Old | New | Differences | |
---|---|---|---|
1 | - | | |
1 | + | ENGROSSED ORIGINAL | |
2 | 2 | ||
3 | 3 | ||
4 | 4 | ||
5 | 5 | ||
6 | 6 | 1 | |
7 | 7 | ||
8 | - | AN ACT | |
9 | - | ||
10 | - | ___________________ | |
11 | - | ||
12 | - | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA | |
13 | - | ||
14 | - | _______________ | |
15 | - | ||
16 | - | ||
17 | - | To amend the District of Columbia Health Occupations Revision Act of 1985 to revise the | |
18 | - | governing standards of various health occupations regulated in the District, to reorganize | |
19 | - | and update the composition and jurisdiction of various health occupation boards, and to | |
20 | - | regulate the practices of medical radiation technology, behavior analysis, school | |
21 | - | psychology, and general applied psychology; to amend the Department of Health | |
22 | - | Functions Clarification Act of 2001 to remove the requirement that a dementia training | |
23 | - | certificate be notarized, repeal certain advisory committees, and create a new Advisory | |
24 | - | Committee on Medical Radiation Technologists; to amend section 47-2853.76e of the | |
25 | - | District of Columbia Official Code to allow for ear piercings of minors with a sterilized | |
26 | - | hollow needle and tattoo services for individuals aged 16 and 17 with written consent | |
27 | - | from a parent or legal guardian; and to make other conforming and technical | |
28 | - | amendments. | |
29 | - | ||
30 | - | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this | |
31 | - | act may be cited as the “Health Occupations Revision General Amendment Act of 2024”. | |
32 | - | ||
33 | - | TITLE I. HEALTH PROFESSIONAL LICENSURE REVISIONS. | |
34 | - | Sec. 101. The District of Columbia Health Occupations Revision Act of 1985, effective | |
35 | - | March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01 et seq.), is amended as follows: | |
36 | - | (a) The table of contents is amended as follows: | |
37 | - | (1) Title I is amended by adding a new section designation to read as follows: | |
38 | - | “Sec. 105. Telehealth.”. | |
39 | - | (2) Title II is amended as follows: | |
40 | - | (A) The designation for section 203 is amended to read as follows: | |
41 | - | “Sec. 203. Board of Medicine; Advisory Committees on Anesthesiologist Assistants, | |
42 | - | Polysomnography, Surgical Assistants, Trauma Technologists, Athletic Trainers, Maternal Care | |
43 | - | Professionals, and Medical Radiation Technologists.”. | |
44 | - | (B) The designations for sections 205 and 217 are repealed. | |
45 | - | (C) The designation for section 208 is amended to read as follows: | |
46 | - | “Sec. 208. Board of Pharmacy.”. ENROLLED ORIGINAL | |
47 | - | ||
48 | - | ||
49 | - | ||
50 | - | ||
8 | + | A BILL 1 | |
51 | 9 | 2 | |
52 | - | ||
53 | - | ||
54 | - | (D) New section designations are added to read as follows: | |
55 | - | “Sec. 223. Board of Rehabilitative Therapies. | |
56 | - | “Sec. 224. Board of Integrative Healthcare.”. | |
57 | - | (3) Title IV is amended by adding a new section designation to read as follows: | |
58 | - | “Sec. 413. Immunity.”. | |
59 | - | (4) Title V is amended as follows: | |
60 | - | (A) New section designations are added to read as follows: | |
61 | - | “Sec. 511a. Emeritus status. | |
62 | - | “Sec. 514a. Negotiated settlement agreement. | |
63 | - | “Sec. 514b. Disciplinary or adverse action against nursing education or nursing assistive | |
64 | - | personnel training programs. | |
65 | - | “Sec. 525. Disciplinary records.”. | |
66 | - | (B) The designation for section 513a is repealed. | |
67 | - | (5) Title VI is amended as follows: | |
68 | - | (A) The designation for section 603 is repealed. | |
69 | - | (B) The designation for Title VI is amended by striking the phrase | |
70 | - | “PROTOCOL; COLLABORATION.” and inserting the phrase “PROTOCOL.” in its place. | |
71 | - | (C) New section designations are added to read as follows: | |
72 | - | “Sec. 605a. Certified registered nurse anesthetist. | |
73 | - | “Sec. 606a. Certified nurse-midwife. | |
74 | - | “Sec. 607a. Certified nurse practitioner. | |
75 | - | “Sec. 607b. Certified clinical nurse specialist. | |
76 | - | “Sec. 608a. Qualifications, certification.”. | |
77 | - | (6) The designation for Title VII-F is repealed. | |
78 | - | (7) A new title designation is added to read as follows: | |
79 | - | “TITLE VII-G. | |
80 | - | “QUALIFICATIONS FOR LICENSURE TO PRACTICE AS A BEHAVIOR ANALYST . | |
81 | - | ||
82 | - | “Sec. 771. Eligibility requirements and education. | |
83 | - | (8) Title VIII is amended by adding a new designation to read as follows: | |
84 | - | “Sec. 804a. Exceptions for non-clinical practice.”. | |
85 | - | (9) Title VIII-C section designation 853 and 854 are repealed. | |
86 | - | (10) New title designations are added to read as follows: | |
87 | - | “Title VIII-F. | |
88 | - | “CATEGORIES AND QUALIFICATIONS REQUIRED FOR THE PRACTICE OF | |
89 | - | PSYCHOLOGY. | |
90 | - | ||
91 | - | “Sec. 881. License and registration requirements. ENROLLED ORIGINAL | |
10 | + | 25-545 3 | |
11 | + | 4 | |
12 | + | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5 | |
13 | + | 6 | |
14 | + | 7 | |
15 | + | 8 | |
16 | + | 9 | |
17 | + | To amend the District of Columbia Health Occupations Revision Act of 1985 to revise the 10 | |
18 | + | governing standards of various health occupations regulated in the District, to reorganize 11 | |
19 | + | and update the composition and jurisdiction of various health occupation boards, and to 12 | |
20 | + | regulate the practices of medical radiation technology, behavior analysis, school 13 | |
21 | + | psychology, and general applied psychology; to amend the Department of Health 14 | |
22 | + | Functions Clarification Act of 2001 to remove the requirement that a dementia training 15 | |
23 | + | certificate be notarized, repeal certain advisory committees, and create a new Advisory 16 | |
24 | + | Committee on Medical Radiation Technologists; to amend section 47-2853.76e of the 17 | |
25 | + | District of Columbia Official Code to allow for ear piercings of minors with a sterilized 18 | |
26 | + | hollow needle and tattoo services for individuals aged 16 and 17 with written consent 19 | |
27 | + | from a parent or legal guardian; and to make other conforming and technical 20 | |
28 | + | amendments. 21 | |
29 | + | 22 | |
30 | + | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 23 | |
31 | + | act may be cited as the “Health Occupations Revision General Amendment Act of 2024”. 24 | |
32 | + | TITLE I. HEALTH PROFESSIONAL LICENSURE REVISIONS. 25 | |
33 | + | Sec. 101. The District of Columbia Health Occupations Revision Act of 1985, effective 26 | |
34 | + | March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01 et seq.), is amended as follows: 27 | |
35 | + | (a) The table of contents is amended as follows: 28 | |
36 | + | (1) Title I is amended by adding a designation for a new section 105 to read as 29 | |
37 | + | follows: 30 | |
38 | + | “Sec. 105. Telehealth.”. 31 ENGROSSED ORIGINAL | |
39 | + | ||
40 | + | ||
41 | + | ||
42 | + | ||
43 | + | 2 | |
44 | + | ||
45 | + | (2) Title II is amended as follows: 32 | |
46 | + | (A) The designation for section 203 is amended to read as follows: 33 | |
47 | + | “Sec. 203. Board of Medicine; Advisory Committees on Anesthesiologist Assistants, 34 | |
48 | + | Polysomnography, Surgical Assistants, Trauma Technologists, Athletic Trainers, Maternal Care 35 | |
49 | + | Professionals, and Medical Radiation Technologists.”. 36 | |
50 | + | (B) The designation for section 208 is amended to read as follows: 37 | |
51 | + | “Sec. 208. Board of Pharmacy.” 38 | |
52 | + | (C) Repeal the designations for sections 205 and 217. 39 | |
53 | + | (D) Add designations for new sections 223 and 224 to read as follows: 40 | |
54 | + | “Sec. 223. Board of Rehabilitative Therapies. 41 | |
55 | + | “Sec. 224. Board of Integrative Healthcare.”. 42 | |
56 | + | (3) Title IV is amended by adding a designation for a new section 413 to read as 43 | |
57 | + | follows: 44 | |
58 | + | “Sec. 413. Immunity.”. 45 | |
59 | + | (4) Title V is amended as follows: 46 | |
60 | + | (A) Add designations for new sections 511a, 514a, 514b, and 525 to read 47 | |
61 | + | as follows: 48 | |
62 | + | “Sec. 511a. Emeritus status. 49 | |
63 | + | “Sec. 514a. Negotiated settlement agreement. 50 ENGROSSED ORIGINAL | |
92 | 64 | ||
93 | 65 | ||
94 | 66 | ||
95 | 67 | ||
96 | 68 | 3 | |
97 | 69 | ||
98 | - | “Sec. 882. Qualifications. | |
99 | - | “Sec. 883. Limitations. | |
100 | - | “Title VIII-G. | |
101 | - | “CATEGORIES AND QUALIFICATIONS REQUIRED FOR THE PRACTICE OF MEDICAL | |
102 | - | RADIATION. | |
103 | - | ||
104 | - | “Sec. 891. Qualifications for licensure. | |
105 | - | “Sec. 892. Limitations on practice. | |
106 | - | “Sec. 893. Transition of licensed and registered medical radiation practitioners.”. | |
107 | - | (11) Title IX is amended as follows: | |
108 | - | (A) The designation for section 902 is amended to read as follows: | |
109 | - | “Sec. 902. Dance Therapy.” | |
110 | - | (B) The section designations for 903, 906, 908, and 912 are repealed. | |
111 | - | (C) The designation for section 907 is amended by striking the period and | |
112 | - | inserting the phrase “; registration or certification required.” in its place. | |
113 | - | (D) A new section designation is added to read as follows: | |
114 | - | “Sec. 913. Doula.”. | |
115 | - | (12) The designation for section 1204 is amended by striking the word “therapy” | |
116 | - | and inserting the word “therapist” in its place. | |
117 | - | (b) Section 101 (D.C. Official Code § 3-1201.01) is amended as follows: | |
118 | - | (1) The first paragraph (1) and paragraph (1A) are amended to read as follows: | |
119 | - | “(1) “Board” means the Board of Dentistry, the Board of Dietetics and Nutrition, | |
120 | - | the Board of Integrative Healthcare, the Board of Medicine, the Board of Nursing, the Board of | |
121 | - | Optometry, the Board of Pharmacy, the Board of Podiatry, the Board of Professional Counseling, | |
122 | - | the Board of Psychology, the Board of Rehabilitative Therapies, the Board of Respiratory Care, | |
123 | - | the Board of Social Work, or the Board of Veterinary Medicine established by this act, as the | |
124 | - | context requires. | |
125 | - | “(1A) “Boards of Allied Health” means the Board of Dentistry, the Board of | |
126 | - | Dietetics and Nutrition, the Board of Massage Therapy, the Board of Optometry, the Board of | |
127 | - | Podiatry, the Board of Rehabilitative Therapies, and the Board of Respiratory Care.”. | |
128 | - | (2) The second paragraph (1) is designated as paragraph (1C). | |
129 | - | (3) Paragraphs (1E), (1F), (1G), and (1H) are designated as paragraphs (10A), | |
130 | - | (10B), (10C), and (10D). | |
131 | - | (4) Paragraphs (1E), (10A), (10B), (10C), and (3) are repealed. | |
132 | - | (5) Paragraph (1B) is amended by striking the phrase “means the Board of | |
133 | - | Marriage and Family Therapy,” and inserting the word “means” in its place. | |
134 | - | (6) Paragraph (10D) is amended by striking the word “midwife” and inserting the | |
135 | - | phrase “health professional providing maternal services” in its place. | |
136 | - | (7) Paragraph (6C) is amended to read as follows: ENROLLED ORIGINAL | |
70 | + | “Sec. 514b. Disciplinary or adverse action against nursing education or nursing 51 | |
71 | + | assistive personnel training programs. 52 | |
72 | + | “Sec. 525. Disciplinary records.”. 53 | |
73 | + | (B) Repeal the designation for section 513a. 54 | |
74 | + | (5) Title VI is amended as follows: 55 | |
75 | + | (A) The designation for Title VI is amended by striking the phrase 56 | |
76 | + | “PROTOCOL; COLLABORATION.” and inserting the phrase “PROTOCOL.” in its place. 57 | |
77 | + | (B) Add designations for new sections 605a, 606a, 607a, 607b, and 608a 58 | |
78 | + | to read as follows: 59 | |
79 | + | “Sec. 605a. Certified registered nurse anesthetist. 60 | |
80 | + | “Sec. 606a. Certified nurse-midwife. 61 | |
81 | + | “Sec. 607a. Certified nurse practitioner. 62 | |
82 | + | “Sec. 607b. Certified clinical nurse specialist. 63 | |
83 | + | “Sec. 608a. Qualifications, certification.”. 64 | |
84 | + | (C) Repeal the designation for section 603. 65 | |
85 | + | (6) Repeal the designation for Title VII-F. 66 | |
86 | + | (7) Add a designation for a new Title VII-G to read as follows: 67 | |
87 | + | “TITLE VII-G. 68 | |
88 | + | “QUALIFICATIONS FOR LICENSURE TO PRACTICE AS A BEHAVIOR ANALYST 69 | |
89 | + | 70 | |
90 | + | “Sec. 771. Eligibility requirements and education. 71 ENGROSSED ORIGINAL | |
137 | 91 | ||
138 | 92 | ||
139 | 93 | ||
140 | 94 | ||
141 | 95 | 4 | |
142 | 96 | ||
143 | - | “(6C) “Doula” means an individual certified by the Board of Medicine to provide | |
144 | - | culturally competent and continuous physical, emotional, and informational support to a birthing | |
145 | - | parent during pregnancy, labor, birth, and postpartum.”. | |
146 | - | (8) A new paragraph (6C-i) is added to read as follows: | |
147 | - | “(6C-i) “Electronic form” means a record created, generated, sent, communicated, | |
148 | - | received, or stored by electronic means.”. | |
149 | - | (9) Paragraph (15) is amended to read as follows: | |
150 | - | “(15) “Suspension” means termination of the right to practice a health profession | |
151 | - | for a specified period of time or until such time that the specified conditions in an order are | |
152 | - | satisfied.”. | |
153 | - | (10) A new paragraph (15A) is added to read as follows: | |
154 | - | “(15A) “Telehealth” means the use of synchronous or asynchronous | |
155 | - | telecommunication technology to provide access to health assessment, diagnosis, intervention, | |
156 | - | consultation, supervision, and information where the health professional and the patient, client, | |
157 | - | or supervisee are located at different physical locations.”. | |
158 | - | (11) Paragraph (16) is amended by striking the period and inserting the phrase | |
159 | - | “and is licensed to practice veterinary medicine in the District.” in its place. | |
160 | - | (c) Section 102 (D.C. Official Code § 3-1201.02) is amended as follows: | |
161 | - | (1) Paragraph (2) is amended to read as follows: | |
162 | - | “(2) “Practice of advanced practice registered nursing” means the independent | |
163 | - | performance of advanced-level nursing actions, with or without compensation, by a licensed | |
164 | - | registered nurse with advanced education, knowledge, skills, and scope of practice who has been | |
165 | - | certified to perform such actions by a national certifying body acceptable to the Board of | |
166 | - | Nursing in the appropriate advanced practice registered nursing role and in at least one | |
167 | - | population focus. Advanced practice registered nursing shall include the categories of certified | |
168 | - | registered nurse anesthetist, certified nurse-midwife, certified nurse-practitioner, and clinical | |
169 | - | nurse specialist. The practice of advanced practice registered nursing includes: | |
170 | - | “(A) Advanced assessment; | |
171 | - | “(B) Medical diagnosis; | |
172 | - | “(C) Prescribing; | |
173 | - | “(D) Selecting, administering, and dispensing therapeutic measures; | |
174 | - | “(E) Treating alterations of the health status; and | |
175 | - | “(F) Carrying out other functions identified in Title VI and in accordance | |
176 | - | with procedures required by this act.”. | |
177 | - | (2) Paragraph (2A-ii)(C)(iii) is repealed. | |
178 | - | (3) Paragraph (2B)(A) is amended to read as follows: | |
179 | - | “(2B)(A) “Practice of audiology” means the planning, directing, supervising, and | |
180 | - | conducting of habilitative or rehabilitative counseling programs for individuals or groups of | |
181 | - | individuals who have, or are suspected of having, disorders of hearing or balance; any service in ENROLLED ORIGINAL | |
97 | + | (8) Title VIII is amended by adding a designation for a new section 804a to read 72 | |
98 | + | as follows: 73 | |
99 | + | “Sec. 804a. Exceptions for non-clinical practice.”. 74 | |
100 | + | (9) Title VIII-C is amended by repealing the designations for sections 853 and 75 | |
101 | + | 854. 76 | |
102 | + | (10) Add designations for new Titles VIII-F and VIII-G to read as follows: 77 | |
103 | + | “Title VIII-F. 78 | |
104 | + | “CATEGORIES AND QUALIFICATIONS REQUIRED FOR THE PRACTICE OF 79 | |
105 | + | PSYCHOLOGY 80 | |
106 | + | 81 | |
107 | + | “Sec. 881. License and registration requirements. 82 | |
108 | + | “Sec. 882. Qualifications. 83 | |
109 | + | “Sec. 883. Limitations.”. 84 | |
110 | + | “Title VIII-G. 85 | |
111 | + | “CATEGORIES AND QUALIFICATIONS REQUIRED FOR THE PRACTICE OF MEDICAL 86 | |
112 | + | RADIATION 87 | |
113 | + | 88 | |
114 | + | “Sec. 891. Qualifications for licensure. 89 | |
115 | + | “Sec. 892. Limitations on practice. 90 | |
116 | + | “Sec. 893. Transition of licensed and registered medical radiation practitioners.”. 91 | |
117 | + | (11) Title IX is amended as follows: 92 | |
118 | + | (A) The designation for section 902 is amended to read as follows: 93 ENGROSSED ORIGINAL | |
182 | 119 | ||
183 | 120 | ||
184 | 121 | ||
185 | 122 | ||
186 | 123 | 5 | |
187 | 124 | ||
188 | - | audiology, including prevention, identification, evaluation, consultation, habilitation or | |
189 | - | rehabilitation, academic instruction, clinical instruction, and research; participating in hearing | |
190 | - | conservation, hearing aid and assistive listening device evaluation, selection, preparation, | |
191 | - | dispensing, and orientation; fabricating ear molds; cerumen management; interoperative | |
192 | - | neurophysiologic monitoring; providing auditory training and speech reading; administering tests | |
193 | - | of vestibular function or tinnitus; or speech and language screening limited to a pass-or-fail | |
194 | - | determination for the purpose of identification of individuals with disorders of communication | |
195 | - | and associated referral for management of communication and balance disorders, or cognitive, | |
196 | - | dexterity, depression, or vision screening, and associated referral for management of related | |
197 | - | disorders. The practice of audiology does not include the practice of medicine or osteopathic | |
198 | - | medicine, or the performance of a task in the normal practice of medicine or osteopathic | |
199 | - | medicine by a person to whom the task is delegated by a licensed physician.”. | |
200 | - | (4) The existing paragraph (2C-i) is redesignated as paragraph (2C-ii). | |
201 | - | (5) A new paragraph (2C-i) is added to read as follows: | |
202 | - | “(2C-i) “Practice of behavior analysis” means the design, implementation, and | |
203 | - | evaluation of environmental modifications to produce socially significant improvement in human | |
204 | - | behavior, including the use of direct observation, measurement, and functional analysis of the | |
205 | - | relationship between environment and behavior.”. | |
206 | - | (6) Paragraph (3)(A) is amended to read as follows: | |
207 | - | “(3)(A) “Practice of chiropractic” means practicing a primary care health | |
208 | - | discipline through the evaluation, examination, diagnosis, counseling, and treatment or | |
209 | - | management of biomechanical or physiological conditions or disorders that compromise neural | |
210 | - | integrity or organ system function; the use of x-rays and advanced diagnostic imaging, physical | |
211 | - | examination, and examination by instrumentation for the detection and correction of | |
212 | - | subluxations and somatic dysfunctions that cause vertebral, neuromuscular, or skeletal disorder; | |
213 | - | the adjustment of the spine or manipulation of bodily articulations for the restoration and | |
214 | - | maintenance of health; and the referral of a patient for diagnostic imaging, tests, and clinical | |
215 | - | laboratory procedures in order to determine a regimen of chiropractic care or to form a basis or | |
216 | - | referral of patients to other licensed health care professionals. The practice of chiropractic does | |
217 | - | not include the use of drugs or surgery but may include ancillary procedures such as dry needling | |
218 | - | in accordance with the rules and requirements promulgated by the Mayor.”. | |
219 | - | (7) Paragraph (3A) is amended by striking the phrase “or cells desquamated from | |
220 | - | a body surface or lesion” and inserting the phrase “cells desquamated from a body surface or | |
221 | - | lesion, or cells aspirated from a lesion” in its place. | |
222 | - | (8) Paragraph (4) is amended as follows: | |
223 | - | (A) Subparagraph (A) is amended to read as follows: | |
224 | - | “(4)(A) “Practice of dental hygiene” means the performance of any of the | |
225 | - | following activities in accordance with the provisions of subparagraph (B) of this paragraph: ENROLLED ORIGINAL | |
125 | + | “Sec. 902. Dance Therapy.” 94 | |
126 | + | (B) The designation for section 907 is amended by striking the period and 95 | |
127 | + | inserting the phrase “; registration or certification required.” in its place. 96 | |
128 | + | (C) Repeal the designations for sections 903, 906, 908, and 912. 97 | |
129 | + | (D) Add a designation for a new section 913 to read as follows: 98 | |
130 | + | “Sec. 913. Doula.”. 99 | |
131 | + | (12) The designation for section 1204 is amended by striking the word “therapy” 100 | |
132 | + | and inserting the word “therapist” in its place. 101 | |
133 | + | (b) Section 101 (D.C. Official Code § 3-1201.01) is amended as follows: 102 | |
134 | + | (1) The first paragraph (1) and paragraph (1A) are amended to read as follows: 103 | |
135 | + | “(1) “Board” means the Board of Dentistry, the Board of Dietetics and Nutrition, 104 | |
136 | + | the Board of Integrative Healthcare, the Board of Medicine, the Board of Nursing, the Board of 105 | |
137 | + | Optometry, the Board of Pharmacy, the Board of Podiatry, the Board of Professional Counseling, 106 | |
138 | + | the Board of Psychology, the Board of Rehabilitative Therapies, the Board of Respiratory Care, 107 | |
139 | + | the Board of Social Work, or the Board of Veterinary Medicine established by this act, as the 108 | |
140 | + | context requires. 109 | |
141 | + | “(1A) “Boards of Allied Health” means the Board of Dentistry, the Board of 110 | |
142 | + | Dietetics and Nutrition, the Board of Massage Therapy, the Board of Optometry, the Board of 111 | |
143 | + | Podiatry, the Board of Rehabilitative Therapies, and the Board of Respiratory Care.”. 112 | |
144 | + | (2) The second paragraph (1) is designated as paragraph (1C). 113 ENGROSSED ORIGINAL | |
226 | 145 | ||
227 | 146 | ||
228 | 147 | ||
229 | 148 | ||
230 | 149 | 6 | |
231 | 150 | ||
232 | - | “(i) A preliminary dental examination, including charting of | |
233 | - | cavities, soft tissue examination, periodontal examination, and oral cancer screening; a complete | |
234 | - | prophylaxis, including the removal of any deposit, accretion, or stain from the surface of a tooth | |
235 | - | or a restoration; debridement; scaling and root planing; soft tissue curettage; application of | |
236 | - | topical fluoride and fluoride varnish; and the polishing of a tooth or a restoration; | |
237 | - | “(ii) Applying a medicinal agent to a tooth for a prophylactic | |
238 | - | purpose; | |
239 | - | “(iii) Taking dental radiographs; | |
240 | - | “(iv) Instructing individuals or groups of individuals in oral health | |
241 | - | care; | |
242 | - | “(v) Administering local anesthesia and nitrous oxide when | |
243 | - | certified by the Board of Dentistry to do so;” | |
244 | - | “(vi) Applying pit and fissure sealants; | |
245 | - | “(vii) Placing and removing periodontal dressings; | |
246 | - | “(viii) Administering vaccinations under the direct supervision of a | |
247 | - | dentist licensed under this act when certified by the Board of Dentistry to do so; | |
248 | - | “(ix) Prescribing topical prescription or over-the-counter fluoride | |
249 | - | preparations and topical antimicrobial oral rinses, under the general supervision of a dentist | |
250 | - | licensed under this act; | |
251 | - | “(x) Performing blood glucose testing; | |
252 | - | “(xi) Placing or removing temporary restorations and crowns; | |
253 | - | “(xii) Taking study cast impressions; | |
254 | - | “(xiii) Removing sutures; and | |
255 | - | “(xiv) Any other functions included in the curricula of approved | |
256 | - | educational programs in dental hygiene, including dental hygiene diagnosis.”. | |
257 | - | (B) Subparagraph (B) is amended as follows: | |
258 | - | (i) Strike the phrase “A dental hygienist may perform” and insert | |
259 | - | the phrase “Except for administering vaccinations, a dental hygienist may perform” in its place; | |
260 | - | (ii) Strike the phrase “in his or her office or any public school or | |
261 | - | institution rendering dental services.” and insert the phrase “in their office or mobile dental clinic | |
262 | - | and in any public health setting, including a health care facility, correctional institution, | |
263 | - | residential facility, public school, shelter for victims of domestic abuse or runaways, foster | |
264 | - | home, nonprofit clinic, and long-term care facility rendering dental services as that term is | |
265 | - | defined in section 101(7) of the District of Columbia Long-Term Care Ombudsman Program Act | |
266 | - | of 1988, effective March 16, 1989 (D.C. Law 7-218; D.C. Official Code § 7-701.01(7)).” in its | |
267 | - | place. | |
268 | - | (iii) Strike the phrase “subparagraph (A)(vi)” and insert the phrase | |
269 | - | “subparagraph (A)(xiv)” in its place. | |
270 | - | (C) Subparagraph (C) is amended to read as follows: ENROLLED ORIGINAL | |
151 | + | (3) Paragraphs (1E), (1F), (1G), and (1H) are designated as paragraphs (10A), 114 | |
152 | + | (10B), (10C), and (10D). 115 | |
153 | + | (4) Paragraphs (1E), (10A), (10B), (10C), and (3) are repealed. 116 | |
154 | + | (5) Paragraph (1B) is amended by striking the phrase “means the Board of 117 | |
155 | + | Marriage and Family Therapy,” and inserting the word “means” in its place. 118 | |
156 | + | (6) Paragraph (10D) is amended by striking the word “midwife” and inserting the 119 | |
157 | + | phrase “health professional providing maternal services” in its place. 120 | |
158 | + | (7) Paragraph (6C) is amended to read as follows: 121 | |
159 | + | “(6C) “Doula” means an individual certified by the Board of Medicine to provide 122 | |
160 | + | culturally competent and continuous physical, emotional, and informational support to a birthing 123 | |
161 | + | parent during pregnancy, labor, birth, and postpartum.”. 124 | |
162 | + | (8) A new paragraph (6C-i) is added to read as follows: 125 | |
163 | + | “(6C-i) “Electronic form” means a record created, generated, sent, communicated, 126 | |
164 | + | received, or stored by electronic means.”. 127 | |
165 | + | (9) Paragraph (15) is amended to read as follows: 128 | |
166 | + | “(15) “Suspension” means termination of the right to practice a health profession 129 | |
167 | + | for a specified period of time or until such time that the specified conditions in an order are 130 | |
168 | + | satisfied.”. 131 | |
169 | + | (10) A new paragraph (15A) is added to read as follows: 132 ENGROSSED ORIGINAL | |
271 | 170 | ||
272 | 171 | ||
273 | 172 | ||
274 | 173 | ||
275 | 174 | 7 | |
276 | 175 | ||
277 | - | “(C) For the purposes of this paragraph, the term: | |
278 | - | “(i) “Collaborative practice agreement” means a formal agreement | |
279 | - | between a licensed dentist and a licensed dental hygienist agreed upon by both parties that | |
280 | - | includes, at a minimum, the roles and responsibilities of each party, the ways in which they will | |
281 | - | collaborate, and the specific procedures, patient types, and protocols the dental hygienist must | |
282 | - | follow when practicing under the agreement. | |
283 | - | “(ii) “Dental hygiene diagnosis” means the identification of an | |
284 | - | existing oral health problem that a dental hygienist is qualified and licensed to treat within the | |
285 | - | scope of the practice and focuses on behavioral risks and physical conditions related to oral | |
286 | - | health. | |
287 | - | “(iii) “General supervision” means the performance by a dental | |
288 | - | hygienist of procedures permitted by subparagraph (A) of this paragraph based on instructions | |
289 | - | given by a dentist licensed under this act, but not requiring the physical presence of the dentist | |
290 | - | during the performance of these procedures. General supervision in dental clinics and public | |
291 | - | health settings shall be pursuant to a collaborative practice agreement, meeting the requirements | |
292 | - | set forth by the Mayor through rulemaking, with a dentist licensed under this act that designates | |
293 | - | authorization for the services provided by the dental hygienist; provided, that the dental hygienist | |
294 | - | has documented completion of a Board-approved course on medical emergencies within each | |
295 | - | continuing education cycle.”. | |
296 | - | (9) Paragraph (6) is amended as follows: | |
297 | - | (A) Subparagraph (A) is amended to read as follows: | |
298 | - | “(6)(A) “Practice of nutrition” means the application of the scientific principles | |
299 | - | derived from the study of food, nutrition, biochemistry, metabolism, physiology, and behavioral | |
300 | - | sciences for achieving and maintaining health throughout the lifespan; the provision of nutrition | |
301 | - | care services in-person or via telehealth, including medical nutrition therapy to prevent, manage, | |
302 | - | or treat diseases or medical conditions and promote wellness; the ordering of patient diets, | |
303 | - | including therapeutic diets via oral routes; the ordering of medical laboratory tests related to | |
304 | - | nutritional therapeutic treatments; and the provision of recommendations on vitamin, mineral, | |
305 | - | and other dietary supplements.”. | |
306 | - | (B) A new subparagraph (A-i) is added to read as follows: | |
307 | - | “(A-i) “Practice of dietetics” includes the entire scope of the practice of | |
308 | - | nutrition in subparagraph (A) of this paragraph, as well as the application of scientific principles | |
309 | - | derived from the study of nutrigenomics, pharmacology, and food systems management; the | |
310 | - | development and ordering of therapeutic diets, via oral, enteral, and parenteral routes; and the | |
311 | - | provision of advanced clinical nutrition care services consistent with current Scope and | |
312 | - | Standards of Practice for dietitians registered by the Commission on Dietetic Registration.”. | |
313 | - | (C) A new subparagraph (C) is added to read as follows: ENROLLED ORIGINAL | |
176 | + | “(15A) “Telehealth” means the use of synchronous or asynchronous 133 | |
177 | + | telecommunication technology to provide access to health assessment, diagnosis, intervention, 134 | |
178 | + | consultation, supervision, and information where the health professional and the patient, client, 135 | |
179 | + | or supervisee are located at different physical locations.”. 136 | |
180 | + | (11) Paragraph (16) is amended by striking the period and inserting the phrase 137 | |
181 | + | “and is licensed to practice veterinary medicine in the District.” in its place. 138 | |
182 | + | (c) Section 102 (D.C. Official Code § 3-1201.02) is amended as follows: 139 | |
183 | + | (1) The lead-in language for paragraph (2) is amended to read as follows: 140 | |
184 | + | “(2) “Practice of advanced practice registered nursing” means the independent 141 | |
185 | + | performance of advanced-level nursing actions, with or without compensation, by a licensed 142 | |
186 | + | registered nurse with advanced education, knowledge, skills, and scope of practice who has been 143 | |
187 | + | certified to perform such actions by a national certifying body acceptable to the Board of 144 | |
188 | + | Nursing in the appropriate advanced practice registered nursing role and in at least one 145 | |
189 | + | population focus. Advanced practice registered nursing shall include the categories of certified 146 | |
190 | + | registered nurse anesthetist, certified nurse-midwife, certified nurse-practitioner, and clinical 147 | |
191 | + | nurse specialist. The practice of advanced practice registered nursing includes: 148 | |
192 | + | “(A) Advanced assessment; 149 | |
193 | + | “(B) Medical diagnosis; 150 | |
194 | + | “(C) Prescribing; 151 | |
195 | + | “(D) Selecting, administering, and dispensing therapeutic measures; 152 ENGROSSED ORIGINAL | |
314 | 196 | ||
315 | 197 | ||
316 | 198 | ||
317 | 199 | ||
318 | 200 | 8 | |
319 | 201 | ||
320 | - | “(C) For the purposes of this paragraph, the term “medical nutrition | |
321 | - | therapy” means the provision of any of the following nutrition care services for the purpose of | |
322 | - | management or treatment of a disease or medical condition: | |
323 | - | “(i) Nutrition assessment; | |
324 | - | “(ii) Nutrition diagnosis; | |
325 | - | “(iii) Nutrition intervention; and | |
326 | - | “(iv) Nutrition monitoring and evaluation.”. | |
327 | - | (10) Paragraphs (6A) and (6A-i) are repealed. | |
328 | - | (11) Paragraph (6B) is amended as follows: | |
329 | - | (A) Subparagraph (A) is amended by striking the phrase “the context of | |
330 | - | marriage and family systems.” and inserting the phrase “the context of, or arising from, marriage | |
331 | - | and family systems.” in its place. | |
332 | - | (B) Subparagraphs (B) and (C) are repealed. | |
333 | - | (12) Paragraphs (6B-i) and (6B-ii) are repealed. | |
334 | - | (13) New paragraphs (6D) and (6E) are added to read as follows: | |
335 | - | “(6D) “Practice of medical assistants” means performing assistance with minor | |
336 | - | medical practices that, other than the administration of vaccines or other injections, do not | |
337 | - | involve any subcutaneous procedure and occur only under the direct supervision of a physician, | |
338 | - | physician assistant, or advance practice registered nurse. | |
339 | - | “(6E) “Practice of medical radiation technology” means the use of ionizing or | |
340 | - | non-ionizing radiation for the purposes of medical imaging and treatment in any of the following | |
341 | - | categories: | |
342 | - | “(A) The practice of cardiovascular-interventional technology, which | |
343 | - | means the use of imaging equipment to perform a comprehensive scope of invasive cardiac or | |
344 | - | neurological, peripheral, and visual cardiovascular and non-vascular diagnostic, therapeutic and | |
345 | - | interventional procedures that are displayed in radiographic or digital images for the purpose of | |
346 | - | assisting physicians in diagnostic and interventional procedures; | |
347 | - | “(B) The practice of computed tomography technology, which means the | |
348 | - | use of ionizing radiation to produce tomographic images or slices of specific areas of the body on | |
349 | - | film, fluorescent material, or an image display device; | |
350 | - | “(C) The practice of magnetic resonance technology, which means the use | |
351 | - | of resonance frequency within a magnetic field to evaluate anatomic of physiologic conditions of | |
352 | - | the body, perform spectral analysis, perform functional and anatomic analysis, and provide a | |
353 | - | basis for interventional or therapeutic procedures that utilize magnetic resonance technology; | |
354 | - | “(D) The practice of mammography, which means the use of low-dose x- | |
355 | - | rays to image internal structures of the breast for purposes of detecting abnormal growths or | |
356 | - | cysts; ENROLLED ORIGINAL | |
202 | + | “(E) Treating alterations of the health status; and 153 | |
203 | + | “(F) Carrying out other functions identified in subtitle VI of this title and in 154 | |
204 | + | accordance with procedures required by this title.”. 155 | |
205 | + | (2) Paragraph (2A-ii)(C)(iii) is repealed. 156 | |
206 | + | (3) Paragraph (2B)(A) is amended to read as follows: 157 | |
207 | + | “(2B)(A) “Practice of audiology” means the planning, directing, supervising, and 158 | |
208 | + | conducting of habilitative or rehabilitative counseling programs for individuals or groups of 159 | |
209 | + | individuals who have, or are suspected of having, disorders of hearing or balance; any service in 160 | |
210 | + | audiology, including prevention, identification, evaluation, consultation, habilitation or 161 | |
211 | + | rehabilitation, academic instruction, clinical instruction, and research; participating in hearing 162 | |
212 | + | conservation, hearing aid and assistive listening device evaluation, selection, preparation, 163 | |
213 | + | dispensing, and orientation; fabricating ear molds; cerumen management; interoperative 164 | |
214 | + | neurophysiologic monitoring; providing auditory training and speech reading; administering tests 165 | |
215 | + | of vestibular function or tinnitus; or speech and language screening limited to a pass-or-fail 166 | |
216 | + | determination for the purpose of identification of individuals with disorders of communication 167 | |
217 | + | and associated referral for management of communication and balance disorders, or cognitive, 168 | |
218 | + | dexterity, depression, or vision screening, and associated referral for management of related 169 | |
219 | + | disorders. The practice of audiology does not include the practice of medicine or osteopathic 170 | |
220 | + | medicine, or the performance of a task in the normal practice of medicine or osteopathic 171 | |
221 | + | medicine by a person to whom the task is delegated by a licensed physician.”. 172 ENGROSSED ORIGINAL | |
357 | 222 | ||
358 | 223 | ||
359 | 224 | ||
360 | 225 | ||
361 | 226 | 9 | |
362 | 227 | ||
363 | - | “(E) The practice of nuclear medicine technology, which means the use of | |
364 | - | in vivo and in vitro detection and measurement of radioactivity and the administration of | |
365 | - | radiopharmaceuticals and radionuclides for diagnostic and therapeutic purposes; | |
366 | - | “(F) The practice of radiation therapy, which means the administration of | |
367 | - | ionizing and non-ionizing radiation to human beings for therapeutic purposes as prescribed and | |
368 | - | supervised by a radiation oncologist; | |
369 | - | “(G) The practice of radiography, which means the use of ionizing | |
370 | - | radiation projected through the body to produce radiographic or fluoroscopic images; | |
371 | - | “(H) The practice by radiologist assistants, which means the practice of | |
372 | - | radiography in the areas of patient care, patient management, clinical imaging and interventional | |
373 | - | procedures, but does not include interpreting images, making diagnoses, or prescribing | |
374 | - | medication or therapies; and | |
375 | - | “(I) The practice of ultrasonography or sonography, which means the use | |
376 | - | of ultrasound for the visualization of subcutaneous body structures including tendons, muscles, | |
377 | - | joints, vessels, and internal organs for possible pathology or lesions.”. | |
378 | - | (14) Paragraph (7B) is amended to read as follows: | |
379 | - | “(7B) “Practice by nursing assistive personnel” means the performance by | |
380 | - | authorized individuals who have been assigned direct patient care tasks that are common to | |
381 | - | nursing functions and do not require professional skill or judgment within a health care, | |
382 | - | residential, or community support setting; provided, that the patient care tasks are performed | |
383 | - | under the general supervision of a licensed health care professional. Nursing assistive personnel | |
384 | - | includes: | |
385 | - | “(A) Nurse aides; | |
386 | - | “(B) Medication aides; | |
387 | - | “(C) Home-health aides; | |
388 | - | “(D) Patient care technicians; | |
389 | - | “(E) Trained medication employees; | |
390 | - | “(F) Dialysis technicians; and | |
391 | - | “(G) Any other profession as determined by the Mayor through | |
392 | - | rulemaking.”. | |
393 | - | (15) Paragraph (9)(A) is amended as follows: | |
394 | - | (A) Sub-subparagraph (i) is amended to read as follows: | |
395 | - | “(i) The therapeutic use of everyday life activities and the use of | |
396 | - | other occupational therapy techniques to engage clients who have disability- or non-disability- | |
397 | - | related needs in everyday life occupations to enable participation in activities at home, school, | |
398 | - | the workplace, or other community settings to promote habilitation, rehabilitation, and health and | |
399 | - | wellness, with or without compensation;”. | |
