Title 17 DCMR — BUSINESS, OCCUPATIONS, AND PROFESSIONALS

17-1 ASBESTOS ABATEMENT WORKERS AND SUPERVISORS

17 DCMR § 100 APPLICABILITY

100.1 This chapter applies to applicants for licenses and licensed asbestos workers and supervisors.

100.2 Chapter 33 (General Rules: Funeral Directors, Veterinarians, Interior Designers and Real Estate Appraisers) of this title supplements this chapter.

History

• SOURCE: Sections 1.2 and 1.3 of Regulation No. 72-3, approved January 28, 1972, 5DD DCRR, §§1.2 and 1.3, 18 DCR 436 (February 22, 1972); as amended by Regulation No. 72-30, 19 DCR 480 (January 8, 1973); as amended by Final Rulemaking at 39 DCR 660 (January 22, 1993); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 100

17 DCMR § 101 CLASSES OF LICENSURE

101.1 The following classes of licenses shall be issued to qualified applicants in accordance with D.C. Official Code § 47-2853.52 (2015 Repl.):

(a) Asbestos Worker; and

(b) Asbestos Supervisor.

History

• SOURCE: Sections §§20.1 and 20.2 of Regulation No, 72-3, approved January 28, 1972, 5DD DCRR §§20.1 and 20.2, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 101

17 DCMR § 102 APPLICATIONS FOR LICENSURE

102.1 Each applicant for a license as an Asbestos Worker or Asbestos Supervisor in the District of Columbia shall duly file with the Board an application on a form prescribed and provided by the Board.

102.2 Each application shall be sworn to or affirmed before a notary public or, if applicable, by electronic signature or other authentication methods as authorized by the Council of the District of Columbia or the Mayor.

102.3 The proper fees and all required documents shall accompany the application at the time of filing.

102.4 Each applicant shall provide the following:

(a) A copy of an official government-issued photo identification card, such as a driver’s license or permanent resident card, as proof that the applicant is at least eighteen (18) years of age;

(b) Two (2) recent passport-type photographs of the applicant’s face measuring two inches by two inches (2 in. x 2 in.);

(c) A business or a home address, which cannot be a post office box number;

(d) Proof of having completed the training requirements specified by the Board for the level of licensure desired by the applicant; or

(e) Proof of his or her current licensure as an asbestos worker or supervisor in another jurisdiction with requirements that are substantially equivalent to those of the District;

(e) Proof of having been declared capable of working while wearing a respirator by a physician within the twelve (12) months immediately preceding the application; and

(f) Proof that the applicant has met any other requirements established by the Board or the federal government to ensure the applicant is qualified and has had the proper training to engage in or supervise asbestos abatement.

102.5 If an applicant has been convicted of a criminal offense, other than a minor traffic violation, the applicant shall provide the following:

(a) Copies of the relevant court records which describe the nature of the conviction;

(b) A written statement from the applicant explaining the circumstances surrounding the conviction; and

(c) Any information regarding the applicant’s rehabilitation and good conduct.

History

• SOURCE: Sections 20.3 and 30.3 of Regulation No. 72-3, approved January 28, 1972, 5DD DCRR §§20.3 and 30.3, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 102

17 DCMR § 103 PRE-LICENSURE TRAINING REQUIREMENTS

103.1 To be eligible for licensure as an Asbestos Worker, an applicant who is not currently and comparably licensed in another jurisdiction shall, not more than two (2) years prior to the date of application, complete a course of instruction on asbestos abatement for workers that has been accredited by the Environmental Protection Agency (EPA) in accordance with the EPA Asbestos Model Accreditation Plan (MAP) issued under the Asbestos Hazard Emergency Response Act of 1986, as amended (AHERA), or a course that has been approved by another state or territory which meets or exceeds the standards of the MAP.

103.2 To be eligible for licensure as an Asbestos Supervisor, an applicant who is not currently and comparably licensed in another jurisdiction shall, not more than two (2) years prior to the date of application, complete a course of instruction on asbestos abatement for contractors or supervisors that has been accredited by the EPA in accordance with the MAP issued under AHERA, or a course that has been approved by another state or territory which meets or exceeds the standards of the MAP.

103.3 Any applicant that has completed a course prescribed by § 103.1 or § 103.2 more than one (1) year prior to the date of his or her application, must submit proof of having completed a course of Annual Refresher Training which meets the requirements of § 106.4 of this chapter within one (1) year of the date of application.

History

• SOURCE: Section 30.1 of Regulation No. 72-3, approved January 28, 1972, 5DD DCRR §30.1, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 103

17 DCMR § 104 ISSUANCE AND DISPLAY OF LICENSE

104.1 The Director shall issue a license to any applicant who has met the requirements of the Act and this chapter.

104.2 The Director shall issue a license only for the individual named as applicant in the application. The license is not assignable or transferable, or valid for use by any individual other than that designated on the license.

104.3 A licensee shall carry proof of valid licensure on his or her person, and make it available for inspection by District officials, during the performance of any asbestos abatement in the District.

History

• SOURCE: Section 30.2 of Regulation No. 72.3, approved January 28, 1972, 5DD DCRR §30.2, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 104

17 DCMR § 105 TERM OF LICENSE

105.1 All licenses issued pursuant to this chapter shall be valid from the date of issuance through the close of the two (2) year licensing period, which ends on July 31 of each odd-numbered year.

105.2 The Board may change the license cycle for administrative convenience.

105.3 If the Board changes the license cycle, the term of a license that is in effect on the date of the Board's determination to change the cycle may, at the Board's discretion, be extended up to three (3) years in order to permit an orderly transition. Any extension of the license term implemented under this section shall only be made by Board resolution.

History

• SOURCE: Sections 40.1, 40.2, 40.3 and 40.6 of Regulation No. 72-3, approved January 28, 1972, 5DD DCRR §§40.1, 40.2, 40.3 and 40.6, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 105

17 DCMR § 106 CONTINUING EDUCATION REQUIREMENTS

106.1 This section shall apply to all applicants for the renewal or reinstatement of a license as an Asbestos Worker or Asbestos Supervisor.

106.2 An applicant for renewal of a license shall submit to the Board proof of having completed a course of Annual Refresher Training on asbestos abatement during each year of the previous license cycle.

106.3 An applicant for reinstatement of a license shall submit to the Board proof of having completed, no more than one (1) year prior to the date of application, one of the following courses:

(a) Annual Refresher Training; or

(b) If an applicant has failed to complete a course of Annual Refresher Training within the two (2) years preceding the date of the application, a pre-licensure course prescribed by § 103.1 or § 103.2 of this chapter.

106.4 To be acceptable for credit, the Annual Refresher Training must have been obtained through an in-person or online program that has been accredited by the Environmental Protection Agency (EPA) in accordance with the EPA Asbestos Model Accreditation Plan (MAP) issued under the Asbestos Hazard Emergency Response Act of 1986, as amended (AHERA), or approved by another state or territory which meets or exceeds the standards of the MAP.

106.5 Applicants are responsible for ensuring that continuing education courses taken to satisfy the Board’s renewal or reinstatement requirements are properly accredited.

106.6 An applicant for the renewal of a license who fails to submit proof of having completed the continuing education requirements by or before the expiration date may renew the license within sixty (60) days after expiration by submitting proof of course completion and by paying the required late fee. Upon renewal, the Board shall deem the applicant to have possessed a valid license during the period between the expiration of the license and its renewal.

106.7 If an applicant for the renewal of a license fails to submit proof of completion of continuing education requirements within sixty (60) days after the expiration of the applicant’s license, the license shall be deemed to have lapsed on the date of expiration, and the applicant shall be required to apply for reinstatement of the expired license pursuant to § 3308 of this chapter.

106.8 The Board may grant an extension of the sixty (60) day period to renew after expiration if the applicant’s failure to submit proof of completion of continuing education requirements was for good cause. For purposes of this subsection, “good cause” includes proof of the following:

(a) Serious and protracted illness of the applicant who submits a doctor’s statement verifying the illness;

(b) The death or serious and protracted illness of a member of the applicant’s immediate family, which death or illness resulted in the applicant’s inability to complete the continuing education requirements within the specified time. For the purposes of this subsection, the term “immediate family” means the applicant’s spouse and any parent, brother, sister, or child of the applicant and the spouse of any such parent, brother, sister, or child; or

(c) Active military service.

History

• SOURCE: Sections 40.4 and 40.5 of Regulation No. 72.3, approved January 26, 1972, 5DD DCRR §§40.4 and 40.5, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 106

17 DCMR § 107 REQUIRED NOTIFICATIONS

107.1 A licensee shall notify the Board in writing within thirty (30) days of any name change, or any change of business, email, or residence address.

107.2 A licensee shall inform the Board in writing within thirty (30) days of pleading guilty or nolo contendere, or being convicted or found guilty of any felony.

107.3 A licensee shall inform the Board in writing within thirty (30) days of the suspension, revocation, or surrender of his or her license or certificate held in any other jurisdiction to perform or supervise asbestos abatement.

History

• SOURCE: Section 40.7 of Regulation No. 72-3, approved January 28, 1972, 5DD DCRR §40.7, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 107

17 DCMR § 108 STANDARDS OF PRACTICE

108.1 A licensee shall conduct all asbestos abatement in compliance with the Act, the Asbestos Licensing and Control Act of 1990, effective May 1, 1990 (D.C. Law 8-116; D.C. Official Code §§ 6-991 et seq.), as amended, the requirements set forth in 20 DCMR Chapter 8, and all other federal and District laws and regulations governing the treatment and removal of asbestos.

108.2 A licensee shall not knowingly engage in or attempt to engage in asbestos abatement at any site for which a valid permit has not been issued under 20 DCMR Chapter 8.

108.3 A licensee shall report any unsafe condition that he or she observes in the course of performing asbestos abatement to the Board, the Department of Consumer and Regulatory Affairs, or the District Department of the Environment.

108.4 A licensee shall not offer, give, or promise anything of value or benefit to any federal or District employee for the purpose of influencing that employee to circumvent, in the performance of his or her duties, any federal or District law, regulation, or ordinance governing the occupation of asbestos abatement.

History

• SOURCE: Section 40.8 of Regulation No. 72-3, approved January 28, 1972, 5DD DCRR §40.8, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 108

17 DCMR § 109 EXEMPTIONS FROM LICENSURE REQUIREMENT

109.1 A license issued under this chapter and the Act shall not be required for the following activities:

(a) Removal of non friable asbestos containing material; and

(b) Removal, or other activity involving, resilient floor covering materials, including sheet vinyl, resilient tile, and associated adhesives.

109.2 Nothing in this section shall be construed to exempt any person from the permitting or notification requirements set forth in 20 DCMR Chapter 8.

History

• SOURCE: Sections 50.1, 50.2, and 50.3 of Regulation No. 72.3, approved January 28, 1972, 5DD DCRR §§50.1, 50.2, and 50.3, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 109

17 DCMR § 110 [DELETED]

History

• SOURCE: Section 60.1 of Regulation No. 72.3, approved January 28, 1972, 5DD DCRR §60.1, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 110

17 DCMR § 111 [DELETED]

History

• SOURCE: Sections 60.2 and 60.3 of Regulation No. 72-3, approved January 28, 1972, 5DD DCRR §§60.2 and 60.3, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 111

17 DCMR § 112 [DELETED]

History

• SOURCE: Section 60.4 of Regulation No. 72-3, approved January 28, 1972, 5DD DCRR §60.4, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 112

17 DCMR § 113 [DELETED]

History

• SOURCE: Section 60.4 of Regulation No. 72.3, approved January 28, 1972, 5DD DCRR §60.4, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 113

17 DCMR § 114 [DELETED]

History

• SOURCE: Final Rulemaking published at 52 DCR 5222 (May 27, 2005); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 114

17 DCMR § 199 DEFINITIONS

199.1 When used in this chapter, the words and phrases set forth in this section shall have the following meanings:

Act - The Non-Health Related Occupations and Professions Licensure Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code §§ 47-2853.01, et seq. (2015 Repl.)).

Asbestos – any material that contains chrysotile, amosite, crocidolite, tremolite, anthophyllite, actinolite, and any of these minerals that have been chemically treated or altered, that can be crumbled, pulverized, or reduced to powder by the pressure of the ordinary human hand.

Asbestos abatement - the removal, encapsulation, enclosure, disposal, or transportation of asbestos or material that contains asbestos.

Asbestos worker – an individual who is licensed in the District to engage in asbestos abatement.

Asbestos supervisor – an individual who is licensed in the District to engage in or supervise asbestos abatement.

Encapsulation - the coating, binding, or resurfacing of a wall, ceiling, pipe, or other structure to prevent friable asbestos or material that contains asbestos from becoming airborne.

Non friable asbestos – any material that contains more than one percent (1%) of asbestos, but cannot be crumbled, pulverized, or reduced to powder by the pressure of the ordinary human hand.

History

• SOURCE: Sections 60.4 of Regulation 72.3, approved January 28, 1972, 5DD DCRR §60.4, 18 DCR 436 (February 22, 1972); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 199

17-2 ELECTRICAL LICENSING AND BONDING

17 DCMR § 200 ADMINISTRATION AND ENFORCEMENT

200.1 The purpose of this chapter is to provide practical safeguards to protect the public and the District of Columbia from hazards involved in the installation, maintenance, or repair of work, apparatus, equipment, fixtures, and appliances within the scope of license acts, or regulations of the District of Columbia, by requiring those persons, firms, and corporations engaged or employed in these businesses to be licensed or bonded conditioned upon the performance of work in accordance with District law and regulations.

200.2 The scope of this chapter is limited to electrical work within the purview of the D.C. Electrical Code.

200.3 The administration of this chapter shall be under the Director of the D.C. Department of Consumer and Regulatory Affairs, or the Director's agent, representative, or designee (also referred to in this chapter as the "Director"). The Director is the designated agent of the Mayor of the District of Columbia to issue all licenses covered by this chapter.

200.4 Initial licenses shall be issued only when the applicant has satisfied the Director that the applicant is duly qualified, has made the payment of all required fees, and whose bond and surety, if required, have been accepted by the Mayor.

200.5 Each license shall be signed by the Director and impressed with a seal adopted by the Mayor of the District of Columbia.

200.6 The several examining boards required for the examination of applicants for a license shall report their findings to the Director who shall keep a master registration file of all applicants and of licenses issued.

200.7 It shall be unlawful for any person without a license required by this chapter to perform any electrical work in the District of Columbia, except in buildings of the United States and in buildings under the control of the officer in charge of Public Buildings and Grounds or of the Architect of the Capitol.

200.8 Any person, upon conviction of a violation of any rule or section of this chapter, shall be punished by fine of not more than three hundred dollars ($300) or imprisonment of not more than ninety (90) days.

200.9 Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infraction of this chapter shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act approved December 20, 1944, 58 Stat. 819.
• SOURCE: 5J DCRR §§101, 102, 301, 302, 303, 304, 801 and 802; as amended by D.C. Act 8-320 published at 37 DCR 314 (December 27, 1990).

17 DCMR § 201 EXAMINING BOARD

201.1 An Electrical Examining Board appointed by the Mayor shall examine each applicant for a license to determine his or her qualifications to engage in the electrical business or trade.

201.2 Each member of the examining board, except District employees, shall receive reasonable compensation for services, as determined by the Mayor, but not to exceed twenty-five dollars ($25) for each official board meeting.

201.3 The examining board shall consist of five (5) members and five (5) alternates appointed by the Mayor, chosen as follows:

(a) Four (4) shall have been actively engaged in the District for at least five (5) years preceding their appointment in the business for which a license is sought;

(b) Two (2) shall have been owners or managers of a business licensed under this chapter;

(c) Two (2) shall have been employees competent to superintend the performance of work licensed under this chapter; and

(d) One (1) shall be a District official, who shall also be secretary and recorder of the board.

201.4 Not more than one (1) member of the examining board shall have a financial interest in or be employed by the same person, firm, or corporation.

201.5 Two (2) members of the original examining board, other than the District official, shall be appointed for a term of one (1) year and the others for a term of two (2) years. After expiration of the original appointments, all appointments shall be made for a term of two (2) years, except appointments made to fill the remainder of unexpired terms. The District of Columbia official shall serve until his or her successor is appointed.

201.6 A vacancy caused by death, resignation, or otherwise shall be filled by the Mayor for the remainder of the unexpired term of office.

201.7 All members shall be eligible for reappointment.

201.8 The examining board shall meet from time to time, and shall meet at least quarterly during each calendar year at the time designated by the Mayor, for the examination of applicants for licenses and for the transaction of other board business.

201.9 Each examining board shall elect a chairperson and vice-chairperson from among its members.

201.10 Each examining board shall act in any advisory capacity that may be assigned to it by the Mayor or the Director.

201.11 The Mayor, in his or her discretion, may remove any member of the board.

History

• SOURCE: 5J DCRR §§311 through 317, 601 and 602.

17 DCMR § 202 EXAMINING BOARD PROCEDURES

202.1 An examining board may examine an applicant on the full scope of the license applied for, or the examination may be limited to one (1) or more specific subjects or branches of the occupation for which an application is made.

202.2 Applicants presenting qualifications in special fields of the electrical trade shall be examined in those fields only. The license issued shall specify any limitations on the face of the license.

202.3 The board shall report its findings, with any limitations to be specified in the granting of a license, to the Director.

202.4 Action by the examining board is contingent on the presence of all members. For each member of the board, the Director shall appoint an alternate who shall satisfy the required standards of eligibility. A majority of the board members is sufficient to support a decision.

202.5 The examination for an occupational license under this chapter shall include questions, diagrams, and other materials that are sufficient to thoroughly demonstrate to the examining board that the applicant has the experience and knowledge of regulations and construction methods considered necessary to engage in the class of occupation for which the applicant has filed a license application.

202.6 An applicant who successfully passes a required examination shall be recommended to the Director by the examining board for a license to engage in that business or occupation.

202.7 An applicant who fails to qualify for a license or who fails to report for an examination within twelve (12) months after filing a license application shall forfeit any fees paid in connection with the application unless subject to a refund as provided in §221. A new application shall be filed in accordance with this chapter before further consideration can be given to the applicant.

History

• SOURCE: 5J DCRR §§603, 604, 605, 611, 612, 613.

17 DCMR § 203 GENERAL LICENSING REQUIREMENTS

203.1 No individual shall perform any work that requires a license without first having obtained a license, or a temporary permit to work, except as specifically provided otherwise in §204.

203.2 No license issued under this chapter shall be considered as a permit to do any work for which a permit is required by any District statute or regulation.

203.3 In making an installation, no licensee shall create a violation of any other regulation.

203.4 All licenses shall be subject to examination by any police officer or official of the District government.

203.5 Licenses shall be required to engage in the following businesses and occupations, subject to the conditions of this chapter:

(a) Electrical Contractor;

(b) Special Contractor;

(c) Electrical Fixture Contractor;

(d) Electrician;

(e) Master Electrician;

(f) Master Electrician Specialist;

(g) Apprentice Electrician; and

(h) Maintenance and Repair Electrician.

203.6 No person shall employ an unlicensed person to perform electrical work as such, except as provided for in §207.

203.7 A licensee shall register any change of address of his or her place of business or residence within five (5) days of the change.

203.8 No person holding a license under this chapter shall suffer or allow any other person to use or operate under his or her license.

203.9 No license shall be assigned or transferred.

203.10 Any license that has been changed or altered shall be void.

203.11 No permit to work, or license, shall be issued to any applicant who is less than sixteen (16) years of age, except where a permit to work has been issued by the Board of Education.

203.12 The Director may require an applicant to submit a birth certificate or other evidence of age.

203.13 A business, trade, or occupational license limited to a specified trade, occupation, or condition may be issued by the Director. Any limitation shall be specified on the face of the license.

203.14 Each license shall specify by name the person, firm, or corporation to which it is issued.

203.15 Each license shall specify the business, trade, profession, or calling for which it is granted, and the location at which that business, trade, profession, or calling is to be conducted.

203.16 Each license shall specify the date of expiration of that license.

History

• SOURCE: 5J DCRR §§404, 407, 421, 422, 423, 425, 439, 441, 447, 501 and 503.

17 DCMR § 204 EXEMPTIONS FROM LICENSING REQUIREMENTS

204.1 The provisions of this chapter shall not apply to the following:

(a) Any public utility as defined in D.C. Code §43-203 (1981), which is under the jurisdiction of the Public Service Commission of the District of Columbia, when that utility is engaged in the performance of work for which the utility holds a franchise to engage in rendering a public utility service;

(b) Persons actually engaged in the performance of work under contract with the Federal government;

(c) Persons performing electrical work in connection with the operation of signals or the transmission of intelligence by telegraph or telephone companies in rendering their duly authorized service, or persons installing, manufacturing, or repairing equipment designed for use as an integral part of the communication system owned and operated by a telegraph or telephone company; or

(d) Persons installing exposed electrical wiring in suitable laboratories for experimental purposes only.

204.2 No license shall be required of an individual to perform electrical work in his or her residence, if that residence is owned and occupied by him or her, and a permit for any electrical work to be done is obtained as required in the D.C. Electrical Code.

204.3 A business license or bond will not be required of a person, firm, or corporation to perform work in buildings or on premises under his, her, or its ownership or occupancy, if that person, firm, or corporation regularly employs a licensed master electrician, master electrician specialist, or a licensed maintenance and repair electrician.

204.4 No occupational license as an electrician shall be required of a person engaged in any of the following:

(a) Repair or replacement of sockets, receptacles, or snap switches;

(b) General maintenance to repair portable electrical equipment or lighting fixtures; and

(c) Other minor repairs at existing outlets on the premises in which he or she is regularly employed.

204.5 An individual who is employed only by the District of Columbia government, and whose name appears on the regular employment roll of the District, may be issued a special license without fee for a trade or occupation; Provided, that the following conditions shall apply:

(a) The person shall not engage in work authorized by that license other than for the District of Columbia; and

(b) The limitation set forth in paragraph (a) shall be stated on the face of the license.

History

• SOURCE: 5J DCRR §§401, 403, 405, 503, and 507.

17 DCMR § 205 EXPIRATION OF LICENSES

205.1 All licenses shall expire and be void after the date of expiration specified on the license, except that when the day of expiration of a license falls upon a Sunday or a holiday, the license shall be valid until the next business day.

205.2 Business licenses shall run for twelve (12) months from the first of the month in which the license becomes effective.

205.3 Occupational licenses shall run for two (2) years from the first of the month in which the license becomes effective.

History

• SOURCE: 5J DCRR §§405 and 406.

17 DCMR § 206 APPRENTICES

206.1 An applicant for a license as an apprentice electrician shall be granted the license without an examination by the Director.

206.2 An apprentice electrician shall register with the Director and failure to do so shall be cause for termination of his or her license in accordance with §213.

206.3 A licensed apprentice electrician shall work only under the direct personal supervision and control of a licensed master electrician, a licensed master electrician specialist, a licensed electrician, or a licensed maintenance and repair electrician.

History

• SOURCE: 5J DCRR §§411 and 627.

17 DCMR § 207 TEMPORARY LICENSES

207.1 The Director may register and issue a temporary work permit which shall be valid for not more than two (2) months pending a meeting of the examining board or the issue of a required license.

207.2 A temporary permit shall be issued to an applicant who presents evidence of his or her qualifications to work as an electrician, and upon payment of a fee of one dollar ($1).

207.3 A second, consecutive temporary permit may be issued to an applicant pending the report of the applicant's examination by the examining board.

207.4 An application for a temporary permit to work shall be accompanied by an application for a license and payment of all required fees.

207.5 Failure to qualify for a license as an electrician under this chapter shall automatically terminate a temporary permit to work as an electrician.

History

• SOURCE: 5J DCRR §410.

17 DCMR § 208 BUSINESS LICENSE REQUIREMENTS

208.1 A business license shall be required of each contractor whose work includes the removal and reinstallation of electrical applicances, apparatus, fixtures, equipment, and devices or any installation coming within the scope of the D.C. Electrical Code.

208.2 A license shall be required to engage in the business of electrical contractor, special contractor, or electrical fixture contractor.

208.3 No electrician, master electrician, or master electrician specialist shall engage in a business for which a license is required without first having obtained a business license as a contractor.

208.4 A business licensee who has more than one (1) business location shall obtain a separate license and file a separate bond for each location.

208.5 A business license may be issued to a contractor to engage in a specified business at a specified location, as required in this section, conditioned upon one of the following:

(a) The licensee shall be licensed as a master electrician;

(b) The licensee shall have a master electrician as an officer or substantial stockholder in the firm or corporation; or

(c) The licensee shall have as an employee a master electrician.

208.6 A limited business license to engage in work as an electrical contractor, special contractor, or an electrical fixture contractor may be issued to a contractor to engage in a limited business at a specified location, conditioned upon one of the following:

(a) The licensee shall be licensed as a master electrician or a master electrician specialist;

(b) The licensee shall have a master electrician or a master electrician specialist as an officer or substantial stockholder in the firm or corporation; or

(c) The licensee shall have as an employee a master electrician or a master electrician specialist.

208.7 The master electrician or master electrician specialist referred to in §208.6 must be qualified and licensed in the same specialty as the business licensed under that subsection.

208.8 All work done under a license or limited license to engage in a business under this section shall be under the personal supervision of the master electrician or master electrician specialist designated under §208.5 or §208.6, and the master electrician or master electrician specialist shall be responsible for all work performed.

208.9 No master electrician or master electrician specialist shall be responsible for the work of more than one (1) contractor.

208.10 The limitations on a business license shall not be greater than the limitations specified for the master electrician specialist responsible for work done.

History

• SOURCE: 5J DCRR §§408, 424, 427, 443, 444, 446, 502, 505 and 822.

17 DCMR § 209 APPLICATION FOR LICENSURE

209.1 Application for a license to engage in a business or occupation covered by this chapter shall be filed with the Director in writing on the form provided and the license fee paid before any examination to engage in the business or occupation is conducted.

209.2 Each applicant shall furnish two (2) recent identical photographs of the applicant, one by one and one-half inches (1" x 1 1/2") in size.

209.3 The application for a business license filed with the Director shall include the name of the local officer representing the firm or the corporation, and the name of the master electrician or master electrician specialist who is responsible for the performance of the work done by the person, firm, or corporation.

209.4 Applications for a license must be sworn to before a notary public.

209.5 An applicant who has successfully passed the examination, and who has the qualifications and fitness to engage in a business or occupation under this chapter, shall be notified by the Director of the approval of his or her application.

209.6 After having been notified that he or she has successfully passed the license examination, the applicant shall file a bond, if a bond is required under §210.

History

• SOURCE: 5J DCRR §§431, 432, 433 and 435.

17 DCMR § 210 BONDING OF LICENSEES

210.1 Each licensed master electrician or master electrician specialist designated by a contractor as that contractor's authorized master electrician or master electrician specialist shall file a bond as provided in this section, except contractors who conduct their own business and designate only themselves as responsible for their work.

210.2 Applicants for a business license shall file a bond in connection with the license, as provided in this section.

210.3 Each required bond will be forwarded to the Mayor for approval, who in turn will notify the Director when each bond is accepted.

210.4 Upon notice of the approval of the bond by the Mayor, the applicant shall register with the Director, stating the applicant's full name, residence, and place of business. The applicant shall make any cash deposit with the District that is required by any regulation.

210.5 The bond required under this section shall be conditioned upon the performance in accordance with law and regulations in force in the District of all licensed work undertaken by the person, firm, or corporation, and to keep the District of Columbia harmless from the consequences of any and all acts performed by that person, firm, or corporation in connection with the business during the period covered by the the bond.

210.6 The Director shall furnish to anyone applying for it a certified copy of any bond filed under this section upon payment of a fee of five dollars ($5). The certified copy shall be prima facie evidence in any court that the bond was duly executed and delivered by the person, firm, or corporation whose name appears on the bond.

210.7 The required bond shall be executed in accordance with the following form:

KNOW ALL MEN BY THESE PRESENTS

That we, _____ as principal and______ as sureties, are held and firmly bound unto the District of Columbia and to any person who may be aggrieved by a violation by the principal of any law or regulation in force in the District of Columbia relating to the electrical business in the full and just sum of_____ dollars ($_____) lawful money of the United States of America, for which payment, well and truly to be made, we bind ourselves, jointly and severally, our joint and several heirs, executors, administrators, successors, and assigns firmly by these presents.

Signed with our hands and sealed with our seals this ______ day of , 19_.

WHEREAS, The above bound ______ desires to engage in and practice the business of a master electrician, master electrician specialist, or electrical contracting in the District of Columbia, pursuant to the requirements of the Act of Congress approved December 20, 1944, 58 Stat. 819, and the electrical bonding and licensing regulations of the District of Columbia (Title 17 DCMR chapter 2) adopted by the Mayor of the District of Columbia in accordance with the laws of the District of Columbia relating to the electrical business.

NOW, THEREFORE, the conditions of the above obligations are such that if ＿＿＿ shall well and truly observe and strictly and faithfully comply with the electrical bonding and licensing regulations of the District, including any amendments which may be hereafter made, and with all rules, regulations, and orders of the Mayor of the District, and all laws of the District relating to the electrical work placed in, upon, or leading to or from any building or structure in the District, and shall save and keep harmless the District of Columbia and any person who may be aggrieved by the violation of the laws or regulations in force in the District of Columbia applicable to the performance of work aforesaid by the principal hereto from the consequence of any and all acts done by ______ in the execution and practice of his or her business as electrical contractor aforesaid, then this obligation to be void; otherwise to remain in full force and effect for five (5) years from the date hereof.

210.8 Persons engaged in any business required under this chapter to be bonded shall furnish and keep in force a bond running to the District of Columbia with corporate surety authorized by the Secretary of the Treasury to do business pursuant to §3 of the Act of August 13, 1894 (28 Stat. 279), as amended (6 U.S.C. §8), and by the D.C. Insurance Administration to do business in the District, in the amount specified in this chapter, conditioned upon the performance in accordance with laws and regulations in force in the District of all licensed work undertaken by that person, firm, or corporation, and to keep the District harmless from the consequences of any and all acts performed by that person, firm, or corporation in connection with the business during the period covered by the bond.

210.9 The surety on any bond may terminate its liability under the bond by giving thirty (30) days written notice of termination, served either personally or by registered mail, to the principal and to the Director.

210.10 Upon giving notice under §210.8, the surety shall be discharged from all liability under the bond for any act or omission of the principal occurring after the expiration of thirty (30) days from the date of service of the notice.

210.11 Unless, on or before the expiration of the notice period, the principal files a new bond in like amount and conditioned as the original in substitution of the bond terminated under §210.9, the license of the principal to engage in the licensed business shall likewise terminate upon the expiration of the notice period.

210.12 If a surety becomes insolvent or bankrupt, or ceases to be authorized by the Secretary of the Treasury to do business pursuant to §3 of the Act of August 13, 1894 (28 Stat. 279), as amended (6 U.S.C. §8), or by the D.C. Insurance Administration to do business in the District, the principal shall, within ten (10) days after notice of this event given by the Director, file a new bond in like amount and conditioned as the original. If the principal fails to do so, the license of the principal shall terminate.

210.13 Any person aggrieved by the violation of any law or regulation in force in the District of Columbia relating to the licensed business shall have, in addition to a right of action against the person, firm, or corporation, a right to bring suit against the surety on the bond, either alone or jointly with the principal, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the principal which is in violation of law or regulation in force in the District of Columbia relating to that business; Provided, that nothing in this section shall be construed to impose upon the surety on any bond a greater liability than the total amount of the bond, or the amount remaining unextinguished by any prior recovery or recoveries, as the case may be.

210.14 If a recovery is had on any bond, the principal shall restore the bond to its original amount.

210.15 Upon making any payment on account of its bond, the surety shall immediately notify the Mayor.

210.16 The amount of the bond required for each business, trade, or occupation under this section shall be the following:

Business, Trade, or Occupation

Bond Required

Electrical Contractor

$4,000

Electrical Fixture Contractor

$1,000

Master Electrician

$2,000

Master Electrician Specialist

$1,000

Special Contractor

$2,000

210.17 The bond for master electricians or master electrician specialists shall be required of all master electricians or master electrician specialists designated by a contractor as the authorized master electrician or master electrician specialist.

210.18 No bond shall be required of any applicant for a license who is employed only in the service of the government of the District of Columbia and whose name appears on the regular payroll of the District; Provided, that the person carries on no work or business as authorized by the license other than for the District.

History

• SOURCE: 5J DCRR §§434, 435, 436, 437, 701, 702, 703, 710, 711, 712, 713 and 723.

17 DCMR § 211 RENEWAL OF LICENSES

211.1 A renewal license may be issued before the date of expiration of the current license without reexamination if all of the following conditions are met:

(a) All permit fees have been paid;

(b) Work or services performed under the existing license have been done in a manner satisfactory to the Director;

(c) The application and any required bond is approved; and

(d) The license renewal fee is paid.

211.2 The renewal license shall bear the date and be effective as of the expiration date of the old license.

211.3 The application for renewal of a license, accompanied by any required bond, shall be filed with the Director in writing on the form provided, and the license renewal fee shall be paid before expiration of an existing license, except as otherwise provided in this section.

211.4 Any person licensed under this chapter who fails to renew his or her license prior to the expiration date of the license will be permitted to renew the license without being required to take an examination in connection with the renewal, subject to the following conditions:

(a) That the license was not revoked during the period for which it was issued, and that it was in full force and effect on the date of expiration;

(b) That the applicable fee and penalty is paid, as follows:

(1) If application for renewal is made in writing within thirty (30) days from the date the license expired, accompanied by the required renewal fee, plus a ten dollar ($10) penalty;

(2) If application for renewal is made in writing between thirty (30) days and two (2) years from the date the license expired, accompanied by all required renewal fees, plus a seventy-five dollar ($75) penalty in the case of a master electrician, or a thirty-five dollar ($35) penalty in the case of a journeyman electrician.

(c) That the applicant for renewal has not engaged in the activity for which the license is required during the period he or she remained unlicensed after the expiration of the previous license, and submits to the examining board a notarized statement that he or she has not so engaged in such activity; and

(d) That the applicant for renewal of an expired license personally appears before the board to answer any questions relative to the application for renewal that the examining board may require.

211.5 This section shall not be construed as authorizing or permitting the holder of a license issued under the authority of this chapter whose license has expired and has not been renewed to continue to operate as if he or she were the holder of a valid license.

211.6 This section shall not be construed as waiving any provision in this chapter prohibiting any person from engaging in an activity for which a license is required without first having been issued a valid license to engage in that activity.

211.7 If a license expires while the licensee is in the service of the Armed Forces of the United States or the Merchant Marine, the license may be renewed without further examination on payment of the renewal fee and upon the presentation of an application for renewal to the Director within six (6) months after discharge. Proof that the licensee was serving in the Armed Forces of the United States or the Merchant Marine on the date of expiration of the license shall accompany the application for renewal.

History

• SOURCE: 5J DCRR §§451, 452, 453 and 457, as amended by §2 of District of Columbia Electrical Licensing and Bonding Regulation Amendment Act of 1979.

17 DCMR § 212 TERMINATION OF LICENSES

212.1 A business license issued under this chapter shall terminate if the licensee fails to file and maintain an approved bond as required under this chapter.

212.2 If the master electrician or master electrician specialist resigns or severs his or her connection with the person, firm, or corporation licensed under this chapter, or if the occupational license of the master electrician or master electrician specialist who is named on that business license expires, it shall become the obligation of the licensed firm or corporation immediately to secure the services of a qualified, licensed replacement.

212.3 If the firm or corporation is not licensed (under the provisions of §204.3), it shall stop all work until a replacement is provided. Failure to provide the replacement and to promptly notify the Director of the replacement shall render the business license void.

212.4 If any person listed in §212.2 severs his or her connection with any business licensed under this chapter, it shall be the duty of both that person and the licensee to notify the Director promptly.

History

• SOURCE: 5J DCRR §§448, 461 and 466.

17 DCMR § 213 SUSPENSION AND REVOCATION OF LICENSES

213.1 Any license issued under this chapter shall be revoked if the surety on the bond becomes unsatisfactory to the Mayor.

213.2 The Mayor shall revoke any license issued under this chapter when it is shown to his or her satisfaction that the licensee, in his or her license application or application for renewal, knowingly made a false statement or misrepresentation deemed material to the issuance or renewal of the license.

213.3 A business or occupational license issued under this chapter may be suspended or revoked by the Mayor for a violation of this chapter or other District law or regulation applicable to the licensed activity; Provided, that the Board has held a hearing on the question of the violation after at least five (5) days notice to the licensee.

213.4 After a suspension or revocation hearing, the Board shall forward its findings and recommendation to the Mayor through the Director.

213.5 The licensee may appeal the decision of the Electrical Examining Board to the Mayor within thirty (30) days.

213.6 On information that any person licensed under this chapter has been convicted of an offense involving moral turpitude, the Mayor may, within his or her discretion, suspend or revoke the license.

213.7 Upon the application of any person whose license has been revoked or suspended and upon showing a good cause, the Mayor may reinstate the license.

History

• SOURCE: 5J DCRR §§462, 463, 465 and 469.

17 DCMR § 214 DISPLAY OF LICENSES

214.1 Each contractor bonded and licensed to engage in a business under this chapter shall display the license in a frame under a glass in a conspicuous place accessible for inspection in the location specified on the license.

214.2 Occupational licenses issued in the form of a card shall be carried on the person of the licensee.

214.3 It shall be unlawful for any person to display a sign stating or implying that he or she is conducting a business requiring a license under this chapter; or to advertise by means of business cards, stationery, or any publication, or directory; or to claim orally to a prospective customer; or otherwise to indicate that he or she is conducting such a business, unless he or she is licensed to do so as provided in this chapter.

214.4 Contractors licensed under this chapter who have no regularly established place of business in the District shall establish a local office in the District at which the appropriate licenses shall be displayed and where legal notices may be served.

214.5 If a contractor is a non-resident of the District, or has designated on his or her license application a local officer of the firm or corporation who is a non-resident of the District, the contractor shall also designate by name and address an individual who is a resident of the District and who, by a signed statement, agrees to be the local representative of the contractor to accept notices, summons, or other legal notices for that contractor and to notify the Director of any change in his or her address or any change in the conditions of the agreement to act as agent for the contractor.

History

• SOURCE: 5J DCRR §§471, 472, 473 and 474.

17 DCMR § 215 BADGES OR IDENTIFICATION FOR EMPLOYEES

215.1 Each person licensed to engage in a business shall issue a badge or identification card to each person or employee who is engaged in any work outside the place of business of the licensee.

215.2 Each badge or identification card shall state the following:

(a) The name of the licensee;

(b) The name or class of the business license; and

(c) The name or number of the employee.

215.3 The style and form of the badge or identification card shall be approved by the Director.

History

• SOURCE: 5J DCRR §§491 and 492.

17 DCMR § 216 MASTER ELECTRICIAN'S LICENSE

216.1 Each applicant for a license as master electrician shall furnish evidence of either of the following:

(a) That he or she has worked as an electrician, as that term is defined in this chapter, for not less than four (4) years; or

(b) Equivalent experience which may include work in the United States Armed Services or Merchant Marine, or attendance at a college or university in a course of electrical engineering for four (4) years; Provided, that the applicant can show at least two (2) years of practical experience in electrical work.

216.2 The examination shall include the following:

(a) A practical knowledge of the Electrical Code and regulations applicable to electrical installations, wiring methods, types and current carrying capacities of conductors, conductor and equipment protection, and standard wiring systems and diagrams; and

(b) A demonstration by the applicant to the examining board of an ability to comprehend and interpret electrical wiring plans and drawings, to maintain electrical installations, and to repair apparatus, equipment, fixtures, and appliances in accordance with the D.C. Electrical Code and established standards.

216.3 The examination may include all of the subjects listed in §216.2 or may be limited to the scope of work included in the license application.

History

• SOURCE: 5J DCRR §623.

17 DCMR § 217 MASTER ELECTRICIAN SPECIALIST'S LICENSE

217.1 When an applicant seeks a license as a Master Electrician Specialist for the purpose of supervising the performance of work in special contracting or electrical fixture contracting, experience and qualifications limited to those special fields may be considered by the examining board.

217.2 The examination may include any of the subjects specified in §216.2, but shall be limited to the scope of work in the license application.

217.3 Each applicant shall demonstrate knowledge of District laws and regulations relating to the field in which the license is sought.

217.4 The experience and qualifications required shall be that of an electrician, as that term is defined in this chapter, or no less than four (4) years experience under the competent supervision of an electrician generally or in the special field in which a license is sought.

217.5 In addition to the general requirements of this section, the following special experience as supervisor shall be shown:

(a) Special Contracting: If a business includes one or more business classifications for which a separate examination and license is required, the applicant shall be examined for each category. The applicant must have one (1) year of experience in each specialty; and

(b) Electrical Fixture Contracting: One (1) year as a fixture hanger.

History

• SOURCE: 5J DCRR §624.

17 DCMR § 218 ELECTRICIAN'S LICENSE

218.1 To be eligible to take the examination for an electrician's license a person shall have done at least one (1) of the following:

(a) Learned the trade by having been engaged in that work or occupation for at least four (4) years comprising a minimum of four thousand (4,000) working hours as an apprentice electrician under the supervision of an electrician, master electrician, or master electrician specialist, or a contractor qualified under this chapter to receive a license as a master electrician or master electrician specialist;

(b) Received experience equivalent to that set forth in §218.1(a), which may include performance for at least four (4) years in the United States Armed Services or Merchant Marine of the type of work for which a license is sought;

(c) Satisfactorily attended, at a college or university, a course of electrical engineering for four (4) years: Provided, that the applicant must also show at least one (1) year of practical experience in electrical work; or

(d) Obtained a combination of the experience authorized in paragraphs (a), (b) and (c) of this subsection to establish eligibility to take the examination.

218.2 Examination for a license as electrician shall include the following:

(a) A practical knowledge of the Electrical Code and regulations applicable to electrical installations, wiring methods, types and current carrying capacities of conductors, conductor and equipment protection, the standards of wiring systems, and diagrams; and

(b) A demonstration by the applicant to the examining board of an ability to comprehend and interpret electrical wiring plans and drawings; to maintain electrical installations; and to repair apparatus, equipment, fixtures, and appliances in accordance with the D.C. Electrical Code and established standards.

218.3 Waiver of the examination described in §218.2 is authorized. The Board may accept, in lieu of examination, a certificate from a recognized trade organization certifying that the applicant has passed its required examination and is considered and classed by that organization as a journeyman electrician.

218.4 A journeyman's card showing membership in a recognized trade organization shall be considered as prima facie evidence that the applicant is qualified as a journeyman in that trade, and that evidence may be accepted by the examining board.

History

• SOURCE: 5J DCRR §625.

17 DCMR § 219 SPECIAL LICENSE IN ELECTRICAL MAINTENANCE AND REPAIR WORK

219.1 An individual who has been licensed in the District as a steam and operating engineer for a period of four (4) years and who performs work within the purview of the D.C. Electrical Code is eligible to take an examination for a special license in electrical maintenance and repair work.

219.2 A person eligible under §219.1 may take any examination provided for by this chapter if the applicant has at least four (4) years of experience under the steam and operating engineer's license in work within the purview of the D.C. Electrical Code.

219.3 An individual who has learned his trade by having been employed by a person, firm, or corporation in maintenance and repair work as an apprentice electrician under the direct supervision of a master electrician, master electrician specialist, or a maintenance and repair electrician for a period of four (4) years may be licensed as a maintenance and repair electrician.

219.4 The applicant shall demonstrate to the examining board a practical knowledge of the Electrical Code as it pertains to the class of wiring at the premise where the license is applied for; and an ability to maintain electrical installations and to repair apparatus, equipment, fixtures, and appliances in accordance with the D.C. Electrical Code and established standards.

History

• SOURCE: 5J DCRR §§626 and 628.

17 DCMR § 220 DUPLICATE LICENSES AND REFUNDS

220.1 If a license is lost, destroyed, or defaced, the licensee shall present to the Director a properly notarized statement to that effect.

220.2 A duplicate license shall be issued upon payment of a fee of three dollars ($3), except that where this fee is greater than the license fee, the license fee will be charged.

220.3 Refunds shall be given as follows:

(a) A business license fee, less five dollars ($5), will be refunded if the applicant has failed to qualify for a license;

(b) Occupational license refunds shall be made only on application of an applicant for a license who has not received a license and on a certificate of the Director that the applicant has failed to pass the required examination as follows:

(1) One examination - original fee less four dollars ($4); or

(2) Two examinations - original fee less six dollars ($6);

(c) Any fees erroneously collected by the District of Columbia for a license under this chapter shall be refunded.

History

• SOURCE: 5J DCRR §§724 and 725.

17 DCMR § 221 LICENSE FEES

221.1 The license fees specified in §3500 shall be separate from, or in addition to, another contractor's or business license tax which may be fixed for this and similar occupations by law or by the Mayor.

221.2 All fees shall be paid to the D.C. Treasurer before an examination and before a license is issued.

History

• SOURCE: 5J DCRR §§721 and 722.

17 DCMR § 299 DEFINITIONS

299.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Apprentice electrician - an individual at least sixteen (16) years of age who assists in the performance of manual work under the direction of a master electrician, electrician, or master electrician specialist.

Apprenticeship course of instruction - a course of instruction consisting only of manual work in the employ of an electrical contractor or employer exempt from licensure under §204.3.

Bond - the bond and surety required by the Act of Congress (Public Law 506-78th Congress, 58 Stat. 819) approved December 20, 1944, in an amount specified in this chapter for each specific business.

Director - the Director of the D.C. Department of Consumer and Regulatory Affairs, or the Director's agent, representative, or designee.

Electrical contractor - a person engaged in the business of installing, repairing, or maintaining electric wiring, fixtures, signs, apparatus, and appliances designed for using or conducting electric current and coming within the scope of the Electrical Code of the District of Columbia.

Electrical fixture contractor - a person engaged in the business of installing, repairing, or maintaining electric fixtures or signs at outlets previously provided.

Electrician - an individual who has demonstrated that he or she has learned the trade and has received a license from the District of Columbia.

Engaged in business - a person, firm, or corporation that holds itself out to the public to furnish or install, under verbal or written contract, labor or material designed to accomplish a specified result. A person so engaged shall be considered a contractor requiring a license under this chapter.

License - the authority granted by the District for a person to engage in a specific business, trade, or occupation in the District of Columbia.

Maintenance and repair electrician - an electrician employed by a person, firm, or corporation who keeps in repair electrical installations, apparatus, fixtures, and equipment; and who also may install wiring and apparatus that come within the purview of that permitted in Article 1147 of the D.C. Electrical Code, at the specific premise or premises for which the license is issued. Work done beyond the scope of Article 1147 shall only be done when a master electrician or a master electrician specialist is regularly employed.

Master electrician - an electrician who is qualified to lay out, direct, and supervise the work of other electricians.

Master electrician specialist - an electrician who is also qualified to lay out, direct, and supervise the work of other electricians in the limited field of work for which a license is issued and limited to branch circuit wiring.

Person - an individual, firm, partnership, or corporation.

Special contractor - a person engaged in a limited branch of the business of installing, repairing, or maintaining a particular appliance, apparatus, device, fixture, or commodity covered by regulations. This business may be included under one or more business classifications provided in this chapter, such as gasoline pumps, musical instruments, oil burners, signs, and stokers.

History

• SOURCE: 5J DCRR, Part 2.

17-3 REFRIGERATION AND AIR CONDITIONING LICENSING

17 DCMR § 300 GENERAL PROVISIONS

300.1 The provisions of this chapter shall govern the business of installing, maintaining, repairing, and replacing refrigeration and air conditioning equipment, within the limits set forth in §301, and require the licensing and bonding of certain persons engaged or employed in the refrigeration and air conditioning business.

300.2 Persons, firms, and corporations validly licensed in accordance with the requirements of this chapter to perform work falling within the scope of §301 shall be considered to be validly licensed under the requirements of §5 of the Act approved June 18, 1898 (D.C. Code §2-2106 (1981)) relating to the licensing of plumbers, and under the licensing requirements contained in chapter 1 of this title.

300.3 All electrical or plumbing work performed under the authority of this chapter shall, to the extent that any permit is required by the Electrical Code of the District of Columbia or the Regulations Governing the Installation of Plumbing and Gas Fitting in the District of Columbia, be performed only under the authority of a permit issued in accordance with the electrical code or plumbing regulations, and such work shall be performed in accordance with all applicable laws and regulations.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act to grant additional powers for the Commissioners of the District of Columbia, approved December 20, 1944, 58 Stat. 859, ch. 611.
• SOURCE: Commissioners' Order No. 55-2029, as amended by Commissioners' Orders No. 56-108 and 56-1385, 5U DCRR, INTRODUCTION.

17 DCMR § 301 APPLICABILITY OF REGULATIONS

301.1 The provisions of this chapter shall be applicable to persons, firms, and corporations engaged or employed in the business of installing, maintaining, repairing, or replacing air conditioning and refrigeration equipment, except as provided in §302, and subject to the limitations set forth in this section.

301.2 A person, firm, or corporation licensed under this chapter to engage or to be employed in the business of installing, maintaining, repairing, and replacing refrigeration or air conditioning equipment shall, in connection with the original installation of equipment, be limited to connecting that equipment to the following:

(a) The disconnecting means required for each motor which is located within sight of the motor and not more than ten feet (10') from the motor;

(b) A public water supply shut-off valve, located within ten feet (10') of the equipment;

(c) An approved drain; and

(d) All interconnecting control wiring on the load side of each disconnecting means which meets the requirements of §301.2(a).

301.3 The ten-foot (10') distance between the equipment and shut-off valve or disconnecting means shall be measured without regard for any intervening object other than a wall or partition.

301.4 Each disconnecting means shall be installed under the authority of an approved electrical permit, and each shut-off valve and approved drain shall be installed by (or under the supervision of) a licensed master plumber under the authority of an approved permit.

301.5 Connection of the public water supply to refrigeration or air conditioning equipment shall be through an approved check valve or vacuum breaker which shall be (or shall have been) installed by a licensed master plumber under the authority of an approved permit.

301.6 A person, firm, or corporation licensed under this chapter to engage in the business of installing, maintaining, repairing, and replacing refrigeration or air conditioning equipment shall, in connection with the maintenance, repair, or replacement of any such equipment, be limited to maintaining, repairing, or replacing the various components of refrigeration or air conditioning systems, including but not limited to, compressors, motors, controls, water regulating valves, and condensers.

301.7 The limit of electrical repairs shall be from the disconnect means furnished for each motor location, including the replacement of branch circuit wiring on the load side of the disconnect means.

301.8 The limit of plumbing repairs shall be between the approved water shut-off valve supplying the system and the approved sanitary drain with which the system is connected, including the replacement of piping.

301.9 If any existing component of any refrigeration or air conditioning system is replaced by a component of larger size or capacity which consumes a larger amount of electricity, requires the enlargement of the branch circuit wiring, requires an increase in the capacity of the disconnect means, or requires any other enlargement or increase in the capacity of any component of the system, all replacement work shall be subject to the limitations established under §301.2 through §301.5.

301.10 If new equipment is added to an existing system, the work required in connection with the installation of new equipment shall be subject to the limitations set forth in §301.2 through §301.5.

301.11 If an existing piece of equipment is replaced with new equipment, the work required in connection with the installation of the replacement equipment shall be subject to the limitations set forth in §301.6 through §301.8.

History

• SOURCE: Commissioners' Order No, 55-2029, §§2(a)-(d), 5U DCRR, §§1.2(a)-(d).

17 DCMR § 302 PERSONS NOT SUBJECT TO THESE REGULATIONS

302.1 The provisions of this chapter shall not apply to persons actually engaged in the performance of work under contract with the Federal government, or work done by personnel employed by the Federal government during the course of their regular government employment.

302.2 The provisions of this chapter shall not apply to a person who installs, maintains, or repairs refrigerating or air conditioning equipment, machinery, or devices in a laboratory for experimental and developmental purposes if the laboratory obtains an exemption certificate or letter from the Director clearly setting forth the fact that the work shall be exempt.

302.3 An employee of the District of Columbia whose name appears on the regular roll of examined licensees may be licensed without the payment of a fee if that person carries on no work authorized by that license other than for the District of Columbia. A license issued under this subsection shall be marked "District of Columbia Government Work Only."

302.4 The provisions of this chapter shall not apply to any person licensed as a steam or operating engineer under the laws of the District of Columbia if he or she is performing refrigeration or air conditioning maintenance or repair work along with his or her other routine duties as a steam or operating engineer for the person regularly employing him or her as a steam or operating engineer.

302.5 No license under this chapter shall be required of a person, firm, or corporation for the installation, maintenance, repair, or replacement of a self-contained unit system containing not more than two pounds (2 lbs.) of refrigerant; Provided, that if an electrical or plumbing permit is required by the D.C. Electrical Code or D.C. Plumbing Code for work involved in connection with the installation, maintenance, repair, or replacement of a self-contained unit system, the electrical or plumbing work may be performed only under the authority of the required electrical or plumbing permit.

302.6 No license of any kind authorized by this chapter shall be required of any person, firm, or corporation by reason of that person, firm, or corporation being engaged in the installation, maintenance, repair, or replacement of refrigeration or air conditioning equipment in motor vehicles or railroad rolling stock.

302.7 The provisions of this chapter shall not apply to any public utility, as defined in D.C. Code §43-203 (1981), which is under the jurisdiction of the Public Service Commission of the District of Columbia, when that utility is engaged or employed in the business of installing, maintaining, repairing, and replacing refrigeration and air conditioning equipment as part of the performance of work for which the utility holds a franchise to engage in rendering a public utility service.

History

• SOURCE: Commissioners' Order No. 55.2029, §§11(a)-(f), 5U DCRR, §§1.11(a)-(f).

17 DCMR § 303 GENERAL LICENSING REQUIREMENTS

303.1 Except as specifically provided otherwise in this section, no person shall engage in or be employed in the business of installing, maintaining, repairing, or replacing refrigeration and air conditioning equipment, within the limits set forth in §301, without being licensed to do so.

303.2 The licensing requirement in §303.1 shall not be applicable to persons performing refrigeration or air conditioning work under the personal supervision of, and under the authority of a permit issued to, a validly licensed Master Refrigeration and Air Conditioning Mechanic or Master Refrigeration and Air Conditioning Mechanic Limited, who is responsible for the proper performance of the work.

303.3 Nothing in this section shall be construed to prohibit performance of electrical work required in connection with the installation, repair, maintenance, or replacement of equipment by or under the supervision of a person holding a valid license authorizing him or her to perform that electrical work.

303.4 Nothing in this section shall be construed to prohibit performance of plumbing work required in connection with the installation, repair, maintenance, or replacement of equipment by or under the supervision of a person holding a valid license as a master plumber.

303.5 Work to be performed by any person licensed under the authority of this chapter shall be limited to the work permitted to be performed under the specific license issued to that person.

303.6 Each person, firm, or corporation proposing to engage in or be employed in the business of installing, maintaining, repairing, or replacing refrigeration and air conditioning equipment shall first secure one of the following licenses:

(a) Refrigeration and Air Conditioning Contractor;

(b) Master Refrigeration and Air Conditioning Mechanic; or

(c) Master Refrigeration and Air Conditioning Mechanic Limited.

303.7 It is unlawful for any person to engage in the mechanical work of installation, maintenance, repair, or replacement of refrigeration and air conditioning equipment (except persons not covered by this chapter under §302) unless he or she has first obtained a Journeyman Refrigeration and Air Conditioning Mechanic's license.

303.8 A journeyman's license shall be issued at a time determined by the Director on the basis of a qualifying examination and test of skill in the practical details of this trade given under the direction of the Refrigeration and Air Conditioning Licensing Board.

303.9 Each class of license listed in §303.6 shall entitle the holder of a license coming within that class to perform work related to the installation, maintenance, repair, or replacement of refrigeration or air conditioning equipment for a period of one (1) year, as set forth in §304.

303.10 A licensee shall register any change of address of the licensee's place of business or residence with the Director within five (5) days from the date on which the change occurs.

History

• SOURCE: Commissioners' Order No. 55-2029, §§3(a)(d) and 4(e), 5U DCRR, §§1.3(a)-(d) and 1.4(e).

17 DCMR § 304 CLASSES OF LICENSES

304.1 A license as a Refrigeration and Air Conditioning Contractor shall entitle the licensee to engage in the business of installing, maintaining, repairing, or replacing any refrigerating or air conditioning system, including components of a system, subject to the limitations set forth in §301 and §305 through §307.

304.2 A license as a Master Refrigeration and Air Conditioning Mechanic shall entitle the licensee to supervise or perform any work required in connection with the installation, maintenance, repair, or replacement of any refrigeration or air conditioning system, including the components of a system, regardless of the size and nature of the system, subject to the limitations set forth in §301.

304.3 A license as a Master Refrigeration and Air Conditioning Mechanic Limited shall entitle the licensee to supervise or perform any work required in connection with the installation, maintenance, repair, or replacement of refrigeration or air conditioning systems up to and including twenty-five (25) compressor horsepower or the equivalent tons of refrigeration in the aggregate, subject to the limitations set forth in §301.

304.4 Each person, firm, or corporation making application for a license to be engaged or employed in the business of installing, maintaining, repairing, and replacing refrigeration and air conditioning equipment as a refrigeration and air conditioning contractor shall comply with the specific requirements for the license applied for, as set forth in §305 through §307.

History

• SOURCE: Commissioners' Order No. 55-2029, §§3d (1)-(3) and 4, 5U DCRR, §§1.3(d)(1)(3) and 1.4.

17 DCMR § 305 REFRIGERATION AND AIR CONDITIONING CONTRACTORS

305.1 A license as a Refrigeration and Air Conditioning Contractor may be issued to a person, firm, or corporation proposing to engage in that business if the following requirements are met:

(a) The business shall be conducted at a specified location; and

(b) The business shall be conducted by or shall regularly employ at least one (1) person holding a valid Master Refrigeration and Air Conditioning Mechanic's license or a valid Master Refrigeration and Air Conditioning Mechanic Limited's license.

305.2 If the highest grade of license held by the person conducting or regularly employed in the business of the Refrigeration and Air Conditioning Contractor is that of Master Refrigeration and Air Conditioning Mechanic Limited, the license issued to that contractor shall be limited to the installation, maintenance, repair, or replacement of refrigeration or air conditioning systems up to and including twenty-five (25) compressor horsepower or the equivalent tons of refrigeration in the aggregate.

305.3 The license issued to a Refrigeration and Air Conditioning Contractor shall be valid only so long as the business of the licensee is conducted by or regularly employs at least one (1) person holding a valid license as a Master Refrigeration and Air Conditioning Mechanic or Master Refrigeration and Air Conditioning Mechanic Limited.

305.4 At least one (1) master mechanic conducting or regularly employed in the business of the Refrigeration and Air Conditioning Contractor shall be named the "designated master mechanic" for that contractor. The designated master mechanic shall supervise and be responsible for the work to be performed under the authority of the permits issued to the contractor in the name of the designated master.

305.5 For the purposes of this section, the term "regularly employs" or "regularly employed" means that the Master Refrigeration and Air Conditioning Mechanic or Master Refrigeration and Air Conditioning Mechanic Limited shall be available to supervise the installation of refrigeration or air conditioning equipment at all times during the installation, whenever such work is being performed by any mechanic under his or her supervision and for whose work he or she is responsible.

305.6 The non-availability of the Master Refrigeration and Air Conditioning Mechanic or Master Refrigeration and Air Conditioning Mechanic Limited designated under §305.4 to supervise the performance of any refrigeration or air conditioning work performed under the authority of a permit issued to that master shall be cause for the suspension or revocation of the license of that designated master mechanic.

305.7 If the master or limited master mechanic severs his or her connection with the contractor, both the master or limited master and the contractor shall notify the Director promptly.

305.8 If a contractor is a non-resident of the District of Columbia, or has designated on the license application a local officer of the firm or corporation who is a non-resident of the District, the contractor shall also designate by name and address an individual who is a resident of the District, and who, by a signed statement, agrees to be the local agent of the contractor to accept notices, summons, or other legal notices for that contractor and to notify the Director of any change in the agent's address or any change in the conditions of the agreement to act as agent for the contractor.

305.9 The issuance and continuing validity of a contractor's license shall be conditioned on the contractor's furnishing and keeping in force a bond in the form required by this chapter.

305.10 A contractor with more than one (1) business location shall obtain a separate license and file a separate bond for each business location.

History

• SOURCE: Commissioners' Order No. 55-2029, §4(a), 5U DCRR, §1.4(a).

17 DCMR § 306 MASTER REFRIGERATION AND AIR CONDITIONING MECHANIC

306.1 A license as a Master Refrigeration and Air Conditioning Mechanic may be issued to an applicant for that license who does the following:

(a) Furnishes evidence satisfactory to the Board of having been employed in installing, maintaining, repairing, and replacing refrigeration and air conditioning systems larger than twenty-five (25) compressor horsepower or the equivalent tons of refrigeration in the aggregate for a period of at least five (5) years immediately preceding the date of application; and

(b) Passes an examination on the practical and theoretical aspects of installing, maintaining, repairing, and replacing refrigeration and air conditioning systems larger than twenty-five (25) compressor horsepower or the equivalent tons of refrigeration in the aggregate.

History

• SOURCE: Commissioners' Order No. 55-2029, §4(b), 5U DCRR, §1.4(b).

17 DCMR § 307 MASTER REFRIGERATION AND AIR CONDITIONING MECHANIC LIMITED

307.1 A license as a Master Refrigeration and Air Conditioning Mechanic Limited, may be issued to an applicant for that license who does the following:

(a) Furnishes evidence satisfactory to the Board of having been employed in installing, maintaining, repairing, and replacing refrigeration and air conditioning systems of twenty-five (25) or less compressor horsepower or equivalent tons of refrigeration in the aggregate for a period of at least five (5) years; and

(b) Passes an examination on the practical and theoretical aspects of installing, maintaining, repairing, and replacing refrigeration and air conditioning systems up to and including twenty-five (25) compressor horsepower or the equivalent tons of refrigeration in the aggregate.

307.2 Employment in installing, maintaining, repairing, and replacing refrigeration or air conditioning systems larger than twenty-five (25) compressor horsepower or the equivalent tons of refrigeration shall be acceptable as part of the five (5) years of employment required under §307.1(a).

History

• SOURCE: Commissioners' Order No. 55-2029, §4(c), 5U DCRR, §1.4(c).

17 DCMR § 308 DISPLAY AND INSPECTION OF LICENSES

308.1 All licenses shall be subject to examination by any police officer or other authorized official of the District of Columbia government.

308.2 Each contractor shall display the license in a frame under a glass in a conspicuous place at the location specified on the license which is accessible for inspection.

308.3 Occupational license cards shall be carried on the person of each licensee.

History

• SOURCE: Commissioners' Order No. 55-2029, §4(g), 5U DCRR, §1.4(g).

17 DCMR § 309 APPLICATION FOR LICENSE

309.1 Application for a license to engage in a business or occupation covered by this chapter shall be filed with the Department of Consumer and Regulatory Affairs (also referred to in this chapter as the "Department") in writing on a form provided by the Department.

