision Act of 1985 to require that at 16 
least 50% of board positions designated for professional members be filled by District 17 
residents at the time of their appointments and while they are members of the board; to 18 
require that the professional members of each board be licensed for the health occupation 19 
regulated by the board on which they sit and engaged in the practice of that health 20 
occupation in the District for at least 3 years preceding their appointment; to require that 21 
members who are not District residents be engaged in the practice of that health 22 
occupation in the District while they are members of the Board; and to require that the 23 
consumer members of each board and the chairperson of the Board be District residents. 24 
 25 
 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 26 
act may be cited as the “Health Professional Licensing Boards Residency Requirement 27 
Amendment Act of 2023.” 28 
 Sec. 2. Section 401 of the District of Columbia Health Occupations Revision Act of 29 
1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1204.01), is amended as 30 
follows: 31 
 (a) Subsection (a) is amended to read as follows: 32 
 “(a)(1) The consumer members of each board shall be residents of the District at the time 33 
of their appointments and while they are members of the board. 34   	2 
 “(2) At least 50% of board positions designated for professional members shall be 35 
filled by residents of the District at the time of their appointments and while they are members of 36 
the board. 37 
 “(3) The chairperson of each board must be a District resident.”. 38 
 (b) Subsection (b)(1) is amended to read as follows: 39 
 “(b)(1) Each professional member of a board, in addition to the requirements of 40 
subsection (a) of this section, shall: 41 
 “(A) Have been licensed for the health occupation regulated by the board and 42 
engaged in the practice of the health occupation regulated by the board in the District for at least 43 
3 years preceding appointment; and 44 
 “(B) For members who are not District residents, be engaged in the practice of 45 
that health occupation in the District while they are members of the board.”. 46 
 Sec. 3. Fiscal impact statement. 47 
 The Council adopts the fiscal impact statement in the committee report as the fiscal 48 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 49 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 50 
 Sec. 4. Effective date. 51 
 This act shall take effect following approval by the Mayor (or in the event of veto by the 52 
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 53 
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 54 
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 55 
Columbia Register.  56