400 | - | (B) Sub-subparagraph (iii) is amended by striking the word “patients” and | |
401 | - | inserting the word “clients” in its place. ENROLLED ORIGINAL | |
228 | + | (4) The existing paragraph (2C-i) is redesignated as paragraph (2C-ii). 173 | |
229 | + | (5) A new paragraph (2C-i) is added to read as follows: 174 | |
230 | + | “(2C-i) “Practice of behavior analysis” means the design, implementation, and 175 | |
231 | + | evaluation of environmental modifications to produce socially significant improvement in human 176 | |
232 | + | behavior, including the use of direct observation, measurement, and functional analysis of the 177 | |
233 | + | relationship between environment and behavior.”. 178 | |
234 | + | (6) Paragraph (3)(A) is amended to read as follows: 179 | |
235 | + | “(3)(A) “Practice of chiropractic” means practicing a primary care health 180 | |
236 | + | discipline through the evaluation, examination, diagnosis, counseling, and treatment or 181 | |
237 | + | management of biomechanical or physiological conditions or disorders that compromise neural 182 | |
238 | + | integrity or organ system function; the use of x-rays and advanced diagnostic imaging, physical 183 | |
239 | + | examination, and examination by instrumentation for the detection and correction of 184 | |
240 | + | subluxations and somatic dysfunctions that cause vertebral, neuromuscular, or skeletal disorder; 185 | |
241 | + | the adjustment of the spine or manipulation of bodily articulations for the restoration and 186 | |
242 | + | maintenance of health; and the referral of a patient for diagnostic imaging, tests, and clinical 187 | |
243 | + | laboratory procedures in order to determine a regimen of chiropractic care or to form a basis or 188 | |
244 | + | referral of patients to other licensed health care professionals. The practice of chiropractic does 189 | |
245 | + | not include the use of drugs or surgery but may include ancillary procedures such as dry needling 190 | |
246 | + | in accordance with the rules and requirements promulgated by the Mayor.”. 191 ENGROSSED ORIGINAL | |
402 | 247 | ||
403 | 248 | ||
404 | 249 | ||
405 | 250 | ||
406 | 251 | 10 | |
407 | 252 | ||
408 | - | (16) Paragraph (10)(E) and is amended to read as follows: | |
409 | - | “(E) An individual licensed to practice optometry may administer or | |
410 | - | prescribe the following drugs: | |
411 | - | “(i) Antibiotics, but not oral systemic antiviral or antifungal agents; | |
412 | - | “(ii) Antihistamines; | |
413 | - | “(iv) Non-steroidal anti-inflammatories; | |
414 | - | “(iv) Medication for the initiation of immediate emergency | |
415 | - | treatment of angle closure glaucoma; and | |
416 | - | “(v) Injectable systemic drugs to counter anaphylactic reactions.”. | |
417 | - | (17) Paragraph (10A)(A) is amended by striking the phrase “communicating in | |
418 | - | person” and inserting the phrase “communicating in person or through interactive virtual | |
419 | - | communication” in its place. | |
420 | - | (18) Paragraph (11) is amended to read as follows: | |
421 | - | “(11)(A) “Practice of pharmacy” means the interpretation and evaluation of | |
422 | - | prescription orders; the dispensing and labeling of drugs, devices, and biologicals; the | |
423 | - | compounding of drugs as authorized by federal and District law; the prescribing and dispensing | |
424 | - | of self-administered hormonal contraceptives when certified by the Board of Pharmacy to do so | |
425 | - | and in accordance with regulations issued by the Mayor; drug and device selection; | |
426 | - | responsibility for advising and providing information, where regulated or otherwise necessary, | |
427 | - | concerning drugs, devices, and biologicals, and their therapeutic values, content, hazards, and | |
428 | - | uses in the treatment and prevention of disease; responsibility for conducting drug-regimen | |
429 | - | reviews; responsibility for the proper and safe storage and distribution of drugs, devices, and | |
430 | - | biologicals; the administration of a prescribed drug, device, and biological in accordance with | |
431 | - | regulations issued by the Mayor; the order and administration of immunizations and vaccinations | |
432 | - | in accordance with the Centers for Disease Control and Prevention’s published guidelines and | |
433 | - | recommended immunization schedules for adults aged 18 and older with valid identification, | |
434 | - | adolescents and children aged 3 through 17 with written informed parental consent or without | |
435 | - | consent if authorized by District law, and the administration of immunizations and vaccinations | |
436 | - | to any individual pursuant to a valid prescription when certified by the Board of Pharmacy to do | |
437 | - | so; conducting health screenings, including ordering, performing, and interpreting Clinical | |
438 | - | Laboratory Improvement Amendments-waived tests; the offering or performance of those acts, | |
439 | - | services, operations, and transactions necessary in the conduct, operation, management, and | |
440 | - | control of a pharmacy; the initiating, modifying, or discontinuing a drug therapy in accordance | |
441 | - | with a duly executed collaborative practice agreement; the maintenance of proper records; and a | |
442 | - | range of professional healthcare and clinical services as determined by the Mayor through | |
443 | - | rulemaking, but including: | |
444 | - | “(i) Medication Therapy Management; | |
445 | - | “(ii) Management of chronic conditions, including Type 2 diabetes | |
446 | - | mellitus and hypertension; ENROLLED ORIGINAL | |
253 | + | (7) Paragraph (3A) is amended by striking the phrase “or cells desquamated from 192 | |
254 | + | a body surface or lesion” and inserting the phrase “cells desquamated from a body surface or 193 | |
255 | + | lesion, or cells aspirated from a lesion” in its place. 194 | |
256 | + | (8) Paragraph (4) is amended as follows: 195 | |
257 | + | (A) Subparagraph (A) is amended to read as follows: 196 | |
258 | + | “(4)(A) “Practice of dental hygiene” means the performance of any of the 197 | |
259 | + | following activities in accordance with the provisions of subparagraph (B) of this paragraph: 198 | |
260 | + | “(i) A preliminary dental examination, including charting of 199 | |
261 | + | cavities, soft tissue examination, periodontal examination, and oral cancer screening; a complete 200 | |
262 | + | prophylaxis, including the removal of any deposit, accretion, or stain from the surface of a tooth 201 | |
263 | + | or a restoration; debridement; scaling and root planing; soft tissue curettage; application of 202 | |
264 | + | topical fluoride and fluoride varnish; and the polishing of a tooth or a restoration; 203 | |
265 | + | “(ii) Applying a medicinal agent to a tooth for a prophylactic 204 | |
266 | + | purpose; 205 | |
267 | + | “(iii) Taking dental radiographs; 206 | |
268 | + | “(iv) Instructing individuals or groups of individuals in oral health 207 | |
269 | + | care; 208 | |
270 | + | “(v) Administering local anesthesia and nitrous oxide when 209 | |
271 | + | certified by the Board of Dentistry to do so;” 210 | |
272 | + | “(vi) Applying pit and fissure sealants; 211 ENGROSSED ORIGINAL | |
447 | 273 | ||
448 | 274 | ||
449 | 275 | ||
450 | 276 | ||
451 | 277 | 11 | |
452 | 278 | ||
453 | - | “(iii) Performing foot checks for patients with diabetes; | |
454 | - | “(iv) Performing point-of-care testing for blood glucose; | |
455 | - | “(v) Providing diabetes education; | |
456 | - | “(vi) Performing point-of-care testing and cholesterol monitoring; | |
457 | - | “(vii) Offering tobacco-cessation services; | |
458 | - | “(viii) Providing transition-of-care services; | |
459 | - | “(ix) Administering anticoagulation therapy; | |
460 | - | “(x) Screening for depression and other mental health conditions; | |
461 | - | “(xi) Conducting asthma Control checks; | |
462 | - | “(xii) Screening for sexually transmitted diseases; and | |
463 | - | “(xiii) Extending prescriptions as medically necessary, excluding | |
464 | - | controlled substances or specialized medications; and | |
465 | - | “(xiv) Initiation of Pre Exposure Prophylaxis (PrEP) and Post | |
466 | - | Exposure Prophylaxis (PEP) for the prevention of HIV/AIDS pursuant to a protocol. | |
467 | - | “(B) For the purposes of this paragraph, the term: | |
468 | - | “(i) “Administration” means the direct application of a prescription | |
469 | - | drug, device, or biological to the body of the patient by injection, inhalation, ingestion, or other | |
470 | - | means. | |
471 | - | “(ii) “Collaborative practice agreement” means a voluntary written | |
472 | - | agreement between a licensed pharmacist and a licensed physician that has been approved by the | |
473 | - | Board of Pharmacy and the Board of Medicine, either directly or through rulemaking, or between | |
474 | - | a licensed pharmacist and another health practitioner with independent prescriptive authority | |
475 | - | licensed by a District health occupation board, that defines the scope of practice between the | |
476 | - | licensed pharmacist and licensed physician, or other health practitioner, for the initiation, | |
477 | - | modification, or discontinuation of a drug therapy regimen. | |
478 | - | “(iii) “Pharmacy” means an establishment or institution, or any | |
479 | - | part thereof, where the practice of pharmacy is conducted, drugs are compounded or dispensed, | |
480 | - | offered for sale, given away, or displayed for sale at retail, or prescriptions are compounded or | |
481 | - | dispensed. | |
482 | - | “(iv) “Prescription” means an order for a drug, medicinal | |
483 | - | chemical, biological, or combination or mixtures thereof, or for a medically prescribed medical | |
484 | - | device, in writing, or on an approved electronic form, dated and signed by an authorized health | |
485 | - | professional, or given orally to a pharmacist by an authorized health professional or the person’s | |
486 | - | authorized agent and immediately reduced to writing by the pharmacist or pharmacy intern. | |
487 | - | “(C) The Mayor shall establish regulations to ensure the safe and effective | |
488 | - | provision of the services listed under subparagraph (A) of this paragraph, including appropriate | |
489 | - | training requirements and protocols for collaboration with other healthcare professionals.”. | |
490 | - | (19) Paragraph (12)(A) and (B) are amended to read as follows: | |
491 | - | ENROLLED ORIGINAL | |
279 | + | “(vii) Placing and removing periodontal dressings; 212 | |
280 | + | “(viii) Administering vaccinations under the direct supervision of a 213 | |
281 | + | dentist licensed under this act when certified by the Board of Dentistry to do so; 214 | |
282 | + | “(ix) Prescribing topical prescription or over-the-counter fluoride 215 | |
283 | + | preparations and topical antimicrobial oral rinses, under the general supervision of a dentist 216 | |
284 | + | licensed under this act; 217 | |
285 | + | “(x) Performing blood glucose testing; 218 | |
286 | + | “(xi) Placing or removing temporary restorations and crowns; 219 | |
287 | + | “(xii) Taking study cast impressions; 220 | |
288 | + | “(xiii) Removing sutures; and 221 | |
289 | + | “(xiv) Any other functions included in the curricula of approved 222 | |
290 | + | educational programs in dental hygiene, including dental hygiene diagnosis.”. 223 | |
291 | + | (B) Subparagraph (B) is amended as follows: 224 | |
292 | + | (i) Strike the phrase “A dental hygienist may perform” and insert 225 | |
293 | + | the phrase “Except for administering vaccinations, a dental hygienist may perform” in its place; 226 | |
294 | + | (ii) Strike the phrase “in his or her office or any public school or 227 | |
295 | + | institution rendering dental services.” and insert the phrase “in their office or mobile dental clinic 228 | |
296 | + | and in any public health setting, including a health care facility, correctional institution, 229 | |
297 | + | residential facility, public school, shelter for victims of domestic abuse or runaways, foster 230 | |
298 | + | home, nonprofit clinic, and long-term care facility rendering dental services as that term is 231 ENGROSSED ORIGINAL | |
492 | 299 | ||
493 | 300 | ||
494 | 301 | ||
495 | 302 | ||
496 | 303 | 12 | |
497 | 304 | ||
498 | - | “(12)(A) Practice of physical therapy” means the independent evaluation or | |
499 | - | treatment of human disability, injury, or disease through the specific scientific application of | |
500 | - | physical measures to secure the functional rehabilitation of the human body; utilizing standard | |
501 | - | procedures of physical therapy to treat patients with mechanical, physiological, and | |
502 | - | developmental impairments, functional limitations, and disabilities, or other health and | |
503 | - | movement-related conditions to alleviate the effects of these conditions, to reduce the risk of | |
504 | - | injury, and to promote and maintain fitness, health, and wellness in populations of all ages; the | |
505 | - | ability to order imaging as part of the evaluation process; and the teaching and researching of | |
506 | - | physical therapy. | |
507 | - | “(B) “Practice by physical therapist assistants” means the performance of | |
508 | - | selected components of a physical therapy treatment intervention by a person who has graduated | |
509 | - | from a physical therapist assistant program accredited by an agency recognized for that purpose | |
510 | - | by the Secretary of the Department of Education or the Council of Postsecondary Accreditation | |
511 | - | and is licensed pursuant to this act to assist a physical therapist.”. | |
512 | - | (20) Paragraph (14) is amended to read as follows: | |
513 | - | “(14) “Practice of podiatry” means the diagnosis, treatment, prevention, and care | |
514 | - | of pathology and ailments of all structures and tissues of the human foot and ankle, the | |
515 | - | anatomical structures that attach to the human food, ankle, and soft tissue at or below the knee, | |
516 | - | by surgical, medical, or mechanical means, with or without compensation. A licensed podiatrist | |
517 | - | may administer local anesthesia, as well as injections, immunizations, and vaccinations.”. | |
518 | - | (21) Paragraph (15) is amended to read as follows: | |
519 | - | “(15) “Practice of practical nursing” means the performance, under the | |
520 | - | supervision of a registered nurse, advanced practice registered nurse, licensed physician, or other | |
521 | - | authorized health care provider, with or without compensation, of directed nursing services | |
522 | - | required in observing and caring for sick, injured, convalescent, or disabled patients, in | |
523 | - | promoting preventive measures in community health, in acting to safeguard life and health, in | |
524 | - | administering treatment and medication prescribed by a physician, dentist, or advanced practice | |
525 | - | registered nurses, or in performing other acts not requiring the skill, judgment, and knowledge of | |
526 | - | a registered nurse. The practice of practical nursing includes the training of nursing assistive | |
527 | - | personnel and shall be subject to the nursing standards established or recognized by the Board of | |
528 | - | Nursing in accordance with regulations promulgated by the Mayor.”. | |
529 | - | (22) Paragraph (15B) is amended as follows: | |
530 | - | (A) Subparagraph (A) is amended by striking the phrase “; and” and | |
531 | - | inserting a semicolon in its place. | |
532 | - | (B) Subparagraph (B) is amended by striking the period and inserting a | |
533 | - | semicolon in its place. | |
534 | - | (C) New subparagraphs (C) and (D) are added to read as follows: ENROLLED ORIGINAL | |
305 | + | defined in section 101(7) of the District of Columbia Long-Term Care Ombudsman Program Act 232 | |
306 | + | of 1988, effective March 16, 1989 (D.C. Law 7-218; D.C. Official Code § 7-701.01(7)).” in its 233 | |
307 | + | place. 234 | |
308 | + | (iii) Strike the phrase “subparagraph (A)(vi)” and insert the phrase 235 | |
309 | + | “subparagraph (A)(xiv)” in its place. 236 | |
310 | + | (C) Subparagraph (C) is amended to read as follows: 237 | |
311 | + | “(C) For the purposes of this paragraph, the term: 238 | |
312 | + | “(i) “Collaborative practice agreement” means a formal agreement 239 | |
313 | + | between a licensed dentist and a licensed dental hygienist agreed upon by both parties that 240 | |
314 | + | includes, at a minimum, the roles and responsibilities of each party, the ways in which they will 241 | |
315 | + | collaborate, and the specific procedures, patient types, and protocols the dental hygienist must 242 | |
316 | + | follow when practicing under the agreement. 243 | |
317 | + | “(ii) “Dental hygiene diagnosis” means the identification of an 244 | |
318 | + | existing oral health problem that a dental hygienist is qualified and licensed to treat within the 245 | |
319 | + | scope of the practice and focuses on behavioral risks and physical conditions related to oral 246 | |
320 | + | health. 247 | |
321 | + | “(iii) “General supervision” means the performance by a dental 248 | |
322 | + | hygienist of procedures permitted by subparagraph (A) of this paragraph based on instructions 249 | |
323 | + | given by a dentist licensed under this Act, but not requiring the physical presence of the dentist 250 | |
324 | + | during the performance of these procedures. General supervision in dental clinics and public 251 ENGROSSED ORIGINAL | |
535 | 325 | ||
536 | 326 | ||
537 | 327 | ||
538 | 328 | ||
539 | 329 | 13 | |
540 | 330 | ||
541 | - | “(C) Determining and evaluating treatment goals and objectives and | |
542 | - | implementing counseling techniques and evidence-based counseling methods, models, and | |
543 | - | interventions to achieve treatment plan goals; and | |
544 | - | “(D) Teaching and supervising the practice of professional counseling.”. | |
545 | - | (23) Paragraph (16) is amended to read as follows: | |
546 | - | “(16)(A) “Practice of psychology” means the observation, description, evaluation, | |
547 | - | interpretation, prediction, and modification of human behavior by the application of | |
548 | - | psychological principles, methods, and procedures, with or without compensation, for the | |
549 | - | purposes of: | |
550 | - | “(i) Preventing, eliminating, assessing, or predicting symptomatic, | |
551 | - | maladaptive, or undesired behavior; | |
552 | - | “(ii) Evaluating, assessing, or facilitating the enhancement of | |
553 | - | individual, group, or organizational effectiveness, including personal effectiveness, adaptive | |
554 | - | behavior, interpersonal relationships, work and life adjustment, health, and individual, group, or | |
555 | - | organizational performance; or | |
556 | - | “(iii) Providing effective services to help children and youth | |
557 | - | succeed academically, socially, behaviorally, and emotionally and direct educational and mental | |
558 | - | health services for children and youth, including working with parents, educators, and other | |
559 | - | professionals to create supportive learning and social environments for children. | |
560 | - | “(B) Limitations on the authorization to practice psychology under this | |
561 | - | paragraph shall be set forth as follows: | |
562 | - | “(i) A person licensed as a health services psychologist is | |
563 | - | authorized to practice psychology within the full scope of subparagraph (A) of this paragraph; | |
564 | - | “(ii) A person licensed as a general applied psychologist is | |
565 | - | authorized to practice psychology within the scope of subparagraph (A)(ii) of this paragraph; | |
566 | - | “(iii) A person registered as a school psychologist is authorized to | |
567 | - | practice psychology within the scope of subparagraph (A)(iii) of this paragraph; and | |
568 | - | “(iv) A person registered as a psychology associate is authorized to | |
569 | - | practice psychology within the scope of subparagraph (A)(i) of this paragraph; provided, that | |
570 | - | they practice only under the supervision of a licensed health services psychologist.”. | |
571 | - | “(C) Nothing in this paragraph shall be construed as preventing or | |
572 | - | restricting the practice, services, or activities of: | |
573 | - | “(i) An individual bearing the title of psychologist in the employ of | |
574 | - | an academic institution, research organization, or laboratory, if the psychology-based activities | |
575 | - | or services offered are within the scope of employment, are consistent with his or her | |
576 | - | professional training and experience, and are provided within the confines of employment; or | |
577 | - | “(ii) A school psychologist employed by District of Columbia | |
578 | - | Public Schools or a public charter school and working in accordance with regulations issued by | |
579 | - | the Office of the State Superintendent of Education.”. ENROLLED ORIGINAL | |
331 | + | health settings shall be pursuant to a collaborative practice agreement, meeting the requirements 252 | |
332 | + | set forth by the Mayor through rulemaking, with a dentist licensed under this act that designates 253 | |
333 | + | authorization for the services provided by the dental hygienist; provided, that the dental hygienist 254 | |
334 | + | has documented completion of a Board-approved course on medical emergencies within each 255 | |
335 | + | continuing education cycle”. 256 | |
336 | + | (9) Paragraph (6) (D.C. Official Code § 3-1201.02(6)) is amended as follows: 257 | |
337 | + | (A) Subparagraph (A) is amended to read as follows: 258 | |
338 | + | “(6)(A) “Practice of nutrition” means the application of the scientific principles 259 | |
339 | + | derived from the study of food, nutrition, biochemistry, metabolism, physiology, and behavioral 260 | |
340 | + | sciences for achieving and maintaining health throughout the lifespan; the provision of nutrition 261 | |
341 | + | care services in-person or via telehealth, including medical nutrition therapy to prevent, manage, 262 | |
342 | + | or treat diseases or medical conditions and promote wellness; the ordering of patient diets, 263 | |
343 | + | including therapeutic diets via oral routes; the ordering of medical laboratory tests related to 264 | |
344 | + | nutritional therapeutic treatments; and the provision of recommendations on vitamin, mineral, 265 | |
345 | + | and other dietary supplements.”. 266 | |
346 | + | (B) A new subparagraph (A-i) is added to read as follows: 267 | |
347 | + | “(A-i) “Practice of dietetics” includes the entire scope of practice of 268 | |
348 | + | nutrition included in subparagraph (6)(A), as well as the application of scientific principles 269 | |
349 | + | derived from the study of nutrigenomics, pharmacology, and food systems management; the 270 | |
350 | + | development and ordering of therapeutic diets, via oral, enteral, and parenteral routes; and the 271 ENGROSSED ORIGINAL | |
580 | 351 | ||
581 | 352 | ||
582 | 353 | ||
583 | 354 | ||
584 | 355 | 14 | |
585 | 356 | ||
586 | - | (24) A new paragraph (16A) is added to read as follows: | |
587 | - | “(16A) “Practice of recreational therapy” means the systematic process that | |
588 | - | utilizes recreation and other activity-based interventions to address the assessed needs of | |
589 | - | individuals with illness or disabling conditions as a means of psychological and physical health, | |
590 | - | recovery, and well-being, including treatment services designed to restore, remediate, and | |
591 | - | rehabilitate a person’s level of functioning and independence in life activities, to promote health | |
592 | - | and wellness and reduce, or to eliminate the activity limitations and restrictions to participate in | |
593 | - | life situations caused by illness or a disabling condition.”. | |
594 | - | (25) Paragraph (17) is amended to read as follows: | |
595 | - | “(17) “Practice of registered nursing” means the performance of the full scope of | |
596 | - | nursing services, with or without compensation, designed to promote, protect, optimize, and | |
597 | - | maintain health and abilities, prevent illness and injury, facilitate healing, alleviate suffering | |
598 | - | through the diagnosis and treatment of human response, and advocate for the care of individuals, | |
599 | - | families, groups, communities, and populations. The practice of registered nursing includes the | |
600 | - | performance of acts requiring substantial specialized knowledge, judgment, and skill based on | |
601 | - | the principles of the biological, physiological, behavioral, and sociological sciences, including | |
602 | - | administrative, educational, and research functions, and shall be subject to standards established | |
603 | - | or recognized by the Board of Nursing and in accordance with regulations promulgated by the | |
604 | - | Mayor.”. | |
605 | - | (26) Paragraph (17A) is amended to read as follows: | |
606 | - | “(17A) “Practice of respiratory care” means the diagnostic evaluation, | |
607 | - | assessment, care and treatment, management, or rehabilitation, in collaboration with a licensed | |
608 | - | physician, of patients who have deficiencies and abnormalities which affect the pulmonary | |
609 | - | system and associated aspects of the cardiopulmonary or other systems.”. | |
610 | - | (27) Paragraph (18)(A) is amended to read as follows: | |
611 | - | “(18)(A) “Practice of social work” means the application of social work theory, | |
612 | - | knowledge, methods, ethics, and the professional use of self to restore or enhance social, | |
613 | - | psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, | |
614 | - | organizations, and communities, which may include, depending on an individual’s level of social | |
615 | - | work licensure and area of practice, the formulation of psychosocial evaluation and assessment, | |
616 | - | counseling, psychotherapy, referral, advocacy, mediation, consultation, research, administration, | |
617 | - | education, and community organization.”. | |
618 | - | (28) Paragraph (19A) is amended by striking the phrase “under the direct | |
619 | - | supervision” and inserting the phrase “under the supervision” in its place. | |
620 | - | (d) Section 103(d) (D.C. Official Code § 3-1201.03(d)) is amended as follows: | |
621 | - | (1) Paragraph (1) is amended by striking the semicolon and adding the phrase “; | |
622 | - | or” in its place. | |
623 | - | (2) Paragraph (2) is amended by striking the semicolon and inserting a period in | |
624 | - | its place. ENROLLED ORIGINAL | |
357 | + | provision of advanced clinical nutrition care services consistent with current Scope and 272 | |
358 | + | Standards of Practice for dietitians registered by the Commission on Dietetic Registration.”. 273 | |
359 | + | (C) A new subparagraph (C) is added to read as follows: 274 | |
360 | + | “(C) For the purposes of this paragraph, the term “medical nutrition 275 | |
361 | + | therapy” means the provision of any of the following nutrition care services for the purpose of 276 | |
362 | + | management or treatment of a disease or medical condition: 277 | |
363 | + | “(i) Nutrition assessment; 278 | |
364 | + | “(ii) Nutrition diagnosis; 279 | |
365 | + | “(iii) Nutrition intervention; and 280 | |
366 | + | “(iv) Nutrition monitoring and evaluation.”. 281 | |
367 | + | (10) Paragraphs (6A) and (6A-i) are repealed. 282 | |
368 | + | (11) Paragraph (6B) is amended as follows: 283 | |
369 | + | (A) Subparagraph (A) is amended by striking the phrase “the context of 284 | |
370 | + | marriage and family systems.” and inserting the phrase “the context of, or arising from, marriage 285 | |
371 | + | and family systems.” in its place. 286 | |
372 | + | (B) Subparagraphs (B) and (C) are repealed. 287 | |
373 | + | (12) Paragraphs (6B-i) and (6B-ii) are repealed. 288 | |
374 | + | (13) New paragraphs (6D) and (6E) are added to read as follows: 289 | |
375 | + | “(6D) “Practice of medical assistants” means performing assistance with minor 290 | |
376 | + | medical practices that, other than the administration of vaccines or other injections, do not 291 ENGROSSED ORIGINAL | |
625 | 377 | ||
626 | 378 | ||
627 | 379 | ||
628 | 380 | ||
629 | 381 | 15 | |
630 | 382 | ||
631 | - | (3) Paragraphs (3), (4), (5), (6), and (7) are repealed. | |
632 | - | (e) A new section 105 is added to read as follows: | |
633 | - | “Sec. 105. Telehealth. | |
634 | - | “(a) A health professional licensed, registered, or certified in the District pursuant to this | |
635 | - | act may provide a telehealth service to a District resident or person located in the District if | |
636 | - | doing so is: | |
637 | - | “(1) Consistent with the applicable standard of care in the District and the health | |
638 | - | professional’s scope of authorized practice in the District; and | |
639 | - | “(2) Not otherwise prohibited by law or regulation. | |
640 | - | “(b) A practitioner-patient or practitioner-client relationship may be established through | |
641 | - | telehealth in accordance with the appropriate standard of care and the practitioner’s competence | |
642 | - | and scope of practice; provided, that the Mayor may through rulemaking issue additional | |
643 | - | requirements for specific health professionals to establish a practitioner-client relationship, | |
644 | - | including an initial in-person physical examination. | |
645 | - | “(c)(1) A health professional who provides a telehealth service shall do so in a manner | |
646 | - | consistent with the standard of care applicable to a health professional who provides a | |
647 | - | comparable health care service in person in the District. | |
648 | - | “(2) The professional practice standards, rules, and laws applicable to the | |
649 | - | provision of healthcare services, including those related to identity verification, documentation, | |
650 | - | informed consent, confidentiality, privacy, and security shall apply to the provision of telehealth | |
651 | - | services. | |
652 | - | “(d) A health professional providing telehealth services who is authorized to prescribe | |
653 | - | medications shall comply with the Prescription Drug Monitoring Program Act of 2013, effective | |
654 | - | February 22, 2014 (D.C. Law 20-66; D.C. Code § 48-853.01 et seq.), and all District or federal | |
655 | - | laws and rules related to prescription and controlled substances. | |
656 | - | “(e) Except as otherwise provided in subsection (f) of this section, a practitioner who | |
657 | - | does not hold a license, registration, or certification to practice in the District pursuant to this act | |
658 | - | may not provide a telehealth service to a client or patient physically located in the District unless | |
659 | - | the practitioner and the client or patient have an existing practitioner-client or practitioner-patient | |
660 | - | relationship and: | |
661 | - | “(1)The client or patient is temporarily present in the District; or | |
662 | - | “(2) The client or patient is a District resident and the telehealth services provided | |
663 | - | do not exceed 120 days or a longer period of time as determined by the Mayor through | |
664 | - | rulemaking. | |
665 | - | “(f) Nothing in this section shall be construed to conflict with interstate reciprocity | |
666 | - | agreements or occupational licensure interstate compacts entered into by the District.”. | |
667 | - | (f) Section 203 (D.C. Official Code § 3-1202.03) is amended as follows: | |
668 | - | (1) The section heading is amended to read as follows: ENROLLED ORIGINAL | |
383 | + | involve any subcutaneous procedure and occur only under the direct supervision of a physician, 292 | |
384 | + | physician assistant, or advance practice registered nurse.”. 293 | |
385 | + | “(6E) “Practice of medical radiation technology” means the use of ionizing or 294 | |
386 | + | non-ionizing radiation for the purposes of medical imaging and treatment in any of the following 295 | |
387 | + | categories: 296 | |
388 | + | “(A) The practice of cardiovascular-interventional technology, which 297 | |
389 | + | means the use of imaging equipment to perform a comprehensive scope of invasive cardiac or 298 | |
390 | + | neurological, peripheral, and visual cardiovascular and non-vascular diagnostic, therapeutic and 299 | |
391 | + | interventional procedures that are displayed in radiographic or digital images for the purpose of 300 | |
392 | + | assisting physicians in diagnostic and interventional procedures; 301 | |
393 | + | “(B) The practice of computed tomography technology, which means the 302 | |
394 | + | use of ionizing radiation to produce tomographic images or slices of specific areas of the body on 303 | |
395 | + | film, fluorescent material, or an image display device; 304 | |
396 | + | “(C) The practice of magnetic resonance technology, which means the use 305 | |
397 | + | of resonance frequency within a magnetic field to evaluate anatomic of physiologic conditions of 306 | |
398 | + | the body, perform spectral analysis, perform functional and anatomic analysis, and provide a 307 | |
399 | + | basis for interventional or therapeutic procedures that utilize magnetic resonance technology; 308 | |
400 | + | “(D) The practice of mammography, which means the use of low-dose x-309 | |
401 | + | rays to image internal structures of the breast for purposes of detecting abnormal growths or 310 | |
402 | + | cysts; 311 ENGROSSED ORIGINAL | |
669 | 403 | ||
670 | 404 | ||
671 | 405 | ||
672 | 406 | ||
673 | 407 | 16 | |
674 | 408 | ||
675 | - | “Sec. 203. Board of Medicine; Advisory Committees on Anesthesiologist Assistants, | |
676 | - | Polysomnography, Surgical Assistants, Trauma Technologists, Athletic Trainers, Maternal Care | |
677 | - | Professionals, and Medical Radiation Technologists.”. | |
678 | - | (2) Subsection (a) is amended as follows: | |
679 | - | (A) Paragraph (2) is amended to read as follows: | |
680 | - | “(2) The Board shall regulate the practice of medicine, the practice by | |
681 | - | anesthesiologists assistants with the advice of the Advisory Committee on Anesthesiologist | |
682 | - | Assistants, the practice of medical radiation technology with the advice of the Advisory | |
683 | - | Committee on Medical Radiation Technologists, the practice by physician assistants, the practice | |
684 | - | by surgical assistants with the advice of the Advisory Committee on Surgical Assistants, the | |
685 | - | practice by physicians-in-training, the practice by trauma technologists with the advice of the | |
686 | - | Advisory Committee on Trauma Technologists, the practice of athletic training with the advice | |
687 | - | of the Advisory Committee on Athletic Trainers, and the practices of certified professional | |
688 | - | midwifery and doulas with the advice of the Advisory Committee on Maternal Care | |
689 | - | Professionals.”. | |
690 | - | (B) A new paragraph (2A) is added to read as follows: | |
691 | - | “(2A) The Board shall also regulate the practice of acupuncture and the practice | |
692 | - | of naturopathic medicine until the Board of Integrative Healthcare commences operations | |
693 | - | pursuant to section 224(f).”. | |
694 | - | (C) Paragraph (3) is amended as follows: | |
695 | - | (i) The existing language is designated as subparagraph (A). | |
696 | - | (ii) Subparagraph (A) is amended by striking the period and | |
697 | - | inserting the phrase “; except, that from the effective date of the Health Occupations Revision | |
698 | - | General Amendment Act of 2024, passed on 2nd reading on May 7, 2024 (Enrolled version of | |
699 | - | Bill 25-545) (“2024 Act”), of the members of the Board, 9 shall be physicians licensed to | |
700 | - | practice in the District, 2 shall be physician assistants licensed to practice in the District, 3 shall | |
701 | - | be consumer members, and one shall be the Director of the Department of Health, or his or her | |
702 | - | designee.” in its place. | |
703 | - | (iii) A new subparagraph (B) is added to read as follows: | |
704 | - | “(B) The Chair of the Board as of the effective date of the 2024 Act shall | |
705 | - | be a physician member.”. | |
706 | - | (D) Paragraph (8) is amended as follows: | |
707 | - | (i) Subparagraph (A) is repealed. | |
708 | - | (ii) Subparagraph (B-ii) is repealed. | |
709 | - | (iii) Subparagraph (C) is amended by striking the phrase “ in | |
710 | - | accordance with guidelines approved by the Advisory Committee on Physician Assistants;” and | |
711 | - | inserting a semicolon in its place. | |
712 | - | (iv) Subparagraph (H) is amended by striking the phrase “; and” | |
713 | - | and inserting a semicolon in its place. ENROLLED ORIGINAL | |
409 | + | “(E) The practice of nuclear medicine technology, which means the use of 312 | |
410 | + | in vivo and in vitro detection and measurement of radioactivity and the administration of 313 | |
411 | + | radiopharmaceuticals and radionuclides for diagnostic and therapeutic purposes; 314 | |
412 | + | “(F) The practice of radiation therapy, which means the administration of 315 | |
413 | + | ionizing and non-ionizing radiation to human beings for therapeutic purposes as prescribed and 316 | |
414 | + | supervised by a radiation oncologist; 317 | |
415 | + | “(G) The practice of radiography, which means the use of ionizing 318 | |
416 | + | radiation projected through the body to produce radiographic or fluoroscopic images; 319 | |
417 | + | “(H) The practice by radiologist assistants, which means the practice of 320 | |
418 | + | radiography in the areas of patient care, patient management, clinical imaging and interventional 321 | |
419 | + | procedures, but does not include interpreting images, making diagnoses, or prescribing 322 | |
420 | + | medication or therapies; and 323 | |
421 | + | “(I) The practice of ultrasonography or sonography, which means the use 324 | |
422 | + | of ultrasound for the visualization of subcutaneous body structures including tendons, muscles, 325 | |
423 | + | joints, vessels, and internal organs for possible pathology or lesions.”. 326 | |
424 | + | (14) Paragraph (7B) (D.C. Official Code § 3-1201.02(7B)) is amended to read as 327 | |
425 | + | follows: 328 | |
426 | + | “(7B) “Practice by nursing assistive personnel” means the performance by 329 | |
427 | + | authorized individuals who have been assigned direct patient care tasks that are common to 330 | |
428 | + | nursing functions and do not require professional skill or judgment within a health care, 331 ENGROSSED ORIGINAL | |
714 | 429 | ||
715 | 430 | ||
716 | 431 | ||
717 | 432 | ||
718 | 433 | 17 | |
719 | 434 | ||
720 | - | (v) Subparagraph (I) is amended by striking the period at the end | |
721 | - | and inserting the phrase “; and” in its place. | |
722 | - | (vi) A new subparagraph (J) is added to read as follows: | |
723 | - | “(J) The practice of medical radiation technology in accordance with | |
724 | - | guidelines approved by the Advisory Committee on Medical Radiation Technologists.”. | |
725 | - | (3) Subsection (a-2) is repealed. | |
726 | - | (g) Section 204 (D.C. Official Code § 3-1202.04) is amended as follows: | |
727 | - | (1) Subsection (a) is amended by striking the period and inserting the phrase “; | |
728 | - | except that, from the effective date of the Health Occupations Revision General Amendment Act | |
729 | - | of 2024, passed on 2nd reading on May 7, 2024 (Enrolled version of Bill 25-545) (“2024 Act”), | |
730 | - | the Board shall consist of 13 members.” in its place. | |
731 | - | (2) Subsection (b) is amended as follows: | |
732 | - | (A) Paragraph (1) is amended to read as follows: | |
733 | - | “(b)(1) The Board shall regulate the practice of advanced practice registered nursing, | |
734 | - | practice of registered nursing, practice of practical nursing, practice by nursing assistive | |
735 | - | personnel, practice of nursing home administration, practice of assisted living administration, | |
736 | - | and practice of home health care administration.”. | |
737 | - | (B) Paragraph (2) is amended as follows: | |
738 | - | (i) Strike the phrase “required for the approval of nursing schools | |
739 | - | and nursing programs” and insert the phrase “required for the approval of nursing education | |
740 | - | programs” in its place. | |
741 | - | (ii) Strike the phrase “may also recommend” and insert the phrase | |
742 | - | “shall also recommend” in its place. | |
743 | - | (iii) Strike the phrase “withdrawing approval of nursing schools | |
744 | - | and nursing programs.” and insert the phrase “withdrawing approval of nursing education | |
745 | - | programs and training programs for nursing assistive personnel.” in its place. | |
746 | - | (3) Subsection (c) is amended by striking the period and inserting the phrase “; | |
747 | - | except, that from the effective date of the 2024 Act, of the members of the Board, 4 shall be | |