309.2 The application and examination fee set forth in §309.3 shall be paid before any license examination is conducted.

309.3 The examination and annual license fees for each class of license shall be the following:

(a) Refrigeration and Air Conditioning Contractor $35

(b) Master Refrigeration and Air Conditioning Mechanic $15

(c) Master Refrigeration and Air Conditioning Mechanic Limited $10

309.4 Each applicant shall furnish with the application two (2) recent identical photographs of the applicant, one by one and one-half inches (1"x 1 1/2") in size.

309.5 The application for a contractor's license shall include the name of the local officer or manager representing the contractor, and the master air conditioning and refrigeration mechanic who will be responsible for the performance of the work done by the person, firm, or corporation to which the license is issued.

309.6 Applications for a license shall be sworn to before a Notary Public.

309.7 An applicant who has successfully passed the examination, and who has the qualifications and fitness to engage in a business or occupation under this chapter, shall be notified by the Director of the approval of his or her application.

309.8 After having been notified that he or she has successfully passed the license examination, the applicant shall file a bond, if a bond is required under this chapter.

History

• SOURCE: Commissioners' Order No. 55.2029, §§5(a)-(d), and 3(h), 5U DCRR, §§1.5(a)-(d) and 1.3(b).

17 DCMR § 310 EXAMINATIONS

310.1 The examination for an occupational license under this chapter shall include questions, diagrams, and other material sufficient to demonstrate to the Board that the applicant has the experience and knowledge of regulations and construction methods considered necessary to engage in the occupation.

310.2 The applicant may be required to demonstrate the following to the Board:

(a) A practical knowledge of the Refrigeration Code and Regulations applicable to air conditioning and refrigeration installations;

(b) An ability to comprehend and interpret plans and drawings;

(c) An ability to maintain installations; and

(d) An ability to repair apparatus, equipment, fixtures, and appliances in accordance with the Refrigeration Code and established standards.

310.3 An applicant who fails to qualify for a license or who fails to report for a scheduled examination shall forfeit any fees paid in connection with the application. A new application shall be filed in accordance with §309 before further consideration will be given to the applicant.

History

• SOURCE: Commissioners' Order No. 55-2029, §§6(a)-(b), 5U DCRR, §§1.6(a)-(b).

17 DCMR § 311 BONDING OF LICENSEES

311.1 Persons engaged in any business required under this chapter to be bonded shall furnish and keep in force a bond running to the District of Columbia with corporate surety authorized by the Secretary of the Treasury to do business pursuant to §3 of the Act of August 13, 1894 (28 Stat. 279), as amended (6 U.S.C. §8), and by the D.C. Department of Insurance to do business in the District, in the amount specified in this chapter.

311.2 The bond shall be conditioned upon the performance of all licensed work undertaken by the person, firm, or corporation, in accordance with laws and regulations in force in the District, and shall hold the District of Columbia harmless from the consequences of any and all acts performed by that person, firm, or corporation in connection with the business during the period covered by the the bond.

311.3 If a surety becomes insolvent or bankrupt, or ceases to be authorized by the Secretary of the Treasury to do business pursuant to §3 of the Act of August 13, 1894 (28 Stat. 279), as amended (6 U.S.C. §8), or by the D.C. Department of Insurance to do business in the District, the principal shall, within ten (10) days after notice of this event given by the Director, file a new bond in like amount and conditioned as the original. If the principal fails to do so, the license of the principal shall terminate.

311.4 The Director shall furnish to anyone applying for it a certified copy of any bond filed under this section upon payment of a fee of five dollars ($5). The certified copy shall be prima facie evidence in any court that the bond was duly executed and delivered by the person, firm, or corporation whose name appears on the bond.

311.5 The required bond shall be in the penalty of five thousand dollars ($5,000), and shall be executed in accordance with the following form:

KNOW ALL MEN BY THESE PRESENTS

That we, _______ as principal and ______ as sureties, are held and firmly bound unto the District of Columbia and to any person who may be aggrieved by a violation by the principal of any law or regulation in force in the District of Columbia relating to the refrigeration and air conditioning business in the full and just sum of _____ dollars ($___ ) lawful money of the United States of America, for which payment, well and truly to be made, we bind ourselves, jointly and severally, our joint and several heirs, executors, administrators, successors, and assigns firmly by these presents.

Signed with our hands and sealed with our seals this ______ day of _____, 19 ______.

WHEREAS, the above bound ______ desires to engage in and practice the business of Refrigeration and Air Conditioning Contractor in the District, pursuant to the requirements of the Act of Congress approved December 20, 1944, 58 Stat. 819, and the refrigeration and air conditioning licensing regulations of the District of Columbia (Title 17 DCMR chapter 3) and in accordance with the laws of the District of Columbia relating to the refrigeration and air conditioning business.

NOW, THEREFORE, the conditions of the above obligations are such that if _____ shall well and truly observe and strictly and faithfully comply with the refrigeration and air conditioning licensing regulations of the District, including any amendments which may be hereafter made, and with all rules, regulations, and orders of the Mayor of the District, and all laws of the District relating to refrigeration and air conditioning work placed in, upon, or leading to or from any building or structure in the District, and shall save and keep harmless the District of Columbia and any person who may be aggrieved by the violation of the laws or regulations in force in the District of Columbia applicable to the performance of work aforesaid by the principal hereto from the consequence of any and all acts done by _____ in the execution and practice of his or her business as refrigeration and air conditioning contractor, then this obligation to be void; otherwise to remain in full force and effect for five (5) years from the date hereof.

311.6 The surety on any bond may terminate its liability under the bond by giving thirty (30) days written notice of termination, served either personally or by registered mail, to the principal and the Director.

311.7 Upon giving notice under §311.3, the surety shall be discharged from all liability under the bond for any act or omission of the principal occurring after the expiration of thirty (30) days from the date of service of the notice.

311.8 Unless on or before the expiration of the notice period the principal files a new bond in like amount and conditioned as the original in substitution of the bond so terminated, the license of the principal to engage in the licensed business shall likewise terminate upon the expiration of the notice period.

311.9 Any person aggrieved by the violation of any law or regulation in force in the District of Columbia relating to the licensed business shall have, in addition to a right of action against the person, firm, or corporation, a right to bring suit against the surety on the bond, either alone or jointly with the principal, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the principal which is in violation of law or regulation in force in the District relating to that business: Provided, that nothing in this section shall be construed to impose upon the surety on any bond a greater liability than the total amount of the bond, or the amount remaining unextinguished by any prior recovery or recoveries, as the case may be.

311.10 If a recovery is had on any bond, the principal shall restore the bond to its original amount.

311.11 Upon making any payment on account of its bond, the surety shall immediately notify the Director.

History

• SOURCE: Commissioners' Order No. 55-2029, §§7(a)-(e), 5U DCRR, §1.7(a)-(e).

17 DCMR § 312 RENEWAL OF LICENSES

312.1 A renewal license may be issued before the date of expiration of the current license without reexamination if all of the following conditions are met:

(a) All permit fees have been paid;

(b) Work or services performed under the existing license have been done in a manner satisfactory to the Director;

(c) The application and any required bond is approved; and

(d) The license renewal fee is paid.

312.2 The renewal license shall bear the date and be effective as of the expiration date of the old license.

312.3 The application for renewal of a license, accompanied by any required bond, shall be filed with the Director in writing on the form provided, and the license renewal fee shall be paid before expiration of an existing license, except as otherwise provided in this section.

312.4 Any person licensed under this chapter who fails to renew his or her license prior to the expiration date of his or her license will be permitted to renew the license without being required to take an examination in connection with the renewal, subject to the following conditions:

(a) That the license was not revoked during the period for which it was issued, and that it was in full force and effect on the date of expiration;

(b) That the application for renewal is made in writing within thirty (30) days from the date the license expired;

(c) That the applicant for renewal has not engaged in the activity for which the license is required during the period he or she remained unlicensed after the expiration of the previous license, and submits to the Examining Board a notarized statement that he or she has not so engaged in such activity; and

(d) That the applicant for renewal of an expired license personally appears before the Examining Board to answer any questions relative to the application for renewal that the Examining Board may require.

312.5 This section shall not be construed as authorizing or permitting the holder of a license issued under the authority of this chapter whose license has expired and whose license has not been renewed in accordance with this section to continue to operate as if he or she were the holder of a valid license.

312.6 This section shall not be construed as waiving any provision in this chapter prohibiting any person from engaging in an activity for which a license is required without first having been issued a valid license to engage in that activity.

312.7 If a license expires while the licensee is in the service of the Armed Forces of the United States or the Merchant Marine, the license may be renewed without further examination on payment of renewal fee, and upon presentation of the application for renewal to the Director within six (6) months after discharge.

312.8 Proof that the licensee was serving in the Armed Forces of the United States or the Merchant Marine on the date of expiration of the license shall accompany the application for renewal.

History

• SOURCE: Commissioners' Order No. 55-2029, §§8(a)-(e), 5U DCRR, §1.8(a)-(e).

17 DCMR § 313 TERMINATION, SUSPENSION, AND REVOCATION OF LICENSES

313.1 A business license issued under this chapter shall terminate if the licensee fails to file and maintain an approved bond as required under this chapter.

313.2 Any license issued under this chapter shall be revoked if the surety on the bond becomes unsatisfactory to the Board.

313.3 The Board may revoke any license issued under this chapter when it is shown to its satisfaction that the licensee, in his or her license application or application for renewal, knowingly made a false statement or misrepresentation deemed material to the issuance or renewal of the license.

313.4 A contractor's or occupational license issued under this chapter may be suspended or revoked by the Board for a violation of this chapter or other District of Columbia law or regulation applicable to the licensed activity; Provided, that the Board has held a hearing on the question of the violation after at least ten (10) days notice to the licensee.

313.5 On information that any person licensed under this chapter has been convicted of an offense involving moral turpitude, the Board may, within its discretion, deny, revoke, or suspend the license.

313.6 Upon the application of any person whose license has been denied, revoked, or suspended and upon showing a good cause, the Board may issue or reinstate the license.

History

• SOURCE: Commissioners' Order No. 55.2029, §§9(a)-(d), and 4(h), 5U DCRR, §§1.9(a)-(d) and 1.4(h).

17 DCMR § 314 PERMITS

314.1 Permits for work to be done in accordance with the various codes governing the scope of work permitted under this chapter, as set forth in §301, shall be issued by the Director only to persons who hold valid Master Refrigeration and Air Conditioning Mechanic licenses or Master Refrigeration and Air Conditioning Mechanic Limited licenses, or to a firm or corporation doing business by virtue of having a person holding one of the master's licenses currently in its employ, in accordance with the provisions of this chapter.

314.2 The Director, if he or she should find that certain work does not comply with the codes and regulations governing its performance, shall inform the permit holder of the discrepancy and give the permit holder a specific amount of time to bring the work into compliance.

314.3 If the permit holder does not bring the work into compliance within the time given, the Director shall call upon the permit holder's surety bond to pay another qualified person or firm to complete the work. This action may be taken in addition to other penalties provided in this chapter and other regulations.

History

• SOURCE: Commissioners' Order No. 55-2029, §§10(a)-(b), 5U DCRR, §§1.10(a)-(b).

17 DCMR § 315 PROHIBITED ACTS AND PENALTIES

315.1 No person shall perform work without having been issued the license under which that work may be performed. The license must be currently valid and in full force and effect.

315.2 Any license that is changed or altered shall be void.

315.3 If a license is lost, destroyed, or defaced, the licensee shall present a statement to that effect, properly notarized, and a duplicate license will be issued on payment of a fee of one dollar ($1) to those persons who can show good cause.

315.4 No person holding a license under this chapter shall suffer or allow any other person to use or operate under that license.

315.5 No license shall be assigned or transferred.

315.6 No licensee, in making an installation, shall create a violation of any other regulations.

315.7 No Master Refrigeration and Air Conditioning Mechanic or Master Refrigeration and Air Conditioning Mechanic Limited shall be responsible for the work of more than one (1) contractor.

315.8 No person without a license required by this chapter may perform any air conditioning or refrigeration work in the District of Columbia except in buildings under the control of the officer in charge of Public Buildings and Grounds or of the Architect of the Capitol.

315.9 No person shall display a sign stating or implying that he or she is conducting a business requiring a license under this chapter, unless her or she is licensed to do so as provided in this chapter.

315.10 No person shall advertise by means of business cards, stationery, or any publication or directory, or claim orally to a prospective customer, or otherwise indicate that he or she is conducting an air conditioning and refrigeration business, unless he or she is licensed to do so as provided in this chapter.

315.11 Any person who violates any rule or section of this chapter, shall, upon conviction, be punished by a fine of not more than three hundred dollars ($300) or imprisonment of not more than ninety (90) days.

History

• SOURCE: Commissioners' Order No. 55-2029, §§12(a)-(g) and 13, 5U DCRR, §1.12(a)-(g) and 1.13.

17 DCMR § 399 DEFINITIONS

399.1 When used in this chapter, the words and phrases set forth in this section shall have the meanings ascribed.

Air Conditioning - the simultaneous control of all, or at least the first three (3), of those factors affecting both the physical and chemical conditions of the atmosphere within any structure. These factors include temperature, humidity, motion, distribution, dust, bacteria, odors, and toxic gases.

Approved drain - a receptacle intended to receive and discharge water, liquid, or water-carried wastes into a drainage system with which it is connected, the material, workmanship and type of construction of which is approved by the Director of the D.C. Department of Environmental Services.

Board - the Refrigeration and Air Conditioning Licensing Board established by Organization Order No. 115, approved October 18, 1955.

Contractor - a person, firm, or corporation holding himself, herself, or itself out to the public as being able to engage in the business of installing, maintaining, repairing, and replacing refrigeration and air conditioning equipment. A contractor may be an individual holding a license as a Master Refrigeration and Air Conditioning Mechanic or a license as a Master Refrigeration and Air Conditioning Mechanic Limited; or a contractor may be a partnership or corporation, one of whose officers holds one of the master licenses, or which employs an individual holding one of the master licenses.

Director - the Director of the D.C. Department of Consumer and Regulatory Affairs, or the Director's agent, representative, or designee.

Disconnecting means - a device, group of devices, or other means by which the conductors of an electrical circuit can be disconnected from the source of supply.

Installation or installing - the placement of equipment in position and the making ready of that equipment for operation.

License - a certificate issued by the government of the District of Columbia enabling its holder to engage in the business of Refrigeration and Air Conditioning Contractor, or to engage in the occupation of Master Refrigeration and Air Conditioning Mechanic, or Master Refrigeration and Air Conditioning Mechanic Limited.

Person - a natural person, or a firm, partnership, association, or corporation.

Refrigeration - the process of extracting heat by mechanical means through one of the following:

(a) The compression and evaporation of a gas;

(b) The evaporation of a liquid; or

(c) The absorption or adsorption of a liquid or vapor.

Self-contained unit system - a complete factory-made and factory-tested refrigeration or air conditioning system which is fabricated and assembled in a suitable frame or enclosure, including all components necessary for the proper operation of the system, and in which no refrigerant - containing parts are connected in the field.

Shut-off valve - a cut-off to stop the flow of water from the public water supply.

History

• SOURCE: Commissioners' Order No. 55-2029, §1, 5U DCRR, §1.1.

17-4 STEAM ENGINEERS

17 DCMR § 400 REQUIREMENTS FOR LICENSED OPERATORS

400.1 The operation and maintenance of the following equipment shall be exempt from the requirement of having licensed operating engineers:

(a) Vehicles operated under the regulations of the D.C. Public Service Commission or the U.S. Interstate Commerce Commission;

(b) Machinery on boats or vessels operated under the regulations of the United States Coast Guard;

(c) Automotive vehicles used solely for traction purposes;

(d) Packaged, self-contained air conditioning units;

(e) Automatically operated air conditioning systems with non-toxic and non-inflammable refrigerant and not over a total of one hundred twenty-five (125) compressor horsepower, where no one refrigerant circuit is in excess of seventy-five (75) horsepower;

(f) Automatically operated air conditioning systems using the heat absorption cycle with a non-toxic and non-inflammable refrigerant and not over a total of one hundred twenty-five (125) tons of refrigeration, where no one refrigerant circuit is in excess of seventy-five (75) tons, except where a boiler of a type and capacity that requires a licensed engineer is used;

(g) Cold storage and refrigeration systems using non-toxic and non-inflammable refrigerant not in excess of seventy-five (75) compressor horsepower;

(h) Cold storage and refrigeration systems using the heat absorption cycle with a non-toxic and non-inflammable refrigerant not in excess of forty (40) tons;

(i) Cold storage and refrigeration systems using toxic or inflammable refrigerant not in excess of five (5) compressor horsepower;

(j) Cold storage and refrigeration systems using the heat absorption cycle with a toxic or inflammable refrigerant not in excess of three (3) tons;

(k) Automatically operated pumping stations;

(l) Hot water heating boilers where the total boiler horsepower is not in excess of seventy-five (75) horsepower [sixteen thousand eight hundred square feet (16,800 ft.2) of water radiation at one hundred fifty degrees Fahrenheit (150° F.)];

(m) Air compressors having a capacity of less than one hundred ten cubic feet per minute (110 ft.3/min.) at one hundred pounds per square inch (100 lbs./in.2) pressure;

(n) Motor or engine driven electric generator sets used for welding or lighting not in excess of fifty kilovolt amperes (50 KVA); or

(o) Low pressure steam boilers having gravity or trap returns.

400.2 The operation and maintenance of the following equipment shall be by or under the daily supervision of a steam or other operating engineer who is duly licensed in the proper class by the Board of Examiners for Steam and Other Operating Engineers in the District of Columbia:

(a) Boilers and boiler auxiliaries;

(b) Steam engines;

(c) Refrigeration equipment with non-toxic and non-inflammable refrigerant driven by electric motors in excess of twenty-five (25) horsepower;

(d) Refrigeration systems using the heat absorption cycle with non-toxic and non-inflammable refrigerant;

(e) Refrigeration systems of five (5) or more compressor horsepower using a toxic or inflammable refrigerant;

(f) Refrigeration systems of three (3) or more tons using the heat absorption cycle with a toxic or inflammable refrigerant;

(g) Internal combustion engines in excess of twenty-five (25) horsepower; and

(h) Air compressors driven by electric motors or internal combustion engines.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act to regulate steam-engineering in the District of Columbia, approved February 28, 1887, 24 Stat. 427, ch. 272. Sec. 2.
• SOURCE: §§1.1 and 1.2 of Commissioners' Order No. 301, 945, 5M DCRR §§1.1 and 1.2.

17 DCMR § 401 DUTIES OF LICENSED OPERATORS

401.1 The licensed operating engineer shall be responsible for the safe operation and maintenance of all equipment in his or her charge.

401.2 The operating engineer licensed under this chapter shall personally inspect all equipment in his or her charge at least once every twenty-four (24) hours when the equipment is in continuous operation.

401.3 When the equipment is in operation for a period or periods of less than twenty-four (24) hours duration, the licensed operating engineer shall personally inspect the equipment at least once during each period of operation.

401.4 The continuous presence at all times of a steam or other operating engineer duly licensed in the proper class by the Board of Examiners for Steam and Other Operating Engineers in the District of Columbia shall be required for the operation, maintenance, or supervision of the operation or maintenance of high-pressure steam boilers as defined in this chapter.

401.5 If the engineer-in-charge is on the premises and within call, he or she shall be deemed to be in continuous presence for the purpose of this section.

History

• SOURCE: §1.1 of Commissioners' Order No. 301, 945, 5M DCRR §§1.1.

17 DCMR § 402 BOARD OF EXAMINERS OF STEAM AND OTHER OPERATING ENGINEERS

402.1 The Board of Examiners (appointed by the Mayor in accordance with the provisions of D.C. Code §2-2402 (1981)) shall meet not less than thirty (30) times per year for the examination of applicants for steam and other operating engineer licenses and for the transaction of other business which may be necessary in connection with their office.

402.2 The examination for steam and other operating engineer licenses shall include questions, diagrams, and practical tests of sufficient scope to thoroughly demonstrate to the Board that the applicant has the necessary experience; knowledge of the basic principles involved in the safe operation, care, and maintenance of the applicable equipment; and is qualified to take complete charge of and safely operate the engine or steam or hot water boiler or machinery of the class for which an application for a license has been made.

402.3 An applicant for a license for portable and construction equipment operator shall not be required to be examined unless the Board is in doubt about the applicant's ability as expressed by his or her statement of experience and endorsers.

History

• SOURCE: §§2.1 and 2.2 of Commissioners' Order No. 301, 945, 5M DCRR §§2.1 and 2.2.

17 DCMR § 403 CLASSES OF LICENSES

403.1 The following classes of licenses shall be offered:

(a) Class 1 - Steam Engineer;

(b) Class 2 - Steam Engineer;

(c) Class 3 - Steam and Hot Water Heating Boiler Engineer;

(d) Class 4 - Steam Engineer;

(e) Class 5a - Steam Engineer;

(f) Class 5b - Miniature Boiler Engineer;

(g) Class 6 - Steam and Hot Water Heating Boiler Engineer;

(h) Class 7 - Portable and Construction Equipment Operator;

(i) Class 8a - Operating Engineer - Refrigeration; and

(j) Class 8b - Operating Engineer - Stationary Internal Combustion.

403.2 The total horsepower rating of all boilers and machinery installed and connected in a building or plant, except in the case of Class 3 Engineers as provided in §404.4, shall be the basis of determining the grade of license required. Machinery specifically exempted in §400.1, fractional horsepower motors, and electric motors used as prime movers of machinery not covered by this chapter shall not be included.

History

• SOURCE: §§3.1, 3.2, 3.3, and 3.12 of Commissioners' Order No. 301, 945, 5M DCRR §§3.1, 3.2, 3.3, and 3.12.

17 DCMR § 404 LICENSE REQUIREMENTS

404.1 To qualify for a license under this chapter, the applicant shall be required to meet the qualifications set forth in this section for each class of license.

404.2 An applicant for a Class 1 - Steam Engineer license shall have the following qualifications:

(a) The experience and knowledge to take charge of and operate any plant; and

(b) Two (2) years of experience in addition to the experience required for the Class 3 license (§404.4), one of which shall be as an engineer in a 2nd class plant, or as a Class 2 Steam Engineer and assistant engineer in a 1st Class plant while holding a 2nd Class License.

404.3 An applicant for a Class 2 - Steam Engineer license shall have the following qualifications:

(a) The experience and knowledge to take charge of and operate a high pressure steam plant where total horsepower of the boilers and engines or refrigeration machinery is not in excess of seven hundred fifty (750) horsepower; and

(b) In addition to the experience required for examination for the Class 3 Steam Engineer license, one (1) year of experience as an assistant engineer in charge of a 3rd Class plant.

404.4 An applicant for a Class 3 - Steam and Hot Water Heating Boiler Engineer license shall have the following qualifications:

(a) The experience and knowledge to take charge of and operate any of the following:

(1) A plant having high pressure steam boilers not to exceed four hundred (400) horsepower or a combination of high pressure boilers and heating boilers or refrigeration equipment, not to exceed a total of four hundred (400) horsepower;

(2) A heating plant having low pressure steam boilers with a pump return and refrigeration equipment, with no limitation on total capacity; or

(3) A heating plant having hot water boilers and refrigeration equipment, with no limitation on total capacity.

(b) At least two (2) years of experience in a high pressure steam plant of more than seventy-five (75) boiler horsepower as an assistant engineer, fireman, or oiler; or four (4) years of experience in a plant of not less than fifty horsepower (50) [Seven thousand square feet (7,000 ft.2) of steam radiation or eleven thousand two hundred square feet (11,200 ft.2) of water radiation at one hundred fifty degrees Fahrenheit (150° F.)].One year of experience will be waived for a graduate mechanical engineer from a duly recognized school of technology or a graduate of an approved engineer apprentice training program.

404.5 An applicant for a Class 4 - Steam Engineer license shall have the following qualifications:

(a) The experience and knowledge to take charge of and operate high pressure stationary steam boilers not in excess of seventy-five (75) horsepower and steam pressure not in excess of one hundred twenty-five pounds per square inch (125 lbs./in.2); and

(b) At least six (6) months of experience in the care and operation of steam boilers.

404.6 An applicant for a Class 5a - Steam Engineer license shall have the following qualifications:

(a) The experience and knowledge to take charge of and operate high pressure stationary steam boilers not in excess of twenty-five (25) horsepower and steam pressure not in excess of one hundred twenty-five pounds per square inch (125 lbs./in.2); and

(b) At least six (6) months of experience in the care and operation of steam boilers.

404.7 An applicant for a Class 5b - Miniature Boiler Engineer license shall have the following qualifications:

(a) The experience and knowledge to take charge of and operate a boiler which does not exceed the following limits: sixteen inch (16") diameter of shell, forty-two inches (42") of shell, twenty square feet (20 ft.2) of heating surface, and one hundred pounds per square inch (100 lbs./in.2) allowable working pressure; and

(b) At least six (6) months of experience in the care and operation of steam boilers.

404.8 An applicant for a Class 6 - Steam and Hot Water Heating Boiler Engineer license shall have the following qualifications:

(a) The experience and knowledge to take charge of and operate steam and hot water heating boilers, where the steam pressure does not exceed fifteen pounds per square inch (15 lbs./in.2 and the steam or hot water heating boilers do not exceed two hundred (200) horsepower (twenty eight thousand square feet (28,000 sq. ft.2)) of steam radiation or forty-four thousand eight hundred square feet (44,800 sq. ft.2) of water radiation at one hundred fifty degrees (150°F.); and

(b) At least one (1) year of experience as a fireman or operator of a boiler other than a miniature boiler.

404.9 An applicant for a Class 7 - Portable and Construction Equipment Operator license shall have the following qualifications:

(a) The experience and knowledge to take charge of and operate portable and construction equipment and machinery where the prime mover is in excess of twenty-five (25) horsepower, or as otherwise designated in the following classifications:

(1) Air compressors having a pressure capacity in excess of one hundred ten cubic feet per minute (110 ft.3 /min.) at one hundred pounds per square inch (100 lbs./in.2), hoists, and similar related equipment: at least six (6) months of experience in the care and operation of the class of equipment for which the license is to be applied;

(2) Bulldozers, scrapers, rollers, graders, front-end loaders, trenching machines, and similar and related equipment: at least one (1) year of experience in the care and operation of the class of equipment for which the license is to be applied;

(3) Cranes, shovels, derricks, draglines, clam shells, pile drivers, and similar and related equipment: at least two (2) years of experience in the care and operation of the class of equipment for which the license is to be applied.

404.10 An applicant for a Class 8a - Operating Engineer - Refrigeration license shall have the following qualifications:

(a) The experience and knowledge to take charge of and operate refrigeration systems where the total connected load is not in excess of two hundred (200) compressor horsepower, or two hundred (200) tons for an absorption system, and where there is no other equipment requiring a licensed steam or other operating engineer; and

(b) At least one (1) year of experience in the care and operation of refrigeration equipment.

404.11 An applicant for a Class 8b - Operating Engineer - Stationary Internal Combustion license shall have the following qualifications:

(a) The experience and knowledge to take charge of and operate stationary internal combustion engines where there is no other equipment requiring a licensed steam and other operating engineer; and

(b) At least one (1) year of experience in the care and operation of internal combustion engines.

History

• SOURCE: §§3.1 through 3.10 of Commissioners' Order No. 301, 945, 5M DCRR §§3.1 through 3.10.

17 DCMR § 405 APPLICATION FOR LICENSE EXAMINATION

405.1 Application for examination shall be made on a blank form furnished by the Board of Examiners.

405.2 The class of license applied for, together with a statement of the experience of the applicant in operating steam boilers and engines with machinery, must be given and sworn to before a Notary Public in the form of an affidavit.

405.3 Except as otherwise provided in this section, each application shall also include the endorsement of three (3) reputable citizens of the District of Columbia, regarding the character and moral habits of the applicant, one of whom shall be a licensed engineer of the District of Columbia.

405.4 If an applicant holds or has held an unrevoked license as an engineer in another jurisdiction, the requirement for an engineer's endorsement (§405.3) may be waived.

405.5 The application for Class 7 - Portable and Construction Equipment Operator license shall include three (3) endorsers, as follows:

(a) A District of Columbia licensed operator who holds a license similar to that for which application is being made;

(b) An employer, either past or present, for whom the applicant has worked in a capacity similar to the grade for which he is applying; and

(c) An additional signature of either one of the groups identified in paragraphs (a) and (b) of this subsection.

405.6 Each endorser shall certify that the applicant is personally known to the endorser, and that the applicant has the necessary experience and qualifications to entitle the applicant to a license.

405.7 If the Board of Examiners has any doubt as to the qualifications of an applicant, the Board may investigate the applicant's experience and endorsements, or may require a practical demonstration of the applicant's ability to perform the required duties of an operator. A competent operator may be asked to assist and advise the members of the Board if a practical demonstration is required.

405.8 Applications shall be filed in the office of the Board of Examiners by Thursday of the week of examination.

405.9 Each application shall be accompanied by two (2) unmounted full face photographs, 2-1/4" by 2-3/4" in size, taken not more than three (3) months prior to the date application is filed.

405.10 The license fee of three dollars ($3) shall be paid to the D.C. Treasurer when the applicant procures his or her license.

History

• SOURCE: §5.1 of Commissioners' Order No. 301, 945, 5M DCRR §5.1.

17 DCMR § 406 CERTIFICATION OF APPLICANTS

406.1 If the statement of experience as given on the application and the endorsements are satisfactory to the Board of Examiners, the applicant shall be granted a license in the grade for which he or she applies without further examination.

406.2 An applicant who successfully passes the required examination shall be certified by the Board of Examiners for a license in the class for which he or she was examined, or in a lower class if, in the opinion of the Board, the applicant lacks either experience or requisite knowledge in the class for which application was made.

406.3 An applicant who fails to pass the required examination for a Class 1, Class 2, or Class 3 license shall not be granted another examination until a period of six (6) months has elapsed.

406.4 An applicant who fails to pass the required examination for a Class 4, Class 5, Class 6, Class 7, or Class 8 license shall not be granted another examination until a period of three (3) months has elapsed.

406.5 Each applicant will be notified by letter as to whether or not he or she passed or failed the examination.

History

• SOURCE: §§5.1 and 5.2 of Commissioners' Order No. 301, 945, 5M DCRR §§5.1 and 5.2.

17 DCMR § 407 ISSUANCE AND DISPLAY OF LICENSES

407.1 Licenses shall be issued for steam or other operating engineers in the classes listed.

407.2 Steam Engineer Licenses (Classes 1, 2, and 3) shall entitle the licensee to operate in any lower class except Class 7.

407.3 Operating engineer licenses shall restrict the licensee to operate in the class stated on the license.

407.4 When a license has been lost or otherwise misplaced, the owner shall present a statement properly notarized to that effect and pay a fee of five dollars ($5) for the issuance of a duplicate license.

407.5 Each license shall bear a photograph and the name and signature of the person to whom it is issued.

407.6 Each license shall be displayed in a glass frame in a prominent place in the plant where the licensee is employed; except in the case of Hoisting and Portable Operating Engineers, who are issued card-size licenses which must be carried on the person of the licensee.

407.7 All licenses shall be subject to examination by any police officer or official of the District government at all times.

History

• SOURCE: §6.1 of Commissioners' Order No. 301, 945, 5M DCRR §6.1.

17 DCMR § 408 EXPIRATION AND RENEWAL OF LICENSES

408.1 Licenses shall be issued to expire September 30, and shall be renewed every year by September 30.

408.2 Licenses may be renewed in the same class for which issued without reexamination upon the presentation of the current license and the payment of a fee of three dollars ($3) prior to (but not more than a maximum of sixty (60) days before) expiration, or on the date of expiration of the license.

408.3 D.C. Government employees do not have to pay the renewal fee.

History

• SOURCE: §6.1 of Commissioners' Order No. 301, 945, 5M DCRR §6.1.

17 DCMR § 409 RENEWAL OF EXPIRED LICENSES

409.1 Reexamination and a fee of three dollars ($3) shall be required for the renewal of licenses that have been allowed to lapse.

409.2 Any person licensed under the authority of this chapter who has failed to renew his or her license prior to its expiration shall be permitted to renew the license without being required to take an examination in connection with the renewal, subject to the following conditions:

(a) That the license was not revoked during the period for which it was issued, and was in full force and effect on the date of expiration; and

(b) That application for renewal has been made in writing within thirty (30) days after the date the license expired.

409.3 Nothing contained in this section shall be construed as authorizing or permitting the holder of a license which has expired and has not been renewed to continue to operate as if he or she were still holding a valid license.

409.4 Nothing contained in this section shall be construed as waiving any person from engaging in an activity for which a license is required without having first been issued a valid license to engage in that activity.

409.5 If a license expires while the licensee is in service in the U.S. Armed Forces, the license may be renewed without further examination upon presentation of his or her license to the Chairperson of the Board of Examiners within six (6) months after discharge with proof that the licensee was serving in the Army, Navy, Air Force, Marine Corps, or Coast Guard at the date of the expiration of the license.

409.6 The usual renewal fee of three dollars ($3) shall be paid, and the new expiration date shall be one (1) year from the date of approval by the Chairman of the Board of Examiners. All licenses issued under this section shall expire September 30 of each year.

History

• SOURCE: §6.1 of Commissioners' Order No. 301, 945, 5M DCRR §6.1.

17 DCMR § 499 DEFINITIONS

499.1 When used in this chapter or in connection with the implementation of this chapter, the terms and phrases set forth in this section shall have the meanings ascribed.

Boiler Horsepower - a horsepower shall be defined as any of the following:

(a) The evaporation of thirty-four and one-half pounds of steam per hour (34.5 lbs./hr.) from and at two hundred twelve degrees (212°F.);

(b) Thirty-three thousand four hundred and seventy-five British Thermal Units per hour (33,475 BTU/hr.);

(c) One hundred forty square feet (140 ft.2) of steam radiation;

(d) Two hundred twenty-four square feet (224 ft.2) of water radiation at one hundred fifty degrees Fahrenheit (150° F.); or

(e) Ten kilowatts per hour (10 kw./hr.) electrical input to the boiler.

Compressor Horsepower of a Refrigerating System - for purposes of this chapter, the manufacturer's horsepower rating as given on the name plate of the unit.

High Pressure Boiler - any steam boiler that has the safety valve(s) set to relieve a pressure of more than fifteen pounds per square inch (15 lbs./in.2).

Horsepower Rating - the horsepower rating of a boiler shall be the largest rating determined in accordance with the following:

(a) By dividing the square feet of boiler heating surface by ten (10);

(b) If the boiler rating is based on other than ten square feet of heating surface per horsepower (10 ft.2/hp.), the manufacturer's output rating in horsepower shall be used; or

(c) If the manufacturer's output rating is expressed in terms other than horsepower, the rating shall be converted into horsepower by the use of one of the factors in the definition of "boiler horsepower."

Horsepower Rating of a Refrigeration System - where reference is made to the "horsepower of a refrigeration system," this shall be considered to be either compressor horsepower or tons of refrigeration as converted to horsepower on an equal basis.

Hot Water Heating Boiler - any hot water boiler operated at pressures not exceeding one hundred sixty pounds (160 lbs.) or temperatures not exceeding two hundred fifty degrees Fahrenheit (250°F.).

Low Pressure Boiler - any steam boiler that has the safety valve(s) set to relieve at a pressure of fifteen pounds per square inch (15 lbs/in.2) or less.

Packaged Self-Contained Air Conditioning Unit - a "packaged, self-contained" air conditioning unit is where the unit is contained in one casing except for a cooling tower and circulating pump, and which is completely assembled and tested by one manufacturer and bears the approval label of the Underwriters Laboratories or the American Gas Association.

Ton of Refrigeration - the removal of heat at the rate of twelve thousand British Thermal Units per hour (12,000 BTU/hr.).

History

• SOURCE: §§4.1 through 4.9 of Commissioners' Order No. 301, 945, 5M DCRR §§4.1 through 4.9.

17-5 BASIC BUSINESS LICENSE SCHEDULE OF FEES

17 DCMR § 500 GENERAL PROVISIONS

500.1 This chapter establishes the fees and charges for licenses issued pursuant to the basic business license system (D.C. Official Code § 47-2851.01, et seq.).

500.2 The Director shall charge a fee of seventy dollars ($70) for each basic business license, plus a fee of twenty-five dollars ($25) for each endorsement added to the basic business license, except for a General Business license and endorsement under 516.1(c) and an Employment Services license and endorsement under 513.1(a), (b), and (c) for which no fee shall be charged. Each basic business license and endorsement shall be valid for two (2) years from the date of issuance, unless earlier revoked or voluntarily relinquished.

500.3 The Director shall charge a fee of seventy dollars ($70) for the renewal of each basic business license, plus a fee of twenty-five dollars ($25) for each renewal endorsement added to a basic business license, except for a General Business license and endorsement under 516.l(c) and an Employment Services license and endorsement under 513.1 (a), (b), and (c) for which no fee shall be charged.

500.4 Starting on October 1, 2010, the Director shall charge an additional fee of ten percent (10%) on the total cost of each basic business license to cover the costs of enhanced technological capabilities of the basic business licensing system.

History

• SOURCE: Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 12191, 12192 (December 24, 2010); as amended by Final Rulemaking published at 64 DCR 538 (January 20, 2017); as amended by the Business License Technology Fee Reauthorization Amendment Act of 2017, enacted July 31, 2017 (D.C. Act 22-130; 64 DCR 7652 (August 11, 2017)); as amended by the Fiscal Year 2022 Budget Support Act of 2021, effective November 13, 2021 (D.C. Law 24-45; 68 DCR 010163 (October 1, 2021)). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 500

17 DCMR § 501 ENTERTAINMENT LICENSE ENDORSEMENT

501.1 The Director shall charge fees for business license categories with an Entertainment endorsement as follows:

(a) Amusement park: $416;

(b) Athletic exhibition: $34;

(c) Billiard parlor: $102 per table;

(d) Bowling alley: $102 per lane;

(e) Carnivals and street festivals: $158 per day;

(f) Circus: $14 per car; $19 per truck; with a maximum fee of $875;

(g) Game table: $102 per table;

(h) Mechanical Amusements Machines: $50 for every three (3) machines;

(i) Moving picture theater: $1,079;

(j) Public hall: $1,300;

(k) Skating rink: $1,300;

(l) Special events:

(1) If the application for the license is submitted thirty (30) days or more before the event: $205 per day of event;

(2) If the application for the license is submitted between fifteen (15) and twenty-nine (29) days before the event: $205 per day of event, plus $100 expediting fee;

(3) If the application for the license is submitted fourteen (14) or fewer days before the event: $205 per day of event, plus $200 expediting fee;

(m) Theater (live): $2,392.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12192 (December 24, 2010).

17 DCMR § 502 ENVIRONMENTAL MATERIALS ENDORSEMENT

502.1 The Director shall charge fees for business license categories with an Environmental Materials endorsement as follows:

(a) Asbestos abatement business: $780;

(b) Bulk fuel metering: $167;

(c) Bulk fuel storage: $208;

(d) Bulk fuel above-ground tank: $245 per tank;

(e) Bulk fuel below-ground tank: $160;

(f) Dry cleaner: $289;

(g) Explosives: $123;

(h) Fireworks sales: $130;

(i) Fireworks sales (temporary): $130;

(j) Fireworks sales (wholesale): $1,976;

(k) Gasoline dealer: $21 per pump;

(l) Kerosene sales: $78;

(m) Pesticide applicator: $130;

(n) Pesticide operator: $260;

(o) Pesticide dealer: $200;

(p) Pyroxlin: $130;

(q) Solid waste collector: $1,235;

(r) Solid waste vehicle: $253 per truck;

(s) Solvent sales: $50; and

(t) Varsol sales: $50.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12193 (December 24, 2010).

17 DCMR § 503 HOUSING: TRANSIENT ENDORSEMENT

503.1 The Director shall charge fees for business license categories with a Housing: Transient endorsement as follows:

(a) Boarding house or Rooming house:

(1) With one to four units: $0;

(2) With five to 10 units: $208;

(3) With 11 or more units: $208, plus $45 per each additional 10 units or fraction thereof;

(b) Hotel:

(1) With one to 29 rooms: $190;

(2) With 30 to 50 rooms: $619;

(3) With 51 or more rooms: $619, plus $45 for each additional 10 rooms or fraction thereof;

(4) Hotel kitchen:

(A) One kitchen: $0;

(B) Two or more kitchens: $190 per kitchen;

(c) Inn and motel:

(1) With one to 29 rooms: $45;

(2) With 30 to 50 rooms: $411;

(3) With 51 or more rooms: $411, plus $45 for each additional 10 rooms or fractions thereof;

(d) Bed and breakfast:

(1) With one to four rooms: $0;

(2) With five to 10 rooms: $208; and

(3) With 26 or more rooms: $208, plus $45 for each additional 10 rooms or fractions thereof.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12194 (December 24, 2010).

17 DCMR § 504 HOUSING: RESIDENTIAL ENDORSEMENT

504.1 The Director shall charge fees for business license categories with a Housing: Residential endorsement as follows:

(a) Apartment house:

(1) With three to five units: $167;

(2) With six to 25 units: $208;

(3) With 26 or more units: $208, plus $130 for each additional 25 units or fraction thereof;

(b) One-family rental: $35; and

(c) Two-family rental: $63.

504.2 Each license in this section shall be charged a per unit Rental Accommodations Division fee, pursuant to D.C. Official Code § 42-3504.01.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12195 (December 24, 2010).

17 DCMR § 505 INSPECTED SALES AND SERVICES ENDORSEMENT

505.1 The Director shall charge fees for business license categories with an Inspected Sales and Services endorsement as follows:

(a) Ambulance: $91 per ambulance;

(b) Auctioneer: $578;

(c) Auction sales: $237;

(d) Auction sales (temporary): $91;

(e) Auctioneer (temporary): $100;

(f) Elevator (passenger): $141;

(g) Elevator (freight, powered): $141;

(h) Elevator (freight, hand-driven): $71;

(i) Elevator (sidewalk, powered): $71;

(j) Elevator (sidewalk, hand-driven): $47;

(k) Escalator: $117 per floor;

(l) Man lifts: $117;

(m) Sidewalk elevators: $166;

(n) Dumbwaiters (powered): $91;

(o) Dumbwaiters (hand-driven): $50;

(p) Horse-drawn carriage: $60;

(q) Pawnbroker: $1,430;

(r) Pet shop: $346;

(s) Secondhand dealer (Class A): $497;

(t) Secondhand dealer (Class C): $497;

(u) Security alarm dealer: $26;

(v) Security alarm agent: $26;

(w) Security agency (firm): $1,000; and

(x) Security agency (person): $500 per person.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12195 (December 24, 2010).

17 DCMR § 506 MANUFACTURING ENDORSEMENT

506.1 The Director shall charge fees for business license categories with a Manufacturing endorsement as follows:

(a) Mattress manufacturing: $619; and

(b) Mattress sales: $45.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12196 (December 24, 2010).

17 DCMR § 507 MOTOR VEHICLE SALES, SERVICE AND REPAIR ENDORSEMENT

507.1 The Director shall charge fees for business license categories with a Motor Vehicle Sales, Service, and Repair endorsement as follows:

(a) Auto repossessor: $45;

(b) Auto rental: $780;

(c) Auto wash: $78;

(d) Consumer goods (auto repair): $406;

(e) Driving school: $289;

(f) Motor vehicle dealer: $411;

(g) Motor vehicle salesperson: $45;

(h) Used car lot: $1,000;

(i) Used car buyer/seller: $45;

(j) Used car seller only: $45

(k) Tow truck business: $1,550;

(l) Tow truck: $326 per truck; and

(m) Tow truck storage lot: $300.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12197 (December 24, 2010).

17 DCMR § 508 PUBLIC HEALTH: FOOD ESTABLISHMENT RETAIL ENDORSEMENT

508.1 The Director shall charge fees for business license categories with a Public Health: Food Establishment Retail endorsement as follows:

(a) Candy manufacturer: $289;

(b) Commission merchant: $1,560;

(c) Ice cream manufacturer: $2,730;

(d) Marine food product (retail): $289;

(e) Bakery: $375;

(f) Caterer: $222;

(g) Delicatessen: $450;

(h) Food products: $400;

(i) Food vending machine: $21 per machine;

(j) Grocery store: $289;

(k) Restaurant:

(1) With one to 10 seats: $450;

(2) With 11 to 50 seats: $562;

(3) With 51 to 100 seats: $673;

(4) With more than 100 seats: $785;

(l) Street vendor (Class A): $338; and

(m) Mobile delicatessen: $346.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12197 (December 24, 2010).

17 DCMR § 509 PUBLIC HEALTH: FOOD WHOLESALE

509.1 The Director shall charge fees for business license categories with a Public Health: Food Wholesale endorsement as follows:

(a) Marine food product (wholesale): $1,116.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12198 (December 24, 2010).

17 DCMR § 510 PUBLIC HEALTH: PUBLIC ACCOMMODATIONS ENDORSEMENT

510.1 The Director shall charge fees for business license categories with a Public Health: Public Accommodations endorsement as follows:

(a) Barber shop: $78;

(b) Beauty shops: $78;

(c) Massage establishment: $780;

(d) Mattress storage: $45; and

(e) Swimming pool: $1,659.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12198 (December 24, 2010).

17 DCMR § 511 PUBLIC HEALTH: PHARMACY AND PHARMACEUTICALS ENDORSEMENT

511.1 The Director shall charge fees for business license categories with a Public Health: Pharmacy and Pharmaceuticals endorsement as follows:

(a) Patent medicine: $136.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12199 (December 24, 2010).

17 DCMR § 512 PUBLIC HEALTH: FUNERAL ESTABLISHMENT ENDORSEMENT

512.1 The Director shall charge fees for business license categories with a Public Health: Funeral Establishment endorsement as follows:

(a) Funeral establishment: $228.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12199 (December 24, 2010).

17 DCMR § 513 EMPLOYMENT SERVICES ENDORSEMENT

513.1 The Director shall charge fees for business license categories with an Employment Services endorsement as follows:

(a) Employment agency: $90;

(b) Employment paid personnel service: $90; and

(c) Employment counseling: $90.

History

• SOURCE: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12199 (December 24, 2010); as amended by the Fiscal Year 2022 Budget Support Act of 2021, effective November 13, 2021 (D.C. Law 24-45; 68 DCR 010163 (October 1, 2021)). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 513

17 DCMR § 514 GENERAL SALES ENDORSEMENT

514.1 The Director shall charge fees for business license categories with a General Sales endorsement as follows:

(a) Barber chair: $78;

(b) Beauty booth: $78;

(c) Cigarette (retail): $39;

(d) Cigarette (wholesale): $130;

(e) General contractor: $500;

(f) Mattress sales: $45;

(g) Secondhand dealer (Class B): $497;

(h) Parking facility attendant: $45;

(i) Solicitor: $411;

(j) Street vendor (Class B): $276; and

(k) Street vendor (Class D): $212.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12191, 12199 (December 24, 2010).

17 DCMR § 515 GENERAL SERVICE AND REPAIR ENDORSEMENT

515.1 The Director shall charge fees for business license categories with a General Service and Repair endorsement as follows:

(a) Consumer goods repair (electronic): $406;

(b) Home improvement contractor: $167;

(c) Home improvement salesperson: $45;

(d) Motor vehicle reinspection station: $130;

(e) Motor vehicle reinspector: $65;

(f) Parking facility:

(1) Up to 4,000 square feet: $94;

(2) 4,001 to 16,000 square feet: $128;

(3) More than 16,000 square feet: $222;

(g) Power laundry: $245;

(h) Tour guide: $73;

(i) Valet parking company: $222; and

(j) Tire dealer: $497.

History

• SOURCE: Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010)[EXPIRED]; as amended by Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 12191, 12200 (December 24, 2010); as amended by Final Rulemaking published at 60 DCR 15224 (November 1, 2013).

17 DCMR § 516 GENERAL BUSINESS ENDORSEMENT

516.1 The Director shall charge fees for business license categories with a General Business endorsement as follows:

(a) Charitable solicitation: $280;

(b) Cooperative association: $37;

General business: $90; and

Street vendor (Class C): $433.

History

• SOURCE: Emergency and Proposed Rulemaking published at 57 DCR 4654 (May 28, 2010) [EXPIRED]; as amended by Emergency Rulemaking published at 57 DCR 8792 (September 24, 2010) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 12191, 12200 (December 24, 2010); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013); as amended by the Fiscal Year 2022 Budget Support Act of 2021, effective November 13, 2021 (D.C. Law 24-45; 68 DCR 010163 (October 1, 2021)). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 516

17 DCMR § 517 STUN GUN SALES ENDORSEMENT

517.1 The Director shall charge fees for business license categories with a Stun Gun Sales Endorsement as follows:

(a) Stun gun sales: $200.00

History

• SOURCE: Final Rulemaking published at 65 DCR 7391 (July 13, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 517

17 DCMR § 518 SHORT-TERM RENTAL FEES

518.1 The Director shall charge the following fees for a short-term rental basic business license and endorsements:

Basic business license: $99;

Short-term rental endorsement: $0; and

Short-term rental: vacation rental endorsement: $0.

History

• SOURCE: Final Rulemaking 68 DCR 012598 (December 3, 2021); as amended by Final Rulemaking published at 72 DCR 014050 (December 19, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 518

17 DCMR § 519 [REPEALED]

History

• SOURCE: Final Rulemaking 68 DCR 012598 (December 3, 2021); as amended by Final Rulemaking published at 72 DCR 014050 (December 19, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 519

17-6 DCRA CORPORATIONS DIVISION SCHEDULE OF FEES

17 DCMR § 600 GENERAL PROVISIONS

600.1 This chapter establishes the fees and charges for filings, certifications, and reports submitted to or requested of the Corporations Division of the Department of Consumer and Regulatory Affairs. In addition to the amounts set out in this section, the Director shall charge an additional fee of ten percent (10%) on the total cost of any filing or document that is submitted to, or requested from, the Corporations Division to cover the costs of enhanced technological capabilities.

600.2 For each of the filings required by the Corporations Division, the Director shall offer the following optional services:

(a) Expedited same-day service: one hundred dollars ($100), in addition to all other fees required by statute or regulation; and

(b) Expedited three (3)-day service: fifty dollars ($50), in addition to all other fees required by statute or regulation.

History

• SOURCE: Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223; 57 DCR 6242, 6273 (July 23, 2010)); as amended by Final Rulemaking published at 59 DCR 8165, 8166 (July 6, 2012); as amended by Final Rulemaking published at 64 DCR 538 (January 20, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 600

17 DCMR § 601 FILING FEES FOR ALL ENTITIES

601.1 The following fees shall be charged on all domestic and foreign filing entities:

Withdrawal of filed record before effectiveness: the fee shall be equal to the filed record fee;

Correcting filed record: the fee shall be equal to the filed record fee;

Listing of commercial registered agent: one hundred fifty dollars ($150);

Termination of listing of commercial registered agent: one hundred fifty dollars ($150);

Change of name, address, type of entity, or jurisdiction of formation by commercial registered agent:

(1) To change information for all entities represented by a commercial registered agent: ten dollars ($10) per entity; and

(2) To change information for single entities: the fee shall correspond to the statement of change fee reflected under the rest of the chapter;

Resignation of registered agent: no fee;

Appointment or cancelation of registered agent by non-qualified foreign entity or non-filing domestic entity: one hundred fifty dollars ($150);

Service of process, notice, or demand on entity: fifty dollars ($50);

Statement of conversion: the fee shall be equal to the fee for registering a domestic filing entity;

Amendment or abandonment of statement of conversion: the fee shall be equal to the fee for filing a statement of conversion;

Statement of domestication: The fee shall be equal to the fee for registering a domestic filing entity;

Amendment or abandonment of statement of domestication: the fee shall be equal to the fee for filing a statement of domestication;

Long-form status certificate: The fee shall be double the status certificate fee for each respective entity type; and

If a corporate filing fee is not specifically enumerated, then the fee shall be equal to the comparable service fee under this chapter.

History

• SOURCE: Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223), published at 57 DCR 6242, 6274 (July 23, 2010); as amended by Final Rulemaking published at 59 DCR 8165, 8166 (July 6, 2012).

17 DCMR § 602 BUSINESS ORGANIZATIONS FILING FEES

602.1 The following fees shall be charged for filings by business organizations:

The fee for filing articles of incorporation shall be as follows:

For a corporation with authorized capital up to one hundred thousand dollars ($100,000): ninety-nine dollars ($99);

For a corporation with authorized capital between one hundred thousand one dollars ($100,001) and five hundred thousand dollars ($500,000): five hundred fifty dollars ($550);

For a corporation with authorized capital between five hundred thousand one dollars ($500,001) and one million dollars ($1,000,000): one thousand one hundred dollars ($1,100); and

For a corporation with authorized capital of at least one million one dollars ($1,000,001): one thousand six hundred fifty dollars ($1,650);

The fee for filing statement of domestication shall be as follows:

For a corporation with authorized capital up to one hundred thousand dollars ($100,000): two hundred twenty dollars ($220);

For a corporation with authorized capital between one hundred thousand one dollars ($100,001) and five hundred thousand dollars ($500,000): five hundred fifty dollars ($550);

For a corporation with authorized capital between five hundred thousand one dollars ($500,001) and one million dollars ($1,000,000): one thousand one hundred dollars ($1,100); and

For a corporation with authorized capital of at least one million one dollars ($1,000,001): one thousand six hundred fifty dollars ($1,650);

Surrender of charter upon domestication: two hundred twenty dollars ($220).

Abandonment of domestication: the fee shall be equal to the fee for filing a statement of domestication.

The fee for filing articles of amendment shall be as follows:

(1) For amendments that do not increase or decrease shares: two hundred twenty dollars ($220);

(2) For amendments that include an increase in shares, the following fees shall apply:

(A) For a corporation with authorized capital up to one hundred thousand dollars ($100,000): two hundred twenty dollars ($220);

(B) For a corporation with authorized capital between one hundred thousand one dollars ($100,001) and five hundred thousand dollars ($500,000): five hundred fifty dollars ($550);

(C) For a corporation with authorized capital between five hundred thousand one dollars ($500,001) and one million dollars ($1,000,000): one thousand one hundred dollars ($1,100); and

(D) For a corporation with authorized capital of at least $1,000,001): one thousand six hundred fifty dollars ($1,650);

For restated articles of incorporation that do not increase or decrease shares: two hundred twenty dollars ($220);

For restated articles that include an increase in shares, the following fees shall apply:

(A) For a corporation with authorized capital up to one hundred thousand dollars ($100,000): two hundred twenty dollars ($220);

(B) For a corporation with authorized capital between one hundred thousand one dollars ($100,001) and five hundred thousand dollars ($500,000): five hundred fifty dollars ($550);

For a corporation with authorized capital between five hundred thousand one dollars ($500,001) and one million dollars ($1,000,000): one thousand one hundred dollars ($1,100); and

For a corporation with authorized capital of at least one million one dollars ($1,000,001): one thousand six hundred fifty dollars ($1,650);

For amendments pursuant to reorganization that do not increase or decrease shares: two hundred twenty dollars ($220);

For amendments pursuant to reorganization that include an increase in shares, the following fees shall apply:

For a corporation with authorized capital up to one hundred thousand dollars ($100,000): two hundred twenty dollars ($220);

For a corporation with authorized capital between one hundred thousand one dollars ($100,001) and five hundred thousand dollars ($500,000): five hundred fifty dollars ($550);

For a corporation with authorized capital between five hundred thousand one dollars ($500,001) and one million dollars ($1,000,000): one thousand one hundred dollars ($1,100); and

For a corporation with authorized capital of at least one million one dollars ($1,000,001): one thousand six hundred fifty dollars ($1,650);

For filing restated articles of incorporation, articles of merger, or share exchange: two hundred twenty dollars ($220);

Abandonment of a merger or share exchange: two hundred twenty dollars ($220);

Dissolution by incorporators or initial directors: two hundred twenty dollars ($220);

Articles of dissolution: two hundred twenty dollars ($220);

Revocation of dissolution: two hundred twenty dollars ($220);

Decree of dissolution: no fee.

Certificate of good standing or status certificates: fifty dollars ($50);

Certified copy of filing: fifty dollars ($50);

Biennial report: three hundred dollars ($300);

Late fee: an additional one hundred dollars ($100);

Reservation of name or its transfer: fifty dollars ($50);

Registration of name or renewal: two hundred dollars ($200);

Change of registered agent by entity: fifty dollars ($50);

Change of name or address by noncommercial registered agent: fifty dollars ($50);

Foreign registration statement: two hundred twenty dollars ($220);

Amendment of foreign registration statement: two hundred twenty dollars ($220);

Withdrawal of registration of registered foreign entity: two hundred twenty dollars ($220);

Withdrawal on dissolution or conversion to non-filing entity other than limited liability partnership: two hundred twenty dollars ($220);

Transfer of registration: two hundred twenty dollars ($220);

Termination of registration reinstatement: three hundred dollars ($300);

Reinstatement after administrative dissolution: three hundred dollars ($300);

Statement of merger: two hundred twenty dollars ($220);

Amendment or abandonment of statement of merger: two hundred twenty dollars ($220);

Statement of interest exchange: two hundred twenty dollars ($220); and

Amendment or abandonment of statement of interest exchange: two hundred twenty dollars ($220).

History

• SOURCE: Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223), published at 57 DCR 6242, 6275 (July 23, 2010); as amended by Final Rulemaking published at 59 DCR 8165, 8167 (July 6, 2012); as amended by the Fiscal Year 2022 Budget Support Act of 2021, effective November 13, 2021 (D.C. Law 24-45; 68 DCR 010163 (October 1, 2021)). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 602

17 DCMR § 603 NONPROFIT CORPORATIONS FILING FEES

603.1 The following fees shall be charged for filings by nonprofit corporations:

Articles of incorporation: eighty dollars ($80);

Statement of domestication: eighty dollars ($80);

Abandonment of domestication: eighty dollars ($80);

Articles of amendment: eighty dollars ($80);

Restated articles of incorporation: eighty dollars ($80);

Amendment pursuant to reorganization: eighty dollars ($80);

Articles of merger or membership exchange: eighty dollars ($80);

Abandonment of a merger or membership exchange: eighty dollars ($80);

Dissolution by incorporators or directors: eighty dollars ($80);

Articles of dissolution: eighty dollars ($80);

Revocation of dissolution: eighty dollars ($80);

Decree of dissolution: no fee;

Certificate of good standing or status certificates: forty dollars ($40);

Certified copy of filing: forty dollars ($40);

Biennial report: eighty dollars ($80);

(1) Late fee: an additional fifty dollars ($50);

Reservation of name or its transfer: forty dollars ($40);

Registration of name or its renewal: one hundred fifty dollars ($150);

Change of registered agent by entity: forty dollars ($40);

Change of name or address by noncommercial registered agent: forty dollars ($40);

Foreign registration statement: eighty dollars ($80);

Amendment of foreign registration statement: eighty dollars ($80);

Withdrawal of registration of registered foreign entity: eighty dollars ($80);

Withdrawal on dissolution or conversion to non-filing entity other than limited liability partnership: eighty dollars ($80);

Transfer of registration reinstatement: eighty dollars ($80);

Termination of registration: eighty dollars ($80);

Reinstatement after administrative dissolution: eighty dollars ($80);

Statement of merger: eighty dollars ($80);

Amendment or abandonment of statement of merger: eighty dollars ($80);

Statement of interest exchange: eighty dollars ($80);

Amendment or abandonment of statement of interest exchange: eighty dollars ($80); and

Filings required for acceptance of this chapter by a nonprofit corporation formed before the effective date of the District of Columbia Nonprofit Corporation Act, approved August 6, 1962 (Pub. L. No. 87-569; 76 Stat. 265): eighty dollars ($80).

History

• Source: Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223), published at 57 DCR 6242, 6276 (July 23, 2010); as amended by Final Rulemaking published at 59 DCR 8165, 8171 (July 6, 2012).

17 DCMR § 604 PROFESSIONAL CORPORATIONS FILING FEES

604.1 Fees shall be charged for professional corporations in the same amounts as for the equivalent services identified in §603.

604.2 In addition to the fees referenced in § 604.1, the following fees shall apply:

(a) Articles of conversion pursuant to D.C. Official Code § 29-516 (2011 Repl.): two hundred twenty dollars ($220).

History

• Source: Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223), published at 57 DCR 6242, 6277 (July 23, 2010); as amended by Final Rulemaking published at 59 DCR 8165, 8173 (July 6, 2012).

17 DCMR § 605 GENERAL PARTNERSHIPS FILING FEES

605.1 The following fees shall be charged for filings by general partnerships:

Statement of partnership authority: two hundred twenty dollars ($220);

Statement of denial: two hundred twenty dollars ($220);

Statement of dissociation: two hundred twenty dollars ($220);

Statement of dissolution: two hundred twenty dollars ($220);

Statement of merger: two hundred twenty dollars ($220);

Statement of interest exchanges: two hundred twenty dollars ($220);

Certificate of good standing or status certificates: fifty dollars ($50);

Certified copy of filing: fifty dollars ($50);

Biennial report: three hundred dollars ($300);

Late fee: an additional one hundred dollars ($100);

Reservation of name or its transfer: fifty dollars ($50);

Registration of name or its renewal: two hundred dollars ($200);

Change of registered agent by entity: fifty dollars ($50);

Change of name or address by noncommercial registered agent: fifty dollars ($50);

Foreign registration statement: two hundred twenty dollars ($220);

Amendment of foreign registration statement: two hundred twenty dollars ($220);

Withdrawal of registration of registered foreign entity: two hundred twenty dollars ($220);

Withdrawal on dissolution or conversion to non-filing entity other than limited liability partnership: two hundred twenty dollars ($220);

Transfer of registration: two hundred twenty dollars ($220);

Termination of registration reinstatement: three hundred dollars ($300);

Reinstatement after administrative dissolution: three hundred dollars ($300);

Statement of merger: two hundred twenty dollars ($220);

Amendment or abandonment of statement of merger: two hundred twenty dollars ($220);

Statement of interest exchange: two hundred twenty dollars ($220);

Amendment or abandonment of statement of interest exchange: two hundred twenty dollars ($220);

Statement of cancellation: two hundred twenty dollars ($220); and

Statement of amendment: two hundred twenty dollars ($220).

History

• Source: Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223), published at 57 DCR 6242, 6277 (July 23, 2010); as amended by Final Rulemaking published at 59 DCR 8165, 8173 (July 6, 2012).