748 | - | registered nurses licensed in the District, 2 shall be practical nurses licensed in the District, one | |
749 | - | shall be a nursing home administrator, assisted living administrator, or home health care | |
750 | - | administrator licensed in the District, one shall be a nursing assistive personnel registered or | |
751 | - | certified in the District, 3 shall be registered nurses, advanced practice registered nurses, | |
752 | - | practical nurses, or nursing assistive personnel licensed, registered, or certified in the District, | |
753 | - | and 2 shall be consumer members.” in its place. | |
754 | - | (h) Section 205 (D.C. Official Code § 3-1202.05) is repealed. | |
755 | - | (i) Section 206 (D.C. Official Code § 3-1202.06) is amended by adding a new subsection | |
756 | - | (f) to read as follows: | |
757 | - | “(f) The Board shall be dissolved on the day the Board of Rehabilitative Therapies | |
758 | - | commences operation pursuant to section 223(e).”. ENROLLED ORIGINAL | |
435 | + | residential, or community support setting; provided, that the patient care tasks are performed 332 | |
436 | + | under the general supervision of a licensed health care professional. Nursing assistive personnel 333 | |
437 | + | includes: 334 | |
438 | + | “(A) Nurse aides; 335 | |
439 | + | “(B) Medication aides; 336 | |
440 | + | “(C) Home-health aides; 337 | |
441 | + | “(D) Patient care technicians; 338 | |
442 | + | “(E) Trained medication employees; 339 | |
443 | + | “(F) Dialysis technicians; and 340 | |
444 | + | “(G) Any other profession as determined by the Mayor through 341 | |
445 | + | rulemaking.”. 342 | |
446 | + | (15) Paragraph (9)(A) is amended as follows: 343 | |
447 | + | (A) Sub-subparagraph (i) is amended to read as follows: 344 | |
448 | + | “(i) The therapeutic use of everyday life activities and the use of 345 | |
449 | + | other occupational therapy techniques to engage clients who have disability- or non-disability-346 | |
450 | + | related needs in everyday life occupations to enable participation in activities at home, school, 347 | |
451 | + | the workplace, or other community settings to promote habilitation, rehabilitation, and health and 348 | |
452 | + | wellness, with or without compensation;”. 349 | |
453 | + | (B) Sub-subparagraph (iii) is amended by striking the word “patients” and 350 | |
454 | + | inserting the word “clients” in its place. 351 ENGROSSED ORIGINAL | |
759 | 455 | ||
760 | 456 | ||
761 | 457 | ||
762 | 458 | ||
763 | 459 | 18 | |
764 | 460 | ||
765 | - | (j) Section 207 (D.C. Official Code § 3-1202.07) is amended as follows: | |
766 | - | (1) Subsection (f) is amended to read as follows: | |
767 | - | “(f) Upon application, the Board shall grant certification to administer diagnostic | |
768 | - | pharmaceutical agents and prescribe therapeutic pharmaceutical agents to applicants who have | |
769 | - | satisfied the requirements of the Board in accordance with the rules promulgated by the Mayor.”. | |
770 | - | (2) Subsection (g) is repealed. | |
771 | - | (k) Section 208 (D.C. Official Code § 3-1202.08) is amended as follows: | |
772 | - | (1) The section heading is amended by striking the phrase “and Advisory | |
773 | - | Committee on Clinical Laboratory Practitioners.” and inserting a period in its place. | |
774 | - | (2) Subsection (b) is amended as follows: | |
775 | - | (A) Paragraph (1) is amended to read as follows: | |
776 | - | “(1) The Board shall regulate the practice of pharmacy, the practice of | |
777 | - | pharmaceutical detailing, and the practice of pharmacy technicians.”. | |
778 | - | (B) Paragraph (1A) is repealed. | |
779 | - | (3) Subsection (c) is amended by striking the period and inserting the phrase “; | |
780 | - | except, that from the effective date of the Health Occupations Revision General Amendment Act | |
781 | - | of 2024, passed on 2nd reading on May 7, 2024 (Enrolled version of Bill 25-545), of the | |
782 | - | members of the Board, 5 shall be pharmacists licensed in the District, one shall be a pharmacy | |
783 | - | technician registered in the District, and one shall be a consumer member.” in its place. | |
784 | - | (4) Subsection (f) is amended by striking the phrase “and only pursuant to a | |
785 | - | written protocol and valid prescription or standing order of a physician.” and inserting a period in | |
786 | - | its place. | |
787 | - | (5) Subsections (g) and (i) through (m) are repealed. | |
788 | - | ||
789 | - | (l) Section 209 (D.C. Official Code § 3-1202.09)) is amended by adding a new subsection | |
790 | - | (f) to read as follows: | |
791 | - | “(f) The Board shall be dissolved on the day the Board of Rehabilitative Therapies | |
792 | - | commences operation pursuant to section 223(e).”. | |
793 | - | (m) Section 211 (D.C. Official Code § 3-1202.11) is amended as follows: | |
794 | - | (1) Subsection (a) is amended by striking the period and inserting the phrase “; | |
795 | - | except that, from the effective date of the Health Occupations Revision General Amendment Act | |
796 | - | of 2024, passed on 2nd reading on May 7, 2024 (Enrolled version of Bill 25-545) (“2024 Act”), | |
797 | - | the Board shall consist of 6 members.” in its place. | |
798 | - | (2) Subsection (b) is amended to read as follows: | |
799 | - | “(b) The Board shall regulate the practice of psychology, the practice by psychology | |
800 | - | associates, and the practice of behavior analysis.”. | |
801 | - | (3) Subsection (c) is amended by striking the period and inserting the phrase “; | |
802 | - | except, that from the effective date of the 2024 Act, of the members of the Board, 4 shall be ENROLLED ORIGINAL | |
461 | + | (16) Paragraph (10)(E) and is amended to read as follows: 352 | |
462 | + | “(E) An individual licensed to practice optometry may administer or 353 | |
463 | + | prescribe the following drugs: 354 | |
464 | + | “(i) Antibiotics, but not oral systemic antiviral or antifungal agents; 355 | |
465 | + | “(ii) Antihistamines; 356 | |
466 | + | “(iv) Non-steroidal anti-inflammatories; 357 | |
467 | + | “(iv) Medication for the initiation of immediate emergency 358 | |
468 | + | treatment of angle closure glaucoma; and 359 | |
469 | + | “(v) Injectable systemic drugs to counter anaphylactic reactions.”. 360 | |
470 | + | (17) Paragraph (10A)(A) is amended by striking the phrase “communicating in 361 | |
471 | + | person” and inserting the phrase “communicating in person or through interactive virtual 362 | |
472 | + | communication” in its place. 363 | |
473 | + | (18) Paragraph (11) is amended as follows: 364 | |
474 | + | (A) Subparagraph (A) is amended to read as follows: 365 | |
475 | + | “(11)(A) “Practice of pharmacy” means the interpretation and evaluation of 366 | |
476 | + | prescription orders; the dispensing and labeling of drugs, devices, and biologicals; the 367 | |
477 | + | compounding of drugs as authorized by federal and District law; the prescribing and dispensing 368 | |
478 | + | of self-administered hormonal contraceptives when certified by the Board of Pharmacy to do so 369 | |
479 | + | and in accordance with regulations issued by the Mayor; drug and device selection; 370 | |
480 | + | responsibility for advising and providing information, where regulated or otherwise necessary, 371 ENGROSSED ORIGINAL | |
803 | 481 | ||
804 | 482 | ||
805 | 483 | ||
806 | 484 | ||
807 | 485 | 19 | |
808 | 486 | ||
809 | - | psychologists licensed in the District, one shall be a behavior analyst licensed in the District, and | |
810 | - | one shall be a consumer member.” in its place. | |
811 | - | (4) A new subsection (f) is added to read as follows: | |
812 | - | “(f)(1) Within one year of the effective date of the 2024 Act, the Mayor shall issue rules | |
813 | - | for the licensure and scope of the practice of behavior analysis, which shall include at a | |
814 | - | minimum: | |
815 | - | “(A) A code of ethics for the practice of behavior analysis; | |
816 | - | “(B) Criteria for the educational and clinical training of licensed behavior | |
817 | - | analysts; | |
818 | - | “(C) Criteria for a professional competency examination and testing of | |
819 | - | applicants for a license to practice behavior analysis; and | |
820 | - | “(D) Continuing education requirements for license renewal. | |
821 | - | “(2) The Board shall hold at least 2 public meetings to solicit input on the rules | |
822 | - | developed pursuant to this subsection from behavior analysts and residents served by behavior | |
823 | - | analysts before issuing rules.”. | |
824 | - | (n) Section 212(c) (D.C. Official Code § 3-1202.12(c)) is amended by striking the period | |
825 | - | and inserting the phrase “; except, that from the effective date of the Health Occupations | |
826 | - | Revision General Amendment Act of 2024, passed on 2nd reading on May 7, 2024 (Enrolled | |
827 | - | version of Bill 25-545), of the members of the Board, 4 shall be social workers licensed in the | |
828 | - | District; provided, that 3 of those members shall be a licensed graduate social worker, licensed | |
829 | - | independent social worker, or licensed independent clinical social worker, while the remaining | |
830 | - | member may be from any of the 4 licensing categories established by Title VIII, and one shall be | |
831 | - | a consumer member.” in its place. | |
832 | - | (o) Section 213 (D.C. Official Code § 3-1202.13) is amended as follows: | |
833 | - | (1) Subsection (a) is amended by striking the period and inserting the phrase “; | |
834 | - | except, that from the effective date of the Health Occupations Revision General Amendment Act | |
835 | - | of 2024, passed on 2nd reading on May 7, 2024 (Enrolled version of Bill 25-545) (“2024 Act”), | |
836 | - | the Board shall consist of 7 members appointed by the Mayor with the advice and consent of the | |
837 | - | Council.” in its place. | |
838 | - | (2) Subsection (b) is amended by striking the phrase “and addiction counseling.” | |
839 | - | and inserting the phrase “addiction counseling, dance therapy, and marriage and family therapy.” | |
840 | - | in its place. | |
841 | - | (3) Subsection (d) is amended to read as follows: | |
842 | - | “(d) Of the members of the Board, 2 shall be professional counselors licensed in the | |
843 | - | District, one shall be an educator engaged in teaching counseling, one shall be a professional art | |
844 | - | therapist, one shall be a consumer member, and one shall have at least 5 years of experience in | |
845 | - | the field of addiction counseling; except, that from the effective date of the 2024 Act, of the | |
846 | - | members of the Board: | |
847 | - | “(1) Three shall be professional counselors licensed in the District; ENROLLED ORIGINAL | |
487 | + | concerning drugs, devices, and biologicals, and their therapeutic values, content, hazards, and 372 | |
488 | + | uses in the treatment and prevention of disease; responsibility for conducting drug-regimen 373 | |
489 | + | reviews; responsibility for the proper and safe storage and distribution of drugs, devices, and 374 | |
490 | + | biologicals; the administration of a prescribed drug, device, and biological in accordance with 375 | |
491 | + | regulations issued by the Mayor; the order and administration of immunizations and vaccinations 376 | |
492 | + | in accordance with the Centers for Disease Control and Prevention’s published guidelines and 377 | |
493 | + | recommended immunization schedules for adults aged 18 and older with valid identification, 378 | |
494 | + | adolescents and children aged 3 through 17 with written informed parental consent or without 379 | |
495 | + | consent if authorized by District law, and the administration of immunizations and vaccinations 380 | |
496 | + | to any individual pursuant to a valid prescription when certified by the Board of Pharmacy to do 381 | |
497 | + | so; conducting health screenings, including ordering, performing, and interpreting Clinical 382 | |
498 | + | Laboratory Improvement Amendments-waived tests; the offering or performance of those acts, 383 | |
499 | + | services, operations, and transactions necessary in the conduct, operation, management, and 384 | |
500 | + | control of a pharmacy; the initiating, modifying, or discontinuing a drug therapy in accordance 385 | |
501 | + | with a duly executed collaborative practice agreement; the maintenance of proper records; and a 386 | |
502 | + | range of professional healthcare and clinical services as determined by the Mayor through 387 | |
503 | + | rulemaking, but including: 388 | |
504 | + | “(i) Medication Therapy Management; 389 | |
505 | + | “(ii) Management of chronic conditions, including Type 2 diabetes 390 | |
506 | + | mellitus and hypertension; 391 ENGROSSED ORIGINAL | |
848 | 507 | ||
849 | 508 | ||
850 | 509 | ||
851 | 510 | ||
852 | 511 | 20 | |
853 | 512 | ||
854 | - | “(2) One shall be a professional art therapist licensed in the District; | |
855 | - | “(3) One shall be a marriage and family therapist licensed in the District; | |
856 | - | “(4) One shall be a professional counselor, a professional art therapist, a | |
857 | - | marriage and family therapist, or an addiction counselor licensed or certified in the District; and | |
858 | - | “(5) One shall be a consumer member; provided further, that of the | |
859 | - | members who are licensed professional counselors, one shall be an educator engaged in teaching | |
860 | - | counseling and one shall have at least 3 years of experience in the field of addiction counseling.”. | |
861 | - | (p) Section 214 (D.C. Official Code § 3-1202.14) is amended as follows: | |
862 | - | (1) Subsection (b) is amended by striking the word “therapy” and inserting the | |
863 | - | word “care” in its place. | |
864 | - | (2) Subsection (c) is amended by striking the period and inserting the phrase “; | |
865 | - | except, that from the effective date of the Health Occupations Revision General Amendment Act | |
866 | - | of 2024, passed on 2nd reading on May 7, 2024 (Enrolled version of Bill 25-545), of the | |
867 | - | members of the Board, 3 shall be respiratory care practitioners licensed in the District, one shall | |
868 | - | be either a physician with knowledge and experience in the practice of respiratory care or a | |
869 | - | respiratory care practitioner, licensed in the District, and one shall be a consumer member.”. | |
870 | - | (q) Section 216 (D.C. Official Code § 3-1202.16) is amended by adding a new subsection | |
871 | - | (f) to read as follows: | |
872 | - | “(f) The Board shall be dissolved on the day the Board of Integrative Healthcare | |
873 | - | commences operation pursuant to section 224(f).”. | |
874 | - | (r) Section 217 (D.C. Official Code § 3-1202.17) is repealed. | |
875 | - | (s) Section 218 (D.C. Official Code § 3-1202.18) is amended by adding a new subsection | |
876 | - | (i) to read as follows: | |
877 | - | “(i) The Board shall be dissolved on the day the Board of Rehabilitative Therapies | |
878 | - | commences operation pursuant to section 223(e).”. | |
879 | - | (t) New sections 223 and 224 are added to read as follows: | |
880 | - | “Sec. 223. Board of Rehabilitative Therapies. | |
881 | - | “(a) There is established a Board of Rehabilitative Therapies to consist of 11 members | |
882 | - | appointed by the Mayor with the advice and consent of the Council. | |
883 | - | “(b) The Board shall regulate the practices of audiology, occupational therapy, physical | |
884 | - | therapy, recreational therapy, and speech-language pathology and the practices by audiology | |
885 | - | assistants, occupational therapy assistants, physical therapist assistants, speech-language | |
886 | - | pathology assistants, and speech-language pathology clinical fellows. | |
887 | - | “(c) Of the members of the Board, 3 shall be physical therapists or physical therapist | |
888 | - | assistants licensed in the District, 2 shall be occupational therapists or occupational therapy | |
889 | - | assistants licensed in the District, 2 shall be audiologists or speech-language pathologists | |
890 | - | licensed in the District, one shall be a recreational therapist licensed in the District, 2 shall be | |
891 | - | consumer members, and one shall be a District licensed or registered: | |
892 | - | “(1) Audiologist; ENROLLED ORIGINAL | |
513 | + | “(iii) Performing foot checks for patients with diabetes; 392 | |
514 | + | “(iv) Performing point-of-care testing for blood glucose; 393 | |
515 | + | “(v) Providing diabetes education; 394 | |
516 | + | “(vi) Performing point-of-care testing and cholesterol monitoring; 395 | |
517 | + | “(vii) Offering tobacco-cessation services; 396 | |
518 | + | “(viii) Providing transition-of-care services; 397 | |
519 | + | “(ix) Administering anticoagulation therapy; 398 | |
520 | + | “(x) Screening for depression and other mental health conditions; 399 | |
521 | + | “(xi) Conducting asthma Control checks; 400 | |
522 | + | “(xii) Screening for sexually transmitted diseases; and 401 | |
523 | + | “(xiii) Extending prescriptions as medically necessary, excluding 402 | |
524 | + | controlled substances or specialized medications; and 403 | |
525 | + | “(xiv) Initiation of Pre Exposure Prophylaxis (PrEP) and Post 404 | |
526 | + | Exposure Prophylaxis (PEP) for the prevention of HIV/AIDS pursuant to a protocol.”. 405 | |
527 | + | (B) Subparagraph (B) is amended to read as follows: 406 | |
528 | + | “(B) Within the meaning of this paragraph, the term: 407 | |
529 | + | “(i) “Administration” means the direct application of a prescription 408 | |
530 | + | drug, device, or biological to the body of the patient by injection, inhalation, ingestion, or other 409 | |
531 | + | means. 410 ENGROSSED ORIGINAL | |
893 | 532 | ||
894 | 533 | ||
895 | 534 | ||
896 | 535 | ||
897 | 536 | 21 | |
898 | 537 | ||
899 | - | “(2) Audiology assistant; | |
900 | - | “(3) Physical therapist; | |
901 | - | “(4) Physical therapist assistant; | |
902 | - | “(5) Occupational therapist; | |
903 | - | “(6) Occupational therapy assistant; | |
904 | - | “(7) Recreational therapist; | |
905 | - | “(8) Speech-language pathologist; or | |
906 | - | “(9) Speech-language pathology assistant. | |
907 | - | “(d) Of the members initially appointed under this section, 3 shall be appointed for a term | |
908 | - | of one year, 4 shall be appointed for a term of 2 years, and 4 shall be appointed for a term of 3 | |
909 | - | years. The terms of the members first appointed shall begin on the date that a majority of the first | |
910 | - | members are sworn in, which shall become the anniversary date for all subsequent appointments. | |
911 | - | “(e) The Board shall commence operation and assume regulatory authority from the | |
912 | - | Boards of Audiology and Speech-Language Pathology, Physical Therapy, and Occupational | |
913 | - | Therapy one year from the effective date of the Health Occupations Revision General | |
914 | - | Amendment Act of 2024, passed on 2nd reading on May 7, 2024 (Enrolled version of Bill 25- | |
915 | - | 545), or once the following appointments are made, whichever is earlier: | |
916 | - | “(1) 2 members licensed to practice physical therapy; | |
917 | - | “(2) 2 members licensed to practice occupational therapy; | |
918 | - | “(3) One member authorized to practice speech-language pathology or audiology; | |
919 | - | and | |
920 | - | “(4) One consumer member. | |
921 | - | “Sec. 224. Board of Integrative Healthcare. | |
922 | - | “(a) There is established a Board of Integrative Healthcare to consist of 9 members | |
923 | - | appointed by the Mayor with the advice and consent of the Council. | |
924 | - | “(b) The Board shall regulate the practices of acupuncture, chiropractic, and naturopathic | |
925 | - | medicine. | |
926 | - | “(c) Of the members of the Board, 2 shall be acupuncturists licensed in the District, 2 | |
927 | - | shall be doctors of chiropractic licensed in the District, 2 shall be naturopathic physicians | |
928 | - | licensed in the District, one shall be a medical physician licensed in the District who works with | |
929 | - | acupuncturists, doctors of chiropractic, or naturopathic physicians, and 2 shall be consumer | |
930 | - | members. | |
931 | - | “(d) Except as provided in subsection (e) of this section, members of the Board shall be | |
932 | - | appointed for terms of 3 years. | |
933 | - | “(e) Of the members initially appointed under this section, 3 shall be appointed for a term | |
934 | - | of one year, 3 shall be appointed for a term of 2 years, and 3 shall be appointed for a term of 3 | |
935 | - | years. The terms of the members first appointed shall begin on the date that a majority of the first | |
936 | - | members are sworn in, which shall become the anniversary date for all subsequent appointments. ENROLLED ORIGINAL | |
538 | + | “(ii) “Collaborative practice agreement” means a voluntary written 411 | |
539 | + | agreement between a licensed pharmacist and a licensed physician that has been approved by the 412 | |
540 | + | Board of Pharmacy and the Board of Medicine, either directly or through rulemaking, or between 413 | |
541 | + | a licensed pharmacist and another health practitioner with independent prescriptive authority 414 | |
542 | + | licensed by a District health occupation board, that defines the scope of practice between the 415 | |
543 | + | licensed pharmacist and licensed physician, or other health practitioner, for the initiation, 416 | |
544 | + | modification, or discontinuation of a drug therapy regimen. 417 | |
545 | + | “(iii) “Pharmacy” means an establishment or institution, or any 418 | |
546 | + | part thereof, where the practice of pharmacy is conducted, drugs are compounded or dispensed, 419 | |
547 | + | offered for sale, given away, or displayed for sale at retail, or prescriptions are compounded or 420 | |
548 | + | dispensed. 421 | |
549 | + | “(iv) “Prescription” means an order for a drug, medicinal 422 | |
550 | + | chemical, biological, or combination or mixtures thereof, or for a medically prescribed medical 423 | |
551 | + | device, in writing, or on an approved electronic form, dated and signed by an authorized health 424 | |
552 | + | professional, or given orally to a pharmacist by an authorized health professional or the person’s 425 | |
553 | + | authorized agent and immediately reduced to writing by the pharmacist or pharmacy intern.”. 426 | |
554 | + | (C) A new subparagraph (C) is added to read as follows: 427 | |
555 | + | “(C) The Mayor shall establish regulations to ensure the safe and effective 428 | |
556 | + | provision of the services listed under paragraph (A) of this section, including appropriate training 429 | |
557 | + | requirements and protocols for collaboration with other healthcare professionals.”. 430 ENGROSSED ORIGINAL | |
937 | 558 | ||
938 | 559 | ||
939 | 560 | ||
940 | 561 | ||
941 | 562 | 22 | |
942 | 563 | ||
943 | - | “(f) The Board shall commence operation and assume regulatory authority from the | |
944 | - | Board of Medicine for the practices of acupuncture and naturopathic medicine and the Board of | |
945 | - | Chiropractic one year of the effective date of the Health Occupations Revision General | |
946 | - | Amendment Act of 2024, passed on 2nd reading on May 7, 2024 (Enrolled version of Bill 25- | |
947 | - | 545), or once the following appointments are made, whichever is earlier: | |
948 | - | “(1) One member licensed to practice acupuncture; | |
949 | - | “(2) One member licensed to practice chiropractic; | |
950 | - | “(3) One member licensed to practice naturopathic medicine; | |
951 | - | “(4) One member licensed to practice medicine who works with an acupuncturist, | |
952 | - | a doctor of chiropractic, or a doctor of naturopathic medicine; and | |
953 | - | “(5) One consumer member.”. | |
954 | - | (u) Section 302 (D.C. Official Code § 3-1203.02) is amended as follows: | |
955 | - | (1) A new paragraph (10A) is added to read as follows: | |
956 | - | “(10A) Creating and maintaining an online complaint form for the public to | |
957 | - | submit a complaint regarding any health care professional registered or licensed by any Board | |
958 | - | pursuant to this act or any unlicensed activity;”. | |
959 | - | (2) Paragraph (12) is amended by striking the phrase “, except the Mayor may | |
960 | - | provide for the issuance of temporary licenses to applicants for licensure to practice social work | |
961 | - | and marriage and family therapy for a period not to exceed 1 year, and to applicants for licensure | |
962 | - | to practice as anesthesiologist assistants for a period not to exceed 2 years;” and inserting a | |
963 | - | semicolon in its place. | |
964 | - | (v) Section 401(b)(2) (D.C. Official Code § 3-1204.01(b)(2)) is amended by striking the | |
965 | - | phrase “the trauma technologist member initially appointed to the Advisory Committee on | |
966 | - | Trauma Technologists,” and inserting the phrase “the trauma technologist member initially | |
967 | - | appointed to the Advisory Committee on Trauma Technologists, the athletic trainers initially | |
968 | - | appointed to the Advisory Committee on Athletic Trainers, the certified professional midwives | |
969 | - | and the doula initially appointed to the Advisory Committee on Maternal Care Professionals, the | |
970 | - | practitioners of medical radiation technology initially appointed to the Advisory Committee on | |
971 | - | Medical Radiation Technologists,” in its place. | |
972 | - | (w) Section 404(b) (D.C. Official Code § 3-1204.04(b)) is amended to read as follows: | |
973 | - | “(b) The failure of a member of a board or advisory committee to attend at least 1/2 of the | |
974 | - | regular, scheduled meetings of a board or advisory committee within a 12-month period shall | |
975 | - | constitute neglect of duty. Notwithstanding subsection (a), the Mayor may remove a member of a | |
976 | - | board or advisory committee for such neglect of duty without a hearing.”. | |
977 | - | (x) Section 405 (D.C. Official Code § 3-1204.05) is amended by adding a new | |
978 | - | subsection (a-1) to read as follows: | |
979 | - | “(a-1) Each board and advisory committee may elect a vice chairperson from among its | |
980 | - | members.”. | |
981 | - | (y) Section 408 (D.C. Official Code § 3-1204.08) is amended as follows: ENROLLED ORIGINAL | |
564 | + | (19) Paragraph (12) is amended as follows: 431 | |
565 | + | (A) Subparagraph (A) is amended to read as follows: 432 | |
566 | + | “(12)(A) Practice of physical therapy” means the independent evaluation or 433 | |
567 | + | treatment of human disability, injury, or disease through the specific scientific application of 434 | |
568 | + | physical measures to secure the functional rehabilitation of the human body, utilizing standard 435 | |
569 | + | procedures of physical therapy to treat patients with mechanical, physiological, and 436 | |
570 | + | developmental impairments, functional limitations, and disabilities, or other health and 437 | |
571 | + | movement-related conditions, to alleviate the effects of these conditions, to reduce the risk of 438 | |
572 | + | injury, and to promote and maintain fitness, health, and wellness in populations of all ages; the 439 | |
573 | + | ability to order imaging as part of the evaluation process; and the teaching and researching of 440 | |
574 | + | physical therapy.”. 441 | |
575 | + | (B) Paragraph (B) is amended to read as follows: 442 | |
576 | + | “(B) “Practice by physical therapist assistants” means the performance of selected 443 | |
577 | + | components of a physical therapy treatment intervention by a person who has graduated from a 444 | |
578 | + | physical therapist assistant program accredited by an agency recognized for that purpose by the 445 | |
579 | + | Secretary of the Department of Education or the Council of Postsecondary Accreditation and is 446 | |
580 | + | licensed pursuant to this act to assist a physical therapist.”. 447 | |
581 | + | (20) Paragraph (14) is amended to read as follows: 448 | |
582 | + | “(14) “Practice of podiatry” means the diagnosis, treatment, prevention, and care 449 | |
583 | + | of pathology and ailments of all structures and tissues of the human foot and ankle, the 450 ENGROSSED ORIGINAL | |
982 | 584 | ||
983 | 585 | ||
984 | 586 | ||
985 | 587 | ||
986 | 588 | 23 | |
987 | 589 | ||
988 | - | (1) Paragraph (2) is amended by striking the word “licenses” and inserting the | |
989 | - | phrase “a license, registration, or certification,” in its place. | |
990 | - | (2) Paragraph (4) is amended by striking the word “licenses” and inserting the | |
991 | - | phrase “licenses, registrations, or certifications” in its place. | |
992 | - | (z) A new section 413 is added to read as follows: | |
993 | - | “Sec. 413. Immunity. | |
994 | - | “A person who is a member of a board, a staff member supporting a board, or a legally | |
995 | - | authorized agent of a board acting without malice and in the furtherance of their duties shall have | |
996 | - | immunity from civil liability for investigating, prosecuting, participating in a hearing, or | |
997 | - | otherwise acting on an allegation of a ground for board action.”. | |
998 | - | (aa) The designation for Title V is amended to read as follows: | |
999 | - | “TITLE V. | |
1000 | - | “LICENSING, REGISTRATION, CERTIFICATION , OR APPROVAL REQUIRED.”. | |
1001 | - | ||
1002 | - | (bb) Section 501 (D.C. Official Code § 3-1205.01) is amended as follows: | |
1003 | - | (1) The section heading is amended to read as follows: | |
1004 | - | “Sec. 501. License, registration, certification, or approval required.”. | |
1005 | - | (2) Subsection (a) is amended as follows: | |
1006 | - | (A) Paragraphs (1) and (2) are amended to read as follows: | |
1007 | - | “(a)(1) A license issued pursuant to this act is required to practice acupuncture, advanced | |
1008 | - | practice registered nursing, assisted living administration, audiology, cardiovascular- | |
1009 | - | interventionist technology, chiropractic, certified midwifery, certified professional midwifery, | |
1010 | - | computed tomography technology, dental hygiene, dentistry, dietetics, health services | |
1011 | - | psychology, general applied psychology, home health care administration, magnetic resonance | |
1012 | - | technology, mammography, marriage and family therapy, massage therapy, medicine, | |
1013 | - | naturopathic medicine, nuclear medicine technology, nursing home administration, nutrition, | |
1014 | - | occupational therapy, optometry, pharmaceutical detailing, pharmacy, physical therapy, podiatry, | |
1015 | - | practical nursing, professional art therapy, professional counseling, radiography, recreational | |
1016 | - | therapy, registered nursing, respiratory care, social work, speech-language pathology, ultrasound | |
1017 | - | technology or sonography, veterinary medicine, or to practice as an anesthesiologist assistant, | |
1018 | - | athletic trainer, graduate marriage and family therapist, graduate professional art therapist, | |
1019 | - | physician assistant, physical therapist assistant, polysomnographic technologist, occupational | |
1020 | - | therapy assistant, radiation therapist, radiologist assistant, surgical assistant, or as a trauma | |
1021 | - | technologist in the District, except as otherwise provided in this act. | |
1022 | - | “(2) Registration is required to practice as an audiology assistant, dance therapist, | |
1023 | - | dental assistant, psychology associate, polysomnographic technician or trainee, school | |
1024 | - | psychologist, speech-language pathology assistant, or speech-language pathology clinical | |
1025 | - | fellow.”. | |
1026 | - | (B) New paragraphs (6) and (7) are added to read as follows: ENROLLED ORIGINAL | |
590 | + | anatomical structures that attach to the human food, ankle, and soft tissue at or below the knee, 451 | |
591 | + | by surgical, medical, or mechanical means, with or without compensation. A licensed podiatrist 452 | |
592 | + | may administer local anesthesia, as well as injections, immunizations, and vaccinations.”. 453 | |
593 | + | (21) Paragraph (15) is amended to read as follows: 454 | |
594 | + | “(15) “Practice of practical nursing” means the performance, under the 455 | |
595 | + | supervision of a registered nurse, advanced practice registered nurse, licensed physician, or other 456 | |
596 | + | authorized health care provider, with or without compensation, of directed nursing services 457 | |
597 | + | required in observing and caring for sick, injured, convalescent, or disabled patients, in 458 | |
598 | + | promoting preventive measures in community health, in acting to safeguard life and health, in 459 | |
599 | + | administering treatment and medication prescribed by a physician, dentist, or advanced practice 460 | |
600 | + | registered nurses, or in performing other acts not requiring the skill, judgment, and knowledge of 461 | |
601 | + | a registered nurse. The practice of practical nursing includes the training of nursing assistive 462 | |
602 | + | personnel and shall be subject to the nursing standards established or recognized by the Board of 463 | |
603 | + | Nursing in accordance with regulations promulgated by the Mayor.”. 464 | |
604 | + | (22) Paragraph (15B) is amended as follows: 465 | |
605 | + | (A) Subparagraph (A) is amended by striking the phrase “; and” and 466 | |
606 | + | inserting a semicolon in its place. 467 | |
607 | + | (B) Subparagraph (B) is amended by striking the period and inserting a 468 | |
608 | + | semicolon in its place. 469 | |
609 | + | (C) New subparagraphs (C) and (D) are added to read as follows: 470 ENGROSSED ORIGINAL | |
1027 | 610 | ||
1028 | 611 | ||
1029 | 612 | ||
1030 | 613 | ||
1031 | 614 | 24 | |
1032 | 615 | ||
1033 | - | “(6) Registration or certification under section 907 or rules promulgated by the | |
1034 | - | Mayor is required for any person to engage in the role or function of nursing assistive personnel. | |
1035 | - | “(7) Approval by the Board of Nursing is required to operate nursing education | |
1036 | - | programs and training programs for nursing assistive personnel in the District.”. | |
1037 | - | (cc) Section 502(a) (D.C. Official Code § 3-1205.02(a)) is amended as follows: | |
1038 | - | (1) Paragraph (2) is amended to read as follows: | |
1039 | - | “(2) To an individual employed by the federal government, while he or she is | |
1040 | - | acting in the official discharge of the duties of employment in the District;”. | |
1041 | - | (2) Paragraph (3) is amended to read as follows: | |
1042 | - | “(3) To an individual, licensed, registered, or certified to practice a health | |
1043 | - | occupation in a state, who is providing care to an individual, an animal, or a group (“client or | |
1044 | - | patient”) for a limited period of time, if: | |
1045 | - | “(A) The individual has been providing care to the client or patient located | |
1046 | - | in a state and is accompanying the client or patient to the District for a visit not exceeding 30 | |
1047 | - | days; | |
1048 | - | “(B) The individual is called from a state in professional consultation by | |
1049 | - | or on behalf of a client or patient to visit, examine, treat, or provide advice regarding the specific | |
1050 | - | client or patient in the District; or | |
1051 | - | “(C) The individual is invited to give a demonstration of a procedure or | |
1052 | - | clinic in the District; provided, that the individual engages in the provision of care, consultation, | |
1053 | - | demonstration, or clinic in affiliation with a comparable health professional licensed, registered, | |
1054 | - | or certified pursuant to this act;”. | |
1055 | - | (3) Paragraph (3A) is amended by striking the phrase “retained to testify as an | |
1056 | - | expert witness” and inserting the phrase “retained to assess or evaluate a subject and to testify as | |
1057 | - | an expert witness” in its place. | |
1058 | - | (dd) Section 503 (D.C. Official Code § 3-1205.03) is amended as follows: | |
1059 | - | (1) Subsection (a) is amended as follows: | |
1060 | - | (A) Paragraph (2) is amended by striking the phrase “age;” and inserting | |
1061 | - | the phrase “age; except that individuals applying for certification as nursing assistive personnel | |
1062 | - | shall be at least 16 years of age;” in its place. | |
1063 | - | (B) Paragraph (3) is amended by striking the phrase “and Titles VI, VII, | |
1064 | - | VIII and VIII-A” and inserting the phrase “and Titles VI, VII, VIII, VIII-A, VIII-B, VIII-C, | |
1065 | - | VIII-D, VIII-E, VIII-F, or VIII-G” in its place. | |
1066 | - | (C) Paragraph (4) is amended by striking the phrase “; and” and inserting a | |
1067 | - | semicolon in its place. | |
1068 | - | (D) Paragraph (5) is amended by striking the period and inserting a | |
1069 | - | semicolon in its place. | |
1070 | - | (E) New paragraphs (6) and (7) are added to read as follows: ENROLLED ORIGINAL | |
616 | + | “(C) Determining and evaluating treatment goals and objectives and 471 | |
617 | + | implementing counseling techniques and evidence-based counseling methods, models, and 472 | |
618 | + | interventions to achieve treatment plan goals; and 473 | |
619 | + | “(D) Teaching and supervising the practice of professional counseling.”. 474 | |
620 | + | (23) Paragraph (16) is amended to read as follows: 475 | |
621 | + | “(16)(A) “Practice of psychology” means the observation, description, evaluation, 476 | |
622 | + | interpretation, prediction, and modification of human behavior by the application of 477 | |
623 | + | psychological principles, methods, and procedures, with or without compensation, for the 478 | |
624 | + | purposes of: 479 | |
625 | + | “(i) Preventing, eliminating, assessing, or predicting symptomatic, 480 | |
626 | + | maladaptive, or undesired behavior; 481 | |
627 | + | “(ii) Evaluating, assessing, or facilitating the enhancement of individual, 482 | |
628 | + | group, or organizational effectiveness, including personal effectiveness, adaptive behavior, 483 | |
629 | + | interpersonal relationships, work and life adjustment, health, and individual, group, or 484 | |
630 | + | organizational performance; or 485 | |
631 | + | “(iii) Providing effective services to help children and youth succeed 486 | |
632 | + | academically, socially, behaviorally, and emotionally and direct educational and mental health 487 | |
633 | + | services for children and youth, including working with parents, educators, and other 488 | |
634 | + | professionals to create supportive learning and social environments for children. 489 ENGROSSED ORIGINAL | |
1071 | 635 | ||
1072 | 636 | ||
1073 | 637 | ||
1074 | 638 | ||
1075 | 639 | 25 | |
1076 | 640 | ||
1077 | - | “(6) Has not had a license, registration, or certification to practice a health | |
1078 | - | occupation revoked or suspended in another state if: | |
1079 | - | “(A) The basis of the license revocation or suspension would have caused | |
1080 | - | a similar result in the District; and | |
1081 | - | “(B) The revocation or suspension has not been terminated or the | |
1082 | - | applicant’s license has not been restored to good standing in the relevant state; and | |
1083 | - | “(7) Is not currently the subject of a pending disciplinary action regarding the | |
1084 | - | individual’s right to practice in another state.”. | |
1085 | - | (2) Subsection (c) is repealed. | |
1086 | - | (3) Subsection (d) is amended by striking the phrase “and Titles VI, VII, VIII and | |
1087 | - | VIII-A” and inserting the phrase “and Titles VI, VII, VIII, VIII-A, VIII-B, VIII-C, VIII-D, VIII- | |
1088 | - | E, VIII-F, and VIII-G” in its place. | |
1089 | - | (ee) Section 504 (D.C. Official Code § 3-1205.04) is amended as follows: | |
1090 | - | (1) Subsection (a) is amended by striking the phrase “Board of Medicine” and | |
1091 | - | inserting the phrase “Board of Integrative Healthcare” in its place. | |
1092 | - | (2) Subsection (b) is amended by striking the phrase “Board of Chiropractic” both | |
1093 | - | times it appears and inserting the phrase “Board of Integrative Healthcare” in its place. | |
1094 | - | (3) Subsection (d-2) is amended by striking the phrase “completed a minimum of | |
1095 | - | 500 hours of training in massage therapy.” and inserting the phrase “completed the training in | |
1096 | - | massage therapy required pursuant to rules promulgated by the Mayor.” in its place. | |
1097 | - | (4) Subsection (e-1) is amended by striking the phrase “Board of Medicine” | |
1098 | - | wherever it appears and inserting the phrase “Board of Integrative Healthcare” in its place. | |
1099 | - | (5) Subsection (f)(1) is amended by striking the phrase “Board of Long-Term | |
1100 | - | Care Administration” and inserting the phrase “Board of Nursing” in its place. | |
1101 | - | (6) Subsection (g) is amended by striking the phrase “Board of Occupational | |
1102 | - | Therapy” both times it appears and inserting the phrase “Board of Rehabilitative Therapies” in | |
1103 | - | its place. | |
1104 | - | (7) Subsection (j) is amended as follows: | |
1105 | - | (A) Strike the phrase “physical therapy assistant” both times it appears and | |
1106 | - | insert the phrase “physical therapist assistant” in its place. | |
1107 | - | (B) Strike the phrase “Board of Physical Therapy” wherever it appears and | |
1108 | - | insert the phrase “Board of Rehabilitative Therapies” in its place. | |
1109 | - | (8) Subsection (o) is repealed. | |
1110 | - | (9) Subsection (p) is amended as follows: | |
1111 | - | (A) Strike the phrase “respiratory therapy” and insert the phrase | |
1112 | - | “respiratory care” in its place. | |
1113 | - | (B) Strike the phrase “Board of Respiratory Therapy” and insert the phrase | |
1114 | - | “Board of Respiratory Care” in its place. | |
1115 | - | (10) Subsection (t) is amended as follows: ENROLLED ORIGINAL | |
641 | + | “(B) Limitations on the authorization to practice psychology under this paragraph 490 | |
642 | + | shall be set forth as follows: 491 | |
643 | + | “(i) A person licensed as a health services psychologist is authorized to 492 | |
644 | + | practice psychology within the full scope of subparagraph (A) of this paragraph; 493 | |
645 | + | “(ii) A person licensed as a general applied psychologist is authorized to 494 | |
646 | + | practice psychology within the scope of subparagraph (A)(ii) of this paragraph; 495 | |
647 | + | “(iii) A person registered as a school psychologist is authorized to practice 496 | |
648 | + | psychology within the scope of subparagraph (A)(iii) of this paragraph; and 497 | |
649 | + | “(iv) A person registered as a psychology associate is authorized to 498 | |
650 | + | practice psychology within the scope of subparagraph (A)(i) of this paragraph; provided, that 499 | |
651 | + | they practice only under the supervision of a licensed health services psychologist.”. 500 | |
652 | + | “(C) Nothing in this paragraph shall be construed as preventing or restricting the 501 | |
653 | + | practice, services, or activities of: 502 | |
654 | + | “(i) An individual bearing the title of psychologist in the employ of an 503 | |
655 | + | academic institution, research organization, or laboratory, if the psychology-based activities or 504 | |
656 | + | services offered are within the scope of employment, are consistent with his or her professional 505 | |
657 | + | training and experience, and are provided within the confines of employment; or 506 | |
658 | + | “(ii) A school psychologist employed by District of Columbia Public 507 | |
659 | + | Schools or a public charter school and working in accordance with regulations issued by the 508 | |
660 | + | Office of the State Superintendent of Education.”. 509 ENGROSSED ORIGINAL | |
1116 | 661 | ||
1117 | 662 | ||
1118 | 663 | ||
1119 | 664 | ||
1120 | 665 | 26 | |
1121 | 666 | ||
1122 | - | (A) Paragraph (1) is amended by striking the word “midwifery” and | |
1123 | - | inserting the phrase “certified professional midwifery” in its place. | |
1124 | - | (B) Paragraph (2) is amended by striking the word “midwifery” and | |
1125 | - | inserting the phrase “certified professional midwifery” in its place. | |
1126 | - | (11) A new subsection (v) is added to read as follows: | |
1127 | - | “(v) For purposes of this section, references to the Board on Rehabilitative Therapies and | |
1128 | - | Board of Integrative Healthcare prior to their commencement of operations pursuant to sections | |
1129 | - | 223(e) and 224(f), respectively, shall continue to refer to the board with regulatory authority over | |
1130 | - | the respective health care profession prior to the effective date of the Health Occupations | |
1131 | - | Revision General Amendment Act of 2024, passed on 2nd reading on May 7, 2024 (Enrolled | |
1132 | - | version of Bill 25-545).”. | |
1133 | - | (ff) Section 505 (D.C. Official Code § 3-1205.05) is amended as follows: | |
1134 | - | (1) Subsection (b) is amended by adding a new sentence at the end to read as | |
1135 | - | follows “An individual who does not have a social security number shall submit with the | |
1136 | - | application a sworn affidavit, under penalty of perjury, stating that he or she does not have a | |
1137 | - | social security number.”. | |
1138 | - | (2) New subsections (c), (d), and (e) are added to read as follows: | |
1139 | - | “(c) While a post office box may be provided as the applicant’s preferred mailing | |
1140 | - | address, an applicant shall provide their actual physical residential or business address for the | |
1141 | - | record. | |
1142 | - | “(d) An applicant shall have the burden of establishing that they meet the requirements | |
1143 | - | for the license, registration, or certification sought. | |
1144 | - | “(e) Any document or information required by this act or rule issued pursuant to this act | |
1145 | - | to be submitted for the issuance or renewal of a license, registration, or certification may be | |
1146 | - | submitted in electronic form in accordance with rules established by the Mayor.”. | |
1147 | - | (gg) Section 507 (D.C. Official Code § 3-1205.07) is amended by adding a new | |
1148 | - | subsection (c) to read as follows: | |
1149 | - | “(c) The Mayor may issue rules establishing standards and requirements by which a | |
1150 | - | board may assess and determine that an endorsement applicant possesses current competency | |
1151 | - | substantially equivalent to the competency standards required in the District, notwithstanding | |
1152 | - | that the applicant may not have been licensed, registered, certified, or accredited by an | |
1153 | - | accrediting association or a state board under the standards that were substantially equivalent to | |
1154 | - | the District’s standards at the time of their licensure, registration, certification, or accreditation.”. | |
1155 | - | (hh) Section 508a (D.C. Official Code § 3-1205.08a) is amended to read as follows: | |
1156 | - | “Sec. 508a. Temporary license, registration, or certification. | |
1157 | - | “(a) A board may, in situations established by the Mayor through rulemaking, issue a | |
1158 | - | temporary license, registration, or certification for a health care profession to an applicant if the | |
1159 | - | applicant is licensed, registered, or certified and in good standing in another jurisdiction to | |
1160 | - | practice the same profession. ENROLLED ORIGINAL | |
667 | + | (24) A new paragraph (16A) is added to read as follows: 510 | |
668 | + | “(16A) “Practice of recreational therapy” means the systematic process that 511 | |
669 | + | utilizes recreation and other activity-based interventions to address the assessed needs of 512 | |
670 | + | individuals with illness or disabling conditions as a means of psychological and physical health, 513 | |
671 | + | recovery, and well-being, including treatment services designed to restore, remediate, and 514 | |
672 | + | rehabilitate a person’s level of functioning and independence in life activities, to promote health 515 | |
673 | + | and wellness and reduce, or to eliminate the activity limitations and restrictions to participate in 516 | |
674 | + | life situations caused by illness or a disabling condition.”. 517 | |
675 | + | (25) Paragraph (17) is amended to read as follows: 518 | |
676 | + | “(17) “Practice of registered nursing” means the performance of the full scope of 519 | |
677 | + | nursing services, with or without compensation, designed to promote, protect, optimize, and 520 | |
678 | + | maintain health and abilities, prevent illness and injury, facilitate healing, alleviate suffering 521 | |
679 | + | through the diagnosis and treatment of human response, and advocate for the care of individuals, 522 | |
680 | + | families, groups, communities, and populations. The practice includes the performance of acts 523 | |
681 | + | requiring substantial specialized knowledge, judgment, and skill based on the principles of the 524 | |
682 | + | biological, physiological, behavioral, and sociological sciences, including administrative, 525 | |
683 | + | educational, and research functions, and shall be subject to standards established or recognized 526 | |
684 | + | by the Board of Nursing and in accordance with regulations promulgated by the Mayor.”. 527 | |
685 | + | (26) Paragraph (17A) is amended to read as follows: 528 ENGROSSED ORIGINAL | |
1161 | 686 | ||
1162 | 687 | ||
1163 | 688 | ||
1164 | 689 | ||
1165 | 690 | 27 | |
1166 | 691 | ||
1167 | - | “(b) A temporary license, registration, or certification issued pursuant to this section shall | |
1168 | - | be valid for a fixed period of time established by the issuing board, subject to any limits as may | |
1169 | - | be established by the Mayor by rule. | |
1170 | - | “(c) For the purposes of this section, the term “in good standing” means that the applicant | |
1171 | - | has an active license and is not subject to any current public or private discipline, including | |
1172 | - | probation, suspension, revocation, or any other public or private practice restriction. | |
1173 | - | “(d) An applicant who previously held a license, registration or certification in the | |
1174 | - | District that was revoked or suspended shall be not eligible for a temporary license, registration, | |
1175 | - | or certification under this section.”. | |
1176 | - | (ii) Subsection 509(a)(2) (D.C. Official Code § 3-1205.09(a)(2)) is repealed. | |
1177 | - | (jj) Section 509a (D.C. Official Code § 3-1205.09a) is amended as follows: | |
1178 | - | (1) Subsection (a) is amended by striking the phrase “the Board” and inserting the | |
1179 | - | phrase “the Board of Medicine” in its place. | |
1180 | - | (2) Subsection (b) is amended by striking the phrase “in any single year” and | |
1181 | - | inserting “in any single calendar year” in its place. | |
1182 | - | (3) Subsection (e)(4) is amended to read as follows: | |
1183 | - | “(4) All initial applicants shall pay a license fee of a minimum of $500.”. | |
1184 | - | (4) Subsection (g)(2) is amended by striking the phrase “a fee of $1,000,” and | |
1185 | - | inserting the phrase “a minimum fee of $1,000,” in its place. | |
1186 | - | (kk) Section 510 (D.C. Official Code § 3-1205.10) is amended as follows: | |
1187 | - | (1) Subsection (a) is amended to read as follows: | |
1188 | - | “(a) The term of a license, registration, or certification shall not exceed 2 years; | |
1189 | - | except, that the Mayor may by rule provide for a period of licensure, registration, or certification | |
1190 | - | of not more than 3 years. An expiring license, registration, or certification may be renewed in | |
1191 | - | accordance with rules issued by the Mayor.”. | |
1192 | - | (2) A new subsection (a-1) is added to read as follows: | |
1193 | - | “(a-1) The Mayor may require a health professional to maintain the required | |
1194 | - | qualifications for licensure, registration, or certification during the period of licensure, | |
1195 | - | registration, or certification or for the renewal of the license, registration, or certification.”. | |
1196 | - | (3) Subsection (b)(1) is repealed. | |
1197 | - | (4) Subsection (c) is amended as follows: | |
1198 | - | (A) The lead-in language is amended by striking the phrase “by first class | |
1199 | - | mail” and inserting the phrase “by first class mail or electronic mail” in its place. | |
1200 | - | (B) Paragraph (2) is amended by striking the phrase “issued and mailed” | |
1201 | - | and inserting the word “issued” in its place. | |
1202 | - | (5) Subsection (d)(2) is amended by striking the semicolon and inserting the | |
1203 | - | phrase “ pursuant to this act or rules promulgated under this act;” in its place. | |
1204 | - | (ll) Section 511 (D.C. Official Code § 3-1205.11) is amended as follows: ENROLLED ORIGINAL | |
692 | + | “(17A) “Practice of respiratory care” means the diagnostic evaluation, 529 | |
693 | + | assessment, care and treatment, management, or rehabilitation, in collaboration with a licensed 530 | |
694 | + | physician, of patients who have deficiencies and abnormalities which affect the pulmonary 531 | |
695 | + | system and associated aspects of the cardiopulmonary or other systems.”. 532 | |
696 | + | (27) Paragraph (18)(A) is amended to read as follows: 533 | |
697 | + | “(18)(A) “Practice of social work” means the application of social work theory, 534 | |
698 | + | knowledge, methods, ethics, and the professional use of self to restore or enhance social, 535 | |
699 | + | psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, 536 | |
700 | + | organizations, and communities, which may include, depending on an individual’s level of social 537 | |
701 | + | work licensure and area of practice, the formulation of psychosocial evaluation and assessment, 538 | |
702 | + | counseling, psychotherapy, referral, advocacy, mediation, consultation, research, administration, 539 | |
703 | + | education, and community organization.”. 540 | |
704 | + | (28) Paragraph (19A) is amended by striking the phrase “under the direct 541 | |
705 | + | supervision” and inserting the phrase “under the supervision” in its place. 542 | |
706 | + | (d) Section 103(d) (D.C. Official Code § 3-1201.03(d)) is amended as follows: 543 | |
707 | + | (1) Paragraph (2) is amended by striking the semicolon and inserting a period in 544 | |
708 | + | its place. 545 | |
709 | + | (2) Paragraphs (3), (4), (5), (6), and (7) are repealed. 546 | |
710 | + | (e) A new section 105 is added to read as follows: 547 | |
711 | + | “Sec. 105. Telehealth. 548 ENGROSSED ORIGINAL | |
1205 | 712 | ||
1206 | 713 | ||
1207 | 714 | ||
1208 | 715 | ||
1209 | 716 | 28 | |
1210 | 717 | ||
1211 | - | (1) Subsection (a) is amended by striking the phrase “on inactive status.” and | |
1212 | - | inserting the phrase “on inactive status; except, that, the license, registration, or certification of a | |
1213 | - | nursing assistive personnel, medical training licensee, medical training registrant, | |
1214 | - | polysomnographic technician, polysomnographic trainee, speech-language pathology clinical | |
1215 | - | fellow, and any other health care professional as determined by the Mayor through rulemaking | |
1216 | - | shall not be eligible to be placed on inactive status.” in its place. | |
1217 | - | (2) Subsection (c) is amended to read as follows: | |
1218 | - | “(c) Each board shall, subject to the limitations specified in subsection (a) of this section, | |
1219 | - | issue a license, registration, or certification to an individual who is on inactive status and who | |
1220 | - | desires to resume the practice of a health occupation, if the individual: | |
1221 | - | “(1) Pays the fee established by the Mayor; | |
1222 | - | “(2) Seeks reactivation of the license, registration, or certification in accordance | |
1223 | - | with the rules governing the profession and complies with the continuing education and criminal | |
1224 | - | background check requirements in effect when the licensee, registrant, or person certified seeks | |
1225 | - | to reactivate their license, registration, or certification; and | |
1226 | - | “(3) Establishes to the satisfaction of the board that regulates the profession that | |
1227 | - | they possess the current competency to practice their health profession safely and effectively, | |
1228 | - | which may include compliance with a re-entry plan for individuals who have not actively | |
1229 | - | practiced their profession for a period of time as established by rule.”. | |
1230 | - | (3) A new subsection (d) is added to read as follows: | |
1231 | - | “(d) The Mayor may establish by rule a maximum amount of time that a license, | |
1232 | - | registration, or certification may remain inactive in accordance with each health care | |
1233 | - | profession’s standards.”. | |
1234 | - | (mm) A new section 511a is added to read as follows: | |
1235 | - | “Sec. 511a. Emeritus status. | |
1236 | - | “(a) The Mayor may issue rules permitting emeritus status for a licensee, registrant, or | |
1237 | - | certificate holder who meets the following requirements: | |
1238 | - | “(1) The person has at least 10 years of relevant licensed, registered, or certified | |
1239 | - | practice in the District; | |
1240 | - | “(2) The person provides a declaration of retirement from active practice in all | |
1241 | - | jurisdictions in which the person is licensed, registered, or certified; | |
1242 | - | “(3) The person is not the subject of disciplinary action in any jurisdiction; and | |
1243 | - | “(4) The person has had no prior revocation or suspension of their license, | |
1244 | - | registration, or certification in any jurisdiction. | |
1245 | - | “(b) An individual holding emeritus status permits the holder to refer to themself by the | |
1246 | - | title of their license, registration, or certification but may not: | |
1247 | - | “(1) Engage in active practice of that health profession in the District or any other | |
1248 | - | jurisdiction; or ENROLLED ORIGINAL | |
718 | + | “(a) A health professional licensed, registered, or certified in the District pursuant to this 549 | |
719 | + | act may provide a telehealth service to a District resident or person located in the District if 550 | |
720 | + | doing so is: 551 | |
721 | + | “(1) Consistent with the applicable standard of care in the District and the health 552 | |
722 | + | professional’s scope of authorized practice in the District; and 553 | |
723 | + | “(2) Not otherwise prohibited by law or regulation. 554 | |
724 | + | “(b) A practitioner-patient or practitioner-client relationship may be established through 555 | |
725 | + | telehealth in accordance with the appropriate standard of care and the practitioner’s competence 556 | |
726 | + | and scope of practice; provided, that the Mayor may through rulemaking issue additional 557 | |
727 | + | requirements for specific health professionals to establish a practitioner-client relationship, 558 | |
728 | + | including an initial in-person physical examination. 559 | |
729 | + | “(c)(1) A health professional who provides a telehealth service shall do so in a manner 560 | |
730 | + | consistent with the standard of care applicable to a health professional who provides a 561 | |
731 | + | comparable health care service in person in the District. 562 | |
732 | + | “(2) The professional practice standards, rules, and laws applicable to the 563 | |
733 | + | provision of healthcare services, including those related to identity verification, documentation, 564 | |
734 | + | informed consent, confidentiality, privacy, and security shall apply to the provision of telehealth 565 | |
735 | + | services. 566 | |
736 | + | “(d) A health professional providing telehealth services who is authorized to prescribe 567 | |
737 | + | medications shall comply with the Prescription Drug Monitoring Program Act of 2013, effective 568 ENGROSSED ORIGINAL | |
1249 | 738 | ||
1250 | 739 | ||
1251 | 740 | ||
1252 | 741 | ||
1253 | 742 | 29 | |
1254 | 743 | ||
1255 | - | “(2) Either explicitly or implicitly hold themself out to others as a person permitted | |
1256 | - | to engage in active practice of that health profession. | |
1257 | - | “(c) The board may cancel an emeritus license, registration, or certificate for failure to | |
1258 | - | meet the requirements of subsections (a) or (b) of this section. | |
1259 | - | “(d) The board may take disciplinary action against an emeritus status holder for | |
1260 | - | violations of sections 501 or 514. | |
1261 | - | “(e) An emeritus status holder may apply to change to active license, registration, or | |
1262 | - | certification status within 5 years after the date emeritus status was granted by: | |
1263 | - | “(1) Paying the fee established by the Mayor; | |
1264 | - | “(2) Complying with the continuing education requirements in effect when the | |
1265 | - | emeritus holder seeks to return to active license, registration, or certification status; | |
1266 | - | “(3) Complying with any other current requirements for the reactivation of a | |
1267 | - | license, registration, or certification; and | |
1268 | - | “(4) Establishing to the board’s satisfaction that they possess the current | |
1269 | - | competency to practice their health profession. | |
1270 | - | “(f) An emeritus status holder may not return to active license, registration, or | |
1271 | - | certification status more than 5 years after the grant of the emeritus status except by submitting | |
1272 | - | an application for a new license, registration, or certification and establishing to the satisfaction | |
1273 | - | of the board that they qualify for the license, registration, or certification and possess current | |
1274 | - | competency to practice that profession.”. | |
1275 | - | (nn) Section 512 (D.C. Official Code § 3-1205.12) is amended as follows: | |
1276 | - | (1) Subsection (a) is amended as follows: | |
1277 | - | (A) The lead-in language is amended to read as follows: | |
1278 | - | “(a) Except as otherwise provided in subsections (b), (c), and (d) of this section, if a | |
1279 | - | health professional fails for any reason to renew the license, registration, or certification issued | |
1280 | - | under this title prior to the expiration date or during the period of late renewal, the board | |
1281 | - | regulating the health occupation shall reinstate the license, registration, or certification, if the | |
1282 | - | health professional:”. | |
1283 | - | (B) Paragraph (2) is amended to read as follows: | |
1284 | - | “(2) Complies with the current requirements for reinstatement of a license, | |
1285 | - | registration, or certification as specified by this act and rules;”. | |
1286 | - | (2) Subsection (b) is amended to read as follows: | |
1287 | - | “(b) The board shall not reinstate the license, registration, or certification of a health | |
1288 | - | professional who fails to apply for reinstatement of a license, registration, or certification within | |
1289 | - | 5 years after the license, registration, or certification expires. The health professional may | |
1290 | - | become licensed, registered, or certified by meeting the requirements for a new application as | |
1291 | - | specified by rule.”. | |
1292 | - | (3) New subsections (c) and (d) are added to read as follows: ENROLLED ORIGINAL | |
744 | + | February 22, 2014 (D.C. Law 20-66; D.C. Code § 48-853.01 et seq.), and all District or federal 569 | |
745 | + | laws and rules related to prescription and controlled substances. 570 | |
746 | + | “(e) Except as otherwise provided in subsection (f) of this section, a practitioner who 571 | |
747 | + | does not hold a license, registration, or certification to practice in the District pursuant to this act 572 | |
748 | + | may not provide a telehealth service to a client or patient physically located in the District unless 573 | |
749 | + | the practitioner and the client or patient have an existing practitioner-client or practitioner-patient 574 | |
750 | + | relationship and: 575 | |
751 | + | “(1)The client or patient is temporarily present in the District; or 576 | |
752 | + | “(2) The client or patient is a District resident and the telehealth services provided 577 | |
753 | + | do not exceed 120 days or a longer period of time as determined by the Mayor through 578 | |
754 | + | rulemaking. 579 | |
755 | + | “(f) Nothing in this section shall be construed to conflict with interstate reciprocity 580 | |
756 | + | agreements or occupational licensure interstate compacts entered into by the District.”. 581 | |
757 | + | (f) Section 203 (D.C. Official Code § 3-1202.03) is amended as follows: 582 | |
758 | + | (1) The section heading is amended to read as follows: 583 | |
759 | + | “Sec. 203. Board of Medicine; Advisory Committees on Anesthesiologist Assistants, 584 | |
760 | + | Polysomnography, Surgical Assistants, Trauma Technologists, Athletic Trainers, Maternal Care 585 | |
761 | + | Professionals, and Medical Radiation Technologists.”. 586 | |
762 | + | (2) Subsection (a) is amended as follows: 587 | |
763 | + | (A) Paragraph (2) is amended to read as follows: 588 ENGROSSED ORIGINAL | |
1293 | 764 | ||
1294 | 765 | ||
1295 | 766 | ||
1296 | 767 | ||
1297 | 768 | 30 | |
1298 | 769 | ||
1299 | - | “(c) Any individual who has not been in the active practice of their health profession for | |
1300 | - | more than 2 years preceding the date of the reinstatement application may be required, pursuant | |
1301 | - | to rule, to submit proof satisfactory to the board of their competency to practice, which may | |
1302 | - | include training, testing, or practice monitoring as determined by the board. | |
1303 | - | “(d) A registration or certification of a nursing assistive personnel that has expired and is | |
1304 | - | not renewed may not be reinstated except as may be provided in rules issued by the Mayor.”. | |
1305 | - | (oo) Section 513(a)(4) (D.C. Official Code § 3-1205.13(a)(4)) is amended as follows: | |
1306 | - | (1) Subparagraph (A) is amended to read as follows: | |
1307 | - | “(A) Change of email address, address of the place of residence, or | |
1308 | - | address of the place of business or employment within 30 days after the relevant change;”. | |
1309 | - | (2) Subparagraph (C) is amended to read as follows: | |
1310 | - | “(C) Adverse event meeting the requirements of section 9 of the Health- | |
1311 | - | Care and Community Residence Facility Hospice and Home Care Licensure Act of 1983, | |
1312 | - | effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-508), within the time | |
1313 | - | specified by that section.”. | |
1314 | - | (pp) Section 514 (D.C. Official Code § 3-1205.14) is amended as follows: | |
1315 | - | (1) Subsection (a) is amended as follows: | |
1316 | - | (A) The lead-in language is amended by striking the phrase “, an applicant | |
1317 | - | to establish or operate a school of nursing or nursing program,” and inserting a comma in its | |
1318 | - | place. | |
1319 | - | (B) Paragraph (3) is amended to read as follows: | |
1320 | - | “(3) Is disciplined by a licensing, disciplinary, or regulatory authority, | |
1321 | - | professional interstate compact, or peer review body, has entered into a Corporate Integrity | |
1322 | - | Agreement or other agreement with the federal government in lieu of legal sanction, or is | |
1323 | - | convicted or disciplined by a court of any jurisdiction for conduct that would be grounds for | |
1324 | - | disciplinary action under this section; for the purposes of this paragraph, the term “convicted” | |
1325 | - | means the entry of a finding of guilt by a judge or jury, or the acceptance or entry of a guilty | |
1326 | - | plea, a judgment, or any admission of guilt, including a plea of nolo contendere, an Alford plea, | |
1327 | - | deferred sentence, or deferred judgment;”. | |
1328 | - | (C) Paragraphs (19) and (20) are amended to read as follows: | |
1329 | - | “(19) Prescribes, dispenses, takes, acquires, appropriates for one’s own or | |
1330 | - | another’s use, or administers drugs when not authorized to do so; | |
1331 | - | “(20) Fails to exercise appropriate supervision over persons who are authorized to | |
1332 | - | practice only under the supervision of the licensee, registrant, or certificate holder;”. | |
1333 | - | (D) Paragraph (25) is amended by striking the phrase “, or fails to conduct | |
1334 | - | business with honesty and fair dealing with employees or students in his or her school of nursing | |
1335 | - | or nursing program, the District of Columbia, a state, the federal government, or the public;” and | |
1336 | - | inserting a semicolon in its place. | |
1337 | - | (E) A new paragraph (26A) is added to read as follows: ENROLLED ORIGINAL | |
770 | + | “(2) The Board shall regulate the practice of medicine, the practice by 589 | |
771 | + | anesthesiologists assistants with the advice of the Advisory Committee on Anesthesiologist 590 | |
772 | + | Assistants, the practice of medical radiation technology with the advice of the Advisory 591 | |
773 | + | Committee on Medical Radiation Technologists, the practice by physician assistants, the practice 592 | |
774 | + | by surgical assistants with the advice of the Advisory Committee on Surgical Assistants, the 593 | |
775 | + | practice by physicians-in-training, the practice by trauma technologists with the advice of the 594 | |
776 | + | Advisory Committee on Trauma Technologists, the practice of athletic training with the advice 595 | |
777 | + | of the Advisory Committee on Athletic Trainers, and the practices of certified professional 596 | |
778 | + | midwifery and doulas with the advice of the Advisory Committee on Maternal Care 597 | |
779 | + | Professionals.”. 598 | |
780 | + | (B) A new paragraph (2A) is added to read as follows: 599 | |
781 | + | “(2A) The Board shall also regulate the practice of acupuncture and the practice 600 | |
782 | + | of naturopathic medicine until the Board of Integrative Healthcare commences operations 601 | |
783 | + | pursuant to Section 224(f).”. 602 | |
784 | + | (C) Paragraph (3) is amended as follows: 603 | |
785 | + | (i) The existing language is designated as subparagraph (A). 604 | |
786 | + | (ii) Subparagraph (A) is amended by striking the period and 605 | |
787 | + | inserting the phrase “; except, that from the effective date of the Health Occupations Revision 606 | |
788 | + | General Amendment Act of 2024, as approved by the Committee on Health on March 21, 2024 607 | |
789 | + | (Committee Print of Bill 25-545) (“2024 Act”), of the members of the Board, 9 shall be 608 ENGROSSED ORIGINAL | |
1338 | 790 | ||
1339 | 791 | ||
1340 | 792 | ||
1341 | 793 | ||
1342 | 794 | 31 | |
1343 | 795 | ||
1344 | - | “(26A) Performs treatments or services without informed consent by the patient, | |
1345 | - | client, or their legal representative, except as provided under section 1 of An Act to relieve | |
1346 | - | physicians of liability negligent medical treatment at the scene of an accident in the District of | |
1347 | - | Columbia, approved November 8, 1965 (79 Stat. 1302; D.C. Official Code § 7-401);”. | |
1348 | - | (F) Paragraph (27) is amended by striking the phrase “negotiated | |
1349 | - | settlement” and inserting the phrase “negotiated settlement agreement” in its place. | |
1350 | - | (G) Paragraph (30) is amended by striking the semicolon and inserting the | |
1351 | - | phrase “, or without the withdrawing health professional providing a referral or list of alternative | |
1352 | - | providers;” in its place. | |
1353 | - | (H) A new paragraph (30A) is added to read as follows: | |
1354 | - | “(30A) Neglects or verbally or physically abuses a patient or client; for the | |
1355 | - | purposes of this paragraph, the term “verbal abuse” includes yelling, screaming, shouting, | |
1356 | - | threats, intimidation, insults, or name calling by the health professional or by their staff;”. | |
1357 | - | (I) Paragraph (32) is amended by striking the phrase “HIV positive;” and | |
1358 | - | inserting the phrase “HIV positive or is regarded as HIV positive;” in its place. | |
1359 | - | (J) Paragraph (51) is amended by striking the phrase “; or” and inserting a | |
1360 | - | semicolon in its place. | |
1361 | - | (K) Paragraph (52) is amended by striking the period at the end and | |
1362 | - | inserting a semicolon in its place. | |
1363 | - | (L) New paragraphs (53), (54), and (55) are added to read as follows: | |
1364 | - | “(53) Engages in conduct in their practice that is unprofessional or creates a | |
1365 | - | deleterious impact on the public’s impression of the profession, or that denies a patient or client | |
1366 | - | an atmosphere of safety and health while undergoing treatment; | |
1367 | - | “(54) Allows staff or persons under their supervision or employment to engage in | |
1368 | - | conduct that is unprofessional in their interaction with patients or clients; or | |
1369 | - | “(55) Fails to maintain the minimum requirements for licensure, registration, or | |
1370 | - | certification during the period of licensure, registration or certification.”. | |
1371 | - | (2) Subsection (c) is amended as follows: | |
1372 | - | (A) Paragraph (1) is amended by striking the phrase “or an application to | |
1373 | - | establish a school of nursing or nursing program;” and inserting a semicolon in its place. | |
1374 | - | (B) Paragraph (4) is amended by striking the semicolon and inserting the | |
1375 | - | phrase “; provided, that the reprimand may subsequently be removed from the individual’s | |
1376 | - | record upon approval by the board as authorized by rule;” in its place. | |
1377 | - | (C) Paragraph (7) is amended by striking the phrase “; or” and inserting a | |
1378 | - | semicolon in its place. | |
1379 | - | (D) Paragraph (8) is amended by striking the period at the end and | |
1380 | - | inserting the phrase “; or” in its place. | |
1381 | - | (E) A new paragraph (9) is added to read as follows: | |
1382 | - | “(9) Limit or restrict the practice of the person.”. ENROLLED ORIGINAL | |
796 | + | physicians licensed to practice in the District, 2 shall be physician assistants licensed to practice 609 | |
797 | + | in the District, 3 shall be consumer members, and one shall be the Director of the Department of 610 | |
798 | + | Health or his or her designee.” in its place. 611 | |
799 | + | (iii) A new subparagraph (B) is added to read as follows: 612 | |
800 | + | “(B) The Chair of the Board as of the effective date of the 2024 Act shall 613 | |
801 | + | be a physician member.”. 614 | |
802 | + | (D) Paragraph (8) is amended as follows: 615 | |
803 | + | (i) Subparagraph (A) is repealed. 616 | |
804 | + | (ii) Subparagraph (B-ii) is repealed. 617 | |
805 | + | (iii) Subparagraph (C) is amended by striking the phrase “ in 618 | |
806 | + | accordance with guidelines approved by the Advisory Committee on Physician Assistants;” and 619 | |
807 | + | inserting a semicolon in its place. 620 | |
808 | + | (iv) Subparagraph (H) is amended by striking the phrase “; and” 621 | |
809 | + | and inserting a semicolon in its place. 622 | |
810 | + | (v) Subparagraph (I) is amended by striking the period at the end 623 | |
811 | + | and inserting the phrase “; and” in its place. 624 | |
812 | + | (vi) A new subparagraph (J) is added to read as follows: 625 | |
813 | + | “(J) The practice of medical radiation technology in accordance with 626 | |
814 | + | guidelines approved by the Advisory Committee on Medical Radiation Technologists.”. 627 | |
815 | + | (E) Subsection (a-2) is repealed. 628 ENGROSSED ORIGINAL | |
1383 | 816 | ||
1384 | 817 | ||
1385 | 818 | ||
1386 | 819 | ||
1387 | 820 | 32 | |
1388 | 821 | ||
1389 | - | (qq) New sections 514a and 514b are added to read as follows: | |
1390 | - | “Sec. 514a. Negotiated settlement agreement. | |
1391 | - | “(a) A board may, in its discretion, enter into a non-disciplinary settlement agreement | |
1392 | - | with a person in lieu of disciplinary action; provided, that the conduct underlying the agreement | |
1393 | - | meets the following requirements: | |
1394 | - | “(1) The board is satisfied that there is little or no harm or substantive possibility | |
1395 | - | of future harm to a client, patient, or the public; | |
1396 | - | “(2) The board determines that the conduct involves issues of minor concern; and | |
1397 | - | “(3) The matter does not involve gross negligence, intentional misconduct, or | |
1398 | - | criminal conduct by the party or entity. | |
1399 | - | “(b) A non-disciplinary settlement agreement shall not constitute a disciplinary action, | |
1400 | - | but the conduct underlying the agreement may be considered in the board’s review of future | |
1401 | - | conduct of a similar nature.”. | |
1402 | - | “Sec. 514b. Disciplinary or adverse action against nursing education or nursing assistive | |
1403 | - | personnel training programs. | |
1404 | - | “The Board of Nursing, subject to the right to a hearing provided by section 519, may | |
1405 | - | deny or withdraw approval of a nursing education program or a nursing assistive personnel | |
1406 | - | training program, if: | |
1407 | - | “(1) The program fails to meet the standards established by the Mayor through | |
1408 | - | rulemaking; | |
1409 | - | “(2) The program, or an individual responsible for the program, fails to conduct | |
1410 | - | its business with honesty and fair dealing toward its employees, its students, the government, or | |
1411 | - | the public; | |
1412 | - | “(3) The program, or an individual responsible for the program, has engaged or | |
1413 | - | attempted to engage in falsification of documents or records; | |
1414 | - | “(4) The program, or an individual responsible for the program, fraudulently or | |
1415 | - | deceptively obtains or attempts to obtain approval of a program; or | |
1416 | - | “(5) The program, or an individual responsible for the program, has violated any | |
1417 | - | applicable District law or regulation.”. | |
1418 | - | (rr) Section 517(b) (D.C. Official Code § 3-1205.17(b)) is amended by striking the phrase | |
1419 | - | “revoking or suspending the license,” and inserting the phrase “revoking, suspending, or | |
1420 | - | accepting the surrender of the license,” in its place. | |
1421 | - | (ss) Section 519 (D.C. Official Code § 3-1205.19) is amended as follows: | |
1422 | - | (1) A new subsection (a-2) is added to read as follows: | |
1423 | - | “(a-2) Before the Board of Nursing takes an action pursuant to section 514b, it | |
1424 | - | shall give the program or operator of the program an opportunity for a hearing before the Board | |
1425 | - | in accordance with this section.”. ENROLLED ORIGINAL | |
822 | + | (g) Section 204 (D.C. Official Code § 3-1202.04) is amended as follows: 629 | |
823 | + | (1) Subsection (a) is amended by striking the period and inserting the phrase “; 630 | |
824 | + | except that, from the effective date of the Health Occupations Revision General Amendment Act 631 | |
825 | + | of 2024, as approved by the Committee on Health on March 21, 2024 (Committee Print of Bill 632 | |
826 | + | 25-545) (“2024 Act”), the Board shall consist of 13 members.” in its place. 633 | |
827 | + | (2) Subsection (b) is amended as follows: 634 | |
828 | + | (A) Paragraph (1) is amended to read as follows: 635 | |
829 | + | “(b)(1) The Board shall regulate the practice of advanced practice registered nursing, 636 | |
830 | + | practice of registered nursing, practice of practical nursing, practice by nursing assistive 637 | |
831 | + | personnel, practice of nursing home administration, practice of assisted living administration, 638 | |
832 | + | and practice of home health care administration.”. 639 | |
833 | + | (B) Paragraph (2) is amended as follows: 640 | |
834 | + | (i) Strike the phrase “required for the approval of nursing schools 641 | |
835 | + | and nursing programs” and insert the phrase “required for the approval of nursing education 642 | |
836 | + | programs” in its place. 643 | |
837 | + | (ii) Strike the phrase “may also recommend” and insert the phrase 644 | |
838 | + | “shall also recommend” in its place. 645 | |
839 | + | (iii) Strike the phrase “withdrawing approval of nursing schools 646 | |
840 | + | and nursing programs.” and insert the phrase “withdrawing approval of nursing education 647 | |
841 | + | programs and training programs for nursing assistive personnel.” in its place. 648 ENGROSSED ORIGINAL | |
1426 | 842 | ||
1427 | 843 | ||
1428 | 844 | ||
1429 | 845 | ||
1430 | 846 | 33 | |
1431 | 847 | ||
1432 | - | (2) Subsection (b) is amended by striking the phrase “or person certified” and | |
1433 | - | inserting the phrase “person certified, or person or entity operating a nursing education or | |
1434 | - | nursing assistive personnel training program” in its place. | |
1435 | - | (tt) Section 522(a) (D.C. Official Code § 3-1205.22(a)) is amended to read as follows: | |
1436 | - | “(a) No initial, reactivated, or reinstated license, registration, or certification shall be | |
1437 | - | issued to a health professional before a criminal background check has been conducted for that | |
1438 | - | person. The applicant for a license, registration, or certification shall pay the fee established by | |
1439 | - | the Mayor for the criminal background check. The Mayor may require, by rule, that a criminal | |
1440 | - | background check be conducted for the renewal of a license, registration, or certification, and a | |
1441 | - | fee for such criminal background check.”. | |
1442 | - | (uu) A new section 525 is added to read as follows: | |
1443 | - | “Sec. 525. Disciplinary records. | |
1444 | - | “(a) Consent Orders, Final Orders, and Notices of Summary Suspensions issued pursuant | |
1445 | - | to this act shall be considered public documents and posted on the Department of Health’s | |