17 DCMR § 606 LIMITED LIABILITY PARTNERSHIPS FILING FEES

606.1 The following fees shall be charged for filings by limited liability partnerships:

Statement of qualification: ninety-nine dollars ($99);

Certificate of good standing or status certificates: fifty dollars ($50);

Certified copy of filing: fifty dollars ($50);

Biennial report: three hundred dollars ($300);

Late fee: an additional one hundred dollars ($100);

Reservation or transfer of name: fifty dollars ($50);

Registration or renewal of name: two hundred dollars ($200);

Change of registered agent by entity: fifty dollars ($50);

Change of name or address by noncommercial registered agent: fifty dollars ($50);

Foreign registration statement: two hundred twenty dollars ($220);

Amendment of foreign registration statement: two hundred twenty dollars ($220);

Withdrawal of registration of registered foreign entity: two hundred twenty dollars ($220);

Withdrawal on dissolution or conversion to non-filing entity other than limited liability partnership: two hundred twenty dollars ($220);

Transfer of registration: two hundred twenty dollars ($220);

Termination of registration reinstatement: three hundred dollars ($300);

Reinstatement after administrative dissolution: three hundred dollars ($300);

Statement of merger: two hundred twenty dollars ($220);

Amendment or abandonment of statement of merger: two hundred twenty dollars ($220);

Statement of interest exchange: two hundred twenty dollars ($220);

Amendment or abandonment of statement of interest exchange: two hundred twenty dollars ($220);

Statement of cancellation: two hundred twenty dollars ($220); and

Statement of amendment: two hundred twenty dollars ($220).

History

• SOURCE: Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223), published at 57 DCR 6242, 6278 (July 23, 2010); as amended by Final Rulemaking published at 59 DCR 8165, 8174 (July 6, 2012); as amended by the Fiscal Year 2022 Budget Support Act of 2021, effective November 13, 2021 (D.C. Law 24-45; 68 DCR 010163 (October 1, 2021)). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 606

17 DCMR § 607 LIMITED PARTNERSHIPS FILING FEES

607.1 The following fees shall be charged for filings by limited partnerships:

Certificate of limited partnership: ninety-nine dollars ($99);

Amendment or restatement of certificate: two hundred twenty dollars ($220);

Statement of termination: two hundred twenty dollars ($220);

Documents or other filings related to signing and filing pursuant to a judicial order: two hundred twenty dollars ($220);

Filing under D.C. Official Code § 29-703.06 (2011 Repl.): two hundred twenty dollars ($220);

Statement of dissociation: two hundred twenty dollars ($220);

Articles or other documents required for merger: two hundred twenty dollars ($220);

Certificate of good standing or status certificates: fifty dollars ($50);

Certified copy of filing: fifty dollars ($50);

Biennial report: three hundred dollars ($300);

Late fee: an additional one hundred dollars ($100);

Reservation or transfer of name: fifty dollars ($50);

Registration or renewal of name: two hundred dollars ($200);

Change of registered agent by entity: fifty dollars ($50);

Change of name or address by noncommercial registered agent: fifty dollars ($50);

Foreign registration statement: two hundred dollars ($220);

Amendment of foreign registration statement: two hundred dollars ($220);

Withdrawal of registration of registered foreign entity: two hundred twenty dollars ($220);

Withdrawal on dissolution or conversion to non-filing entity other than limited liability partnership: two hundred twenty dollars ($220);

Transfer of registration: two hundred twenty dollars ($220);

Termination of registration reinstatement: three hundred dollars ($300);

Reinstatement after administrative dissolution: three hundred dollars ($300);

Statement of merger: two hundred twenty dollars ($220);

Amendment or abandonment of statement of merger: two hundred twenty dollars ($220);

Statement of interest exchange: two hundred twenty dollars ($220); and

Amendment or abandonment of statement of interest exchange: two hundred twenty dollars ($220).

History

• SOURCE: Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223), published at 57 DCR 6242, 6278 (July 23, 2010); as amended by Final Rulemaking published at 59 DCR 8165, 8175 (July 6, 2012); as amended by the Fiscal Year 2022 Budget Support Act of 2021, effective November 13, 2021 (D.C. Law 24-45; 68 DCR 010163 (October 1, 2021)). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 607

17 DCMR § 608 LIMITED LIABILITY COMPANIES FILING FEES

608.1 The following fees shall be charged for filings by limited liability companies:

Certificate of organization: ninety-nine dollars ($99);

Amendment or restatement of certificate of organization: two hundred twenty dollars ($220);

Documents or other filings related to signing and filing pursuant to judicial order: two hundred twenty dollars ($220);

Certificate of series of members, managers, or interests of limited liability company: two hundred twenty dollars ($220);

Statement of authority: two hundred twenty dollars ($220);

Statement of denial: two hundred twenty dollars ($220);

Statement of dissolution: two hundred twenty dollars ($220);

Filings required for merger: two hundred twenty dollars ($220);

Filings required for domestication: two hundred twenty dollars ($220);

Certificate of good standing or status certificates: fifty dollars ($50);

Certified copy of filing: fifty dollars ($50);

Biennial report: three hundred dollars ($300);

Late fee: an additional one hundred dollars ($100);

Reservation or transfer of name: fifty dollars ($50);

Registration or renewal of name: two hundred dollars ($200);

Change of registered agent by entity: fifty dollars ($50);

Change of name or address by noncommercial registered agent: fifty dollars ($50);

Foreign registration statement: two hundred twenty dollars ($220);

Amendment of foreign registration statement: two hundred twenty dollars ($220);

Withdrawal of registration of registered foreign entity: two hundred twenty dollars ($220);

Withdrawal on dissolution or conversion to non-filing entity other than limited liability partnership: two hundred twenty dollars ($220);

Transfer of registration reinstatement: three hundred dollars ($300);

Termination of registration reinstatement: three hundred dollars ($300);

Reinstatement after administrative dissolution: three hundred dollars ($300);

Statement of merger: two hundred twenty dollars ($220);

Amendment or abandonment of statement of merger: two hundred twenty dollars ($220);

Statement of interest exchange: two hundred twenty dollars ($220); and

Amendment or abandonment of statement of interest exchange: two hundred twenty dollars ($220).

History

• SOURCE: Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223), published at 57 DCR 6242, 6278 (July 23, 2010); as amended by Final Rulemaking published at 59 DCR 8165, 8177 (July 6, 2012); as amended by the Fiscal Year 2022 Budget Support Act of 2021, effective November 13, 2021 (D.C. Law 24-45; 68 DCR 010163 (October 1, 2021)). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 608

17 DCMR § 609 GENERAL COOPERATIVE ASSOCIATIONS FILING FEES

609.1 The following fees shall be charged for filings by general cooperative associations:

Articles of incorporation: eighty dollars ($80);

Amendments to articles of incorporation: eighty dollars ($80);

Statement of dissolution: eighty dollars ($80);

Filing of amended articles for acceptance of act: eighty dollars ($80)

Certificate of good standing or status certificates: forty dollars ($40);

Certified copy of filing: forty dollars ($40);

Biennial report: eighty dollars ($80);

Late fee: an additional fifty dollars ($50);

Reservation or transfer of name: forty dollars ($40);

Registration or renewal of name: one hundred fifty dollars ($150);

Change of registered agent by entity: forty dollars ($40);

Change of name or address by noncommercial registered agent: forty dollars ($40);

Foreign registration statement: eighty dollars ($80);

Amendment of foreign registration statement: eighty dollars ($80);

Withdrawal of registration of registered foreign entity: eighty dollars ($80);

Withdrawal on dissolution or conversion to non-filing entity other than limited liability partnership: eighty dollars ($80);

Transfer of registration: eighty dollars ($80);

Termination of registration reinstatement: eighty dollars ($80);

Reinstatement after administrative dissolution: eighty dollars ($80);

Statement of merger: eighty dollars ($80)

Amendment or abandonment of statement of merger: eighty dollars ($80);

Statement of interest exchange: eighty dollars ($80); and

Amendment or abandonment of statement of interest exchange: eighty dollars ($80).

History

• SOURCE: Final Rulemaking published at 59 DCR 8165, 8178 (July 6, 2012).

17 DCMR § 610 LIMITED COOPERATIVE ASSOCIATIONS FILING FEES

610.1 The following fees shall be charged for filings by limited cooperative associations:

Articles of organization: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80);

Amendments to articles of organization: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80);

Statement of dissolution: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80);

Statement of termination: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80);

Filing required for merger: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80);

Certificate of good standing or status certificates: fifty dollars ($50);

If by a nonprofit: forty dollars ($40);

Certified copy of filed record: fifty dollars ($50);

If by a nonprofit: forty dollars ($40);

Biennial report: three hundred dollars ($300);

Late fee: an additional one hundred dollars ($100);

If by a nonprofit: eighty dollars ($80);

Late fee: an additional fifty dollars ($50);

Reservation or transfer of name: fifty dollars ($50);

If by a nonprofit: forty dollars ($40);

Registration or renewal of name: two hundred dollars ($200);

If by a nonprofit: one hundred fifty dollars ($150);

Change of registered agent by entity: fifty dollars ($50);

If by a nonprofit: forty dollars ($40);

Change of name or address by noncommercial registered agent: fifty dollars ($50);

If by a nonprofit: forty dollars ($40);

Foreign registration statement: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80);

Amendment of foreign registration statement: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80);

Withdrawal of registration of registered foreign entity: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80);

Withdrawal on dissolution or conversion to non-filing entity other than limited liability partnership: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80);

Transfer of registration: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80);

Termination of registration reinstatement: three hundred dollars ($300);

If by a nonprofit: eighty dollars ($80);

Reinstatement after administrative dissolution: three hundred dollars ($300);

If by a nonprofit: eighty dollars ($80);

Statement of merger: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80);

Amendment or abandonment of statement of merger: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80);

Statement of interest exchange: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80); and

Amendment or abandonment of statement of interest exchange: two hundred twenty dollars ($220);

If by a nonprofit: eighty dollars ($80).

History

• SOURCE: Final Rulemaking published at 59 DCR 8165, 8180 (July 6, 2012).

17 DCMR § 611 STATUTORY TRUST FILING FEES

611.1 The following fees shall be charged for filings by statutory trusts:

Certificate of trust: ninety-nine dollars ($99);

Amendment or restatement of certificate of trust (also known as a statement of correction): two hundred twenty dollars ($220);

Filing required for merger: two hundred twenty dollars ($220);

Articles of dissolution: two hundred twenty dollars ($220);

Certificate of good standing or status certificates: fifty dollars ($50);

Certified copy of filing: fifty dollars ($50);

Biennial report: three hundred dollars ($300);

Late fee: an additional one hundred dollars ($100);

Reservation or transfer of name: fifty dollars ($50);

Registration or renewal of name: two hundred dollars ($200);

Change of registered agent by entity: fifty dollars ($50);

Change of name or address by noncommercial registered agent: fifty dollars ($50);

Foreign registration statement: two hundred twenty dollars ($220);

Amendment of foreign registration statement: two hundred twenty dollars ($220);

Withdrawal of registration of registered foreign entity: two hundred twenty dollars ($220);

Withdrawal on dissolution or conversion to non-filing entity other than limited liability partnership: two hundred twenty dollars ($220);

Transfer of registration: two hundred twenty dollars ($220);

Termination of registration reinstatement: three hundred dollars ($300);

Reinstatement after administrative dissolution: three hundred dollars ($300);

Statement of merger: two hundred twenty dollars ($220);

Amendment or abandonment of statement of merger: two hundred twenty dollars ($220);

Statement of interest exchange: two hundred twenty dollars ($220); and

Amendment or abandonment of statement of interest exchange: two hundred dollars ($220).

History

• SOURCE: Final Rulemaking published at 59 DCR 8165, 8182 (July 6, 2012); as amended by the Fiscal Year 2022 Budget Support Act of 2021, effective November 13, 2021 (D.C. Law 24-45; 68 DCR 010163 (October 1, 2021)). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 611

17 DCMR § 612 TRADE NAME FILING FEES

612.1 The following fees shall be charged for trade name filings:

(a) Trade name registration application: fifty-five dollars ($55);

(b) Trade name renewal: fifty-five dollars ($55);

(c) Trade name amendment application: fifty-five dollars ($55); and

(d) Trade name cancellation: fifty-five dollars ($55).

History

• SOURCE: Final Rulemaking published at 59 DCR 8165, 8183 (July 6, 2012).

17 DCMR § 699 DEFINITIONS

When used in this chapter, the following term shall have the meaning ascribed:

Old Act Corporation-a corporation that:

Was incorporated in the District of Columbia prior to August 6, 1962, under any of the following provisions:

Sections 574 of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1280; D.C. Official Code § 29-601 et seq.);

Sections 587 through 598 of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1282; D.C. Official Code § 29-701 et seq.); or

Sections 599 through 604 of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1283; D.C. Official Code § 29-801 et seq.)

Has not elected to be subject to the District of Columbia Nonprofit Corporation Act, approved August 6, 1962 (76 Stat. 265; D.C. Official Code § 29-301.01, et seq.).

History

• Source: Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223), published at 57 DCR 6242, 6278 (July 23, 2010).

17-7 BUSINESS ORGANIZATIONS

17 DCMR § 700 GENERAL PROVISIONS

700.1 The provisions of this chapter are issued pursuant to the authority under Section 2 of the District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2009, effective July 2, 2011 (D.C. Law 18-378; D.C. Official Code § 29-101.05 (2011 Repl.)) (the “Act”) and Mayor’s Order 2011-178, dated October 25, 2011.

700.2 For the purposes of this chapter, the following phrase from Title 29 (Business Organizations) of the District of Columbia Official Code (2011 Repl.) shall be interpreted by the Superintendent as follows:

Doing business – any trade, profession, or activity that provides, or holds itself out to provide, goods or services to the general public or to any portion of the general public, for hire or compensation in the District of Columbia, except as otherwise provided in D.C. Official Code § 29-105.05 (2011 Repl.).

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 701 Certificate of Good Standing

701.1 The Superintendent shall issue a certificate of good standing to a registered domestic or registered foreign entity after all required corporate filing fees and any outstanding penalties are paid to the Superintendent and the other requirements of D.C. Official Code § 29-102.08 (2011 Repl.) are met.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 702 Entities Required to File A Biennial Report to the Superintendent

702.1 Each of the following entities shall file a biennial report with the Superintendent:

Business corporation;

Professional corporation;

Nonprofit corporation;

Limited partnership;

Limited liability limited partnership;

Limited liability company;

General cooperative association;

Limited cooperative association;

Statutory trust;

Business trust;

Common-law business trust; and

Limited liability partnership.

702.2 Each biennial report shall include:

The date of formation or registration;

The signature of at least one (1) governor of the entity or other individual authorized to sign on behalf of the governor; and

An affirmation that the facts stated in the filing are true.

702.3 In addition to the requirements of Chapter 1 (General Provisions) of the Act, a registered foreign entity filing a biennial report pursuant to § 702.1 shall include the following:

A statement that the foreign entity is in good standing in its state of domicile, if applicable;

A description of the foreign entity’s efforts to be in good standing if the foreign entity is not in good standing in its state of domicile; and

A statement that the foreign entity cured the grounds for dissolution if the foreign entity is involuntarily dissolved in its state of domicile.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 703 Deadline For Filing Biennial Report

703.1 For any domestic or foreign entity that registered with the Superintendent between January 1 and December 31 of the current calendar year, the biennial report shall be filed with the Superintendent by April 1 of the next calendar year.

703.2 A domestic or foreign entity that files a biennial report under § 703.1 shall file subsequent biennial reports every two (2) years following the first April 1 filing.

703.3 For any registered domestic or registered foreign entity that previously was not required to file a biennial report with the Superintendent, the biennial report shall be filed with the Superintendent by April 1, 2013.

703.4 A domestic or foreign entity that files a biennial report under § 703.3 shall file subsequent biennial reports every two (2) years following the first April 1 filing.

703.5 For any registered domestic or registered foreign entity general cooperative or cooperative association that has filed an annual report with the Superintendent, the biennial report shall be filed with the Superintendent by April 1, 2013.

703.6 A domestic or foreign entity that files a biennial report under § 703.5 shall file subsequent biennial reports every two (2) years following the first April 1 filing.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 704 Requirements for NONPROFIT corporations formed BEFORE January 1, 1963 THAT were NOT SUBJECT TO THE DISTRICT OF COLUMBIA NONPROFIT CORPORATION ACT OF 1962.

704.1 This section shall apply to any nonprofit corporation formed in the District of Columbia before January 1, 1963 that did not elect to become subject to the District of Columbia Nonprofit Corporation Act of 1962, approved August 6, 1962 (76 Stat. 265; D.C. Official Code § 29-301.01 et seq. (2011 Repl.) (recodified as D.C. Official Code § 29A-301.01 et seq. (2011 Repl.)).

704.2 Until January 1, 2014, but not afterwards, a nonprofit corporation described in § 704.1 shall be governed by the statute under which it was formed as if that statute had not been repealed unless, before that date, the corporation elects to avail itself of the Act as provided in § 704.3.

704.3 Before January 1, 2014, a nonprofit corporation described in § 704.1 shall become subject to the Act if it:

(a) Adopts a resolution in accordance with the corporation’s articles and bylaws expressly electing to become subject to the Act; and

(b) Files the following with the Superintendent:

(1) The resolution described in § 704.3(a);

(2) A copy of the corporation’s articles of incorporation; and

(3) If the corporation has members and this is not stated in the articles of incorporation, an amendment to the articles of incorporation, adopted in accordance with D.C. Official Code § 29-408.01 et seq. (2011 Repl.), that states that the corporation has members.

704.4 A resolution under § 704.3(a) is sufficient if it is adopted in accordance with the articles of incorporation or bylaws of the nonprofit corporation and contains the following language, or substantially similar language:

“RESOLUTION

“Pursuant to D.C. Official Code § 29-107.01(b)(2) (2011 Repl.), the [insert name of nonprofit corporation] hereby elects to become subject to the District of Columbia Business Organizations Code (D.C. Official Code § 29-101.01 et seq. (2011 Repl.)).”

704.5 A nonprofit corporation described in § 704.3 shall file a biennial report by April 1, 2014 and shall otherwise comply with, and be subject to, the Act and this chapter.

704.6 A nonprofit corporation that complies with § 704.3 shall be deemed to have been incorporated under the Act for purposes of D.C. Official Code § 29-402.02(a)(3) (2011 Repl.).

704.7 Subject to §§ 704.8, 704.9, and 704.10, a nonprofit corporation described in § 704.1 may elect not to be subject to the Act if it does all of the following before January 1, 2014:

(a) Adopts a resolution in accordance with the corporation’s articles and bylaws expressly electing not to become subject to the Act;

(b) Files the following with the Superintendent:

(1) A copy of the resolution described in § 704.7(a);

(2) A copy of the corporation’s articles of incorporation; and

(3) A list of the names and addresses of all current directors and officers of the corporation; and

(c) Files a designation of a registered agent pursuant to D.C. Official Code § 29-104.04 (2011 Repl.).

704.8 A nonprofit corporation described in §704.7 shall:

(a) File a biennial report before April 1, 2014;

(b) File subsequent biennial reports every two (2) years following the first April 1 filing; and

(c) Maintain a registered agent at all times.

704.9 If a nonprofit corporation described in § 704.7 fails to comply strictly and completely with all of the requirements of § 704.7 or § 704.8, at any time, the corporation shall irrevocably become subject to the Act.

704.10 A nonprofit corporation described in § 704.1 that has elected not to be subject to the Act in accordance with § 704.7 may become subject to the Act by following the procedures in § 704.3.

704.11 If a nonprofit corporation described in § 704.7 is administratively dissolved for failing to file a biennial report or failing to maintain a registered agent, the corporation must elect to be subject to the Act in order to apply for reinstatement.

704.12 On January 1, 2014, a nonprofit corporation described in § 704.1 that did not elect to become subject to the Act pursuant to § 704.3 or not to be subject to the Act pursuant to § 704.7 shall irrevocably become subject to the Act.

704.13 A nonprofit corporation described in § 704.12 shall:

(a) On or before April 1, 2014, file:

(1) A biennial report:

(2) A copy of the corporation’s articles of incorporation;

(3) A list of the names and addresses of the current directors and officers of the corporation; and

(4) If the corporation has members and this is not stated in the articles of incorporation, an amendment to the articles of incorporation, adopted in accordance with D.C. Official Code § 29-408.01 et seq. (2011 Repl.), that states that the corporation has members.

(b) File subsequent biennial reports every two (2) years following the first April 1 filing; and

(c) Maintain a registered agent pursuant to D.C. Official Code § 29-104.04 (2011 Repl.).

704.14 A nonprofit corporation described in § 704.12 that complies with § 704.13 shall be deemed to have been incorporated under the Act for purposes of D.C. Official Code § 29-402.02(a)(3) (2011 Repl.).

704.15 If a nonprofit corporation described in § 704.12 does not comply with § 704.12(a), it may be administratively dissolved.

704.16 A nonprofit corporation described in § 704.12 that is administratively dissolved may apply for reinstatement subject to the requirements D.C. Official Code § 29-106.03 (2011 Repl.), provided that the corporation files the documents specified in § 704.13(a).

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 705 Requirements for nonprofit corporations FORMED BY SPECIAL ACT OF CONGRESS

705.1 This section applies to nonprofit corporations formed in the District of Columbia by a special act of Congress, except to the extent that a requirement of this section is in irreconcilable conflict with a provision of the special act of Congress.

705.2 A nonprofit corporation described in § 705.1 that elects to become subject to Chapter 4 (Nonprofit Corporations) of the Act (D.C. Official Code § 29-401 et seq. (2011 Repl.) before January 1, 2014, shall file with the Superintendent:

A copy of the corporation’s congressional charter and any amendments thereto;

A copy of a resolution adopted by the corporation electing to be subject to the Act; and

A copy of the corporation’s articles of incorporation, if any.

705.3 A nonprofit corporation that makes an election under § 705.2 shall:

(a) File a biennial report with the Superintendent by April 1, 2014; and

(b) File subsequent biennial reports every two (2) years following the first April 1 filing.

705.4 A nonprofit corporation described in § 705.1 that does not make an election to become subject to Chapter 4 (Nonprofit Corporations) of the Act (D.C. Official Code § 29-401 et seq. (2011 Repl.) shall file with the Superintendent, no later than January 1, 2014, a statement containing the following:

The corporation’s name;

The corporation’s date of formation;

The name and address of at least one (1) governor of the corporation;

The name and address of the registered agent of the corporation; and

A copy of the corporation’s congressional charter and any amendments thereto.

705.5 A nonprofit corporation described in § 705.4 shall:

File a biennial report by April 1, 2014;

File subsequent biennial reports every two (2) years following the first April 1 filing; and

Maintain a registered agent pursuant to D.C. Official Code § 29-104.04 (2011 Repl.).

705.6 If a nonprofit corporation described in § 705.1 fails to file a timely biennial report or fails to maintain a registered agent, as required by § 705.5, the Superintendent may administratively dissolve the corporation.

705.7 A nonprofit corporation described in § 705.6 that is administratively dissolved may apply for reinstatement subject to the requirements of D.C. Official Code § 29-106.03 (2011 Repl.); provided, that the nonprofit corporation files the documents required by § 705.2 and the biennial report required by § 705.3(a).

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 706 Failure to File A Biennial Report

706.1 If a domestic entity required to file a biennial report under § 702 fails to file a timely biennial report, the failure to timely file shall be grounds for administrative dissolution of the domestic entity by the Superintendent.

706.2 If a foreign entity required to file a biennial report under § 702 fails to file a timely biennial report, the failure to timely file shall be grounds for the termination of the foreign entity’s registration by the Superintendent.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 707 FAILURE TO RENEW NAME REGISTRATION

707.1 If a foreign filing entity or foreign limited liability partnership fails to renew the registration of its name within one (1) year of the date of registration:

(a) The name registration shall expire; and

The name shall be available for use by another entity on the next business day after the expiration date.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 708 REFUND OF ENTITY FILING FEES

708.1 In addition to the requirements of Chapter 1 (General Provisions) of the Act (D.C. Official Code § 29-102.13(d) (2011 Repl.)):

(a) The request for a refund shall be made within sixty (60) calendar days from the date of payment; or

(b) The request for a refund shall be made within sixty (60) calendar days from the date of DCRA’s rejection notification.

708.2 The Superintendent shall retain all fees not requested within sixty (60) calendar days from the date of payment or date of the Superintendent’s rejection letter.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 709 PERMITTED NAMES

709.1 In addition to the requirements of Chapter 1 (General Provisions), Subchapter III of the Act (D.C. Official Code § 29-103.01 (2011 Repl.)):

(a) If the name of the domestic or foreign entity is in a foreign language, the entity is required to register the English translation of the entity’s name when registering with the Superintendent.

(b) If the English translation of the entity’s name is currently on file with the Superintendent, the domestic or foreign entity shall adopt and register a different English translation.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 710 NAME REQUIREMENTS FOR CERTAIN TYPES OF ENTITIES

710.1 In addition to the requirements of Chapter 1 (General Provisions), Subchapter III of the Act (D.C. Official Code § 29-103.02 (2011 Repl.)), the name requirements apply to domestic and foreign entities.

710.2 The following word, phrase, or abbreviation indicating the type of entity shall appear at the end of the name of the entity: “Assn”, “Assn.”, “Assoc”, “Assoc.”, “Coop”, “Co-op”, “cooperative association”, “corporation”, “corp.”, “incorporated”, “Inc.”, “professional corporation”, “PC”, “professional association”, “PA”, “Limited”, “Ltd.”, “limited partnership”, “limited liability partnership”, “LLP”, “registered limited liability partnership”, “RLLP”, “limited liability limited partnership”, “LLLP”, “registered limited liability limited partnership”, “RLLLP”, “limited liability company”, “LLC”, or similar words, phrases, or abbreviations indicating entity types as defined by D.C. Official Code § 29-103.02 (2011 Repl.).

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 711 ENTITIES REQUIRED TO DESIGNATE AND MAINTAIN A REGISTERED AGENT

711.1 The following types of entities shall designate and maintain a registered agent in the District:

A domestic filing entity;

A domestic limited liability partnership; and

A registered foreign entity.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 712 COMMERCIAL REGISTERED AGENT FOR A FEE OR ON BEHALF OF MULTIPLE FILING ENTITIES

712.1 An individual or entity intending to serve as the commercial registered agent for a fee and for fifty (50) or more filing entities shall:

File with the Superintendent a commercial registered agent listing statement; and

Include the signature of the entity, individual, or other person authorized to sign on behalf of the commercial registered agent on the commercial registered agent listing statement.

712.2 An individual or entity serving as a commercial registered agent pursuant to § 711.1 shall file a commercial registered agent filing with the Superintendent within thirty (30) business days of serving a minimum of fifty (50) filing entities.

712.3 An individual or entity currently serving as a commercial registered agent for a fee and for fifty (50) or more filing entities shall:

File with the Superintendent a commercial registered agent listing statement; and

Include the signature of the entity, individual, or other person authorized to sign on behalf of the commercial registered agent on the commercial registered agent listing statement.

712.4 An individual or entity currently serving as a commercial registered agent pursuant to § 711.2 shall file a commercial registered agent filing with the Superintendent within thirty (30) business days that these regulations are adopted.

712.5 Failure to comply with filing a commercial registered agent listing statement may lead to the removal by the Superintendent of the commercial registered agent from each entity.

712.6 An individual or entity serving as a commercial registered agent for a fee and for fifty (50) or less filing entities may:

File with the Superintendent a commercial registered agent listing statement; and

Include the signature of the entity, individual, or other person authorized to sign on behalf of the commercial registered agent on the commercial registered agent listing statement.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 713 TERMINATION OF LISTING OF COMMERCIAL REGISTERED AGENT

713.1 In addition to the requirements of Chapter 1 (General Provisions) of the Act (D.C. Official Code § 29-101.01 et seq. (2011 Repl.)):

If the commercial registered listing agent is a domestic filing entity and the status of the commercial registered listed agent is revoked or terminated, the commercial registered listing agent is terminated as the agent for all entities it represents.

If the commercial registered listing agent is a foreign filing entity and the status of the commercial registered listing agent is revoked or terminated, the commercial registered listing agent is terminated as the agent for all entities it represents.

Reinstatement of the commercial registered listing agent shall reinstate the listing of an agent.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 714 CHANGE OF NAME, ADDRESS, TYPE OF ENTITY, OR JURISDICTION OF FORMATION BY COMMERCIAL REGISTERED AGENT

714.1 Upon filing a commercial registered agent statement of change, the Superintendent shall charge the commercial registered agent a fee to change the commercial registered agent information for each entity represented by the commercial registered agent.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 715 DESIGNATION OF REGISTERED AGENT BY NONREGISTERED FOREIGN ENTITY OR NONFILING DOMESTIC ENTITY

715.1 In addition to the requirements of Chapter 1 (General Provisions) of the Act (D.C. Official Code § 29-101.01 et seq. (2011 Repl.)), a nonregistered foreign entity or non-filing domestic entity filing a statement designating a registered agent shall include the entity’s principal address.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 716 SERVICE OF PROCESS, NOTICE OR DEMAND ON ENTITY

716.1 In addition to the requirements of Chapter 1 (General Provisions) of the Act (D.C. Official Code § 29-101.01 et seq. (2011 Repl.)), a person seeking to serve process, notice, or demand on the Superintendent shall submit to the Superintendent:

A completed service of process action on a form to be provided by the Department; or

A declaration containing the plaintiff’s name and address, defendant’s domestic or foreign filing entity’s name and last known address, and grounds for serving the Superintendent. The declaration shall contain the plaintiff or authorized person’s name and signature.

716.2 Service on the Superintendent shall only be made after the person seeking to serve the Superintendent has filed the notice or demand with a court of competent jurisdiction.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 717 FOREIGN REGISTRATION STATEMENT

717.1 In addition to the requirements of Chapter 1 (General Provisions) of the Act (D.C. Official Code § 29-101.01 et seq. (2011 Repl.)), a foreign entity or foreign limited liability partnership filing a statement of foreign registration shall include in the statement:

The signature of the entity’s governor or other individual authorized to sign on behalf of the governor; and

The signing individual’s name and capacity to sign.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 718 AMENDMENT OF FOREIGN REGISTRATION STATEMENT

718.1 In addition to the requirements of Chapter 1 (General Provisions) of the Act (D.C. Official Code § 29-101.01 et seq. (2011 Repl.)), the foreign entity amending its foreign registration statement shall:

(a) Specify in detail how the amended foreign registration statement differs from the existing foreign registration statement;

(b) Submit a certified copy of the filing effectuating the amendment; and

(c) The certified copy must be dated within the most recent ninety (90) days by the Secretary of State or authorized officer of the jurisdiction of formation.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 719 WITHDRAWAL OF REGISTRATION OF REGISTERED FOREIGN ENTITY

719.1 In addition to the requirements of Chapter 1 (General Provisions) of the Act (D.C. Official Code § 29-101.01 et seq. (2011 Repl.)), the foreign entity shall:

Be in good standing in the District before filing its statement of withdrawal;

Include the date of its initial foreign registration in the District in its statement of withdrawal; and

Include in the statement of withdrawal, the signature of the entity’s governor or other individual authorized to sign on behalf of the governor, and the signing individual’s name and capacity to sign.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 720 WITHDRAWAL ON DISSOLUTION OR CONVERSION TO NONFILING ENTITY OTHER THAN LIMITED LIABILITY PARTNERSHIP

720.1 In addition to the requirements of Chapter 1 (General Provisions) of the Act (D.C. Official Code § 29-101.01 et seq. (2011 Repl.)), a registered foreign entity which dissolves or converts to a domestic or foreign nonfiling entity other than a limited liability partnership shall include in its state of withdrawal:

(a) The signature of the entity’s governor or other individual authorized to sign on behalf of the governor; and

The signing individual’s name and capacity to sign.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 721 TRANSFER OF REGISTRATION

721.1 In addition to the requirements of Chapter 1 (General Provisions) of the Act (D.C. Official Code § 29-101.01 et seq. (2011 Repl.)), a registered foreign entity that merges into a nonregistered foreign entity or converts to a foreign entity that is required to register with the Superintendent shall:

Be in good standing in the District before filing a transfer of application;

Submit a certified copy of the filing effectuating the merger or conversion; and

The certified copy shall be dated within the most recent ninety (90) days by the Secretary of State or authorized officer of the jurisdiction of formation.

721.2 The application for the transfer of registration shall contain:

(a) The signature of the entity’s governor or other individual authorized to sign on behalf of the governor; and

(b) The signing individual’s name and capacity to sign.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 722 TERMINATION OF REGISTRATION FOR FOREIGN ENTITIES

722.1 In addition to the requirements of Chapter 1 (General Provisions) of the Act (D.C. Official Code § 29-101.01 et seq. (2011 Repl.)), the Superintendent may terminate the registration of a foreign filing entity or foreign limited liability partnership to do business in the District if the entity is voluntarily or involuntarily dissolved in its state of domicile without filing an application for withdrawal in the District.

722.2 A foreign filing entity whose registration is terminated and seeks reinstatement in the District shall:

Comply with the same rules found in Chapter 1 (General Provisions) of the Act (D.C. Official Code § 29-101.01 et seq. (2011 Repl.)) governing a domestic filing entity that is dissolved administratively and seeking reinstatement;

Affirm that the entity is neither voluntarily nor involuntarily dissolved in its state of domicile at the time it seeks reinstatement in the District;

File with the Superintendent all reports which would have been due to the

Superintendent while the entity was dissolved administratively; and

Pay all corporate filing fees which would have been due to the Superintendent while the entity was dissolved administratively.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 723 TERMINATION OF REGISTRATION FOR DOMESTIC ENTITIES

723.1 A domestic filing entity whose registration is terminated and seeks reinstatement in the District shall:

Comply with the same rules found in Chapter 1 (General Provisions) of the Act (D.C. Official Code § 29-101.01 et seq. (2011 Repl.)) governing a domestic filing entity that is dissolved administratively and seeking reinstatement;

File with the Superintendent all reports which would have been due to the

Superintendent while the entity was dissolved administratively; and

Pay all corporate filing fees which would have been due to the Superintendent while the entity was dissolved administratively.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 724 PROCEDURE AND EFFECT

724.1 The following provisions shall apply to business corporations:

A business corporation that plans a merger or share exchange with one or more business corporations shall comply with Subchapter IX (Merger and Share Exchanges) of Chapter 3 (Business Corporations) of the Act.

A business corporation that plans a merger with an entity other than a business corporation shall comply with Chapter 2 (Entity Transactions) of the Act.

724.2 The following provision shall apply to nonprofit corporations:

A nonprofit corporation that plans a merger or membership exchange with one or more nonprofit corporations shall comply with Subchapter IX (Mergers and Membership Exchanges) of Chapter 4 (Nonprofit Corporations) of the Act.

724.3 The following provisions shall apply to professional corporations:

A professional corporation that plans a merger with one or more professional corporations or limited liability companies shall comply with D.C. Official Code § 29-512 (2011 Repl.).

A professional corporation that plans a merger with an entity other than a professional corporation or limited liability company shall comply with Chapter 2 (Entity Transactions) of the Act.

724.4 The following provisions shall apply to general partnerships:

A general partnership that plans a merger with one or more general partnerships shall comply with Subchapter IX (Mergers and Interest Exchanges) of Chapter 6 (General Partnerships) of the Act.

A general partnership that plans a merger with an entity other than a general partnership shall comply with Chapter 2 (Entity Transactions) of the Act.

724.5 The following provisions shall apply to limited partnerships:

A limited partnership that plans a merger with one or more limited partnerships shall comply with Subchapter X (Merger) of Chapter 7 (Limited Partnerships) of the Act.

A limited partnership plans a merger with an entity other than a limited partnership shall comply with Chapter 2 (Entity Transactions) of the Act.

724.6 The following provisions shall apply to limited liability companies:

A limited liability company that plans a merger with one or more limited liability companies shall comply with Subchapter IX (Merger and Domestication) of Chapter 8 (Limited Liability Companies) of the Act.

A limited liability company that plans a merger with one or more professional corporations shall comply with D.C. Official Code § 29-512 (2011 Repl.).

A limited liability company that plans a merger with an entity other than a limited liability company or professional corporation shall comply with Chapter 2 (Entity Transactions) of the Act.

724.7 The following provision shall apply to general cooperative associations:

A general cooperative association that plans a merger with one or more general cooperative associations shall comply with Chapter 2 (Entity Transactions) of the Act.

724.8 The following provisions shall apply to limited cooperative associations:

A limited cooperative association that plans a merger with one or more limited cooperative associations shall comply with Subchapter XV (Merger) of Chapter 10 (Limited Cooperative Associations) of the Act.

A limited cooperative association that plans a merger with an entity other than a limited cooperative association shall comply with Chapter 2 (Entity Transactions) of the Act.

724.9 The following provisions shall apply to unincorporated nonprofit associations:

An unincorporated nonprofit association that plans a merger with one or more unincorporated nonprofit associations shall comply with D.C. Official Code § 29-1126 of Chapter 11 (Unincorporated Nonprofit Associations) of the Act.

An unincorporated nonprofit association that plans a merger with an entity other than an unincorporated nonprofit association shall comply with Chapter 2 (Entity Transactions) of the Act.

724.10 The following provisions shall apply to statutory trusts:

A statutory trust that plans a merger with one or more statutory trusts shall comply with Subchapter VII (Merger) of Chapter 12 (Statutory Trusts) of the Act.

A statutory trust that plans a merger with an entity other than a statutory trust shall comply with Chapter 2 (Entity Transactions) of the Act.

724.11 An entity that plans a merger with one or more entities other than those described in the other provisions of this section shall comply with Chapter 2 (Entity Transactions) of the Act.

724.12 In addition to the requirements set forth in other provisions of this section:

A foreign filing entity shall be in good standing in the state of domicile before filing its articles of merger or articles of share exchange.

A registered foreign filing entity shall be in good standing in the state of domicile before filing its articles of merger or articles of share exchange with the Superintendent.

A nonregistered foreign filing entity shall submit to the Superintendent a certificate of good standing, certificate of existence, or similar document dated within the last ninety (90) days from the Secretary of State or other authorized officer of the jurisdiction of formation.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 725 ENTITY TRANSACTIONS: MERGER AUTHORIZED

725.1 A domestic nonprofit corporation planning to merge shall comply with Chapter 4 (Nonprofit Corporations) of the Act (D.C. Official Code § 29-401.01 et seq. (2011 Repl.)).

725.2 A foreign nonprofit corporation planning to merge shall comply with Chapter 4 (Nonprofit Corporations) of the Act (D.C. Official Code § 29-401.01 et seq. (2011 Repl.)).

725.3 A general cooperative association planning to merge shall comply with Chapter 4 (Nonprofit Corporations) of the Act.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 726 ENTITY TRANSACTIONS: GOOD STANDING FOR MERGING ENTITIES

726.1 A business corporation planning an interest exchange with another business corporation shall comply with Subchapter IX (Merger and Share Exchanges) of Chapter 3 (Business Corporations) of the Act.

726.2 A general partnership planning an interest exchange with another general partnership must comply with D.C. Official Code § 29-609.05 (2011 Repl.) and, to the extent not consistent with that section, shall comply with Chapter 2 (Entity Transactions) of the Act.

726.3 An entity planning an interest exchange other than an interest exchange described in §§ 725.1 and 725.2 shall comply with Chapter 2 (Entity Transactions) of the Act.

726.4 In addition to the requirements set forth in this section:

(a) A foreign entity shall be in good standing in the state of domicile before filing its statement of merger with the Superintendent.

(b) A registered foreign entity shall be in good standing before filing its statement of merger with the Superintendent.

(c) A nonregistered foreign entity shall submit to the Superintendent a certificate of good standing, certificate of existence, or similar document dated within the last ninety (90) days from the Secretary of State or other authorized officer of the jurisdiction of formation.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 727 ENTITY TRANSACTIONS: INTEREST EXCHANGE AUTHORIZED

727.1 In addition to the requirements of Chapter 2 (Entity Transactions) of the Act (D.C. Official Code § 29-201.01 et seq. (2011 Repl.)):

(a) A foreign entity shall be in good standing in the state of domicile before filing its statement of interest exchange with the Superintendent.

(b) A registered foreign entity shall be in good standing before filing its statement of interest exchange with the Superintendent.

A nonregistered foreign entity shall submit to the Superintendent a certificate of good standing, certificate of existence, or similar document dated within the last ninety (90) days from the Secretary of State or other authorized officer of the jurisdiction of formation.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 728 ENTITY TRANSACTIONS: PLAN OF CONVERSION

728.1 In addition to the requirements of Chapter 2 (Entity Transactions) of the Act (D.C. Official Code § 29-201.01 et seq. (2011 Repl.)), a registered domestic filing entity or registered foreign filing entity shall be in good standing with the Superintendent before filing its statement of conversion.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 729 ENTITY TRANSACTIONS: GOOD STANDING FOR CONVERTING ENTITITES

729.1 In addition to the requirements of Chapter 2 (Entity Transactions) of the Act (D.C. Official Code § 29-201.01 et seq. (2011 Repl.)):

(a) A converting foreign entity not registered in the District shall submit to the Superintendent a certificate of good standing, certificate of existence, or similar document; and

(b) The certificate of good standing, certificate of existence, or similar document shall have a date within the last ninety (90) days from the Secretary of State or other authorized officer of the jurisdiction of formation.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 730 ENTITY TRANSACTIONS: DOMESTICATION AUTHORIZED

730.1 A business corporation that plans to domesticate shall comply with Subchapter VII (Domestication) of Chapter 3 (Business Corporations) of the Act.

730.2 A nonprofit corporation that plans to domesticate shall comply with Subchapter VII (Domestication) of Chapter 4 (Nonprofit Corporations) of the Act.

730.3 A limited liability company that plans to domesticate shall comply with Subchapter IX (Merger and Domestication) of Chapter 8 (Limited Liability Companies) of the Act.

730.4 An entity that plans a domestication other than those described in the other provisions of this section shall comply with Chapter 2 (Entity Transactions) of the Act.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 731 ENTITY TRANSACTIONS: PLAN OF DOMESTICATION

731.1 In addition to the requirements of Chapter 2 (Entity Transactions) of the Act (D.C. Official Code § 29-201.01 et seq. (2011 Repl.)):

A registered foreign filing entity becoming a domestic entity must be in good standing with the Superintendent before filing its statement of domestication.

A nonregistered foreign entity shall submit to the Superintendent a certificate of good standing, certificate of existence, or similar document dated within the last ninety (90) days from the Secretary of State or other authorized officer of the jurisdiction of formation.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 732 ENTITY TRANSACTIONS: GOOD STANDING FOR DOMESTICATING ENTITIES

732.1 In addition to the requirements of Chapter 2 (Entity Transactions) of the Act (D.C. Official Code § 29-201.01 et seq. (2011 Repl.)), a registered foreign entity becoming a domestic entity shall be in good standing with the Superintendent before filing its statement of domestication.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 733 BUSINESS CORPORATIONS: CALCULATION OF FEES FOR ARTICLES OF INCORPORATION

733.1 The Superintendent shall assign a value of one dollar ($ 1) to each authorized share for the purpose of calculating filing fees if the articles of incorporation include:

A number of authorized shares; and

Does not specify the par value for each authorized share.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 734 BUSINESS CORPORATIONS: SURRENDER OF CHARTER UPON DOMESTICATION

734.1 A domestic business corporation that has adopted and approved a plan for the corporation to be domesticated in a foreign jurisdiction shall be in good standing with the Superintendent before filing its articles of charter surrender.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 735 BUSINESS CORPORATIONS: CALCULATION OF FEES FOR ARTICLES OF AMENDMENT

735.1 The Superintendent shall assign a value of one dollar ($1) to each authorized share for the purpose of calculating filing fees if the articles of amendment include:

An increase of authorized shares; and

Does not specify the par value for each authorized share.

735.2 A corporation shall not use the articles of amendment to amend:

The registered agent on record;

The name of the incorporators; or

The address of the incorporators.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 736 BUSINESS CORPORATIONS: CALCULATION OF FEES FOR RESTATED ARTICLES OF INCORPORATION

736.1 The Superintendent shall assign a value of one dollar ($1) to each authorized share for the purpose of calculating filing fees if the restated articles of incorporation include:

An increase of authorized shares; and

Does not specify the par value for each authorized share.

736.2 The corporation shall not use the restated articles of incorporation to amend:

The registered agent on record;

The name of the incorporators; or

The address of the incorporators.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 737 BUSINESS CORPORATIONS: DISSOLUTION BY INCORPORATORS OR INITIAL DIRECTORS

737.1 In addition to the requirements of Chapter 3 (Business Corporations) of the Act (D.C. Official Code § 29-301.01 et seq. (2011 Repl.)), a majority of the incorporators or initial directors of a corporation may dissolve the corporation if:

The incorporators or initial directors have not filed a biennial report by the deadline; and

(b) The corporation is in good standing in the District before filing its articles of dissolution with the Superintendent.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 738 BUSINESS CORPORATIONS: ARTICLES OF DISSOLUTION

738.1 A domestic corporation shall be in good standing before filing its articles of dissolution with the Superintendent.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 739 NONPROFIT CORPORATIONS: GOOD STANDING FOR DOMESTICATING NONPROFIT CORPORATIONS

739.1 In addition to the requirements of Chapter 4 (Nonprofit Corporations) of the Act (D.C. Official Code § 29-401.01 et seq. (2011 Repl.)):

(a) A registered foreign nonprofit domesticating in the District shall be in good standing with the Superintendent before filing its articles of domestication; and

A nonregistered foreign nonprofit domesticating in the District shall submit to the Superintendent a certificate of good standing, certificate of existence, or similar document dated within the last ninety (90) days from the Secretary of State or other authorized officer of the jurisdiction of formation.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 740 NONPROFIT CORPORATIONS: AMENDING ARTICLES OF AMENDMENT

740.1 A nonprofit corporation shall not use the articles of amendment to amend:

The registered agent on record;

The name of incorporators; or

The address of incorporators.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 741 NONPROFIT CORPORATIONS: AMENDING RESTATED ARTICLES OF INCORPORATION

741.1 A nonprofit corporation shall not use the restated articles of incorporation to amend:

The registered agent on record;

The name of incorporators; or

The address of incorporators.

741.2 A nonprofit corporation restating its articles of incorporation may identify the filing as a “restated articles of incorporation” or “restated and amended articles of incorporation” instead of an articles of amendment as stated in D.C. Official Code § 29-408.07(c) (2011 Repl.).

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 742 NONPROFIT CORPORATIONS: ARTICLES OF DISSOLUTION

742.1 A nonprofit corporation shall be in good standing before filing its articles of dissolution with the Superintendent.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 743 PROFESSIONAL CORPORATIONS: PERPETUAL DURATION; DISSOLUTION

743.1 A professional corporation that is treated as having converted into a corporation organized under Chapter 3 (Business Corporations) of the Act (D.C. Official Code § 29-301.01 et seq. (2011 Repl.)) shall file with the Superintendent its statement of conversion in accordance with Chapter 2 (Entity Transactions) of the Act (D.C. Official Code § 29-201.01 et seq. (2011 Repl.)).

743.2 A professional corporation filing its articles of dissolution with the Superintendent shall satisfy the filing of articles of dissolution requirements of Chapter 3 (Business Corporations) of the Act (D.C. Official Code § 29-301.01 et seq. (2011 Repl.)).

743.3 For purposes of D.C. Official Code § 29-502(3) (2011 Repl.), the term practitioners of the healing arts shall mean a licensed professional authorized to practice a health occupation under Title 3, Chapter 12 of the D.C. Official Code. This excludes an assistant, technician, technologist, aide, or person in a similar position who is licensed or permitted to practice a health occupation in the District under Title 3, Chapter 12 of the D.C. Official Code.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 744 LIMITED LIABILITY PARTNERSHIPS: STATEMENT OF PARTNERSHIP AUTHORITY

744.1 Unless earlier canceled, a limited liability partnership may amend its filed statement of partnership authority before the end of the fifth year following the date of:

The existing statement of partnership authority on file with the Superintendent; or

The existing amended statement of partnership authority on file with the

Superintendent.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 745 LIMITED LIABILITY PARTNERSHIPS: STATEMENT OF QUALIFICATION

745.1 In addition to the requirements of Chapter 6 (General Partnerships) of the Act (D.C. Official Code § 29-601.01 et seq. (2011 Repl.)), a partnership becoming a limited liability partnership shall be in good standing before filing an amendment to or cancellation of the statement of qualification with the Superintendent.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 746 LIMITED LIABILITY PARTNERSHIPS: NONJUDICIAL DISSOLUTION

746.1 A dissolved limited liability partnership that has completed winding up and is in good standing shall submit to the Superintendent a statement of dissolution for filing.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 747 LIMITED LIABILITY COMPANIES: CERTIFICATE OF ORGANIZATION FOR COMPANIES WITH ONE OR MORE SERIES

747.1 In addition to the requirements of Chapter 8 (Limited Liability Companies) of the Act (D.C. Official Code § 29-801.01 et seq. (2011 Repl.)), if a limited liability company has one (1) or more series that is treated as a separate entity, the certificate of organization filed with the Superintendent shall include:

(a) That the limited liability company has at least one (1) member;

(b) The date on which the person(s) became the company’s initial member or members; and

(c) The name of the company’s initial member or members.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 748 LIMITED LIABILITY COMPANIES: AMENDMENT OR RESTATEMENT OF CERTIFICATE OF ORGANIZATION

748.1 A limited liability company shall not use the restated or amended certificate of organization to amend:

The registered agent on record;

The name of organizers; or

The address of organizers.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 749 GENERAL COOPERATIVE ASSOCIATIONS: ARTICLES OF INCORPORATION AMENDMENTS

749.1 A general cooperative shall not use the amended articles to amend:

The registered agent on record;

The name of incorporators; or

The address of incorporators.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 750 LIMITED COOPERATIVE ASSOCIATIONS: PAYMENT OF A FOR-PROFIT FILING FEE

750.1 If a limited cooperative association does not specify a nonprofit purpose in the articles of organization filed with the Superintendent, the limited cooperative association shall pay a for-profit filing fee.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 751 LIMITED COOPERATIVE ASSOCIATIONS: AMENDMENT OR RESTATEMENT OF ARTICLES OF ORGANIZATION

751.1 A limited cooperative association shall not use the amended articles, restated articles of organization, or articles of merger to amend:

The registered agent on record;

The name of organizers; or

The address of organizers.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 752 LIMITED COOPERATIVE ASSOCIATIONS: NONJUDICIAL DISSOLUTION

752.1 A dissolved limited cooperative association shall be in good standing before filing a statement of dissolution with the Superintendent.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 753 STATUTORY TRUSTS: USE OF AMENDMENT, ARTICLES OF CONVERSION OR ARTICLES OF MERGER

753.1 A statutory trust shall not use an amendment, articles of conversion, or articles of merger to amend:

The registered agent on record;

The name of the initial trustee; or

The address of the initial trustee.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 754 STATUTORY TRUSTS: ARTICLES OF DISSOLUTION

754.1 A statutory trust shall be in good standing before filing its articles of dissolution with the Superintendent.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17 DCMR § 799 DEFINITIONS

799.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act – District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2010, effective July 2, 2011 (D.C. Law 18-378; D.C. Official Code § 29-101.01 et seq.).

Business day – A day of the week consisting of Monday through Friday, and excludes Saturday, Sunday, any legal holiday, or any day that the District government is closed.

Calendar day – Monday through Sunday; however, if the final day is a day that DCRA is closed for business, the filing changes to the first day DCRA is open for business.

Calendar year – January 1 through December 31.

DCRA or Department – Department of Consumer and Regulatory Affairs.

Domicile – The state where the entity formed.

Registered – A domestic or foreign filing entity listed on the records maintained by the Superintendent.

Superintendent – DCRA Superintendent of Corporations.

History

• SOURCE: Final Rulemaking published at 60 DCR 13139 (September 20, 2013).

17-8 TIRE DEALERS

17 DCMR § 800 APPLICABILITY

800.1 This chapter shall apply to any person engaged in the storage, collection, or processing of waste tires in the District of Columbia, regardless of whether the waste tires are purchased or obtained free of charge.

History

• SOURCE: Final Rulemaking published at 60 DCR 15224 (November 1, 2013).

17 DCMR § 801 GENERAL LICENSE REQUIREMENTS

GENERAL LICENSE REQUIREMENTS

801.1 No person shall operate a business of storing, collecting, or processing waste tires without obtaining and maintaining a valid basic business license for a tire dealer.

801.2 Application for a tire dealer business license shall be made on a form prescribed by the Department and shall include the following information:

The name and address of the owner of the tire dealer business;

A copy of the current Certificate of Occupancy for the property where the tire dealer business is to be located;

A Clean Hands Certification;

A copy of the applicant’s certificate of registration, issued by the Office of Tax and Revenue, designating the applicant’s sales and use tax number;

If the applicant is not a resident of the District of Columbia:

(1) The name and address of a registered agent upon whom service of process and other legal notices may be delivered; or

(2) A designation of the Mayor as the person who may accept service of process as well as other legal notices directed to the applicant; and

Any additional information required by the Department.

History

• SOURCE: Final Rulemaking published at 60 DCR 15224 (November 1, 2013).

17 DCMR § 802 STORAGE OF WASTE TIRES

802.1 No tire dealer licensee shall store more than five hundred (500) waste tires on its property.

Waste tires shall be stacked in solid piles and in an orderly manner on a level surface.

Waste tires shall be stored in a covered trailer, roll-off box, cage, or similar storage device to prevent rainwater or melting snow from collecting in the waste tires.

Waste tires shall not:

(a) Be located on public space, including sidewalks, streets, or alleys;

(b) Be located along the property’s fences, gates or walls that are immediately adjacent to public space, including sidewalks, streets, or alleys;

(c) Be located within twenty-five feet (25 ft.) of any occupiable structure, such as a residential or commercial building, on an adjacent property;

(d) Be stored so that they exceed ten feet (10 ft.) in height;

(e) Be stored in such a manner that they exceed either twenty-five feet (25 ft.) in width or one hundred feet (100 ft.) in length;

(f) Be stored in such a manner that they do not allow a width of at least fifty feet (50 ft.) between stacks of waste tires; and

(g) Be stored near any flammable source, combustible material, or any other volatile material.

Any area on the licensee’s property that contains waste tires shall be clearly designated as a no smoking area.

A licensee shall properly maintain the property and shall not allow excessive vegetative growth, including plants with obnoxious or noxious odor, weeds, grasses causing hay fever, or any weed growth that creates a breeding place for mosquitoes. Vegetative growth on the property shall not exceed a height of ten inches (10 in.).

A licensee shall ensure the property’s fences and gates are properly maintained to prevent any unauthorized access to the property.

History

• SOURCE: Final Rulemaking published at 60 DCR 15224 (November 1, 2013).

17 DCMR § 803 DISPOSAL OF WASTE TIRES

803.1 A licensee shall establish and maintain a contractual agreement with a waste tire hauler, or its equivalent, for the removal of waste tires, at a minimum of every three calendar (3) days, from the licensee’s property.

803.2 A copy of the contractual agreement required by § 803.1 shall be available for inspection or review by the Department.

History

• SOURCE: Final Rulemaking published at 60 DCR 15224 (November 1, 2013).

17 DCMR § 804 RECORD KEEPING

804.1 By February 1 of each year, a licensee shall produce a report summarizing the licensee’s waste tire business activity in the prior calendar year.

804.2 The annual report required by § 804.1 shall contain the following information:

The source, total number, type and average quantity (by number or weight) of waste tires collected;

The approximate number of waste tires that accumulated on the property every day;

The maximum quantity, by number or weight, and type of waste tires that were accepted by the licensee on a daily basis;

The arrangement and size of the piles of tires stored at the business awaiting removal;

Description of how waste tires were stored at the licensee’s property pending disposal and removal;

The destination and number of tires shipped or otherwise disposed of; and

A copy of the agreement with the waste tire hauler required under § 803.1.

A licensee shall maintain copies of each annual report for a minimum of three (3) years and the reports shall be made available for inspection by the Department upon request.

The record keeping requirements of this section shall not apply to any charitable, fraternal, or other type of nonprofit organization or association that conducts programs that result in the voluntary cleanup of land, water resources, or collection for disposal of waste tires.

History

• SOURCE: Final Rulemaking published at 60 DCR 15224 (November 1, 2013).

17 DCMR § 805 EMERGENCY PLAN

805.1 A licensee shall have and maintain at its business location an emergency plan containing the following information:

A description of the licensee’s fire prevention plans;

The name, home address, phone number, and email address of the persons to be contacted in the event of a fire or other type of emergency;

A list of the emergency response equipment at the licensee’s property, its location, and how it should be used in the event of a fire or other emergency; and

The procedures to be followed in the event of a fire, including how to contain and dispose of any oily material generated by the combustion of tires.

History

• SOURCE: Final Rulemaking published at 60 DCR 15224 (November 1, 2013).

17 DCMR § 806 WAIVERS

806.1 Any licensee that has been in operation for at least three (3) years before the effective date of these regulations may seek a waiver from the applicability of § 802.4(c).

806.2 A licensee seeking a waiver from § 802.4(c) shall remain subject to all other provisions of this chapter and shall submit evidence of when it commenced operations as a tire dealer.

806.3 Any waiver issued pursuant to this section shall be valid only to the licensee whose name and business address is listed on the business license issued pursuant to this chapter.

806.4 Any waiver issued pursuant to this section shall not be transferrable to any subsequent owners of the tire dealer business or to any change of address of the tire dealer business.

806.5 A licensee seeking a waiver issued pursuant to this section shall file an application with the Department within one hundred eighty (180) days of the effective date of these regulations. Failure to file an application shall be deemed a forfeiture of the waiver and shall subject the licensee to § 802.4(c).

History

• SOURCE: Final Rulemaking published at 60 DCR 15224 (November 1, 2013).

17 DCMR § 899 DEFINITIONS

When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Department – the Department of Consumer and Regulatory Affairs.

Vegetative growth – includes tall grass, kudzu, poison ivy, oak and sumac, plants with obnoxious odors, weeds, grasses causing hay fever, and any weed growth that creates a breeding place for mosquitoes.

Waste tire – any automobile, motorcycle, heavy equipment, or truck tire stored or offered for sale by a waste tire generator or otherwise retained by a waste tire generator after having replaced a customer’s new or used tire.

Waste tire generator – any person who buys, sells, or stores new or used tires for use on automobiles, motorcycles, heavy equipment, or trucks and which retains any of the customer’s used tires after replacement.

History

• SOURCE: Final Rulemaking published at 60 DCR 15224 (November 1, 2013).

17-9 PROHIBITION ON THE SALE OF SYNTHETIC DRUGS

17 DCMR § 900 SALE OF SYNTHETIC DRUGS PROHIBITED

900.1 No person doing business in the District of Columbia that has or is required to have a Basic Business License issued under D.C. Official Code §§ 47-2851.01 et seq. (2012 Repl. & 2013 Supp.) shall sell, offer for sale, allow the sale of, display for sale, possess, market, trade, barter, give, devise, or otherwise make or attempt to make available:

Synthetic Drugs;

Products packaged as common non-consumable products, which contain warning notices or age restrictions not typically found on products marketed for that purpose. For example, potpourri, incense, or bath salt packages that bear a warning label, including, but not limited to: “Not for purchase by minors”, “Manufacturer and retailer are not responsible for misuse of this product”, “Not for human consumption”, “Must be 18 years or older to purchase”, or equivalent language;

Products containing notices on the packaging not typically found on products marketed for that purpose. For example, potpourri or shoe oil containing notices such as “Legal in 50 states”, “100% legal blend”, or language affirming conformance with specific state or federal statutes or regulations. Such notices may also include, but are not limited to, “does not contain any chemical compounds prohibited by law”, “contains no prohibited chemicals”, “product is in accordance with State and Federal laws”, “legal herbal substance”, “100% chemical free”, “100% synthetic free”, or equivalent language;

Products whose package labeling suggests the user will achieve a high, euphoria, relaxation, mood enhancement, or a hallucinogenic effect, or that the product has other mind or body-altering effects on the consumer; or

Products that have been enhanced with a synthetic chemical or synthetic chemical compound that has no legitimate relation to the advertised use of the product, but mimics the effects of a controlled substance when the product, or the smoke from the burned product, is introduced into the human body and/or the product is topically applied to the human body.

History

• SOURCE: Final Rulemaking published at 61 DCR 12217 (November 28, 2014). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 900

17 DCMR § 901 EXEMPTIONS

901.1 The products prohibited for sale under this chapter shall not apply to:

Any herbal or plant material containing synthetic chemicals or chemical compounds which:

Require a prescription;

Are approved by the Food and Drug Administration;

Are dispensed in accordance with District and federal law; and/or

Are subject to the jurisdiction of a federal entity.

(b) Any material containing synthetic chemicals or chemical compounds which:

Require a prescription;

Are approved by the Food and Drug Administration; and/or

(3) Are dispensed in accordance with District and federal law.

901.2 A business subject to § 900.1 that believes any of its products should not be subject to prohibition shall submit a request for an exemption on a form provided by the Department of Consumer and Regulatory Affairs (DCRA).

901.3 In its request for exemption, the business shall provide a basis for the exemption, including a description of the product(s) and an affirmation by the business licensee that, to the best of the business licensee’s knowledge, the product(s) are not used by consumers to achieve a high, euphoria, relaxation, mood enhancement, hallucinogenic effect or other mind or body-altering effect.

901.4 If an exemption request is granted, DCRA:

May conduct on-site inspections of the business; and

Shall require the business licensee to maintain purchase and sales records for any products that have been issued an exemption, which the licensee shall provide upon request by any official from DCRA, the D.C. Metropolitan Police Department, or the D.C. Department of Health.

901.5 If DCRA denies an exemption request, the business licensee may submit to the DCRA Director or designee a request for reconsideration. The DCRA Director or designee shall have fifteen business (15) days to issue a written determination on the request for reconsideration.

901.6 In determining whether to issue an exemption under this section, DCRA may seek recommendations from the D.C. Metropolitan Police Department, the D.C. Department of Health, or other government agencies having expertise with synthetic drugs.

History

• SOURCE: Final Rulemaking published at 61 DCR 12217 (November 28, 2014). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 901

17 DCMR § 902 ENFORCEMENT

902.1 A credentialed DCRA investigator or inspector may, during regular business hours, enter and inspect the premises to determine whether the business is in compliance with this chapter.

902.2 Nothing in this chapter shall be construed as restricting the D.C. Metropolitan Police Department or the D.C. Department of Health from entering the premises of any business licensee, during regular business hours, and requiring the business to:

(a) Produce their business license for inspection; and

(b) Provide any additional information that is requested.

History

• SOURCE: Final Rulemaking published at 61 DCR 12217 (November 28, 2014). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 902

17 DCMR § 903 PROOF OF INTENT

903.1 Any reasonable evidence may be utilized to demonstrate that a product’s marketed and/or intended use causes it to fit the definition of a synthetic drug including, but not limited to, any of the following evidentiary factors:

The product is not suitable for its marketed use (such as a crystalline or powder product being marketed as “glass cleaner”);

The individual or business providing, distributing, displaying or selling the product does not typically provide, distribute, or sell products that are used for that product’s marketed use (such as liquor stores, smoke shops, or gas/convenience stores selling “plant food”);

The product contains a warning label that is not typically present on products that are used for that product’s marketed use including, but not limited to, “Not for human consumption”, “Not for purchase by minors”, “Must be 18 years or older to purchase”, “100% legal blend”, or similar statements;

The product is significantly more expensive than products that are used for that product’s marketed use. For example, 0.5 grams of a substance marketed as “glass cleaner” costing $50.00, 1 gram of potpourri costing $10.00, or 0.5 grams of incense costing $15.00;

The product resembles an illicit street drug (such as cocaine, methamphetamine, marijuana, or schedule 1 narcotic); or

The business licensee or any employee has been warned by DCRA or has received a criminal incident report, arrest report or equivalent from any law enforcement agency that the product or a similarly labeled product contains a synthetic drug.