1446 | - | website; provided that these documents may be redacted for purposes of protecting private or | |
1447 | - | otherwise confidential information and may only be disclosed in unredacted form in accordance | |
1448 | - | with a District or federal law or regulation. | |
1449 | - | “(b) Medical records, Orders for Fitness to Practice Evaluations, or other types of | |
1450 | - | physical and mental evaluations, and the resulting reports, shall not be disclosed and shall be | |
1451 | - | exempt from disclosure under the Freedom of Information Act of 1976, effective March 31, 1977 | |
1452 | - | (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.). | |
1453 | - | “(c) Notwithstanding any other provision of law, the Director of the Department of | |
1454 | - | Health may provide information regarding a past or pending investigation of, or disciplinary | |
1455 | - | action against, any licensee, registrant, or certificate holder, or applicant for licensure, | |
1456 | - | registration, or certification by that board to any District licensing authority or a licensing | |
1457 | - | authority of any jurisdiction, upon request; except, that this authorization shall not apply to | |
1458 | - | information that is deemed confidential under subsection (b) of this section. Nothing in this act | |
1459 | - | shall limit the authority of the Director to disclose to any person or entity information concerning | |
1460 | - | the existence of any investigation for unlicensed practice being conducted against any person | |
1461 | - | who is neither licensed, registered, or certified, nor an applicant for licensure, registration, or | |
1462 | - | certification.”. | |
1463 | - | (vv) Section 601(a) (D.C. Official Code § 3-1206.01(a)) is amended by striking the | |
1464 | - | phrase “by this title,” and inserting the phrase “by this title and any rules promulgated pursuant | |
1465 | - | to this title,” in its place. | |
1466 | - | (ww) Section 603 (D.C. Official Code § 3-1206.03) is repealed. | |
1467 | - | (xx) Subsection 604(4) (D.C. Official Code § 3-1206.04(4)) is amended by striking the | |
1468 | - | word “board” and inserting the word “Mayor” in its place. | |
1469 | - | (yy) A new section 605a is added to read as follows: | |
1470 | - | “Sec. 605a. Certified registered nurse anesthetist. ENROLLED ORIGINAL | |
848 | + | (3) Subsection (c) is amended by striking the period and inserting the phrase “except, that 649 | |
849 | + | from the effective date of the 2024 Act, of the members of the Board, 4 shall be registered nurses 650 | |
850 | + | licensed in the District, 2 shall be practical nurses licensed in the District, one shall be a nursing 651 | |
851 | + | home administrator, assisted living administrator, or home health care administrator licensed in 652 | |
852 | + | the District, one shall be a nursing assistive personnel registered or certified in the District, 3 653 | |
853 | + | shall be registered nurses, advanced practice registered nurses, practical nurses, or nursing 654 | |
854 | + | assistive personnel licensed, registered, or certified in the District, and 2 shall be consumer 655 | |
855 | + | members.” in its place. 656 | |
856 | + | (h) Section 205 (D.C. Official Code § 3-1202.05) is repealed. 657 | |
857 | + | (i) Section 206 (D.C. Official Code § 3-1202.06) is amended by adding a new subsection 658 | |
858 | + | (f) to read as follows: 659 | |
859 | + | “(f) The Board shall be dissolved on the day the Board of Rehabilitative Therapies 660 | |
860 | + | commences operation pursuant to section 223(e).”. 661 | |
861 | + | (j) Section 207 (D.C. Official Code § 3-1202.07) is amended as follows: 662 | |
862 | + | (1) Subsection (f) is amended to read as follows: 663 | |
863 | + | “(f) Upon application, the Board shall grant certification to administer diagnostic 664 | |
864 | + | pharmaceutical agents and prescribe therapeutic pharmaceutical agents to applicants who have 665 | |
865 | + | satisfied the requirements of the Board in accordance with the rules promulgated by the Mayor.”. 666 | |
866 | + | (2) Subsection (g) is repealed. 667 | |
867 | + | (k) Section 208 (D.C. Official Code § 3-1202.08) is amended as follows: 668 ENGROSSED ORIGINAL | |
1471 | 868 | ||
1472 | 869 | ||
1473 | 870 | ||
1474 | 871 | ||
1475 | 872 | 34 | |
1476 | 873 | ||
1477 | - | “In addition to the functions authorized in section 604, a certified registered nurse | |
1478 | - | anesthetist may plan and deliver anesthesia, pain management, and related care to patients or | |
1479 | - | clients of all health complexities across the lifespan. This practice incorporates the use of | |
1480 | - | independent judgement as well as collaborative interaction with other health care professionals.”. | |
1481 | - | (zz) A new section 606a is added to read as follows: | |
1482 | - | “Sec. 606a. Certified nurse-midwife. | |
1483 | - | “In addition to the functions authorized section 604, a certified nurse-midwife may | |
1484 | - | provide primary care, gynecologic and family planning services, preconception care, care during | |
1485 | - | pregnancy, childbirth, and the post-partum period, care of the healthy newborn during the first 28 | |
1486 | - | days of the newborn’s life, and treatment of partners for sexually transmitted infections.”. | |
1487 | - | (aaa) New sections 607a and 607b are added to read as follows: | |
1488 | - | “Sec. 607a. Certified nurse practitioner. | |
1489 | - | “In addition to the functions authorized under section 604, a certified nurse practitioner | |
1490 | - | may provide a full range of primary, acute, and specialty healthcare services, including: | |
1491 | - | “(1) Ordering, performing and interpreting diagnostic tests such as lab work and | |
1492 | - | x-rays; | |
1493 | - | “(2) Diagnosing and treating acute and chronic conditions such as diabetes, high | |
1494 | - | blood pressure, infections, and injuries; | |
1495 | - | “(3) Prescribing medications and other treatments; | |
1496 | - | “(4) Managing patients’ or clients’ overall care; | |
1497 | - | “(5) Counseling; | |
1498 | - | “(6) Educating patients on disease prevention and positive health and lifestyle | |
1499 | - | choices; and | |
1500 | - | “(7) Any other functions and roles as may be prescribed by rules. | |
1501 | - | “Sec. 607b. Certified clinical nurse specialist. | |
1502 | - | “(a) In addition to the functions authorized under section 604, a certified clinical nurse | |
1503 | - | specialist may provide the services described in subsection (b) of this section related to specific | |
1504 | - | specialties, including: | |
1505 | - | “(1) Populations, such as pediatrics, geriatrics, or women’s health; | |
1506 | - | “(2) Settings, such as critical care or the emergency room; | |
1507 | - | “(3) Diseases or medical subspecialties, such as diabetes or oncology; | |
1508 | - | “(4) Types of care, such as psychiatric or rehabilitation; and | |
1509 | - | “(5) Types of problem, such as pain, wounds, and stress. | |
1510 | - | “(b) A clinical nurse specialist may provide diagnosis, treatment, and ongoing | |
1511 | - | management of patients or clients, through: | |
1512 | - | “(1) Providing for the continuous improvement of patient or client outcomes and | |
1513 | - | nursing care; ENROLLED ORIGINAL | |
874 | + | (1) The section heading is amended by striking the phrase “and Advisory 669 | |
875 | + | Committee on Clinical Laboratory Practitioners.” and inserting a period in its place. 670 | |
876 | + | (2) Subsection (b) is amended as follows: 671 | |
877 | + | (A) Paragraph (1) is amended to read as follows: 672 | |
878 | + | “(1) The Board shall regulate the practice of pharmacy, the practice of 673 | |
879 | + | pharmaceutical detailing, and the practice of pharmacy technicians.”. 674 | |
880 | + | (B) Paragraph (1A) is repealed. 675 | |
881 | + | (3) Subsection (c) is amended by striking the period and inserting the phrase “; 676 | |
882 | + | except, that from the effective date of the Health Occupations Revision General Amendment Act 677 | |
883 | + | of 2024, as approved by the Committee on Health on March 21, 2024 (Committee Print of Bill 678 | |
884 | + | 25-545), of the members of the Board, 5 shall be pharmacists licensed in the District, one shall 679 | |
885 | + | be a pharmacy technician registered in the District, and 1 shall be a consumer member.” in its 680 | |
886 | + | place. 681 | |
887 | + | (4) Subsection (f) is amended by striking the phrase “and only pursuant to a 682 | |
888 | + | written protocol and valid prescription or standing order of a physician.” and inserting a period in 683 | |
889 | + | its place. 684 | |
890 | + | (5) Subsection (g) is repealed. 685 | |
891 | + | (6) Subsections (i) through (m) are repealed. 686 | |
892 | + | (l) Section 209 (D.C. Official Code § 3-1202.09)) is amended by adding a new subsection 687 | |
893 | + | (f) to read as follows: 688 ENGROSSED ORIGINAL | |
1514 | 894 | ||
1515 | 895 | ||
1516 | 896 | ||
1517 | 897 | ||
1518 | 898 | 35 | |
1519 | 899 | ||
1520 | - | “(2) Practicing within the core competencies and behaviors specified by the | |
1521 | - | National Association of Clinical Nurse Specialists or other national certifying body recognized | |
1522 | - | by the Board; | |
1523 | - | “(3) Creating therapeutic environments through mentoring and system changes; | |
1524 | - | “(4) Practicing with individual clients, families, groups, and populations of | |
1525 | - | clients; and | |
1526 | - | “(5) Any other functions and roles prescribed by rules.”. | |
1527 | - | (bbb) A new section 608a is added to read as follows: | |
1528 | - | “Sec. 608a. Qualifications, certification. | |
1529 | - | “(a) In addition to the general qualifications for licensure set forth in Title V, and any | |
1530 | - | requirements the Mayor may establish by rule, a certified registered nurse anesthetist shall: | |
1531 | - | “(1) Be a registered nurse holding a current, valid license pursuant to this act and | |
1532 | - | be in good standing with no action pending or in effect against their license; | |
1533 | - | “(2) Possess at least a master’s degree from a program accredited by the Council | |
1534 | - | on Accreditation of Nurse Anesthesia Educational Programs; and | |
1535 | - | “(3) Successfully complete the National Certification Examination administered | |
1536 | - | by the National Board of Certification and Recertification for Nurse-Anesthetists (“NBCRNA”) | |
1537 | - | and hold current NBCRNA certification. | |
1538 | - | “(b) In addition to the general qualifications for licensure set forth in Title V, and any | |
1539 | - | requirements the Mayor may establish by rule, a certified nurse-midwife shall: | |
1540 | - | “(1) Be a registered nurse holding a current, valid license pursuant to this act and | |
1541 | - | be in good standing with no action pending or in effect against their license; | |
1542 | - | “(2) Possess at least a master’s degree from a program accredited by the | |
1543 | - | Accreditation Commission for Midwifery Education; and | |
1544 | - | “(3) Successfully complete the certification examination administered by the | |
1545 | - | American Midwifery Certification Board (“AMBC”) and hold current AMBC certification as a | |
1546 | - | certified nurse-midwife. | |
1547 | - | “(c) In addition to the general qualifications for licensure set forth in Title V, and any | |
1548 | - | requirements the Mayor may establish by rule, a certified nurse practitioner shall: | |
1549 | - | “(1) Be a registered nurse holding a current, valid license pursuant to this act and | |
1550 | - | be in good standing with no action pending or in effect against his or her license; | |
1551 | - | “(2) Possess at least a Master of Science in Nursing from a program accredited by | |
1552 | - | a national nursing organization recognized by the Board of Nursing; and | |
1553 | - | “(3) Successfully complete a national certification examination administered by a | |
1554 | - | national nurse practitioner certifying organization recognized by the Board of Nursing and hold a | |
1555 | - | current certification in the relevant population focus. | |
1556 | - | “(d) In addition to the general qualifications for licensure set forth in Title V, and any | |
1557 | - | requirements the Mayor may establish by rule, a clinical nurse specialist shall: ENROLLED ORIGINAL | |
900 | + | “(f) The Board shall be dissolved on the day the Board of Rehabilitative Therapies 689 | |
901 | + | commences operation pursuant to section 223(e).”. 690 | |
902 | + | (m) Section 211 (D.C. Official Code § 3-1202.11) is amended as follows: 691 | |
903 | + | (1) Subsection (a) is amended by striking the period and inserting the phrase “; 692 | |
904 | + | except that, from the effective date of the Health Occupations Revision General Amendment Act 693 | |
905 | + | of 2024, as approved by the Committee on Health on March 21, 2024 (Committee Print of Bill 694 | |
906 | + | 25-545) (“2024 Act”), the Board shall consist of 6 members.” in its place. 695 | |
907 | + | (2) Subsection (b) is amended to read as follows: 696 | |
908 | + | “(b) The Board shall regulate the practice of psychology, the practice by psychology 697 | |
909 | + | associates, and the practice of behavior analysis.”. 698 | |
910 | + | (3) Subsection (c) is amended by striking the period and inserting the phrase “; 699 | |
911 | + | except, that from the effective date of the 2024 Act, of the members of the Board, 4 shall be 700 | |
912 | + | psychologists licensed in the District, one shall be a behavior analyst licensed in the District, and 701 | |
913 | + | one shall be a consumer member.” in its place. 702 | |
914 | + | (4) A new subsection (f) is added to read as follows: 703 | |
915 | + | “(f)(1) Within one year of the effective date of the 2024 Act, the Mayor shall issue rules 704 | |
916 | + | for the licensure and scope of practice of behavior analysis, which shall include at a minimum: 705 | |
917 | + | “(A) A code of ethics for the practice of behavior analysis; 706 | |
918 | + | “(B) Criteria for the educational and clinical training of licensed behavior 707 | |
919 | + | analysts; 708 ENGROSSED ORIGINAL | |
1558 | 920 | ||
1559 | 921 | ||
1560 | 922 | ||
1561 | 923 | ||
1562 | 924 | 36 | |
1563 | 925 | ||
1564 | - | “(1) Be a registered nurse holding a current, valid license pursuant to this act and | |
1565 | - | be in good standing with no action pending or in effect against his or her license; | |
1566 | - | “(2) Possess at least a Master of Science in Nursing from a program accredited by | |
1567 | - | a national nursing organization recognized by the Board of Nursing; and | |
1568 | - | “(3) Successfully complete a national certification examination administered by a | |
1569 | - | national nurse practitioner certifying organization recognized by the Board of Nursing and hold | |
1570 | - | current certification in the relevant population focus.”. | |
1571 | - | (ccc) Section 621 (D.C. Official Code § 3-1206.21) is amended as follows: | |
1572 | - | (1) Subsection (a) is amended as follows: | |
1573 | - | (A) Paragraph (2) is amended by striking the phrase “physiological | |
1574 | - | function tests.” and inserting the phrase “physiological function tests; and” in its place. | |
1575 | - | (B) A new paragraph (3) is added to read as follows: | |
1576 | - | “(3) Prescribe from a formulary listing of natural remedies to be used in the | |
1577 | - | practice of naturopathic medicine that has been approved by the Board of Integrative Healthcare | |
1578 | - | and the Board of Medicine.”. | |
1579 | - | (2) Subsection (b)(4) is amended as follows: | |
1580 | - | (A) Subparagraph (A) is amended by striking the phrase “Advisory | |
1581 | - | Committee on Naturopathic Medicine, Board of Medicine,” and inserting the phrase “Board of | |
1582 | - | Integrative Healthcare” in its place. | |
1583 | - | (B) Subparagraph (B) is amended by striking the phrase “Advisory | |
1584 | - | Committee on Naturopathic Medicine;” and inserting the phrase “Board of Integrative | |
1585 | - | Healthcare;” in its place. | |
1586 | - | (ddd) Section 701 (D.C. Official Code § 3-1207.01) is amended as follows: | |
1587 | - | (1) Subsection (a) is amended as follows: | |
1588 | - | (A) The lead-in language is amended by striking the phrase “a dietitian | |
1589 | - | shall:” and inserting the phrase “a person may qualify for a dietitian license under this section | |
1590 | - | by:” in its place. | |
1591 | - | (B) Paragraphs (1) and (2) are amended to read as follows: | |
1592 | - | “(1) Being credentialed in good standing by the Commission on Dietetic | |
1593 | - | Registration as a registered dietitian before the effective date of the Health Occupations Revision | |
1594 | - | General Amendment Act of 2024, passed on 2nd reading on May 7, 2024 (Enrolled version of | |
1595 | - | Bill 25-545); or | |
1596 | - | “(2) Meeting the following requirements: | |
1597 | - | “(A) Holding a master’s or higher degree from a school, college, or | |
1598 | - | university that was approved by the accrediting body recognized by the Council on | |
1599 | - | Postsecondary Accreditation or the United States Department of Education at the time the degree | |
1600 | - | was conferred with completion of a program of study accredited by the Accreditation Council for | |
1601 | - | Education in Nutrition and Dietetics; ENROLLED ORIGINAL | |
926 | + | “(C) Criteria for a professional competency examination and testing of 709 | |
927 | + | applicants for a license to practice behavior analysis; and 710 | |
928 | + | “(D) Continuing education requirements for license renewal. 711 | |
929 | + | “(2) The Board shall hold at least 2 public meetings to solicit input on the rules 712 | |
930 | + | developed pursuant to this subsection from behavior analysts and residents served by behavior 713 | |
931 | + | analysts before issuing rules.”. 714 | |
932 | + | (n) Section 212(c) (D.C. Official Code § 3-1202.12(c)) is amended by striking the period 715 | |
933 | + | and inserting the phrase “; except, that from the effective date of the Health Occupations 716 | |
934 | + | Revision General Amendment Act of 2024, as approved by the Committee on Health on March 717 | |
935 | + | 21, 2024 (Committee Print of Bill 25-545), of the members of the Board, 4 shall be social 718 | |
936 | + | workers licensed in the District; provided, that 3 of those members shall be a licensed graduate 719 | |
937 | + | social worker, licensed independent social worker, or licensed independent clinical social 720 | |
938 | + | worker, while the remaining member may be from any of the 4 licensing categories established 721 | |
939 | + | by Title VIII, and one shall be a consumer member.” in its place. 722 | |
940 | + | (o) Section 213 (D.C. Official Code § 3-1202.13) is amended as follows: 723 | |
941 | + | (1) Subsection (a) is amended by striking the period and inserting the phrase “; 724 | |
942 | + | except, that from the effective date of the Health Occupations Revision General Amendment Act 725 | |
943 | + | of 2024, as approved by the Committee on Health on March 21, 2024 (Committee Print of Bill 726 | |
944 | + | 25-545) (“2024 Act”), the Board shall consist of 7 members appointed by the Mayor with the 727 | |
945 | + | advice and consent of the Council.” in its place. 728 ENGROSSED ORIGINAL | |
1602 | 946 | ||
1603 | 947 | ||
1604 | 948 | ||
1605 | 949 | ||
1606 | 950 | 37 | |
1607 | 951 | ||
1608 | - | “(B) Successfully completing the dietitian certification examination of the | |
1609 | - | Commission on Dietetic Registration of the Academy of Nutrition and Dietetics and be | |
1610 | - | credentialed in good standing by the Commission on Dietetic Registration as a registered | |
1611 | - | dietitian; and | |
1612 | - | “(C) Successfully completing a supervised practice experience in dietetics | |
1613 | - | and nutrition accredited by the Accreditation Council for Education in Nutrition and Dietetics.”. | |
1614 | - | (2) Subsection (c) is amended as follows: | |
1615 | - | (A) The lead-in language is amended to read as follows: | |
1616 | - | “(c) A person may qualify for a nutritionist license if, in addition to the general | |
1617 | - | qualifications for licensure set forth in Title V, and any requirements the Mayor may establish by | |
1618 | - | rule, the person:”. | |
1619 | - | (B) Paragraph (1) is amended by striking the word “Hold” and inserting | |
1620 | - | the word “Holds” in its place. | |
1621 | - | (C) Paragraph (2) is amended to read as follows: | |
1622 | - | “(2) Has successfully completed the Certification Examination for Nutrition | |
1623 | - | Specialists offered by the Board for Certification of Nutrition Specialists or another examination | |
1624 | - | designated by the Mayor through rules.”. | |
1625 | - | (eee) Section 710 (D.C. Official Code § 3-1207.10) is amended to read as follows: | |
1626 | - | “Sec. 710. Qualifications for licensure. | |
1627 | - | “(a) The Board of Professional Counseling shall license as a professional counselor a | |
1628 | - | person who, in addition to meeting the requirements of Title V and any requirements the Mayor | |
1629 | - | may establish by rule, has satisfactorily passed the national examination adopted by the Board, | |
1630 | - | possesses a master’s degree in counseling or a related subject from an accredited college or | |
1631 | - | university consisting of at least 60 hours of postgraduate education, and has completed 2 years of | |
1632 | - | supervised counseling experience. | |
1633 | - | “(b) The Board of Professional Counseling shall license as a graduate professional | |
1634 | - | counselor a person who, in addition to meeting the requirements of Title V and any requirements | |
1635 | - | the Mayor may establish by rule, has satisfactorily completed the national examination adopted | |
1636 | - | by the Board and possesses a master’s degree in counseling or a related subject from an | |
1637 | - | accredited college or university, consisting of at least 48 hours of graduate education. | |
1638 | - | “(c) The Board of Professional Counseling may license, by endorsement, a professional | |
1639 | - | counselor who, in addition to meeting the requirements of Title V and any requirements the | |
1640 | - | Mayor may establish by rule, is currently licensed in another state in good standing and has: | |
1641 | - | “(1) Engaged in independent professional counseling practice providing clinical | |
1642 | - | counseling for at least 5 years pursuant to such license; or | |
1643 | - | “(2) Held an independent professional counseling license for at least 3 years and | |
1644 | - | possesses the National Certified Counseling credential issued by the National Board of Certified | |
1645 | - | Counselors.”. | |
1646 | - | (fff) Section 755 (D.C. Official Code § 3-1207.55) is amended as follows: ENROLLED ORIGINAL | |
952 | + | (2) Subsection (b) is amended by striking the phrase “and addiction counseling.” 729 | |
953 | + | and inserting the phrase “addiction counseling, dance therapy, and marriage and family therapy.” 730 | |
954 | + | in its place. 731 | |
955 | + | (3) Subsection (d) is amended to read as follows: 732 | |
956 | + | “(d) Of the members of the Board, 2 shall be professional counselors licensed in the 733 | |
957 | + | District, one shall be an educator engaged in teaching counseling, one shall be a professional art 734 | |
958 | + | therapist, one shall be a consumer member, and one shall have at least 5 years of experience in 735 | |
959 | + | the field of addiction counseling; except, that from the effective date of the 2024 Act, of the 736 | |
960 | + | members of the Board: 737 | |
961 | + | “(1) 3 shall be professional counselors licensed in the District; 738 | |
962 | + | “(2) One shall be a professional art therapist licensed in the District; 739 | |
963 | + | “(3) One shall be a marriage and family therapist licensed in the District; 740 | |
964 | + | “(4) One shall be a professional counselor, a professional art therapist, a 741 | |
965 | + | marriage and family therapist, or an addiction counselor licensed or certified in the District; and 742 | |
966 | + | “(5) One shall be a consumer member; provided, that of the members who 743 | |
967 | + | are licensed professional counselors, one shall be an educator engaged in teaching counseling 744 | |
968 | + | and one shall have at least 3 years of experience in the field of addiction counseling.”. 745 | |
969 | + | (p) Section 214 (D.C. Official Code § 3-1202.14) is amended as follows: 746 | |
970 | + | (1) Subsection (b) is amended by striking the word “therapy” and inserting the 747 | |
971 | + | word “care” in its place. 748 ENGROSSED ORIGINAL | |
1647 | 972 | ||
1648 | 973 | ||
1649 | 974 | ||
1650 | 975 | ||
1651 | 976 | 38 | |
1652 | 977 | ||
1653 | - | (1) A new subsection (a-1) is added to read as follows: | |
1654 | - | “(a-1) A registered pharmacy technician may administer immunizations and vaccinations | |
1655 | - | in accordance with the Centers for Disease Control and Prevention’s published guidelines and | |
1656 | - | recommended immunization schedules for adults aged 18 and older with valid identification, | |
1657 | - | adolescents and children aged 3 through 17 with written informed parental consent or without | |
1658 | - | consent if authorized by District law, and the administration of immunizations and vaccinations | |
1659 | - | to any individual pursuant to a valid prescription under the direct supervision of a pharmacist | |
1660 | - | licensed under this act; provided, that the registered pharmacy technician complies with all | |
1661 | - | requirements under the rules issued by the Mayor.”. | |
1662 | - | (2) Subsection (b) is amended by striking paragraph (7). | |
1663 | - | (ggg) Title VII-F is repealed. | |
1664 | - | (hhh) A new Title VII-G is added to read as follows: | |
1665 | - | “TITLE VII-G | |
1666 | - | “QUALIFICATIONS FOR LICENSURE TO PRACTICE AS A BEHAVIOR | |
1667 | - | ANALYST. | |
1668 | - | “Sec. 771. Eligibility requirements and education. | |
1669 | - | “The Board of Psychology shall license as a behavior analyst a person who, in addition to | |
1670 | - | meeting the requirements of Title V and any requirements the Mayor may establish by rule, has: | |
1671 | - | “(1) Successfully completed a criminal background check; | |
1672 | - | “(2) Obtained a current certification issued by the Behavior Analyst Certification | |
1673 | - | Board; and | |
1674 | - | “(3) Received a master’s degree or higher from a behavior analysis educational | |
1675 | - | program that is accredited by the Behavior Analyst Certification Board; provided, that the Board | |
1676 | - | shall waive this educational requirement if the applicant was certified by the Behavior Analyst | |
1677 | - | Certification Board on or before the effective date of this title.”. | |
1678 | - | (iii) A new section 804a is added to read as follows: | |
1679 | - | “Sec. 804a. Exceptions for non-clinical practice. | |
1680 | - | “(a) Nothing in this act shall be construed as preventing or restricting an individual who | |
1681 | - | has successfully completed a bachelor’s degree in social work, a master’s degree in social work, | |
1682 | - | or a doctorate degree in social work through a program accredited by the Council on Social | |
1683 | - | Work Education from engaging in non-clinical practice; provided, that no such persons shall | |
1684 | - | represent by title or description of services that they are social workers. | |
1685 | - | “(b) For the purposes of this section, the term “non-clinical practice” means | |
1686 | - | competencies and activities commonly included in a social work education program that do not | |
1687 | - | involve clinical assessment, diagnosis, or treatment of mental health conditions, including: | |
1688 | - | “(1) Non-clinical case management, including coordinating social services, | |
1689 | - | conducting non-clinical assessments of service needs, and facilitating client access to resources; | |
1690 | - | “(2) Community organization, including public education campaigns, information | |
1691 | - | dissemination, and connecting individuals with social services; ENROLLED ORIGINAL | |
978 | + | (2) Subsection (c) is amended by striking the period and inserting the phrase “; 749 | |
979 | + | except, that from the effective date of the Health Occupations Revision General Amendment Act 750 | |
980 | + | of 2024, as approved by the Committee on Health on March 21, 2024 (Committee Print of Bill 751 | |
981 | + | 25-545), of the members of the Board, 3 shall be respiratory care practitioners licensed in the 752 | |
982 | + | District, one shall be either a physician with knowledge and experience in the practice of 753 | |
983 | + | respiratory care or a respiratory care practitioner, licensed in the District, and one shall be a 754 | |
984 | + | consumer member.”. 755 | |
985 | + | (q) Section 216 (D.C. Official Code § 3-1202.16) is amended by adding a new subsection 756 | |
986 | + | (f) to read as follows: 757 | |
987 | + | “(f) The Board shall be dissolved on the day the Board of Integrative Healthcare 758 | |
988 | + | commences operation pursuant to section 224(f).”. 759 | |
989 | + | (r) Section 217 (D.C. Official Code § 3-1202.17) is repealed. 760 | |
990 | + | (s) Section 218 (D.C. Official Code § 3-1202.18) is amended by adding a new subsection 761 | |
991 | + | (i) to read as follows: 762 | |
992 | + | “(i) The Board shall be dissolved on the day the Board of Rehabilitative Therapies 763 | |
993 | + | commences operation pursuant to section 223(e).”. 764 | |
994 | + | (t) New sections 223 and 224 are added to read as follows: 765 | |
995 | + | “Sec. 223. Board of Rehabilitative Therapies. 766 | |
996 | + | “(a) There is established a Board of Rehabilitative Therapies to consist of 11 members 767 | |
997 | + | appointed by the Mayor with the advice and consent of the Council. 768 ENGROSSED ORIGINAL | |
1692 | 998 | ||
1693 | 999 | ||
1694 | 1000 | ||
1695 | 1001 | ||
1696 | 1002 | 39 | |
1697 | 1003 | ||
1698 | - | “(3) Advocacy, including advocating for clients and communities, advocating for | |
1699 | - | policy changes, and representing clients’ policy interests; and | |
1700 | - | “(4) Administrative tasks, including handling client documentation, record- | |
1701 | - | keeping, and program coordination.”. | |
1702 | - | (jjj) Section 831 (D.C. Official Code § 3-1208.31) is amended as follows: | |
1703 | - | (1) Subsection (a) is amended by striking the phrase “Board Marriage and Family | |
1704 | - | Therapy” and inserting the phrase “Board of Professional Counseling” in its place. | |
1705 | - | (2) Subsection (b)(1) is amended to read as follows: | |
1706 | - | “(1) A graduate degree in marriage and family therapy from a program accredited | |
1707 | - | by the Commission on Accreditation for Marriage and Family Therapy Education, or a graduate | |
1708 | - | degree from a regionally accredited educational institution and an equivalent course of study | |
1709 | - | consisting of at least 60 semester hours or 90 quarter credits as approved by the Board; and”. | |
1710 | - | (kkk) Section 841 (D.C. Official Code § 3-1208.41) is amended as follows: | |
1711 | - | (1) Subsection (a) is amended as follows: | |
1712 | - | (A) The lead-in language is amended by striking the phrase “Audiology | |
1713 | - | and Speech-Language Pathology” and inserting the phrase “Rehabilitative Therapies” in its | |
1714 | - | place. | |
1715 | - | (B) Paragraph (3) is amended by striking the phrase “supervised | |
1716 | - | postgraduate professional practice” and inserting the phrase “supervised practice” in its place. | |
1717 | - | (2) Subsection (b) is amended by striking the phrase “Audiology and Speech- | |
1718 | - | Language Pathology” and inserting the phrase “Rehabilitative Therapies” in its place. | |
1719 | - | (3) Subsection (c) is amended to read as follows: | |
1720 | - | “(c) For purposes of this section, references to the Board on Rehabilitative Therapies | |
1721 | - | prior to its commencement of operations pursuant to section 223(e) shall refer to the Board of | |
1722 | - | Audiology and Speech-Language Pathology.”. | |
1723 | - | (lll) Section 853 (D.C. Official Code § 3-1208.53) is repealed. | |
1724 | - | (mmm) Section 854 (D.C. Official Code § 3-1208.54) is repealed. | |
1725 | - | (nnn) Section 871 (D.C. Official Code § 3-1208.71) is amended as follows: | |
1726 | - | (1) Subsection (a) is amended as follows: | |
1727 | - | (A) Paragraph (1) is amended as follows: | |
1728 | - | (i) Subparagraph (A) is amended by striking the phrase “; or” and | |
1729 | - | inserting a period in its place. | |
1730 | - | (ii) Subparagraph (B) is repealed. | |
1731 | - | (B) Paragraph (2) is amended by striking the phrase “direct supervision” | |
1732 | - | and inserting the phrase “immediate supervision” in its place. | |
1733 | - | (2) Subsection (b)(1) is amended as follows: | |
1734 | - | (A) Subparagraph (A) is amended by striking the phrase “; or” and | |
1735 | - | inserting a period in its place. | |
1736 | - | (B) Subparagraph (B) is repealed. ENROLLED ORIGINAL | |
1004 | + | “(b) The Board shall regulate the practices of audiology, occupational therapy, physical 769 | |
1005 | + | therapy, recreational therapy, and speech-language pathology and the practices by audiology 770 | |
1006 | + | assistants, occupational therapy assistants, physical therapist assistants, speech-language 771 | |
1007 | + | pathology assistants, and speech-language pathology clinical fellows. 772 | |
1008 | + | “(c) Of the members of the Board, 3 shall be physical therapists or physical therapist 773 | |
1009 | + | assistants licensed in the District, 2 shall be occupational therapists or occupational therapy 774 | |
1010 | + | assistants licensed in the District, 2 shall be audiologists or speech-language pathologists 775 | |
1011 | + | licensed in the District, one shall be a recreational therapist licensed in the District, 2 shall be 776 | |
1012 | + | consumer members, and one shall be a District licensed or registered: 777 | |
1013 | + | “(1) Audiologist; 778 | |
1014 | + | “(2) Audiology assistant; 779 | |
1015 | + | “(3) Physical therapist; 780 | |
1016 | + | “(4) Physical therapist assistant; 781 | |
1017 | + | “(5) Occupational therapist; 782 | |
1018 | + | “(6) Occupational therapy assistant; 783 | |
1019 | + | “(7) Recreational therapist; 784 | |
1020 | + | “(8) Speech-language pathologist; or 785 | |
1021 | + | “(9) Speech-language pathology assistant. 786 | |
1022 | + | “(d) Of the members initially appointed under this section, 3 shall be appointed for a term 787 | |
1023 | + | of one year, 4 shall be appointed for a term of 2 years, and 4 shall be appointed for a term of 3 788 ENGROSSED ORIGINAL | |
1737 | 1024 | ||
1738 | 1025 | ||
1739 | 1026 | ||
1740 | 1027 | ||
1741 | 1028 | 40 | |
1742 | 1029 | ||
1743 | - | (ooo) Section 872 (D.C. Official Code § 3-1208.72) is amended by striking the period at | |
1744 | - | the end and inserting the phrase “, unless further time is granted by the Mayor through | |
1745 | - | rulemaking.” in its place. | |
1746 | - | (ppp) New Titles VIII-F and VIII-G are added to read as follows: | |
1747 | - | “TITLE VIII-F. | |
1748 | - | “CATEGORIES AND QUALIFICATIONS REQUIRED FOR THE PRACTICE OF | |
1749 | - | “PSYCHOLOGY. | |
1750 | - | ||
1751 | - | “Sec. 881. License and registration requirements. | |
1752 | - | “(a) No person may practice psychology in the District without one of the following: | |
1753 | - | “(1) A health services psychology license, which is required for the practice of | |
1754 | - | psychology as defined in section 102(16)(A); | |
1755 | - | “(2) A general applied psychology license, which is required for the practice of | |
1756 | - | psychology within the scope of section 102(16)(A)(ii); | |
1757 | - | “(3) A school psychology registration, which is required for the practice of | |
1758 | - | psychology within the scope of section 102(16)(A)(iii); or | |
1759 | - | “(4) A psychology associate registration, which is required for the practice of | |
1760 | - | psychology within the scope of section 102(16)(A)(iv). | |
1761 | - | “(b) All active psychology licenses issued before the effective date of the Health | |
1762 | - | Occupations Revision General Amendment Act of 2024, passed on 2nd reading on May 7, 2024 | |
1763 | - | (Enrolled version of Bill 25-545) (“2024 Act”), shall, upon renewal, be issued as health services | |
1764 | - | psychology licenses. | |
1765 | - | “(c) Notwithstanding subsection (a) of this section, for 2 years after the effective date of | |
1766 | - | the 2024 Act, or such longer period of time which may be established by the Mayor through | |
1767 | - | rulemaking, a person who has been practicing general applied psychology or school psychology | |
1768 | - | before the effective date of the 2024 Act may continue to practice without the licensure or | |
1769 | - | registration required pursuant to section 501(a)(1) or (2); provided, that the person applies for the | |
1770 | - | relevant license or registration within 2 years after the effective date of the 2024 Act. | |
1771 | - | “Sec. 882. Qualifications. | |
1772 | - | “(a) In addition to the general qualifications for licensure set forth in Title V, and any | |
1773 | - | requirements the Mayor may establish by rule, an individual applying for a license to practice | |
1774 | - | health services psychology or general applied psychology shall establish to the satisfaction of the | |
1775 | - | Board of Psychology that the individual has: | |
1776 | - | “(1) Earned a doctoral degree in psychology from an accredited college or | |
1777 | - | university; and | |
1778 | - | “(2) Completed at least 2 years of experience in such areas of practice as shall be | |
1779 | - | required by the Mayor through rulemaking, at least one year of which shall be postdoctoral | |
1780 | - | experience. ENROLLED ORIGINAL | |
1030 | + | years. The terms of the members first appointed shall begin on the date that a majority of the first 789 | |
1031 | + | members are sworn in, which shall become the anniversary date for all subsequent appointments. 790 | |
1032 | + | “(e) The Board shall commence operation and assume regulatory authority from the 791 | |
1033 | + | Boards of Audiology and Speech-Language Pathology, Physical Therapy, and Occupational 792 | |
1034 | + | Therapy one year of the effective date of the Health Occupations Revision General Amendment 793 | |
1035 | + | Act of 2024, as approved by the Committee on Health on March 21, 2024 (Committee Print of 794 | |
1036 | + | Bill 25-545), or once the following appointments are made, whichever is earlier: 795 | |
1037 | + | “(1) 2 members licensed to practice physical therapy; 796 | |
1038 | + | “(2) 2 members licensed to practice occupational therapy; 797 | |
1039 | + | “(3) One member authorized to practice speech-language pathology or audiology; 798 | |
1040 | + | and 799 | |
1041 | + | “(4) One consumer member. 800 | |
1042 | + | “Sec. 224. Board of Integrative Healthcare. 801 | |
1043 | + | “(a) There is established a Board of Integrative Healthcare to consist of 9 members 802 | |
1044 | + | appointed by the Mayor with the advice and consent of the Council. 803 | |
1045 | + | “(b) The Board shall regulate the practice of acupuncture, chiropractic, and naturopathic 804 | |
1046 | + | medicine. 805 | |
1047 | + | “(c) Of the members of the Board, 2 shall be acupuncturists licensed in the District, 2 806 | |
1048 | + | shall be doctors of chiropractic licensed in the District, 2 shall be naturopathic physicians 807 | |
1049 | + | licensed in the District, one shall be a medical physician licensed in the District who works with 808 ENGROSSED ORIGINAL | |
1781 | 1050 | ||
1782 | 1051 | ||
1783 | 1052 | ||
1784 | 1053 | ||
1785 | 1054 | 41 | |
1786 | 1055 | ||
1787 | - | “(b) An individual applying for a registration to practice school psychology shall meet | |
1788 | - | such education and training requirements as may be established by the Mayor through | |
1789 | - | rulemaking. | |
1790 | - | “(c) An individual applying for registration as a psychology associate shall have | |
1791 | - | graduated from an accredited college or university with at least a master’s degree based on a | |
1792 | - | program of studies focusing on psychology, or a program judged by the Board to be substantially | |
1793 | - | equivalent in subject matter and extent of training to a master’s or doctoral degree in psychology. | |
1794 | - | “(d) Notwithstanding subsections (a) and (b) of this section, individuals currently | |
1795 | - | practicing as general applied psychologists or school psychologists who do not meet the | |
1796 | - | qualifications of this section shall be eligible for licensure or registration if they apply for a | |
1797 | - | license or registration within 24 months after the effective date of the Health Occupations | |
1798 | - | Revision General Amendment Act of 2024, passed on 2nd reading on May 7, 2024 (Enrolled | |
1799 | - | version of Bill 25-545). | |
1800 | - | “Sec. 883. Limitations. | |
1801 | - | “(a) A registered school psychologist shall not practice psychology as defined under | |
1802 | - | section 102(16)(A)(i) or (ii) without the authorization required for such practice. | |
1803 | - | “(b) A psychology associate shall not practice psychology except under the supervision | |
1804 | - | of a licensed health services psychologist. | |
1805 | - | “TITLE VIII-G. | |
1806 | - | “CATEGORIES AND QUALIFICATIONS REQUIRED FOR THE PRACTICE OF MEDICAL | |
1807 | - | RADIATION TECHNOLOGY. | |
1808 | - | ||
1809 | - | “Sec. 891. Qualifications for licensure. | |
1810 | - | “(a) The categories of licensure for the practice of medical radiation technology shall be | |
1811 | - | as follows: | |
1812 | - | “(1) Cardiovascular-interventional technologist; | |
1813 | - | “(2) Computed tomography technologist or radiographer; | |
1814 | - | “(3) Magnetic resonance technologist; | |
1815 | - | “(4) Mammographer; | |
1816 | - | “(5) Nuclear medicine technologist; | |
1817 | - | “(6) Radiation therapist; | |
1818 | - | “(7) Radiologist assistant; | |
1819 | - | “(8) Radiographer; and | |
1820 | - | “(9) Ultrasound technologist. | |
1821 | - | “(b) The Board of Medicine shall issue a license to practice medical radiation technology, | |
1822 | - | in a category established by this section to an individual who, in addition to meeting the | |
1823 | - | requirements of Title V, has: | |
1824 | - | “(1) Graduated from an accredited program in diagnostic medical sonography, | |
1825 | - | radiologic technology, magnetic resonance imaging, nuclear medicine or radiologist assistant ENROLLED ORIGINAL | |
1056 | + | acupuncturists, doctors of chiropractic or naturopathic physicians, and 2 shall be consumer 809 | |
1057 | + | members. 810 | |
1058 | + | “(d) Except as provided in subsection (e) of this section, members of the Board shall be 811 | |
1059 | + | appointed for terms of 3 years. 812 | |
1060 | + | “(e) Of the members initially appointed under this section, 3 shall be appointed for a term 813 | |
1061 | + | of 1 year, 3 shall be appointed for a term of 2 years, and 3 shall be appointed for a term of 3 814 | |
1062 | + | years. The terms of the members first appointed shall begin on the date that a majority of the first 815 | |
1063 | + | members are sworn in, which shall become the anniversary date for all subsequent appointments. 816 | |
1064 | + | “(f) The Board shall commence operation and assume regulatory authority from the 817 | |
1065 | + | Board of Medicine for the practices of acupuncture and naturopathic medicine and the Board of 818 | |
1066 | + | Chiropractic one year of the effective date of the Health Occupations Revision General 819 | |
1067 | + | Amendment Act of 2024, as approved by the Committee on Health on March 21, 2024 820 | |
1068 | + | (Committee Print of Bill 25-545), or once the following appointments are made, whichever is 821 | |
1069 | + | earlier: 822 | |
1070 | + | (1) One member licensed to practice acupuncture; 823 | |
1071 | + | (2) One member licensed to practice chiropractic; 824 | |
1072 | + | (3) One member licensed to practice naturopathic medicine; 825 | |
1073 | + | (4) One member licensed to practice medicine who works with an acupuncturist, a 826 | |
1074 | + | doctor of chiropractic, or a doctor of naturopathic medicine; and 827 | |
1075 | + | (5) One consumer member.”. 828 ENGROSSED ORIGINAL | |
1826 | 1076 | ||
1827 | 1077 | ||
1828 | 1078 | ||
1829 | 1079 | ||
1830 | 1080 | 42 | |
1831 | 1081 | ||
1832 | - | that incorporates the academic coursework and minimum of hours of supervised clinical training | |
1833 | - | required by regulations issued by the Mayor and that is accredited by the Commission on | |
1834 | - | Accreditation of Allied Health Education Programs, Joint Review Committee on Education in | |
1835 | - | Radiologic Technology, Joint Review Committee on Diagnostic Medical Sonography, Joint | |
1836 | - | Review Committee on Nuclear Medicine Technology or a successor organization, as recognized | |
1837 | - | by the U.S. Department of Education; | |
1838 | - | “(2) Passed a national certification examination from a body recognized by the | |
1839 | - | Board; and | |
1840 | - | “(3) Satisfied all other requirements established by the Mayor through | |
1841 | - | rulemaking. | |
1842 | - | “Sec. 892. Limitations on practice. | |
1843 | - | “(a) A person licensed under this title may only practice under the supervision of a | |
1844 | - | licensed physician or a licensed advanced practice registered nurse. | |
1845 | - | “(b) The practices of a cardiovascular-interventional technologist, computed tomography | |
1846 | - | technologist, magnetic resonance technologist, mammographer, nuclear medicine technologist, | |
1847 | - | radiation therapist, radiographer, radiologist assistant, or ultrasound technologist shall be limited | |
1848 | - | to those procedures, operations, preparations, and practices determined by regulation. | |
1849 | - | “Sec. 893. Transition of licensed and registered medical radiation practitioners. | |
1850 | - | “For a period of one year after the effective date of implementing regulations issued | |
1851 | - | pursuant to this title, unless further time is granted by the Mayor through rulemaking, a person | |
1852 | - | who has received appropriate training for the tasks assigned may, regardless of licensure status, | |
1853 | - | practice as a medical radiation practitioner, cardiovascular-interventional technologist, computed | |
1854 | - | tomography technologist, magnetic resonance technologist, mammographer, nuclear medicine | |
1855 | - | technologist, radiographer, radiologist assistant, or ultrasound technologist. After a period of one | |
1856 | - | year or additional time authorized by the Mayor, a license shall be required for any person to | |
1857 | - | work or identify themselves as a medical radiation practitioner, cardiovascular-interventional | |
1858 | - | technologist, computed tomography technologist, magnetic resonance technologist, | |
1859 | - | mammography technologist, nuclear medicine technologist, radiographer, radiologist assistant, | |
1860 | - | or ultrasound technologist.”. | |
1861 | - | (qqq) Section 902 (D.C. Official Code § 3-1209.02) is amended as follows: | |
1862 | - | (1) The section heading is amended by striking the phrase “and recreation | |
1863 | - | therapy.” and inserting the phrase “therapy.” in its place. | |
1864 | - | (2) Subsection (a) is amended by striking the phrase “dance therapy or recreation | |
1865 | - | therapy” and inserting the phrase “dance therapy” in its place. | |
1866 | - | (3) Subsection (b) is amended by striking the phrase “dance therapy or recreation | |
1867 | - | therapy” and inserting the phrase “dance therapy” in its place. | |
1868 | - | (4) Subsection (c) is amended as follows: | |
1869 | - | (A) Strike the phrase “dance therapist or recreation therapist” and insert | |
1870 | - | the phrase “dance therapist” in its place. ENROLLED ORIGINAL | |
1082 | + | (u) Section 302 (D.C. Official Code § 3-1203.02) is amended as follows: 829 | |
1083 | + | (1) A new paragraph (10A) is added to read as follows: 830 | |
1084 | + | “(10A) Creating and maintaining an online complaint form for the public to 831 | |
1085 | + | submit a complaint regarding any health care professional registered or licensed by any Board 832 | |
1086 | + | pursuant to this act or any unlicensed activity;”. 833 | |
1087 | + | (2) Paragraph (12) is amended by striking the phrase “, except the Mayor may 834 | |
1088 | + | provide for the issuance of temporary licenses to applicants for licensure to practice social work 835 | |
1089 | + | and marriage and family therapy for a period not to exceed 1 year, and to applicants for licensure 836 | |
1090 | + | to practice as anesthesiologist assistants for a period not to exceed 2 years;” and inserting a 837 | |
1091 | + | semicolon in its place. 838 | |
1092 | + | (v) Section 401(b)(2) (D.C. Official Code § 3-1204.01(b)(2)) is amended by striking the 839 | |
1093 | + | phrase “the trauma technologist member initially appointed to the Advisory Committee on 840 | |
1094 | + | Trauma Technologists,” and inserting the phrase “the trauma technologist member initially 841 | |
1095 | + | appointed to the Advisory Committee on Trauma Technologists, the athletic trainers initially 842 | |
1096 | + | appointed to the Advisory Committee on Athletic Trainers, the certified professional midwives 843 | |
1097 | + | and the doula initially appointed to the Advisory Committee on Maternal Care Professionals, the 844 | |
1098 | + | practitioners of medical radiation technology initially appointed to the Advisory Committee on 845 | |
1099 | + | Medical Radiation Technologists,” in its place. 846 | |
1100 | + | (w) Section 404(b) (D.C. Official Code § 3-1204.04(b)) is amended to read as follows: 847 ENGROSSED ORIGINAL | |
1871 | 1101 | ||
1872 | 1102 | ||
1873 | 1103 | ||
1874 | 1104 | ||
1875 | 1105 | 43 | |
1876 | 1106 | ||
1877 | - | (B) Strike the phrase “dance therapists or recreation therapists.” and insert | |
1878 | - | the phrase “dance therapists.” in its place. | |
1879 | - | (rrr) Section 903 (D.C. Official Code § 3-1209.03) is repealed. | |
1880 | - | (sss) Section 905 (D.C. Official Code § 3-1209.05) is amended as follows: | |
1881 | - | (1) Subsection (a) is amended as follows: | |
1882 | - | (A) Paragraph (1) is amended as follows. | |
1883 | - | (i) Strike the phrase “assist a licensed dentist” and insert the phrase | |
1884 | - | “assist a licensed dentist or a licensed dental hygienist” in its place. | |
1885 | - | (ii) Strike the phrase “direct supervision” and insert the word | |
1886 | - | “supervision” in its place. | |
1887 | - | (B) Paragraph (2) is repealed. | |
1888 | - | (2) Subsection (b) is amended to read as follows: | |
1889 | - | “(b) A person who is engaged as a dental assistant to assist a dentist in the performance | |
1890 | - | of dental procedures, or to assist a dental hygienist in the performance of dental hygiene | |
1891 | - | procedures, in any area of or specialty area of dentistry, including oral and maxillofacial surgery, | |
1892 | - | or who performs the duties of a dental assistant in any area of or specialty area of dentistry, | |
1893 | - | including oral and maxillofacial surgery, in the District shall be registered with the Board, renew | |
1894 | - | the registration as required by rule, and pay the required registration fee established by the | |
1895 | - | Board.”. | |
1896 | - | (3) Subsection (d) is amended as follows. | |
1897 | - | (A) Strike the phrase “A person shall not engage in the practice, or use the | |
1898 | - | title, of dental assistant” and insert after the phrase “A person shall not engage in the practice of | |
1899 | - | dental assisting or use the title of dental assistant” in its place. | |
1900 | - | (B) Strike the phrase “direct supervision” and insert the word | |
1901 | - | “supervision” in its place. | |
1902 | - | (4) Subsection (e) is repealed. | |
1903 | - | (5) Subsection (g) is amended by striking the phrase “and the duties that may be | |
1904 | - | performed by a dental assistant.” And inserting the phrase “, the duties that may be performed by | |
1905 | - | a dental assistant, and the required level of supervision.” in its place. | |
1906 | - | (6) A new subsection (h) is added to read as follows: | |
1907 | - | “(h) The Mayor shall create a Level III dental assistant designation to authorize dental | |
1908 | - | assistants with appropriate training and experience, as determined by the Board, to conduct the | |
1909 | - | application pit and fissure sealants, coronal polishing to remove stain and biofilm, and glucose | |
1910 | - | testing, as well as all functions authorized by this section and any other services authorized by | |
1911 | - | rule.”. | |
1912 | - | (ttt) Section 906 (D.C. Official Code § 3-1209.06) is repealed. | |
1913 | - | (uuu) Section 907 (D.C. Official Code § 3-1209.07) is amended to read as follows: | |
1914 | - | “Sec. 907. Nursing assistive personnel; registration or certification required. ENROLLED ORIGINAL | |
1107 | + | “(b) The failure of a member of a board or advisory committee to attend at least 1/2 of the 848 | |
1108 | + | regular, scheduled meetings of a board or advisory committee within a 12-month period shall 849 | |
1109 | + | constitute neglect of duty. Notwithstanding subsection (a), the Mayor may remove a member of a 850 | |
1110 | + | board or advisory committee for such neglect of duty without a hearing.”. 851 | |
1111 | + | (x) Section 405 (D.C. Official Code § 3-1204.05) is amended by adding a new 852 | |
1112 | + | subsection (a-1) to read as follows: 853 | |
1113 | + | “(a-1) Each board and advisory committee may elect a vice chairperson from among its 854 | |
1114 | + | members.”. 855 | |
1115 | + | (y) Section 408 (D.C. Official Code § 3-1204.08) is amended as follows: 856 | |
1116 | + | (1) Paragraph (2) is amended by striking the word “licenses” and inserting the 857 | |
1117 | + | phrase “a license, registration, or certification,” in its place. 858 | |
1118 | + | (2) Paragraph (4) is amended by striking the word “licenses” and inserting the 859 | |
1119 | + | phrase “licenses, registrations, or certifications” in its place. 860 | |
1120 | + | (z) A new section 413 is added to read as follows: 861 | |
1121 | + | “Sec. 413. Immunity. 862 | |
1122 | + | “A person who is a member of a board, a staff member supporting a board, or a legally 863 | |
1123 | + | authorized agent of a board acting without malice and in the furtherance of their duties shall have 864 | |
1124 | + | immunity from civil liability for investigating, prosecuting, participating in a hearing, or 865 | |
1125 | + | otherwise acting on an allegation of a ground for board action.”. 866 | |
1126 | + | (aa) The designation for Title V is amended to read as follows: 867 ENGROSSED ORIGINAL | |
1915 | 1127 | ||
1916 | 1128 | ||
1917 | 1129 | ||
1918 | 1130 | ||
1919 | 1131 | 44 | |
1920 | 1132 | ||
1921 | - | “(a) A registration or certification is required for a person seeking to practice as nursing | |
1922 | - | assistive personnel in the District in accordance with the rules issued by the Mayor. | |
1923 | - | “(b) The Mayor shall, pursuant to the District of Columbia Administrative Procedure Act, | |
1924 | - | approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), issue rules | |
1925 | - | setting forth the standards of education and experience required to qualify as nursing assistive | |
1926 | - | personnel. | |
1927 | - | “(c) The Mayor shall allow for a registration or certification of an applicant who is at | |
1928 | - | least 16 years of age; provided, that the applicant shall have obtained or be enrolled and is | |
1929 | - | actively pursuing a high school diploma or high school equivalency diploma as that term is | |
1930 | - | defined in section 561(6) of the District of Columbia Public Assistance Act of 1982, effective | |
1931 | - | October 27, 1995 (D.C. Law 11-72; D.C. Official Code § 4-205.61(6)).”. | |
1932 | - | (vvv) Section 908 (D.C. Official Code § 3-1209.08) is repealed. | |
1933 | - | (www) Section 909 (D.C. Official Code § 3-1209.09) is amended as follows: | |
1934 | - | (1) Subsection (a)(1) is amended by striking the phrase “Audiology and Speech- | |
1935 | - | Language Pathology” and inserting the phrase “Rehabilitative Therapies” in its place. | |
1936 | - | (2) A new subsection (i) is added to read as follows: | |
1937 | - | “(i) For purposes of this section, references to the Board on Rehabilitative Therapies prior | |
1938 | - | to its commencement of operations pursuant to section 223(e) shall refer to the Board of | |
1939 | - | Audiology and Speech-Language Pathology.”. | |
1940 | - | (xxx) Section 910 (D.C. Official Code § 3-1209.10) is amended as follows: | |
1941 | - | (1) Subsection (a)(2) is amended by striking the phrase “Audiology and Speech- | |
1942 | - | Language Pathology” and inserting the phrase “Rehabilitative Therapies” in its place. | |
1943 | - | (2) A new subsection (i) is added to read as follows: | |
1944 | - | “(i) For purposes of this section, references to the Board on Rehabilitative Therapies prior | |
1945 | - | to its commencement of operations pursuant to section 223(e) shall refer to the Board of | |
1946 | - | Audiology and Speech-Language Pathology.”. | |
1947 | - | (yyy) Section 911 (D.C. Official Code § 3-1209.11) is amended as follows: | |
1948 | - | (1) Subsection (a)(1) is amended by striking the phrase “Audiology and Speech- | |
1949 | - | Language Pathology” and inserting the phrase “Rehabilitative Therapies” in its place. | |
1950 | - | (2) A new subsection (h) is added to read as follows: | |
1951 | - | “(h) For purposes of this section, references to the Board on Rehabilitative Therapies | |
1952 | - | prior to its commencement of operations pursuant to section 223(e) shall refer to the Board of | |
1953 | - | Audiology and Speech-Language Pathology.”. | |
1954 | - | (zzz) Section 912 (D.C. Official Code § 3-1209.12) is repealed. | |
1955 | - | (aaaa) A new section 913 is added to read as follows: | |
1956 | - | “Sec. 913. Doula. | |
1957 | - | “(a) A certified doula may: | |
1958 | - | “(1) Provide support to pregnant individuals and their families, including | |
1959 | - | surrogates and adoptive parents; ENROLLED ORIGINAL | |
1133 | + | “TITLE V. 868 | |
1134 | + | “LICENSING, REGISTRATION, CERTIFICATION , OR APPROVAL REQUIRED.” 869 | |
1135 | + | 870 | |
1136 | + | (bb) Section 501 (D.C. Official Code § 3-1205.01) is amended as follows: 871 | |
1137 | + | (1) The section heading is amended to read as follows: 872 | |
1138 | + | “Sec. 501. License, registration, certification, or approval required.”. 873 | |
1139 | + | (2) Subsection (a) is amended as follows: 874 | |
1140 | + | (A) Paragraph (1) is amended to read as follows: 875 | |
1141 | + | “(1) A license issued pursuant to this act is required to practice acupuncture, 876 | |
1142 | + | advanced practice registered nursing, assisted living administration, audiology, cardiovascular-877 | |
1143 | + | interventionist technology, chiropractic, certified midwifery, certified professional midwifery, 878 | |
1144 | + | computed tomography technology, dental hygiene, dentistry, dietetics, health services 879 | |
1145 | + | psychology, general applied psychology, home health care administration, magnetic resonance 880 | |
1146 | + | technology, mammography, marriage and family therapy, massage therapy, medicine, 881 | |
1147 | + | naturopathic medicine, nuclear medicine technology, nursing home administration, nutrition, 882 | |
1148 | + | occupational therapy, optometry, pharmaceutical detailing, pharmacy, physical therapy, podiatry, 883 | |
1149 | + | practical nursing, professional art therapy, professional counseling, radiography, recreational 884 | |
1150 | + | therapy, registered nursing, respiratory care, social work, speech-language pathology, ultrasound 885 | |
1151 | + | technology or sonography, veterinary medicine, or to practice as an anesthesiologist assistant, 886 | |
1152 | + | athletic trainer, graduate marriage and family therapist, graduate professional art therapist, 887 | |
1153 | + | physician assistant, physical therapist assistant, polysomnographic technologist, occupational 888 ENGROSSED ORIGINAL | |
1960 | 1154 | ||
1961 | 1155 | ||
1962 | 1156 | ||
1963 | 1157 | ||
1964 | 1158 | 45 | |
1965 | 1159 | ||
1966 | - | “(2) Conduct prenatal and postpartum visits; | |
1967 | - | “(3) Accompany pregnant individuals to health care and social service | |
1968 | - | appointments; | |
1969 | - | “(4) Connect individuals to medical, community-based, or government-funded | |
1970 | - | resources, including those addressing social determinants of health; and | |
1971 | - | “(5) Provide support to individuals following either the loss of pregnancy or birth | |
1972 | - | of a child for up to one year. | |
1973 | - | “(b) A doula shall not: | |
1974 | - | “(1) Perform clinical tasks or replace trained licensed medical professionals; or | |
1975 | - | “(2) Engage in the practice of medicine as defined in section 102(7).”. | |
1976 | - | (bbbb) Section 1003 (D.C. Official Code § 3-1210.03) is amended as follows: | |
1977 | - | (1) Subsection (a) is amended by striking the phrase ““acupuncturist,”” and | |
1978 | - | inserting the phrase ““acupuncturist, L.Ac.,” in its place. | |
1979 | - | (2) Subsection (m-1) is amended by striking the word “therapy” wherever it | |
1980 | - | appears and inserting the word “therapist” in its place. | |
1981 | - | (3) Subsection (q) is amended to read as follows: | |
1982 | - | “(q) Unless authorized to practice psychology under this act, a person shall not use the | |
1983 | - | words or terms “psychology,” “psychologist,” “health services psychologist,” “general applied | |
1984 | - | psychologist,” “school psychologist,” “psychology associate,” or similar title or description of | |
1985 | - | services with the intent to represent that the person practices psychology.”. | |
1986 | - | (4) Subsection (v) is amended to read as follow: | |
1987 | - | “(v) Unless authorized to practice massage therapy under this act, a person shall not use | |
1988 | - | or imply the use of the words or terms “massage therapy,” “therapeutic massage,” “myotherapy,” | |
1989 | - | “bodyrub,” “licensed massage therapist,” or “licensed massage practitioner,” or similar title or | |
1990 | - | description of services, or the initials “LMT” or “LMP,” with the intent to represent that the | |
1991 | - | person practices massage therapy.”. | |
1992 | - | (5) Subsection (hh) is repealed. | |
1993 | - | (6) Subsection (jj) is repealed. | |
1994 | - | (7) New subsections (ll), (mm), (nn), and (oo) are added to read as follows: | |
1995 | - | “(ll) Unless authorized to practice certified professional midwifery under this act, a | |
1996 | - | person shall not use or imply the use of the words or terms “certified professional midwife,” | |
1997 | - | “licensed midwife,” or any similar title or description of services with the intent to represent that | |
1998 | - | the person practices midwifery as a certified professional midwife. | |
1999 | - | “(mm) Unless authorized to practice recreational therapy under this act, a person shall not | |
2000 | - | use the words or terms “recreational therapy,” “recreational therapist,” “licensed recreational | |
2001 | - | therapist,” “RT,” “L.R.T.,” “CTRS/L,” “certified therapeutic recreation specialist licensed,” | |
2002 | - | “registered recreational therapist licensed (RRT/L),” or any similar title or description of services | |
2003 | - | with the intent to represent that the person practices recreational therapy. ENROLLED ORIGINAL | |
1160 | + | therapy assistant, radiation therapist, radiologist assistant, surgical assistant, or as a trauma 889 | |
1161 | + | technologist in the District, except as otherwise provided in this act.”. 890 | |
1162 | + | (B) Paragraph (2) is amended to read as follows: 891 | |
1163 | + | “(2) Registration is required to practice as an audiology assistant, dance therapist, 892 | |
1164 | + | dental assistant, psychology associate, polysomnographic technician or trainee, school 893 | |
1165 | + | psychologist, speech-language pathology assistant, or speech-language pathology clinical 894 | |
1166 | + | fellow.”. 895 | |
1167 | + | (C) New paragraphs (6) and (7) are added to read as follows: 896 | |
1168 | + | “(6) Registration or certification under section 907 or rules promulgated by the 897 | |
1169 | + | Mayor is required for any person to engage in the role or function of nursing assistive personnel. 898 | |
1170 | + | “(7) Approval by the Board of Nursing is required to operate nursing education 899 | |
1171 | + | programs and training programs for nursing assistive personnel in the District.”. 900 | |
1172 | + | (cc) Section 502(a) (D.C. Official Code § 3-1205.02(a)) is amended as follows: 901 | |
1173 | + | (1) Paragraph (2) is amended to read as follows: 902 | |
1174 | + | “(2) To an individual employed by the federal government, while he or she is 903 | |
1175 | + | acting in the official discharge of the duties of employment in the District;”. 904 | |
1176 | + | (2) Paragraph (3) is amended to read as follows: 905 | |
1177 | + | “(3) To an individual, licensed, registered, or certified to practice a health 906 | |
1178 | + | occupation in a state, who is providing care to an individual, an animal, or a group (“client or 907 | |
1179 | + | patient”) for a limited period of time, if: 908 ENGROSSED ORIGINAL | |
2004 | 1180 | ||
2005 | 1181 | ||
2006 | 1182 | ||
2007 | 1183 | ||
2008 | 1184 | 46 | |
2009 | 1185 | ||
2010 | - | “(nn) Unless authorized to practice as a doula under this act, a person shall not use the | |
2011 | - | word or term “doula” or any similar title or description of services with the intent to represent | |
2012 | - | that the person practices as a doula or provides any type of doula services. | |
2013 | - | “(oo) Unless authorized to practice medical radiation technology under this act, a person | |
2014 | - | shall not use or imply the use of the words or terms “cardiovascular-interventional technologist,” | |
2015 | - | “computed tomography technologist,” “radiographer,” “magnetic resonance technologist,” | |
2016 | - | “MRI technologist,” “mammography technologist,” “mammographer,” “medical radiation | |
2017 | - | technologist,” “nuclear medicine technologist,” “radiologist assistant,” “sonographer,” | |
2018 | - | “ultrasound technologist,” or any similar title or description of service with the intent to | |
2019 | - | represent that the person practices as a medical radiation technology practitioner.”. | |
2020 | - | (cccc) Section 1204 (D.C. Official Code § 3-1212.04) is amended by striking the word | |
2021 | - | “therapy” both times it appears and inserting the word “therapist” in its place. | |
2022 | - | (dddd) Section 1205 (D.C. Official Code § 3-1212.05) is amended by striking the phrase | |
2023 | - | “personal fitness trainer, veterinary technician” and inserting the phrase “veterinary technician” | |
2024 | - | in its place. | |
2025 | - | ||
2026 | - | TITLE II- TECHNICAL AND CONFORMING AMENDMENTS . | |
2027 | - | Sec. 201. Section 2(f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. | |
2028 | - | Law 2-142; D.C. Code § 1-523.01(f)), is amended as follows: | |
2029 | - | (a) Paragraphs (7) and (43) are repealed. | |
2030 | - | (b) Paragraph (70) is amended by striking the phrase “; and” and inserting a semicolon in | |
2031 | - | its place. | |
2032 | - | (c) New paragraphs (72) and (73) are added to read as follows: | |
2033 | - | “(72) Board of Rehabilitative Therapies established by section 223 of the District | |
2034 | - | of Columbia Health Occupations Revision Act of 1985, passed on 2nd reading on May 7, 2024 | |
2035 | - | (Enrolled version of Bill 25-545); and | |
2036 | - | “(73) Board of Integrative Healthcare established by section 224 of the District of | |
2037 | - | Columbia Health Occupations Revision Act of 1985, passed on 2nd reading on May 7, 2024 | |
2038 | - | (Enrolled version of Bill 25-545).”. | |
2039 | - | ||
2040 | - | Sec. 202. The Department of Health Functions Clarification Act of 2001, effective | |
2041 | - | October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731 et seq.), is amended as follows: | |
2042 | - | (a) Section 4942 (D.C. Official Code § 7-743.02) is repealed. | |
2043 | - | (b) Section 4944 (D.C. Official Code § 7-743.04) is repealed. | |
2044 | - | (c) Section 4945 (D.C. Official Code § 7-743.05) is repealed. | |
2045 | - | (d) A new section 4949a is added to read as follows: | |
2046 | - | “Sec. 4949a. Advisory Committee on Medical Radiation Technologists. | |
2047 | - | “(a) There is established an Advisory Committee on Medical Radiation Technologists | |
2048 | - | (“Committee”), which shall consist of the following 5 members: ENROLLED ORIGINAL | |
1186 | + | “(A) The individual has been providing care to the client or patient located 909 | |
1187 | + | in a state and is accompanying the client or patient to the District for a visit not exceeding 30 910 | |
1188 | + | days; 911 | |
1189 | + | “(B) The individual is called from a state in professional consultation by 912 | |
1190 | + | or on behalf of a client or patient to visit, examine, treat, or provide advice regarding the specific 913 | |
1191 | + | client or patient in the District; or 914 | |
1192 | + | “(C) The individual is invited to give a demonstration of a procedure or 915 | |
1193 | + | clinic in the District; provided, that the individual engages in the provision of care, consultation, 916 | |
1194 | + | demonstration, or clinic in affiliation with a comparable health professional licensed, registered, 917 | |
1195 | + | or certified pursuant to this act;”. 918 | |
1196 | + | (3) Paragraph (3A) is amended by striking the phrase “retained to testify as an 919 | |
1197 | + | expert witness” and inserting the phrase “retained to assess or evaluate a subject and to testify as 920 | |
1198 | + | an expert witness” in its place. 921 | |
1199 | + | (dd) Section 503 (D.C. Official Code § 3-1205.03) is amended as follows: 922 | |
1200 | + | (1) Subsection (a) is amended as follows: 923 | |
1201 | + | (A) Paragraph (2) is amended by striking the phrase “age;” and inserting 924 | |
1202 | + | the phrase “age; except that individuals applying for certification as nursing assistive personnel 925 | |
1203 | + | shall be at least 16 years of age;” in its place. 926 ENGROSSED ORIGINAL | |
2049 | 1204 | ||
2050 | 1205 | ||
2051 | 1206 | ||
2052 | 1207 | ||
2053 | 1208 | 47 | |
2054 | 1209 | ||
2055 | - | “(1) A physician licensed in the District whose practice consists mostly of the | |
2056 | - | type of medicine that requires significant interaction with medical radiation technologists; | |
2057 | - | “(2) Three individuals who work as medical radiation technologists; and | |
2058 | - | “(3) A consumer member with no direct affiliation with medical radiation | |
2059 | - | technology or a member of another health profession. | |
2060 | - | “(b) To remain qualified to serve as a member of the Committee, the medical radiation | |
2061 | - | technologist members who serve as initial appointees shall become licensed or registered in their | |
2062 | - | profession within 180 days of the Department of Health’s implementation of the licensure or | |
2063 | - | registration requirements. | |
2064 | - | “(c) The Committee shall develop and submit to the Board of Medicine guidelines and | |
2065 | - | proposed regulations for the licensure and regulation of cardiovascular-interventional | |
2066 | - | technologists, computed tomography technologists, magnetic resonance technologists, | |
2067 | - | mammographers, nuclear medicine technologists, radiation therapists, radiographers, ultrasound | |
2068 | - | technologists, and radiologist assistants.”. | |
2069 | - | (e) Section 4952(d)(1) D.C. Official Code § 7-744.02(d)(1)), is amended by striking the | |
2070 | - | phrase “certificate, which shall be notarized and provided to” and inserting the phrase “certificate | |
2071 | - | to” in its place. | |
2072 | - | ||
2073 | - | Sec. 203. Section 2(7) of the Health-care Facility Unlicensed Personnel Criminal | |
2074 | - | Background Check Act of 1998, effective April 20, 1999 (D.C. Law 12-238; D.C. Official Code | |
2075 | - | § 44-551(7)), is amended to read as follows: | |
2076 | - | “(7) “Unlicensed person” means a person not required to be licensed pursuant to | |
2077 | - | the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 | |
2078 | - | (D.C. Law 6-99; D.C. Official Code § 3-1201.01 et seq.), who functions in a complementary or | |
2079 | - | assistance role to licensed health care professionals in providing direct patient care or in | |
2080 | - | performing common nursing tasks. The term “unlicensed person” includes housekeeping, | |
2081 | - | maintenance, and administrative staff for whom it is foreseeable that the prospective employee or | |
2082 | - | contract worker will come in direct contact with patients.”. | |
2083 | - | ||
2084 | - | Sec. 204. Section 702(c)(3) of the Assisted Living Residence Regulatory Act of 2000, | |
2085 | - | effective June 24, 200 (D.C. Law 13-127; D.C. Official Code § 44-107.02), is amended to read | |
2086 | - | as follows: | |
2087 | - | “(3) Four hours covering cognitive impairments in an in-service training in | |
2088 | - | accordance with the dementia training for direct care workers requirements established by | |
2089 | - | section 4952 of the Department of Health Functions Clarification Act of 2001, effective March | |
2090 | - | 16, 2021 (D.C. Law 23-201; D.C. Official Code § 7-744.02); and”. | |
2091 | - | ||
2092 | - | Sec. 205. Section 47-2853.76e(b) of the District of Columbia Official Code is amended to | |
2093 | - | read as follows: ENROLLED ORIGINAL | |
1210 | + | (B) Paragraph (3) is amended by striking the phrase “and Titles VI, VII, 927 | |
1211 | + | VIII and VIII-A” and inserting the phrase “and Titles VI, VII, VIII, VIII-A, VIII-B, VIII-C, 928 | |
1212 | + | VIII-D, VIII-E, VIII-F, or VIII-G” in its place. 929 | |
1213 | + | (C) Paragraph (4) is amended by striking the phrase “; and” and inserting a 930 | |
1214 | + | semicolon in its place. 931 | |
1215 | + | (D) Paragraph (5) is amended by striking the period at the end and 932 | |
1216 | + | inserting a semicolon in its place. 933 | |
1217 | + | (E) New paragraphs (6) and (7) are added to read as follows: 934 | |
1218 | + | “(6) Has not had a license, registration, or certification to practice a health 935 | |
1219 | + | occupation revoked or suspended in another state if: 936 | |
1220 | + | “(A) The basis of the license revocation or suspension would have 937 | |
1221 | + | caused a similar result in the District; and 938 | |
1222 | + | “(B) The revocation or suspension has not been terminated or the 939 | |
1223 | + | applicant’s license has not been restored to good standing in the relevant state; and 940 | |
1224 | + | “(7) Is not currently the subject of a pending disciplinary action regarding 941 | |
1225 | + | the individual’s right to practice in another state.”. 942 | |
1226 | + | (2) Subsection (c) is repealed. 943 | |
1227 | + | (3) Subsection (d) is amended by striking the phrase “and Titles VI, VII, VIII and 944 | |
1228 | + | VIII-A” and inserting the phrase “and Titles VI, VII, VIII, VIII-A, VIII-B, VIII-C, VIII-D, VIII-945 | |
1229 | + | E, VIII-F, and VIII-G” in its place.”. 946 ENGROSSED ORIGINAL | |
2094 | 1230 | ||
2095 | 1231 | ||
2096 | 1232 | ||
2097 | 1233 | ||
2098 | 1234 | 48 | |
2099 | 1235 | ||
2100 | - | “(b) No body artist shall perform body art procedures on a person under 18 years of age; | |
2101 | - | except, that, if a parent or legal guardian has provided their written consent: | |
2102 | - | “(1) Ear piercing with a sterilized hollow needle or a mechanized, pre-sterilized | |
2103 | - | single-use stud and clasp ear piercing gun is permitted for persons under 18 years of age; and | |
2104 | - | “(2) Tattooing services are permitted for persons 16 years of age and older.”. | |
2105 | - | ||
2106 | - | Sec. 206. Section 204(a) of the Freedom of Information Act of 1976, effective March 29, | |
2107 | - | 1977 (D.C. 1-96; D.C. Official Code § 2-534(a)), is amended as follows: | |
2108 | - | (a) Paragraph (19) is amended by striking the phrase “; and” and inserting a semicolon in | |
2109 | - | its place. | |
2110 | - | (b) Paragraph (20) is amended by striking the period and inserting the phrase “; and” in | |
2111 | - | its place. | |
2112 | - | (c) A new paragraph (21) is added to read as follows: | |
2113 | - | “(21) Information exempt from disclosure under section 525 of the District of | |
2114 | - | Columbia Health Occupations Revision Act of 1985, passed on 2nd reading on May 7, 2024 | |
2115 | - | (Enrolled version of Bill 25-545). | |
2116 | - | ||
2117 | - | TITLE III. FISCAL IMPACT STATEMENT ; EFFECTIVE DATE. | |
2118 | - | Sec. 301. Fiscal impact statement. | |
2119 | - | The Council adopts the fiscal impact statement in the committee report as the fiscal | |
2120 | - | impact statement required by section 4a of the General Legislative Procedures Act of 1975, | |
2121 | - | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). | |
2122 | - | ||
2123 | - | Sec. 302. Effective date. | |
2124 | - | This act shall take effect following approval by the Mayor (or in the event of veto by the | |
2125 | - | Mayor, action by the Council to override the veto) and a 30-day period of congressional review | |
2126 | - | ||
2127 | - | ||
2128 | - | ||
2129 | - | ||
2130 | - | ||
2131 | - | ||
2132 | - | ||
2133 | - | ||
2134 | - | ||
2135 | - | ||
2136 | - | ||
2137 | - | ENROLLED ORIGINAL | |
1236 | + | (ee) Section 504 (D.C. Official Code § 3-1205.04) is amended as follows: 947 | |
1237 | + | (1) Subsection (a) is amended by striking the phrase “Board of Medicine” and 948 | |
1238 | + | inserting the phrase “Board of Integrative Healthcare” in its place. 949 | |
1239 | + | (2) Subsection (b) is amended by striking the phrase “Board of Chiropractic” both 950 | |
1240 | + | times it appears and inserting the phrase “Board of Integrative Healthcare” in its place. 951 | |
1241 | + | (3) Subsection (d-2) is amended by striking the phrase “completed a minimum of 952 | |
1242 | + | 500 hours of training in massage therapy.” and inserting the phrase “completed the training in 953 | |
1243 | + | massage therapy required pursuant to rules promulgated by the Mayor.” in its place. 954 | |
1244 | + | (4) Subsection (e-1) is amended by striking the phrase “Board of Medicine” 955 | |
1245 | + | wherever it appears and inserting the phrase “Board of Integrative Healthcare” in its place. 956 | |
1246 | + | (5) Subsection (f)(1) is amended by striking the phrase “Board of Long-Term 957 | |
1247 | + | Care Administration” and inserting “Board of Nursing” in its place. 958 | |
1248 | + | (6) Subsection (g) is amended by striking the phrase “Board of Occupational 959 | |
1249 | + | Therapy” both times it appears and inserting the phrase “Board of Rehabilitative Therapies” in 960 | |
1250 | + | its place. 961 | |
1251 | + | (7) Subsection (j) is amended as follows: 962 | |
1252 | + | (A) Strike the phrase “physical therapy assistant” both times it appears and 963 | |
1253 | + | insert the phrase “physical therapist assistant” in its place. 964 | |
1254 | + | (B) Strike the phrase “Board of Physical Therapy” wherever it appears and 965 | |
1255 | + | insert the phrase “Board of Rehabilitative Therapies” in its place. 966 ENGROSSED ORIGINAL | |
2138 | 1256 | ||
2139 | 1257 | ||
2140 | 1258 | ||
2141 | 1259 | ||
2142 | 1260 | 49 | |
2143 | 1261 | ||
2144 | - | as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December | |
2145 | - | 24, 1973 (87 Stat. 813; D. C. Official Code § 1-206.02(c)(1)). | |
2146 | - | ||
2147 | - | ||
2148 | - | ||
2149 | - | ||
2150 | - | ______________________________ | |
2151 | - | Chairman | |
2152 | - | Council of the District of Columbia | |
2153 | - | ||
2154 | - | ||
2155 | - | ||
2156 | - | ||
2157 | - | ||
2158 | - | _________________________________ | |
2159 | - | Mayor | |
2160 | - | District of Columbia | |
2161 | - | ||
2162 | - | ||
2163 | - | ||
2164 | - | ||
1262 | + | (8) Subsection (o) is repealed. 967 | |
1263 | + | (9) Subsection (p) is amended as follows: 968 | |
1264 | + | (A) Strike the phrase “respiratory therapy” and insert the phrase 969 | |
1265 | + | “respiratory care” in its place. 970 | |
1266 | + | (B) Strike the phrase “Board of Respiratory Therapy” and insert the phrase 971 | |
1267 | + | “Board of Respiratory Care” in its place. 972 | |
1268 | + | (10) Subsection (t) is amended as follows: 973 | |
1269 | + | (A) Paragraph (1) is amended by striking the word “midwifery” and 974 | |
1270 | + | inserting the phrase “certified professional midwifery” in its place. 975 | |
1271 | + | (B) Paragraph (2) is amended by striking the word “midwifery” and 976 | |
1272 | + | inserting the phrase “certified professional midwifery” in its place. 977 | |
1273 | + | (11) A new subsection (v) is added to read as follows: 978 | |
1274 | + | “(v) For purposes of this section, references to the Board on Rehabilitative Therapies and 979 | |
1275 | + | Board of Integrative Healthcare prior to their commencement of operations pursuant to sections 980 | |
1276 | + | 223(e) and 224(f), respectively, shall refer to the board with regulatory authority over the 981 | |
1277 | + | respective health care profession prior to the effective date of the Health Occupations Revision 982 | |
1278 | + | General Amendment Act of 2024, as approved by the Committee on Health on March 21, 2024 983 | |