History

• SOURCE: Final Rulemaking published at 61 DCR 12217 (November 28, 2014). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 903

17 DCMR § 904 REVOCATION OF BUSINESS LICENSE

904.1 Any business licensee violating this chapter may receive a Notice of Infraction.

904.2 DCRA may issue a notice of intent to suspend or revoke the licensee’s basic business license for violating this chapter.

904.3 Following an adjudication that is adverse to the business licensee, DCRA shall suspend or revoke the basic business license. In adjudicated cases where a notice of intent to revoke was issued, the basic business license shall be revoked pursuant to any applicable provision of D.C. Official Code § 47-2844, and the licensee shall be ineligible to apply for a new basic business license for a substantially similar business for two (2) years.

History

• SOURCE: Final Rulemaking published at 61 DCR 12217 (November 28, 2014); as amended by Final Rulemaking published at 63 DCR 864 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 904

17 DCMR § 999 DEFINITIONS

999.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Synthetic Drug – Any product possessed, provided, distributed, sold, and/or marketed with the intent that it be used as a recreational drug, such that its consumption or ingestion is intended to produce effects on the central nervous system or brain function to change perception, mood, consciousness, cognition and/or behavior in ways that are similar to the effects of marijuana, cocaine, amphetamines or Schedule 1 narcotics. Additionally, any chemically synthesized product (including products that contain both a chemically synthesized ingredient and herbal or plant material) possessed, provided, distributed, sold and/or marketed with the intent that the product produce effects substantially similar to the effects created by compounds banned by District or Federal synthetic drug laws or by the U.S. Drug Enforcement Administration pursuant to its authority under the Controlled Substances Act.

History

• SOURCE: Final Rulemaking published at 61 DCR 12217 (November 28, 2014). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 999

17-15 PROFESSIONAL ENGINEERS AND LAND SURVEYORS

17 DCMR § 1500 INTRODUCTION AND GENERAL PROVISIONS

1500.1 In order to safeguard life, health, and property, and promote the public welfare, the practice of engineering and/or land surveying in the District of Columbia is hereby declared to be subject to regulation in the public interest. It is further declared to be a matter of public interest and concern that the professions of engineering and land surveying merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practice of engineering and land surveying. All provisions of this chapter relating to the practice of engineering and land surveying shall be construed in accordance with this declaration of policy.

1500.2 The adopted rules of procedure shall be consistent with District of Columbia law.

1500.3 Rules of procedure adopted by the Board of Professional Engineering (the Board) shall be binding upon persons licensed as Professional Engineers or Land Surveyors pursuant to the Non-Health Related Occupations and Professions Licensure Act of 1998, effective April 20, 1999, (D.C. Law 12-261; D.C. Official Code § 47-2853.01 et seq.) ("the Act").

1500.4 17 DCMR Chapter 33 shall supplement this Chapter. In the event of a conflict between 17 DCMR Chapter 33 and this Chapter or the Act, this Chapter and the Act shall control.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1501 [RESERVED]

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1502 ORGANIZATION OF THE BOARD

1502.1 Pursuant to D.C. Official Code § 47-2853.06(e), the Board shall consist of seven (7) members. Four (4) members shall be Professional Engineers licensed in various disciplines, two (2) members shall be Professional Land Surveyors, and one (1) member shall be a public member.

1502.2 The Mayor appoints the members of the Board, with the consent of the Council of the District of Columbia, to three-year terms. Members may serve on the Board for no more than three (3) consecutive three-year terms as long as the requirements set forth in D.C. Official Code § 47-2853.07 are met.

1502.3 At the first regularly scheduled meeting of each calendar year, the Board shall elect a chairperson. The Board may also choose to elect a vice chair and a treasurer. The vice chair shall preside at meetings or portions thereof when the chairperson is absent. The treasurer shall be responsible for budgeting, tracking, and controlling all Board expenditures.

1502.4 The Board shall hold at least four (4) meetings each year at times and places determined by the Board by resolution. The Board shall publish notice of all regular meetings at least one (1) week in advance in the D.C. Register. All meetings are open to the public, except meetings or portions of meetings which the Board closes for executive session.

1502.5 The Board may meet in committees smaller than the full Board, but of not less than three (3) members, for carrying out specific functions of the Board, provided that the full Board votes to approve any actions of such smaller committees.

1502.6 A quorum of the Board shall equal a majority of the number of legislated positions on the Board.

1502.7 After a quorum is established, a majority vote of those Board members present and voting is necessary for the Board to take any official action.

1502.8 The current edition of Roberts Rules of Order shall govern the normal proceedings of the Board. Exceptions include hearings that may be disciplinary in nature.

1502.9 Pursuant to D.C. Official Code § 47-2853.09(b), each member of the Board shall be entitled to receive compensation in accordance with D.C. Official Code § 1-611.08, and in addition shall be reimbursed for reasonable travel and other expenses incurred in the performance of their duties, subject to appropriations.

1502.10 All applications and requests for which the Board has prescribed a form shall be presented to the Board on the forms.

1502.11 Pursuant to the procedures and limitations set forth within Title 2, Chapter 5, subchapter II (Freedom of Information), of the D.C. Official Code, the public may request and receive copies of public records generated by the Board. The public shall direct all requests for copies of the Board's public records, as defined in D.C. Official Code § 2-502, to the Department of Consumer and Regulatory Affairs' Freedom of Information Officer.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1503 APPLICATIONS

1503.1 A person applying for licensure as a Professional Engineer or Professional Land Surveyor, or certification as an Engineer Intern or Land Surveyor Intern, shall present his or her qualifications to the Board on forms provided by the Board.

1503.2 All applications shall be completed as follows:

(a) All applications for licensure shall be submitted on forms provided by the Board, but if the space provided on a Board form is inadequate, supplementary sheets of standard size (8.5 x 11 inch) white printer or photocopy paper may be submitted;

(b) In order to allow sufficient time for processing and for scheduling examinations, all applications that require examinations shall be filed with the Board at least ninety (90) days before the date set for the appropriate examinations;

(c) Withholding information, providing statements that are untrue, or misrepresenting facts may be cause for denial of an application, or if discovered after a license has been issued by the Board, suspension, reprimand, or revocation of the license;

(d) An applicant shall supply correct addresses for all references. In the event that a reference fails to respond to a Board inquiry, the Board may delay processing an application until either the reference replies to the Board or the applicant provides another reference that replies to the Board; and

(e) In relating experience, the applicant must account for all employment and work experience since the beginning of the applicant’s experience record. If the applicant is not employed, or is employed in other kinds of work, this should be indicated in the experience record. A person who believes that he or she has the necessary qualifications for licensure according to the laws of the District of Columbia as a Professional Engineer or a Professional Land Surveyor, except for that of experience, may submit an application for certification as an Engineer Intern or a Land Surveyor Intern.

1503.3 For applicants for licensure by reciprocity or endorsement pursuant to D.C. Official Code § 47-2853.12(b), the Board shall accept licensure records which have been compiled, verified, and submitted by the National Council of Examiners for Engineering and Surveying (NCEES). Copies of documents contained in the NCEES licensure record will be accepted in lieu of original or certified documents which would otherwise be required. Applicants remain responsible for providing any additional, required documentation or information.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007); as amended by Final Rulemaking published at 61 DCR 1273 (February 14, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 1503

17 DCMR § 1504 APPLICATIONS FROM FOREIGN APPLICANTS AND PERSONS WITH DEGREES FROM FOREIGN SCHOOLS

1504.1 All foreign language documentation submitted with the completed application shall be accompanied by certified translations of each individual document. The translator shall send the translation report directly to the Board for review.

1504.2 An applicant shall be able to speak and write in English. The Board may require the applicant prove his or her English proficiency by providing a certified copy of his or her score on the Test of English as a Foreign Language (TOEFL) examination showing a score of 500 or greater.

1504.3 An applicant who, for political or other reasons deemed valid by the Board, is unable to obtain his or her college transcript shall be required to supplement his or her application as directed by the Board.

1504.4 The Board shall evaluate foreign degrees in accordance with NCEES standards and recommendations on foreign engineering curricula. A transcript evaluation submitted pursuant to § 1508.7 of this chapter shall serve as the Board's guide for assessment.

1504.5 An applicant possessing a current Professional Engineer license or Professional Land Surveyor license issued by an appropriate licensing authority of a foreign jurisdiction may be permitted to obtain a license in the District of Columbia if the applicant proves, to the satisfaction of the Board, that he or she otherwise qualifies for licensure under this chapter, has passed an examination acceptable to the Board, and has completed education and training requirements for licensure in the foreign jurisdiction that were substantially equivalent, at the time they were received by the applicant, to the education and experience requirements of this chapter.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007); as amended by Final Rulemaking published at 61 DCR 1273 (February 14, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 1504

17 DCMR § 1505 APPROVAL OR DENIAL OF APPLICATIONS

1505.1 Applications may be approved or denied.

(a) When the Board approves an application showing that the applicant has met all the requirements for licensure required by District of Columbia law, the applicant shall be granted licensure or admitted to examination with notification by the Board. The Board may ask an applicant for additional information prior to approving or denying an application.

(b) When the Board intends to deny an application for a license, the Board shall give the applicant notice and opportunity for a hearing unless the Board intends to deny the application for one or more of the following reasons:

1. The applicant failed to pay the required fees;

2. The applicant failed to complete the application;

3. The applicant failed to pass the required written examination;

4. The applicant failed to meet the minimum age, education, or experience requirements; or

5. For any other reason set forth in law or regulation and there are no material facts at issue.

(c) The Board may hold the hearing referred to in section 1505.1(b) and section 1506 or the Board may, by majority vote, refer the matter to the Office of Administrative Hearings (OAH).

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1506 RECONSIDERATION OF APPLICATIONS

1506.1 A request for a hearing shall be made within twenty (20) days after the applicant has been notified that the Board intends to deny the original application.

1506.2 The Board shall send notice of the hearing to the applicant by certified mail to the last known address of the applicant no less than fifteen (15) days before the hearing.

1506.3 The hearing shall be held by at least a quorum of the Board.

1506.4 Evidence, including oral testimony, shall be freely admitted. The applicant shall be allowed to have counsel present.

1506.5 The Board shall issue a final decision within ninety (90) days of the hearing date. The applicant shall be notified of the decision.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1507 FEES

1507.1 The Director may change the fee schedule by regulation in accordance with the Act and Mayor's Order 2000-70.

1507.2 The licensure fee, the application fee, and, if applicable, the examination fee(s), for Professional Engineers, Professional Land Surveyors, Engineer Interns, or Land Surveyor Interns shall accompany the application.

1507.3 An application received without the proper fee shall be returned to the applicant.

1507.4 Application and examination fees are non-refundable.

1507.5 Renewal fees are payable pursuant to § 1513 of this Chapter.

1507.6 Each licensee will be notified by the Board of the expiration date of his/her license and the amount of the renewal fee at least one (1) month before the expiration date.

1507.7 Pursuant to 17 DCMR 3305, a person failing to renew a license prior to the license expiration date shall be required to pay a late fee or, when appropriate, apply for reinstatement and pay a reinstatement fee.

1507.8 The Department may assess a fee for the issuance of a duplicate license certificate to a licensee.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1508 EDUCATION REQUIREMENTS

1508.1 An applicant for certification as an Engineer Intern must have obtained a four-year baccalaureate engineering degree from an engineering program approved by the Board in accordance with § 1508.2, or must be currently enrolled and within one (1) semester of completing a baccalaureate degree in engineering in an engineering program which has been approved by the Board. The current enrollment status of the applicant, if applicable, must be verified by the educational institution.

1508.2 An applicant for licensure as a Professional Engineer must have obtained a four-year baccalaureate engineering degree from an engineering program approved by the Board. The Board will approve baccalaureate degree programs that meet the following standards:

(a) The baccalaureate engineering degree program held accreditation from the Engineering Accreditation Commission of the Accreditation Board for Engineering Technology (EAC/ABET) at the time the applicant received the degree;

(b) The baccalaureate engineering degree program received accreditation from EAC/ABET within three years after the date that the applicant received the degree; or

(c) The baccalaureate degree program was not accredited by EAC/ABET, but the Board has determined, in accordance with EAC/ABET standards, that the program or combined coursework completed by the applicant is substantially equivalent to programs that are accredited by EAC/ABET. A transcript evaluation submitted pursuant to § 1508.7 of this section shall serve as the Board's guide for assessment.

1508.3 An applicant for certification as an Land Surveyor Intern must have obtained a four-year baccalaureate land surveying degree from a land surveying program approved by the Board in accordance with § 1508.4, or must be currently enrolled and within one (1) semester of completing a baccalaureate degree in land surveying in a land surveying program which has been approved by the Board. The current enrollment status of the applicant, if applicable, must be verified by the educational institution.

1508.4 An applicant for licensure as a Professional Land Surveyor, who is not licensed under the laws of another state, must have obtained a four-year baccalaureate land surveying degree from a land surveying program approved by the Board. The Board shall approve land surveying programs that meet the following standards:

(a) The college or university awarding the baccalaureate land surveying degree must be accredited by an accrediting agency or state approval agency located in the state or territory where the main campus of the college or university is located, which is recognized by the U.S. Secretary of Education as a "reliable authority as to the quality of postsecondary education" within the meaning of the Higher Education Act of 1965 (HEA);

(b) The baccalaureate land surveying program was accredited by EAC/ABET, the Applied Science Accreditation Commission of ABET (ASAC/ABET), or the Technology Accreditation Commission of ABET (TAC/ABET) (collectively, the ABET Commissions) at the time the applicant received the degree;

(c) The baccalaureate land surveying program received accreditation from one of the ABET Commissions within three years after the date that the applicant received the degree; or

(d) The baccalaureate degree program was not accredited by one of the ABET Commissions, but the Board has determined, in accordance with ABET standards, that the program or combined coursework completed by the applicant is substantially equivalent to programs that are accredited by the ABET Commissions. A transcript evaluation submitted pursuant to § 1508.7 of this section shall serve as the Board's guide for assessment.

1508.5 An applicant for licensure as a Professional Land Surveyor who is licensed and in good standing under the laws of another state, and who does not hold a four-year baccalaureate land surveying degree from an approved program, must demonstrate the attainment of a minimum of 12 years of combined education and experience, having taken at least one course of land surveying at an institution which was accredited in accordance with § 1508.4(a). Acceptable courses are those courses in the various kinds and facets of land surveying that have been evaluated and approved by this Board as being substantially equivalent to those curricula that are accredited by the ABET Commissions. Acceptable experience must meet the requirements of § 1509 of this chapter.

1508.6 Applicants are responsible for verifying the approval status of degree programs used to satisfy the Board's education requirements, and may do so by contacting the Board.

1508.7 An applicant for licensure as a Professional Engineer or Professional Land Surveyor, or certification as an Engineer Intern or Land Surveyor Intern, with a baccalaureate degree from a program that is not accredited in accordance with this section, must submit an evaluation of his or her college transcript(s), including any post-baccalaureate coursework. The transcript evaluation must be conducted by an approved credential evaluation service which evaluates completed coursework in accordance with EAC/ABET and ABET Commissions standards.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007); as amended by Final Rulemaking published at 61 DCR 1273 (February 14, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 1508

17 DCMR § 1509 EXPERIENCE REQUIREMENTS

1509.1 A person applying for licensure as a Professional Engineer shall prove to the satisfaction of the Board that he or she has obtained four (4) or more years of experience indicating that he or she may be competent to practice engineering. In evaluating an applicant's experience, the Board shall consider the following:

(a) Experience must be progressive on engineering projects to indicate that it is of increasing quality and requiring greater responsibility.

(b) Only work of an engineering nature, which follows graduation from a Board approved curriculum, is creditable.

(c) Experience shall not have been obtained in violation of the Act.

(d) Experience gained in the armed services, to be creditable, must be of a character equivalent to that which would have been gained in the civilian sector doing similar work. The Board expects that the applicant, while in the armed services, served in an engineering or engineering-related group.

(e) Experience should be gained under the supervision of a licensed professional engineer or, if the experience was gained without supervision, an explanation should be provided showing why the experience should be considered acceptable.

(f) For sales experience to be creditable, it must be demonstrated that engineering principles were required and used in gaining the experience.

(g) Teaching experience, to be creditable, must be in engineering or engineering-related courses at an advanced level in a college or university offering an engineering curriculum of four (4) years or more that is approved by the Board.

(h) Experience gained in engineering research and design projects by members of an engineering faculty where the Board approves the curriculum is creditable.

(i) Successful completion of graduate study leading to the master's degree in engineering that has followed a baccalaureate degree in engineering may be used for credit for one (1) year's experience. If the Ph.D. in engineering is completed under the same conditions, two (2) years' total experience may be credited. The two (2) years' credit includes the one (1) year for the master's degree. If the Ph.D. is obtained without the master's degree, the credit for experience may be two (2) years.

(j) Experience may not be anticipated. The experience must have been gained by the time of the application.

(k) Experience in construction, to be creditable, must demonstrate the application of engineering principles.

(l) Experience should include demonstration of knowledge of engineering mathematics, physical and applied science, properties of materials, and the fundamental principles of engineering design.

(m) Experience should include demonstration of the application of engineering principles to the practical solution of engineering problems.

1509.2 A person applying for licensure as a Professional Land Surveyor shall prove to the satisfaction of the Board that he or she has obtained no less than four (4) years of experience indicating that he or she may be competent to practice land surveying. In evaluating an applicant's experience, the Board shall consider the following:

(a) Experience on land surveying projects shall be progressive to indicate that it is of increasing quality and requiring greater responsibility on the part of the applicant.

(b) Experience shall not be obtained in violation of the Act.

(c) Experience gained in the armed services, to be creditable, must be of a character equivalent to that which would have been gained in the civilian sector doing similar work. The Board expects that the applicant, while in the armed services, served in a land surveying group.

(d) Experience should be gained under the supervision of a licensed Professional Land Surveyor or, if the experience was gained without supervision, an explanation should be provided showing why the experience should be considered acceptable.

(e) Teaching experience, to be creditable, must be at an advanced level in a land surveying curriculum approved by the Board.

(f) A substantial portion of the experience must be obtained in responsible charge of work related to property conveyance and/or boundary line determination.

(g) The applicant must demonstrate adequate experience in the technical field aspects of the profession.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007); as amended by Final Rulemaking published at 61 DCR 1273 (February 14, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 1509

17 DCMR § 1510 REFERENCES

1510.1 Each applicant shall provide the Board with the names and current addresses for the required number of references. References are individuals who should have personal knowledge of an applicant and who are able to issue judgments concerning an applicant's experience, ability, character, or reputation.

1510.2 For licensure as a Professional Engineer or Professional Land Surveyor, an applicant must submit five (5) references, three (3) of whom shall be professional engineers or professional land surveyors having personal knowledge of the applicant's engineering or land surveying experience. In addition, for each employment period, persons familiar with the applicant's experience for that period shall be given as references. Professional Engineer applicants shall have Professional Engineer references, and Professional Land Surveyor applicants shall have Professional Land Surveyor references.

1510.3 A person applying for licensure as an Engineer Intern or Land Surveyor Intern shall provide at least three (3) character references.

1510.4 Each reference shall be verified.

1510.5 Relatives shall not be used as references.

1510.6 No current Board member shall be used as a reference.

1510.7 Each applicant should inform the persons being used as references that the applicant has submitted their name as a reference.

1510.8 It is the responsibility of the applicant to assure his or her references return the completed reference form to the Board within a reasonable time. This includes educational transcripts and verification of licensure in other jurisdictions. All reference materials shall be submitted before the Board will take action on an application.

1510.9 Replies received from references regarding the qualifications of an applicant shall be placed in files that are considered non-public records. The source and character of the information will not be divulged except when required by law.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1511 EXAMINATIONS

1511.1 Each applicant for licensure or certification must pass the applicable written examination(s) to be eligible for licensure by the Board.

1511.2 The following engineering examinations prepared and furnished by the National Council of Examiners for Engineering and Surveying (NCEES) meet the requirements of the District of Columbia for licensure as a Professional Engineer:

(a) Examination in the fundamentals of engineering, known as the Fundamentals of Engineering (FE) examination; and

(b) Examination in the principles and practice of engineering, known as the Principles and Practice of Engineering (PE) examination in the appropriate engineering discipline.

1511.3 An applicant for certification as an Engineer Intern shall submit verification that he or she has passed the FE examination. An individual seeking to sit for the FE examination must apply directly to NCEES.

1511.4 An applicant for licensure as a Professional Engineer shall be eligible to sit for the PE examination as follows:

(a) An applicant for licensure as a Professional Engineer will be permitted to sit for the PE examination upon satisfactorily fulfilling all application requirements.

(b) No applicant may register or sit for the PE examination until the Board has established that the applicant is eligible for the examination.

(c) An applicant for licensure as a Professional Engineer will not be permitted to sit for the PE examination until the FE examination has been passed.

(d) Professional Engineers are examined by discipline and shall select the discipline for examination on the application. Engineering specialties are listed in § 1512 of this chapter.

1511.5 The following examinations meet the requirements of the District of Columbia for licensure as a Professional Land Surveyor:

(a) Examination in the fundamentals of land surveying prepared and furnished by the NCEES, known as the Fundamentals of Land Surveying (FLS) examination;

(b) Examination in the principles and practice of land surveying prepared and furnished by the NCEES, known as the Principles and Practice of Land Surveying (PLS) examination; and

(c) Examination on the laws and procedures for the practice of land surveying in the District of Columbia, known as the District law examination.

1511.6 An applicant for certification as a Land Surveyor Intern shall submit verification that he or she has passed the FLS examination. An individual seeking to sit for the FLS examination must apply directly to NCEES.

1511.7 An applicant for licensure as a Professional Land Surveyor shall be eligible for the appropriate examination as follows:

(a) An applicant for licensure as a Professional Land Surveyor will be permitted to sit for the PLS and/or District law examination upon satisfactorily fulfilling all application requirements.

(b) No applicant may register or sit for the PLS or District law examination until the Board has established that the applicant is eligible for the examination.

(c) An applicant for licensure as a Professional Land Surveyor will not be permitted to sit for the PLS examination until the FLS examination has been passed.

1511.8 Examinations are offered on dates and times set by the NCEES and at locations designated by NCEES or the Board.

1511.9 Examinations will be given in English.

1511.10 The Board will not distribute copies of questions used on prior examinations.

1511.11 The Board may publish specifications for all written examinations, which may be obtained from the Board upon request by persons who have been approved by the Board to take the national and/or District examination.

1511.12 Instructions provided prior to each examination will declare an examination open or closed book. When an applicant sits for an open-book examination, any books, bound materials of any sort, and Board-approved calculators or computers that are self-powered and non-printing may be used. Examinees shall not loan or exchange materials with any other person.

1511.13 If an applicant fails to attend an examination for which he or she has been scheduled, the examination fee will be forfeited. In the case of illness, death in the family, or other unavoidable causes for absence the fee will be applied to the next test administration.

1511.14 Failure of an applicant to attend an examination for which he or she has been scheduled to attend does not count as a failure of the examination.

1511.15 An applicant who fails to pass the first or second PE or PLS examination will be granted a request to sit for a third offering of the examination. In the event the applicant fails to pass a third examination and wishes to retake the examination, the Board may require the applicant to wait a prescribed period of time before taking the examination again and/or appear before the Board with evidence to show that he or she has acquired additional knowledge.

1511.16 An initial applicant for the PE or PLS examinations must submit an application at least ninety (90) days before the examination date in order to sit for the examination. An applicant for re-examination must apply to take the examination at least sixty (60) days before the examination date in order to sit for the examination.

1511.17 Examination results, after review and approval of the passing score, will be supplied in writing to each examinee showing the applicant's score and the passing score. No results will be given in any other manner.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007); as amended by Final Rulemaking published at 61 DCR 1273 (February 14, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 1511

17 DCMR § 1512 CLASSIFICATIONS AND DISCIPLINES OF ENGINEERING AND LAND SURVEYING

1512.1 An engineering applicant shall be licensed under one of the following classifications:

(a) Engineer Intern - by graduation and examination; or

(b) Professional Engineer - by graduation, experience, and examination after having been licensed as an Engineer Intern, or by reciprocity or endorsement.

(c) Professional Engineers may be licensed in one or more of the following engineering disciplines;

1. Aeronautical/Aerospace;

2. Agricultural;

3. Architectural;

4. Ceramic;

5. Chemical;

6. Civil;

7. Civil/Structural/Sanitary;

8. Control Systems;

9. Electrical;

10. Environmental;

11. Fire Protection;

12. Industrial;

13. Manufacturing;

14. Mining/Mineral;

15. Marine;

16. Mechanical;

17. Metallurgical;

18. Nuclear;

19. Petroleum;

20. Sanitary; and

21. Structural;

(d) Professional Engineers may be licensed in a discipline not listed in (c) above if an engineering examination for that discipline has been prepared and furnished by the National Council of Examiners for Engineering and Surveying, and the applicant meets the requirements of the District of Columbia for licensure as an engineer.

1512.2 A land surveying applicant shall be licensed under one of the following classifications:

(a) Land Surveyor Intern - by education and experience; or

(b) Professional Land Surveyor - by experience and examination after having been licensed as a Land Surveyor Intern or by reciprocity or endorsement and examination.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1513 LICENSE EXPIRATION AND RENEWAL

1513.1 Licenses are valid for two (2) years and expire on the 31st day of August of each even numbered year. The Board shall follow the following procedure when mailing renewal notices to licensees:

(a) The Board shall mail, or send via electronic means, a renewal notice to the last known physical address or email address of every person licensed by the Board at least thirty (30) days prior to the end of the license cycle.

(b) Subject to subparagraph (c) of this section, the renewal application and fees must be received by the Board prior to the expiration date of the license.

(c) A holder of a license who fails to renew before the expiration date may renew the license within sixty (60) days after expiration upon paying the required late fee. Upon renewal, the holder shall be deemed to have possessed a valid license during the period between the expiration of the license and its renewal.

1513.2 If a holder of a license fails to renew the license within sixty (60) days after its expiration, the license shall be deemed to have lapsed on the date of expiration and the holder shall be required to apply for reinstatement of the expired license and pay the required reinstatement fee.

1513.3 The responsibility for the timely renewal of a licensee's license rests solely with the individual licensee.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1514 INACTIVE LICENSURE STATUS

1514.1 A licensee may apply for inactive status by submitting a completed inactive status application and paying the appropriate inactive status fee.

1514.2 A person who is on inactive status shall not be required to pay the biennial renewal fee and shall not practice, offer to practice, or attempt to practice as a Professional Engineer or Professional Land Surveyor in the District.

1514.3 A person may remain on inactive status for up to five (5) years.

1514.4 A person on inactive status may reactivate his or her license at any time within five (5) years by notifying the Board and by paying appropriate fees and by meeting all requirements of the Board for license renewal including the demonstration of continuing professional competency as a condition of reinstatement.

1514.5 If a person seeking to return to active status has been on inactive status for five (5) years or more, that person shall be considered a new applicant and shall be required to meet all current requirements for licensure, unless the Board in its discretion determines that the failure to renew within the five (5) year inactive period was due to reasonable cause or excusable neglect.

1514.6 In the event an inactive licensee does not maintain a current license in any jurisdiction for the five (5) years prior to requesting reinstatement, that person will be required to take the Principles and Practice of Engineering (PE) examination or the Principles and Practice of Land Surveying (PLS) and the District of Columbia specific examination.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1515 REINSTATEMENT OF AN EXPIRED LICENSE

1515.1 A person may apply for reinstatement of an expired license any time within five (5) years of the date that the license expired by submitting a completed reinstatement application and paying the appropriate fees.

1515.2 The Board shall approve an application for reinstatement of an expired license if the applicant complies with current requirements for license renewal and submits satisfactory evidence of compliance with any continuing education requirements established by the Board in this chapter.

1515.3 The Board shall not reinstate the license of a person who fails to apply for reinstatement within five (5) years after the last valid license held by the person has expired. A person who is ineligible to apply for reinstatement of an expired license may become licensed only by meeting the requirements for obtaining an initial license.

1515.4 The applicant for reinstatement may be required to demonstrate to the Board that he or she has maintained the required minimum level of professional competence in a manner acceptable to the Board.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1516 SEALS

1516.1 The Board shall adopt and have an official seal, which shall be affixed to each certificate of licensure.

1516.2 When an applicant is granted licensure, he or she may obtain an engineer's or land surveyor's seal, as appropriate.

1516.3 The seal and signature of the licensee shall be placed on all final engineering specifications, reports, drawings, plans, design information, and calculations or land surveys, reports, plats, drawings, plans, and calculations whenever presented to a client or any public agency to certify that the work thereon was done by the licensee or under control of the licensee.

1516.4 All seals shall contain the following information:

(a) District of Columbia;

(b) Licensee's name;

(c) License number;

(d) The words "Professional Engineer" or "Professional Surveyor", as appropriate; and

(e) Any other information requested by the Board.

1516.5 Working drawings or documents that are unfinished, in-progress drawings or other documents may or may not have a seal and signature. A working drawing or document must, however, contain a statement to the effect "PRELIMINARY, NOT FOR CONSTRUCTION, RECORDING PURPOSES, OR IMPLEMENTATION."

1516.6 The seal and signature shall be placed on all original copy, tracings or other reproducible documents so that the seal and signature will be reproduced when copies are made.

1516.7 When the document contains more than one (1) sheet, the first or title page shall be sealed and signed by all involved in the work or those who controlled the work and are responsible for it. In addition, each drawing shall be sealed and signed by the licensee or licensees responsible for each sheet.

1516.8 The seal and signature shall be placed on work only when it was under the licensee's complete direction and control.

1516.9 Computer-generated seals not signed with a digital signature may be used on final original drawings provided a handwritten signature is placed adjacent to or across the seal and the date is written below the stamp. Drawings, specifications, plans, reports, or documents which do not require certification may be transmitted electronically but shall have the generated seal, if any, removed before transmitting and shall have the following inserted in lieu of the signature and date:

"This document originally issued and sealed by (name of licensee), P.E.#/P.L.S.# on (date of sealing). This document should not be considered a certified document."

1516.10 Drawings, reports, or documents that are signed using a digital signature, as defined in these Rules, shall contain the following:

(a) An authentication procedure that includes the following elements:

1. A unique signature;

2. Capability to verify the source;

3. Sole control by the person using it; and

4. A link to the document in such a manner that the digital signature is invalidated if any data in the document is changed; and

(b) A list of the hardware, software, and parameters used to prepare the document(s).

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007); as amended by Final Rulemaking published at 61 DCR 1273 (February 14, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 1516

17 DCMR § 1517 PROFESSIONAL CONDUCT

1517.1 In order to safeguard the life, health, property and welfare of the public and to establish and maintain a high standard of integrity, skills, and practice in the professions of engineering and land surveying, the following rules of professional conduct shall be binding upon every person holding a certificate of licensure as a Professional Engineer or Professional Land Surveyor (licensee), and on all business entities authorized to offer or perform engineering or land surveying services in the District of Columbia.

1517.2 All persons licensed under the provisions of this Chapter are charged with having knowledge of the existence of the rules of professional conduct, and shall be deemed to be familiar with their several provisions and to understand them.

1517.3 The licensee shall conduct the practice in order to protect the public health, safety, and welfare.

1517.4 The licensee shall, at all times, recognize the primary obligation to protect the public in the performance of his or her professional duties. If the licensee's engineering or land surveying judgment is overruled under circumstances where the safety, health, and welfare of the public are endangered, the licensee shall inform the employer, the contractor, and the appropriate regulatory agency of the possible consequences of the situation.

1517.5 The licensee shall perform services only in areas of the licensee's competence and:

(a) Shall undertake to perform engineering and land surveying assignments only when qualified by education and experience in the specific technical field of professional engineering or land surveying involved.

(b) May accept an assignment or project requiring education or experience outside of the licensee's own field of competence, but only to the extent that the services are restricted to those portions or disciplines of the project in which the licensee is qualified. All other portions or disciplines of such project shall be performed by associates, consultants, or employees who are licensed and competent in those portions or disciplines.

(c) Shall not affix the signature or seal to any engineering or land surveying plan or document dealing with subject matter for which the licensee lacks competence by virtue of education or experience, nor to any such plan or document not prepared under the licensee's direct supervisory control.

1. Direct supervisory control (responsible charge) requires a licensee or employee to carry out client contacts, provide internal and external financial control, oversee employee training, and exercise control and supervision over all job requirements to include research, planning, design, field supervision and work product review.

i. A licensee shall not contract with a non-licensed individual to provide these professional services.

ii. Research, such as title searches and soil testing, may be contracted to a non-licensed individual, provided that individual is qualified or licensed to provide such service and provided the licensee reviews the work.

2. The licensee may affix the seal and signature to drawings and documents depicting the work of two or more professionals provided it is designated by a note under the seal the specific subject matter for which each is responsible.

1517.6 The licensee shall issue public statements only in an objective and truthful manner and:

(a) Shall be objective and truthful in all professional reports, statements, or testimony. The licensee shall include all relevant and pertinent information in such reports, statements, or testimony.

(b) When serving as an expert or technical witness before any court, commission, or other tribunal, shall express an opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of the licensee's testimony.

(c) Shall issue no statements, criticisms, or arguments on engineering or land surveying matters connected with public policy which are inspired or paid for by an interested party, or parties, unless the licensee has prefaced the comment by explicitly identifying the licensee's name, by disclosing the identities of the party or parties on whose behalf the licensee is speaking, and by revealing the existence of any pecuniary interest the licensee may have in the instant matters.

(d) Shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of another engineer or land surveyor, nor indiscriminately criticize another engineer or land surveyor's work in public. Indiscriminate criticism includes statements without valid basis or cause; statements that are not objective and truthful; or statements that fail to include all relevant and pertinent information. If the licensee believes that another engineer or land surveyor is guilty of misconduct or illegal practice, such information shall be presented to the Board.

1517.7 The licensee shall avoid conflicts of interest and:

(a) Shall promptly inform the employer or client and any reviewing agency of any business association, interests, or circumstances that could influence judgment or the quality of services.

(b) Shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties.

(c) Shall not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products.

(d) Shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with the client or employer in connection with work for which the licensee is responsible.

(e) When in public service as a member, advisor, or employee of a governmental body or department, shall not participate in considerations or actions with respect to services provided by the licensee or the licensee's organization in private engineering and land surveying practices.

(f) Shall not solicit or accept an engineering or land surveying contract from a governmental body on which a principal or officer of the licensee's organization serves as a member.

(g) Shall not attempt to supplant another engineer or land surveyor in a particular employment after becoming aware that the other has been selected for the employment.

1517.8 The licensee shall solicit or accept work only based on qualifications and:

(a) Shall not offer, either directly or indirectly, to pay a commission, political contribution, gift, or any other consideration in order to secure work. Notwithstanding the foregoing, licensees are permitted to pay employment agencies fees for services rendered in securing salaried positions.

(b) Shall compete for employment based on professional qualification and competence to perform the work. The licensee shall not solicit or submit proposals for professional services containing a false, fraudulent, misleading, deceptive, or unfair statement or claim regarding the cost, quality, or extent of services to be rendered.

(c) Shall, with regard to fee bidding on public projects for the District of Columbia, comply with the provisions of 27 DCMR Chapter 26, "Construction And Architect-Engineer Contracts" and for federal projects, 40 U.S. Code 541 et seq. (the Brooks Act); and shall not knowingly cooperate in a violation of any provision of 27 DCMR Chapter 26 or of the Brooks Act.

(d) Shall not falsify or permit misrepresentation of academic or professional qualifications and shall only report educational qualifications when a degree or certificate was awarded, unless it is clearly stated that no degree or certificate was awarded. The licensee shall not misrepresent degree of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or past accomplishments with the intent and purpose of enhancing qualifications and work.

1517.9 The Licensee shall perform services in an ethical and lawful manner and:

(a) Shall not knowingly associate with or permit the use of the licensee's name or firm name in a business venture by any person or firm which the licensee knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature or is not properly licensed.

(b) If the licensee has knowledge or reason to believe that another person or firm may be in violation of any of these provisions or of D.C. Law 12-261, shall present such information to the Board in writing and shall cooperate with the Board in furnishing such further information or assistance as may be required by the Board. The licensee shall timely respond to all inquiries and correspondence from the Board and shall timely claim correspondence from the U. S. Postal Service, or other delivery service, sent to the licensee from the Board.

1517.10 A Professional Engineer or Professional Land Surveyor who has received a reprimand or civil penalty or whose professional license is revoked, suspended, denied, or surrendered because of disciplinary action by another jurisdiction shall be subject to discipline by the Board if the licensee's action constitutes a violation of D.C. Law 12-261 or the rules adopted by the Board.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1518 CONDUCT OF ADVERTISING

1518.1 The Professional Engineer or Professional Land Surveyor shall not make exaggerated, misleading, deceptive, or false statements or claims about professional qualifications, experience, or performance in brochures, correspondence, listings, or other public communications.

1518.2 The prohibitions listed in subsection 1518.1 include, but are not limited to, the use of statements containing a material misrepresentation of fact or omitting a material fact necessary to keep the statement from being misleading; statements intended or likely to create an unjustified expectation; and statements containing a prediction of future success.

1518.3 Consistent with the prohibitions set out in subsection 1518.2, the Professional Engineer or Professional Land Surveyor may advertise for recruitment of personnel.

1518.4 Consistent with the prohibitions set out in subsection 1518.2, the Professional Engineer or Professional Land Surveyor may prepare articles for the lay or technical press. Such articles shall not imply credit to the author for work performed by others.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1519 COMPLIANCE

1519.1 A person must be licensed pursuant to this chapter and the Act to practice or offer to practice engineering or land surveying in the District of Columbia, except as exempted by D.C. Official Code §47-2886.10.

1519.2 No person shall use the words "engineer," "engineering," "land surveyor," "land surveying" or any modification or derivative thereof in any form indicating or tending to indicate that he or she is licensed by the Board unless he or she possesses a valid license as a Professional Engineer or Land Surveyor issued by the Board.

1519.3 Any person presenting or attempting to use the certificate of licensure or the seal of another, or any person who shall give any false or forged evidence of any kind to the Board or any member thereof in obtaining or attempting to obtain a certificate of licensure, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired or revoked or non-existent certificate of licensure, or who shall practice or offer to practice when not qualified, or any person who falsely claims that he/she is licensed under these Rules, or any person who shall violate any of the provisions of these Rules shall be in violation of these Rules.

1519.4 Any individual licensed with this Board to perform land surveying services shall comply with the minimum standards codified for land surveys in the District of Columbia.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1520 DISCIPLINARY ACTIONS, NOTICE, AND HEARING

1520.1 A person may make a complaint to the Board regarding a licensee's conduct by contacting the Department in writing.

1520.2 The Department shall forward the written complaint to the Board and the Board shall review the complaint and decide whether to direct the Department to investigate the matter.

1520.3 The Board, after receiving an investigation report from the Department regarding a complaint alleging that a licensee violated any provision of this chapter or the Act, may vote to initiate disciplinary proceedings against a licensee. A hearing is required when the Board intends to pursue one of the following penalties:

(a) A civil fine;

(b) A written reprimand;

(c) A license suspension;

(d) A refusal to renew a license;

(e) A license revocation; or

(f) Deny a license application pursuant to the reasons set forth in section 1505.1(b) of this chapter.

1520.4 If, by majority vote, the full Board elects to refer the matter to the Office of the Attorney General to initiate disciplinary proceedings, the Board may, instead of conducting the disciplinary hearing before the full Board, elect to convene a small committee of three (3) or more Board members for the purposes of holding the disciplinary hearing and rendering a recommended decision.

1520.5 When a small committee conducts a disciplinary hearing in lieu of the full Board, the full Board must ratify the committee's recommended decision for that decision to have legal effect against the applicant or licensee.

1520.6 Notwithstanding subsections 1520.3 and 1520.4, and pursuant to D.C. Official Code § 2-1831.03(i), the Board may, by majority vote, elect to refer a disciplinary hearing to the Office of Administrative Hearings (OAH) for adjudication. If the Board elects to refer a hearing to OAH for adjudication, the Board shall abide by the applicable law and regulations governing OAH hearings, decisions, and orders, and shall only assume jurisdiction over the matter in an appellate capacity.

1520.7 When the Board elects to refer the matter to the Office of the Attorney General to initiate disciplinary proceedings, the Office of the Attorney General shall prepare a notice of hearing and shall serve the document upon the applicant or licensee personally or by certified mail no less than thirty (30) days before the hearing. If the Board has elected to have OAH conduct the hearing, the Office of the Attorney General shall comply with the notice procedures implemented by OAH as set forth in 1 DCMR Chapter 28 and 1 DCMR Chapter 29, whichever is applicable, and not the notice procedures set forth in this chapter unless otherwise required by OAH.

1520.8 The notice of hearing shall state that the Board intends to hold a hearing on the matter not less than thirty (30) days after service of the notice is made upon the licensee. The notice shall contain the following:

(a) The time, place, and nature of the hearing;

(b) A statement of legal authority and jurisdiction under which the hearing is to be held;

(c) A reference to the particular section of the statutes and rules involved; and

(d) A short and plain statement of the matters asserted.

1520.9 The notice of hearing shall indicate that the applicant or licensee shall have the right to appear with or without counsel, shall have the right to cross-examine witnesses in his or her defense, and shall have the right to produce evidence and witnesses.

1520.10 If the applicant or licensee fails or refuses to appear for the scheduled hearing and the Board has not granted a continuance, the Board may proceed with the hearing and render a decision and order.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1521 CONDUCT OF HEARINGS

1521.1 The chairperson of the Board shall preside over hearings and shall rule on all questions of evidence and procedure with the advice of the attorney advisor for the Board.

1521.2 The Board shall apply the rules of evidence governing civil matters in the Superior Court of the District of Columbia and, pursuant to D.C. Official Code § 2-509, shall exclude irrelevant, immaterial, or unduly repetitious evidence.

1521.3 Objection to evidentiary offers may be made by any party to the proceeding and objections shall be noted in the record.

1521.4 When a hearing will be expedited and the interest of the parties involved will not be prejudiced substantially, any part of the evidence may be received in written form.

1521.5 Documentary evidence may be received in the form of copies or excerpts if the original is not readily available.

1521.6 The Assistant Attorney General litigating the matter may elect to address the Board with an opening statement that may be followed by a statement from the licensee. After opening statements are made, the Assistant Attorney General litigating the matter shall present evidence to the Board. Upon the conclusion of the government's case, the licensee may present evidence to the Board. Parties may cross-examine and re-direct witnesses, and may re-examine their own witnesses if permitted to do so by the Board. Closing statements by both parties are permitted.

1521.7 The Board may take judicial notice of cognizable facts or generally recognized technical or scientific facts within the Board's specialized knowledge.

1521.8 Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed.

1521.9 The Board may utilize its experience, technical competence, and specialized knowledge in evaluating evidence.

1521.10 The record of hearing shall include:

(a) All motions, intermediate rulings, and depositions;

(b) All documentary evidence received or reviewed;

(c) A statement of matters officially noted;

(d) Offers of proof, objections, and rulings thereon;

(e) Proposed findings and exceptions;

(f) Any decision, opinion, or report by the chairperson presiding at the hearing; and

(g) All testimony and oral argument presented at the hearing that is recorded for transcription purposes.

1521.11 The Board shall issue an order within ninety (90) days of the date of the close of the hearing or the record. It shall include and shall state separately:

(a) Findings of fact that are based exclusively on the evidence and on matters officially noticed, supported by concise and explicit statements of the underlying facts supporting the findings; and

(b) Conclusions of law.

1521.12 The licensee shall be delivered a copy of the decision by hand delivery or by first class mail, postage prepaid, with return receipt requested. The attorneys of record for both parties shall be mailed a copy of the order.

1521.13 Upon an order by the Board in which the licensee is found in violation of the charges proffered, the Board may levy a civil fine not to exceed $5000.00, and/or reprimand, suspend, refuse to renew, or revoke the licensee's license.

1521.14 At its discretion, the Board may stay, permanently or temporarily, the execution of its order conditioned on any provision the Board believes appropriate under the circumstances for the case.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1522 REINSTATEMENT OF LICENSURE OR CERTIFICATION AFTER REVOCATION

1522.1 Upon petition of a former licensee, the Board may reissue a certificate of licensure or authorization if a majority of the members of the Board vote in favor of such issuance.

1522.2 The Board, for reasons it may deem sufficient, may reissue a certificate of licensure to any person whose certificate has been revoked.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1523 CONFLICT AND BIAS

1523.1 No Board member shall participate in any disciplinary proceeding where there is the appearance of a conflict of interest.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1524 PUBLIC INQUIRIES AND COMMENTS

1524.1 Members of the public may attend all public meetings of the Board and may address the Board on matters within the Board's jurisdiction.

1524.2 Members of the public that wish to speak at a public meeting shall submit a request to speak at the beginning of the meeting and indicate the topic that he or she wishes to address. The Chairperson may designate the time(s) during the meeting when members of the public may speak.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1525 DECLARATORY ORDERS

1525.1 A declaratory order is a District of Columbia agency response to a request by a member of the public who has inquired about the applicability of the Act, these rules, or any other statute enforceable by the Board, to terminate a controversy other than a contested case or to remove uncertainty regarding the application of a rule or statute to a specific factual situation.

1525.2 The Board may issue a declaratory order to a person who is affected by a statutory provision or rule and who makes a written inquiry regarding the Board's interpretation of any statutory provision or of any regulation or order of the Board.

1525.3 Sufficient facts must be supplied to the Board in the request to provide the Board with a basis for the issuance of a declaratory order and must include in detail the reasons for uncertainty as to the applicability of the Act, these rules, or other statutes enforceable by the Board or state in detail why a controversy exists.

1525.4 A request for declaratory ruling must specifically state that it is a request for a declaratory order.

1525.5 A declaratory order will be provided in accordance with the laws of the District of Columbia.

1525.6 The Board may decline to issue a declaratory order for any reason permitted by law and any decision by the Board not to issue such an order shall not be subject to review by the Mayor or any court in the District of Columbia.

1525.7 All facts set out in a request for a declaratory order shall be supported by sworn affidavit of the requestor. If the Board determines that further facts are necessary, it shall request the writer to provide those facts by written affidavit or may receive those facts by stipulation at a non-contested case fact-finding hearing.

1525.8 Any declaratory order issued by the Board shall be binding on the requestor as regards the state of facts established pursuant to subsection 1525.3. If the requestor is a licensee, failure to adhere to the decision of the Board, as set out in the declaratory order, shall subject the requestor to the issuance of a notice to show cause why he or she should not be disciplined pursuant to D.C. Official Code § 47-2853.17. If the requestor is an applicant for a license and fails to adhere to the decision of the Board, the Board shall take such steps as are necessary and authorized by law to enforce the provisions of its declaratory order.

1525.9 Any requestor who is aggrieved by a declaratory order or who disagrees with the declaratory order in any respect may appeal the order by petitioning the Board, in writing, within twenty (20) calendar days after issuance of the declaratory order, to reconsider its order, and by setting forth in detail newly discovered facts or by setting forth legal argument which shows one (1) or more errors of law in the Board's order or seeking judicial review of the Board's order as permitted under D.C. Official Code § 2-508.

1525.10 All declaratory orders of the Board determined to be in the public interest in accordance with D.C. Official Code § 2-552, shall be published in the D.C. Register and shall be available for public inspection and copying at a reasonable charge at the offices of the Board.

1525.11 Any declaratory order issued by the Board shall set out with particularity the Board's findings of fact and conclusions of law as regards the matter at issue. If the circumstances so warrant, the declaratory order may include an order by the Board to the requestor to cease and desist any practice or activity that violates applicable statutes or this subtitle.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007).

17 DCMR § 1526 CONTINUING EDUCATION REQUIREMENTS FOR RENEWAL OR REINSTATEMENT OF A LICENSE

1526.1 This section shall apply to all applicants for the renewal or reinstatement of a license to practice as a land surveyor or professional engineer, except those applicants seeking first renewal of a license granted by examination.

1526.2 An applicant for renewal of a license to practice as a land surveyor shall attest to having completed no less than twelve (12) hours of acceptable continuing professional education during the term of the license, to include the following:

No less than eight (8) hours of surveying education specific to the District of Columbia; and

At least one (1) hour on the subject of professional ethics.

1526.3 An applicant for renewal of a license to practice as a professional engineer shall attest to having completed no less than twenty (20) hours of acceptable continuing professional education, to include at least one (1) hour on the subject of professional ethics, during the term of the license.

1526.4 An applicant for reinstatement of an expired license or renewal of an inactive license to practice as a land surveyor shall attest to having completed, no more than two (2) years prior to the date of application, at least six (6) hours of credit in approved continuing education programs for each year the license was expired or inactive, up to a maximum of twenty-four (24) hours, and shall include the following:

No less than eight (8) hours of surveying education specific to the District of Columbia; and

At least one (1) hour on the subject of professional ethics.

1526.5 An applicant for reinstatement of an expired license or renewal of an inactive license to practice as a professional engineer shall attest to having completed ten (10) hours of credit in approved continuing education programs for each year the license was expired or inactive, up to a maximum of forty (40) hours, and shall include no less than one (1) hour on the subject of professional ethics. To be creditable, courses shall not have been completed more than two (2) years prior to the date of application.

1526.6 An applicant under this section shall report the completion of required continuing education credits by submitting with the renewal or reinstatement application the following information with respect to each program:

(a) The name of the sponsor of the program;

(b) The name of the program and a description of the subject matter covered;

(c) The dates on which the applicant attended the program; and

(d) The hours of credit claimed.

1526.7 A continuing education credit shall be valid only if it is part of a program approved by the Board in accordance with § 1527 of this chapter. Licensees are responsible for ensuring that continuing education courses taken to satisfy the Board’s renewal or reinstatement requirements are approved by the Board.

1526.8 An applicant for the renewal of a license who fails to complete the continuing education requirements by or before the expiration date may renew the license within sixty (60) days after expiration by completing the outstanding hours and by paying the required late fee. Any hours obtained after licensure expiration and claimed for late renewal shall not be creditable for the next renewal period. Upon renewal, the Board shall deem the applicant to have possessed a valid license during the period between the expiration of the license and its renewal.

1526.9 If an applicant for the renewal of a license fails to complete the continuing education requirements within sixty (60) days after the expiration of the applicant’s license, the license shall be deemed to have lapsed on the date of expiration, and the applicant shall be required to apply for reinstatement of the expired license pursuant to § 3308 of this title.

1526.10 The Board may grant an extension of the sixty (60) day period to renew after expiration if the applicant’s failure to complete continuing education requirements was for good cause. For purposes of this subsection, “good cause” includes proof of the following:

(a) Serious and protracted illness of the applicant, who submits a doctor’s statement verifying the illness;

(b) The death or serious and protracted illness of a member of the applicant’s immediate family, which death or illness resulted in the applicant’s inability to complete the continuing education requirements within the specified time. For the purposes of this subsection, the term “immediate family” means the applicant’s spouse and any parent, brother, sister, or child of the applicant and the spouse of any such parent, brother, sister, or child; or

(c) Active military service.

1526.11 An extension granted under this section shall not relieve an applicant from complying with the continuing education requirement for the next renewal period.

History

• SOURCE: Final Rulemaking published at 66 DCR 9806 (August 2, 2019). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 1526

17 DCMR § 1527 APPROVED CONTINUING EDUCATION PROGRAMS

1527.1 The Board, in its sole discretion, may approve continuing education programs or activities that contribute to the growth of an applicant in professional competence in the practices of land surveying and professional engineering and which meet the other requirements of this section.

1527.2 A continuing education program shall be deemed approved by the Board if the offering is approved, provided or sponsored by one of the following:

National Society of Professional Engineers (NSPE), American Society of Civil Engineers (ASCE), and any other recognized national or state society of professional engineers;

District of Columbia Association of Land Surveyors (DCALS) and any other recognized national or state society of land surveyors;

National Council of Examiners for Engineering and Surveying (NCEES);

(d) A licensing board of another jurisdiction that regulates the practice of land surveying or professional engineering;

(e) Federal or state agencies offering training in land surveying or professional engineering; and

(f) Accredited colleges and universities offering training in land surveying or professional engineering.

1527.3 The Board may grant up to six (6) hours of continuing education credits for each of the following activities, if consistent with the requirements of § 1527.1:

(a) Completion of an undergraduate or graduate course given at an accredited college or university;

(b) Performing the initial development, substantial updating, or the initial teaching of a conference program or an academic course;

(c) Authoring or editing a published book, a published chapter in a book, or a published article in a professional journal or other nationally recognized publication; or

(d) Serving on a committee or task force that addresses technical and regulatory issues related to the professional practice of land surveying or professional engineering.

History

• SOURCE: Final Rulemaking published at 66 DCR 9806 (August 2, 2019). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 1527

17 DCMR § 1528 CONTINUING EDUCATION: RECORDKEEPING AND AUDIT REQUIREMENTS

1528.1 A licensee shall be responsible for documenting his or her completion of the required continuing education, and shall bear the burden of providing satisfactory proof of completion and establishing that any program or activity for which credit is claimed merits approval in accordance with § 1527.

1528.2 A licensee shall retain course documentation for four (4) years after completing a continuing education program or activity for which credit is claimed. Acceptable documentation shall include, but is not limited to, the following:

A certificate of successful completion from the sponsor or provider which includes the following information:

(1) The name of the sponsor of the program;

(2) The name of the program and a description of the subject matter covered;

(3) The dates on which the licensee attended the program; and

(4) The hours of credit earned; and

A copy of the course outline prepared by the course sponsor;

In the case of courses taken at accredited universities and colleges, proof of satisfactory completion of the course;

In the case of licensees claiming credit for publication of a technical paper, article, or book, satisfactory proof of its publication; or

Other comparable proof deemed satisfactory by the Board.

1528.3 The Board may, as it deems appropriate, conduct an audit of active licensees to determine compliance with the continuing education requirements.

1528.4 Upon notification by the Board that a licensee has been selected for an audit, the licensee shall submit proof of his or her compliance with the continuing education requirements in accordance with § 1526 within thirty (30) days of receipt of the notice.

1528.5 A licensee who fails to provide proof of continuing education compliance during an audit may be subject to another audit in the subsequent licensure term.

1528.6 If the Board determines that the licensee has not met his or her continuing education requirement in accordance § 1526, the Board may either grant an additional period of time in which the deficiencies can be cured, or impose disciplinary action in accordance with the Act.

History

• SOURCE: Final Rulemaking published at 66 DCR 9806 (August 2, 2019). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 1528

17 DCMR § 1599 DEFINITIONS

1599.1 As used in this chapter, the following terms have the meaning ascribed:

Board - The District of Columbia Board of Professional Engineering.

Department - Unless otherwise defined, the Department of Consumer and Regulatory Affairs.

Digital Signature - An electronic authentication process attached to or logically associated with an electronic document utilizing technology that meets the National Institute of Standards and Technology (NIST) standards for security and privacy to provide the same degree of assurance and certainty as the traditional "paper and ink" method of signatures.

Director - The Director of the Department of Consumer and Regulatory Affairs.

Engineering -

(a) Engineer - A person who is qualified to practice engineering by reason of special knowledge and use of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience.

(b) Professional Engineer - A person who has been duly licensed as a professional engineer by the Board. The Board may designate a professional engineer, based on education, experience, and examination, as being licensed in a specific discipline or branch of engineering signifying the area in which the engineer has demonstrated competence.

(c) Engineer Intern - A person who has met the educational requirements, passed the required examination, and has been granted certification as an engineer intern or engineer-in-training by the Board, or a similar authority of another jurisdiction.

(d) Practice of Engineering - Any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences, provided in consultation, investigation, expert technical testimony, evaluation, planning, design and design coordination of engineering works and systems, planning the use of land, air, and water, teaching advanced engineering subjects, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications, any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, communication systems, transportation systems, and industrial or consumer products, or equipment of control systems, communications, mechanical, electrical, hydraulic, pneumatic, chemical, environmental, or thermal nature, insofar as they involve safeguarding life, health, or property, and including such other professional services as may be necessary to the planning, progress, and completion of any engineering services. Said practice includes the doing of such architectural work, as is incidental to the practice of engineering.

(e) Design coordination - The review and coordination of those technical submissions prepared by others, including as appropriate and without limitation, consulting engineers, architects, landscape architects, surveyors or land surveyors, and other professionals working under the direction of the engineer.

(f) Engineering surveys - All survey activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects, excluding the survey of real property for the establishment of land boundaries, rights-of-way, easements, configuration or contours of the Earth's surface, and the dependent or independent surveys or resurveys of the public land survey system.

(g) Consulting Engineer - A professional engineer whose principal occupation is the independent practice of engineering; whose livelihood is obtained by offering engineering services to the public; who is devoid of public, commercial, and product affiliation that might tend to imply a conflict of interest; and who is cognizant of his or her public and legal responsibilities, and is capable of discharging them.

(h) A graduate of an engineering curriculum - An individual who has been awarded a baccalaureate degree in engineering from an engineering program accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering Technology (EAC/ABET), or a program that has been approved by the Board.

Inactive Licensee - A licensee who is not engaged in engineering or land surveying practice that requires licensure in this jurisdiction may be granted inactive status. No inactive licensee may practice in this jurisdiction unless otherwise exempted in this chapter.

Land Surveying -

(a) Professional Surveyor or Land Surveyor - A person who has been duly licensed as a professional surveyor or land surveyor by the Board, and engaged in the practice of land surveying.

(b) Land Surveyor Intern - A person who has met the educational requirements, passed the required examination, and has been granted certification as a land surveyor intern by the Board, or a similar authority of another jurisdiction.

(c) Practice of Surveying or Land Surveying - Providing professional services such as consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, existing or proposed improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project. The practice of surveying or land surveying includes, but is not limited to, any one or more of the following:

1. Determining the configuration or contour of the earth's surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics or photogrammetry.

2. Performing geodetic surveying which includes surveying for determination of the size and shape of the earth utilizing angular and linear measurements through spatially oriented spherical geometry.

3. Determining, by the use of principles of surveying, the position for any survey control (non-boundary) monument or reference point; or setting, resetting, or replacing any such monument or reference point.

4. Creating, preparing, or modifying electronic or computerized data, including land information systems, and geographic information systems, relative to the performance of the activities in the above described items (1) through (3).

5. Locating, relocating, establishing, reestablishing, laying out, or retracing any property line or boundary of any tract of land or any road, right of way, easement, alignment, or elevation of any of the fixed works embraced within the practice of engineering.

6. Making any survey for the subdivision of any tract of land.

7. Determining, by the use of principles of land surveying, the position for any survey monument or reference point; or setting, resetting, or replacing any such monument or reference point.

8. Creating, preparing, or modifying electronic or computerized data, including land information systems, and geographic information systems, relative to the performance of the activities in the above described items (5) through (7).

(d) A Graduate of a Land Surveying Curriculum - An individual who has been awarded a baccalaureate degree in land surveying from a program approved by the Board.

(e) A Graduate of a Related Curriculum - An individual who has been awarded a baccalaureate degree in areas in which land surveying courses may be taught along with mathematics and the physical sciences from a program approved by the Board.

Responsible Charge - Direct control and personal supervision of engineering work or surveying or land surveying.

Rules of Professional Responsibility for Professional Engineers and Professional Surveyors or Land Surveyors - These Rules.

Seal - A symbol, image, or list of information that may be found in the form of a rubber stamp, embossed seal, computer-generated data, or other form.

Signature - A handwritten message identification containing the name of the person who applied it.

State - Any jurisdiction, territory, or possession of the United States and the District of Columbia.

Written Examination - An examination administered in any format, including paper-and-pencil or on computer.

History

• SOURCE: Final Rulemaking published at 54 DCR 8783 (September 7, 2007); as amended by Final Rulemaking published at 61 DCR 1273 (February 14, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 1599

17-16 LICENSED EMPLOYMENT SERVICES

17 DCMR § 1600 GENERAL PROVISIONS

1600.1 This chapter shall apply to employment agencies, employment counseling services, employer-paid personnel services, and job listing services as defined by the Employment Services Licensing and Regulation Act of 1984, D.C. Law 5-136, D.C. Code §36-1001 et seq. (1981), hereinafter referred to as the "Act."

1600.2 The Director may, for good cause shown, waive any of the provisions of this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is the Employment Services Licensing and Regulation Act of 1984, D.C. Law 5-136, D.C. Code § 36-1001 et seq. (1981), Mayor's Order 86-9, issued January 16, 1986, 33 DCR 942 (February 14, 1986).
• SOURCE: Final Rulemaking published at 34 DCR 3165 (May 15, 1987).

17 DCMR § 1601 LICENSE REQUIREMENTS

1601.1 A separate license shall be required for each type of employment service that is provided.

1601.2 Each license to operate an employment agency, employment counseling service, employer-paid personnel service, or a job listing service shall be issued for a period of one (1) year, beginning November 1st of each year and ending October 31st.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165 (May 15, 1987).

17 DCMR § 1602 APPLICATION FOR LICENSE

1602.1 Application for a license to operate an employment agency, employment counseling service, employer-paid personnel service, or job listing service shall be filed with the Department of Consumer and Regulatory Affairs on forms prescribed by the Director.

1602.2 Each application for a license to operate an employment agency, employment counseling service, employer-paid personnel service, or job listing service shall include a report of the financial condition of the business on a form prescribed by the Director.

1602.3 The Director shall investigate and verify the information contained in the report.

1602.4 Each application for a license to operate an employment agency or employment counseling service shall include three (3) copies of the contracts to be used in offering services to job-seekers.

1602.5 If an application proposes to provide the services of both an employment agency and an employment counseling service, three (3) copies of the contract to be used for each type of service shall be included in the application.

1602.6 The contracts submitted pursuant to §1602.4 shall be conform to the requirements of §1604 of this chapter.

1602.7 Each application for a license to operate an employment agency or employment counseling service shall include a schedule of fees to be charged to job-seekers.

1602.8 Changes in the fees shall be filed with the Department thirty (30) days prior to the date the changes are to take effect. It shall be unlawful to charge, demand, or receive a fee greater than is specified in the most recent schedule on file with the Department.

1602.9 Applications and documents required for an employment agency, employment counseling service, employer-paid personnel service, or job listing service shall be supported by a notarized statement that the information contained in the application and documents is true and correct, and shall indicate the type of license sought.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165 (May 15, 1987).

17 DCMR § 1603 PAYMENT FOR SERVICES

1603.1 Each employment agency or employment counseling service shall give to each job-seeker a numbered receipt for each payment received for services performed by the agency or service.

1603.2 Each receipt for payment shall have printed on it the following information;

(a) The name of the job-seeker;

(b) The date and amount of payment;

(c) The purpose for which the payment was made;

(d) The legible signature of the person receiving the payment; and

(e) The name and address of the employment agency of employment counseling service.

1603.3 No employment agency or employment counseling service shall charge a job-seeker in advance of the service for which payment is made.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3166 (May 15, 1987).