1279 | + | (Committee Print of Bill 25-545).”. 984 | |
1280 | + | (ff) Section 505 (D.C. Official Code § 3-1205.05) is amended as follows: 985 ENGROSSED ORIGINAL | |
1281 | + | ||
1282 | + | ||
1283 | + | ||
1284 | + | ||
1285 | + | 50 | |
1286 | + | ||
1287 | + | (1) Subsection (b) is amended by adding a new sentence at the end to read as 986 | |
1288 | + | follows “An individual who does not have a social security number shall submit with the 987 | |
1289 | + | application a sworn affidavit, under penalty of perjury, stating that he or she does not have a 988 | |
1290 | + | social security number.”. 989 | |
1291 | + | (2) New subsections (c), (d), and (e) are added to read as follows: 990 | |
1292 | + | “(c) While a post office box may be provided as the applicant’s preferred mailing 991 | |
1293 | + | address, an applicant shall provide their actual physical residential or business address for the 992 | |
1294 | + | record. 993 | |
1295 | + | “(d) An applicant shall have the burden of establishing that they meet the requirements 994 | |
1296 | + | for the license, registration, or certification sought. 995 | |
1297 | + | “(e) Any document or information required by this act or rule issued pursuant to this act 996 | |
1298 | + | to be submitted for the issuance or renewal of a license, registration, or certification may be 997 | |
1299 | + | submitted in electronic form in accordance with rules established by the Mayor.”. 998 | |
1300 | + | (gg) Section 507 (D.C. Official Code § 3-1205.07) is amended by adding a new 999 | |
1301 | + | subsection (c) to read as follows: 1000 | |
1302 | + | “(c) The Mayor may issue rules establishing standards and requirements by which a 1001 | |
1303 | + | board may assess and determine that an endorsement applicant possesses current competency 1002 | |
1304 | + | substantially equivalent to the competency standards required in the District, notwithstanding 1003 | |
1305 | + | that the applicant may not have been licensed, registered, certified, or accredited by an 1004 ENGROSSED ORIGINAL | |
1306 | + | ||
1307 | + | ||
1308 | + | ||
1309 | + | ||
1310 | + | 51 | |
1311 | + | ||
1312 | + | accrediting association or a state board under the standards that were substantially equivalent to 1005 | |
1313 | + | the District’s standards at the time of their licensure, registration, certification, or accreditation.”. 1006 | |
1314 | + | (hh) Section 508a (D.C. Official Code § 3-1205.08a) is amended to read as follows: 1007 | |
1315 | + | “Sec. 508a. Temporary license, registration, or certification. 1008 | |
1316 | + | “(a) A board may, in situations established by the Mayor through rulemaking, issue a 1009 | |
1317 | + | temporary license, registration, or certification for a health care profession to an applicant if the 1010 | |
1318 | + | applicant is licensed, registered, or certified and in good standing in another jurisdiction to 1011 | |
1319 | + | practice the same profession. 1012 | |
1320 | + | “(b) A temporary license, registration, or certification issued pursuant to this section shall 1013 | |
1321 | + | be valid for a fixed period of time established by the issuing board, subject to any limits as may 1014 | |
1322 | + | be established by the Mayor by rule. 1015 | |
1323 | + | “(c) For the purposes of this section, the term “in good standing” means that the applicant 1016 | |
1324 | + | has an active license and is not subject to any current public or private discipline, including 1017 | |
1325 | + | probation, suspension, revocation, or any other public or private practice restriction. 1018 | |
1326 | + | “(d) An applicant who previously held a license, registration or certification in the 1019 | |
1327 | + | District that was revoked or suspended shall be not eligible for a temporary license, registration, 1020 | |
1328 | + | or certification under this section.”. 1021 | |
1329 | + | (ii) Subsection 509(a)(2) (D.C. Official Code § 3-1205.09(a)(2)) is repealed. 1022 | |
1330 | + | (jj) Section 509a (D.C. Official Code § 3-1205.09a) is amended as follows: 1023 ENGROSSED ORIGINAL | |
1331 | + | ||
1332 | + | ||
1333 | + | ||
1334 | + | ||
1335 | + | 52 | |
1336 | + | ||
1337 | + | (1) Subsection (a) is amended by striking the phrase “the Board” and inserting the 1024 | |
1338 | + | phrase “the Board of Medicine” in its place. 1025 | |
1339 | + | (2) Subsection (b) is amended by striking the phrase “in any single year” and 1026 | |
1340 | + | inserting “in any single calendar year” in its place. 1027 | |
1341 | + | (3) Subsection (e)(4) is amended to read as follows: 1028 | |
1342 | + | “(4) All initial applicants shall pay a license fee of a minimum of $500.”. 1029 | |
1343 | + | (4) Subsection (g)(2) is amended by striking the phrase “a fee of $1,000,” and 1030 | |
1344 | + | inserting the phrase “a minimum fee of $1,000,” in its place. 1031 | |
1345 | + | (kk) Section 510 (D.C. Official Code § 3-1205.10) is amended as follows: 1032 | |
1346 | + | (1) Subsection (a) is amended to read as follows: 1033 | |
1347 | + | “(a) The term of a license, registration, or certification shall not exceed 2 years; 1034 | |
1348 | + | except, that the Mayor may by rule provide for a period of licensure, registration, or certification 1035 | |
1349 | + | of not more than 3 years. An expiring license, registration, or certification may be renewed in 1036 | |
1350 | + | accordance with rules issued by the Mayor.”. 1037 | |
1351 | + | (2) A new subsection (a-1) is added to read as follows: 1038 | |
1352 | + | “(a-1) The Mayor may require a health professional to maintain the required 1039 | |
1353 | + | qualifications for licensure, registration, or certification during the period of licensure, 1040 | |
1354 | + | registration, or certification or for the renewal of the license, registration, or certification.”. 1041 | |
1355 | + | (3) Subsection (b)(1) is repealed. 1042 | |
1356 | + | (4) Subsection (c) is amended as follows: 1043 ENGROSSED ORIGINAL | |
1357 | + | ||
1358 | + | ||
1359 | + | ||
1360 | + | ||
1361 | + | 53 | |
1362 | + | ||
1363 | + | (A) The lead-in language is amended by striking the phrase “by first class 1044 | |
1364 | + | mail” and inserting the phrase “by first class mail or electronic mail” in its place. 1045 | |
1365 | + | (B) Paragraph (2) is amended by striking the phrase “issued and mailed” 1046 | |
1366 | + | and inserting the word “issued” in its place. 1047 | |
1367 | + | (5) Subsection (d)(2) is amended by striking the semicolon and inserting the 1048 | |
1368 | + | phrase “pursuant to this act or rules promulgated under this act;” in its place. 1049 | |
1369 | + | (ll) Section 511 (D.C. Official Code § 3-1205.11) is amended as follows: 1050 | |
1370 | + | (1) Subsection (a) is amended by striking the phrase “on inactive status.” and 1051 | |
1371 | + | inserting the phrase “on inactive status; except, that, the license, registration, or certification of a 1052 | |
1372 | + | nursing assistive personnel, medical training licensee, medical training registrant, 1053 | |
1373 | + | polysomnographic technician, polysomnographic trainee, speech-language pathology clinical 1054 | |
1374 | + | fellow, or any health care professional as determined by the Mayor through rulemaking shall not 1055 | |
1375 | + | be eligible to be placed on inactive status.” in its place. 1056 | |
1376 | + | (2) Subsection (c) is amended to read as follows: 1057 | |
1377 | + | “(c) Each board shall, subject to the limitations specified in subsection (a) of this 1058 | |
1378 | + | section, issue a license, registration, or certification to an individual who is on inactive status and 1059 | |
1379 | + | who desires to resume the practice of a health occupation, if the individual: 1060 | |
1380 | + | “(1) Pays the fee established by the Mayor; 1061 | |
1381 | + | “(2) Seeks reactivation of the license, registration, or certification in 1062 | |
1382 | + | accordance with the rules governing the profession and complies with the continuing education 1063 ENGROSSED ORIGINAL | |
1383 | + | ||
1384 | + | ||
1385 | + | ||
1386 | + | ||
1387 | + | 54 | |
1388 | + | ||
1389 | + | and criminal background check requirements in effect when the licensee, registrant, or person 1064 | |
1390 | + | certified seeks to reactivate their license, registration, or certification; and 1065 | |
1391 | + | “(3) Establishes to the satisfaction of the board that regulates the 1066 | |
1392 | + | profession that they possess the current competency to practice their health profession safely and 1067 | |
1393 | + | effectively, which may include compliance with a re-entry plan for individuals who have not 1068 | |
1394 | + | actively practiced their profession for a period of time as established by rule.”. 1069 | |
1395 | + | (3) A new subsection (d) is added to read as follows: 1070 | |
1396 | + | “(d) The Mayor may establish by rule a maximum amount of time that a license, 1071 | |
1397 | + | registration, or certification may remain inactive in accordance with each health care 1072 | |
1398 | + | profession’s standards.”. 1073 | |
1399 | + | (mm) A new section 511a is added to read as follows: 1074 | |
1400 | + | “Sec. 511a. Emeritus status. 1075 | |
1401 | + | “(a) The Mayor may issue rules permitting emeritus status for a licensee, registrant, or 1076 | |
1402 | + | certificate holder who meets the following requirements: 1077 | |
1403 | + | “(1) The person has at least 10 years of relevant licensed, registered, or certified 1078 | |
1404 | + | practice in the District; 1079 | |
1405 | + | “(2) The person provides a declaration of retirement from active practice in all 1080 | |
1406 | + | jurisdictions in which the person is licensed, registered, or certified; 1081 | |
1407 | + | “(3) The person is not the subject of disciplinary action in any jurisdiction; and 1082 ENGROSSED ORIGINAL | |
1408 | + | ||
1409 | + | ||
1410 | + | ||
1411 | + | ||
1412 | + | 55 | |
1413 | + | ||
1414 | + | “(4) The person has had no prior revocation or suspension of their license, 1083 | |
1415 | + | registration, or certification in any jurisdiction. 1084 | |
1416 | + | “(b) An individual holding emeritus status permits the holder to refer to themself by the 1085 | |
1417 | + | title of their license, registration, or certification but may not: 1086 | |
1418 | + | “(1) Engage in active practice of that health profession in the District or any other 1087 | |
1419 | + | jurisdiction; or 1088 | |
1420 | + | “(2) Either explicitly or implicitly hold themself out to others as a person permitted 1089 | |
1421 | + | to engage in active practice of that health profession. 1090 | |
1422 | + | “(c) The board may cancel an emeritus license, registration, or certificate for failure to 1091 | |
1423 | + | meet the requirements of subsections (a) or (b) of this section. 1092 | |
1424 | + | “(d) The board may take disciplinary action against an emeritus status holder for 1093 | |
1425 | + | violations of sections 501 or 514. 1094 | |
1426 | + | “(e) An emeritus status holder may apply to change to an active license, registration, or 1095 | |
1427 | + | certification status within 5 years after the date emeritus status was granted by: 1096 | |
1428 | + | “(1) Paying the fee established by the Mayor; 1097 | |
1429 | + | “(2) Complying with the continuing education requirements in effect when the 1098 | |
1430 | + | emeritus holder seeks to return to active license, registration, or certification status; 1099 | |
1431 | + | “(3) Complying with any other current requirements for the reactivation of a 1100 | |
1432 | + | license, registration, or certification; and 1101 ENGROSSED ORIGINAL | |
1433 | + | ||
1434 | + | ||
1435 | + | ||
1436 | + | ||
1437 | + | 56 | |
1438 | + | ||
1439 | + | “(4) Establishing to the board’s satisfaction that they possess the current 1102 | |
1440 | + | competency to practice their health profession. 1103 | |
1441 | + | “(f) An emeritus status holder may not return to active license, registration, or 1104 | |
1442 | + | certification more than 5 years after the grant of the emeritus status except by submitting an 1105 | |
1443 | + | application for a new license, registration, or certification and establishing to the satisfaction of 1106 | |
1444 | + | the board that they qualify for the license, registration, or certification and possess current 1107 | |
1445 | + | competency to practice that profession.”. 1108 | |
1446 | + | (nn) Section 512 (D.C. Official Code § 3-1205.12) is amended as follows: 1109 | |
1447 | + | (1) Subsection (a) is amended as follows: 1110 | |
1448 | + | (A) The lead-in language to subsection (a) is amended to read as follows 1111 | |
1449 | + | “(a) Except as otherwise provided in subsections (b), (c), and (d) of this section, if a 1112 | |
1450 | + | health professional fails for any reason to renew the license, registration, or certification issued 1113 | |
1451 | + | under this title prior to the expiration date or during the period of late renewal, the board 1114 | |
1452 | + | regulating the health occupation shall reinstate the license, registration, or certification, if the 1115 | |
1453 | + | health professional:”. 1116 | |
1454 | + | (B) Paragraph (2) is amended to read as follows: 1117 | |
1455 | + | “(2) Complies with the current requirements for reinstatement of a license, 1118 | |
1456 | + | registration, or certification as specified by this act and rules;”. 1119 | |
1457 | + | (2) Subsection (b) is amended to read as follows: 1120 ENGROSSED ORIGINAL | |
1458 | + | ||
1459 | + | ||
1460 | + | ||
1461 | + | ||
1462 | + | 57 | |
1463 | + | ||
1464 | + | “(b) The board shall not reinstate the license, registration, or certification of a health 1121 | |
1465 | + | professional who fails to apply for reinstatement of a license, registration, or certification within 1122 | |
1466 | + | 5 years after the license, registration, or certification expires. The health professional may 1123 | |
1467 | + | become licensed, registered, or certified by meeting the requirements for a new application as 1124 | |
1468 | + | specified by rule.”. 1125 | |
1469 | + | (3) New subsections (c) and (d) are added to read as follows: 1126 | |
1470 | + | “(c) Any individual who has not been in the active practice of his or her health profession 1127 | |
1471 | + | for more than 2 years preceding the date of the reinstatement application may be required, 1128 | |
1472 | + | pursuant to rule, to submit proof satisfactory to the board of their competency to practice, which 1129 | |
1473 | + | may include training, testing, or practice monitoring as determined by the board. 1130 | |
1474 | + | “(d) A registration or certification of a nursing assistive personnel that has expired and is 1131 | |
1475 | + | not renewed may not be reinstated except as may be provided in rules issued by the Mayor.”. 1132 | |
1476 | + | (oo) Section 513(a)(4) (D.C. Official Code § 3-1205.13(a)(4)) is amended as follows: 1133 | |
1477 | + | (1) Subparagraph (A) is amended to read as follows: 1134 | |
1478 | + | “(A) Change of email address, address of the place of residence, or 1135 | |
1479 | + | address of the place of business or employment within 30 days after the relevant change;”. 1136 | |
1480 | + | (2) Subparagraph (C) is amended to read as follows: 1137 | |
1481 | + | “(C) Adverse event meeting the requirements of section 9 of the Health-1138 | |
1482 | + | Care and Community Residence Facility Hospice and Home Care Licensure Act of 1983, 1139 ENGROSSED ORIGINAL | |
1483 | + | ||
1484 | + | ||
1485 | + | ||
1486 | + | ||
1487 | + | 58 | |
1488 | + | ||
1489 | + | effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-508), within the time 1140 | |
1490 | + | specified by that section.”. 1141 | |
1491 | + | (pp) Section 514 (D.C. Official Code § 3-1205.14) is amended as follows: 1142 | |
1492 | + | (1) Subsection (a) is amended as follows: 1143 | |
1493 | + | (A) The lead-in language is amended by striking the phrase “, an applicant 1144 | |
1494 | + | to establish or operate a school of nursing or nursing program,” and inserting a comma in its 1145 | |
1495 | + | place. 1146 | |
1496 | + | (B) Paragraph (3) is amended to read as follows: 1147 | |
1497 | + | “(3) Is disciplined by a licensing, disciplinary, or regulatory authority, 1148 | |
1498 | + | professional interstate compact, or peer review body, has entered into a Corporate Integrity 1149 | |
1499 | + | Agreement or other agreement with the federal government in lieu of legal sanction, or is 1150 | |
1500 | + | convicted or disciplined by a court of any jurisdiction for conduct that would be grounds for 1151 | |
1501 | + | disciplinary action under this section; for the purposes of this paragraph, the term “convicted” 1152 | |
1502 | + | means the entry of a finding of guilt by a judge or jury, or the acceptance or entry of a guilty 1153 | |
1503 | + | plea, a judgment, or any admission of guilt, including a plea of nolo contendere, an Alford plea, 1154 | |
1504 | + | deferred sentence, or deferred judgment;”. 1155 | |
1505 | + | (C) Paragraph (19) is amended to read as follows: 1156 | |
1506 | + | “(19) Prescribes, dispenses, takes, acquires, appropriates for one’s own or 1157 | |
1507 | + | another’s use, or administers drugs when not authorized to do so;”. 1158 | |
1508 | + | (D) Paragraph (20) is amended to read as follows: 1159 ENGROSSED ORIGINAL | |
1509 | + | ||
1510 | + | ||
1511 | + | ||
1512 | + | ||
1513 | + | 59 | |
1514 | + | ||
1515 | + | “(20) Fails to exercise appropriate supervision over persons who are authorized to 1160 | |
1516 | + | practice only under the supervision of the licensee, registrant, or certificate holder;”. 1161 | |
1517 | + | (E) Paragraph (25) is amended by striking the phrase “, or fails to conduct 1162 | |
1518 | + | business with honesty and fair dealing with employees or students in his or her school of nursing 1163 | |
1519 | + | or nursing program, the District of Columbia, a state, the federal government, or the public;” and 1164 | |
1520 | + | inserting a semicolon in its place. 1165 | |
1521 | + | (F) A new paragraph (26A) is added to read as follows: 1166 | |
1522 | + | “(26A) Performs treatments or services without informed consent by the patient, 1167 | |
1523 | + | client, or his or her legal representative, except as provided under section 1 of An Act to relieve 1168 | |
1524 | + | physicians of liability negligent medical treatment at the scene of an accident in the District of 1169 | |
1525 | + | Columbia, approved November 8, 1965 (79 Stat. 1302; D.C. Official Code § 7-401);”. 1170 | |
1526 | + | (G) Paragraph (27) is amended by striking the phrase “negotiated 1171 | |
1527 | + | settlement” and inserting the phrase “negotiated settlement agreement” in its place. 1172 | |
1528 | + | (H) Paragraph (30) is amended by striking the semicolon and inserting the 1173 | |
1529 | + | phrase “, or without the withdrawing health professional providing a referral or list of alternative 1174 | |
1530 | + | providers;” in its place. 1175 | |
1531 | + | (I) A new paragraph (30A) is added to read as follows: 1176 | |
1532 | + | “(30A) Neglects or verbally or physically abuses a patient or client; for the 1177 | |
1533 | + | purposes of this paragraph, the term “verbal abuse” includes yelling, screaming, shouting, 1178 | |
1534 | + | threats, intimidation, insulting, or name calling by the health professional or by his or her staff;”. 1179 ENGROSSED ORIGINAL | |
1535 | + | ||
1536 | + | ||
1537 | + | ||
1538 | + | ||
1539 | + | 60 | |
1540 | + | ||
1541 | + | (J) Paragraph (32) is amended by striking the phrase “HIV positive;” and 1180 | |
1542 | + | inserting the phrase “HIV positive or is regarded as HIV positive;” in its place. 1181 | |
1543 | + | (K) Paragraph (51) is amended by striking the phrase “; or” and inserting a 1182 | |
1544 | + | semicolon in its place. 1183 | |
1545 | + | (L) Paragraph (52) is amended by striking the period at the end and 1184 | |
1546 | + | inserting a semicolon in its place. 1185 | |
1547 | + | (M) New paragraphs (53), (54), and (55) are added to read as follows: 1186 | |
1548 | + | “(53) Engages in conduct in their practice that is unprofessional or creates a 1187 | |
1549 | + | deleterious impact on the public’s impression of the profession, or that denies a patient or client 1188 | |
1550 | + | an atmosphere of safety and health while undergoing treatment; 1189 | |
1551 | + | “(54) Allows staff or persons under their supervision or employment to engage in 1190 | |
1552 | + | conduct that is unprofessional in their interaction with patients or clients; or 1191 | |
1553 | + | “(55) Fails to maintain the minimum requirements for licensure, registration, or 1192 | |
1554 | + | certification during the period of licensure, registration or certification.”. 1193 | |
1555 | + | (2) Subsection (c) is amended as follows: 1194 | |
1556 | + | (A) Paragraph (1) is amended by striking the phrase “or an application to 1195 | |
1557 | + | establish a school of nursing or nursing program;” and inserting a semicolon in its place. 1196 | |
1558 | + | (B) Paragraph (4) is amended by striking the semicolon and inserting the 1197 | |
1559 | + | phrase “; provided, that the reprimand may subsequently be removed from the individual’s 1198 | |
1560 | + | record upon approval by the board as authorized by rule;” in its place. 1199 ENGROSSED ORIGINAL | |
1561 | + | ||
1562 | + | ||
1563 | + | ||
1564 | + | ||
1565 | + | 61 | |
1566 | + | ||
1567 | + | (C) Paragraph (7) is amended by striking the phrase “; or” and inserting a 1200 | |
1568 | + | semicolon in its place. 1201 | |
1569 | + | (D) Paragraph (8) is amended by striking the period at the end and 1202 | |
1570 | + | inserting the phrase “; or” in its place. 1203 | |
1571 | + | (E) A new paragraph (9) is added to read as follows: 1204 | |
1572 | + | “(9) Limit or restrict the practice of the person.”. 1205 | |
1573 | + | (qq) New sections 514a and 514b are added to read as follows: 1206 | |
1574 | + | “Sec. 514a. Negotiated settlement agreement. 1207 | |
1575 | + | “(a) A board may, in its discretion, enter into a non-disciplinary settlement agreement 1208 | |
1576 | + | with a person in lieu of disciplinary action; provided, that the conduct underlying the agreement 1209 | |
1577 | + | meets the following requirements: 1210 | |
1578 | + | “(1) The board is satisfied that there is little or no harm or substantive possibility 1211 | |
1579 | + | of future harm to a client, patient, or the public; 1212 | |
1580 | + | “(2) The board determines that the conduct involves issues of minor concern; and 1213 | |
1581 | + | “(3) The matter does not involve gross negligence, intentional misconduct, or 1214 | |
1582 | + | criminal conduct by the party or entity. 1215 | |
1583 | + | “(b) A non-disciplinary settlement agreement shall not constitute a disciplinary action, 1216 | |
1584 | + | but the conduct underlying the agreement may be considered in the board’s review of future 1217 | |
1585 | + | conduct of a similar nature.”. 1218 ENGROSSED ORIGINAL | |
1586 | + | ||
1587 | + | ||
1588 | + | ||
1589 | + | ||
1590 | + | 62 | |
1591 | + | ||
1592 | + | “Sec. 514b. Disciplinary or adverse action against nursing education or nursing assistive 1219 | |
1593 | + | personnel training programs. 1220 | |
1594 | + | “(a) The Board of Nursing, subject to the right to a hearing provided by section 519, may 1221 | |
1595 | + | deny or withdraw approval of a nursing education program or a nursing assistive personnel 1222 | |
1596 | + | training program, if: 1223 | |
1597 | + | “(1) The program fails to meet the standards established by the Mayor through 1224 | |
1598 | + | rulemaking; 1225 | |
1599 | + | “(2) The program, or an individual responsible for the program, fails to conduct 1226 | |
1600 | + | its business with honesty and fair dealing toward its employees, its students, the government, or 1227 | |
1601 | + | the public; 1228 | |
1602 | + | “(3) The program, or an individual responsible for the program, has engaged or 1229 | |
1603 | + | attempted to engage in falsification of documents or records; 1230 | |
1604 | + | “(4) The program, or an individual responsible for the program, fraudulently or 1231 | |
1605 | + | deceptively obtains or attempts to obtain approval of a program; or 1232 | |
1606 | + | “(5) The program, or an individual responsible for the program, has violated any 1233 | |
1607 | + | applicable District law or regulation.”. 1234 | |
1608 | + | (rr) Section 517(b) (D.C. Official Code § 3-1205.17(b)) is amended by striking the phrase 1235 | |
1609 | + | “revoking or suspending the license,” and inserting the phrase “revoking, suspending, or 1236 | |
1610 | + | accepting the surrender of the license,” in its place. 1237 | |
1611 | + | (ss) Section 519 (D.C. Official Code § 3-1205.19) is amended as follows: 1238 ENGROSSED ORIGINAL | |
1612 | + | ||
1613 | + | ||
1614 | + | ||
1615 | + | ||
1616 | + | 63 | |
1617 | + | ||
1618 | + | (1) A new subsection (a-2) is added to read as follows: 1239 | |
1619 | + | “(a-2) Before the Board of Nursing takes an action pursuant to section 514b, it 1240 | |
1620 | + | shall give the program or operator of the program an opportunity for a hearing before the Board 1241 | |
1621 | + | in accordance with this section.”. 1242 | |
1622 | + | (2) Subsection (b) is amended by striking the phrase “or person certified” and 1243 | |
1623 | + | inserting the phrase “person certified, or person or entity operating a nursing education or 1244 | |
1624 | + | nursing assistive personnel training program” in its place. 1245 | |
1625 | + | (tt) Section 522(a) (D.C. Official Code § 3-1205.22(a)) is amended to read as follows: 1246 | |
1626 | + | “(a) No initial, reactivated, or reinstated license, registration, or certification shall be 1247 | |
1627 | + | issued to a health professional before a criminal background check has been conducted for that 1248 | |
1628 | + | person. The applicant for a license, registration, or certification shall pay the fee established by 1249 | |
1629 | + | the Mayor for the criminal background check. The Mayor may require, by rule, that a criminal 1250 | |
1630 | + | background check be conducted for the renewal of a license, registration, or certification, and a 1251 | |
1631 | + | fee for such criminal background check.”. 1252 | |
1632 | + | (uu) A new section 525 is added to read as follows: 1253 | |
1633 | + | “Sec. 525. Disciplinary records. 1254 | |
1634 | + | “(a) Consent Orders, Final Orders, and Notices of Summary Suspensions issued pursuant 1255 | |
1635 | + | to this act shall be considered public documents and posted on the Department of Health’s 1256 | |
1636 | + | website; provided that these documents may be redacted for purposes of protecting private or 1257 ENGROSSED ORIGINAL | |
1637 | + | ||
1638 | + | ||
1639 | + | ||
1640 | + | ||
1641 | + | 64 | |
1642 | + | ||
1643 | + | otherwise confidential information and may only be disclosed in unredacted form in accordance 1258 | |
1644 | + | with a District or federal law or regulation. 1259 | |
1645 | + | “(b) Medical records, Orders for Fitness to Practice Evaluations, or other types of 1260 | |
1646 | + | physical and mental evaluations, and the resulting reports, shall not be disclosed and shall be 1261 | |
1647 | + | exempt from disclosure under the Freedom of Information Act of 1976, effective March 31, 1977 1262 | |
1648 | + | (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.). 1263 | |
1649 | + | “(c) Notwithstanding any other provision of law, the Director of the Department of 1264 | |
1650 | + | Health may provide information regarding a past or pending investigation of, or disciplinary 1265 | |
1651 | + | action against, any licensee, registrant, or certificate holder, or applicant for licensure, 1266 | |
1652 | + | registration, or certification by that board to any District licensing authority or a licensing 1267 | |
1653 | + | authority of any jurisdiction, upon request; except, that this authorization shall not apply to 1268 | |
1654 | + | information that is deemed confidential under subsection (b) of this section. Nothing in this act 1269 | |
1655 | + | shall limit the authority of the Director to disclose to any person or entity information concerning 1270 | |
1656 | + | the existence of any investigation for unlicensed practice being conducted against any person 1271 | |
1657 | + | who is neither licensed, registered, or certified, nor an applicant for licensure, registration, or 1272 | |
1658 | + | certification.”. 1273 | |
1659 | + | (vv) Section 601(a) (D.C. Official Code § 3-1206.01(a)) is amended by striking the 1274 | |
1660 | + | phrase “by this title.” and inserting the phrase “by this title and any rules promulgated pursuant 1275 | |
1661 | + | to this title.” in its place. 1276 | |
1662 | + | (ww) Section 603 (D.C. Official Code § 3-1206.03) is repealed. 1277 ENGROSSED ORIGINAL | |
1663 | + | ||
1664 | + | ||
1665 | + | ||
1666 | + | ||
1667 | + | 65 | |
1668 | + | ||
1669 | + | (xx) Subsection 604(4) (D.C. Official Code § 3-1206.04(4)) is amended by striking the 1278 | |
1670 | + | word “board” and inserting the word “Mayor” in its place. 1279 | |
1671 | + | (yy) A new section 605a is added to read as follows: 1280 | |
1672 | + | “Sec. 605a. Certified registered nurse anesthetist. 1281 | |
1673 | + | “In addition to the functions authorized in section 604, a certified registered nurse 1282 | |
1674 | + | anesthetist may plan and deliver anesthesia, pain management, and related care to patients or 1283 | |
1675 | + | clients of all health complexities across the lifespan. This practice incorporates the use of 1284 | |
1676 | + | independent judgement as well as collaborative interaction with other health care professionals.”. 1285 | |
1677 | + | (zz) A new section 606a is added to read as follows: 1286 | |
1678 | + | “Sec. 606a. Certified nurse-midwife. 1287 | |
1679 | + | “In addition to the functions authorized section 604, a certified nurse-midwife may 1288 | |
1680 | + | provide primary care, gynecologic and family planning services, preconception care, care during 1289 | |
1681 | + | pregnancy, childbirth, and the post-partum period, care of the healthy newborn during the first 28 1290 | |
1682 | + | days of the newborn’s life, and treatment of partners for sexually transmitted infections.”. 1291 | |
1683 | + | (aaa) New sections 607a and 607b are added to read as follows: 1292 | |
1684 | + | “Sec. 607a. Certified nurse practitioner. 1293 | |
1685 | + | “In addition to the functions authorized under section 604, a certified nurse practitioner 1294 | |
1686 | + | may provide a full range of primary, acute, and specialty healthcare services, including: 1295 | |
1687 | + | “(1) Ordering, performing and interpreting diagnostic tests such as lab work and 1296 | |
1688 | + | x-rays; 1297 ENGROSSED ORIGINAL | |
1689 | + | ||
1690 | + | ||
1691 | + | ||
1692 | + | ||
1693 | + | 66 | |
1694 | + | ||
1695 | + | “(2) Diagnosing and treating acute and chronic conditions such as diabetes, high 1298 | |
1696 | + | blood pressure, infections, and injuries; 1299 | |
1697 | + | “(3) Prescribing medications and other treatments; 1300 | |
1698 | + | “(4) Managing patients’ or clients’ overall care; 1301 | |
1699 | + | “(5) Counseling; 1302 | |
1700 | + | “(6) Educating patients on disease prevention and positive health and lifestyle 1303 | |
1701 | + | choices; and 1304 | |
1702 | + | “(7) Any other functions and roles as may be prescribed by rules. 1305 | |
1703 | + | “Sec. 607b. Certified clinical nurse specialist. 1306 | |
1704 | + | “(a) In addition to the functions authorized under section 604, a certified clinical nurse 1307 | |
1705 | + | specialist may provide the services described in subsection (b) of this section related to specific 1308 | |
1706 | + | specialties, including: 1309 | |
1707 | + | “(1) Populations, such as pediatrics, geriatrics, or women’s health; 1310 | |
1708 | + | “(2) Settings, such as critical care or the emergency room; 1311 | |
1709 | + | “(3) Diseases or medical subspecialties, such as diabetes or oncology; 1312 | |
1710 | + | “(4) Types of care, such as psychiatric or rehabilitation; and 1313 | |
1711 | + | “(5) Types of problem, such as pain, wounds, and stress. 1314 | |
1712 | + | “(b) A clinical nurse specialist may provide diagnosis, treatment, and ongoing 1315 | |
1713 | + | management of patients or clients, through: 1316 ENGROSSED ORIGINAL | |
1714 | + | ||
1715 | + | ||
1716 | + | ||
1717 | + | ||
1718 | + | 67 | |
1719 | + | ||
1720 | + | “(1) Providing for the continuous improvement of patient or client outcomes and 1317 | |
1721 | + | nursing care; 1318 | |
1722 | + | “(2) Practicing within the core competencies and behaviors specified by the 1319 | |
1723 | + | National Association of Clinical Nurse Specialists or other national certifying body recognized 1320 | |
1724 | + | by the Board; 1321 | |
1725 | + | “(3) Creating therapeutic environments through mentoring and system changes; 1322 | |
1726 | + | “(4) Practicing with individual clients, families, groups, and populations of 1323 | |
1727 | + | clients; and 1324 | |
1728 | + | “(5) Any other functions and roles prescribed by rules.”. 1325 | |
1729 | + | (bbb) A new section 608a is added to read as follows: 1326 | |
1730 | + | “Sec. 608a. Qualifications, certification. 1327 | |
1731 | + | “(a) In addition to the general qualifications for licensure set forth in Title V, and any 1328 | |
1732 | + | requirements the Mayor may establish by rule, a certified registered nurse anesthetist shall: 1329 | |
1733 | + | “(1) Be a registered nurse holding a current, valid license pursuant to this act and 1330 | |
1734 | + | be in good standing with no action pending or in effect against his or her license; 1331 | |
1735 | + | “(2) Possess at least a master’s degree from a program accredited by the Council 1332 | |
1736 | + | on Accreditation of Nurse Anesthesia Educational Programs; and 1333 | |
1737 | + | “(3) Successfully complete the National Certification Examination administered 1334 | |
1738 | + | by the National Board of Certification and Recertification for Nurse-Anesthetists (“NBCRNA”) 1335 | |
1739 | + | and hold current NBCRNA certification. 1336 ENGROSSED ORIGINAL | |
1740 | + | ||
1741 | + | ||
1742 | + | ||
1743 | + | ||
1744 | + | 68 | |
1745 | + | ||
1746 | + | “(b) In addition to the general qualifications for licensure set forth in Title V, and any 1337 | |
1747 | + | requirements the Mayor may establish by rule, a certified nurse-midwife shall: 1338 | |
1748 | + | “(1) Be a registered nurse holding a current, valid license pursuant to this act and 1339 | |
1749 | + | be in good standing with no action pending or in effect against his or her license; 1340 | |
1750 | + | “(2) Possess at least a master’s degree from a program accredited by the 1341 | |
1751 | + | Accreditation Commission for Midwifery Education; and 1342 | |
1752 | + | “(3) Successfully complete the certification examination administered by the 1343 | |
1753 | + | American Midwifery Certification Board (“AMBC”) and hold current AMBC certification as a 1344 | |
1754 | + | Certified Nurse-Midwife. 1345 | |
1755 | + | “(c) In addition to the general qualifications for licensure set forth in Title V, and any 1346 | |
1756 | + | requirements the Mayor may establish by rule, a certified nurse practitioner shall: 1347 | |
1757 | + | “(1) Be a registered nurse holding a current, valid license pursuant to this act and 1348 | |
1758 | + | be in good standing with no action pending or in effect against his or her license; 1349 | |
1759 | + | “(2) Possess at least a Master of Science in Nursing from a program accredited by 1350 | |
1760 | + | a national nursing organization recognized by the Board of Nursing; and 1351 | |
1761 | + | “(3) Successfully complete a national certification examination administered by a 1352 | |
1762 | + | national nurse practitioner certifying organization recognized by the Board of Nursing and hold a 1353 | |
1763 | + | current certification in the relevant population focus. 1354 | |
1764 | + | “(d) In addition to the general qualifications for licensure set forth in Title V, and any 1355 | |
1765 | + | requirements the Mayor may establish by rule, a clinical nurse specialist shall: 1356 ENGROSSED ORIGINAL | |
1766 | + | ||
1767 | + | ||
1768 | + | ||
1769 | + | ||
1770 | + | 69 | |
1771 | + | ||
1772 | + | “(1) Be a registered nurse holding a current, valid license pursuant to this act and 1357 | |
1773 | + | be in good standing with no action pending or in effect against his or her license; 1358 | |
1774 | + | “(2) Possess at least a Master of Science in Nursing from a program accredited by 1359 | |
1775 | + | a national nursing organization recognized by the Board of Nursing; and 1360 | |
1776 | + | “(3) Successfully complete a national certification examination administered by a 1361 | |
1777 | + | national nurse practitioner certifying organization recognized by the Board of Nursing and hold 1362 | |
1778 | + | current certification in the relevant population focus.”. 1363 | |
1779 | + | (ccc) Section 621 (D.C. Official Code § 3-1206.21) is amended as follows: 1364 | |
1780 | + | (1) Subsection (a) is amended as follows: 1365 | |
1781 | + | (A) Paragraph (2) is amended by striking the phrase “physiological 1366 | |
1782 | + | function tests.” and inserting the phrase “physiological function tests; and” in its place. 1367 | |
1783 | + | (B) A new paragraph (3) is added to read as follows: 1368 | |
1784 | + | “(3) Prescribe from a formulary listing of natural remedies to be used in the 1369 | |
1785 | + | practice of naturopathic medicine that has been approved by the Board of Integrative Healthcare 1370 | |
1786 | + | and the Board of Medicine.”. 1371 | |
1787 | + | (2) Subsection (b)(4) is amended as follows: 1372 | |
1788 | + | (A) Subparagraph (A) is amended by striking the phrase “Advisory 1373 | |
1789 | + | Committee on Naturopathic Medicine, Board of Medicine,” and inserting the phrase “Board of 1374 | |
1790 | + | Integrative Healthcare,” in its place. 1375 ENGROSSED ORIGINAL | |
1791 | + | ||
1792 | + | ||
1793 | + | ||
1794 | + | ||
1795 | + | 70 | |
1796 | + | ||
1797 | + | (B) Subparagraph (B) is amended by striking the phrase “Advisory 1376 | |
1798 | + | Committee on Naturopathic Medicine;” and inserting the phrase “Board of Integrative 1377 | |
1799 | + | Healthcare;” in its place. 1378 | |
1800 | + | (ddd) Section 701 (D.C. Official Code § 3-1207.01) is amended as follows: 1379 | |
1801 | + | (1) Subsection (a) is amended as follows: 1380 | |
1802 | + | (A) The lead-in language is amended by striking the phrase “a dietitian 1381 | |
1803 | + | shall:” and inserting the phrase “a person may qualify for a dietitian license under this section 1382 | |
1804 | + | by:” in its place. 1383 | |
1805 | + | (B) Paragraphs (1) and (2) are amended to read as follows: 1384 | |
1806 | + | “(1) Being credentialed in good standing by the Commission on Dietetic 1385 | |
1807 | + | Registration as a registered dietitian before the effective date of the Health Occupations Revision 1386 | |
1808 | + | General Amendment Act of 2024, as approved by the Committee on Health on March 21, 2024 1387 | |
1809 | + | (Committee Print of Bill 25-545); or 1388 | |
1810 | + | “(2) Meeting the following requirements: 1389 | |
1811 | + | “(A) Holding a master’s or higher degree from a school, college, or 1390 | |
1812 | + | university that was approved by the accrediting body recognized by the Council on 1391 | |
1813 | + | Postsecondary Accreditation or the United States Department of Education at the time the degree 1392 | |
1814 | + | was conferred with completion of a program of study accredited by the Accreditation Council for 1393 | |
1815 | + | Education in Nutrition and Dietetics; 1394 ENGROSSED ORIGINAL | |
1816 | + | ||
1817 | + | ||
1818 | + | ||
1819 | + | ||
1820 | + | 71 | |
1821 | + | ||
1822 | + | “(B) Successfully completing the dietitian certification examination of the 1395 | |
1823 | + | Commission on Dietetic Registration of the Academy of Nutrition and Dietetics and be 1396 | |
1824 | + | credentialed in good standing by the Commission on Dietetic Registration as a registered 1397 | |
1825 | + | dietitian; and 1398 | |
1826 | + | “(C) Successfully completing a supervised practice experience in dietetics 1399 | |
1827 | + | and nutrition accredited by the Accreditation Council for Education in Nutrition and Dietetics.”. 1400 | |
1828 | + | (2) Subsection (c) is amended as follows: 1401 | |
1829 | + | (A) The lead-in language is amended to read as follows: 1402 | |
1830 | + | “(c) A person may qualify for a nutritionist license if, in addition to the general 1403 | |
1831 | + | qualifications for licensure set forth in Title V, and any requirements the Mayor may establish by 1404 | |
1832 | + | rule, the person:”. 1405 | |
1833 | + | (B) Paragraph (1) is amended by striking the word “Hold” and inserting 1406 | |
1834 | + | the word “Holds” in its place. 1407 | |
1835 | + | (C) Paragraph (2) is amended to read as follows: 1408 | |