17 DCMR § 1604 CONTRACT REQUIREMENTS

1604.1 No employment agency or employment counseling service shall perform any service for a job-seeker until the understanding between the two (2) parties has been reduced to writing in accordance with the provisions of this section.

1604.2 The written understanding of the parties shall be incorporated into a written, dated contract which shall contain the following:

(a) The specific services to be provided;

(b) The fees charged for each service;

(c) The total fee for all services;

(d) The period of time during which the services are to be provided; and

(e) The schedule of payment of fees.

1604.3 A job-seeker shall be given the right to cancel any contract with an employment agency or employment counseling service by providing written notification to the agency or service within three (3) days of the date the contract was signed.

1604.4 If mailed, a notification of cancellation shall be timely if postmarked within three (3) days of the date the contract was signed.

1604.5 A copy of the contract shall be given to each job-seeker at the time the job-seeker signs the contract.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3167 (May 15, 1987).

17 DCMR § 1605 BONDING REQUIREMENTS

1605.1 Each bond shall be executed on a form prescribed by the Director.

1605.2 The name on the bond shall correspond exactly to the name under which the application for licensure is made.

1605.3 The effective date of a bond or any approved form of security in lieu of a bond shall correspond to the beginning of the annual license period, or as otherwise directed by the Director.

1605.4 The expiration date of a bond or any approved form of security in lieu of a bond shall extend one (1) year beyond the end of the annual license period established by the Director.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3167 (May 15, 1987).

17 DCMR § 1606 RENEWAL OF LICENSES

1606.1 License renewal applications for an employment agency, employment counseling service, employer-paid personnel service, or job listing service shall be submitted to the Director at least thirty (30) days before the expiration date of the current license.

1606.2 Renewal applications shall be granted if the following conditions are met:

(a) There are no outstanding violations of the Act or this chapter;

(b) All fines or collateral with respect to violations of the Act or this chapter have been paid;

(c) The renewal application and any required bond is approved;

(d) The applicant is in compliance with the Act, this chapter, and all other applicable laws, rules, and regulations of the District; and

(e) The license renewal fee is paid.

1606.3 Any employment agency, employment counseling service, employer-paid personnel service, or job listing service which fails to obtain a renewal of its license prior to expiration of the license shall be required to apply for a new license.

1606.4 Prior to issuance of a license under §1600.3 an employer agency, employment counseling service, employer-paid personnel service or job listing service shall pay any outstanding fines or collateral, if any, stemming from operating without a license.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3168 (May 15, 1987).

17 DCMR § 1607 LICENSE FEE

1607.1 The annual license fee for an employment agency, employment counseling service, employer-paid personnel service, or job listing service shall be zero dollars ($0).

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3168 (May 15, 1987); as amended by the Fiscal Year 2022 Budget Support Act of 2021, effective November 13, 2021 (D.C. Law 24-45; 68 DCR 010163 (October 1, 2021)). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1607

17 DCMR § 1608 CEASE AND DESIST ORDERS

1608.1 The Director may issue cease and desist orders pursuant to § 13 of the Act, D.C. Code § 36-1012 (1981), for violation of the Act.

1608.2 A written request for a hearing may be mailed, but shall not be considered timely filed unless received by the Director within fifteen (15) days of receipt of the cease and desist order.

1608.3 If a timely request for a hearing is not filed, the order of the Director to cease and desist shall be final.

1608.4 If, after a hearing, the Director determines that no violation of the Act has taken place, the Director shall rescind the order to cease and desist.

1608.5 When the Director, after investigation, believes that any provision of the Act has been violated, but that the general public has not suffered and will not suffer immediate and irreparable loss and injury, the Director shall notify the alleged violator in writing of the alleged violation.

1608.6 In the written notice with §1608.5, the Director shall inform the alleged violator of the provisions of §13(b) of the Act, D.C. Code §36-1012(b) (1981), relating to the alleged violator's right to respond to the notice and to the possible consequences of failure to respond.

1608.7 Within fifteen (15) days of receipt of this notification, the alleged violator may show cause to the Director in writing why the Director should not issue a cease and desist order. A written show cause response may be mailed, but shall not be considered timely filed unless it is received by the Director within the fifteen (15) day time limit.

1608.8 If the alleged violator fails to respond to the Director's notice of violation within the time period set forth in §1608.6, the Director may issue a cease and desist order.

1608.9 If the alleged violator's show cause response satisfies the Director that there is no basis for a cease and desist order, the Director shall terminate all proceedings against the alleged violator.

1608.10 If the alleged violator's show cause response does not satisfy the Director that there is no basis for a cease and desist order, the Director may schedule a hearing.

1608.11 The Director shall notify the alleged violator in writing by certified mail of the date, time, and location of the hearing at least five (5) days in advance of the hearing.

1608.12 If the Director determines, after the hearing, that the alleged violator has violated any provision of the Act, the Director shall issue a cease and desist order.

1608.13 If the Director determines, after the hearing, that the alleged violator has not violated any provision of the Act, the Director shall terminate all proceedings against the alleged violator.

1608.14 If the alleged violator fails to comply with a cease and desist order, the Director shall refer the matter to the Office of the Corporation Counsel of the District of Columbia for appropriate action.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3169 (May 15, 1987).

17 DCMR § 1609 DENIAL, REVOCATION, AND SUSPENSION

1609.1 The Director may suspend, revoke, deny, or refuse to renew a license pursuant to §§13 and 15 of the Act, D.C. Code §§36-1012 and 36-1014 (1981), for violations of the Act.

1609.2 Each applicant for or holder of a license, shall be afforded notice and an opportunity for a hearing prior to any action of the Director that would have one (1) or more of the following effects:

(a) Denial of a license other than for failure to meet standard application qualifications or requirements:

(b) Suspension of a license;

(c) Revocation of a license;

(d) Refusal to issue a renewal by annual registration for any cause other than failure to pay the prescribed renewal fee;

(e) Ordering restitution to a complainant for losses or expenses; or

(f) Imposition of a fine.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3170 (May 15, 1987).

17 DCMR § 1610 NOTICE OF PROPOSED ACTION

1610.1 When the Director proposes taking an action adverse to a licensee or applicant, having an effect listed in §1609.2, the Director shall first give to the licensee or applicant a written notice which shall contain at a minimum the following:

(a) What action the Director proposes to take;

(b) Why the Director proposes to take the action, stating the specific reason(s);

(c) When the Director proposes to take the action;

(d) How, when, where the affected party may file a request for a hearing;

(e) Whether or not a request for a hearing will stop the proposed action of the Director;

(f) The right of the affected party to do the following:

(1) To present evidence;

(2) To request that witnesses and documents be subpoenaed;

(3) To cross-examine adverse witnesses;

(4) To be represented by counsel of choice at no expense to the Director; and

(g) That if the affected party fails to appear for the hearing, the Director may make a final decision without a hearing.

1610.2 The notice of proposed action may be served either personally or by certified mail, return receipt requested, directed to the person concerned at the last known residence or business address as shown by the records of the Department.

1610.3 The notice shall be deemed to have been properly served upon an applicant or licensee if a copy of the notice is left at the residence of the applicant or licensee with a person over the age of sixteen (16) years who then resides at the address.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3170 (May 15, 1987).

17 DCMR § 1611 REQUEST FOR A HEARING

1611.1 A request for a hearing shall be filed in writing with the Director within fifteen (15) days of receipt of the notice of proposed action. The request shall contain at least the following:

(a) Name, address, and telephone number of the petitioner;

(b) Address and nature of the business;

(c) The proposed action or order being appealed;

(d) Date of the proposed action or order being appealed;

(e) Name and title of the person whose proposed action or order is being appealed;

(f) A statement giving the specific reasons why the petitioner believes the action or order is wrong; and

(g) If possible and available, a copy of the order or proposed action being appealed.

1611.2 A written request for a hearing may be mailed, but shall not be considered timely filed unless it is received by the Director within the fifteen (15) day time limit set forth in §1611.1.

1611.3 Within five (5) business days of receiving a timely request for a hearing, the Director shall appoint a hearing examiner to convene a hearing, hear evidence, develop proposed findings of fact and conclusions of law, and recommend a decision to the Director.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3171 (May 15, 1987).

17 DCMR § 1612 FAILURE TO REQUEST A HEARING

1612.1 If a person served with a notice of proposed action fails to request a hearing within the time and in the manner specified in §§1611.1 and 1611.2, the Director may, without a hearing, take the action proposed in the notice.

History

• SOURCE: Final Rulemaking published at 34 DCR 3172 (May 15, 1987).

17 DCMR § 1613 THE HEARING EXAMINER

1613.1 Once the hearing examiner has been appointed by the Director, that hearing examiner shall be responsible for all matters pertaining to the hearing, including but not limited to, the following:

(a) Establishing a hearing file;

(b) Setting a date, time, and place for the hearing;

(c) Conducting the hearing in a fair and impartial manner;

(d) Making proposed findings of fact and conclusions of law; and

(e) Forwarding the proposed findings of fact and conclusions of law to the Director for final decision.

1613.2 Prior to the hearing, the hearing examiner may meet with all parties, at a time certain, to ascertain whether there has been a settlement and to determine if the parties can stipulate to some of the facts and evidence so that only issues in dispute are contested at the hearing, thereby not unduly prolonging the hearing process.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3172 (May 15, 1987).

17 DCMR § 1614 NOTICE OF HEARING

1614.1 At least seven (7) days prior to the hearing, the hearing examiner shall serve written notice on all parties that a hearing has been scheduled, and shall state the following:

(a) The date, time, and place of the hearing;

(b) The name, address and telephone number of the hearing examiner; and

(c) Any other specifics, consistent with the Act or this chapter.

1614.2 The hearing shall be scheduled in not less than fifteen (15) nor more than thirty (30) days from receipt of the request for a hearing.

1614.3 The notice of hearing shall be served in conformity with the provisions of §§1610.2 and 1610.3 of this chapter.

1614.4 If a party does not appear and no continuance has been granted, the hearing examiner, having determined on the record that the party has been served with the notice of hearing as provided in this chapter, may proceed to consider the matter and render a proposed decision on the basis of the evidence available.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3173 (May 15, 1987).

17 DCMR § 1615 CONDUCT OF HEARING

1615.1 Every hearing shall be open to the public.

1615.2 In connection with any hearing held pursuant to this chapter, the hearing examiner shall have the following powers:

(a) To request the Director to appoint a representative to present the Department's case at the hearing;

(b) To administer oaths or affirmations to witnesses called to testify;

(c) To subpoena witnesses, relevant books, papers, and documents;

(d) To take testimony;

(e) To examine witnesses;

(f) To rule on motions and objections;

(g) To direct the continuance of any case;

(h) To establish a timetable for the submission of proposed findings of fact, conclusions of law, and decision by the parties; and

(i) To make proposed findings of fact and conclusions of law and to recommend a decision to the Director.

1615.3 The hearing examiner shall receive and consider any evidence or testimony. However, the hearing examiner shall exclude irrelevant, immaterial, or unduly repetitious evidence.

1615.4 In any hearing resulting from the Director's contemplated action to deny licensure, the applicant for licensure shall have the burden of satisfying the hearing examiner of the applicant's qualifications.

1615.5 In any hearing resulting from the Director's contemplated action to refuse to renew, to suspend, or to revoke a license, or to refuse to transfer or restore a license, to impose a fine, or to order restitution, the Department shall have the burden of proving that such action should be taken.

1615.6 In all hearings, a complete record shall be made of all evidence presented during the course of the hearing. Any party to the proceedings upon request shall be furnished with a copy of the record, or any part of the record, upon payment of the cost of producing or reproducing the record or part of the record.

1615.7 The hearing examiner shall take all necessary steps to insure that all Department employees who are called by a party as witnesses are present for the hearing; Provided, that the party has submitted their names and titles in writing to the hearing examiner at least three (3) business days in advance of the hearing.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3173 (May 15, 1987).

17 DCMR § 1616 FINDINGS, CONCLUSIONS, AND DECISION

1616.1 Within thirty (30) days from the date the hearing is completed or the hearing record is closed, whichever is later, the hearing examiner shall submit proposed findings of fact and conclusions of law and a recommended decision to the Director.

1616.2 The hearing examiner shall serve upon all parties a copy of the proposed findings of fact and conclusions of law and recommended decision at the same time that they are submitted to the Director. The proposed findings of fact and conclusions of law and recommended decision shall be served in accordance with §§1610.2 and 1610.3 of this chapter.

1616.3 The parties shall simultaneously be served with a notice advising that written exceptions to the proposed findings of fact and conclusions of law and recommended decision may be filed within fifteen (15) days from the date of receipt.

1616.4 The Director may permit or require the parties to present oral argument prior to rendering a final decision.

1616.5 The Director shall make a final decision within fifteen (15) business days of the filing of the exceptions or, when no exceptions are filed, within fifteen (15) business days of the expiration of the period within which exceptions may be filed.

1616.6 If the Director, after reviewing the record, disagrees with any of the proposed findings of fact or conclusions of law or the recommended decision, the Director may make new findings of fact and conclusions of law and render a final decision accordingly, or may remand the case to the hearing examiner for further proceedings.

1616.7 A final decision of the Director shall be served on the parties in accordance with §§1610.2 and 1610.3, and shall notify the aggrieved party of a right to judicial review, if any.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3174 (May 15, 1987).

17 DCMR § 1617 COMPUTATION OF TIME

1617.1 In computing any period of time specified in this chapter, calendar days shall be counted unless otherwise indicated.

1617.2 In computing any period of time specified in this chapter, the day of the act, event, or default from which the designated period of time begins to run shall not be included.

1617.3 The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.

1617.4 Whenever a party has the right or duty to act or proceed within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by first class mail, three (3) days shall be added to the prescribed period.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3175 (May 15, 1987).

17 DCMR § 1618 MOTIONS

1618.1 Except by leave of the hearing examiner during a hearing, an application for an order or other relief shall be made by written motion. A motion shall state with particularity the grounds on which it is based and shall clearly set forth the order or relief sought. If a motion is to be supported by memoranda, affidavits, or other papers, they shall be attached and served with them motion.

1618.2 A copy of each motion, opposition, reply, or other pleading filed shall be served on each party separately represented, and a certificate of service shall appear at the end of the pleading.

1618.3 Any party may file a response or opposition to a motion within seven (7) days after service of the motion but the Director or hearing examiner may shorten or extend this time. The response or opposition shall not include a motion for other affirmative relief against the moving party.

1618.4 A reply to a response or opposition may be filed within three (3) days after service of the response or opposition, but a reply shall not re-argue propositions, presented in the motion nor present matters which are not strictly in reply to the response or opposition. No further pleadings may be filed except by leave of the Director or the hearing examiner.

1618.5 A motion or other pleading shall be submitted on business size eight and one-half inches by eleven inches (8 1/2" x 11") paper. It shall contain the name and number of the case. All typing shall be double-spaced, except for footnotes and quotations, which may be single-spaced and indented. A motion or other pleadings shall be signed by the party filing it, or by the party's attorney.

1618.6 When service under §1618.2 is by mail, service shall be deemed complete upon deposit in the United States Mail with postage prepaid.

History

• SOURCE: Final Rulemaking published at 34 DCR 3165, 3176 (May 15, 1987).

17-17 ATHLETE AGENTS

17 DCMR § 1700 GENERAL PROVISIONS

1700.1 This chapter shall apply to athlete agents as defined in this chapter and D.C. Official Code §§ 47-2887 et seq. (2002 Supp.).

1700.2 Authority: The Uniform Athlete Agents Act of 2002, effective April 13, 2002 (D.C. Law 14-107; D.C. Official Code §§ 47-2887 et seq. (2002 Supp.)) and Mayor's Order 2003-61, dated May 16, 2003.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1701 REGISTRATION AS ATHLETE AGENT REQUIRED; VOID CONTRACTS

1701.1 Except as otherwise provided in § 1701.4, individuals are not permitted to act as an athlete agent in the District of Columbia without holding a certificate of registration.

1701.2 To qualify for registration an athlete agent applicant shall:

(a) Be at least eighteen (18) years of age;

(b) Shall not have been convicted of an offense which bears directly on the fitness of the person to be licensed;

(c) Shall satisfy the qualifications described within the Act and these regulations; and

(d) Shall register by the appropriate methods, described in §§ 1702.3 and 1702.4 of this chapter.

1701.3 The applicant shall pay the appropriate fee as set forth in § 1705 of this chapter and submit a signed District of Columbia Athlete Agent application that shall be provided by the Director.

1701.4 An initial or renewal athlete agent application to the District of Columbia not based upon an application filed in another jurisdiction shall contain the following information plus any additional relevant information that the Director requests on the application or in correspondence mailed after receipt of the application:

(a) The name of the applicant and the address of the applicant's principal place of business;

(b) The name of the applicant's business or employer, if applicable;

(c) Any business or occupation engaged in by the applicant for the five (5) years next preceding the date of submission of the application;

(d) A description of the following:

(1) The applicant's formal training as an athlete agent;

(2) The applicant's practical experience as an athlete agent; and

(3) The applicant's educational background relating to the applicant's activities as an athlete agent;

(e) The names and addresses of three (3) individuals not related to the applicant who are willing to serve as references;

(f) The name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five (5) years next preceding the date of submission of the application;

(g) The names and addresses of the following persons who are:

(1) With respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit-shares of the business; and

(2) With respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent (5%) or greater;

(h) Whether the applicant or any person named pursuant to paragraph (g) of this subsection has been convicted of a crime that, if committed in the District of Columbia, would be a crime involving moral turpitude or a felony, and identify the crime;

(i) Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (g) of this subsection has made a false, misleading, deceptive, or fraudulent representation;

(j) Any instance in which the conduct of the applicant or any person named pursuant to paragraph (g) of this subsection resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution;

(k) Any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (g) of this subsection arising out of occupational or professional conduct; and

(l) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the applicant or any person named pursuant to paragraph (g) of this subsection as an athlete agent in any State.

1701.5 If applying for licensure by reciprocity the applicant shall complete the basic application, pay the applicable fee that is set forth in § 1705 of this chapter, and submit a signed, notarized copy of a completed application, and a notarized copy of a certificate, registration, or license that has been submitted to or obtained from another State instead of submitting an application in the form prescribed pursuant to subsection (a) of this section. The Mayor shall accept the application and the certificate from the other State as an application for registration in the District of Columbia if the application to the other State meets the following qualifications:

(a) Was submitted in the other State within the six (6) months preceding the submission of the application in the District of Columbia and the applicant certifies that the information contained in the application is current;

(b) Contains information substantially similar to or more comprehensive than that required in an application submitted in the District of Columbia; and

(c) Was signed by the applicant under penalty of perjury.

1701.6 An individual may act as an athlete agent in the District of Columbia without holding a certificate of registration for all purposes except signing an agency contract as follows:

(a) Before an athlete agent is issued a certificate of registration a student-athlete or another person acting on behalf of a student-athlete initiates communication with the individual; and

(b) Within seven (7) days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in the District of Columbia.

1701.7 An agency contract resulting from conduct that violates § 1702.4 of this chapter is void and an athlete agent shall return any consideration received under the contract.

1701.8 The Director shall issue a certificate to an individual that complies with the registration requirements of this chapter. The certificate issued by the Director shall be conspicuously posted in the athlete agent's place of business and made available for inspection by the Director upon request.

1701.9 The Director may refuse to issue or renew a certificate of registration if the Director determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the Director may consider whether the applicant:

(a) Has been convicted of a crime involving moral turpitude;

(b) Made a materially false, misleading, deceptive, or fraudulent misrepresentation in the application as an athlete agent;

(c) Engaged in conduct that would disqualify the athlete agent from serving in a fiduciary capacity;

(d) Engaged in conduct prohibited by D.C. Official Code § 47-2887.13 (2002 Supp.);

(e) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any State;

(f) Engaged in conduct resulting in a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event being imposed on a student-athlete or educational institution; or

(g) Engaged in conduct that significantly adversely reflects an applicant's credibility, honesty, or integrity.

1701.10 In making any determination under § 1701.8 the Director shall consider:

(a) How recently the conduct occurred;

(b) The nature of the conduct and the context in which it occurred; and

(c) Any other relevant conduct of the applicant.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1702 RENEWAL OF REGISTRATION AND LICENSURE

1702.1 An athlete agent may apply to renew a registration by submitting an application for renewal. The applicant must sign the application under the penalty of perjury and must contain all matters required in the original registration.

1702.2 An applicant for renewal who is also registered, certified, or licensed in another jurisdiction and has submitted a renewal application in another State may, instead of submitting an application for renewal provided for by § 1701.1 of this chapter, submit a basic District of Columbia renewal application, a notarized copy of the other State's renewal application and a valid certificate of licensure from the other State if:

(a) The renewal application was submitted in the other State within the six (6) months preceding the filing of the renewal application in the District of Columbia;

(b) The information contained in the renewal application is substantially similar to that required by the District of Columbia application; and

(c) The renewal application for the other jurisdiction was signed by the applicant under the penalty of perjury.

1702.3 A certificate of registration or a renewal is valid for two (2) years or as otherwise provided in § 1702.4.

1702.4 The Director may change the renewal system to a system whereby a license expires on the last day of the month on the birth date of the applicant or the holder of the registration, or to another system, for the administrative convenience of the Director. The initial registration will be valid for the balance of the current renewal cycle. The Director will mail a renewal notice to the registrant three (3) months before the expiration date of the holder's current registration.

1702.5 If the Director changes the renewal system under § 1702.4, in order to permit an orderly transition, the term of a license that is in effect on the date of the Director's determination may be extended up to three (3) years.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1703 SUSPENSION, REVOCATION, OR REFUSAL TO RENEW REGISTRATION

1703.1 The Director may deny, suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under § 1701.8 of this chapter.

1703.2 The Director may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing, except where the suspension or revocation is of a temporary registration.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1704 TEMPORARY REGISTRATION

1704.1 The Director may issue a temporary certificate of registration to an applicant while an application for registration or renewal of registration is pending review.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1705 REGISTRATION AND RENEWAL FEES

1705.1 The appropriate fee as established by the Director must accompany an application for registration or renewal.

Athlete Agent Registration Fee Schedule (2003)

(a) Initial Registration - four hundred dollars ($400);

(b) Renewal of Registration - four hundred dollars ($400);

(c) Application based upon initial application of another State - four hundred dollars ($400);

(d) Application based upon renewal application of another State - four hundred dollars ($400); and

(e) Application fee to be included with the registration fees listed in (a) through (d) above - one hundred dollars ($100).

1705.3 The Director may amend these fees via the fee schedule located in Chapter 35 of this title.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1706 REQUIRED FORM OF CONTRACT

1706.1 An agency contract must be in writing and signed or otherwise authenticated by the parties.

1706.2 An agency contract must state or contain the following:

(a) The amount and method of calculating the consideration to be paid by the student- athlete for services to be provided by the athlete under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;

(b) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract;

(c) A description of any expenses that the student-athlete agrees to reimburse;

(d) A description of the services to be provided to the student-athlete;

(e) The duration of the contract; and

(f) The date of execution.

1706.3 An agency contract must contain, in close proximity to the signature of the student- athlete, a conspicuous notice in boldface type in capital letters stating the following:

"WARNING TO STUDENT-ATHLETE IF YOU SIGN THIS CONTRACT:

YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;

IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTERENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND

YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY."

1706.4 An agency contract that does not conform to this section is voidable by the student- athlete. If a student-athlete voids an agency contract, the student-athlete is not required to pay any consideration under the contract or return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.

1706.5 The athlete agent shall give an original copy of the signed or otherwise authenticated agency contract to the student-athlete when it is executed.

1706.6 The use of electronic signatures in agency contracts is permitted only if the electronic signature complies with D.C. Official Code § 47-2887.18 (2002 Supp.).

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1707 NOTICE TO EDUCATIONAL INSTITUTION

1707.1 Within seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall notify, in writing, the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll about the existence of the agency contract.

1707.2 Within seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall inform the athletic director of the educational institution at which the student-athlete is enrolled that he or she has entered into an agency contract.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1708 STUDENT-ATHLETE'S RIGHT TO CANCEL

1708.1 A student-athlete may cancel an agency contract by giving written notice of the cancellation to the athlete agent in a record within fourteen (14) days after the contract is signed.

1708.2 A student-athlete may not waive the right to cancel an agency contract.

1708.3 If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete-agent to induce the student-athlete to sign the contract.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1709 REQUIRED RECORDS

1709.1 An athlete agent shall retain the following records for a period of five (5) years:

(a) The name and address of each individual represented by the athlete agent;

(b) Any agency contract entered into by the athlete agent; and

(c) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.

1709.2 Records retained pursuant to § 1709.1 must be made available for inspection, upon request, by the Director during the normal business hours of the Department of Consumer and Regulatory Affairs.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1710 PROHIBITED CONDUCT

1710.1 An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not:

(a) Give any materially false or misleading information or make a materially false promise or representation;

(b) Furnish anything of value to a student-athlete before the student athlete enters into the agency contract; or

(c) Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.

1710.2 An athlete agent may not intentionally:

(a) Initiate contact with a student-athlete unless registered under this chapter;

(b) Refuse or fail to retain or permit inspection of the records required to be retained under § 1710;

(c) Fail to register when required under § 1701 of this chapter;

(d) Provide materially false or misleading information in an application for registration or renewal of registration;

(e) Predate or postdate an agency contract; or

(f) Fail to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student- athlete in that sport.

1710.3 An athlete agent that violates the provisions of this section shall be subject to discipline under §§ 1712 and 1713 of this chapter, in addition to those penalties and procedures detailed in Chapter 33 of Title 17 DCMR.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1711 ENFORCEMENT; CRIMINAL PENALTIES; PROSECUTION BY THE CORPORATION COUNSEL

1711.1 An athlete agent that violates § 1710 of this chapter is guilty of a misdemeanor and, upon conviction, is punishable by maximum fine of ten thousand dollars ($10,000) or imprisonment for six (6) months, or both. The Corporation Counsel shall prosecute violations of § 1711 in the name of the District of Columbia.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1712 CIVIL REMEDIES

1712.1 Educational Institutions have a private right of action against an athlete agent or a former student-athlete for damages caused by a violation of this chapter. In any action under this section, the court may award to the prevailing party costs and reasonable attorney's fees.

1712.2 Damages of an Educational Institution under § 1713.1 of this chapter include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this part or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.

1712.3 A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete.

1712.4 Liability of the athlete agent or the former student-athlete under this section is several and not joint.

1712.5 This section does not restrict rights, remedies, or defenses of any person under law or equity.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1713 ADMINISTRATIVE PENALTIES

1713.1 The Director may issue a reprimand and/or assess a civil penalty against an athlete agent not to exceed twenty five thousand dollars ($25,000) per occurrence for violations of this chapter.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1714 AGENT FOR SERVICE OF PROCESS

1714.1 By acting as an athlete agent in the District of Columbia, a nonresident individual consents to the jurisdiction of the courts of the District of Columbia and appoints the Director as the individual's agent for service of process in any civil action in the District of Columbia related to the individual's acting as an athlete agent in the District of Columbia.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1715 REFERRAL FOR PROSECUTION OF PERSONS COMMITTING CERTAIN OFFENSES

1715.1 A District employee shall inform the Director if the employee has good cause to believe that a person has committed one of the following offenses in connection with an application for a registration under this chapter:

(a) Willfully making a false statement of a material fact under oath at a hearing or other proceeding which the person does not believe is true and in fact is not true in violation of D.C. Official Code § 22-2402 (perjury);

(b) Willfully procuring another to commit perjury in violation of D.C. Official Code § 22-2403 (subornation of perjury);

(c) Willfully making a false statement of a material fact on an application or other official document that was sworn to before a notary public in violation of D.C. Official Code § 22-2404 (False swearing); or

(d) Willfully making a false statement in writing of a material fact which statement could reasonably be expected to be relied upon as true in violation of D.C. Official Code § 22-2405 (False statements).

1715.2 If the Director determines that there is good cause to believe that a person committed one of the offenses listed in § 1715.1, the Director may refer the matter to the appropriate official for prosecution.

1715.3 All application forms for a registration under this title shall contain a notice stating in substance the following: "The making of a false statement on this application or on documents required by this application is punishable by criminal penalties."

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1716 COMPLAINTS: INVESTIGATIONS

1716.1 The Director, upon the receipt of a complaint submitted in accordance with § 1716.2, shall investigate a registrant if the facts alleged in the complaint, if proven, would constitute sufficient grounds for disciplinary action.

1716.2 A person who desires to file a complaint against a registrant shall do the following:

(a) Submit the complaint in writing;

(b) State the facts or circumstances that form the basis of the complaint;

(c) Sign the complaint and state the complainant's name and address; and

(d) Mail or deliver the complaint to the Director.

1716.3 Nothing in § 1716.2 precludes the Director from investigating a registrant based on information obtained from an individual who does not file a complaint in accordance with that subsection.

1716.4 The Director may request a registrant under investigation to respond in writing to any allegations. If the Director requests a response, the Director shall inform the registrant of the following:

(a) That the registrant is not required to respond to the request;

(b) That a copy of any response may be sent to the complainant, if any;

(c) That the failure to respond will not be held against the registrant in any subsequent action based on the investigation; and

(d) That any response may be used against the registrant in a subsequent action.

1716.5 If the Director receives a written response from a registrant requested pursuant to § 1716.4, he or she may send a copy of the response to the complainant and request a written reply within a time period determined by the Director.

1716.6 After considering the facts of a particular case, the complaint, if any, and any response thereof, the Director shall take one of the following actions:

(a) Refer the complaint to the Office of Investigations and Enforcement for investigation;

(b) Issue a notice of intended action in accordance with § 1717 of this chapter;

(c) Request that the registrant attend a settlement conference in accordance with § 1724 of this chapter; or

(d) Dismiss the complaint

1716.7 If the Director dismisses a complaint, it shall give the complainant notice in writing, sent by first class mail, of the dismissal of the complaint within ten (10) days of the action.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1717 NOTICE OF INTENDED ACTION AND OPPORTUNITY FOR A HEARING

1717.1 The Director shall give the holder of the registration, or applicant for a registration (except a temporary registration), or a person possessing a privilege to act as an Athlete Agent in the District, notice of and an opportunity for a hearing before a Hearing Examiner if the effect of the action would be one of the following:

(a) To revoke a registration;

(b) To suspend a registration;

(c) To reprimand the holder of a registration;

(d) To impose a civil fine;

(e) To require a course of remediation;

(f) To require a period of probation; or

(g) To refuse to renew a registration for any cause other than failure to pay the required renewal fee.

1717.2 If the Director proposes to take an action of the type set forth in § 1717.1 it shall give written notice to the respondent containing the following:

(a) A statement that the Director has sufficient evidence, setting forth the nature of the evidence, which, if not explained, justifies taking the proposed action;

(b) One of the following statements:

(1) That the Director may take the proposed action, unless the respondent requests a hearing before a Hearing Examiner, as defined in § 1729 of this chapter, by a letter addressed to the Director, sent by certified mail or delivered in person, within twenty (20) days after service of the notice, and that the Director may take the proposed action if the respondent fails to appear at the scheduled hearing; or

(2) That the Director has scheduled a hearing on the proposed action, setting forth the date, time, and place of the hearing, and that the Director may take the proposed action if the respondent fails to appear at the hearing; and

(c) A description of the rights of the respondent at a hearing as specified in § 1725 of this chapter.

1717.3 Subject to § 1717.1, the Director shall give an applicant for a registration (other than a temporary registration) notice of and an opportunity for a hearing before a Hearing Examiner if the effect of the action would be to deny a registration.

1717.4 An applicant shall not be entitled to notice of or an opportunity for a hearing before a Hearing Examiner if the denial of the registration is based solely on the applicant's failure to meet qualifications over which the Director has no discretion, including the following:

(a) Failure to meet a minimum age requirement; and

(b) Failure to meet an educational or experience requirement where the acceptability of the educational program or quality of the experience is not an issue.

1717.5 If the Director proposes to take an action of the type specified in § 1717.3, it shall give written notice to the respondent containing the following:

(a) A statement that the respondent has failed to satisfy the Director as to the respondent's qualifications to be approved for registration;

(b) A statement that specifies in what respect the respondent has failed to satisfy the Director;

(c) One of the following statements:

(1) That the Director may take the proposed action, unless the respondent requests a hearing before a Hearing Examiner by a letter addressed to the Director, sent by certified mail or delivered in person, within twenty (20) days after service of the notice, and that the Director may take the proposed action if the respondent fails to appear at a scheduled hearing; or

(2) That the Director has scheduled a hearing on the proposed action, setting forth the date, time, and place of the hearing, and that the Director may take the proposed action if the respondent fails to appear at the hearing; and

(d) A description of the rights of the respondent at a hearing as specified in § 1725 of this chapter.

1717.6 A notice given pursuant to § 1717.2 shall be in the form of charges and specifications. A notice given pursuant to § 1717.5 shall be in the form of a notice of intent to deny in letter format.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1718 FAILURE TO REQUEST A HEARING OR FAILURE TO APPEAR

1718.1 If a respondent who was sent a notice of a proposed action pursuant to § 1717 of this chapter does not mail or deliver a request for a hearing within the time and in the manner required under that section, the Director may, without a hearing, take the action contemplated in the notice.

1718.2 If a respondent scheduled for a hearing does not appear for the hearing, and no continuance has been granted, the Hearing Examiner may receive evidence and hear testimony and may render a decision based on evidence presented at the hearing.

1718.3 The Hearing Examiner may, before rendering a decision, upon written request of the respondent and payment of the required fee, send a copy of the transcript or summary of the hearing to the respondent and request proposed findings of fact and conclusions of law from the respondent.

1718.4 The Hearing Examiner shall inform the parties of an action taken under this section.

1718.5 A decision of a Hearing Examiner shall be supported by substantial, reliable, and probative evidence pursuant to D.C. Official Code § 2-509(c).

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1719 HEARING NOTICE PROCEDURES

1719.1 If a respondent requests a hearing, the Director shall, within twenty (20) days following receipt of the request, notify the respondent of the date, time, and place of the hearing.

1719.2 The Director shall hold the hearing not less than twenty (20) days following the date of service of the notice unless the Director and all of the parties agree to the holding of the hearing at an earlier date.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1720 SERVICE

1720.1 A notice, pleading, order, or decision required by this chapter to be served on a respondent shall be served on the respondent or representative designated by the respondent or by law to receive service of papers. If a respondent has appeared through counsel, service shall be made upon the counsel of record.

1720.2 Service on a respondent shall be directed to the last known address of the respondent on file with the Director and shall be completed by one of the following:

(a) By certified mail, return receipt requested;

(b) By personal delivery;

(c) By delivery to the address of respondent, or respondent's counsel or agent, on file with the Department, by leaving it at that address with a person of suitable discretion at least sixteen (16) years of age who is employed or resides at that address; or

(d) In conformity with an order of the Director.

1720.3 Service on the Director or the Corporation Counsel shall be directed to the appropriate office and shall be completed by one of the following methods:

(a) By certified mail, return receipt requested; or

(b) By personal delivery.

1720.4 Proof of service, stating the name and address of the person on whom service is made and the manner and date of service, shall be shown by one of the following methods:

(a) If service was effected by certified mail, the return receipt indicating that the document was accepted, refused, or returned unclaimed;

(b) If service was effected by personal delivery, the certificate of the server indicating that the document was accepted or refused; or

(c) If service was effected pursuant to an order of the Director, in the manner provided in that order.

1720.5 The date and time of service shall be established as follows:

(a) If service is effected by certified mail, it shall be considered to have been served on the date and time shown on the return receipt that the document was accepted, refused, or returned unclaimed;

(b) If service was effected by personal delivery, it shall be considered to have been served on the date and time on the certificate of service indicating that the document was accepted or refused; or

(c) If service was effected pursuant to an order of the Director, it shall be considered to have been served on a date and at a time as provided in that order.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1721 REPRESENTATION

1721.1 A respondent may be represented by an attorney who is an active member of the District of Columbia Bar.

1721.2 In a particular case, the Director or the Hearing Examiner may permit an attorney who is an active member of the Bar of another jurisdiction of the United States to represent a respondent.

1721.3 If it appears to the Director or a Hearing Examiner that the issues or facts in a matter before it are so complex that the interests of justice, saving time, or facilitating the preparation of an adequate record would be served by the representation of a party by an attorney, the Director or Hearing Examiner may urge, but not require, that the party obtain the services of an attorney and may allow that party a reasonable period of time within which to do so.

1721.4 An attorney shall not participate in a representative capacity in any hearing conducted by a Hearing Examiner until the attorney submits to the Hearing Examiner a signed statement containing the attorney's name, street address, telephone number, and bar number.

1721.5 An attorney authorized to appear pursuant to this section may sign any paper required or permitted to be filed by this chapter.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1722 SUBPOENAS

1722.1 The Mayor, Corporation Counsel, or Director may issue subpoenas to compel witnesses to appear and testify and for any material that is relevant to the administration of this chapter.

1722.2 Subpoenas shall be issued in the name of the Mayor of the District of Columbia or the Director and all witnesses compelled to appear shall be entitled to a reasonable fee established by the Director.

1722.3 The fee may not be paid to witnesses in advance of their appearance.

1722.4 In the case of contumacy by or refusal to obey a subpoena issued under this chapter by the Mayor, Corporation Counsel, or the Director to any person, the Mayor, Corporation Counsel, or Director may refer the matter to the Superior Court of the District of Columbia and request an order by that court to require the witness to appear and give testimony or produce materials.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1723 MOTIONS AND OTHER PLEADINGS

1723.1 Except by leave of the Hearing Examiner during a hearing, an application for an order or other relief shall be made by written motion. A motion shall state with particularity the grounds on which it is based and shall clearly set forth the order or relief sought. If a motion is to be supported by memoranda, affidavits, or other papers, they shall be attached and served with the motion.

1723.2 A copy of each motion, opposition, reply, or other pleading filed shall be served on each party separately represented, and a certificate of service shall appear at the end of the pleading showing the date and method of service.

1723.3 Any party may file a response or opposition to a motion within ten (10) days after service of the motion but the Hearing Examiner may shorten or extend this time. The response or opposition shall not include a motion for other affirmative relief against the moving party.

1723.4 A reply to a response or opposition may be filed within three (3) days after service of the response or opposition, but a reply shall not re-argue propositions, presented in the motion nor present matters which are not strictly in reply to the response or opposition. No further pleadings may be filed except by leave of the Hearing Examiner.

1723.5 A motion or other pleading shall meet the following additional requirements:

(a) It shall be submitted on business size eight and one-half inches by eleven inch paper;

(b) It shall contain the name and number of the case, if any;

(c) It shall be double-spaced, except footnotes and quotations, which may be single- spaced;

(d) It shall be signed by the party on whose behalf it is filed or by that party's counsel; and

(e) It shall be accompanied by an additional copy unless the Hearing Examiner permits the parties to file a lesser number of copies.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1724 SETTLEMENT CONFERENCES

1724.1 The Director may, in his or her discretion, request a respondent against whom an action is proposed to attend a settlement conference.

1724.2 The parties may agree to hold a settlement conference.

1724.3 If a respondent agrees to attend a settlement conference, The Director shall notify the parties of the date, time, and place of the settlement conference.

1724.4 The Director may designate a member of a board, its counsel, or an employee of the Department to participate in a settlement conference on behalf of the Department.

1724.5 The parties at a settlement conference may enter into a negotiated settlement or consent decree that is binding on all parties if the Director approves the settlement or consent decree.

1724.6 If the Director accepts part, but not all, of the proposed negotiated settlement or consent decree, it may request the respondent to attend another settlement conference.

1724.7 A respondent who agrees to a negotiated settlement or consent decree that is approved by the Director shall waive all of the respondent's rights of appeal or reconsideration under the Administrative Procedure Act and these rules.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1725 CONDUCT OF HEARINGS

1725.1 Hearings shall be open to the public.

1725.2 In connection with any hearing held pursuant to this chapter, the Hearing Examiner shall have the following powers:

(a) To request the Director appoint a representative to present the Department's case at the hearing;

(b) To administer oaths or affirmations to witnesses called to testify;

(c) To subpoena witnesses, relevant books, papers, and documents;

(d) To take testimony;

(e) To examine witnesses;

(f) To rule on motions and objections;

(g) To direct the continuance of any case pursuant to this section;

(h) To establish a timetable for the submission of proposed findings of facts, conclusions of law, and decision by parties;

(i) To make proposed findings of fact and conclusions of law and to recommend a decision to the Director;

(j) To impose sanctions for infractions under this chapter, including monetary fines, penalties, and hearing and inspection costs;

(k) To suspend permits or licenses for the purpose of the enforcement of monetary fines, penalties, or hearing and inspection costs;

(l) Permitting the payment of monetary fines, penalties, and hearing and inspection costs in excess of one hundred dollars ($100) in monthly installments over a period not to exceed six (6) months and allowing a fee of one percent (1%) per month of the outstanding amount owed by a respondent for the installment service;

(m) Suspending all or part of any fine or penalty imposed on grounds of past compliance or past good faith attempts to comply with applicable laws and regulations, or upon condition that the respondent correct the infraction by a date certain; and

(n) Sealing the premises where the conduct that is the basis of the citation occurred to enforce orders requiring the payment of monetary fines, penalties, or hearing and inspection costs.

1725.3 A respondent entitled to a hearing has the following rights:

(a) To be represented by an attorney in accordance with § 1721 of this chapter;

(b) To present all relevant evidence by witnesses and books, papers, and other means;

(c) To examine all opposing witnesses on any matter relevant to the issues; and

(d) To have subpoenas issued to compel the attendance of witnesses and the production of relevant books, papers, and other evidence, upon making a written request to the Director.

1725.4 A Hearing Examiner may, grant or deny a motion for a continuance, and shall deny a motion for a continuance unless the motion:

(a) In the opinion of the Hearing Examiner, set forth good cause for a continuance; and

(b) Is filed at least two (2) business days before the date on which the hearing is to be held, except for extraordinary and unforeseen reasons such as the sudden illness of a party or a party's counsel.

1725.5 Conflicting engagements of counsel, absence of counsel, or the employment of new counsel may be considered to constitute good cause for a continuance of a hearing only if set forth in a motion filed promptly after notice of the hearing has been given.

1725.6 After a hearing, and within time limits established by the Hearing Examiner, the parties may submit proposed findings of fact, conclusions of law, and order, and may submit memoranda of law on issues of law arising during the hearing.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1726 EVIDENCE AT THE HEARING

1726.1 All testimony at a hearing before a Hearing Examiner shall be under oath or affirmation.

1726.2 If any part of the record in any other proceeding previously held before a Hearing Examiner, or part of the record in any criminal or civil action, including hearings before any administrative agency, is offered in evidence, a certified true copy of that part shall be presented to the Director in the form of an exhibit, unless either of the following requirements is satisfied:

(a) The record is specified in such manner as to be readily identified, and the person offering the record agrees to supply copies later or when required by the Director; or

(b) There is a stipulation that the record may be incorporated by reference and the Director orders that incorporation.

1726.3 A Hearing Examiner shall exclude irrelevant, immaterial, and unduly repetitious evidence.

1726.4 A Hearing Examiner may take official notice, at the request of a party or on its own motion, of the following:

(a) The law and rules of the District of Columbia, the United States, or any state or other jurisdiction of the United States;

(b) Material facts in the official files of a board, the Department, or other District of Columbia or federal agency; or

(c) A fact that is not subject to reasonable dispute in that it is generally known within the District of Columbia or is capable of accurate and ready determination by resort to resources the accuracy of which cannot reasonably be requested.

1726.5 If a Hearing Examiner takes official notice of a material fact not appearing in the evidence in the record, it shall give a party the opportunity to show the contrary at the hearing or on motion made within five (5) days after the hearing.

1726.6 The parties may, by stipulation in writing filed with a Hearing Examiner, agree on the facts or any portion thereof involved in a hearing. The parties may stipulate to the testimony that would be given by a witness if the witness were present.

1726.7 The Hearing Examiner may require additional evidence concerning any matter covered by a stipulation.

1726.8 The Director shall take all necessary steps to insure that all department employees who are called by a party as a witness are present at the hearing; provided, that the party has submitted their names and titles in writing to the Hearing Examiner at least three (3) business days in advance of the hearing.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1727 BURDEN OF PROOF

1727.1 In a hearing resulting from a proposed action under § 1717.1 of this chapter, the District shall have the burden of proving, by a preponderance of the evidence, that the action should be taken.

1727.2 In a hearing resulting from a proposed action under § 1717.3 of this chapter, the applicant shall have the burden of proving, by a preponderance of the evidence, that the applicant is qualified to be licensed or certified.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1728 CONDUCT OF PARTIES AND COUNSEL AT THE HEARING

1728.1 The parties at a hearing shall maintain decorum and good order at all time. A Hearing Examiner may exclude or have removed from the hearing room any person violating an order of the Hearing Examiner.

1728.2 The Hearing Examiner, Director, or board may bar counsel from further participation in a hearing for disruptive conduct.

1728.3 If counsel has been barred from participating in a hearing, a Hearing Examiner may proceed with the hearing if consistent with the due process rights of the parties. Otherwise, the Hearing Examiner shall adjourn the hearing to give the party whose counsel has been barred an opportunity to secure new representation expeditiously.

1728.4 A counsel who has been barred from participating in a hearing may seek, and a Hearing Examiner may grant, reinstatement to participate in the hearing on terms as the Hearing Examiner prescribes. The Hearing Examiner shall not permit a reinstatement application to delay the proceedings.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1729 THE HEARING EXAMINER

1729.1 The Director shall appoint an Administrative Law Judge, attorney examiner, or Hearing Examiner to conduct a hearing pursuant to § 103(c) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.03).

1729.2 The Hearing Examiner conducting a hearing has all of the powers and duties enumerated in § 1725 of this chapter.

1729.3 The Hearing Examiner, upon being appointed by the Director, shall be responsible for all matters pertaining to the hearing, including but not limited to the following:

(a) Establishing a hearing file;

(b) Setting a date, time, and place for the hearing;

(c) Conducting the hearing in a fair and impartial manner;

(d) Making proposed findings of fact and conclusions of law; and

(e) Forwarding the proposed findings of fact and conclusions of law to the Director for final decision.

1729.4 After hearing the evidence, a Hearing Examiner shall, within forty-five (45) days of the hearing, submit a recommended decision to the Director. At the same time, the Hearing Examiner shall serve the respondent with a copy of the decision and send a copy of the decision to the Corporation Counsel.

1729.5 A decision of a Hearing Examiner adverse to a respondent shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based on the findings of fact and application of the laws; and

(c) A recommended order.

1729.6 The Director may accept or reject the recommended decision of a Hearing Examiner in whole or in part.

1729.7 Except as provided in § 1729.8, the Director, within thirty (30) days of the recommended decision of the Hearing Examiner, shall render a decision and notify the respondent and the Corporation Counsel of the action.

1729.8 If the decision of a Hearing Examiner is adverse to the respondent, the Hearing Examiner, before issuing a final decision, shall serve the respondent with a copy of a proposed decision and give the respondent an opportunity to file exceptions, and written argument in support thereof, with the Director within ten (10) days of the date of service.

1729.9 The Hearing Examiner shall consider any exceptions and argument filed by a respondent pursuant to § 1729.8 in issuing a final decision. If the respondent does not file exceptions within the required period, the proposed decision of the Hearing Examiner shall become the final decision of the Hearing Examiner.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1730 RECORD OF A HEARING

1730.1 In a hearing conducted pursuant to this chapter, a Hearing Examiner shall make a complete record of all evidence presented during a hearing.

1730.2 A Hearing Examiner shall make a transcript of a hearing on a proposed action specified in § 1717.1 of this chapter, unless the parties agree not to have a transcript made.

1730.3 A Hearing Examiner may make a transcript of a hearing on a proposed action specified in § 1717.3 of this chapter, and shall make a transcript upon written request of a party made at least five (5) days before the hearing.

1730.4 If a Hearing Examiner does not make a transcript of the hearing, it shall make an electronic recording of the hearing.

1730.5 A Hearing Examiner shall provide a copy of an approved transcript or recording of a hearing to any person requesting it, upon payment of the required fee.

1730.6 A party may move to correct a transcript by filing a motion with a Hearing Examiner within ten (10) days of receipt of the transcript. If no opposition to the motion is filed, the transcript may, upon approval by the Hearing Examiner, be changed to reflect the corrections.

1730.7 In the event of disputes with respect to the record, the Hearing Examiner shall settle the record and rule on all contested motions to correct the record.

17 DCMR § 1731 RECONSIDERATION

1731.1 A respondent may file with a Hearing Examiner a petition for reconsideration or reopening a hearing within fifteen (15) days after the date of the service of the decision on that party. The petitioner shall serve a copy of the petition on each party.

1731.2 Neither the filing nor the granting of a petition shall operate as a stay of a decision unless specifically ordered by the Hearing Examiner. A Hearing Examiner may grant a stay only upon good cause involving consideration of the likelihood of decisional error, irreparable harm to the petitioning party, the harm to other parties, and the public interest.

1731.3 A petition shall state briefly and specifically the following:

(a) In the case of a motion for a reconsideration, the matters of record or points of law alleged to have been erroneously decided or overlooked;

(b) In the case of a motion to reopen a hearing, the reasons that respondent failed to appear at a hearing;

(c) The grounds relied upon; and

(d) The relief sought.

1731.4 If a petition is based in whole or in part on new matter, the matter shall be set forth in an affidavit, containing a statement that the petitioner could not with due diligence have known or have discovered the new matter prior to the hearing before the Director.

1731.5 A Hearing Examiner may, in its discretion, permit or require oral argument upon a petition before the Hearing Examiner.

1731.6 A Hearing Examiner shall grant or deny a petition within forty-five (45) days after the filing of the petition. The failure by the Hearing Examiner to act within that period shall constitute a denial of the petition.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1732 JUDICIAL REVIEW; RECORD ON APPEAL

1732.1 A party aggrieved by a final decision of the Director may seek review of the decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act (D.C. Official Code § 2-501 et seq.).

1732.2 Upon receipt by the Director of a notice of appeal, the Director shall promptly acknowledge receipt.

1732.3 The Director shall compile, index, and transmit the originals or copies of all documents pertinent to the appeal, including the following:

(a) A copy of the decision from which an appeal is taken;

(b) A copy of any recommended or proposed decision and any exceptions thereto;

(c) All documents relied on by the Director, including any relevant documents timely submitted to the Director by the respondent or by other parties to the hearing; and

(d) A transcript or summary (in accordance with § 1730.3 of this chapter) of all testimony given or statements made during any hearings, conferences, or investigations concerning the matter in dispute conducted by the Director before the filing of the notice of appeal.

1732.4 The Director shall provide to all parties to the appeal a copy of the Director's index of the record on appeal.

1732.5 The record may be shortened or summarized if, with permission of the court, all parties to the review proceedings so agree.

1732.6 The documents transmitted pursuant to this section, and any supplements thereto, shall be available for inspection by the parties at a location designated by the Director.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1733 ADMINISTRATIVE APPEALS TO THE DIRECTOR OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE

1733.1 This section shall apply to appeals to the Director from decisions of Hearing Examiners by persons found to have committed an infraction involving a violation of an Act listed in § 3300.1 of this Title, rules promulgated pursuant thereto, or any other act regulating the person's occupation or profession, which decisions were made pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 to 2-1803.03).

1733.2 A notice of appeal from a decision issued by a Hearing Examiner shall be sent to the address stated in the decision and shall be delivered or postmarked within fifteen (15) days from the date of service of the final decision.

1733.3 A notice of appeal of a decision shall include the following information:

(a) That an appeal has been taken;

(b) A copy or identification of the final decision from which the appeal has been taken;

(c) A concise statement indicating why the respondent believes the final decision is in error;

(d) The full name, street address, and the telephone number of the respondent and the respondent's counsel, if any; and

(e) The signature of the respondent of the respondent's counsel.

1733.4 Upon receipt of a notice of appeal, the Director shall promptly acknowledge receipt and compile and index documents pertinent to the appeal, including the following;

(a) A copy of the decision from which the appeal is taken;

(b) All documents relied on by a Hearing Examiner, including any relevant documents timely submitted to the Hearing Examiner by a respondent or by other parties to the proceedings; and

(c) A transcript or summary of all testimony given or statements made during any proceedings, conferences, or investigations concerning the matter in dispute, conducted by the Hearing Examiner before the filing of the notice of appeal.

1733.5 The Director shall transmit the notice of appeal and the documents described in §§ 1733.4(a) and (b) to the Director within ten (10) days of the Director's receipt of the notice of appeal. The Director shall transmit the transcript or summary described in § 1733.4(c) as soon as practicable after the transcript or summary is completed.

1733.6 The Director shall send the parties a copy of the Director's index of the record on appeal.

1733.7 The documents transmitted pursuant to this section, and any supplements thereto, shall be available for inspection by the parties at a location designated by the Director.

1733.8 The record may be shortened or summarized if all parties to the review proceedings so agree.

1733.9 The Director, on motion of a party, or on the Director's own motion, may require or permit a party to supplement the documents transmitted pursuant to this section.

1733.10 The Director may permit the parties to appear and present oral argument in accordance with such limitations as to time of argument or other restrictions as a he or she may prescribe.

1733.11 The Director acting pursuant to this section may affirm, modify, vacate, set aside, or reverse any order or decision of a Hearing Examiner.

1733.12 The Director may hold unlawful and set aside any order or decision of law of a Hearing Examiner that it finds to be:

(a) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(b) In excess of statutory authority or authority under this chapter;

(c) Without observance of procedures provided by statute or this chapter; or

(d) Unsupported by a preponderance of the evidence in the record of the hearing.

1733.13 A party may petition the Director or Hearing Examiner to reconsider its decision in accordance with § 1731 of this chapter.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1734 COMPUTATION OF TIME

1714 1 In computing any period of time specified in this chapter, the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is not a business day, in which event the time period shall continue until the next business day.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17 DCMR § 1735 DEFINITIONS

For the purposes of this chapter, the following terms have the meanings ascribed:

Administrative Law Judge (ALJ) - a Hearing Examiner authorized to hear cases pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq.), or designated by the Director to hear a case.

Agency contract - an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract.

Applicant - an applicant for a registration under the Uniform Athlete Agents Act of 2002, D.C. Law 14-107, and these rules.

Athlete agent - an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student- athlete or an individual acting solely on behalf of a professional sports team or professional sports organization.

Athletic director - an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.

Business day - a day other than a Saturday, Sunday, legal holiday, or day on which the department is officially closed.

Contact - a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract.

Day - a calendar day

Department - the Department of Consumer and Regulatory Affairs.

Director - the Director of the Department of Consumer and Regulatory Affairs and/or authorized agent.

Endorsement contract - an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.

Hearing Examiner - any person appointed by the Director pursuant to the authority granted under D.C. Official Code § 2-1801.01 et seq., to conduct administrative hearings under this chapter.

Intercollegiate sport - a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics.

Legal holiday - one of the following holidays:

(a) New Year's Day;

(b) Martin Luther King, Jr.'s, Birthday;

(c) Washington's Birthday;

(d) Memorial Day;

(e) Independence Day;

(f) Labor Day;

(g) Columbus Day;

(h) Veterans Day;

(i) Thanksgiving Day;

(j) Christmas Day; or

(k) Any other day designated as a legal holiday by the President, the Congress, or the Mayor or the Council of the District of Columbia, on the actual day the legal holiday is celebrated by the government of the District of Columbia.

Office of Investigations and Enforcement - the investigative division within the Department of Consumer and Regulatory Affairs.

Party - a respondent, the Corporation Counsel, the Director, or any other person recognized as a party in a particular proceeding.

Person - an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

Professional-sports-services contract - an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete.

Record - information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Registrant - a person registered under this chapter.

Registration - registration as an athlete agent pursuant to this chapter.

Respondent - a person against whom an adverse action is contemplated, proposed, or taken.

State - a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Student-athlete - an individual, who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for purposes of that sport.

Void - of no legal force or effect.

Voidable - capable of being adjudged as having no legal force or effect.

History

• SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

17-18 PROFESSIONAL DESIGN FIRMS

17 DCMR § 1800 APPLICABILITY

1800.1 This chapter applies to applicants for licenses and licensed professional design firms.

1800.2 Chapters 19 (Landscape Architects), 32 (Interior Designers), 33 (General Rules: Funeral Directors, Veterinarians, Interior Designers and Real Estate Appraisers), and 34 (Architects) of this title supplement this chapter.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1800

17 DCMR § 1801 APPLICATION FOR A LICENSE AS A PROFESSIONAL DESIGN FIRM

1801.1 Each applicant for a license as a Professional Design Firm in the District of Columbia shall duly file with the Board an application on a form prescribed and provided by the Board.

1801.2 Each application shall be sworn to or affirmed before a notary public, or if applicable, by electronic signature or other authentication methods as authorized by the Council of the District of Columbia or the Mayor.

1801.3 The proper fees and all required documents shall accompany the application at the time of filing.

1801.4 An authorized agent of the applicant shall provide the following:

(a) Proof that the applicant exists and is properly organized under applicable District and federal law;

(b) Proof that at least one (1) partner, officer, shareholder, member, or manager is an architect, interior designer, or landscape architect who is licensed and in good standing in the District of Columbia. Acceptable proof of ownership may include, but is not limited to, the following:

(1) Stock certificates;

(2) Corporate registration documents;

(3) Articles of organization;

(4) Partnership agreements; or

(5) Tax forms.

(c) If the applicant is a corporation, the names and street addresses of each of its directors and principal officers, and a copy of the certificate of incorporation; and

(d) If the applicant is a partnership, the names and street addresses of each of the general partners.

1801.5 To be eligible for licensure, each applicant shall designate at least one (1) member who is licensed and in good standing as an architect, interior designer, or landscape architect in the District of Columbia to assume responsible charge of all professional design services solicited or provided by the firm in accordance with D.C. Official Code § 47-2853.66(a).

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1801

17 DCMR § 1802 ISSUANCE AND DISPLAY OF LICENSE

1802.1 The Director shall issue a license to a firm, franchise, partnership, association, or corporation if the Board determines that it is in compliance with D.C. Official Code § 47-2853.65 and this chapter.

1802.2 The Director shall issue a license only for the person or persons named as applicants in the application. The license is not assignable or transferable, or valid for use by any person other than that designated on the license.

1802.3 A licensee shall display its license in a conspicuous place on its premises and make the license available for inspection by the Department upon request.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1802

17 DCMR § 1803 TERM OF LICENSE

1803.1 All licenses issued prior to April 30, 2021, pursuant to this chapter, shall be valid from the date of issuance until April 30, 2021. All licenses issued thereafter shall be valid from the date of issuance until April 30 of each odd-numbered year.

1803.2 The Director may change the license cycle for administrative convenience.

1803.3 If the Director changes the license cycle, the term of a license that is in effect on the date of the Director’s determination to change the cycle may, at the Board's discretion, be extended up to three (3) years in order to permit an orderly transition. Any extension of the license term implemented under this section shall only be made upon approval by the Board.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1803

17 DCMR § 1804 REQUIRED NOTIFICATIONS

1804.1 A licensee shall notify the Board of the admission or withdrawal of a member or shareholder within thirty (30) days of the occurrence.

1804.2 The notice required by § 1804.1 shall:

(a) Be signed by a registered partner, officer, shareholder, member, or manager of the professional design firm;

(b) State the date of the admission or withdrawal; and

(c) State whether the licensee intends to continue operating as a professional design firm, and if so, include the name, license number, street address, of any new partner, officer, shareholder, member, or manager.

1804.3 A licensee shall notify the Board of the termination of the business relationship between the licensee and any member who was designated to assume responsible charge of all professional design services solicited or provided by the firm within ten (10) business days of the occurrence.

1804.4 The notice required by § 1804.3 shall:

(a) Be signed by a registered partner, officer, shareholder, member, or manager of the professional design firm;

(b) State the date of the termination; and

(c) State whether the licensee intends to continue operating as a professional design firm, and if so, include the name and license number of any new responsible member.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1804

17 DCMR § 1805 STANDARDS OF PRACTICE

1805.1 In the provision of professional design services, a professional design firm shall be subject to the applicable rules of professional conduct and any standards of practice established in Chapters 19 (Landscape Architects), 32 (Interior Designers), and 34 (Architects) of this title.

1805.2 All architecture services solicited or provided by a professional design firm shall be under the responsible charge of a supervising architect who is licensed in the District.

1805.3 All interior design services solicited or provided by a professional design firm shall be under the responsible charge of a supervising architect or interior designer who is licensed in the District

1805.4 All landscape architecture services solicited or provided by a professional design firm shall be under the responsible charge of a supervising landscape architect who is licensed in the District.

1805.5 No person shall sign and stamp a professional design document on behalf of a professional design firm except an architect, interior designer, or landscape architect licensed in the District.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1805

17 DCMR § 1899 DEFINITIONS

1899.1 When used in this chapter, the words and phrases set forth in this section shall have the following meanings:

Act - The Non-Health Related Occupations and Professions Licensure Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code §§ 47-2853.01 et seq.).

Applicant – A person who has submitted an application for licensure as a professional design firm to the Board.

Board – The Board of Architecture, Interior Design, and Landscape Architecture as established by the Act.

Department - Unless otherwise defined, the Department of Consumer and Regulatory Affairs.

Director - The Director of the Department of Consumer and Regulatory Affairs.

Professional design document – Any drawing, specification, report, request for information, construction and administration document, or contract that in any way calls for the professional services of an architect, interior designer, or landscape architect.

Professional design firm – Any firm, franchise, partnership, association, or corporation that is licensed to solicit or provide architecture, interior design, or landscape architecture services in the District.

Professional design services – Architecture, interior design, or landscape architecture services provided in the District.

Responsible charge – Direct control and personal supervision by a licensed architect, interior designer, or landscape architect of the corresponding professional design service. The degree of control necessary shall be such that the licensed architect, interior designer, or landscape architect personally makes design decisions or reviews and approves proposed decisions prior to their implementation, including consideration of alternatives, whenever technical decisions are to be made, and judges the qualifications of technical specialists and the validity and applicability of their recommendations before such recommendations are incorporated in the work.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1899

17-19 LANDSCAPE ARCHITECTS

17 DCMR § 1900 APPLICABILITY

1900.1 This chapter applies to applicants for landscape architect licenses and licensed landscape architects.

1900.2 Chapter 33 (General Rules: Funeral Directors, Veterinarians, Interior Designers and Real Estate Appraisers) of this title supplements this chapter.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1900

17 DCMR § 1901 APPLICATIONS FOR LICENSURE

1901.1 Each applicant for a license as a landscape architect in the District of Columbia shall duly file with the Board an application on a form prescribed and provided by the Board.

1901.2 Each application shall be sworn to or affirmed before a notary public, or if applicable, by electronic signature or other authentication methods as authorized by the Council of the District of Columbia or the Mayor.