1836 | + | “(2) Has successfully completed the Certification Examination for Nutrition 1409 | |
1837 | + | Specialists offered by the Board for Certification of Nutrition Specialists or another examination 1410 | |
1838 | + | designated by the Mayor through rules.”. 1411 | |
1839 | + | (eee) Section 710 (D.C. Official Code § 3-1207.10) is amended to read as follows: 1412 | |
1840 | + | “Sec. 710. Qualifications for licensure. 1413 ENGROSSED ORIGINAL | |
1841 | + | ||
1842 | + | ||
1843 | + | ||
1844 | + | ||
1845 | + | 72 | |
1846 | + | ||
1847 | + | “(a) The Board of Professional Counseling shall license as a professional counselor a 1414 | |
1848 | + | person who, in addition to meeting the requirements of Title V and any requirements the Mayor 1415 | |
1849 | + | may establish by rule, has satisfactorily passed the national examination adopted by the Board, 1416 | |
1850 | + | possesses a master’s degree in counseling or a related subject from an accredited college or 1417 | |
1851 | + | university consisting of at least 60 hours of postgraduate education, and has completed 2 years of 1418 | |
1852 | + | supervised counseling experience. 1419 | |
1853 | + | “(b) The Board of Professional Counseling shall license as a graduate professional 1420 | |
1854 | + | counselor a person who, in addition to meeting the requirements of Title V and any requirements 1421 | |
1855 | + | the Mayor may establish by rule, has satisfactorily completed the national examination adopted 1422 | |
1856 | + | by the Board and possesses a master’s degree in counseling or a related subject from an 1423 | |
1857 | + | accredited college or university, consisting of at least 48 hours of graduate education. 1424 | |
1858 | + | “(c) The Board of Professional Counseling may license, by endorsement, a professional 1425 | |
1859 | + | counselor who, in addition to meeting the requirements of Title V and any requirements the 1426 | |
1860 | + | Mayor may establish by rule, is currently licensed in another state in good standing and has: 1427 | |
1861 | + | “(1) Engaged in independent professional counseling practice providing clinical 1428 | |
1862 | + | counseling for at least 5 years pursuant to such license; or 1429 | |
1863 | + | “(2) Held an independent professional counseling license for at least 3 years and 1430 | |
1864 | + | possesses the National Certified Counseling credential issued by the National Board of Certified 1431 | |
1865 | + | Counselors.”. 1432 | |
1866 | + | (fff) Section 755 (D.C. Official Code § 3-1207.55) is amended as follows: 1433 ENGROSSED ORIGINAL | |
1867 | + | ||
1868 | + | ||
1869 | + | ||
1870 | + | ||
1871 | + | 73 | |
1872 | + | ||
1873 | + | (1) A new subsection (a-1) is added to read as follows: 1434 | |
1874 | + | “(a-1) A registered pharmacy technician may administer immunizations and vaccinations 1435 | |
1875 | + | in accordance with the Centers for Disease Control and Prevention’s published guidelines and 1436 | |
1876 | + | recommended immunization schedules for adults aged 18 and older with valid identification, 1437 | |
1877 | + | adolescents and children aged 3 through 17 with written informed parental consent or without 1438 | |
1878 | + | consent if authorized by District law, and the administration of immunizations and vaccinations 1439 | |
1879 | + | to any individual pursuant to a valid prescription under the direct supervision of a pharmacist 1440 | |
1880 | + | licensed under this act; provided, that the registered pharmacy technician complies with all 1441 | |
1881 | + | requirements under the rules issued by the Mayor.”. 1442 | |
1882 | + | (2) Subsection (b) is amended by striking paragraph (7). 1443 | |
1883 | + | (ggg) Title VII-F is repealed. 1444 | |
1884 | + | (hhh) A new Title VII-G is added to read as follows: 1445 | |
1885 | + | “TITLE VII-G 1446 | |
1886 | + | “QUALIFICATIONS FOR LICENSURE TO PRACTICE AS A BEHAVIOR 1447 | |
1887 | + | ANALYST. 1448 | |
1888 | + | “Sec. 771. Eligibility requirements and education. 1449 | |
1889 | + | “The Board of Psychology shall license as a behavior analyst a person who, in addition to 1450 | |
1890 | + | meeting the requirements of Title V and any requirements the Mayor may establish by rule, has: 1451 | |
1891 | + | “(1) Successfully completed a criminal background check; 1452 ENGROSSED ORIGINAL | |
1892 | + | ||
1893 | + | ||
1894 | + | ||
1895 | + | ||
1896 | + | 74 | |
1897 | + | ||
1898 | + | “(2) Obtained a current certification issued by the Behavior Analyst Certification 1453 | |
1899 | + | Board; and 1454 | |
1900 | + | “(3) Received a master’s degree or higher from a behavior analysis educational 1455 | |
1901 | + | program that is accredited by the Behavior Analyst Certification Board; provided, that the Board 1456 | |
1902 | + | shall waive this educational requirement if the applicant was certified by the Behavior Analyst 1457 | |
1903 | + | Certification Board on or before the effective date of this title. 1458 | |
1904 | + | (iii) A new section 804a is added to read as follows: 1459 | |
1905 | + | “Sec. 804a. Exceptions for non-clinical practice. 1460 | |
1906 | + | “(a) Nothing in this act shall be construed as preventing or restricting an individual who 1461 | |
1907 | + | has successfully completed a bachelor’s degree in social work, a master’s degree in social work, 1462 | |
1908 | + | or a doctorate degree in social work through a program accredited by the Council on Social 1463 | |
1909 | + | Work Education from engaging in non-clinical practice; provided, that no such persons shall 1464 | |
1910 | + | represent by title or description of services that they are social workers. 1465 | |
1911 | + | “(b) For the purposes of this section, “non-clinical practice” means competencies and 1466 | |
1912 | + | activities commonly included in a social work education program that do not involve clinical 1467 | |
1913 | + | assessment, diagnosis, or treatment of mental health conditions, including: 1468 | |
1914 | + | “(1) Non-clinical case management, including coordinating social services, 1469 | |
1915 | + | conducting non-clinical assessments of service needs, and facilitating client access to resources; 1470 | |
1916 | + | “(2) Community organization, including public education campaigns, information 1471 | |
1917 | + | dissemination, and connecting individuals with social services; 1472 ENGROSSED ORIGINAL | |
1918 | + | ||
1919 | + | ||
1920 | + | ||
1921 | + | ||
1922 | + | 75 | |
1923 | + | ||
1924 | + | “(3) Advocacy, including advocating for clients and communities, advocating for 1473 | |
1925 | + | policy changes, and representing clients' policy interests; and 1474 | |
1926 | + | “(4) Administrative tasks, including handling client documentation, record-1475 | |
1927 | + | keeping, and program coordination.”. 1476 | |
1928 | + | (jjj) Section 831 (D.C. Official Code § 3-1208.31) is amended as follows: 1477 | |
1929 | + | (1) Subsection (a) is amended by striking the phrase “Marriage and Family 1478 | |
1930 | + | Therapy” and inserting the phrase “Board of Professional Counseling” in its place. 1479 | |
1931 | + | (2) Subsection (b)(1) is amended to read as follows: 1480 | |
1932 | + | “(1) A graduate degree in marriage and family therapy from a program accredited 1481 | |
1933 | + | by the Commission on Accreditation for Marriage and Family Therapy Education, or a graduate 1482 | |
1934 | + | degree from a regionally accredited educational institution and an equivalent course of study 1483 | |
1935 | + | consisting of at least 60 semester hours or 90 quarter credits as approved by the Board; and”. 1484 | |
1936 | + | (kkk) Section 841 (D.C. Official Code § 3-1208.41) is amended as follows: 1485 | |
1937 | + | (1) Subsection (a) is amended as follows: 1486 | |
1938 | + | (A) The lead-in language is amended by striking the phrase “Audiology 1487 | |
1939 | + | and Speech-Language Pathology” and inserting the phrase “Rehabilitative Therapies” in its 1488 | |
1940 | + | place. 1489 | |
1941 | + | (B) Paragraph (3) is amended by striking the phrase “supervised 1490 | |
1942 | + | postgraduate professional practice” and inserting the phrase “supervised practice” in its place. 1491 ENGROSSED ORIGINAL | |
1943 | + | ||
1944 | + | ||
1945 | + | ||
1946 | + | ||
1947 | + | 76 | |
1948 | + | ||
1949 | + | (2) Subsection (b) is amended by striking the phrase “Audiology and Speech-1492 | |
1950 | + | Language Pathology” and inserting the phrase “Rehabilitative Therapies” in its place. 1493 | |
1951 | + | (3) Subsection (c) is amended to read as follows: 1494 | |
1952 | + | “(c) For purposes of this section, references to the Board on Rehabilitative Therapies 1495 | |
1953 | + | prior to its commencement of operations pursuant to section 223(e) shall refer to the Board of 1496 | |
1954 | + | Audiology and Speech-Language Pathology.”. 1497 | |
1955 | + | (lll) Section 853 (D.C. Official Code § 3-1208.53) is repealed. 1498 | |
1956 | + | (mmm) Section 854 (D.C. Official Code § 3-1208.54) is repealed. 1499 | |
1957 | + | (nnn) Section 871 (D.C. Official Code § 3-1208.71) is amended as follows: 1500 | |
1958 | + | (1) Subsection (a)(1) is amended as follows: 1501 | |
1959 | + | (A) Subparagraph (A) is amended by striking the word “or” and inserting 1502 | |
1960 | + | a period in its place. 1503 | |
1961 | + | (B) Subparagraph (B) is repealed. 1504 | |
1962 | + | (C) Paragraph (2) is amended by striking the phrase “direct supervision” 1505 | |
1963 | + | and inserting the phrase “immediate supervision” in its place. 1506 | |
1964 | + | (2) Subsection (b)(1) is amended as follows: 1507 | |
1965 | + | (A) Subparagraph (A) is amended by striking the phrase “; or” and 1508 | |
1966 | + | inserting a period in its place. 1509 | |
1967 | + | (B) Subparagraph (B) is repealed. 1510 ENGROSSED ORIGINAL | |
1968 | + | ||
1969 | + | ||
1970 | + | ||
1971 | + | ||
1972 | + | 77 | |
1973 | + | ||
1974 | + | (ooo) Section 872 (D.C. Official Code § 3-1208.72) is amended by striking the period at 1511 | |
1975 | + | the end and inserting the phrase “, unless further time is granted by the Mayor through 1512 | |
1976 | + | rulemaking.” in its place. 1513 | |
1977 | + | (ppp) New Titles VIII-F and VIII-G are added to read as follows: 1514 | |
1978 | + | “TITLE VIII-F. 1515 | |
1979 | + | “CATEGORIES AND QUALIFICATIONS REQUIRED FOR THE PRACTICE OF 1516 | |
1980 | + | “PSYCHOLOGY. 1517 | |
1981 | + | 1518 | |
1982 | + | “Sec. 881. License and registration requirements. 1519 | |
1983 | + | “(a) No person may practice psychology in the District without one of the following 1520 | |
1984 | + | authorizations: 1521 | |
1985 | + | “(1) A health services psychology license, which is required for the practice of 1522 | |
1986 | + | psychology as defined in section 102(16)(A); 1523 | |
1987 | + | “(2) A general applied psychology license, which is required for the practice of 1524 | |
1988 | + | psychology within the scope of section 102(16)(A)(ii); 1525 | |
1989 | + | “(3) A school psychology registration, which is required for the practice of 1526 | |
1990 | + | psychology within the scope of section 102(16)(A)(iii); and 1527 | |
1991 | + | “(4) A psychology associate registration, which is required for the practice of 1528 | |
1992 | + | psychology within the scope of section 102(16)(A)(iv). 1529 | |
1993 | + | “(b) All active psychology licenses issued before the effective date of the Health 1530 | |
1994 | + | Occupations Revision General Amendment Act of 2024, as approved by the Committee on 1531 ENGROSSED ORIGINAL | |
1995 | + | ||
1996 | + | ||
1997 | + | ||
1998 | + | ||
1999 | + | 78 | |
2000 | + | ||
2001 | + | Health on March 21, 2024 (Committee Print of Bill 25-545) (“2024 Act”), shall, upon renewal, 1532 | |
2002 | + | be issued as health services psychology licenses. 1533 | |
2003 | + | “(c) Notwithstanding subsection (a) of this section, for 2 years after the effective date of 1534 | |
2004 | + | the 2024 Act, or such longer period of time which may be established by the Mayor through 1535 | |
2005 | + | rulemaking, a person who has been practicing general applied psychology or school psychology 1536 | |
2006 | + | before the effective date of the 2024 Act may continue to practice without the licensure or 1537 | |
2007 | + | registration required pursuant to section 501(a)(1) or (2); provided, that such person applies for 1538 | |
2008 | + | the relevant license or registration within 2 years after the effective date of the 2024 Act. 1539 | |
2009 | + | “Sec. 882. Qualifications. 1540 | |
2010 | + | “(a) In addition to the general qualifications for licensure set forth in Title V, and any 1541 | |
2011 | + | requirements the Mayor may establish by rule, an individual applying for a license to practice 1542 | |
2012 | + | health services psychology or general applied psychology shall establish to the satisfaction of the 1543 | |
2013 | + | Board of Psychology that the individual has: 1544 | |
2014 | + | “(1) Earned a doctoral degree in psychology from an accredited college or 1545 | |
2015 | + | university; and 1546 | |
2016 | + | “(2) Completed at least 2 years of experience in such areas of practice as shall be 1547 | |
2017 | + | required by the Mayor through rulemaking, at least one year of which shall be postdoctoral 1548 | |
2018 | + | experience. 1549 ENGROSSED ORIGINAL | |
2019 | + | ||
2020 | + | ||
2021 | + | ||
2022 | + | ||
2023 | + | 79 | |
2024 | + | ||
2025 | + | “(b) An individual applying for a registration to practice school psychology shall meet 1550 | |
2026 | + | such education and training requirements as may be established by the Mayor through 1551 | |
2027 | + | rulemaking. 1552 | |
2028 | + | “(c) An individual applying for registration as a psychology associate shall have 1553 | |
2029 | + | graduated from an accredited college or university with at least a master’s degree based on a 1554 | |
2030 | + | program of studies focusing on psychology, or a program judged by the Board to be substantially 1555 | |
2031 | + | equivalent in subject matter and extent of training to a master’s or doctoral degree in psychology. 1556 | |
2032 | + | “(d) Notwithstanding subsections (a) and (b) of this section, individuals currently 1557 | |
2033 | + | practicing as general applied psychologists or school psychologists who do not meet the 1558 | |
2034 | + | qualifications of this section shall be eligible for licensure or registration if they apply for a 1559 | |
2035 | + | license or registration within 24 months after the effective date of the Health Occupations 1560 | |
2036 | + | Revision General Amendment Act of 2024, as approved by the Committee on Health on March 1561 | |
2037 | + | 21, 2024 (Committee Print of Bill 25-545). 1562 | |
2038 | + | “Sec. 883. Limitations. 1563 | |
2039 | + | “(a) A registered school psychologist shall not practice psychology as defined under 1564 | |
2040 | + | section 102(16)(A)(i) or (ii) without an authorization required for such practice. 1565 | |
2041 | + | “(b) A psychology associate shall not practice psychology except under the supervision 1566 | |
2042 | + | of a licensed health services psychologist.”. 1567 | |
2043 | + | “TITLE VIII-G. 1568 | |
2044 | + | “CATEGORIES AND QUALIFICATIONS REQUIRED FOR THE PRACTICE OF MEDICAL 1569 | |
2045 | + | RADIATION TECHNOLOGY. 1570 ENGROSSED ORIGINAL | |
2046 | + | ||
2047 | + | ||
2048 | + | ||
2049 | + | ||
2050 | + | 80 | |
2051 | + | ||
2052 | + | 1571 | |
2053 | + | “Sec. 891. Qualifications for licensure. 1572 | |
2054 | + | “(a) The categories of licensure for the practice of medical radiation technology shall be 1573 | |
2055 | + | as follows: 1574 | |
2056 | + | “(1) Cardiovascular-interventional technologist; 1575 | |
2057 | + | “(2) Computed tomography technologist or radiographer; 1576 | |
2058 | + | “(3) Magnetic resonance technologist; 1577 | |
2059 | + | “(4) Mammographer; 1578 | |
2060 | + | “(5) Nuclear medicine technologist; 1579 | |
2061 | + | “(6) Radiation therapist; 1580 | |
2062 | + | “(7) Radiologist assistant; 1581 | |
2063 | + | “(8) Radiographer; and 1582 | |
2064 | + | “(9) Ultrasound technologist. 1583 | |
2065 | + | “(b) The Board of Medicine shall issue a license to practice medical radiation technology, 1584 | |
2066 | + | in a category established by this section to an individual who, in addition to meeting the 1585 | |
2067 | + | requirements of Title V, has: 1586 | |
2068 | + | “(1) Graduated from an accredited program in diagnostic medical sonography, 1587 | |
2069 | + | radiologic technology, magnetic resonance imaging, nuclear medicine or radiologist assistant 1588 | |
2070 | + | that incorporates the academic coursework and minimum of hours of supervised clinical training 1589 | |
2071 | + | required by regulations issued by the Mayor and that is accredited by the Commission on 1590 ENGROSSED ORIGINAL | |
2072 | + | ||
2073 | + | ||
2074 | + | ||
2075 | + | ||
2076 | + | 81 | |
2077 | + | ||
2078 | + | Accreditation of Allied Health Education Programs, Joint Review Committee on Education in 1591 | |
2079 | + | Radiologic Technology, Joint Review Committee on Diagnostic Medical Sonography, Joint 1592 | |
2080 | + | Review Committee on Nuclear Medicine Technology or a successor organization, as recognized 1593 | |
2081 | + | by the U.S. Department of Education; 1594 | |
2082 | + | “(2) Passed a national certification examination from a body recognized by the 1595 | |
2083 | + | Board; and 1596 | |
2084 | + | “(3) Satisfied all other requirements established by the Mayor through 1597 | |
2085 | + | rulemaking. 1598 | |
2086 | + | “Sec. 892. Limitations on practice. 1599 | |
2087 | + | “(a) A person licensed under this title may only practice under the supervision of a 1600 | |
2088 | + | licensed physician or a licensed advanced practice registered nurse. 1601 | |
2089 | + | “(b) The practices of a cardiovascular-interventional technologist, computed tomography 1602 | |
2090 | + | technologist, magnetic resonance technologist, mammographer, nuclear medicine technologist, 1603 | |
2091 | + | radiation therapist, radiographer, radiologist assistant, or ultrasound technologist shall be limited 1604 | |
2092 | + | to those procedures, operations, preparations, and practices determined by regulation. 1605 | |
2093 | + | “Sec. 893. Transition of licensed and registered medical radiation practitioners. 1606 | |
2094 | + | “For a period of one year after the effective date of implementing regulations issued 1607 | |
2095 | + | pursuant to this title, unless further time is granted by the Mayor through rulemaking, a person 1608 | |
2096 | + | who has received appropriate training for the tasks assigned may, regardless of licensure status, 1609 | |
2097 | + | practice as a medical radiation practitioner, cardiovascular-interventional technologist, computed 1610 ENGROSSED ORIGINAL | |
2098 | + | ||
2099 | + | ||
2100 | + | ||
2101 | + | ||
2102 | + | 82 | |
2103 | + | ||
2104 | + | tomography technologist, magnetic resonance technologist, mammographer, nuclear medicine 1611 | |
2105 | + | technologist, radiographer, radiologist assistant, or ultrasound technologist. After a period of one 1612 | |
2106 | + | year or additional time authorized by the Mayor, a license shall be required for any person to 1613 | |
2107 | + | work or identify themselves as a medical radiation practitioner, cardiovascular-interventional 1614 | |
2108 | + | technologist, computed tomography technologist, magnetic resonance technologist, 1615 | |
2109 | + | mammography technologist, nuclear medicine technologist, radiographer, radiologist assistant, 1616 | |
2110 | + | or ultrasound technologist.”. 1617 | |
2111 | + | (qqq) Section 902 (D.C. Official Code § 3-1209.02) is amended as follows: 1618 | |
2112 | + | (1) The section heading is amended by striking the phrase “and recreation 1619 | |
2113 | + | therapy.” and inserting the phrase “therapy.” in its place. 1620 | |
2114 | + | (2) Subsection (a) is amended by striking the phrase “dance therapy or recreation 1621 | |
2115 | + | therapy” and inserting the phrase “dance therapy.” in its place. 1622 | |
2116 | + | (3) Subsection (b) is amended by striking the phrase “dance therapy or recreation 1623 | |
2117 | + | therapy” and inserting the phrase “dance therapy.” in its place. 1624 | |
2118 | + | (4) Subsection (c) is amended as follows: 1625 | |
2119 | + | (A) Strike the phrase “dance therapist or recreation therapist” and insert 1626 | |
2120 | + | the phrase “dance therapist” in its place. 1627 | |
2121 | + | (B) Strike the phrase “dance therapists or recreation therapists.” and insert 1628 | |
2122 | + | the phrase “dance therapists.” in its place. 1629 | |
2123 | + | (rrr) Section 903 (D.C. Official Code § 3-1209.03) is repealed. 1630 ENGROSSED ORIGINAL | |
2124 | + | ||
2125 | + | ||
2126 | + | ||
2127 | + | ||
2128 | + | 83 | |
2129 | + | ||
2130 | + | (sss) Section 905 (D.C. Official Code § 3-1209.05) is amended as follows: 1631 | |
2131 | + | (1) Subsection (a) is amended as follows: 1632 | |
2132 | + | (A) Paragraph (1) is amended as follows. 1633 | |
2133 | + | (i) Strike the phrase “assist a licensed dentist” and insert the phrase 1634 | |
2134 | + | “assist a licensed dentist or a licensed dental hygienist” in its place. 1635 | |
2135 | + | (ii) Strike the phrase “direct supervision” and insert the word 1636 | |
2136 | + | “supervision” in its place. 1637 | |
2137 | + | (B) Paragraph (2) is repealed. 1638 | |
2138 | + | (2) Subsection (b) is amended to read as follows: 1639 | |
2139 | + | “(b) A person who is engaged as a dental assistant to assist a dentist in the performance 1640 | |
2140 | + | of dental procedures, or to assist a dental hygienist in the performance of dental hygiene 1641 | |
2141 | + | procedures, in any area of or specialty area of dentistry, including oral and maxillofacial surgery, 1642 | |
2142 | + | or who performs the duties of a dental assistant in any area of or specialty area of dentistry, 1643 | |
2143 | + | including oral and maxillofacial surgery, in the District shall be registered with the Board, renew 1644 | |
2144 | + | the registration as required by rule, and pay the required registration fee established by the 1645 | |
2145 | + | Board.”. 1646 | |
2146 | + | (3) Subsection (d) is amended as follows. 1647 | |
2147 | + | (A) Strike the phrase “A person shall not engage in the practice, or use the 1648 | |
2148 | + | title, of dental assistant” and insert after the phrase “A person shall not engage in the practice of 1649 | |
2149 | + | dental assisting or use the title of dental assistant” in its place. 1650 ENGROSSED ORIGINAL | |
2150 | + | ||
2151 | + | ||
2152 | + | ||
2153 | + | ||
2154 | + | 84 | |
2155 | + | ||
2156 | + | (B) Strike the phrase “direct supervision” and insert the word 1651 | |
2157 | + | “supervision” in its place. 1652 | |
2158 | + | (4) Subsection (e) is repealed. 1653 | |
2159 | + | (5) Subsection (g) is amended by striking the phrase “and the duties that may be 1654 | |
2160 | + | performed by a dental assistant.” And inserting the phrase “, the duties that may be performed by 1655 | |
2161 | + | a dental assistant, and the required level of supervision.” in its place. 1656 | |
2162 | + | (6) A new subsection (h) is added to read as follows: 1657 | |
2163 | + | “(h) The Mayor shall create a Level III dental assistant designation to authorize dental 1658 | |
2164 | + | assistants with appropriate training and experience, as determined by the Board, to conduct the 1659 | |
2165 | + | application pit and fissure sealants, coronal polishing to remove stain and biofilm, and glucose 1660 | |
2166 | + | testing, as well as all functions authorized by this section and any other services authorized by 1661 | |
2167 | + | rule.”. 1662 | |
2168 | + | (ttt) Section 906 (D.C. Official Code § 3-1209.06) is repealed. 1663 | |
2169 | + | (uuu) Section 907 (D.C. Official Code § 3-1209.07) is amended to read as follows: 1664 | |
2170 | + | “Sec. 907. Nursing assistive personnel; registration or certification required. 1665 | |
2171 | + | “(a) A registration or certification is required for a person seeking to practice as nursing 1666 | |
2172 | + | assistive personnel in the District in accordance with the rules issued by the Mayor. 1667 | |
2173 | + | “(b) The Mayor shall, pursuant to the District of Columbia Administrative Procedure Act, 1668 | |
2174 | + | approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), issue rules 1669 ENGROSSED ORIGINAL | |
2175 | + | ||
2176 | + | ||
2177 | + | ||
2178 | + | ||
2179 | + | 85 | |
2180 | + | ||
2181 | + | setting forth the standards of education and experience required to qualify as nursing assistive 1670 | |
2182 | + | personnel. 1671 | |
2183 | + | “(c) The Mayor shall allow for a registration or certification of an applicant who is at 1672 | |
2184 | + | least 16 years of age; provided, that the applicant shall have obtained or be enrolled and actively 1673 | |
2185 | + | pursuing a high school diploma or high school equivalency diploma as that term is defined in 1674 | |
2186 | + | section 561(6) of the District of Columbia Public Assistance Act of 1982, effective October 27, 1675 | |
2187 | + | 1995 (D.C. Law 11-72; D.C. Official Code § 4-205.61(6)).”. 1676 | |
2188 | + | (vvv) Section 908 (D.C. Official Code § 3-1209.08) is repealed. 1677 | |
2189 | + | (www) Section 909 (D.C. Official Code § 3-1209.09) is amended as follows: 1678 | |
2190 | + | (1) Subsection (a)(1) is amended by striking the phrase “Audiology and Speech-1679 | |
2191 | + | Language Pathology” and inserting the phrase “Rehabilitative Therapies” in its place. 1680 | |
2192 | + | (2) A new subsection (i) is added to read as follows: 1681 | |
2193 | + | “(i) For purposes of this section, references to the Board on Rehabilitative Therapies prior 1682 | |
2194 | + | to its commencement of operations pursuant to section 223(e) shall refer to the Board of 1683 | |
2195 | + | Audiology and Speech-Language Pathology.”. 1684 | |
2196 | + | (xxx) Section 910 (D.C. Official Code § 3-1209.10) is amended as follows: 1685 | |
2197 | + | (1) Subsection (a)(2) is amended by striking the phrase “Audiology and Speech-1686 | |
2198 | + | Language Pathology” and inserting the phrase “Rehabilitative Therapies” in its place. 1687 | |
2199 | + | (2) A new subsection (i) is added to read as follows: 1688 ENGROSSED ORIGINAL | |
2200 | + | ||
2201 | + | ||
2202 | + | ||
2203 | + | ||
2204 | + | 86 | |
2205 | + | ||
2206 | + | “(i) For purposes of this section, references to the Board on Rehabilitative Therapies prior 1689 | |
2207 | + | to its commencement of operations pursuant to section 223(e) shall refer to the Board of 1690 | |
2208 | + | Audiology and Speech-Language Pathology.”. 1691 | |
2209 | + | (yyy) Section 911 (D.C. Official Code § 3-1209.11) is amended as follows: 1692 | |
2210 | + | (1) Subsection (a)(1) is amended by striking the phrase “Audiology and Speech-1693 | |
2211 | + | Language Pathology” and inserting the phrase “Rehabilitative Therapies” in its place. 1694 | |
2212 | + | (2) A new subsection (h) is added to read as follows: 1695 | |
2213 | + | “(h) For purposes of this section, references to the Board on Rehabilitative Therapies 1696 | |
2214 | + | prior to its commencement of operations pursuant to section 223(e) shall refer to the Board of 1697 | |
2215 | + | Audiology and Speech-Language Pathology.”. 1698 | |
2216 | + | (zzz) Section 912 (D.C. Official Code § 3-1209.12) is repealed. 1699 | |
2217 | + | (aaaa) A new section 913 is added to read as follows: 1700 | |
2218 | + | “Sec. 913. Doula. 1701 | |
2219 | + | “(a) A certified doula may: 1702 | |
2220 | + | “(1) Provide support to pregnant individuals and their families, including 1703 | |
2221 | + | surrogates and adoptive parents; 1704 | |
2222 | + | “(2) Conduct prenatal and postpartum visits; 1705 | |
2223 | + | “(3) Accompany pregnant individuals to health care and social service 1706 | |
2224 | + | appointments; 1707 ENGROSSED ORIGINAL | |
2225 | + | ||
2226 | + | ||
2227 | + | ||
2228 | + | ||
2229 | + | 87 | |
2230 | + | ||
2231 | + | “(4) Connect individuals to medical, community-based, or government-funded 1708 | |
2232 | + | resources, including those addressing social determinants of health; and 1709 | |
2233 | + | “(5) Provide support to individuals following either the loss of pregnancy or birth 1710 | |
2234 | + | of a child for up to one year. 1711 | |
2235 | + | “(b) A doula shall not: 1712 | |
2236 | + | “(1) Perform clinical tasks or replace trained licensed medical professionals; or 1713 | |
2237 | + | “(2) Engage in the practice of medicine as defined in section 102(7).”. 1714 | |
2238 | + | (bbbb) Section 1003 (D.C. Official Code § 3-1210.03) is amended as follows: 1715 | |
2239 | + | (1) Subsection (a) is amended by striking the phrase ““acupuncturist,”” and 1716 | |
2240 | + | inserting the phrase ““acupuncturist”, “L.Ac.,”” in its place. 1717 | |
2241 | + | (2) Subsection (m-1) is amended by striking the word “therapy” wherever it 1718 | |
2242 | + | appears and inserting the word “therapist” in its place. 1719 | |
2243 | + | (3) Subsection (q) is amended to read as follows: 1720 | |
2244 | + | “(q) Unless authorized to practice psychology under this act, a person shall not 1721 | |
2245 | + | use the words or terms “psychology,” “psychologist,” “health services psychologist,” “general 1722 | |
2246 | + | applied psychologist,” “school psychologist,” “psychology associate,” or similar title or 1723 | |
2247 | + | description of services with the intent to represent that the person practices psychology.”. 1724 | |
2248 | + | (4) Subsection (v) is amended to read as follow: 1725 | |
2249 | + | “(v) Unless authorized to practice massage therapy under this act, a person shall 1726 | |
2250 | + | not use or imply the use of the words or terms “massage therapy,” “therapeutic massage,” 1727 ENGROSSED ORIGINAL | |
2251 | + | ||
2252 | + | ||
2253 | + | ||
2254 | + | ||
2255 | + | 88 | |
2256 | + | ||
2257 | + | “myotherapy,” “bodyrub,” “licensed massage therapist,” or “licensed massage practitioner,” or 1728 | |
2258 | + | similar title or description of services, or the initials “LMT” or “LMP,” with the intent to 1729 | |
2259 | + | represent that the person practices massage therapy.”. 1730 | |
2260 | + | (5) Subsection (hh) is repealed. 1731 | |
2261 | + | (6) Subsection (jj) is repealed. 1732 | |
2262 | + | (7) New subsections (ll), (mm), (nn), and (oo) are added to read as follows: 1733 | |
2263 | + | “(ll) Unless authorized to practice certified professional midwifery under this act, 1734 | |
2264 | + | a person shall not use or imply the use of the words or terms “certified professional midwife,” 1735 | |
2265 | + | “licensed midwife,” or any similar title or description of services with the intent to represent that 1736 | |
2266 | + | the person practices midwifery as a certified professional midwife. 1737 | |
2267 | + | “(mm) Unless authorized to practice recreational therapy under this act, a person 1738 | |
2268 | + | shall not use the words or terms “recreational therapy,” “recreational therapist,” “licensed 1739 | |
2269 | + | recreational therapist,” “RT,” “L.R.T.,” “CTRS/L,” “certified therapeutic recreation specialist 1740 | |
2270 | + | licensed,” “registered recreational therapist licensed (RRT/L),” or any similar title or description 1741 | |
2271 | + | of services with the intent to represent that the person practices recreational therapy. 1742 | |
2272 | + | “(nn) Unless authorized to practice as a doula under this act, a person shall not use 1743 | |
2273 | + | the word or term “doula” or any similar title or description of services with the intent to represent 1744 | |
2274 | + | that the person practices as a doula or provides any type of doula services. 1745 | |
2275 | + | “(oo) Unless authorized to practice medical radiation technology under this act, a 1746 | |
2276 | + | person shall not use or imply the use of the words or terms “cardiovascular-interventional 1747 ENGROSSED ORIGINAL | |
2277 | + | ||
2278 | + | ||
2279 | + | ||
2280 | + | ||
2281 | + | 89 | |
2282 | + | ||
2283 | + | technologist,” “computed tomography technologist,” “radiographer,” “magnetic resonance 1748 | |
2284 | + | technologist,” “MRI technologist,” “mammography technologist,” “mammographer,” “medical 1749 | |
2285 | + | radiation technologist,” “nuclear medicine technologist,” “radiologist assistant,” “sonographer,” 1750 | |
2286 | + | “ultrasound technologist,” or any similar title or description of service with the intent to 1751 | |
2287 | + | represent that the person practices as a medical radiation technology practitioner.”. 1752 | |
2288 | + | (cccc) Section 1204 (D.C. Official Code § 3-1212.04) is amended by striking the word 1753 | |
2289 | + | “therapy” both times it appears and inserting the word “therapist” in its place. 1754 | |
2290 | + | (dddd) Section 1205 (D.C. Official Code § 3-1212.05) is amended by striking the phrase 1755 | |
2291 | + | “personal fitness trainer, veterinary technician” and inserting the phrase “veterinary technician” 1756 | |
2292 | + | in its place. 1757 | |
2293 | + | TITLE II- TECHNICAL AND CONFORMING AMENDMENTS . 1758 | |
2294 | + | Sec. 201. Section 2(f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. 1759 | |
2295 | + | Law 2-142; D.C. Code § 1-523.01(f)), is amended as follows: 1760 | |
2296 | + | (a) Paragraphs (7) and (43) are repealed. 1761 | |
2297 | + | (b) Paragraph (70) is amended by striking the phrase “; and” and inserting a semicolon in 1762 | |
2298 | + | its place. 1763 | |
2299 | + | (c) New paragraphs (72) and (73) are added to read as follows: 1764 | |
2300 | + | “(72) Board of Rehabilitative Therapies established by section 223 of the District 1765 | |
2301 | + | of Columbia Health Occupations Revision Act of 1985, approved by the Committee on Health 1766 | |
2302 | + | on March 21, 2024 (Committee Print of Bill 25-545); and 1767 ENGROSSED ORIGINAL | |
2303 | + | ||
2304 | + | ||
2305 | + | ||
2306 | + | ||
2307 | + | 90 | |
2308 | + | ||
2309 | + | “(73) Board of Integrative Healthcare established by section 224 of the District of 1768 | |
2310 | + | Columbia Health Occupations Revision Act of 1985, approved by the Committee on Health on 1769 | |
2311 | + | March 21, 2024 (Committee Print of Bill 25-545).”. 1770 | |
2312 | + | Sec. 202. The Department of Health Functions Clarification Act of 2001, effective 1771 | |
2313 | + | October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731 et seq.), is amended as follows: 1772 | |
2314 | + | (a) Section 4941 (D.C. Official Code § 7-743.02) is repealed. 1773 | |
2315 | + | (b) Section 4944 (D.C. Official Code § 7-743.04) is repealed. 1774 | |
2316 | + | (c) Section 4945 (D.C. Official Code § 7-743.05) is repealed. 1775 | |
2317 | + | (d) A new section 4949a is added to read as follows: 1776 | |
2318 | + | “Sec. 4949a. Advisory Committee on Medical Radiation Technologists. 1777 | |
2319 | + | “(a) There is established an Advisory Committee on Medical Radiation Technologists 1778 | |
2320 | + | (“Committee”), which shall consist of the following 5 members: 1779 | |
2321 | + | “(1) A physician licensed in the District whose practice consists mostly of the 1780 | |
2322 | + | type of medicine that requires significant interaction with medical radiation technologists; 1781 | |
2323 | + | “(2) Three individuals who work as medical radiation technologists; and 1782 | |
2324 | + | “(3) A consumer member with no direct affiliation with medical radiation 1783 | |
2325 | + | technology or a member of another health profession. 1784 | |
2326 | + | “(b) To remain qualified to serve as a member of the Committee, the medical radiation 1785 | |
2327 | + | technologist members who serve as initial appointees shall become licensed or registered in their 1786 ENGROSSED ORIGINAL | |
2328 | + | ||
2329 | + | ||
2330 | + | ||
2331 | + | ||
2332 | + | 91 | |
2333 | + | ||
2334 | + | profession within 180 days of the Department of Health’s implementation of the licensure or 1787 | |
2335 | + | registration requirements. 1788 | |
2336 | + | “(c) The Committee shall develop and submit to the Board of Medicine guidelines and 1789 | |
2337 | + | proposed regulations for the licensure and regulation of cardiovascular-interventional 1790 | |
2338 | + | technologists, computed tomography technologists, magnetic resonance technologists, 1791 | |
2339 | + | mammographers, nuclear medicine technologists, radiation therapists, radiographers, ultrasound 1792 | |
2340 | + | technologists, and radiologist assistants.”. 1793 | |
2341 | + | (e) Section 4952(d)(1) D.C. Official Code § 7-744.02(d)(1)), is amended by striking the 1794 | |
2342 | + | phrase “certificate, which shall be notarized and provided to” and inserting the phrase certificate 1795 | |
2343 | + | to” in its place. 1796 | |
2344 | + | Sec. 203. Section 2(7) of The Health-care Facility Unlicensed Personnel Criminal 1797 | |
2345 | + | Background Check Act of 1998, effective April 20, 1999 (D.C. Law 12-238; D.C. Official Code 1798 | |
2346 | + | § 44-551(7)), is amended to read as follows: 1799 | |
2347 | + | “(7) “Unlicensed person” means a person not required to be licensed pursuant to 1800 | |
2348 | + | the District of Columbia Health Occupations Revision Act of 1985, March 25, 1986 (D.C. Law 1801 | |
2349 | + | 6-99; D.C. Official Code § 3-1201.01 et seq.), who functions in a complementary or assistance 1802 | |
2350 | + | role to licensed health care professionals in providing direct patient care or in performing 1803 | |
2351 | + | common nursing tasks. The term “unlicensed person” includes housekeeping, maintenance, and 1804 | |
2352 | + | administrative staff for whom it is foreseeable that the prospective employee or contract worker 1805 | |
2353 | + | will come in direct contact with patients.”. 1806 ENGROSSED ORIGINAL | |
2354 | + | ||
2355 | + | ||
2356 | + | ||
2357 | + | ||
2358 | + | 92 | |
2359 | + | ||
2360 | + | Sec. 204. Section 702(c)(3) of the Assisted Living Residence Regulatory Act of 2000, 1807 | |
2361 | + | effective June 24, 200 (D.C. Law 13-127; D.C. Official Code § 44-107.02), is amended to read 1808 | |
2362 | + | as follows: 1809 | |
2363 | + | “(3) Four hours covering cognitive impairments in an in-service training in accordance 1810 | |
2364 | + | with the dementia training for direct care workers requirements established by section 4952 of 1811 | |
2365 | + | the Department of Health Functions Clarification Act of 2001, effective March 16, 2021 (D.C. 1812 | |
2366 | + | Law 23-201; D.C. Official Code § 7-744.02); and”. 1813 | |
2367 | + | Sec. 205. Section 47-2853.76e(b) of the District of Columbia Official Code is amended to 1814 | |
2368 | + | read as follows: 1815 | |
2369 | + | “(b) No body artist shall perform body art procedures on a person under 18 years of age; 1816 | |
2370 | + | except, that, if a parent or legal guardian has provided their written consent: 1817 | |
2371 | + | “(1) Ear piercing with a sterilized hollow needle or a mechanized, pre-sterilized 1818 | |
2372 | + | single-use stud and clasp ear piercing gun is permitted for persons under 18 years of age; and 1819 | |
2373 | + | “(2) Tattooing services are permitted for persons 16 years of age and older.”. 1820 | |
2374 | + | Sec. 206. Section 204(a) of the Freedom of Information Act of 1976, effective March 29, 1821 | |
2375 | + | 1977 (D.C. 1-96; D.C. Official Code § 2-534(a)), is amended as follows: 1822 | |
2376 | + | (a) Paragraph (19) is amended by striking the phrase “; and” and inserting a semicolon in 1823 | |
2377 | + | its place. 1824 | |
2378 | + | (b) Paragraph (20) is amended by striking the period and inserting the phrase “; and” in 1825 | |
2379 | + | its place. 1826 ENGROSSED ORIGINAL | |
2380 | + | ||
2381 | + | ||
2382 | + | ||
2383 | + | ||
2384 | + | 93 | |
2385 | + | ||
2386 | + | (c) A new paragraph (21) is added to read as follows: 1827 | |
2387 | + | “(21) Information exempt from disclosure under section 525 of the District of 1828 | |
2388 | + | Columbia Health Occupations Revision Act of 1985, as approved by the Committee on Health 1829 | |
2389 | + | on March 21, 2024 (Committee Print of Bill 25-545). 1830 | |
2390 | + | TITLE III. FISCAL IMPACT STATEMENT ; EFFECTIVE DATE. 1831 | |
2391 | + | Sec. 301. Fiscal impact statement. 1832 | |
2392 | + | The Council adopts the fiscal impact statement in the committee report as the fiscal 1833 | |
2393 | + | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 1834 | |
2394 | + | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 1835 | |
2395 | + | Sec. 302. Effective date. 1836 | |
2396 | + | This act shall take effect following approval by the Mayor (or in the event of veto by the 1837 | |
2397 | + | Mayor, action by the Council to override the veto) and a 30-day period of congressional review 1838 | |
2398 | + | as provided in section 602(C)(1) of the District of Columbia Home Rule Act, approved 1839 | |
2399 | + | December 24, 1973 (87 Stat. 813; D. C. Official Code § 1-2067.02(C)(1)). 1840 |