1901.3 The proper fees and all required documents shall accompany the application at the time of filing.

1901.4 Each applicant shall provide the following:

(a) A copy of his or her official government-issued photo identification card, such as a driver’s license or permanent resident card, as proof that the applicant is at least eighteen (18) years of age;

(b) Two (2) recent passport-type photographs of the applicant’s face measuring two inches by two inches (2 in. x 2 in.);

(c) A business or a home address, which cannot be a post office box number;

(d) Proof of having completed the education and experience requirements specified by the Board. The Board may accept:

(1) Verified records compiled by the Council of Landscape Architectural Registration Boards (CLARB) as sufficient documentation; or

(2) A certification by CLARB that the applicant has met the minimum standards of education, examination, experience and professional conduct established by CLARB;

(e) If an applicant is applying by reciprocity or endorsement, proof of his or her current licensure as a landscape architect in another jurisdiction with requirements that are substantially equivalent to those of the District; and

(f) Proof that the applicant has met any other requirements established by the Board to ensure the applicant is qualified to engage in the practice of landscape architecture.

1901.5 If an applicant has been convicted of a criminal offense, other than a minor traffic violation, the applicant shall provide the following:

(a) Copies of the relevant court records which describe the nature of the conviction;

(b) A written statement from the applicant explaining the circumstances surrounding the conviction; and

(c) Any information regarding the applicant’s rehabilitation and good conduct.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1901

17 DCMR § 1902 QUALIFICATIONS FOR LICENSURE

1902.1 To be eligible for licensure as a landscape architect, an applicant:

(a) Shall be at least eighteen (18) years of age;

(b) Shall be of good moral character;

(c) Shall not have been convicted of an offense that bears directly on the applicant’s fitness to be licensed, as determined by the Board in accordance with the guidelines set forth in 17 DCMR § 3312 and the Act;

(d) Except as otherwise provided in this chapter, shall pass the Landscape Architect Registration Examination (L.A.R.E.) administered by the Council of Landscape Architectural Registration Boards (CLARB);

(e) Shall have obtained or completed the following education in landscape architecture:

(1) A baccalaureate degree in landscape architecture from a program accredited by the Landscape Architectural Accreditation Board (LAAB) or the Canadian Society of Landscape Architects Accreditation Council (CSLAAC); or

(2) A master’s or doctoral degree in landscape architecture from a program accredited by the Landscape Architectural Accreditation Board (LAAB) or the Canadian Society of Landscape Architects Accreditation Council (CSLAAC); or

(3) A degree or combined coursework that is deemed by the Board to be substantially equivalent to programs that are accredited by LAAB. A transcript evaluation prepared and submitted by a provider approved by the Board shall serve as the Board's guide for assessment; and

(f) Shall have obtained three (3) or more years of work experience indicating that he or she is competent to practice landscape architecture. An applicant’s work experience must be verified by one or more individuals who:

At the time the experience was gained, held a license as a landscape architect in the District or another jurisdiction;

Have obtained personal knowledge of the applicant sufficient to issue judgments concerning the applicant's experience, ability, character, or reputation;

Are not related to the applicant; and

Are not currently members of the Board.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019); as amended by Final Rulemaking published at 68 DCR 5011 (May 7, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1902

17 DCMR § 1903 EXAMINATION REQUIREMENTS

1903.1 If an applicant holds a baccalaureate degree in landscape architecture from a program accredited by the Landscape Architectural Accreditation Board (LAAB) or the Canadian Society of Landscape Architects Accreditation Council (CSLAAC), he or she shall be deemed eligible to sit for the L.A.R.E. without prior application to the Board. Such applicants must apply directly to the Council of Landscape Architectural Registration Boards (CLARB) to sit for the examination, and may apply to the Board for licensure after having passed the examination in accordance with § 1903 of this chapter.

1903.2 If an applicant does not hold a baccalaureate degree in landscape architecture from a program accredited by LAAB or CSLAAC, he or she may not register or sit for the L.A.R.E. until the Board has established that the applicant is qualified to take the examination.

1903.3 To be eligible to sit for the examination, an applicant who requires prior approval in accordance with § 1903.2 must have attained a degree, or completed combined coursework, that is deemed by the Board to be substantially equivalent to programs that are accredited by LAAB, and shall submit with the application a transcript evaluation that has been prepared and submitted by a provider approved by the Board which shall serve as the Board's guide for assessment.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1903

17 DCMR § 1904 LICENSURE BY CERTIFICATION, RECIPROCITY OR ENDORSEMENT

1904.1 The Board shall waive the examination requirement for an applicant when the applicant holds a current and valid certification issued by the Council of Landscape Architectural Registration Boards (CLARB), or other proof of having previously passed the L.A.R.E, or a predecessor examination, in accordance with the CLARB standards in effect at the time the applicant took the examination.

1904.2 An applicant for a license by reciprocity or endorsement shall furnish proof satisfactory to the Board that the following requirements are met:

(a) The applicant is licensed and in good standing as a landscape architect in a jurisdiction of the United States with requirements that are substantially equivalent to the requirements of the Act and this chapter;

(b) The jurisdiction in which the applicant is licensed admits landscape architects licensed by the District of Columbia in like manner; and

(c) The applicant has paid the required fees to the District.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1904

17 DCMR § 1905 ISSUANCE AND DISPLAY OF LICENSE

1905.1 The Director shall issue a license to any applicant who has met the requirements of the Act and this chapter.

1905.2 The Director shall issue a license only for the individual named as applicant in the application. The license is not assignable or transferable, or valid for use by any individual other than that designated on the license.

1905.3 A licensee shall display his or her license conspicuously at the licensee’s principal place of business or employment.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1905

17 DCMR § 1906 TERM OF LICENSE

1906.1 All licenses issued prior to April 30, 2021, pursuant to this chapter, shall be valid until April 30, 2021. All licenses issued thereafter shall be valid from the date of issuance until April 30 of each odd-numbered year.

1906.2 The Director may change the license cycle for administrative convenience.

1906.3 If the Director changes the license cycle, the term of a license that is in effect on the date of the Director’s determination to change the cycle may, at the Board's discretion, be extended up to three (3) years in order to permit an orderly transition. Any extension of the license term implemented under this section shall only be made upon approval by the Board.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1906

17 DCMR § 1907 CONTINUING EDUCATION REQUIREMENTS FOR RENEWAL OR REINSTATEMENT OF A LICENSE

1907.1 This section shall apply to all applicants for the renewal or reinstatement of a license to practice landscape architecture, except those applicants seeking first renewal of a license granted by examination or certification.

1907.2 An applicant for renewal of a license shall have completed twenty-four (24) hours of credit in approved continuing education programs during the term of the license. At least eighteen (18) of these hours shall be in health, safety, and welfare subjects.

1907.3 An applicant for reinstatement of an expired license or renewal of an inactive license shall have completed twenty-four (24) hours of credit in approved continuing education programs, and an additional six (6) hours of credit for each year the license was expired or inactive, up to a maximum of thirty-six (36) hours. At least seventy-five percent (75%) of these hours shall be in health, safety, and welfare subjects. To be creditable, courses shall not have been completed more than two (2) years prior to the date of application.

1907.4 An applicant under this section shall submit with their renewal or reinstatement application an attestation of their having completed the required continuing education credits. The attestation shall include the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program; and

(d) The hours of credit claimed.

1907.5 A continuing education credit shall be valid only if it is part of a program approved by the Board in accordance with § 1908 of this chapter. Licensees are responsible for ensuring that continuing education courses taken to satisfy the Board’s renewal or reinstatement requirements are approved by the Board.

1907.6 An applicant for the renewal of a license who fails to complete the continuing education requirements and provide an attestation as required under this section by or before the expiration date may renew the license within sixty (60) days after expiration by completing the outstanding hours and by paying the required late fee. Any hours obtained after licensure expiration and claimed for late renewal shall not be creditable for the next renewal period. Upon renewal, the Board shall deem the applicant to have possessed a valid license during the period between the expiration of the license and its renewal.

1907.7 If an applicant for the renewal of a license fails to complete the continuing education requirements and provide an attestation as required under this section within sixty (60) days after the expiration of the applicant’s license, the license shall be deemed to have lapsed on the date of expiration, and the applicant shall be required to apply for reinstatement of the expired license pursuant to § 3308 of this title.

1907.8 The Board may grant an extension of the sixty (60) day period to renew after expiration if the applicant’s failure to complete continuing education requirements was for good cause. For purposes of this subsection, good cause includes proof of the following during the term of the license:

(a) Serious and protracted illness of the applicant, who submits a doctor’s statement verifying the illness;

(b) The death or serious and protracted illness of a member of the applicant’s

immediate family, which death or illness resulted in the applicant’s inability to complete the continuing education requirements within the specified time. For the purposes of this subsection, the term “immediate family” means the applicant’s spouse and any parent, brother, sister, or child of the applicant and the spouse of any such parent, brother, sister, or child; or

(c) Active military service.

1907.9 An extension granted under this section shall not relieve an applicant from complying with the continuing education requirements for the next renewal period.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019); as amended by Final Rulemaking published at 71 DCR 008015 (July 12, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1907

17 DCMR § 1908 APPROVED CONTINUING EDUCATION PROGRAMS

1908.1 The Board, in its sole discretion, may approve continuing education programs that contribute to the growth of an applicant in professional competence in the practice of landscape architecture and which meet the other requirements of this section.

1908.2 To qualify for approval by the Board, a continuing education program shall be:

Prepared, offered, administered, or accepted by an entity approved by the Council of Landscape Architectural Registration Boards (CLARB); or

Administered in accordance with the current edition of the CLARB Uniform Continuing Education Standards, as determined by the Board.

1908.3 A continuing education program or activity shall be deemed approved by the Board if the offering is provided or sponsored by one of the following:

(a) Landscape Architecture Continuing Education System (LA CES);

(b) American Society of Landscape Architects (ASLA);

(c) CLARB;

(d) A licensing board of another jurisdiction that regulates the practice of landscape architecture;

(e) National Society of Professional Engineers;

(f) American Institute of Architects;

(g) Federal or state agencies offering training in landscape architecture; and

(h) Accredited colleges and universities offering training in landscape architecture.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1908

17 DCMR § 1909 REQUIRED NOTIFICATIONS

1909.1 A licensee shall notify the Board in writing within thirty (30) days of any name change, or any change of business, email, or residence address.

1909.2 A licensee shall inform the Board in writing within thirty (30) days of pleading guilty or nolo contendere, or being convicted or found guilty of any felony.

1909.3 A licensee shall inform the Board in writing within thirty (30) days of the suspension, revocation, or surrender of his or her license as a landscape architect in any other jurisdiction.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1909

17 DCMR § 1910 RULES OF PROFESSIONAL CONDUCT

1910.1 In engaging in the practice of landscape architecture, a licensee shall act with reasonable care and competence, and shall apply the technical knowledge and skill that are ordinarily applied by licensed landscape architects of good standing practicing in the same locality.

1910.2 In designing a project, a licensee shall take into account all applicable federal, state, and municipal building laws and regulations. While a licensee may rely on the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the intent and meaning of such regulations, once having obtained such advice, a licensed landscape architect shall not knowingly design a project in violation of such laws and regulations.

1910.3 A licensed landscape architect shall undertake to perform professional services only when he or she, together with those whom the licensee may engage as consultants, is qualified by education, training, and experience in the specific technical areas involved.

1910.4 A licensed landscape architect shall not accept compensation for his or her services from more than one party on a project unless the circumstances are fully disclosed in writing and agreed to by all interested parties.

1910.5 A licensee shall fully disclose in writing to his or her client or employer any business association or direct or indirect financial interest which is substantial enough to influence his or her judgment in connection with the performance of professional services.

1910.6 When making public statements concerning the practice of landscape architecture, a licensee shall disclose when he or she is being compensated for making such statements.

1910.7 If in the course of his or her work on a project, a licensed landscape architect becomes aware of a decision made by his or her employer or client, against such licensee’s advice, which will result in a violation of any applicable federal, state, or municipal building laws or regulations, and which will, in the licensee’s judgment, materially and adversely affect the safety to the public of the finished project, the licensed landscape architect shall:

(a) Report the decision to the local building inspector or other public official charged with enforcement of the applicable federal, state, or municipal building laws and regulations; and

(b) Refuse to consent to the decision.

1910.8 A licensed landscape architect shall not willfully make a materially false statement or willfully fail to disclose a material fact requested in connection with his or her application for a license or renewal or reinstatement of a license.

1910.9 A licensed landscape architect shall not assist in the application for licensure of an individual known by the licensed landscape architect to be unqualified with respect to education, training, experience, or character.

1910.10 A licensed landscape architect shall not sign or seal technical submissions unless they were prepared by the licensee or under his or her responsible charge; provided, however, that a licensee may sign and seal those portions of any technical submissions that were prepared under the responsible charge of another licensed landscape architect if he or she has reviewed such portions and has coordinated their preparation.

1910.11 A licensed landscape architect shall not, in the conduct of his or her practice, knowingly violate any municipal, state, or federal criminal law.

1910.12 A licensed landscape architect shall neither offer nor make any payment or gift to a government official (whether elected or appointed) with the intent to influence the official’s judgment in connection with a prospective or existing project in which the licensee is interested.

1910.13 A licensee possessing knowledge of a violation of the provisions set forth in §§ 1909.1 through 1909.12 by another licensed landscape architect shall report such knowledge to the Board.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1910

17 DCMR § 1911 SEALS

1911.1 Each licensed landscape architect shall procure a seal, which shall contain the following information:

(a) District of Columbia;

(b) Licensee's name;

(c) License number;

(d) The words “Landscape Architect”; and

(e) Any other information requested by the Board.

1911.2 The seal shall be evidence of the authenticity of a document and shall be imprinted on all technical submissions, as follows:

Each design and each drawing;

On the cover and index pages identifying each set of specifications; and

On the cover page (and index, if applicable) of all other technical submissions.

1911.3 The seal appearing on any technical submission shall be prima facie evidence that the technical submission was prepared by or under the responsible charge of the named licensee appearing on the seal.

1911.4 No licensed landscape architect shall affix or permit to be affixed his or her seal or signature to any technical submission which depicts work which he or she is not competent to perform.

1911.5 No licensed landscape architect shall affix his or her seal or signature to any technical submission, or any portion thereof, that was not prepared by him or her or under his or her responsible charge, provided that a licensee may sign or seal technical submissions prepared by another licensed landscape architect if he or she has reviewed, approved, or modified and adopted the work under his or her responsible charge.

1911.6 Computer-generated seals not signed with a digital signature may be used to authenticate technical submissions provided a manual signature is placed adjacent to or across the seal and the date is written below it. Technical submissions which do not require certification may be transmitted electronically but shall have the generated seal, if any, removed before transmitting and shall have the following inserted in lieu of the signature and date:

“This document was originally issued and sealed by (name of licensee), L.A.#_______ on (date of sealing). This document should not be considered a certified document.”

1911.7 Technical submissions that are signed using a digital signature, as defined in this chapter, shall contain the following:

(a) An authentication procedure that includes the following elements:

(1) A unique signature;

(2) Capability to verify the source;

(3) Sole control by the person using it; and

(4) A link to the document in such a manner that the digital signature is invalidated if any data in the document is changed; and

(b) A list of the hardware, software, and parameters used to prepare the document(s).

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1911

17 DCMR § 1912 CONTINUING EDUCATION: RECORDKEEPING AND AUDIT REQUIREMENTS

1912.1 A licensee shall be responsible for documenting their completion of the continuing education requirements and shall bear the burden of providing satisfactory proof of completion and establishing that any program or activity for which credit is claimed complies with the standards set forth in § 1907.

1912.2 A licensee shall retain course documentation for six (6) years after completing a continuing education program or activity for which credit is claimed. Acceptable documentation shall include the following:

A copy of the course outline and certificate of successful completion from the sponsor which shall include the following information:

The name of the sponsor of the program;

The name of the program and a description of the subject matter covered;

The dates on which the licensee attended the program; and

The hours of credit earned;

In the case of courses taken at an accredited college or university, proof of satisfactory completion of the course, including the name of the college or university, name of the course, date of completion, and the number of hours of earned, along with a copy of the course syllabus;

In the case of licensees claiming credit for publication of a technical paper, article, or book, satisfactory proof of its publication; or

(d) Other comparable proof deemed satisfactory by the Board.

1912.3 The Board may, as it deems appropriate, conduct an audit of active licensees to determine compliance with the continuing education requirements.

1912.4 Upon notification by the Board that a licensee has been selected for an audit, the licensee shall submit proof of his or her compliance with the continuing education requirements in accordance with §§ 1907 and 1912 within thirty (30) days after receipt of the notice.

1912.5 A licensee who fails to provide proof of having completed the continuing education requirements during an audit may be subject to another audit in the subsequent licensure term.

1912.6 If the Board determines that the licensee has not met his or her continuing education requirement in accordance § 1907, the Board may either grant an additional period of time in which the deficiencies can be cured or impose disciplinary action in accordance with the Act and this chapter.

History

• SOURCE: Final Rulemaking published at 71 DCR 008015 (July 12, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1912

17 DCMR § 1999 DEFINITIONS

1999.1 When used in this chapter, the words and phrases set forth in this section shall have the following meanings:

Act - The Non-Health Related Occupations and Professions Licensure Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code §§ 47-2853.01 et seq. (2015 Repl.)).

Applicant – A person who has submitted an application for licensure as a landscape architect to the Board.

Board – The Board of Architecture, Interior Design, and Landscape Architecture as established by the Act.

CLARB – The Council of Landscape Architectural Registration Boards.

Department - Unless otherwise defined, the Department of Consumer and Regulatory Affairs.

Digital Signature - An electronic authentication process attached to or logically associated with an electronic document utilizing technology that meets the National Institute of Standards and Technology (NIST) standards for security and privacy to provide the same degree of assurance and certainty as the traditional "paper and ink" method of signatures.

Director - The Director of the Department of Consumer and Regulatory Affairs.

LAAB – The Landscape Architectural Accreditation Board.

L.A.R.E. – The current Landscape Architect Registration Examination prepared by CLARB.

Licensed landscape architect or Licensee– A person licensed to practice landscape architecture under this chapter and the Act.

Manual signature – The handwritten name of a person applied to a document that identifies the person, serves as a means of authentication of the contents of the document, and provides responsibility for the creation of the document and accountability for the contents of the document.

Practice of landscape architecture – Rendering or offering to render services, including consultation, evaluation, planning, and preparation of studies, designs, specifications, and other technical submissions, in connection with the development of land areas where, and to the extent that the dominant purpose of such services is preservation, enhancement, or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings, approaches or environment for structures or other improvements, grading and drainage and the consideration and determination of inherent problems of the land relating to the erosion, wear and tear, blight or other hazards, and the administration of contracts relative to projects principally directed at the functional and aesthetic use of land, and the location and arrangement of such tangible objects and features as are incidental and necessary to carry out the purposes outlined herein. However, the term does not include the design of structures or facilities with separate and self-contained purposes such as are ordinarily included in the practice of engineering or architecture or the making of land surveys or final land plats for official approval or recording.

Responsible charge – Direct control and personal supervision by a licensed landscape architect of the professional services provided in the practice of landscape architecture. The degree of control necessary shall be such that the licensee personally makes design decisions or reviews and approves proposed decisions prior to their implementation, including consideration of alternatives, whenever technical decisions are to be made, and judges the qualifications of technical specialists and the validity and applicability of their recommendations before such recommendations are incorporated in the work.

Seal - A symbol, image, or list of information that may be found in the form of a rubber stamp, embossed seal, computer-generated data, or other form.

Technical submissions – Studies, designs, drawings, specifications, and any other technical documentation prepared in the course of the practice of landscape architecture.

History

• SOURCE: Final Rulemaking published at 66 DCR 12720 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 1999

17-20 PRIVATE DETECTIVES

17 DCMR § 2000 GENERAL PROVISIONS

2000.1 For purposes of this chapter, the term "private detective" means any person (whether self-employed or employed by others), firm, or corporation which is engaged in the business of, or advertises or represents himself, herself, or itself as being engaged in any of the following:

(a) The business of detecting, discovering, or revealing crime or criminals;

(b) The business of securing information for evidence relating to crime or criminals; or

(c) The business of discovering or revealing the identity, whereabouts, character, or actions of any person(s) or thing(s).

2000.2 The term "private detective," as defined in §2000.1, shall not include persons who are employed as uniformed guards or uniformed security personnel.

2000.3 No person shall be licensed as a private detective unless the Chief of Police of the Metropolitan Police Department of the District of Columbia or his or her designee (also referred to as the "Chief of Police") certifies to the Mayor that the Chief of Police approves of the issuance of the license.

2000.4 Except as provided in §2000.5, each license issued under this chapter shall be effective for one (1) license year beginning on November 1st of the year issued and continuing until the following October 31st.

2000.5 A license issued after the beginning of a license year shall date from the first day of the month in which the license is issued and shall expire on the next succeeding October 31st.

2000.6 No licensed private detective shall represent himself or herself, or engage in business as a private detective, under any name other than the name appearing on his or her license; Provided, that this provision shall not prevent the use of a trade name if that trade name is contained in the license application approved by the Mayor.

2000.7 Any person who engages in business as a private detective without having a license then in effect shall be punished by a fine of not more than three hundred dollars ($ 300) or by imprisonment for not more than ninety (90) days.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is Paragraph 41(d) of Section 7 of An Act making appropriations to provide for the government of the District of Columbia for the fiscal year ending June 30, 1903, and for other purposes, approved July 1, 1902, 32 Stat. 590 (622), as amended by An Act approved July 1, 1932, 47 Stat. 550, ch. 366, D.C. Code §§ 47-2838 and 47-2844 (1987 Repl. Vol.).
• SOURCE: Sections 1(c), 4, 5, 8, and 15 of Regulation 70-30, approved July 9, 1970 (17 DCR 40), 5EE DCRR, §§ 1.1(c), 2.3, 3.4, and 5.2.

17 DCMR § 2001 APPLICATION FOR LICENSE

2001.1 Application for a license to engage in business as a private detective shall be made to the Mayor on a form prescribed by the Mayor, and shall be accompanied by the license fee required by law.

2001.2 Each person applying for a license shall submit to the Mayor, under oath, any information that the Mayor may require to assist in determining whether the applicant is of good moral character and that granting the license will be in the public interest.

History

• SOURCE: Section 2 of Regulation 70-30, approved July 9, 1970 (17 DCR 40), 5EE DCRR, § 2.1.

17 DCMR § 2002 PHOTOGRAPHS AND FINGERPRINTS

2002.1 Each individual applicant for a license as a private detective shall submit four (4) identical, full-faced photographs of himself or herself, one inch by one and one-half inches in size (1" x 1 1/2"), which were taken not more than three (3) months prior to date of application.

2002.2 Each corporate applicant for license as a private detective shall submit the required photographs of its president and vice-president.

2002.3 Each individual applicant for a license as a private detective shall have three (3) sets of his or her fingerprints taken by the Chief of Police.

2002.4 Fingerprints taken under §2002.3 shall become part of the application for the license.

2002.5 Fingerprints shall be submitted for comparison and record to the Federal Bureau of Investigation and to other authorities that the Chief of Police may deem advisable.

2002.6 Each corporate applicant for a license as a private detective shall make its president and vice-president available to the Chief of Police for fingerprinting.

History

• SOURCE: Sections 2 and 3 of Regulation 70-30, approved July 9, 1970 (17 DCR 40), 5EE DCRR, §§ 2.1 and 2.2.

17 DCMR § 2003 BONDS

2003.1 Each person licensed as a private detective shall file in the Office of the Mayor, and shall keep in force throughout the duration of the license, a bond in the penal sum of five thousand dollars ($5,000), running to the District of Columbia and extending to third-party recovery, with corporate surety authorized by the D.C. Department of Consumer and Regulatory Affairs to do business in the District.

2003.2 Each bond shall be conditioned as required by, and shall be subject to, the provisions of § 9(b) of Pub. L. 89-347 (D.C. Code § 4-171 (1981)).

History

• SOURCE: Section 6 of Regulation 70-30, approved July 9, 1970 (17 DCR 40), 5EE DCRR, §3.2.

17 DCMR § 2004 INVESTIGATION OF APPLICANTS AND LICENSEES

2004.1 The Mayor is authorized, in connection with consideration of license applications, and from time to time during the license year, to require an applicant for a license or a licensee to make available to the Mayor, during the regular business hours, any information that the Mayor considers necessary to determine or verify whether the applicant or licensee has violated or failed to comply with any provision of any statute or regulation relating to the obtaining or retention of a private detective's license or to the conduct of activities as a private detective.

2004.2 Investigation by the Mayor may include determination or verification of the identity of any person associated with the applicant or with any licensee in the private detective business, and the extent, if any, of that person's control, either directly or indirectly, of the applicant or over the business activities of the licensee.

2004.3 The following shall be grounds for denial, suspension, or revocation of a license:

(a) Failure to make requested information available to the Mayor or to furnish to the Mayor any information that the Mayor is authorized to request under this section; or

(b) Failure to furnish to the Mayor, or to permit the Mayor to make one (1) or more copies of records maintained by the applicant or licensee that the Mayor may specify.

History

• SOURCE: Section 7 of Regulation 70-30, approved July 9, 1970 (17 DCR 40), 5EE DCRR, § 3.3.

17 DCMR § 2005 IDENTIFICATION CARDS

2005.1 Each person licensed as a private detective ("licensee") shall, while engaged in dealings with any person while doing business as a private detective, carry on his or her person the identification card bearing his or her photograph and issued by the Mayor.

2005.2 Upon the request of any person with whom the licensee may deal or have contact in connection with doing business as a private detective, the licensee shall display the card and furnish to the requesting person a business card or other written matter containing the licensee's full name and license number.

History

• SOURCE: Section 9 of Regulation 70-30, approved July 9, 1970 (17 DCR 40), 5EE DCRR, § 3.5.

17 DCMR § 2006 PLACE OF BUSINESS

2006.1 A private detective license shall only be issued to a person who is not a resident of the District if the nonresident, as a condition of the license, appoints or employs an attorney-in-fact or general agent who is a resident of the District or who maintains an office in the District. Each nonresident licensee shall notify the Mayor of the appointment or employment of an attorney-in-fact or general agent.

2006.2 The nonresident licensee shall also notify the Mayor, within five (5) business days, of any change in the appointment or employment of the attorney-in-fact or general agent.

2006.3 In all cases of a nonresident licensee, notice of any action to be taken with respect to the license issued to that licensee may be served upon the attorney-in-fact or general agent appointed or employed by that nonresident licensee.

History

• SOURCE: Section 11 of Regulation 70-30, approved July 9, 1970 (17 DCR 40), 5EE DCRR, § 3.7.

17 DCMR § 2007 [RESERVED]

17 DCMR § 2008 [RESERVED]

17 DCMR § 2009 [RESERVED]

17 DCMR § 2010 DENIAL, SUSPENSION, AND REVOCATION OF LICENSES

2010.1 The license of each private detective shall be subject to denial, suspension, or revocation for violation of any section of this chapter that is applicable to that license or business or for violation of any of the terms of D.C. Code, §47-2839, and upon any grounds set forth in regulation or statute, including, without limitation, any of the following:

(a) Material misstatement in the application for license;

(b) Failure or refusal to comply with any statute or regulation governing the carrying on of the business of a private detective;

(c) Conviction of false pretenses, larceny after trust, embezzlement, or any other offense involving (in the judgment of the Mayor) fraudulent conduct, arising out of or based on employment as a private detective; or

(d) Willful or fraudulent circumvention of any statute or regulation related to the conduct of the business of private detective.

2010.2 Whenever the Mayor proposes to deny, suspend, or revoke a private detective's license, the Mayor shall give the applicant or licensee notice which meets all of the following requirements:

(a) The notice shall be in writing and be signed by the Mayor;

(b) The notice shall state the ultimate facts constituting each violation or other basis for the action proposed;

(c) The notice shall indicate, where applicable, each provision of statute or regulation violated or not complied with;

(d) The notice shall state the proposed adverse action; and

(e) The notice shall advise that the proposed action may be appealed as provided in § 2012, and of the time within which the appeal must be filed.

History

• SOURCE: Sections 12 and 13(a) of Regulation 70-30, approved July 9, 1970 (17 DCR 40), 5EE DCRR, §§ 4.1 and 4.2(a).

17 DCMR § 2011 SERVICE OF NOTICES

2011.1 Notices required under §2011 shall be served upon the applicant or licensee in accordance with this section.

2011.2 A notice shall be deemed to be properly served upon the person to whom it is directed when it or a copy of it is served in one of the following ways:

(a) Personally delivering it to the person named in the notice;

(b) Leaving a copy at the address stated on the license (or on the application in the case of an applicant) with a person over sixteen (16) years old then employed at or a resident of that address; or

(c) Mailing a copy by certified mail, postage prepaid, to the address stated on the license or application.

2011.3 If any notice mailed as authorized in § 2011.2(c) is returned by the postal authorities because the addressee has refused to accept delivery, the notice shall be deemed to have been served on the addressee as of the date of that refusal.

History

• SOURCE: Section 13 of Regulation 70-30, approved July 9, 1970 (17 DCR 40), 5EE DCRR, § 4.2(b).

17 DCMR § 2012 APPEALS

2012.1 Any person on whom a notice has been served pursuant to § 2010 and § 2011 may file a written appeal with the Board of Appeals and Review.

2012.2 The appeal must be filed within twenty (20) calendar days from the date the notice was served personally, or within twenty-four (24) calendar days of the date the notice was served other than personally.

2012.3 If service was made by certified mail, the twenty-four (24) day period for filing required under § 2012.2 shall include the date that the notice was mailed under § 2011.2(c).

History

• SOURCE: Section 14 of Regulation 70-30, approved July 9, 1970 (17 DCR 40), 5EE DCRR, §5.1.

17-21 SECURITY OFFICERS AND SECURITY AGENCIES

17 DCMR § 2100 GENERAL PROVISIONS

2100.1 For purposes of this chapter, the term "security officer" means any person privately employed to do any of the following:

(a) Prevent the theft, misappropriation, or concealment of goods, wares, merchandise, money, bonds, stock certificates, or other valuable documents, papers, and articles;

(b) Prevent damage to real or personal property;

(c) Prevent assaults, gate-crashing, or other disorders at meetings, events, or performances; or

(d) Prevent similar illegal occurrences.

2100.2 The term "security officer" includes the following:

(a) Uniformed individuals employed by a security agency or other employer for any of the purposes set forth in § 2100.1; and

(b) Uniformed individuals privately employed as guards, watchpersons, patrol service personnel for specified property, security technicians, security officers, and other similar positions.

2100.3 The term "security officer" does not include any of the following:

(a) Persons commissioned as special police officers under the second paragraph of the section "FOR METROPOLITAN POLICE" of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred, and for other purposes, approved March 3, 1899 (30 Stat. 1057; D.C. Official Code § 5-129.02);

(b) Persons working in their official capacity as employees of the federal government;

(c) Members of the Metropolitan Police Department or the public police force of any other jurisdiction;

(d) Persons working as armored car guards; or

(e) Persons commissioned as campus police officers under the second paragraph of the section "FOR METROPOLITAN POLICE" of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred, and for other purposes, approved March 3, 1899 (30 Stat. 1057; D.C. Official Code § 5-129.02), as regulated by Chapter 12 of Title 6A of the District of Columbia Municipal Regulations.

2100.4 Each certification for a security officer issued under this chapter, except temporary certification cards issued under § 2109 and certifications whose expiration dates have been extended under § 2100.5, shall be effective for 2 years. The expiration date shall be shown on the certification.

2100.5 If a security officer has been retained by a new security agency or employer for the 90-day transition employment period required by section 3 of the Displaced Workers Protection Act of 1994, effective April 26, 1994 (D.C. Law 10-105; D.C. Official Code § 32-102), training requirements for certification imposed by this chapter shall be tolled for the duration of the 90 days. If a security officer's certification is scheduled to expire during the 90-day period, the expiration date for the certification shall be extended until 14 days after the expiration of the 90-day period.

2100.6 Except as provided in D.C. Official Code § 47-2839a, violation of any provision of this chapter shall be punishable by a fine of up to three hundred dollars ($ 300) or by imprisonment for up to ninety (90) days, in addition to the possible denial, suspension, or revocation of certification under the provisions of this chapter.

2100.7 The provisions of this chapter shall supersede any other District of Columbia regulations to the extent of any conflict with those regulations.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred, and for other purposes, approved March 3, 1899 (30 Stat. 1057, ch. 422, D.C. Code § 4-114 (1981)).
• SOURCE: §§1.1(f), 3.1, 3.3 and 6.1 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74-31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974), as amended by §2 of the Security Officer Licensing Facilitation of 1977, D.C. Law 2-29, 24 DCR 1451 (August 19, 1977), and §27 of the End of Session Technical Amendments Act of 1984, D.C. Law 5.159, 32 DCR 30 (January 4, 1985); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2101 DUTY OF SECURITY AGENCY OR EMPLOYER

2101.1 No investigation or certification under this chapter shall relieve any security agency or other employer of the duty to investigate and make its own determination of an applicant's suitability for employment as a security officer.

2101.2 All security agencies and employers have an affirmative duty to supervise security officers in their employ, and any attempt at a contractual limitation of liability shall be null and void.

2101.3 In all cases, the liability of the security agency or other employer for the acts of its employees shall be limited to those times when the employee is on duty and to those acts within the scope of the employee's assignment or employment.

2101.4 Failure of a private detective agency or security agency to properly supervise the activities of its employees is grounds for denial or suspension of the agency's license.

History

• SOURCE: §3.8 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74-31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2102 ELIGIBILITY REQUIREMENTS - GENERAL

2102.1 Application for certification as a security officer shall be made to the Mayor on a form prescribed by the Mayor.

2102.2 Each person applying for certification shall submit to the Mayor, under oath, the information required by this chapter, as well as any other information that the Mayor may require for assistance in determining the applicant's suitability for certification.

2102.3 To be eligible to be certified as a security officer, an applicant, in addition to meeting the other requirements of this chapter, shall:

(a) Be at least eighteen (18) years of age;

(b) Either be a United States citizen or have in his or her possession a valid Immigration and Naturalization Service work permit; and

(c) Be able to read, write, and speak the English language.

History

• SOURCE: §3.5 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74-31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2103 ELIGIBILITY REQUIREMENTS - HEALTH

2103.1 Each applicant for certification shall be required to submit a physician's certificate stating, to the best of the physician's knowledge after examining the applicant, the following:

(a) The applicant is not presently addicted to drugs or alcohol;

(b) The applicant is not suffering from any debilitating mental defect or disorder; and

(c) The applicant is not suffering from serious heart disease, severe epilepsy, or other physical defect which might cause substantial loss of control in situations of severe stress.

2103.2 When testing for epilepsy or other physical defects which might involve substantial costs to determine, the doctor may rely upon the sworn statement of the applicant, under oath. The doctor must give his or her affirmation to the same effect.

2103.3 In cases where certification is requested concurrent with or as a condition of employment with a security agency or an employer, the security agency or employer shall certify the health of the applicant.

2103.4 Each applicant shall be required to pass a drug screening administered by the security agency or employer upon initial application and upon application for certification renewal.

2103.5

(a) Security officers shall be subject to reasonable suspicion drug and alcohol testing by the security agency or employer.

(b) For the purposes of this section, the term "reasonable suspicion" means the officer is impaired while on duty.

2103.6 Security agencies or employers shall immediately notify the Mayor of any unexplained positive tests.

2103.7

(a) The certification of a security officer who fails a reasonable suspicion drug or alcohol test shall be summarily revoked.

(b) For the purposes of this section, the term "fails" means:

(1) The officer's blood contained more than .03%, by weight, of alcohol, or the officer's urine contained more than .04%, by weight, of alcohol, or that at the time of the test more than .14 micrograms of alcohol were contained in 1 milliliter of his or her breath, consisting of substantially alveolar air; or

(2) The drug test detected the presence of a controlled substance in the officer's blood or urine.

History

• SOURCE: §3.6 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74.31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2104 ELIGIBILITY REQUIREMENTS - CRIMINAL CONVICTIONS

2104.1

(a) A person who is in either of the following categories shall not be eligible for certification as a security officer unless he or she meets the burden of proving to the Office of Administrative Hearings that he or she is not a significant safety risk to the community and meets all other requirements for certification:

(1) A person who has been released from incarceration for a felony conviction in any jurisdiction in the United States within two (2) years prior to the date of filing an application for certification; or

(2) A person who has been released from incarceration for a misdemeanor conviction in any jurisdiction in the United States involving larceny or involving the illegal use, carrying, or concealment of a dangerous weapon within one (1) year prior to the date of filing an application for certification.

(b) The provisions of this section do not preclude a security company from imposing stricter standards or from requiring a longer period of ineligibility for a felony or misdemeanor.

2104.2 Notwithstanding the provisions of § 2104.1, but subject to the one (1) year limitation in § 2104.3, if the Office of Administrative Hearings does not act upon the application of a person within sixty (60) days after it is filed, the certification shall be made if the applicant meets all other applicable requirements for certification.

2104.3 Under no circumstances shall a person convicted of a felony be certified or serve as a security officer until one (1) year after release from incarceration resulting directly or indirectly from that conviction.

2104.4 The Office of Administrative Hearings shall consider the following in determining whether an applicant is a significant safety risk:

(a) The nature of the crime for which the applicant was convicted and its relationship to the duties and circumstances of employment as a security officer;

(b) Information pertaining to the degree of rehabilitation of the applicant since the crime, including formal work experience or participation in vocational training, educational attainment, and family support;

(c) The time elapsed since the conviction; and

(d) Other evidence of personal motivation, including community volunteer work and character references.

History

• SOURCE: §3.4 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74.31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974), as amended by §2 of the Security Officer Licensing Facilitation of 1977, D.C. Law 2.29, 24 DCR 1451 (August 19, 1977); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2105 ELIGIBILITY REQUIREMENTS - CRIMINAL HISTORY

2105.1 No person shall be certified or employed as a security officer, nor shall an existing security officer have his or her certification renewed, until the Mayor has conducted a criminal history check of the applicant through the record systems of the Federal Bureau of Investigation and the Metropolitan Police Department.

2105.2 In evaluating an application for a security officer certification, the Mayor shall consider:

(a) An applicant's conviction history;

(b) Any court finding of the applicant's mental incompetence that has not been removed or expunged;

(c) An applicant's history of criminal traffic offenses;

(d) The bearing, if any, the criminal offense for which the person was previously convicted will have on his or her fitness or ability to perform one or more duties or responsibilities of a security officer;

(e) The time that has elapsed since the occurrence of the criminal offense or court finding of mental incompetence;

(f) The age of the applicant at the time of the occurrence of the criminal offense or court finding of mental incompetence;

(g) The frequency and seriousness of the criminal offense; and

(h) Any information produced by the applicant, or produced on his or her behalf, in regard to his or her rehabilitation and good conduct since the occurrence of the criminal offense or court finding of mental incompetence.

2105.3 If a security officer is arrested, the security officer shall report the arrest to the Mayor within two (2) business days. The certification of the security officer shall be suspended immediately, and the security agency shall be notified of such suspension immediately, pending further disposition. If a security officer fails to report an arrest as required, the security officer's certification shall be summarily revoked.

2105.4 The Mayor shall conduct random criminal history checks of security officers through the record systems of the Metropolitan Police Department. The certification of any security officer whose record indicates an unreported arrest or conviction shall be summarily revoked, and the security agency shall be notified of the revocation immediately. The certification of any security officer whose record indicates an outstanding warrant shall be suspended immediately, and the security agency shall be notified of the suspension immediately, pending further disposition.

2105.5 Notwithstanding any other law or regulation, the information obtained from criminal history checks conducted pursuant to this chapter considered by the Mayor shall not be limited by the date of the offense nor shall the information obtained and considered be limited to arrests resulting in conviction.

History

• SOURCE: §§2.1 and 2.4 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74-31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2106 PHOTOGRAPHS AND FINGERPRINTS

2106.1 Each applicant for certification shall submit with his or her application four (4) recent, identical, full-face photographs of the applicant, one inch by one and one-half inches (1" x 1 1/2") in size, taken not more than three (3) months prior to the date of application.

2106.2 Each applicant for certification shall furnish the Mayor with three (3) sets of the applicant's fingerprints.

2106.3 Fingerprints shall be taken by the Mayor, shall become part of the certification application, and shall be compared and recorded by the Mayor.

2106.4 At the time fingerprints are taken by the Mayor, each applicant shall be advised in writing of eligibility requirements pertaining to an applicant's criminal history.

History

• SOURCE: §§2.2 and 2.3 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74-31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974), as amended by §2 of the Security Officer Licensing Facilitation of 1977, D.C. Law 2-29, 24 DCR 1451 (August 19, 1977); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2107 INVESTIGATION OF APPLICANTS

2107.1 As promptly as possible after an application is submitted, the Mayor shall submit fingerprints of the applicant for comparison and record checks to the Federal Bureau of Investigation and to other authorities that the Mayor may deem advisable.

2107.2 The Mayor may make any other investigation of the applicant that the Mayor determines to be relevant.

2107.3 The Mayor shall report the results of each investigation to the security agency or employer within one (1) week, excluding weekends and holidays, after the results have been received.

History

• SOURCE: §3.4 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74-31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2108 EXAMINATION AND TRAINING

2108.1 When a person applies for certification, the Mayor shall supply the applicant with a brief synopsis of relevant statutes and regulations, and a clear statement of the powers and limitations of a security officer in the District, including a statement of possible penalties, as set forth in § 2100.6, for noncompliance with relevant regulations.

2108.2 Upon satisfactory completion of the investigations and determinations required by this chapter, applicants for certification shall be required to pass an examination given by the Mayor to test their security-related knowledge and their understanding of a security officer's powers, limitations, and duties.

2108.3 The examination fee for the examination required by § 2108.2 shall be established by the Mayor. The fee is not refundable.

2108.4 To qualify for certification as a security officer, an individual shall meet the eligibility and training requirements established in this chapter, and be an employee or an applicant for employment with a security firm.

2108.5 On receipt from an applicant for certification as a security officer, a security firm shall forward to the Mayor the applicant's application form, fingerprint cards, and certification that the applicant has completed the training as required in this section. For initial and renewal certifications, the security agency shall also submit a non-refundable application fee established by the Mayor that includes the cost of the fingerprint card and record checks. The application fee, pre-assignment, on-the-job, and in-service training and cost of records check shall be paid in full by the applicant's employer or prospective employer and in no circumstance shall such costs be deducted from the employee's pay.

2108.6 After receipt of an application, the Mayor shall submit, or cause to have submitted, to the Federal Bureau of Investigation, the fingerprint card submitted by the applicant for the purpose of a criminal background check.

2108.7 Security officers shall be required to satisfactorily complete pre-assignment, on-the-job, and in-service training programs which have been prescribed and approved by the Mayor.

2108.8 Pre-assignment training shall include at least 24 hours of training generally relating to the security officer's duties and specifically including:

(a) Terrorism awareness, including building evacuation, unattended packages, and unknown substances;

(b) Emergency procedures, including evacuation and first-aid; and

(c) Customer service and interaction with tourists.

2108.9 Security officers shall satisfactorily complete a 16-hour, on-the-job training course within ninety (90) working days following employment, and an 8-hour annual in-service training course.

2108.10 Upon satisfactory completion of a required training course, a security officer shall receive from his or her employer a certificate evidencing satisfactory completion thereof.

2108.11 Nothing herein shall be construed to prohibit a security agency from voluntarily providing training programs and courses which exceed the minimum requirements of this chapter.

2108.12 The training requirements established by this section shall not apply until July 1, 2007.

History

• SOURCE: §§2.5 and 3.7 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74-31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2109 TEMPORARY CERTIFICATION

2109.1 Persons eighteen (18) years old or older who meet the requirements set forth in §§ 2102, 2103, and 2106 may be issued a temporary certification card which shall contain on its face an expiration date that is not later than six (6) weeks after the date of issuance.

2109.2 Each temporary certification card shall have inscribed conspicuously across its face the word "TEMPORARY."

2019.3 If certification is neither granted nor denied by the designated expiration date, the applicant shall be entitled to a new temporary certification card.

History

• SOURCE: §2.6 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74-31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974), as amended by §2 of the Security Officer Licensing Facilitation of 1977, D.C. Law 2-29, 24 DCR 1451 (August 19, 1977); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2110 ADVERTISEMENTS AND DISPLAYS

2110.1 Every security agency that advertises its business to the public, and every person, firm, or corporation licensed as a private detective agency under Chapter 20 of this title, that provides private detective services for a fee or other consideration, and that advertises its business to the public, shall include its license number in each advertisement.

2110.2 No person shall attach to his or her personal motor vehicle any sign, plate, insignia, or other designation identifying the driver or owner as a security officer. This shall not prevent the placement of this type of identification on any car owned, leased, or otherwise used in the business of any agency or employer.

History

• SOURCE: §§4.5 and 4.6 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74.31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2111 IDENTIFICATION CARDS AND EMPLOYEE LISTS

2111.1 Upon certification by the Mayor and payment of a five dollar ($5) fee, each security officer shall receive an identification card containing a photograph of the security officer, the name and business address of the officer's employer, and a statement that the bearer is not a police officer and only has the powers of an ordinary citizen.

2111.2 The identification card shall be carried on the person of the security officer whenever he or she is engaged in his or her duties and shall be exhibited upon request to any person with whom the security officer may come in contact in the performance of his or her duties.

2111.3 Each security officer shall take due care to prevent his or her identification card from falling into the possession of any unauthorized person.

2111.4 If the identification card is lost or destroyed, a duplicate card shall be issued by the Mayor upon payment of a three dollar ($3) fee.

2111.5 Upon termination of the security officer's service, he or she shall return the identification card to the Mayor within forty-eight (48) hours, excluding weekends and holidays.

2111.6 If a security officer takes employment with another security agency or employer, a new identification card shall be issued upon payment of a one dollar ($1) fee.

2111.7 The Mayor shall collect information and maintain, on a current basis, a registry of all security officers and applicants for security officer employment in the District of Columbia. The registry shall include:

(a) The name, address, and date of birth of each security officer or applicant;

(b) Whether an identification card has been issued, denied, suspended, revoked, or expired;

(c) The security guard company or companies by whom the security officer is or has been employed or has applied for employment; and

(d) Such other information as the Mayor may require; provided, that if the registry or other security officer database includes criminal history information, that criminal history information shall not be made available to the public.

2111.8 Each security agency which employs security officers shall transmit to the Mayor, no later than the 15th day of January following the effective date of the Enhanced Professional Security Amendment Act of 2006 passed on 2nd reading on July 11, 2006 (Enrolled version of Bill 16-102), a list that shall include the information required in § 2111.7, and such other information as the Mayor may require; provided, that in no case shall the registry required under § 2111.7 or other security officer database include criminal history information. Following submission of the initial list, each security agency shall submit to the Mayor the name of each security officer employed or who has retired or been resigned or whose employment as a security officer is terminated for any reason, no later than the 15th calendar day following such employment, retirement, resignation, or termination, and, in the instance of newly appointed security officers, shall include all the information required to be furnished by this section.

2111.9 Any person shall have timely access to information contained in the registry, but limited to the following information with respect to security officers or applicants:

(a) Name;

(b) Date of birth;

(c) Employment history; and

(d) Status of certification.

2111.10 The Mayor shall continue to maintain in the registry the information required for each security officer or applicant by this section for a period of no less than 10 years following the security officer's termination, revocation, resignation, retirement, or failure to be hired or renewed, at which time the Mayor shall destroy the information.

History

• SOURCE: §4.1 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74-31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2112 UNIFORMS

2112.1 Each security officer certified under this title, including each person commissioned as a special police officer under the second paragraph of the section entitled "FOR METROPOLITAN POLICE" in An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred, and for other purposes, approved March 3, 1899 (30 Stat. 1057; D.C. Official Code § 5-129.02), shall wear a uniform approved by the Mayor which is distinctly different from the uniform of the Metropolitan Police Department.

2112.2 Minimum requirements for the uniform are a white uniform cap or a cap covered with a white cap cover and a uniform outer garment, such as a shirt, blouse, jacket, or overcoat. The outer garment shall have the patches and badges required under § 2113 clearly visible at all times.

2112.3 White caps or caps covered by white cap covers shall be worn at all times by security officers during performance of duties involving crowd control at special events.

2112.4 Each security officer shall take due care to prevent his or her uniform from falling into the possession of any unauthorized person.

History

• SOURCE: §4.2 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74-31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by §2 of the Uniform Officers Regulation Amendment Act of 1984, D.C. Law 5-180, 32 DCR 770 (February 8, 1985); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2113 BADGES, PATCHES, AND EMBLEMS

2113.1 No security officer shall wear or carry a metal or metallic-appearing badge.

2113.2 A distinctive cloth badge worn on a security officer's left breast is permitted if the prior written permission of the Mayor is obtained.

2113.3 Notwithstanding the corporate name of the security agency, the words "police," "United States," and "District of Columbia," or abbreviations of those words, and the seals or insignias of the United States and the District of Columbia shall not be used on any badge, patch, emblem, or uniform.

2113.4 Uniforms bearing emblems and patches that meet the following requirements and restrictions shall be approved by the Mayor and shall be worn by security officers:

(a) Shoulder shall be red in color, bear the name of the employer or security agency, and shall have white, clearly legible lettering;

(b) The name of the security agency or employer shall be spelled out in full on the patches;

(c) Initials shall not be allowed, and abbreviations are permissible only with the prior written permission of the Mayor;

(d) Patches may bear a security agency or employer design insignia which has been approved in writing by the Mayor;

(e) Patches shall be of half-moon design;

(f) Patches shall be three inches (3") high by five inches (5") wide;

(g) A patch shall be worn on each shoulder of a shirt, blouse, jacket, or overcoat; and

(h) A patch bearing the words "Security Officer" shall be worn on the right breast. This patch shall be four and one-half inches (4 1/2") long and one inch (1") high. This patch shall be red with white lettering.

2113.5 An employee may wear an appropriate designation of his or her rank (such as sergeant) on either or both sleeves. Chevrons shall be red in color with white piping. If the employee is of officer rank, he or she may wear the appropriate emblem on the collar or shoulders of the uniform shirt, jacket, or blouse.

2113.6 The word "INSPECTOR," or an abbreviation of that word, shall not appear on any badge, patch, emblem, or uniform.

2113.7 A non-metal cap ornament that does not have a metallic appearance may be worn. It may carry the rank of the employee and shall bear the name of the security agency or employer.

2113.8 Any deviation from the requirements of §§ 2113.4, 2113.5, 2113.6, or 2113.7 shall require the prior written approval of the Mayor.

2113.9 The provisions of §§ 2113.4, 2113.5, 2113.6, and 2113.7 apply only to security officers. No other uniformed security personnel licensed, commissioned, or certified by the District shall wear badges, patches, or emblems that are red with white lettering, or that are not readily discernible from those badges, patches, and emblems.

2113.10 Each security officer shall take due care to prevent his or her badges, patches, and emblems from falling into the possession of any unauthorized person.

History

• SOURCE: §§4.3(a), 4.3(b), 4.3(c), and 4.4 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74.31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2114 CERTIFICATION RENEWAL

2114.1 A security officer shall be required to apply for a renewal certification of his or her license biannually.

2114.2 A security officer shall not be required to repeat the examination under § 2108.2 for license renewal.

2114.3 For each license renewal, the Mayor shall update all background checks, especially the investigations for criminal convictions.

2114.4 A security officer may continue to work while awaiting notification of acceptance or denial of renewal certification.

2114.5 When granted, a renewal certification shall be dated as of the expiration date of the previously existing certification.

History

• SOURCE: §3.2 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74-31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2115 [RESERVED]

17 DCMR § 2116 [RESERVED]

17 DCMR § 2117 [RESERVED]

17 DCMR § 2118 [RESERVED]

17 DCMR § 2119 [RESERVED]

17 DCMR § 2120 DENIAL, SUSPENSION, AND REVOCATION OF CERTIFICATION

2120.1 Certification of a security officer shall be subject to denial, suspension, or revocation for any of the following reasons:

(a) Material misstatement in the license application;

(b) Violation of requirements pertaining to identifications cards, uniforms, badges, advertising, and displays as set forth in §§ 2110, 2111, 2112, and 2113;

(c) Failure or refusal to comply with any statute or regulation governing security officers, or the willful and fraudulent circumvention of any statute or regulation;

(d) Conviction of a felony while employed as a security officer; provided, that denial, suspension, or revocation for this reason shall not prevent a person from reapplying for certification;

(e) Conviction for a misdemeanor involving theft, fraudulent conduct, assault, or false arrest or imprisonment;

(f) Conviction of any offense arising out of or based on employment as a security officer which involved a breach of trust or an invasion of privacy; or

(g) Carrying a deadly weapon, handcuffs, or an aerosol chemical dispenser in the course of employment. This does not prohibit the carrying of a night stick constructed solely of wood.

2120.2 Whenever the Mayor proposes to deny, suspend, or revoke a certification under this chapter, notice shall be given to the applicant or security officer.

2120.3 Each notice issued under § 2120.2 shall be in writing and shall be signed by the Mayor.

2120.4 Each notice shall state or contain the following:

(a) The facts constituting each violation or other basis for the action proposed;

(b) Where applicable, each statutory provision or regulation violated or not complied with;

(c) The nature of the adverse action proposed in the matter;

(d) A statement advising the applicant or security officer that he or she is entitled to a full hearing, if requested, in which the Mayor's action may be reversed; and

(e) Information about the time and manner in which an appeal must be filed.

History

• SOURCE: §§5.1, 5.2(a), and 5.2(b) of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74.31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2121 SERVICE OF NOTICE

2121.1 Each notice issued under § 2120 shall be served upon the applicant or security officer in the manner prescribed in this section.

2121.2 Notice shall be deemed to have been served upon the person to whom it is directed when a copy of it has been served by one of the following means:

(a) Personally delivering a copy to the person named in the notice;

(b) Leaving a copy at the address stated on the certification or application with a person over sixteen (16) years of age who is employed at or is a resident of that address; or

(c) Mailing a copy by certified mail, postage prepaid, to the address stated on the certification or application, which is not returned undelivered by the postal authorities, except as provided in § 2121.3.

2121.3 If a notice mailed as authorized by § 2121.2(c) is returned by the postal authorities because the addressee refused to accept delivery, it shall be deemed to have been served on the addressee on the date of that refusal.

History

• SOURCE: §5.2(b) of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74-31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2122 HEARINGS

2122.1 A person on whom notice has been served pursuant to § 2120 and § 2121 may file a written demand for a hearing with the Office of Administrative Hearings.

2122.2 If notice was served personally, the demand for hearing shall be filed within twenty (20) calendar days from the date on which the notice was served.

2122.3 If the notice was served other than personally, the demand for hearing shall be filed within twenty-four (24) calendar days from the date on which it was served (including the date it was mailed, if served in accordance with § 2121.2(c)).

2122.4 Filing the demand for hearing shall not in itself stay enforcement of the action of the Mayor.

2122.5 The Mayor may grant, or the Office of Administrative Hearings may order, a stay upon appropriate terms.

2122.6 Each applicant or security officer shall be entitled to a hearing within twenty-one (21) days of demand.

2122.7 Each hearing shall provide full procedural safeguards to the officer or applicant, including the right to be represented by his or her own legal counsel and the right to confront and cross-examine witnesses.

2122.8 A record shall be kept of the proceedings of each hearing.

History

• SOURCE: §5.3 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74.31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2123 APPEALS

2123.1 If the Office of Administrative Hearings upholds the denial, suspension, or revocation of certification, the applicant or security officer may seek review of the order by filing an appeal with the District of Columbia Court of Appeals.

2123.2 The appeal shall be filed with the Court of Appeals within the time limit prescribed by court rules.

2123.3 Filing of the appeal shall not in itself stay enforcement of the action of the Mayor or the order of the Office of Administrative Hearings.

2123.4 The Mayor may grant, or the Office of Administrative Hearings or the Court of Appeals may order, a stay upon appropriate terms.

History

• SOURCE: §§5.4 and 5.6 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74.31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2124 SECURITY AGENCY LICENSE

2124.1 Except as otherwise provided in this chapter, an individual or a firm shall be licensed by the Mayor as a security agency before the individual or firm may conduct or solicit to engage in a business that provides security services in the District of Columbia.

2124.2 An individual or a firm may qualify for a license as a security agency. If the applicant is a firm, the firm shall appoint a firm member as the representative member to make the application on behalf of the firm.

2124.3 No applicant shall be licensed as a security agency unless the Chief of Police of the Metropolitan Police Department, or his or her designee, certifies to the Mayor that the Chief of Police approves of the issuance of the license.

2124.4 Each individual or firm applying for a license shall submit to the Mayor, under oath, any information that the Mayor may require to assist in determining whether granting the license will be in the public interest.

2124.5 Application for a license to engage in business as a security agency shall be made to the Mayor on a form prescribed by the Mayor, to include the documents required by this chapter, and shall be accompanied by the license fee required by law.

2124.6 An applicant for a security agency license shall pay to the District an application fee of $500, if the applicant is an individual, or $1,000, if the applicant is a firm.

2124.7 If the applicant is an individual, the application form provided by the Mayor shall require the name of the applicant, the age of the applicant, the address of the applicant, and the current and previous employment of the applicant.

2124.8 If the applicant is a firm, the application form provided by the Mayor shall require a list of all of the firm members, and for each firm member, the same information required regarding an individual applicant under § 2124.7.

2124.9 For all applicants, the application form shall require:

(a) The address of the applicant's proposed principal place of business and of each proposed branch office;

(b) Any trade or fictitious name that the applicant intends to use while conducting the business of the security agency;

(c) The submission of a facsimile of any trademark that the applicant intends to use while conducting the business of the security agency; and

(d) As the Mayor considers appropriate, any other information to assist in the evaluation of an individual applicant, or if the applicant is a firm, any firm member.

2124.10 If the applicant is an individual, the application form shall be signed, under oath, by the individual. If the applicant is a firm, the application form shall be signed, under oath, by the representative member, as the representative member, and by all the other firm members.

2124.11 An applicant for a license shall submit with the application form a bond in accordance with the requirements of this chapter.

2124.12 An applicant for a license who intends to employ at least five (5) individuals as security guards shall submit with the application proof of liability insurance, as required under this chapter.

History

• SOURCE: Amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2125 ISSUANCE, RENEWAL, AND DISPLAY OF LICENSES FOR SECURITY AGENCIES

2125.1 The Mayor shall issue a 2-year license to each applicant for a security agency license who meets the requirements of this chapter.

2125.2 Each security agency license shall include:

(a) A certificate stating the full name of the licensee;

(b) The location of the principal office and of each branch office of the licensed security agency;

(c) The date of issuance of the license;

(d) The date on which the license expires; and

(e) The name and address of the representative member, if the licensee is a firm.

2125.3 While a security agency license is in effect, it authorizes the licensee to:

(a) Conduct a business that provides security officer services for compensation or for hire;

(b) Maintain an office for the conduct of business at each location stated in the security agency license certificate;

(c) Employ certified individuals as security personnel to provide security officer services to the public on behalf of the licensee; and

(d) Represent the licensee to the public as a licensed security agency.

2125.4 Unless a security agency license is renewed for a 2-year term as provided in this section, the license expires on the date the Mayor sets.

2125.5 At least one month before a security agency license expires, the Mayor shall mail to the licensee, at the last known address of the licensee, a renewal application form, and a notice that states:

(a) The date on which the current license expires;

(b) That the Mayor must receive the renewal application and the statements required under this chapter at least fifteen (15) days before the license expiration date for the renewal to be issued and mailed before the license expires;

(c) The amount of the renewal fee;

(d) That, if the statements required under this chapter are not received at least 15 days before the license expiration date, a fee of $10 per day shall be charged against the licensee until the statements are received; and

(e) That the submission of a false statement in the renewal application or in the annual statements is cause for revocation of the license.

2125.6 A security agency licensee periodically may renew the license for an additional 2-year term, if the licensee:

(a) Otherwise is entitled to be licensed;

(b) Pays to the District a renewal fee of $250, if the licensee is an individual, or $500, if the licensee is a firm, along with any late fee required under this chapter; and

(c) Submits to the Mayor a renewal application on a form that the Mayor provides, along with the statements required under this chapter.

2125.7 The Mayor shall renew the security agency license of each licensee who meets the requirements of this section.

2125.8 If the Mayor does not receive the documents required under this section at least fifteen (15) days before the license expiration date, the Mayor shall charge the licensee a late fee of $10 per day until the documents are received.

History

• SOURCE: Amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2126 DENIAL, SUSPENSION, AND REVOCATION OF SECURITY AGENCY LICENSE

2126.1 The Mayor may deny a security agency license to any individual or firm, reprimand any licensed security agency, fine any licensed security agency, or suspend or revoke a security agency's license if the applicant or licensee engages in any of the following:

(a) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

(b) Fraudulently or deceptively uses a license;

(c) Aids an individual to obtain or to attempt to obtain fraudulently or deceptively certification under this title as a security officer;

(d) While not licensed, solicits to engage in or willfully engages in a business providing security officer services in the District;

(e) While not licensed, willfully advertises as a security agency or of the provision of security officer services;

(f) Willfully makes a false statement or misrepresentation that an individual is or was in the employ of the applicant or licensee;

(g) Willfully makes a false statement or misrepresentation in any renewal application, in any annual statement, or in any other report or document required to be submitted;

(h) Fails to notify the Mayor about any change among the security agency members or in the address of the principal office or any branch office of a licensee;

(i) Fails to maintain a bond as required by this chapter;

(j) Fails to maintain the liability insurance required under this chapter;

(k) Fails to adequately supervise and train its security officer employees to the extent that the public health or safety is at risk or in violation of the training required by this chapter; or

(l) Commits any other violation under this chapter.

2126.2 For purposes of this section, an act or omission of any principal, agent, or employee of an applicant or licensee may be construed to be the act or omission of the applicant or licensee, as well as of the principal, agent, or employee.

2126.3 When the Mayor finds any violation specified in this section, he or she may do one or more of the following:

(a) Deny an initial or renewal application;

(b) Issue a reprimand;

(c) Impose an administrative fine not to exceed $1,000 for every count or separate offense;

(d) Place the licensee on probation for a period of time and subject to such conditions as the Mayor may specify; or

(e) Suspend or revoke the license.

2126.4 Whenever the Mayor proposes to deny, suspend, or revoke a license, or impose an administrative fine under this chapter, notice shall be given to the applicant or security agency in accordance with the procedures set forth in §§ 2120 and 2121 for an applicant for certification as a security officer or a security officer, and the applicant for a security agency license or a security agency shall be afforded the opportunity for an administrative hearing and the right to appeal in accordance with the procedures set forth in §§ 2122 and 2123 for an applicant for certification as a security officer or a security officer.

2126.5 In addition to, or in lieu of, the penalties and sanctions provided in this chapter, the Mayor may issue an order to any person or firm engaged in any activity, conduct, or practice constituting a violation of any provision of this chapter, directing such person or firm to forthwith cease and desist from such activity, conduct, or practice.

2126.6 If the person or firm to whom the Mayor directs a cease and desist order does not cease and desist within three (3) working days from service of the order, the District may seek, in any court of competent jurisdiction and proper venue, a writ of injunction enjoining such a person or firm from engaging in any activity, conduct, or practice prohibited by this chapter.

2126.7 Upon a proper showing by the Mayor that such a person or firm has engaged in any activity, conduct, or practice prohibited by this chapter, the court shall issue a temporary restraining order restraining the person or firm from engaging in unlawful activity, pending a hearing on a preliminary injunction, and in due course a permanent injunction shall be issued after a hearing, commanding the cessation of the unlawful activity.

History

• SOURCE: Amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17 DCMR § 2127 SECURITY AGENCY BOND AND LIABILITY INSURANCE

2127.1 [REPEALED]

2127.2 [REPEALED]

2127.3 [REPEALED]

2127.4 [REPEALED]

2127.5 [REPEALED]

2127.6 A security agency that employs five (5) or more individuals as security officers shall maintain general liability insurance in an amount not less than $250,000 per occurrence and $600,000 in the aggregate, and submit proof of the required insurance to the Mayor.

2127.7 No security agency license may be issued to an applicant, nor may a security agency license be renewed unless the applicant or security agency has submitted proof that the insurance requirements of this section have been met.

History

• SOURCE: Amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006); as amended by the Omnibus Public Safety and Justice Amendment act of 2009, effective December 10, 2009 (D.C. Law 18-189), published at 56 DCR 7413, 7448 (September 11, 2009).

17 DCMR § 2199 DEFINITIONS

2199.1 The following definitions shall apply to terms used in this chapter:

Campus security department - A division of a university campus that provides security services for the protection of students, faculty, staff, and visitors while they are on campus.

Certification - The permission that must be granted by the Mayor before a person can lawfully be employed as a security officer in the District of Columbia.

Certification card - A card issued by the Mayor to an individual certified as a security officer.

Chief of Police - The Chief of the Metropolitan Police Department of the District of Columbia or his or her designated agent.

Employer - Unless the context implies otherwise, a person, firm, corporation, or other private organization providing security services exclusively in connection with the affairs of the one business organization that employs them.

Firm - A partnership, corporation, or other private entity employing security personnel.

Firm member - A partner of a partnership, or an officer or secretary of a corporation, or a director of a private entity employing security personnel.

License - Unless the context requires otherwise, a license issued by the Mayor to conduct a business to provide security services.

Licensed security agency - A person or entity that is licensed by the Mayor to conduct a business that provides security services.

Mayor - The Mayor of the District of Columbia or the Mayor's agent or designee.

Private detective agency - A person, firm, or corporation which is licensed as a private detective agency under D.C. Official Code § 47-2839 and Chapter 20 of this title to provide private detective services for a fee or other consideration.

Security agency - A person or entity who conducts a business that provides security services.

Security services - Any activity that is performed for compensation by a security officer or special police officer to protect an individual or property, except as otherwise provided in this chapter.

Supervision - Release from incarceration, and the conclusion of any court-ordered parole, probation, or supervision.

History

• SOURCE: §1.1 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74-31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006).

17-22 COAL DEALERS

17 DCMR § 2200 GENERAL PROVISIONS

2200.1 No person shall sell coal in the District of Columbia except a licensed dealer or the licensed agent of a licensed dealer.

2200.2 Each dealer in coal and each person selling coal as an agent shall secure a license for each year or part of a year.

2200.3 Violation of any of the provisions of this chapter shall subject the offender to the penalties prescribed in D.C. Code §47-2846 (1981).

History

• SOURCE: Commissioners' Order 298,901/1, issued March 7, 1939, 5X DCRR § 1.2.

17 DCMR § 2201 APPLICATION FOR LICENSE

2201.1 Each application for a coal dealer's license shall be made on a form prescribed by the Mayor.

2201.2 Each application shall contain the following information:

(a) The name and address of applicant;

(b) The name under which business is conducted;

(c) The form of ownership (individual, partnership, or corporation);

(d) The address of the principal place of business;

(e) If a partnership, the names and addresses of all partners;

(f) If a corporation, the names and addresses of officers and directors, the date of incorporation, the jurisdiction of incorporation, and the amount of capital stock;

(g) The number of trucks owned or operated for use of the coal business;

(h) The date of commencement of business under name indicated;

(i) The number of tons of coal sold during the preceding calendar year;

(j) Whether the owner or any partner, officer, or director has any financial interest in any other concern selling coal in the District of Columbia. If so, the name of the concern(s);

(k) The location of yards or other storage space used by the business; and

(l) Any other information that may be required by the Mayor.

2201.3 Each application shall be sworn to before an officer authorized to administer oaths.

History

• SOURCE: Commissioners' Order 298,901/1, issued March 7, 1939, 5X DCRR § 1.1a.

17 DCMR § 2202 METAL LICENSE PLATES

2202.1 Each coal dealer required to be licensed shall be provided with metal plates for each truck owned by the licensee and used for delivery of coal.

2202.2 Each metal plate shall contain the following:

(a) A number, which also shall be stated on the truck license;

(b) The words "Licensed Coal Truck - District of Columbia;" and

(c) The expiration date of the license.

2202.3 The number and date on the metal plate shall be in letters and figures not less than two inches (2") in height.

2202.4 The metal license plate shall be conspicuously attached on the left side of each vehicle.

2202.5 The number of metal license plates issued to a licensee shall not exceed the number of licensed trucks owned or operated by that licensee unless additional application in prescribed form setting forth sufficient cause is made, under oath, for each additional license plate.

2202.6 No coal dealer shall permit use of any license plate issued under this section by any person other than the dealer.

2202.7 No person shall use any license plate issued to any person other than himself or herself.

History

• SOURCE: Commissioners' Order 298,901/1, issued March 7, 1939, 5X DCRR §§1.1b, 1.1c, and 1.3b.

17 DCMR § 2203 COAL TRUCK LICENSE

2203.1 Each coal truck license shall contain the following information:

(a) The name and address of owner of vehicle;

(b) The coal truck license plate number;

(c) The date of issuance and the date of expiration;

(d) The motor vehicle registration number;

(e) The year and place of registration;

(f) The make, weight, and motor number of the vehicle;

(g) The serial number of the body of the vehicle, if any;

(h) The coal capacity of the vehicle in cubic feet (ft.3);

(i) The number of permanent compartments in the vehicle and the capacity of each compartment in cubic feet (ft.3); and

(j) The number of sideboards on the vehicle, if any.

2203.2 The license shall be in the possession of the operator of the truck or other vehicle when in use, and the driver shall exhibit the license on demand.

2203.3 Each application for a coal truck license shall be made under oath on a form prescribed by the Mayor, and shall contain the information required under §2203.1.

2203.4 In the case of any truck or other vehicle that is the subject of a conditional sales agreement, chattel mortgage, or any other document or agreement by virtue of which title remains in the seller pending the payment of the purchase price, the vendee or mortgagor shall be deemed the owner of the vehicle so long as the vehicle remains in his or her possession or control.

2203.5 Each coal truck or other vehicle for which application for a license is made shall be inspected by an Inspector of Weights, Measures, and Markets, who shall certify on the application as to the correctness of the information contained in the application.

History

• SOURCE: Commissioners' Order 298,901/1, issued March 7, 1939, 5X DCRR §§ 1.3d, 1.3e, 1.3f, and 1.3g.

17 DCMR § 2204 COAL DEALERS' AGENTS

2204.1 Each person selling coal as an agent shall secure a license for each year or part of a year.

2204.2 No license shall be issued to any person to sell coal as an agent except as the agent of a licensed coal dealer.

2204.3 Each application shall contain the following information:

(a) The name and address of applicant;

(b) The name and address of dealer for whom the applicant will sell coal, with the number of that dealer's license;

(c) The length of time applicant has been selling coal, if any;

(d) The names and addresses of employers for the past five (5) years;

(e) Crimes of which the applicant has been convicted, if any;

(f) Whether the applicant has ever secured a license from any other District department and which department;

(g) The names and addresses of at least three (3) references;

(h) A statement from the dealer setting forth that the applicant is the dealer's authorized agent; and

(i) Any other information required by the Mayor.

2204.4 Each application for a license as agent to sell coal shall be made on a form prescribed by the Mayor.

2204.5 Each application shall be sworn to before an officer authorized to administer oaths.

History

• SOURCE: Commissioners' Order 298,901/1, issued March 7, 1939, 5X DCRR §§1.2a and 1.2b.

17-23 REAL ESTATE APPRAISERS

17 DCMR § 2300 GENERAL PROVISIONS

2300.1 This chapter shall apply to holders of and applicants for a license to practice real estate appraising. The purpose of this chapter is to establish and enforce education, experience, and practice standards that will allow individuals licensed in the District of Columbia to perform appraisals for federally related and non-federally related real estate transactions.

2300.2 17 DCMR Chapter 33 (General Rules) shall supplement this chapter and establish the procedural requirements associated with initiating and holding disciplinary proceedings against licensees. In the event that a provision within 17 DCMR Chapter 33 conflicts with this chapter or the Non-Health Related Occupations and Professions Licensure Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 47-2853.01 et seq. (2001)) (the Act), the applicable provision within this chapter or the Act shall control.

2300.3 The Board may meet at least once a month in public session, but shall not meet less than four times per year. The Board shall publish notice of the time and place of each meeting in the D.C. Register at least one week in advance of the meeting. The public has the right to appear before the Board and testify on subjects within the Board's jurisdiction.

2300.4 The Board shall elect a chairperson from among the members of the Board. The Chairperson shall have the authority to sign all official documents issued on behalf of the Board, after approval by the Board.

2300.5 A majority of the legislated size of the Board shall be present at a meeting in order to constitute the quorum necessary to conduct official business.

2300.6 A majority vote of all Board members present and voting is necessary and sufficient for any action taken by the Board.

2300.7 Board members may convene in small committees of not less than three Board members to carry out specific functions of the Board, such as holding disciplinary hearings, if the full Board ratifies the actions of the small committees.

2300.8 Copies of all records and papers pertaining to licensure, inspections, investigations, and other matters under the jurisdiction of the Board shall be maintained by the Department on behalf of the Board. Copies of all records and papers duly certified and authenticated by the seal of the Board shall be received in evidence in all courts equally, and with like effect as the original, subject to the rules of evidence.

2300.9 It shall be Board policy to retain jurisdiction over the hearing process for each disciplinary matter that it initiates unless the Board, by majority vote, agrees to send a disciplinary matter to the Office of Administrative Hearings (OAH) for adjudication pursuant to D.C. Official Code § 2-1831.01 et seq. (2003 Supp.). Any disciplinary proceeding initiated by the Board, and any hearing or other conference held by the Board pursuant thereto, shall comply with the requirements of this chapter and the Act.

2300.10 Any licensee adversely impacted by a final OAH decision in a case initiated by the Board from the Board's issuance of 'Charges and Specifications' against a licensee, except those decisions related to procedural matters not under the Board's jurisdiction, may appeal the OAH decision to the Board. Appeals from any Board decision, whether rendered by the Board in its capacity as an initial hearing body or as an appellate body, shall be made to the D.C. Court of Appeals.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008).

17 DCMR § 2301 GENERAL REQUIREMENTS FOR LICENSURE

2301.1 An applicant for a license shall do the following:

(a) Submit a completed application on a form that the Board supplies;

(b) Pay the required fees;

(c) Submit to the Board all required supporting credentials, documents, and materials that the Board requests including the following:

(1) Transcripts;

(2) References;

(3) Test scores;

(4) Proof of successful completion of prelicensing or precertification coursework; and

(5) A completed and notarized affidavit of work experience;

(d) Submit with the application two (2) recent passport-type photographs of the applicant’s face measuring two inches by two inches (2 in. x 2 in.); and

(e) If applicable, the applicant shall submit proof of having passed the examination that the Board requires for the level of licensure desired by the applicant.

2301.2 Applicants shall be at least eighteen (18) years of age.

2301.3 Applicants may not have been convicted of an offense that bears directly on the fitness of the applicant to be licensed.

2301.4 Application fees and examination fees are not refundable.

2301.5 An applicant may not have been convicted of a crime in any jurisdiction or disciplined by any regulatory body in any jurisdiction for any activity that either would be grounds for the Board to discipline the applicant or would impair the applicant's ability to transact the business of a licensed or certified real property appraiser, or appraiser trainee.

2301.6 An applicant may not have been convicted, in any jurisdiction, of an offense bearing directly upon the applicant's fitness to be licensed under this chapter or the Act. Any plea of nolo contendere shall be considered a conviction for the purposes of these regulations.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Notice of Final Rulemaking published at 58 DCR 10590 (December 16, 2011).

17 DCMR § 2302 PRELICENSURE EDUCATION REQUIREMENTS

2302.1 Prior to applying for licensure, applicants for the Appraiser Trainee classification shall fulfill the requirements of § 2323.

2302.2 (a) Until January 1, 2026, applicants for the Licensed Residential Real Property Appraiser classification shall have obtained one hundred fifty (150) classroom hours of courses in subjects related to real estate appraisal as specified in § 2302.10(b). The one hundred fifty (150) classroom hours may include the seventy-five (75) classroom hour requirement for the Appraisal Trainee classification.

(b) Effective January 1, 2026, applicants for the Licensed Residential Real Property Appraiser classification shall have obtained one hundred fifty-eight (158) classroom hours of courses in subjects related to real estate appraisal as specified in § 2302.10(b). The one hundred fifty-eight (158) classroom hours may include the eighty-three (83) classroom hour requirement for the Appraisal Trainee classification.

2302.3 Applicants for the Certified Residential Real Property Appraiser classification shall have obtained the following education:

(a) Until January 1, 2026:

(1) Two hundred (200) classroom hours in subjects related to real estate appraisal as specified in § 2302.10(c). The two hundred (200) classroom hours may include the one hundred fifty (150) classroom hour requirement for the Licensed Real Property Appraiser classification; and

(2) Successful completion of one of the following:

(A) A baccalaureate degree or higher, in any field of study, from an accredited college or university;

(B) An associate’s degree in a field of study related to business administration, accounting, finance, economics, or real estate;

(C) Thirty (30) semester hours of college-level courses in the topic areas specified by the AQB in the Criteria; or

(D) Thirty (30) semester hours of College Level Examination Program in the topic areas specified by the AQB in the Criteria.

(b) Effective January 1, 2026:

(1) Two hundred (200) classroom hours in subjects related to real estate appraisal as specified in § 2302.10(c). The two hundred (200) classroom hours may include the eighty-three (83) classroom hour requirement for the Appraisal Trainee classification or the one hundred fifty-eight (158) classroom hour requirement for the Licensed Real Property Appraiser classification; and

(2) Successful completion of one of the following:

(A) A baccalaureate degree or higher, in any field of study, from an accredited college or university;

(B) An associate’s degree in a field of study related to business administration, accounting, finance, economics, or real estate;

(C) Thirty (30) semester hours of college-level courses in the topic areas specified by the AQB in the Criteria; or

(D) Thirty (30) semester hours of College Level Examination Program in the topic areas specified by the AQB in the Criteria.

2302.4 Applicants for the Certified General Real Property Appraiser classification shall have obtained the following education:

Until January 1, 2026:

(1) A baccalaureate degree or higher, in any field of study, from an accredited college or university; and

(2) Three hundred (300) classroom hours of courses in subjects related to real estate appraisal as specified in § 2302.10(d). The three hundred (300) hours may include the one hundred fifty (150) classroom hours required for the Licensed Residential Appraiser classification or the two hundred (200) classroom hours required for the Certified Residential Real Property Appraiser classification.

Effective January 1, 2026:

(1) A baccalaureate degree or higher, in any field of study, from an accredited college or university; and

(2) Three hundred (300) classroom hours of courses in subjects related to real estate appraisal as specified in § 2302.10(d). The three hundred (300) hours may include the eighty-three (83) classroom hours required for the Appraisal Trainee classification, the one hundred fifty-eight (158) classroom hours required for the Licensed Residential Appraiser classification, or the two hundred (200) classroom hours required for the Certified Residential Real Property Appraiser classification.

2302.5 (a) Until January 1, 2026, the Board shall not grant credit toward the prelicensure classroom hour requirement unless the length of a class is at least fifteen (15) hours and the individual passes an examination pertinent to that class.

Effective January 1, 2026, except for the Valuation Bias and Fair Housing Laws and Regulations Course, the Board shall not grant credit toward the prelicensure classroom hour requirement unless the length of a class is at least fifteen (15) hours, and the individual passes an examination pertinent to that class.

2302.6 Prelicensure course coverage on the USPAP for all license classifications shall include the greater of fifteen (15) hours or the minimum hours required by the AQB.

2302.7 Prelicensure education credit for the fifteen (15)-Hour National USPAP Course shall only be awarded to licensees completing a USPAP course taught by an AQB-certified instructor who is also a certified appraiser.

2302.8 The applicant shall list all qualifying courses, seminars, workshops, or conferences on the Board’s official form. The applicant shall sign the form and have the form notarized by a notary public. The applicant shall attach proof of completion of the required courses to the application, which shall consist of course certificates signed by the course providers or an official transcript in an envelope sealed by the school.

2302.9 An applicant shall not use courses that he or she has taught to satisfy the prelicensure or precertification educational requirements.

2302.10 (a) Until January 1, 2026, the required prelicensure core curriculum for each license classification shall meet or exceed the requirements that the AQP establishes. Course content shall substantially comply with the AQB’s guidelines for curriculum content as indicated in the AQB required core curriculum, “AQB Guide Note 1 (GN-1).” The prelicensure core curriculum for each license classification shall be as follows:

(1) Appraisal Trainee (total – seventy-five (75) hours):

(A) Basic appraisal principles – thirty (30) hours;

(B) Basic appraisal procedures – thirty (30) hours; and

(C) The fifteen (15)-Hour National USPAP Course or its equivalent;

(2) Licensed Residential Real Property Appraiser classification shall include coverage of the following topics (total – one hundred fifty (150) hours):

(A) Basic appraisal principles – thirty (30) hours;

(B) Basic appraisal procedures – thirty (30) hours;

(C) The fifteen (15)-Hour National USPAP Course or its

equivalent – fifteen (15) hours;

(D) Residential market analysis and highest and best use – fifteen (15) hours;

(E) Residential appraiser site valuation and cost approach – fifteen (15) hours;

(F) Residential sales comparison and income approaches – thirty (30) hours; and

(G) Residential report writing and case studies – fifteen (15) hours;

(3) Certified Residential Real Property Appraiser (total – two hundred

(200) hours):

(A) Basic appraisal principles – thirty (30) hours;

(B) Basic appraisal procedures – thirty (30) hours;

(C) The fifteen (15)-Hour National USPAP Course or its equivalent – fifteen (15) hours;

(D) Residential market analysis and highest and best use – fifteen (15) hours;

(E) Residential appraiser site valuation and cost approach – fifteen (15) hours;

(F) Residential sales comparison and income approaches – thirty (30) hours;

(G) Residential report writing and case studies – fifteen (15) hours;

(H) Statistics, modeling, and finance – fifteen (15) hours;

(I) Advanced residential applications and case studies – fifteen (15) hours; and

(J) Appraisal subject matter electives – twenty (20) hours (may include hours over minimum shown above in other modules); and

(4) Certified General Real Property Appraiser (total – three hundred (300) hours):

(A) Basic appraisal principles – thirty (30) hours;

(B) Basic appraisal procedures – thirty (30) hours;

(C) The fifteen (15)-Hour National USPAP Course or its equivalent – fifteen (15) hours;

(D) General appraiser market analysis and highest and best use – thirty (30) hours;

(E) Statistics, modeling, and finance – fifteen (15) hours;

(F) General appraiser sales comparison approach – thirty (30) hours;

(G) General appraiser site valuation and cost approach – thirty (30) hours;

(H) General appraiser income approach – sixty (60) hours;

(I) General appraiser report writing and case studies – thirty (30) hours; and

(J) Appraisal subject matter electives – thirty (30) hours (may include hours over minimum shown above in other modules).

(b) Effective January 1, 2026, the required prelicensure core curriculum for each license classification shall meet or exceed the requirements established by the AQB. Course content shall substantially comply with the AQB’s guidelines for curriculum content as indicated in the AQB required core curriculum, “AQB Guide Note 1 (GN-1)”, and the Course Outline for the Valuation Bias and Fair Housing Laws and Regulations Course, published by the Appraisal Foundation in its Summary of Actions: July 2026 Criteria. The prelicensure core curriculum for each license classification shall be as follows:

(1) Appraisal Trainee (total - eighty-three (83) hours):

(A) Basic appraisal principles - thirty (30) hours;

(B) Basic appraisal procedures - thirty (30) hours;

(C) The fifteen (15)-Hour National USPAP Course or its equivalent; and

(D) The Valuation Bias and Fair Housing Laws and Regulations Course - eight (8) hours;

(2) Licensed Residential Real Property Appraiser classification shall include coverage of the following topics (total - one hundred fifty-eight (158) hours):

(A) Basic appraisal principles - thirty (30) hours;

(B) Basic appraisal procedures - thirty (30) hours;

(C) The fifteen (15)-Hour National USPAP Course or its equivalent - fifteen (15) hours;

(D) The Valuation Bias and Fair Housing Laws and Regulations Course - eight (8) hours;

(E) Residential market analysis and highest and best use - fifteen (15) hours;

(F) Residential appraiser site valuation and cost approach - fifteen (15) hours;

(G) Residential sales comparison and income approaches - thirty (30) hours; and

(H) Residential report writing and case studies - fifteen (15) hours;

(3) Certified Residential Real Property Appraiser (total - two hundred(200) hours):

(A) Basic appraisal principles - thirty (30) hours;

(B) Basic appraisal procedures - thirty (30) hours;

(C) The fifteen (15)-Hour National USPAP Course or its equivalent - fifteen (15) hours;

(D) The Valuation Bias and Fair Housing Laws and Regulations Course - eight (8) hours;

(E) Residential market analysis and highest and best use - fifteen (15) hours;

(F) Residential appraiser site valuation and cost approach - fifteen (15) hours;

(G) Residential sales comparison and income approaches - thirty (30) hours;

(H) Residential report writing and case studies - fifteen (15) hours;

(I) Statistics, modeling, and finance - fifteen (15) hours;

(J) Advanced residential applications and case studies - fifteen (15) hours; and

(K) Appraisal subject matter electives - twelve (12) hours, which may include hours over minimum shown above in other modules; and

(4) Certified General Real Property Appraiser (total - three hundred (300) hours):

(A) Basic appraisal principles - thirty (30) hours;

(B) Basic appraisal procedures - thirty (30) hours;

(C) The fifteen (15)-Hour National USPAP Course or its equivalent - fifteen (15) hours;

(D) The Valuation Bias and Fair Housing Laws and Regulations Course - eight (8) hours;

(E) General appraiser market analysis and highest and best use - thirty (30) hours;

(F) Statistics, modeling, and finance - fifteen (15) hours;

(G) General appraiser sales comparison approach - thirty (30) hours;

(H) General appraiser site valuation and cost approach - thirty (30) hours;

(I) General appraiser income approach - sixty (60) hours;

(J) General appraiser report writing and case studies - thirty (30) hours; and

(K) Appraisal subject matter electives - twenty-two (22) hours, which may include hours over minimum shown above in other modules.

2302.11 The following factors shall be used to convert university, college, junior college, and community college course credits into classroom hours:

(a) Semester credits x fifteen (15) = classroom hours; and

(b) Quarter credits x ten (10) = classroom hours.

2302.12 (a) Until January 1, 2026, curriculum content for each course listed in §

2302.10 shall comply with the applicable portions of the “Required Core Curriculum Content Guide Note” published by the Appraisal Foundation and the AQB as part of the Real Property Appraiser Qualification Criteria. The Board may add additional requirements to the curriculum of any license classification if the Board’s additions substantially comply with AQB criteria. Additions to the curriculum content shall be effective only after the Department publishes a Notice of Final Rulemaking in the District of Columbia Register.

(b) Effective January 1, 2026, curriculum content for each course listed in § 2302.10 shall comply with the applicable portions of the “AQB Guide Note 1 (GN-1)” and the Course Outline for the Valuation Bias and Fair Housing Laws and Regulations Course, published by the Appraisal Foundation in its Summary of Actions: July 2026 Criteria, and the AQB as part of the Real Property Appraiser Qualification Criteria.

2302.13 The education and experience requirements for all classes of licensure shall meet or exceed the standards established by the AQB.

2302.14 If the AQB modifies the education or experience requirements for any license classification, and the modifications increase the education or experience requirements beyond the requirements established in this chapter, it is the intent of the Department to amend this chapter to reflect the AQB modifications. Such amendments shall be effective only after the Department publishes a Notice of Final Rulemaking in the District of Columbia Register.

2302.15 Amendments to the pre-licensing education and experience requirements shall not affect the status of licensees possessing current active licenses unless the AQB otherwise requires.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008); as amended by Final Rulemaking published at 58 DCR 10590, 10591 (December 16, 2011); as amended by Final Rulemaking published at 61 DCR 13131 (December 26, 2014); as amended by Final Rulemaking published at 69 DCR 009501 (July 29, 2022); as amended by Final Rulemaking published at 72 DCR 007585 (July 4, 2025). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 2302

17 DCMR § 2303 ACCREDITATION AND CERTIFICATION OF PRELICENSE EDUCATION PROGRAMS

2303.1 Appraisal organizations shall obtain advance approval from the Board for any changes to be made in Board recognized equivalent courses with regard to program structuring, course content, course completion standards, textbooks or course materials, or instructor qualification requirements.

2303.2 An organization that has obtained Board recognition of its courses may advertise that such courses are "recognized" for equivalent prelicensure education credit toward the requirements for initial District of Columbia real estate appraiser licensure or certification.

2303.3 Courses offered by real estate appraisal or real estate related organizations deemed acceptable by the Board shall be acceptable for credit.

2303.4 Appraisal and appraisal related courses taught by institutions of higher learning recognized by an accrediting body approved by the Secretary of the United States Department of Education shall be acceptable for prelicensure or precertification credit if the course has been approved by the AQB.

2303.5 All courses approved by the AQB shall be acceptable for credit.

2303.6 All courses submitted for credit shall indicate a passing grade or indicate successful completion of the course and the examination.

2303.7 The Board may request information from the applicant or the course provider, such as course descriptions, syllabi, or textbook references, in order to evaluate course content.

2303.8 Distance learning courses may be acceptable for prelicensure or precertification credit if the course meets the following conditions:

(a) The course is presented by an accredited college or university, or an organization whose course delivery mechanism has been approved in accordance with AQB criteria;

(b) An individual successfully completes a written and proctored examination, which may include computer-based testing;

(c) The subject matter is appraisal related, and the course content substantially complies with the AQB’s guidelines for curriculum content; and

(d) The length of the course is a minimum of fifteen (15) classroom hours, which shall be equivalent to in-class continuous instruction and attendance formats.

2303.9 The Board may issue a list of recognized prelicensure or precertification education programs.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008); as amended by Final Rulemaking published at 61 DCR 13131 (December 26, 2014). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2303

17 DCMR § 2304 PRELICENSURE EXPERIENCE REQUIREMENTS

2304.1 There is no experience requirement for the Appraisal Trainee classification.

2304.2 Applicants for the Licensed Real Property Appraiser classification shall have one thousand (1000) hours of appraisal experience obtained in no fewer than six (6) months of appraisal work.

2304.3 Applicants for the Certified Residential Real Property Appraiser classification shall have fifteen hundred (1500) hours of appraisal experience obtained in no fewer than twelve (12) months of appraisal work.

2304.4 Applicants for the Certified General Real Property Appraiser classification shall have three thousand (3000) hours of appraisal experience obtained in no fewer than eighteen (18) months of appraisal work.

2304.5 The Board may treat an applicant's hours of appraisal experience as cumulative when applied by the applicant toward achieving the necessary hours of appraisal experience for each classification.

2304.6 For the Certified General Real Property Appraiser classification, fifty percent (50%) or one thousand five hundred (1,500) hours of the required three thousand (3,000) hours experience shall be in appraising non-residential real property.

2304.7 Experience shall be supported by adequate written appraisal reports or file memoranda that shall be made available to the Board upon request.

2304.8 The property address for each appraisal assignment shall be identified in the experience log.

2304.9 An hour of experience means verifiable time spent actively engaging in tasks that are in accordance with acceptable appraisal practice. Qualifying tasks may include activities such as data gathering, property inspection, analysis, report writing, or any other activity approved by the Appraisal Qualifications Board. Minimum standards for reports are those standards that are prescribed in Standard 2 of the Uniform Standards of Professional Appraisal Practice in the edition in effect at the time of the reports' preparation.

2304.10 Except as provided in this section, acceptable appraisal practice for experience credit includes appraisal, review appraisals, real estate appraisal consulting, and mass appraisal activities that comply with USPAP and conforms to USPAP Standards 1, 2, 3, 4, 5, or 6, where the appraiser demonstrates proficiency in appraisal principles, methodology, procedures, and reporting conclusions.

2304.11 Appraisal experience shall be verifiable and shall be reported to the Board on a form provided by the Board. A completed form shall include the following information;

(a) Type of property;

(b) Date of value;

(c) Address of appraised property;

(d) Description of work performed by the trainee/applicant and the scope of the review and supervision by the supervising appraiser;

(e) Number of actual work hours by the trainee/applicant on the assignment;

(f) The signature and state certification number of the supervising appraiser if applicable.

2304.12 The following experience credit shall be given for work performed in accordance with the Uniform Standards of Professional Appraisal Practice:

(a) Seventy-five percent (75%) credit for review appraisals performed under Standard 3 and 4 of the Uniform Standards of Professional Appraisal Practice;

(b) One hundred percent (100%) credit for a whole real estate or real property appraisal if the appraiser did one hundred percent (100%) of the appraisal;

(c) Ten percent (10%) credit for desk reviews where the review appraiser signs the appraisal;

(d) One hundred percent (100%) credit for residential form appraisals and commercial form appraisals; and

(e) One hundred percent (100%) credit for narrative appraisals.

2304.13 Separate appraisal logs shall be maintained for each supervising appraiser if applicable.

2304.14 There is no maximum time limit during which experience may be obtained.

2304.15 Effective January 1, 2008, work experience must be USPAP compliant and have been earned on or after January 30, 1989.

2304.16 Applicants may demonstrate completion of the appraisal experience requirements of this section by obtaining a valid certificate of completion from a Practical Applications of Real Estate Appraisal (“PAREA”) program approved by the Appraisal Qualifications Board (“AQB”), subject to the limits set forth in § 2304.18.

2304.17 Applicants who receive a valid certificate of completion from an AQB-approved PAREA program shall be deemed to have obtained the number of hours of appraisal experience approved by AQB for the program.

2304.18 The number of hours of prelicensure appraisal experience obtained through a PAREA program by an applicant that may be credited toward the prelicensure appraisal experience requirements set forth in this section shall be limited as follows:

(a) For an applicant for the Licensed Real Property Appraiser classification, all of the one thousand (1000) hours of appraisal experience required by § 2304.2 may be obtained through a PAREA program;

(b) For an applicant for the Certified Residential Real Property Appraiser classification, all of the fifteen hundred (1500) hours of appraisal experience required by § 2304.3 may be obtained through a PAREA program; and

(c) For an applicant for the Certified General Real Property Appraiser classification, up to fifteen hundred (1500) hours of the three thousand (3000) hours of appraisal experience required by § 2304.4 may be obtained through a PAREA program.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008); as amended by Final Rulemaking published at 69 DCR 009501 (July 29, 2022); as amended by Final Rulemaking published at 71 DCR 001525 (February 9, 2024). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 2304

17 DCMR § 2305 LICENSURE BY RECIPROCITY OR ENDORSEMENT

2305.1 An applicant for a license or certificate by reciprocity shall furnish proof satisfactory to the Board that the applicant is licensed or certified and in good standing under the laws of another State or U.S. territory which the Appraisal Subcommittee deems to be in compliance with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. §§ 3331-3351).

2305.2 An applicant for licensure by endorsement shall furnish proof of the following:

(a) That the applicant is currently licensed or certified and is in good standing under the laws of another state;

(b) That the original state of licensure or certification has examination requirements which, in the opinion of the Board, were substantially equivalent at the time of licensure or certification to the requirements of the Act, and the examination has been approved by the Appraisal Foundation;

(c) That the prelicensure or precertification requirements of the original state of licensure were substantially equivalent, at the time of licensure or certification, to the requirements of the Act.

(d) That the applicant meets the minimum requirements for licensure in the District of Columbia set forth in § 2301 of this chapter.

2305.3 The Board may deny an application if the applicant has been convicted in any jurisdiction of any crime involving any offense that bears on the fitness of the individual to be licensed or certified. A plea of nolo contendere shall be considered a conviction for purposes of this subsection.

2305.4 An applicant for a license or certificate by reciprocity or endorsement shall not have had an application denied by the Board for reasons other than failure to pass the National Uniform Appraiser Examination within 1 year prior to the date on which the application is filed.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 60 DCR 9714 (June 28, 2013).

17 DCMR § 2306 TEMPORARY PRACTICE

2306.1 Pursuant to section 1121 of the Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 12 U.S.C. § 1811, and the Act, the Board shall issue an individual a temporary license if the individual completes an application that the Board requires and provides documentation that he or she meets the following requirements:

(a) The individual is licensed or certified and in good standing under the laws of another state;

(b) The property or properties to be appraised by the individual is part of a federally-related transaction, is located in the District, and the assignment and property or properties are specifically identified in the application;

(c) The appraisal assignment is of a temporary nature and is limited to one (1) specific assignment or six (6) months, whichever is shorter;

(d) Upon completion of the assignment, the temporary license is surrendered to the Board; and

(e) The individual pays the applicable fee.

2306.2 The holder of a temporary permit to practice in the District is subject to the applicable provisions of this chapter and the Act.

2306.3 The Director or the Board may revoke a temporary license without a hearing for any reason that the Board determines to be in the interest of the health or welfare of the citizens of the District, upon a minimum of five (5) days notice given in the manner prescribed by § 3318 of Chapter 33 of this Title.

2306.4 An individual shall not hold more than two (2) temporary licenses at a time.

2306.5 A specific appraisal assignment may include multiple properties.

2306.6 A temporary license holder may extend the temporary license for one additional license period by filing an application for extension. If a temporary license holder requires an additional extension after the first the temporary license holder must apply for a new temporary license and the Board may grant or deny the second application at its discretion.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008); as amended by Notice of Final Rulemaking published at 58 DCR 10590, 10596 (December 16, 2011).

17 DCMR § 2307 EXAMINATION

2307.1 Within twenty-four (24) months of having successfully passed the National Uniform Appraiser Examination or other prelicensure qualification examination approved by the Appraisal Qualifications Board and the Board, the applicant shall file an application for licensure.

2307.2 A candidate shall complete the educational and experience requirements prior to sitting for the examination.

2307.3 A candidate who fails an examination may have the examination reviewed in accordance with the procedures, if any, of the testing service.

2307.4 Failure to comply with the requirements of this subsection shall require reexamination.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 61 DCR 13131 (December 26, 2014). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2307

17 DCMR § 2308 TERM OF LICENSE

2308.1 All licenses issued pursuant to this chapter and the Act shall expire on February 28 of each even numbered year, constituting a license cycle.

2308.2 The Board may change the license cycle for administrative convenience.

2308.3 If the Board changes the license cycle, the term of a license that is in effect on the date of the Board's determination to change the cycle may, at the Board's discretion, be extended up to three (3) years in order to permit an orderly transition. Any extension of the license term implemented under this section shall only be made by Board resolution.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006).

17 DCMR § 2309 LICENSE RENEWAL

2309.1 At least sixty (60) days prior to the expiration of a license, the Board shall send a renewal application by first class mail to the holder of a license at the licensee’s address on record with the Board.

2309.2 A holder of a license shall meet all of the requirements for license renewal prior to the issuance of the renewal.

2309.3 A holder of a license shall provide the Board a street address for the licensee’s residence, not a post office box, and shall notify the Board in writing of any change to the home or business address within thirty (30) days of the change.

2309.4 The failure of a holder of a license to receive the notice required by § 2309.1 of this section does not relieve the holder of the responsibility of renewing the license.

2309.5 A holder of a license who fails to renew before the expiration date may renew the license within sixty (60) days after expiration upon paying the required late fee and submitting proof of having completed the required continuing education prior to the expiration date of the license. Upon renewal, the holder shall be deemed to have possessed a valid license during the period between the expiration of the license and its renewal.

2309.6 If a licensee fails to renew his or her license within sixty (60) days after its expiration, the license shall be deemed to have lapsed on the date of expiration and the holder shall be required to apply for reinstatement of the expired license pursuant to D.C. Official Code § 47-2853.15 (2005 Repl.) and § 3308 of chapter 33 (GENERAL RULES: FUNERAL DIRECTORS, VETERINARIANS, INTERIOR DESIGNERS AND REAL ESTATE APPRAISERS) of this title and pay the required reinstatement fee. A licensee may not apply for reinstatement if the license has been expired for five (5) years or more.

2309.7 The Board shall deny a renewal application if the applicant has not completed the continuing education requirements prior to the expiration date of the license.

2309.8 Denial of an application for renewal for failure to complete the continuing education requirements shall require the applicant to complete the continuing education requirements prior to submitting an application for reinstatement pursuant to § 2310.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008); as amended by Notice of Final Rulemaking published at 58 DCR 10590, 10596 (December 16, 2011).

17 DCMR § 2310 CONTINUING EDUCATION REQUIREMENTS

2310.1 Except as provided in § 2310.2, this section shall apply to all applicants for the renewal or reinstatement of each license classification.

2310.2 (a) Until January 1, 2026, an applicant for renewal or reinstatement of a real estate appraiser license, or renewal of an appraiser trainee license, shall be required to satisfactorily complete continuing education courses according to the following schedule:

(1) Applicants obtaining a license one hundred eighty-five (185) days or less from the renewal date required by the license cycle are not required to complete any hours of continuing education for that license cycle;

(2) Applicants obtaining a license during the last twelve (12) months of a license cycle, but before the one hundred eighty-five (185) day period must complete fourteen (14) hours of continuing education for that license cycle;

(3) All other licensees must complete the full twenty-eight (28) hours of continuing education for the license cycle; and

(4) All licensees must complete the seven (7)-Hour National USPAP Update Course as part of the twenty-eight (28) hours of continuing education.

(b) Effective January 1, 2026, an applicant for renewal or reinstatement of a real estate appraiser license, or renewal of an appraiser trainee license, shall be required to satisfactorily complete continuing education courses according to the following schedule:

(1) Applicants obtaining a license one hundred eighty-five (185) days or less from the renewal date required by the license cycle are not required to complete any hours of continuing education for that license cycle;

(2) Applicants obtaining a license during the last twelve (12) months of a license cycle, but before the one hundred eighty-five (185) day period, shall complete fourteen (14) hours of continuing education for that license cycle;

(3) All other licensees shall complete the full twenty-eight (28) hours of continuing education for the license cycle;

(4) Licensees shall complete the seven (7)-Hour National USPAP Continuing Education Course as part of the twenty-eight (28) hours of continuing education; and

(5) Licensees shall complete a course that meets the content requirements of the Valuation Bias and Fair Housing Laws and Regulations Course Outline within the two (2) previous calendar years as part of the twenty-eight (28) hours of continuing education as follows:

(A) The first time a licensee completes the continuing education requirement for this course, the course length shall be seven (7) hours, unless a licensee has completed a seven (7)-hour course (plus a one (1)-hour exam) as part of a licensee’s pre-licensing education; and

(B) Every two (2) calendar years thereafter, the course length shall be at least four (4) hours.

2310.3 A licensee shall not receive additional credit for his or her completion of any continuing education course that is the same or substantially similar to a course for which he or she has previously received credit during the same license cycle.

2310.4 The Board will grant credit toward the classroom hour requirement only when the length of the educational offering is at least three (3) hours.

2310.5 The Board may approve the following continuing education activities, not to exceed (10) hours, if the activity relates to real estate appraising:

(a) Serving as an instructor or speaker at a conference, seminar, or workshop; and

(b) Publication of an article in a professional journal, publication of a book or a chapter in a book, or publication of a review in a professional journal.

2310.6 A continuing education credit shall be valid only if it is a part of a Board-approved program or activity.

2310.7 [RESERVED]

2310.8 (a) Until January 1, 2026, continuing education credit for the National USPAP Update Course shall only be awarded to licensees completing USPAP continuing education courses taught by an AQB-certified instructor who is also a certified appraiser.

(b) Effective January 1, 2026, continuing education credit for the seven (7)-Hour National USPAP Continuing Education Course shall only be awarded to licensees completing USPAP continuing education courses taught by an AQB-certified instructor who is also a certified appraiser in good standing.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008); as amended by Final Rulemaking published at 58 DCR 10590, 10597 (December 16, 2011); as amended by Final Rulemaking published at 60 DCR 9714 (June 28, 2013); as amended by Final Rulemaking published at 61 DCR 13131 (December 26, 2014); as amended by Final Rulemaking published at 72 DCR 007585 (July 4, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2310

17 DCMR § 2311 DOCUMENTATION OF CONTINUING EDUCATION CREDITS

2311.1 Continuing education course documentation shall be filed on a form provided by the Board and shall include the following:

(a) Sponsor;

(b) Title and/or description of course content;

(c) Dates of attendance or publication;

(d) Location; and

(e) Number of hours.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006).

17 DCMR § 2312 APPROVED CONTINUING EDUCATION PROGRAMS

2312.1 The Board may approve continuing education programs that contribute to the growth of an applicant in professional competence in the practice of real estate appraising.

2312.2 (a) Until January 1, 2026, the Board may approve educational offerings that include, but are not limited to, the following real estate related appraisal topics

(1) Ad valorem taxation;

(2) Arbitration, dispute resolution;

(3) Courses related to the practice of real estate appraisal or consulting;

(4) Development cost estimating;

(5) Ethics and standards of professional practice, USPAP;

(6) Land use planning, zoning;

(7) Management, leasing, timesharing;

(8) Property development, partial interests;

(9) Real estate law, easements, and legal interests;

(10) Real estate litigation, damages, condemnation;

(11) Real estate financing and investment;

(12) Real estate appraisal related computer applications; and

(13) Real estate securities and syndication.

(b) Effective January 1, 2026, the Board may approve educational offerings that include the following real estate related appraisal topics:

(1) Ad valorem taxation;

(2) Arbitration, dispute resolution;

(3) Courses related to the practice of real estate appraisal or consulting;

(4) Development cost estimating;

(5) Ethics and standards of professional practice, USPAP;

(6) Valuation bias and fair housing laws and regulations;

(7) Land use planning, zoning;

(8) Management, leasing, timesharing;

(9) Property development, partial interests;

(10) Real estate law, easements, and legal interests;

(11) Real estate litigation, damages, condemnation;

(12) Real estate financing and investment;

(13) Real estate appraisal-related computer applications;

(14) Real estate securities and syndication;

(15) Developing opinions of real property value in appraisals that also

include personal property and/or business value;

(16) Seller concessions and impact on value; and

(17) Energy-efficient items and “green building” appraisals.

2312.3 To qualify for approval by the Board, a continuing education program shall be administered by one of the following:

(a) Colleges or Universities;

(b) Community or Junior Colleges;

(c) Real Estate Appraisal or Real Estate Related Organizations;

(d) State or Federal Agencies or Commissions;

(e) Proprietary Schools; or

(f) Other providers approved by the Board.

2312.4 The Board may issue a list of approved continuing education programs.

2312.5 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

2312.6 A sponsor of a continuing education program shall submit a completed application to the Board no less than sixty (60) days prior to the date of the presentation for each program for which the sponsor seeks approval.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008); as amended by Final Rulemaking published at 72 DCR 007585 (July 4, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2312

17 DCMR § 2313 INACTIVE STATUS

2313.1 Upon application by a licensee and payment of the required fee, the Board shall place a licensee on inactive status.

2313.2 The Board shall issue a license to an individual who is on inactive status and who desires to resume practice as a real estate appraiser if the individual meets the following requirements:

(a) Pays the required fee;

(b) Demonstrates completion of all continuing education that would have been required had the individual been on active status; and

(c) Applies for license renewal within five (5) years of going on inactive status.

2313.3 The Board may take disciplinary action against a licensee on inactive status.

2313.4 A licensee may remain on inactive status for a period not to exceed five (5) consecutive years.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Notice of Final Rulemaking published at 58 DCR 10590, 10598 (December 16, 2011).

17 DCMR § 2314 DISPLAY OF LICENSE AND LICENSE NUMBERS

2314.1 The license pocket card issued by the Director to each real estate appraiser or appraisal trainee shall be retained by the licensee as evidence of licensure and shall be carried by the licensee during the process of appraising real property in the District.

2314.2 The license number shall be prominently displayed adjacent to the signature on every appraisal.

2314.3 The license issued by the Director to each real estate appraiser and appraiser trainee shall be prominently displayed in the appraiser's place of business.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006).

17 DCMR § 2315 REQUIRED NOTIFICATIONS

2315.1 A licensee shall notify the Board in writing within thirty (30) days of any name change or change of business address or residence address.

2315.2 A licensee shall inform the Board in writing within thirty (30) days of pleading guilty or nolo contendere, or being convicted or found guilty of any felony or of any misdemeanor.

2315.3 A licensee shall inform the Board in writing within thirty (30) days of the suspension, revocation, or surrender of his or her appraiser license or certificate held in any other jurisdiction.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Notice of Final Rulemaking published at 58 DCR 10590, 10599 (December 16, 2011).

17 DCMR § 2316 STANDARDS OF PROFESSIONAL PRACTICE

2316.1 A licensee shall conduct all appraisals in conformity with the current edition of the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Standards Board of the Appraisal Foundation, including Preamble, Ethics Provision, Competency Provision, Departure Provision, Jurisdictional Exemption, Supplemental Standards, Definitions and Standards 1, 2, 3, 4, 5, and 6 with all related Standard Rules, Statements on Appraisal Standards, Advisory Opinions, and indices.

2316.2 Upon the completion of an assignment, a licensee shall return to the owner, upon demand, any original document, or instrument that the licensee or certificate holder possesses.

2316.3 A licensee appraising property in which he/she, any member of his/her family, any member of his/her firm, or any entity in which he/she has a financial or ownership interest, shall disclose in writing, to any client such interest in the property and his/her status as a real estate appraiser licensed or certified in the District of Columbia.

2316.4 All licensees shall comply with the Competency Rule of USPAP.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008); as amended by Final Rulemaking published at 69 DCR 009501 (July 29, 2022). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 2316

17 DCMR § 2317 NATIONAL REGISTRY FEE ASSESSMENT

2317.1 In accordance with the requirements of section 1109 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. § 3338), a biennial renewal fee, in an amount set by the Appraisal Subcommittee, assessed for all licensed and certified real estate appraisers, except licensed appraisal trainees, shall be submitted by the Department to the Appraisal Subcommittee.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008); as amended by Notice of Final Rulemaking published at 58 DCR 10590, 10599 (December 16, 2011).

17 DCMR § 2318 PAYMENT OF LICENSE FEES

2318.1 Payment of real estate appraiser license fees shall be made by personal check, cashier's check, certified check, money order, or credit card.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006).

17 DCMR § 2319 APPRAISER RECORDKEEPING

2319.1 A licensee shall retain records of appraisal, analysis, and review assignments, including oral testimony, in the following manner:

(a) For a period of at least five (5) years after preparation of the report generated by the activity; or

(b) If a report was the subject of or used for litigation purposes, and testimony was given, the report shall be kept for two (2) years after final disposition of any judicial proceeding in which testimony was given.

2319.2 A licensee shall, upon demand or request by the Board, promptly produce any document, book, or record concerning any appraisal that the licensee or certificate holder performed.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Notice of Final Rulemaking published at 58 DCR 10590, 10599 (December 16, 2011).

17 DCMR § 2320 APPRAISAL INSTRUCTORS

2320.1 To be approved by the Board for prelicensing credit, a course instructor shall be an individual who has been approved as an instructor by one (1) of the bona fide professional appraisal organizations that is a member of the Appraisal Foundation, or be a professor or instructor at a college or university which has an accredited department of real estate and economics.

2320.2 An appraiser instructor of a prelicensing (residential appraisal) course shall possess one hundred five (105) classroom hours of real estate appraisal education and two thousand (2,000) hours experience as a residential real estate appraiser within the previous five (5) years.

2320.3 An appraiser instructor of a precertification (general appraisal) course shall possess two hundred five (205) classroom hours of real estate appraisal education and two thousand (2,000) hours experience as a general real estate appraiser within the previous five (5) years, with at least one-half (1/2) of such experience being in income property appraising.

2320.4 All USPAP courses taught for prelicensure or continuing education purposes shall be taught by AQB-certified instructors who are also certified appraisers.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008); as amended by Notice of Final Rulemaking published at 58 DCR 10590, 10600 (December 16, 2011).

17 DCMR § 2321 APPRAISAL EDUCATION FUND ASSESSMENT

2321.1 An applicant for a license shall pay, in addition to the applicable license fee, the sum of one hundred dollars ($100.00) into the Fund.

2321.2 Upon renewal of a license the licensee shall pay, in addition to the applicable renewal fee, the sum of one hundred dollars ($100.00) into the Fund.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006).

17 DCMR § 2322 APPRAISAL EDUCATION FUND USE FOR PROGRAMS

2322.1 The Board may use the Fund to pay that proportion of the cost of a program that is equal to the percentage of the program that is directly related to establishing or maintaining an educational program to improve the competency of licensees or certificate holders.

2322.2 The Board may authorize the Fund to be used for expenditures for conferences, workshops, and educational programs for real estate appraisal officials as provided in §§ 2322.3 and 2322.4.

2322.3 For purposes of this subsection, a "real estate appraisal official" means an employee of the District of Columbia government whose duties involve the enforcement of real estate appraisal license laws including, but not limited to, board members, legal counsel, and other employees as designated by the Board.

2322.4 The Board may use the Fund to pay the entire permissible cost for a real estate appraisal official, whose duties relate in whole or in part to the enforcement of real estate appraisal license laws, to participate in a conference, workshop, or educational program that the Board determines is qualified pursuant to § 2322.5.

2322.5 In deciding whether a conference, workshop, or educational program is qualified, the Board shall consider the following:

(a) The educational objective of the proposed program;

(b) The length of the proposed program, the schedule of instruction, location, and anticipated number of participants;

(c) A list of instructors and their credentials; and

(d) Any other information about the conference, workshop, or program as the Board may require.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008).

17 DCMR § 2323 APPRAISER TRAINEE

2323.1 The Board may issue an appraiser trainee license to an applicant who has completed prelicensure education as follows:

(a) Until January 1, 2026:

(1) Seventy-five (75) classroom hours of instruction that shall include thirty (30) hours in basic appraisal principles, thirty (30) hours in basic appraisal procedures, and the fifteen (15)-Hour National USPAP Course or its equivalent; and

(2) A course of instruction, approved by the Board, which covers the requirements and responsibilities of supervisory appraisers and appraiser trainees.

(b) Effective January 1, 2026:

Eighty-three (83) classroom hours of instruction that shall include thirty (30) hours in basic appraisal principles, thirty (30) hours in basic appraisal procedures, the fifteen (15)-Hour National USPAP Course or its equivalent, and the eight (8)-Hour Valuation Bias and Fair Housing Laws and Regulations Course; and

(2) A course of instruction, approved by the Board, which covers the requirements and responsibilities of supervisory appraisers and appraiser trainees.

2323.2 The Board shall approve prelicensure education that meets the following requirements:

Until January 1, 2026:

(1) The content of the curriculum offered in the courses, seminars, workshops, or conferences used by an applicant to meet the prelicensure education requirements shall follow the guidelines established by the AQB in the publication, “AQB Guide Note 1 (GN-1).”

(2) A classroom hour is equal to fifty (50) minutes of each sixty (60) minute segment and includes time devoted to tests which are considered to be part of the course;

(3) The minimum length of the educational offering is fifteen (15) hours and the individual successfully completes an examination pertinent to that educational offering;

(4) All qualifying education shall have been obtained from, and certified by, one or more of the following:

(A) Colleges or universities;

(B) Community or junior colleges;

(C) Real estate appraisal or real estate related organizations;

(D) State or federal agencies or commissions;

(E) Proprietary schools; or

(F) Other providers approved by the Board or the Educational Licensure Commission; and

(5) All qualifying education shall have been obtained within the five (5)-year period immediately preceding application for licensure.

Effective January 1, 2026:

The content of the curriculum offered in the courses, seminars, workshops, or conferences used by an applicant to meet the prelicensure education requirements shall follow the guidelines established by the AQB in the publication, “AQB Guide Note 1 (GN-1)” published by the Appraisal Foundation in its Summary of Actions: July 2026 Criteria.

(2) A classroom hour is equal to fifty (50) minutes of each sixty (60) minute segment and includes time devoted to tests, which are considered to be part of the course;

(3) Except for the Valuation Bias and Fair Housing Laws and Regulations Course, the minimum length of the educational offering shall be fifteen (15) hours, and the individual shall complete an examination pertinent to that educational offering;

(4) All qualifying education shall have been obtained from, and certified by, one (1) or more of the following:

(A) Colleges or universities;

(B) Community or junior colleges;

(C) Real estate appraisal or real estate-related organizations;

(D) State or federal agencies or commissions;

(E) Proprietary schools; or

(F) Other providers approved by the Board or the Educational Licensure Commission; and

(5) All qualifying education shall have been obtained within the five (5)-year period immediately preceding application for licensure.

2323.3 There are no examination or experience requirements for the appraiser trainee classification.

2323.4 Within four (4) years of the issuance of his or her license, the appraiser trainee shall pass one (1) of the following examinations approved by the Board:

(a) The licensed residential real property appraiser examination;

(b) Certified residential real property appraiser examination; or

(c) Certified general real property appraiser examination.

2323.5 The appraiser trainee shall be subject to direct supervision by a supervising appraiser.

2323.6 To be eligible as a supervising appraiser, an individual must meet the following requirements:

(a) The supervising appraiser shall be licensed as a Certified Residential Real Property Appraiser or a Certified General Real Property Appraiser in the District;

(b) The supervising appraiser shall have been licensed as a Certified Residential Real Property Appraiser or a Certified General Real Property Appraiser, in the District or another jurisdiction, for at least three (3) years;

(c) The supervising appraiser shall be in good standing, and shall not have been subject to any disciplinary action that impacted his or her ability to lawfully engage in appraisal practice, in the District or another jurisdiction, within the last three (3) years; and

(d) The supervising appraiser shall complete a course of instruction, approved by the Board in accordance with AQB guidelines, which covers the requirements and responsibilities of supervisory appraisers and appraiser trainees.

2323.7 The supervising appraiser shall be responsible for the training and supervision of the trainee by:

(1) Accepting responsibility for appraisal reports prepared by the appraiser trainee by signing and certifying that the report complies with the USPAP;

(2) Reviewing the appraiser trainee reports; and

(3) Personally inspecting each appraised property with the appraiser trainee until the supervising appraiser determines that the appraiser trainee is competent in accordance with the competency provision of the USPAP for the property type.

2323.8 The appraiser trainee may have more than one (1) supervising appraiser, but a supervising appraiser may not have more than three (3) appraisal trainees.

2323.9 The appraiser trainee shall maintain a separate appraisal log for each supervising appraiser, and each log shall include at least the following information for each appraisal record:

(a) Type of property;

(b) Date of report;

(c) Client name and address;

(d) Address of appraised property;

(e) Description of work performed, scope of review, and supervision of the supervising appraiser;

(f) Number of actual work hours; and

(g) Signature and license number of the supervising appraiser.

2323.10 The supervising appraiser and the appraiser trainee shall be jointly responsible for ensuring that the appraiser log is accurate, current, and in compliance with § 2323.9.

2323.11 An applicant for renewal of an appraiser trainee license shall submit proof of having completed all continuing education credits required pursuant to § 2310.2 of this chapter.

2323.12 The appraiser trainee shall be entitled to obtain copies of appraisal reports that he or she prepared.

2323.13 The supervising appraiser shall keep copies of appraisal reports for a period of at least five (5) years or at least two (2) years after the final disposition of any judicial proceedings in which testimony was given, whichever period expires last.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008); as amended by Final Rulemaking published at 58 DCR 10590, 10600 (December 16, 2011); as amended by Final Rulemaking published at 60 DCR 9714 (June 28, 2013); as amended by Final Rulemaking published at 61 DCR 13131 (December 26, 2014); as amended by Final Rulemaking published at 72 DCR 007585 (July 4, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2323

17 DCMR § 2324 DISCIPLINARY ACTION

2324.1 If the Board, subject to the applicant or licensee's right to a hearing as provided by the Act, finds that an applicant or licensee has violated any applicable provision of this chapter or the Act, the Board may deny an application, revoke or suspend a license or privilege, levy a civil penalty, issue a reprimand, require a course of remediation, or refer an applicant or licensee to the Office of the Attorney General for criminal prosecution.

2324.2 The Board may, prior to a hearing but after an investigation, issue an order requiring any person alleged to be in violation of this chapter or the Act to cease and desist immediately from the alleged activity if the alleged activity has caused or may cause immediate or irreparable harm to the public. The Board shall deliver the order to the person affected pursuant to the provisions of D.C. Official Code § 47-2844.01.

2324.3 The Director may, after investigation but without a hearing, summarily suspend or restrict a licensee's license to practice pursuant to this chapter and the Act if the Director determines that the licensee's conduct presents an imminent danger to the health or safety of persons in the District.

2324.4 If the Director suspends or restricts a licensee's license or certification to practice pursuant to § 2324.3 of this chapter, the licensee is entitled to notice and a hearing pursuant to the provisions of D.C. Official Code § 47-2853.18.

2324.5 If the Board receives notification from any federal agency or federally-related lending institution that utilizes licensees or certificate holders in real property appraisals that the agency or institution has suspended a licensee from offering appraisal services on federally related transactions, the Board shall conduct an investigation into the circumstances and, if appropriate, commence disciplinary action against the licensee.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008).

17 DCMR § 2325 PERSONS EXEMPT FROM LICENSURE

2325.1 No person in the District of Columbia shall conduct an appraisal for a federally related or non-federally related real estate or real property transaction or represent him or herself as holding a license issued by the Board unless he or she holds an active District of Columbia license.

2325.2 A person who is certified by the Office of Tax and Revenue (OTR) to perform ad valorem tax appraisal may identify himself or herself as a "certified assessor" if the term is not used in a manner that creates the impression that the person has been licensed, certified, or registered by the Board to perform real property appraisals for federally-related or non-federally related real estate and real property transactions.

2325.3 A person certified to perform ad valorem tax appraisal by OTR who is not licensed, certified, or registered by the Board shall not perform a real estate or real property appraisal for any purpose other than ad valorem tax purposes.

2325.4 Nothing in this chapter or the Act prohibits a person who holds an active real estate broker or real estate salesperson license issued by the D.C. Board of Real Estate from giving an opinion on the price of real estate or real property in the District for the purpose of a prospective listing or sale, or when making a Competitive Market Analysis (CMA), if the opinion or CMA complies with the requirements of 17 DCMR 2609.15.

2325.5 Persons who determine the value of things in the District of Columbia other than real property or real estate may use the word "appraiser" to describe their activities if they do not hold themselves out or imply that they are authorized to appraise real property or real estate.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006).

17 DCMR § 2399 DEFINITIONS

2399.1 As used in this chapter, the following terms have the meanings ascribed:

Act - The Non-Health Related Occupations and Professions Licensure Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 47-2853.01, et seq. (2001)).

Ad Valorem Tax Appraisal - an appraisal used to establish the assessed value of real estate for real property tax purposes.

Applicant - a person applying for licensure.

Appraisal - the act or process of estimating the value of real estate.

Appraisal Foundation - the foundation incorporated as an Illinois Not-for-Profit Corporation on November 30, 1987, to establish and improve uniform appraisal standards by defining, issuing, and promoting such standards.

Appraisal Qualifications Board - the Board created by the Appraisal Foundation to: establish appropriate criteria for the certification and recertification of qualified appraisers by defining, issuing, and promoting such qualification criteria; disseminate such qualification criteria to states, governmental entities, and others; and to develop or assist in the development of appropriate examinations for qualified appraisers.

Appraisal Subcommittee - the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. § 3301 et seq.), as amended.

Appraiser Trainee - An individual who is licensed as an appraiser trainee under this chapter and who is training for licensure as a Residential Real Property Appraiser, Certified Residential Real Property Appraiser, or Certified General Real Property Appraiser, and who may appraise those properties that his or her supervising appraiser is permitted to appraise.

AQB - the Appraisal Qualifications Board.

Assignment - one or more real estate appraisals and written appraisal reports that are covered by a contract to provide an appraisal for one or more specific parcels of real estate.

Board - District of Columbia Board of Real Estate Appraisers.

Candidate - a person who has applied to take the prelicensure examination but has not filed an application for licensure.

Certified General Real Property Appraiser - an individual licensed under this chapter to appraise any type of real estate and real property.

Certified Instructor - an individual holding an instructor certificate issued by the Real Estate Appraiser Board to act as an instructor.

Certified Residential Real Property Appraiser - an individual licensed under this chapter to appraise any residential real estate or residential real property of one to four units regardless of transaction value or complexity. Certified Residential Real Property Appraisers may also appraise nonresidential real property with a transaction value of up to $250,000.

Classroom hour - A classroom hour is equal to fifty (50) minutes of each sixty (60) minute segment and includes time devoted to tests that are considered part of the course.

Client - any person for whom an appraiser performs a service.

Complex one to four family residential property appraisal - an appraisal in which the property to be appraised, the form of ownership, or the market conditions are atypical as defined in the bank Holding Company Supervision manual, 1999 edition, page 10, section 2231.0.9.3. For non-federally related transaction appraisals, transaction value shall mean market value.

Department - The Department of Consumer and Regulatory Affairs or any successor agency with administrative authority over the Board.

Director - the Director of the Department of Consumer and Regulatory Affairs, or the Director's designee.

District - the District of Columbia.

Federally Related Transaction - any real estate related financial transaction which:

1 A federal financial institutions regulatory agency engages in, contracts for or regulates; and

2 Requires the services of a licensed or certified appraiser.

Fund - the Appraisal Education Fund.

Highest and Best Use - the reasonable and probable use that will support the highest present value as defined as of the effective date of the appraisal or the use, from among reasonably probable and legal alternative uses, found to be physically possible, appropriately supported, and financially feasible.

Inactive licensee - a licensee who, pursuant to this chapter and the Act, pays the required fees and agrees not to practice as a real estate appraiser in the District of Columbia until he or she applies for reinstatement.

Licensed Residential Real Property Appraiser - a person licensed under this chapter to perform appraisals of non-complex one to four residential units having a transaction value of less than $1,000,000, complex one to four residential units having a transaction value of less than $250,000, or commercial real property with a transaction value of $250,000 or less.

Mass Appraisal - the process of valuing a universe of properties as of a given date using standard methodology, employing common data, and allowing for statistical testing.

Office of Administrative Hearings (OAH) - The independent agency established within the executive branch of the District of Columbia government by D.C. Official Code § 2-1831.01 et seq. (2003 Supp.) that is responsible for the administrative adjudication of all cases under its jurisdiction.

Person - an individual, corporation, trustee, receiver, guardian, representative, firm, partnership, society, school, or other entity.

Proprietary school - a privately owned school approved by the Board that offers appraisal or appraisal related courses.

Provider - means accredited colleges, universities, junior colleges, and community colleges; adult distributive or marketing education programs; local, state, or federal government agencies, boards or commission; proprietary schools; or real estate appraisal or real estate related organizations.

Real estate appraisal consulting - advice and guidance on diversified problems in the broad field of real estate involving any or all segments of the business such as merchandising, leasing, management, planning, financing, appraising, court testimony, and other similar services. Real Estate Consulting services are often associated with evaluation services concerning matters other than value estimates relating to real property and may include activities such as the following:

Absorption Study

Ad Valorem Tax study

Annexation Study

Assemblage Study

Assessment Study

Condominium Conversion Study

Cost-benefit Study

Cross Impact Study

Depreciation/Cost Study

Distressed Property Study

Economic Base Analysis

Economic Impact Study

Economic Structure Analysis

Eminent Domain Study

Feasibility Study

Highest and Best Use Study

Impact Zone Study

Investment Analysis Study

Investment Strategy Study

Land Development Study

Land Suitability Study

Land Use Study

Location Analysis Study

Market Analysis Study

Market Strategy Study

Market Turning Point Analysis

Marketability Study

Portfolio Study

Rehabilitation Study

Remodeling Study

Rental Market Study

Right of Way Study

Site Analysis Study

Utilization Study

Urban Renewal Study

Zoning Study

Real Estate Appraisal or Real Estate Related Organization - any appraisal or real estate related organization formulated on a national level, where its membership extends to more than one state or territory of the United States.

Real Estate or Real Property - land, including the air above and ground below, and any appurtenance or improvement thereto, as well as any interest, benefit, or right to inherit in the ownership of land.

Reinstatement - pursuant to D.C. Official Code § 47-2853.15 (2001), having a license restored to effectiveness after the expiration date has passed.

Renewal - continuing the effectiveness of a license for another license cycle.

Review Appraisal - a report that forms an opinion as to the adequacy and appropriateness of the appraisal report that is being reviewed.

Substantially Equivalent - any educational course or seminar, experience, or examination taken in this or another jurisdiction that is equivalent in classroom hours, course content and subject, and degree of difficulty, respectively, to those requirements outlined in this chapter and the Act.

Supervising Appraiser – any individual holding a license issued by the Real Estate appraiser Board to act as a certified general real estate appraiser, certified residential real estate appraiser, who supervises an appraiser trainee as specified in this chapter.

Transaction Value - the monetary amount of a transaction that may require the services of a certified or licensed appraiser for completion. Transaction value is not always equal to the market value of the real property interest involved.

Uniform Standards of Professional Appraisal Practice - those standards that the Appraisal Standards Board of the Appraisal Foundation promulgated for use by all appraisers in the preparation of appraisal reports.

USPAP – means the Uniform Standards of Professional Appraisal Practice.

Valuation - an estimate or opinion of the value of real property.

History

• SOURCE: Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008); as amended by Notice of Final Rulemaking published at 58 DCR 10590, 10603 (December 16, 2011).

17-24 NOTARIES PUBLIC

17 DCMR § 2400 APPLICATION REQUIREMENTS AND PROCESS FOR NOTARY PUBLIC COMMISSION; ENDORSEMENT AS AN ELECTRONIC NOTARY

2400.1 An applicant for a commission from Office of Notary Commissions and Authentications (ONCA) as a notary public shall:

(a) Be at least 18 years of age;

(b) Be a citizen or permanent legal resident of the United States;

(c) Be a resident of, or have a primary place of employment or practice in, the District; and

(d) Not be disqualified to receive a commission under Section 23 of the Act (D.C. Official Code § 1-1231.22) and Section 2428 of this chapter.

(e) As part of a notary public commission application to ONCA, an applicant shall provide his or her name as the applicant wishes to have it appear on his or her commission. This name shall be used each time that a notary’s signature is used for a notarial act.

2400.2 An applicant for a commission from ONCA as a notary public shall:

(a) Complete a training class provided by the Secretary or ONCA, if the applicant is applying for the first time for a commission as a notary public;

(b) Take the oath prescribed for civil officers in the District as set forth in D.C. Official Code § 1-501;

(c) File the applicant’s signature and deposit an impression of the applicant’s official seal with ONCA;

(d) Indicate, on a form provided by ONCA, the language(s) of records in which the applicant intends to perform notarial acts; provided, that the applicant shall be required to read and write in the language of any record on which the applicant performs a notarial act; and

(e) Pay the seventy-five-dollar ($75.00) notary commission application fee.

2400.3 To apply for an electronic notary endorsement, an applicant who meets the requirements shall submit an electronic notary application on forms provided by ONCA and pay the thirty-dollar ($30.00) electronic records notary public endorsement application fee.

2400.4 An applicant may apply for an electronic notary endorsement only if the applicant currently holds an active notary public commission.

2400.5 (a) An individual applying for an electronic notary endorsement must do the following within thirty (30) calendar days of receiving the endorsement, or forfeit the endorsement:

(1) Complete a training course provided by ONCA;

(2) Take the oath prescribed for civil officers in the District as set forth in D.C. Official Code § 1-501;

(3) Notify ONCA of the tamper-evident technology provider that the electronic notary intends to use; and

(4) File an exemplar of the electronic notary’s electronic signature and official seal.

(b) The individual shall not perform his or her initial electronic notarial act until he or she has complied with Section 2400.6(a).

2400.6 (a) Except as provided in Subsection 2400.7, before ONCA issues an applicant a commission as a notary public, the applicant shall submit to ONCA an assurance in the form of a surety bond, or its functional equivalent, in the amount of $2,000. The assurance shall:

(1) Be issued by a surety or other entity licensed or authorized to do business in the District;

(2) Cover acts performed during the term of the notary public’s commission; and

(3) Be in the form prescribed by ONCA.

(b) The surety or issuing entity shall notify ONCA not later than thirty (30) calendar days after making a payment to a claimant under the assurance.

(c) A notary public commissioned by ONCA may perform notarial acts in the District only during the period that a valid assurance is on file with ONCA.

(d) A notary public must maintain a valid assurance during the term of the notary public’s commission.

2400.7 A notary public commissioned only on behalf of the government of the District of Columbia is exempt from the requirement of a surety bond or functional equivalent under Subsection 2400.6(a). A District of Columbia Government notary public may only perform notarial acts in that capacity on behalf of the District of Columbia government.

2400.8 Once an applicant satisfies Subsections 2400.1, 2400.2, 2400.6, 2400.7, and 2400.10, ONCA shall issue the applicant a commission as a notary public for a term of five (5) years, subject to revocation of the commission pursuant to Section 23 of the Act (D.C. Official Code § 1-1231.22) and Section 2428 of this chapter. A certificate issued by ONCA granting this commission shall be signed by the Secretary or the Secretary’s designee.

2400.9 A commission from ONCA to act as a notary public authorizes the notary public to perform notarial acts only within the District. The commission does not provide a notary public any immunity or benefit conferred by law of the District on public officials or employees.

2400.10 A notary public that is not otherwise authorized to perform notarial acts under the Act, or under state or federal law, shall reapply with ONCA for each commission term before performing notarial acts.

2400.11 A notary public may elect not to apply for an electronic notary endorsement.

History

• SOURCE: §§ 1.1(a), 1.1(b), 1.1(c), 1.1(d), 1.1(f) of Regulation No. 73-13, approved May 24, 1973, published at 19 DCR 1147 (June 11, 1973); as published in 25 DCRR § 1.1; as amended by Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2400

17 DCMR § 2401 APPROVAL OR DENIAL OF APPLICATION

2401.1 If the applicant fulfills the requirements for a notary public commission or an electronic notary endorsement, ONCA shall approve the application and issue the notary public commission or endorsement.

2401.2 An applicant for a new notary public commission or a renewal of a notary public commission from ONCA shall not, except to the extent authorized by Section 10 of the Act (D.C. Official Code § 1-1231.09) or federal law, perform any notarial acts before taking the oath of office for a new or renewed commission.

2401.3 Except as otherwise provided in Section 10(a)(2) and (3) of the Act (D.C. Official Code § 1-1231.09(a)(2) and (3)), no individual may perform notarial acts with respect to a tangible or electronic record before receiving a notary public commission and, for performing notarial acts, the appropriate endorsement from ONCA unless the notary has authority to do so pursuant to a statute other than the Act or a regulation outside this chapter.

2401.4 ONCA may deny a commission or endorsement if the applicant fails to comply with this chapter or does not meet the application requirements.

History

• SOURCE: §§ 1.1(e) and 1.4(b) of Regulation No. 73-13, approved May 24, 1973, published at 19 DCR 1147, 1148 (June 11, 1973); as published in 25 DCRR §§ 1.1 and 1.4; as amended by Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2401

17 DCMR § 2402 TERM OF COMMISSION

2402.1 The term of a notary public commission shall expire five (5) years after the notary public’s commission date.

2402.2 The commission of each notary shall either:

(a) Begin on the first (1st) day of a month, and end on the last day of the prior month, except that a commission starting at the beginning of January will start on a January 2nd and end on a January 1st; or

(b) Begin on the fifteenth (15th) day of a month and end on the fourteenth (14th) day of that month.

2402.3 An electronic notary endorsement is valid from the date ONCA issues the endorsement and will remain valid so long as the notary public's current notary commission remains valid, unless ONCA terminates the endorsement pursuant to Section 23 of the Act (D.C. Official Code § 1-1231.22), or the electronic notary resigns the endorsement.

History

• SOURCE: §§ 1.2, 1.3, and 1.5 of Regulation No. 73-13, approved May 24, 1973, published at 19 DCR 1147, 1148 (June 11, 1973); as published in 25 DCRR §§ 1.2, 1.3, and 1.5; as amended by Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2402

17 DCMR § 2403 FEES

2403.1 ONCA shall charge the following fees:

Title of Fee

Fee

Application for notary public commission

Application for electronic records notary public endorsement

Renewal of notary public commission

Renewal of electronic notary endorsement

$75.00

$30.00

$75.00

$30.00

2403.2 A notary public in the service of the government of the United States or the District of Columbia shall not be required to pay an application fee for an ONCA-issued notary public commission, or for an endorsement as an electronic notary if the applicant’s notarial duties are confined to official federal or District government business.

History

• SOURCE: Final Rulemaking published at 43 DCR 3365 (June 30, 1995) (increased fee from $30 to $50); as amended by Final Rulemaking published at 57 DCR 5052 (June 11, 2010)(changed fee to $75); as amended by the Notaries Public Authentications and License Fee Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-223; 57 DCR 6242, 6260 (July 23, 2010)); as amended by Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2403

17 DCMR § 2404 SIZE AND FORM OF OFFICIAL SEAL

2404.1 The official seal of a notary public commissioned by ONCA shall include the following:

The notary public’s name at the top, exactly as indicated on the commission;

The words “Notary Public”;

The words “District of Columbia”;

The notary public’s commission expiration date; and

A border in a circular shape no larger than one and three-quarters inches (1.75 in.) surrounding the required words.

2404.2 A notary public shall affix his or her official signature and official seal on every document notarized, at the time the notarial act is performed.

2404.3 If the seal is affixed to a tangible record, it shall be applied in permanent ink and shall be capable of being photocopied.

2404.4 If the document being notarized is made of a non-porous material, such as Mylar or a similar material to which standard ink will not adhere, an embossed seal shall be used alone or in conjunction with a non-porous, permanent ink that dries through evaporation, which will adhere without smearing.

2404.5 The seal shall not contain the District of Columbia corporate seal.

History

• SOURCE: § 1.6 of Regulation No. 73-13, approved May 24, 1973, published at 19 DCR 1147, 1148 (June 11, 1973); as published in 25 DCRR § 1.6; as amended by Final Rulemaking 57 DCR 11739 (December 10, 2010); as amended by Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2404

17 DCMR § 2405 ACQUIRING OFFICIAL SEAL

2405.1 A notary public commissioned by ONCA shall procure an official seal only after receiving the appointment notice evidencing the notary public’s commission from ONCA and shall provide a copy of this notice to their chosen seal vendor as part of procuring the seal upon request.

2405.2 A notary public with a commission from ONCA that was in effect on December 4, 2018, may continue to use their notarial seal until their commission expires.

History

• SOURCE: § 1.4(a) of Regulation No. 73-13, approved May 24, 1973, published at 19 DCR 1147, 1148 (June 11, 1973); as published in 25 DCRR § 1.4; as amended by Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2405

17 DCMR § 2406 REPLACEMENT OF LOST OR STOLEN OFFICIAL SEAL

2406.1 When the seal of a notary public commissioned by ONCA or the electronic seal of an electronic notary is lost or stolen, the notary public or electronic notary shall notify ONCA, in writing, or by email to notary@dc.gov, within ten (10) business days of discovering the seal was lost or stolen.

2406.2 The notary public or electronic notary may not obtain a replacement official seal until they have properly notified ONCA in writing, or by email to notary@dc.gov, that the original was lost or stolen.

2406.3 A replacement official seal must contain some variance from the original seal, and the notary public or electronic notary must provide ONCA an impression of the new seal.

2406.4 If the original seal or electronic seal, which was lost or stolen, is found or recovered after a replacement has been obtained, the notary public or electronic notary shall destroy the original seal.

History

• SOURCE: Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 64 DCR 2533 (March 10, 2017); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2406

17 DCMR § 2407 NOTARY SIGNATURE AND CERTIFICATE REQUIREMENTS

2407.1 When a notary public commissioned by ONCA signs the certificate of a completed notarial act, the notary shall sign the certificate using the exact name that appears on the notary’s certificate of commission and his or her seal.

2407.2 Notarial acts performed shall, except in the case of notarial acts authorized under a commission from the federal government, be evidenced by a notarial certificate. The notarial certificate shall:

(a) Be executed contemporaneously with the performance of the notarial act;

(b) Be dated;

(c) Identify the jurisdiction in which the notarial act is performed;

(d) Contain the notarial officer’s title of office; and

(e) If the notarial officer is a notary public commissioned by ONCA:

(1) Be signed by the notary public in the same manner as on file with ONCA; and

(2) Indicate the date of expiration of the notary’s commission.

2407.3 If a notarial act (other than a notarial act authorized by the federal government) regarding a tangible record is performed by a notary public, an official seal shall be affixed to or directly embossed on the certificate. If a notarial act (other than a notarial act authorized by the federal government) is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in Subsections 2407.2(b), (c) and (d) of this Section, an official seal may be affixed to or embossed on the certificate.

2407.4 A certificate of a notarial act is sufficient if it meets the requirements of Subsections 2407.2 and 2407.3 of this Section and it:

(a) Is in:

(1) A short form as set forth in Section 16 of the Act (D.C. Official Code § 1-1231.15);

(2) A form otherwise permitted by the law of the District; or

(3) A form permitted by the law applicable in the jurisdiction in which the notarial act was performed; and

(b) Sets forth the actions of the notary public.

2407.5 By executing a certificate of a notarial act, a notary public certifies that the notary has complied with the requirements, and made the determinations, specified in Sections 4 through 6 of the Act (D.C. Official Code §§ 1-1231.03, 1-1231.04, and 1-1231.05).

2407.6 A notary public shall not affix the notary’s signature to, or logically associate it with, a certificate until the notarial act has been performed.

2407.7 If a notarial act is performed regarding a tangible record, a seal shall be part of or securely attached directly to the record. If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record.

History

• SOURCE: Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2407

17 DCMR § 2408 REQUIREMENTS FOR NOTARIAL ACTS: PERSONAL KNOWLEDGE; SATISFACTORY EVIDENCE OF OCCURRENCE AND PERFORMANCE

2408.1 A notary public who performs a notarial act pursuant to a commission or an electronic notary endorsement from ONCA shall do so within the geographic borders of the District of Columbia.

2408.2 A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

2408.3 A notarial officer has personal knowledge of the identity of an individual appearing before the notary if prior dealings between the officer and the individual give the officer reasonable certainty that the individual has the identity claimed.

2408.4 A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual by means of:

(a) Current government-issued identification that is:

(1) A passport, driver’s license, or government-issued non-driver identification card; or

(2) Another form of government identification issued to an individual, which contains the signature or a photograph of the individual and is satisfactory to the officer; or

(b) A verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify based on a current passport, driver’s license, or government-issued non-driver identification card.

2408.5 If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by [name of other individual] at the direction of [name of individual]” or words of similar import.

2408.6 A notarial officer, other than a notary public acting pursuant to a commission from the federal government, who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

2408.7 A notarial officer, other than a notary public acting pursuant to a commission from the federal government, who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

2408.8 A notarial officer, other than a notary public acting pursuant to a commission from the federal government, who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.

2408.9 Electronic notarial acts shall conform to the requirements listed in these rules and Section 21 of the Act (D.C. Official Code § 1-1231.20).

2408.10 A notarial officer, other than a notary public acting pursuant to a commission from the federal government, who makes or notes a protest of a negotiable instrument shall follow the process to make or note such protest as set forth in D.C. Official Code § 28:3-505(b), “Evidence of Dishonor”.

History

• SOURCE: § 1.4(a) of Regulation No. 73-13, approved May 24, 1973, published at 19 DCR 1147, 1148 (June 11, 1973); as published in 25 DCRR § 1.4; as amended by Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2408

17 DCMR § 2409 AUTHORIZED ELECTRONIC NOTARIAL ACTS

2409.1 A notary public who has received an electronic notary endorsement from ONCA may perform the following electronic notarial acts:

Taking an acknowledgment;

Taking verification on oath or affirmation;

Witnessing or attesting a signature;

Certifying or attesting a copy; and

Noting a protest of a negotiable instrument if the notary public is:

Licensed to practice law in the District of Columbia;

Acting under the authority of an attorney who is licensed to practice law in the District of Columbia or another state; or

(3) Acting under the authority of a financial institution regulated by the District of Columbia, another state, or the federal government.

History

• SOURCE: Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2409

17 DCMR § 2410 REQUIREMENTS FOR TECHNOLOGIES AND TECHNOLOGY PROVIDERS

2410.1 A tamper-evident technology shall comply with these rules:

A technology provider shall enroll only notaries public who have been issued an electronic notary endorsement pursuant to Section 2400.

A technology provider shall take reasonable steps to ensure that a notary public who has selected that provider’s technology has the knowledge to use it to perform electronic notarial acts in compliance with these rules.

(c) A tamper-evident technology shall require access to the system by a password or other secure means of authentication.

(d) A tamper-evident technology shall enable a notary public to affix the notary’s electronic signature and electronic seal in a manner that attributes such signature and seal to the notary, and in such a manner that a party that sought the notary’s signature and seal on one (1) or more documents, or who seeks access to one (1) or more documents containing that signature and seal, can detect unauthorized tampering or alteration of the electronic document after it has been digitally signed by the electronic notary.

History

• SOURCE: §§ 20.1 and 20.2 of Regulation No. 73-13, approved May 24, 1973, published at 19 DCR 1147, 1148 (June 11, 1973); as published in 25 DCRR §§ 20.1 and 20.2; as amended by Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2410

17 DCMR § 2411 REFUSAL OF REQUESTS TO USE SYSTEM

2411.1 An electronic notary may refuse to perform a notarial act for the reasons listed in Section 8 of the Act (D.C. Official Code 1-1231.07) and Section 2421 of this chapter, and shall also refuse a request to:

Use a tamper-evident technology that the electronic notary does not know how to operate; or

(b) Perform an electronic notarial act if the electronic notary has a reasonable belief that a tamper-evident technology does not meet the requirements set forth in these rules.

History

• SOURCE: § 20.3 of Regulation No. 73-13, approved May 24, 1973, published at 19 DCR 1147, 1148 (June 11, 1973); as published in 25 DCRR § 20.3; as amended by Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2411

17 DCMR § 2412 COMPLETION OF ELECTRONIC NOTARIAL CERTIFICATE

2412.1 For every electronic notarial act and remote notarial act, a notary public shall complete an electronic notarial certificate that complies with the requirements of Sections 15 and 16 of the Act (D.C. Official Code §§ 1-1231.14 and 1-1231.15).

2412.2 An electronic notarial certificate shall be completed at the time of notarization and, except for a remote notarial act, in the physical presence of the individual making the statement or executing the signature.

History

• SOURCE: §§ 1.7 and 1.8(a) of Regulation No. 73-13, as amended by § 302 of the Notaries Public Fees Increase Act of 1983, effective June 22, 1983 (D.C. Law 5-14; 30 DCR 2632 (June 3, 1983)); as amended by Final Rulemaking published at 43 DCR 3365 (June 30, 1995) (changed fees to $10); as amended by Final Rulemaking published at 57 DCR 5052 (June 11, 2010) (changed fees to $15); as amended by the Notaries Public Authentications and License Fee Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-223; 57 DCR 6242, 6259 (July 23, 2010)); as amended by Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2412

17 DCMR § 2413 CERTIFICATION OF ELECTRONIC NOTARIAL ACTS

2413.1 An electronic notary or remote notary shall sign notarial certification on an electronic record with an electronic signature that complies with Section 2414 and authenticate an electronic notarial act with an official electronic seal that complies with Section 2415.

2413.2 A remote notary shall sign each notarial certificate for a remote notarial act on a tangible record with a signature that complies with Section 2401.1 and authenticate the remote notarial act with an official seal that complies with Section 2404.1.

History

• SOURCE: § 22.2 of Regulation No. 73-13, approved May 24, 1973, as published at 19 DCR 1147 (June 11, 1973); as amended at 25 DCRR § 22.2; as amended by the New Columbia Statehood Initiative and Omnibus Boards and Commissions Reform Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-271; 62 DCR 1884 (February 13, 2015)); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2413

17 DCMR § 2414 ELECTRONIC NOTARIAL SIGNATURE

2414.1 An electronic notary shall use a tamper-evident technology that complies with Section 2410 to produce the notary’s electronic signature in a manner that is capable of independent verification.

2414.2 An electronic notary shall take reasonable steps to ensure that no other individual may possess or access the notary’s electronic signature.

2414.3 An electronic notary shall keep in the sole control of the notary all or any part of a tamper-evident technology whose exclusive purpose is to perform electronic notarial acts.

2414.4 For the purposes of this section, “capable of independent verification” means that any interested individual may confirm through ONCA that an electronic notary who signed an electronic record in an official capacity had authority at that time to perform electronic notarial acts.

History

• SOURCE: § 22.3 of Regulation No. 73-13, approved May 24, 1973, as published at 19 DCR 1147 (June 11, 1973); as amended at 25 DCRR § 22.3; as amended by the New Columbia Statehood Initiative and Omnibus Boards and Commissions Reform Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-271; 62 DCR 1884 (February 13, 2015)); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2414

17 DCMR § 2415 ELECTRONIC NOTARIAL SEAL

2415.1 An electronic seal may be used to authenticate an electronic notarial act if the electronic notarial certificate conforms to the requirements set forth in Sections 15 and 16 of the Act (D.C. Official Code §§ 1-1231.14 and 1-1231.15).

2415.2 The electronic seal of an electronic notary shall be a digital image that appears in the likeness or representation of a traditional physical notary public official seal meeting the requirements of Section 17 of the Act (D.C. Official Code § 1-1231.16 and Section 2404 of this chapter.

2415.3 The tamper-evident technology used to attach an electronic notary’s electronic seal shall not be used for any purpose other than performing electronic notarial acts under Sections 20 and 21 of the Act (D.C. Official Code §§ 1-1231.19 and 1-1231.20) and this chapter.

2415.4 Only the electronic notary shall authenticate an electronic notarial record with the notary’s official seal.

History

• SOURCE: §§ 23.1, 23.2, 23.3, 23.4, 23.5, and 23.6 of Regulation No. 73-13, approved May 24, 1973, as published at 19 DCR 1147 (June 11, 1973); as amended at 25 DCRR §§ 23.1, 23.2, 23.3, 23.4, 23.5, and 23.6; as amended by the New Columbia Statehood Initiative and Omnibus Boards and Commissions Reform Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-271; 62 DCR 1884 (February 13, 2015)); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2415

17 DCMR § 2416 AUTHORIZED REMOTE NOTARIAL ACTS

2416.1 Before a notary public performs the notary public’s initial remote notarial act, the notary public must notify ONCA in writing that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use, including the technologies in compliance with the identity proofing and communication technology standards set forth in Sections 2417 and 2418 herein.

2416.2 A notary public who has notified ONCA of their intent to perform remote notarial acts may perform the following remote notarial acts:

Taking an acknowledgment;

Taking a verification on oath or affirmation;

Witnessing or attesting a signature;

Certifying or attesting a copy; and

Noting a protest of a negotiable instrument, if the notary public is:

Licensed to practice law in the District of Columbia;

Acting under the authority of an attorney who is licensed to practice law in this state or another state; or

Acting under the authority of a financial institution regulated by this state, another state, or the federal government.

2416.3 In performing remote notarial acts, a notary public shall comply with all requirements for notarial acts and electronic notarial acts under the Act and this chapter.

History

• SOURCE: §§ 23.7 and 23.8 of Regulation No. 73-13, approved May 24, 1973, as published at 19 DCR 1147 (June 11, 1973); as amended at 25 DCRR §§ 23.7 and 23.8; as amended by the New Columbia Statehood Initiative and Omnibus Boards and Commissions Reform Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-271; 62 DCR 1884 (February 13, 2015)); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2416

17 DCMR § 2417 STANDARDS FOR VERIFYING THE IDENTITY OF REMOTELY LOCATED INDIVIDUALS

2417.1 In performing remote notarial acts, if a notary public does not have personal knowledge or satisfactory evidence of the identity of a remotely located individual under subsection 2417.4 of this section, the notary public must reasonably verify the individual's identity through two different types of identity proofing consisting of a credential analysis procedure and a dynamic knowledge-based authentication assessment as provided in subsections 2417.2 and 2417.3 of this section.

2417.2 Credential analysis must use public or private data sources to confirm the validity of the identification credential presented by a remotely located individual and shall, at a minimum:

Use automated software processes to aid the notary public in verifying the identity of each remotely located individual;

Require the identification credential to pass an authenticity test, consistent with sound commercial practices, that uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identification credential is not fraudulent or inappropriately modified;

Use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and

Enable the notary public to visually compare for consistency the information and photograph on the identification credential and the remotely located individual as viewed by the notary public in real time through communication technology.

2417.3 A dynamic knowledge-based authentication assessment is successful if it meets the following requirements:

The remotely located individual must answer a quiz consisting of a minimum of five (5) questions related to the individual's personal history or identity formulated from public or private data sources;

Each question must have a minimum of five (5) possible answer choices;

At least eighty percent (80%) of the questions must be answered correctly;

All questions must be answered within five (5) minutes;

If the remotely located individual fails the first attempt, the individual may retake the quiz one (1) time within twenty-four (24) hours;

During a retake of the quiz, a minimum of forty percent (40%) of the prior questions must be replaced;

If the remotely located individual fails the second attempt, the individual is not allowed to retry with the same remote notary within twenty-four (24) hours of the second failed attempt; and

The notary public must not be able to see or record the questions or answers.

2417.4 A notary public may verify the identity of a remotely located individual if the notary public:

Has personal knowledge of the identity of the remotely located individual; or

Has obtained satisfactory evidence of the identity of the remotely located individual by oath or affirmation of a credible witness in accordance with the following requirements:

To be a credible witness, the witness must have personal knowledge of the remotely located individual;

The notary public must have personal knowledge of the credible witness or verify the identity of the credible witness through the means described in Section 7(b)(2) of the Act (D.C. Official Code § 1-1231.06(b)(2)); and

(3) A credible witness may be outside the physical presence of the notary public or remotely located individual if the notary public, credible witness, and remotely located individual can communicate simultaneously by using communication technology.

History

• SOURCE: § 23.9 of Regulation No. 73-13, approved May 24, 1973, as published at 19 DCR 1147 (June 11, 1973); as amended at 25 DCRR §§ 23.9; as amended by the New Columbia Statehood Initiative and Omnibus Boards and Commissions Reform Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-271; 62 DCR 1884 (February 13, 2015)); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2417

17 DCMR § 2418 STANDARDS FOR COMMUNICATION TECHNOLOGY

2418.1 Communication technology for remote notarial acts must provide for synchronous (i.e., existing or occurring at the same time) audio-visual feeds of sufficient audio clarity and video resolution to enable the notary public and remotely located individual to see and speak with each other. The process must provide a means for the notary public reasonably to confirm that an electronic record before the notary public is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature.

2418.2 Communication technology must provide reasonable security measures to prevent unauthorized access to:

The live transmission of the audio-visual feeds;

The processes used to perform identify proofing; and

If applicable, the electronic record that is the subject of the remote notarial act.

2418.3 If a remotely located individual must exit the identification verification process, the individual must restart the identify verification process required under Section 2417 from the beginning.

History

• SOURCE: §§ 24.1, 24.2, and 24.3 of Regulation No. 73-13, approved May 24, 1973, as published at 19 DCR 1147 (June 11, 1973); as amended at 25 DCRR §§ 24.1, 24.2, and 24.3; as amended by the New Columbia Statehood Initiative and Omnibus Boards and Commissions Reform Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-271; 62 DCR 1884 (February 13, 2015)); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2418

17 DCMR § 2419 CERTIFICATE OF REMOTE NOTARIAL ACTS

2419.1 A form of notarial certificate for a remote notarial act satisfies the requirement of Section 14a(h) of the Act (DC Official Code § 1-1231.13a(h)) and Section 14a(i) of the Act (DC Official Code § 1-1231.13a(i)) if it is in the form provided by Section 16 of the Act (D.C. Official Code § 1-1231.15) and contains a statement substantially as follows:

"This notarial act involved the use of communication technology."

2419.2 A short form of acknowledgment prescribed in Section 14a(i) of the Act (DC Official Code § 1-1231.13a(i)) satisfies the requirement of Section 16 of the Act (D.C. Official Code § 1–1231.15) if it is in substantially one of the following forms for the purposes indicated:

For an acknowledgment in an individual capacity:

District of Columbia:

This record was acknowledged before me by means of communication technology on (date) by (name(s) of individuals)

---

(Signature of notary public)

Notary Public

(Official stamp)

(My commission expires: . . . . )

(b) For an acknowledgment in a representative capacity:

District of Columbia

This record was acknowledged before me by means of communication technology on (date) by (name(s) of individuals) as (type of authority, such as officer or trustee) of (name of party on behalf of whom the instrument was executed)

---

(Signature of notary public)

Notary Public

(Official stamp)

(My commission expires: . . . . )

(c) For verification on oath or affirmation:

District of Columbia:

Signed and sworn to (or affirmed) before me by means of communication technology on (date) by (name(s) of individuals making statement)

---

(Signature of notary public)

Notary Public

(Electronic official stamp)

(My commission expires: . . . . )

(d) For witnessing or attesting a signature:

District of Columbia:

Signed or attested before me by means of communication technology on (date) by (name(s) of individuals)

---

(Signature of notary public)

Notary Public

(Electronic official stamp)

(My commission expires: . . . . )

(e) Certifying a copy of a record (D.C. Code 1-1231.15(5)):

District of Columbia

I certify that this is a true and correct copy, shown to me through communications technology, of a record in the possession of (names of individuals in possession of the record)__________

Dated ( date)

---

Signature of person having document notarized

---

Signature of notary public

[Seal]

[Title of office]

(My commission expires: . . . ]

History

• SOURCE: § 25.1 of Regulation No. 73-13, approved May 24, 1973, as published at 19 DCR 1147 (June 11, 1973); as amended at 25 DCRR § 25.1; as amended by the New Columbia Statehood Initiative and Omnibus Boards and Commissions Reform Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-271; 62 DCR 1884 (February 13, 2015)); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2419

17 DCMR § 2420 RETENTION OF AUDIO-VISUAL RECORDINGS; REPOSITORIES

2420.1 A notary public must retain any audio-visual recording created under Section 14a(b)(3) of the Act (DC Official Code § 1-1231.13a(b)(3)) in a computer or other electronic storage device that protects the recording against unauthorized access by password or other secure means of authentication. The recording must be created in an industry-standard audio-visual file format.

2420.2 An audio-visual recording must be retained for at least ten (10) years after the recording is made.

2420.3 A notary public must take reasonable steps to ensure that a backup of the audio-visual recording exists and is secure from unauthorized use.

2420.4 The fact that the notary public's employer, contractor, or repository keeps or stores any audio-visual recordings shall not relieve the notary of the duties required by these rules.

2420.5 The personal representative or guardian of a notary public shall follow Section 14a(j) (DC Official Code § 1-1231.13a(j)) of the Act related to the disposition of the notary public's audio-visual recordings upon the death or adjudication of incompetency of the notary public.

2420.6 The notary public, or the notary's personal representative or guardian, shall provide access instructions to the ONCA for any audio-visual recordings maintained or stored by the notary, upon commission resignation, revocation, or expiration without renewal, or upon the death of adjudication of incompetency of the notary.

2420.7 A notary public, or the notary's personal representative or guardian, may by written contract engage a third party to act as a repository to provide the storage required by this section. A third party under contract under this section shall be deemed a repository under Section 14a(j) (DC Official Code § 1-1231.13a(j)) of the Act.

2420.8 Any contract under Subsection 2420.7 of this section must:

Enable the notary public, or the notary’s personal representative or guardian, to comply with the retention requirements of this section even if the contract is terminated; or

(b) Provide that the information will be transferred to the notary public, or to the notary’s personal representative or guardian, if the contract is terminated.

History

• SOURCE: §§ 25.2 and 25.3 of Regulation No. 73-13, approved May 24, 1973, as published at 19 DCR 1147 (June 11, 1973); as amended at 25 DCRR §§ 25.2 and 25.3; as amended by the New Columbia Statehood Initiative and Omnibus Boards and Commissions Reform Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-271; 62 DCR 1884 (February 13, 2015)); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2420

17 DCMR § 2421 REFUSAL TO PERFORM NOTARIAL ACTS

2421.1 A notary public may refuse to perform a notarial act unless refusal is prohibited by a law other than this chapter.

2421.2 A notary public, other than a notary public acting pursuant to a commission from the federal government, may refuse to perform a notarial act if the notary is not satisfied that:

The individual executing the record is competent or has the capacity to execute the record; or

(b) The individual’s signature is knowingly and voluntarily made.

History

• SOURCE: § 25.4 of Regulation No. 73-13, approved May 24, 1973, as published at 19 DCR 1147 (June 11, 1973); as amended at 25 DCRR § 25.4; as amended by the New Columbia Statehood Initiative and Omnibus Boards and Commissions Reform Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-271; 62 DCR 1884 (February 13, 2015)); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2421

17 DCMR § 2422 JOURNAL OF NOTARIAL ACTS REQUIRED

2422.1 Each notary public, including each electronic notary or remote notary, shall record each notarial act in a journal at the time of notarization in compliance with Section 19 of the Act (D.C. Official Code § 1-1231.18) and these rules as follows:

The notary public shall maintain a journal in which the notary records all notarial acts that the notary performs. The notary shall retain the journal until required to transmit the journal to ONCA under paragraphs (e) and (f) of this Subsection.

(b) Requirements for the journal are as follows:

(1) A journal may be created on a tangible medium or in an electronic format.

(2) The notary may maintain a separate journal for tangible records. If the journal is maintained on a tangible medium, it shall be a permanent bound register with numbered pages. If the journal is maintained in an electronic format, it shall be protected with technology designed to allow a person inspecting the journal to determine whether there has been any tampering with its integrity.

(c) An entry in a journal shall be made contemporaneously with performance of the notarial act performed in the physical presence of the notary and contain the following information:

(1) The date and time of the notarial act;

(2) A description of the record, if any, and type of notarial act;

(3) The full name and address of each individual for whom the notarial act is performed;

(4) If the identity of the individual is based on personal knowledge, a statement to that effect;

(5) If the identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of an identification credential when such a credential is used;

(6) The fee, if any, charged by the notary; and

(7) The signature of each individual for whom the notarial act is performed.

(d) If a notary public’s journal is lost or stolen, the notary shall notify ONCA within ten (10) business days of discovering the journal was lost or stolen. The notary must purchase a new journal within fifteen (15) business days of discovering the journal was lost or stolen.

(e) If the notary public terminates his or her commission or endorsement or that commission or endorsement is revoked or suspended, the notary shall transmit the journal to ONCA.

(f) If the notary dies or is adjudicated incompetent, the notary’s personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to ONCA.

History

• SOURCE: § 31.1 of Regulation No. 73-13, approved May 24, 1973, as published at 19 DCR 1147 (June 11, 1973); as amended at 25 DCRR § 31.1; as amended by the New Columbia Statehood Initiative and Omnibus Boards and Commissions Reform Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-271; 62 DCR 1884 (February 13, 2015)); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2422

17 DCMR § 2423 FORMAT OF JOURNALS OF NOTARIAL ACTS

2423.1 A tangible notarial journal shall:

Be a permanent, bound book with numbered pages; and

Have the capacity to record for each notarial act:

The information required by Section 19 of the Act (D.C. Official Code § 1-1231.18(c)(1)-(7));

A description of the notary public’s method of identifying the individual for whom the notarial act is performed; and

The individual’s signature, or the signature of an authorized party in compliance with Section 9 of the Act (D.C. Official Code § 1-1231.08), or a notation that the notarial act was a remote notarial act.

2423.2 If a notary public subject to Section 19 of the Act (D.C. Official Code § 1-1231.18) keeps an electronic journal pursuant to that provision, the electronic journal shall:

Be capable of recording the same information required for a tangible notarial journal;

Enable access by a password or other secure means of authentication;

Be capable of creating a duplicate record of the journal as a backup; and

Be capable of providing tangible or electronic copies of any entry made in the journal.

2423.3 Notaries performing remote notarial acts are not required to collect and maintain the signatures of the signers when those notarizations were performed remotely. For any remote notarial act, the notary must note in his or her journal that the notarization was performed remotely.

History

• SOURCE: Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2423

17 DCMR § 2424 DISPOSITION OF JOURNALS OF NOTORIAL ACTS

2424.1 The personal representative or guardian of a notary public commissioned by ONCA shall, if the notary dies or is adjudicated incompetent, follow Section 2422.1(f) related to the disposition of the notary’s journals.

2424.2 If a notary public terminates his or her commission, the notary’s commission is revoked or expires without renewal, or the notary dies or is adjudicated incompetent, the notary or the notary’s personal representative shall provide access instructions to ONCA for any electronic journal maintained or stored by the notary.

History

• SOURCE: Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2424

17 DCMR § 2425 FEES FOR NOTARIAL ACTS

2425.1 The maximum fee a notary public commissioned by ONCA may charge for notarial acts are:

Notarial Acts

Fee

Witnessing or attesting a signature

$5.00

Taking an acknowledgment or a verification upon oath or affirmation

$5.00

Certifying or attesting a copy

$5.00

Administering an oath or affirmation

Electronic Notarial Acts (Pursuant to Subsection 2409.1)

An electronic notary may charge a reasonable fee based on the electronic technology that the electronic notary uses if that fee is agreed to in advance with the customer and itemized separately on the invoice.

Remote Notarial Acts

$5.00

$25.00

2425.2 Except for a notary public commissioned by the federal government, a notary public, including an electronic notary, who is exempted from paying the application fee pursuant to Section 20(b) of the Act (D.C. Official Code § 1-1231.19(b)) shall not collect a notary fee.

2425.3 Nothing in this chapter shall be construed to require that a notary public or an electronic notary charge for notarial acts.

2425.4 A notary public commissioned by ONCA, including an electronic notary, may, in addition to the fees described in Subsection 2425.1, charge the actual costs of copying any instrument or record. The notary may not charge any other additional fees when performing the notarial act in the notary’s place of business or residence.

2425.5 A notary public commissioned by ONCA, including an electronic notary, may charge a travel fee in addition to the fees listed at Subsection 2425.1 when traveling to perform a notarial act if:

The notary public and the individual requesting the notarial act agree upon the travel fee in advance of the travel;

The notary public explains to the individual requesting the notarial act that the travel fee is in addition to the notarial fee in Subsection 2425.1 and is not required by law;

The fee is for travel to a place that is not the usual place where the notary public performs notarial acts; and

The fee does not exceed the actual and reasonable expense of traveling to the place where the notarial act is to be performed.

2425.6 Except as authorized by statute or regulation, a District of Columbia Government Notary shall not charge a fee for notarial acts performed in that capacity.

History

• SOURCE: Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2425

17 DCMR § 2426 FORMS

2426.1 The forms in Section 16 of the Act (D.C. Official Code § 1-1231.15) are examples of certificates with the sufficient information included. In contexts where another District law requires a specific form, that form shall be used.

History

• SOURCE: Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2426

17 DCMR § 2427 CHANGE OF NAME OR ADDRESS

2427.1 When a notary public changes their name or address, the notary shall notify ONCA of such change on forms prescribed by ONCA within fifteen (15) business days.

2427.2 A name change notification must be accompanied by a bond rider from the bonding company amending the notary bond and duplicate notary commission certificate showing the new name. ONCA will not impose a fee for a name or an address change and will not issue a new notary commission certificate.

2427.3 A notary public that submits a name change notification shall order a new seal with the new name and provide ONCA with an impression of the seal. In the case of an electronic notary, the person shall provide an exemplar of the electronic seal.

History

• SOURCE: Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2427

17 DCMR § 2428 DENIAL OR REFUSAL TO RENEW, REVOKE, SUSPEND, OR IMPOSE A CONDITION ON A COMMISSION AS NOTARY PUBLIC OR ENDORSEMENT AS AN ELECTRONIC NOTARY

2428.1 (a) Notwithstanding Subsection 2400.8, ONCA may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public or an endorsement as an electronic notary for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, as set forth in Section 23 of the Act (D.C. Official Code § 1-1231.22). Any restriction, suspension, or revocation of a notary public’s commission will automatically have the same effect on any electronic notary endorsement the notary public holds.

(b) If ONCA denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public or endorsement as an electronic notary, the applicant or notary public is entitled to timely notice and hearing before the Office of Administrative Hearings pursuant to Subsection 6(b-20) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.03(b-20)) and § 2431.

(c) The authority of ONCA to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public shall not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.

2428.2 A notary public may resign their notary public commission or electronic notary endorsement by notifying ONCA of this intent in writing, or by email to notary@dc.gov. In the case of an electronic notary endorsement, the electronic notary shall notify ONCA of this intent in writing or by email to notary@dc.gov and dispose of all or any part of a tamper-evident technology in the notary’s control whose purpose was to perform electronic notarizations.

2428.3 A notary public may terminate the electronic notary endorsement but still maintain the notary public commission.

2428.4 A notary public whose commission is terminated or expired, either by the notary or ONCA, shall disable their official seal by destroying, defacing, damaging, or securing the device against use.

History

• SOURCE: Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2428

17 DCMR § 2429 PROHIBITED ACTS

2429.1 A commission as a notary public shall not authorize an individual to:

(a) Assist persons in drafting legal records, give legal advice, or otherwise practice law;

(b) Act as an immigration consultant or an expert on immigration matters;

(c) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or

(d) Receive compensation for performing any of the activities listed in this Subsection.

2429.2 A notary public shall not engage in false or deceptive advertising.

2429.3 A notary public, other than an attorney licensed to practice law in the District, shall not represent him or herself to be a “notario” or “notario publico”.

2429.4 (a) A notary public, other than an attorney licensed to practice law in the District, shall not advertise or represent that the notary may assist persons in drafting legal records, give legal advice, or otherwise practice law.

(b) If a notary public who is not an attorney licensed to practice law in the District in any manner advertises or represents that the notary offers notarial services, whether orally or in a record, including through broadcast media, print media, and the Internet, then the notary shall include the following statement in the advertisement or representation, prominently and in each language used in the advertisement or representation: “I am not an attorney licensed to practice law in the District. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” If the form of advertisement or representation is not broadcast media, print media, or the Internet and does not permit inclusion of the statement required by this Subsection because of size, it shall be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

2429.5 Except as otherwise authorized by law, a notary public shall, upon the request of a person who has provided the notary public with original records, return those records to the person.

2429.6 A notary public shall not charge a higher fee than permitted in rules issued by the Secretary and ONCA.

History

• SOURCE: Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2429

17 DCMR § 2430 CHANGE OF APPLICATION INFORMATION

2430.1 If any of the information submitted on a notary public’s commission application pursuant to Section 2400 changes, the notary public shall report this change to ONCA in writing, or by email to notary@dc.gov, within fifteen (15) business days.

History

• SOURCE: Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2430

17 DCMR § 2431 FILING A PETITION FOR REVIEW OF ADVERSE NOTARY COMMISSION DECISION

2431.1 A petition for review shall be sent to the Office of Administrative Hearings (OAH), pursuant to the OAH Rules of Practice and Procedures set forth in 1 DCMR Chapter 28.

History

• SOURCE: Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2431

17 DCMR § 2432 CERTIFICATION (AUTHENTICATIONS) OF NOTARIES PUBLIC AND CERTIFICATION OF RECORDS

2432.1 The Secretary shall issue certifications (authentications) of seals and signatures of notaries appointed in the District of Columbia pursuant to An Act To relieve the Commissioners of the District of Columbia of certain ministerial duties, approved February 11, 1932 (47 Stat. 48; D.C. Official Code § 1-301.23 (2016 Repl.)); the Notaries Public Authentications and License Fee Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-223; 57 DCR 6242, 6259 (July 23, 2010)) (increased fee for the issuance of certifications); Mayor’s Order 97-177 §§ 3(c), 3(e), 3(f) and 13, dated October 9, 1997 (authority of the Secretary to execute agreements and affix the seal on behalf of the Mayor; for the Secretary to sign certificates issued by the Mayor; for the Secretary to have custody of the Official Seal of the District of Columbia, authenticate official records, and delegate such functions to subordinate offices), and Mayor’s Order 2016-031, dated March 1, 2016.

2432.2 The Secretary shall issue certifications of the signatures of the District of Columbia governmental officials who are required to sign documents of public records. The certifications shall be as follows:

A Certificate: For documents that will be used within the United States, generally for interstate commerce.

Department Head Certificate: For documents that require the signature of an agency head (or his or her designee) and the official seal of the agency.

Apostille: For documents destined for countries that are parties to the Hague Convention.

Foreign Certificate: For documents destined for countries that are not parties to the Hague Convention.

2432.3 A fee of fifteen dollars ($15.00) per certificate shall be charged for the issuance of District certifications under this Section. The certifications will be issued through ONCA.

2432.4 For procedures on obtaining notarizations in other state or foreign jurisdictions that will be recognized in the District of Columbia, please see D.C. Official Code §§ 1-1231.10 and 1-1231.13.

History

• SOURCE: Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2432

17 DCMR § 2499 DEFINITIONS

2499.1 For the purposes of this chapter, the term:

“Acknowledgment” means a declaration by an individual that states the individual has signed a record for the purposes stated in the record, and if the record is executed in a representative capacity, that the person signed the record with proper authority and signed it as the act of the individual or entity identified in the record.

“Act” means the Revised Uniform Law on Notarial Acts of 2018, effective December 4, 2018 (D.C. Law 22-189; D.C. Official Code § 1-1231.01 et seq.).

“Communication technology” means an electronic device or process that:

(A) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and

(B) When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.

“District of Columbia Government Notary” means a District of Columbia government employee who is an individual applying for or holds an active notary commission on behalf of an agency of the government of the District of Columbia.

“Electronic” means relating to technology that has electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

“Electronic notarial act” means a notarial act performed with respect to an electronic record that complies with Section 21 of the Act (D.C. Official Code § 1-1231.20).

“Electronic notary” means an individual who has received an endorsement from the Mayor to perform a notarial act with respect to electronic records under Subsection 20(i) of the Act (D.C. Official Code § 1-1231.19(i)).

“Electronic signature” means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.

“Identity proofing” means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.

“In a representative capacity” means acting as:

An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;

A public officer, personal representative, guardian, or other representative, in the capacity stated in a record;

An agent or attorney-in-fact for an individual; or

(D) An authorized representative of another in any other capacity.

“Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of the District. The term “notarial act” includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, noting a protest of a negotiable instrument, taking and certifying the acknowledgment or proof of powers of attorney, mortgages, deeds, other instruments of writing, and taking affidavits to be used before any court, judge, or officer within the District.

“Notarial officer” means a notary public or other individual authorized to perform a notarial act.

“Notarial sealer” means:

A physical device capable of affixing to or embossing on a tangible record an official seal;

An electronic device or process capable of attaching to or logically associating with an electronic record an official seal; or

(C) A stamping device.

“Notary public” means an individual commissioned by the:

Mayor to perform notarial acts in the District; or

(B) Commissioning authority of the federal government, a state, or a federally recognized Indian tribe.

“Official seal” means a physical image affixed to or embossed on a tangible record or an electronic image securely attached directly to or logically associated with an electronic record.

“ONCA” means the Office of Notary Commissions and Authentications.

“Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

“Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a notarial act under Section 14a(b) of the Act (D.C. Official Code § 1-1231.13a(b)).

“Remote notarial act” means a notarial act for a remotely located individual that complies with Section 14a of the Act (D.C. Official Code § 1-1231.13(a).

“Remote notary” means a notary public located in the District who performs notarial acts for remotely located individuals.

“Secretary” means the Secretary of the District of Columbia.

“Sign” means, with present intent to authenticate or adopt a record, to:

Execute or adopt a tangible symbol; or

(B) Attach to or logically associate with the record an electronic symbol, sound, or process.

“Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.

“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

“Tamper-evident technologies” means technologies that are designed to allow a person inspecting an electronic record to determine whether there has been any tampering with the integrity of a certificate of notarial act logically associated with a record or with the attachment or association of the notarial act with that electronic record.

“Verification on oath or affirmation” means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.

History

• SOURCE: §§ 1.7 and 1.8(a) of Regulation No. 73-13, as amended by § 302 of the Notaries Public Fees Increase Act of 1983, effective June 22, 1983 (D.C. Law 5-14; 30 DCR 2632 (June 3, 1983)); as amended by Final Rulemaking published at 43 DCR 3365 (June 30, 1995); as amended by Final Rulemaking published at 57 DCR 5052 (June 11, 2010); as amended by the Notaries Public Authentications and License Fee Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-223; 57 DCR 6242, 6259 (July 23, 2010)); as amended by Final Rulemaking published at 63 DCR 9099 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2499

17-25 ACCOUNTANTS

17 DCMR § 2500 BOARD OF ACCOUNTANCY

2500.1 The provisions of this chapter are adopted by the District of Columbia Board of Accountancy (the Board) pursuant to its authority under Non-Health Related Occupations and Professions Licensure Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D. C. Official Code § 47-2853.01 et seq. (2001)).

2500.2 The purpose of this chapter is to promote and protect the public interest by implementing the provisions of the Act, which provides for the licensing of certain practitioners of public accountancy and seeks to enhance the reliability of information which is used in financial transactions or for accounting for or assessing the financial status or performance of commercial, non-commercial, and governmental enterprises.

2500.3 The chairperson is authorized to sign all orders issued on behalf of the Board.

2500.4 A majority of the Board shall be in attendance at a meeting to constitute a quorum.

2500.5 A majority vote of those Board members present and voting is necessary for the Board to take any action.

2500.6 The Board shall meet no less than four times per year.

2500.7 The Board may meet in committees smaller than the full Board, but of not less than three members, for carrying out specific functions of the Board, provided that any actions of such smaller committees are ratified by the full Board.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2501 APPLICATION FOR LICENSURE AND EXAMINATION

2501.1 Each applicant for a Certified Public Accountant’s license in the District of Columbia by examination, reciprocity, or for an endorsement of a Certified Public Accountant license, shall duly file with the Board an application on a form prescribed and provided by the Board.

2501.2 An application for licensure is not considered filed until the Board receives all supporting documents, the application fee, and, if applicable, the examination fee. Supporting documents may include proof of identity as specified on the application form, certification of experience, official transcripts, and proof that the applicant has completed the education requirement.

2501.3 Each applicant shall attest to the truthfulness of the application before a notary public, who shall affix his or her seal to the application.

2501.4 Applications to take the Uniform CPA Examination shall be made on a form provided by the Board and shall be filed with the Board by the date provided on the application form.

2501.5 If applicable, the Board or its designee will forward notification of the applicant’s eligibility for the computer-based examination to the National Association of State Boards of Accountancy (NASBA) for inclusion in the National Candidate Database.

2501.6 Eligible candidates shall be notified of the time and place of a computer-based examination or shall independently contact the Board or a test center operator identified by the Board to schedule the time and place for the computer-based examination at an approved test site. Scheduling reexaminations shall be made in accordance with the rules established by NASBA.

2501.7 An applicant, upon receiving notification that he or she is eligible to take the CPA examination, shall be classified as a candidate for the purposes of these regulations.

2501.8 A candidate who fails to appear for a scheduled Testing Event of the computer-based examination shall forfeit all fees charged for both the application and the examination.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004); as amended by Final Rulemaking published at 72 DCR 001508 (February 14, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2501

17 DCMR § 2502 BOARD ACTION ON APPLICATIONS

2502.1 The Board may review and take action on all applications.

2502.2 The applicant shall have the burden of proving that he or she meets the required qualifications.

2502.3 The Board may not presume qualifications not shown on the application.

2502.4 The Board may disapprove an application that fails to provide the required information.

2502.5 After giving notice and opportunity for a hearing, the Board may disqualify an applicant for either of the following reasons:

(a) If the applicant has knowingly made or allowed to be made, directly or indirectly, any false or misleading statements in connection with his or her application; or

(b) If the applicant has attempted to influence, directly or indirectly, any member of the Board in the discharge of the member's duties relating to an application.

2502.6 At the discretion of the Board, any applicant whose application has been disqualified may not reapply for a minimum of one (1) year from the date of disqualification.

2502.7 Any licensee who has been requested by an applicant to submit to the Board evidence of the applicant’s experience and has refused to do so shall, upon request by the Board, explain in writing or in person the basis for the refusal.

2502.8 The Board may require any licensee who has furnished evidence of an applicant’s experience to substantiate the information provided in the following manner:

(a) Any applicant may be required to appear before the Board or its representative to supplement or verify evidence of experience; and

(b) The Board may inspect documentation relating to an applicant’s claimed experience.

2502.9 The Director shall not issue a license or permit unless the applicant has been approved by the Board.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2503 EDUCATIONAL REQUIREMENTS

2503.1 An applicant for licensure as a certified public accountant shall establish to the satisfaction of the Board that he or she:

(a) Holds a baccalaureate degree with a concentration in accounting conferred by a college or university recognized by the Board or holds that which the Board determines to be substantially the equivalent thereof; or

(b) Holds a baccalaureate degree acceptable to the Board supplemented with the equivalent of an accounting concentration including related courses in other areas of business administration; and

(c) For applicants receiving their baccalaureate degree after January 1, 2000, in addition to meeting the requirements of either subparagraphs (a) or (b) of this section, possesses one hundred fifty (150) semester hours of college education.

2503.2 The college or university that conferred the degree relied upon by the applicant shall either have been accredited or licensed by the D.C. Education Licensure Commission or have been a member of a regional accrediting agency recognized by the Board when the applicant’s degree was awarded.

2503.3 The following regional accrediting agencies shall be recognized by the Board:

(a) Middle States Association of Colleges and Secondary Schools;

(b) New England Association of Schools and Colleges;

(c) North Central Association of Colleges and Secondary Schools;

(d) Northwest Association of Schools and Colleges;

(e) Southern Association of Colleges and Schools; and

(f) Western Association of Schools and Colleges.

2503.4 The educational institution shall have been accredited in accordance with this section when the applicant’s degree was awarded.

2503.5 A listing of the colleges and universities accredited by the regional accrediting agencies recognized by the Board is contained in the most recent edition of “Accredited Institutions of Postsecondary Education,” published by the American Council on Education.

2503.6 If the educational institution that conferred the degree relied upon by the applicant in his or her application was not accredited when an applicant received the degree, but the institution was accredited when the applicant filed his or her application with the Board, the Board shall deem the institution to have been accredited for the purposes of this section if the educational institution does the following:

(a) Certifies that the applicant’s total educational program would qualify the applicant for graduation with a baccalaureate degree during the time the institution has been accredited; and

(b) Furnishes the Board satisfactory proof, including college catalogue course numbers and descriptions, that the pre-accrediting courses used to qualify the applicant as an accounting major can be matched with substantially equivalent post accrediting courses.

2503.7 If an applicant’s degree was received from an accredited college or university as defined in this section, but the educational program used to qualify the applicant as an accounting major included courses taken either before or after graduation at a non-accredited institution(s), the courses shall be deemed to have been taken at the institution from which the applicant’s degree was received if either of the following requirements are met:

(a) The courses from the non-accredited institution have been included in the applicant’s official transcript; or

(b) The accredited degree-granting institution certifies to the Board that it accepted the courses from the non-accredited institution for credit toward graduation.

2503.8 For the purposes of this chapter, a concentration in accounting, or the equivalent, shall consist of a minimum of three (3) semester hours in commercial law and a minimum of twenty-four (24) semester hours in accounting subjects. The accounting subjects shall include courses in financial accounting, auditing, cost accounting, and federal income taxes.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2504 EXPERIENCE REQUIREMENTS

2504.1 An applicant for initial issuance of a license shall show that he or she has had at least one year of experience. One year of experience shall consist of full or part-time employment that extends over a period of no less than a year and no more than three years and includes no fewer than 2,000 hours performing the services described in § 2504.3.

2504.2 Experience gained through employment in government, industry, academia or public practice shall qualify.

2504.3 Acceptable experience shall be earned within the ten (10) years immediately preceding the application for licensure and may consist of providing any type of business services or advice using accounting, attest services, compilation, management advisory, financial advisory, tax, or consulting skills. The Board shall consider such factors as the complexity and diversity of work.

2504.4 The applicant shall have his or her experience verified to the Board by a CPA licensed in the District of Columbia or another State.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004); as amended by Final Rulemaking published at 72 DCR 001508 (February 14, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2504

17 DCMR § 2505 EXAMINATIONS

2505.1 The examination approved by the Board shall test the knowledge and skills required for performance as an entry-level certified public accountant. The Board may vote to utilize an examination developed and administered by a third party, but any examination approved by the Board shall include the subject areas of accounting, auditing, and related knowledge and skills.

2505.2 The Director may charge, or provide for a third party administering the Board’s examination to charge, each applicant an examination fee.

2505.3 Cheating by a candidate in applying for, taking, or after the examination will invalidate any grade otherwise earned by a candidate on any Test Section of the examination, and may warrant summary expulsion from the test site and disqualification from taking the examination for a specified period of time.

2505.4 For purposes of this chapter, the following actions or attempted activities, among others, may be considered cheating:

(a) Falsifying or misrepresenting educational credentials or other information required for admission to the examination;

(b) Communication between candidates inside or outside the test site or copying another candidate’s answers while the examination is in progress;

(c) Communication with others inside or outside the test site while the examination is in progress;

(d) Substitution of another person to sit in the test site in the stead of a candidate;

(e) Reference to crib sheets, textbooks or other material or electronic media (other than that provided to the candidate as part of the examination) inside or outside the test site while the examination is in progress;

(f) Violating the nondisclosure prohibitions of the examination or aiding or abetting another in doing so; and

(g) Retaking or attempting to retake a Test Section by an individual holding a valid license or by a candidate who has unexpired credit for having already passed the same Test Section, unless authorized by the Board.

2505.5 In any case where it appears that cheating has occurred or is occurring, the Board or its representatives may either summarily expel the candidate involved from the examination or move the candidate to a position in the test center away from other examinees where the candidate can be watched more closely.

2505.6 In any case where the Board believes that it has evidence that a candidate has cheated on the examination, including those cases where the candidate has been expelled from the examination, the Board shall conduct an investigation and, following the examination session, may conduct a hearing consistent with the requirements of D.C. Official Code § 2-501 et seq. (2001), to determine whether there was cheating and, if so, what remedy should be applied. In proceedings held pursuant to this subparagraph, the Board shall decide:

(a) Whether the candidate shall be given credit for any portion of the examination completed in that session; and

(b) Whether the candidate shall be barred from taking the examination and if so, for a period of time not to exceed five (5) years.

2505.7 In any case where the Board or its representative permits a candidate to continue taking the examination, it may:

(a) Admonish the candidate;

(b) Seat the candidate in a segregated location for the rest of the examination;

(c) Keep a record of the candidate’s seat location and identifying information;

(d) Keep the names and identifying information of the candidates in close proximity of the candidate; and

(e) Before the introduction of a computer-based examination, notify the appropriate authority of the circumstances, furnishing the candidate’s identification number, so that after the initial grading is completed, the candidate’s papers can be compared for unusual similarities with the papers of others who may have been involved. Upon introduction of a computer-based examination, notify NASBA and the AICPA and/or the test center of the circumstances, so that the candidate’s actions may be noted in the National Candidate Database and the candidate may be more closely monitored in future examination sessions.

2505.8 In any case in which a candidate is refused credit for any Test Section of an examination taken, disqualified from taking any Test Section, or barred from taking the examination in the future, the Board will provide to NASBA and the Accountancy Board of any other state to which the candidate may apply for the examination information as to the Board’s findings and actions taken.

2505.9 The Board shall approve an application to take the Uniform CPA Examination if the applicant establishes to the satisfaction of the Board that he or she:

(a) Holds a baccalaureate degree with a concentration in accounting conferred by a college or university recognized by the Board, or holds that which the Board determines to be substantially the equivalent thereof; or

(b) Holds a baccalaureate degree acceptable to the Board supplemented with the equivalent of an accounting concentration, including related courses in other areas of business administration; and

(c) For an applicant receiving his or her baccalaureate degree after January 1, 2000, in addition to meeting the requirements of either paragraphs (a) or (b) of this subsection, the applicant must possess one hundred twenty (120) semester hours of college education; provided, that such an applicant will not be eligible for licensure unless or until the candidate possesses one hundred fifty (150) semester hours of college education, as required by § 2503.1(c).

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004); as amended by Final Rulemaking at 56 DCR 3666 (May 8, 2009); as amended by Final Rulemaking published at 72 DCR 001508 (February 14, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2505

17 DCMR § 2506 CREDIT FOR EXAMINATION; TIME PERIOD TO PASS

2506.1 The candidate is required to pass all Test Sections of the Uniform CPA Examination in order to qualify for a license.

2506.2 Upon receipt of advisory grades from the examination provider, the Board will review and may adopt the examination grades and will report the official results to the candidate.

2506.3 The passing grade for each Test Section shall be the uniform passing grade established through the standard-setting procedure used by the AICPA Board of Examiners and reported to the Board by NASBA. The Board shall report the candidate’s score to the candidate using a numeric scale of zero through ninety-nine (0-99) that is calculated by AICPA. A score of seventy-five (75) or greater shall represent a passing score.

2506.4 [Repealed].

2506.5 A candidate may take the required Test Sections individually and in any order.

2506.6 [Repealed].

2506.7 A candidate shall pass all Test Sections of the Uniform CPA Examination within a continuous thirty (30)-month period, regardless of the number of Test Section(s) taken. The continuous thirty (30)-month period shall begin on the date that the first passing score(s) of the candidate is released by NASBA to the candidate. The continuous thirty (30)-month period shall conclude on the date the candidate sits for the final Test Section passed, regardless of when the score is released by NASBA to the candidate for the final Test Section.

2506.8 A candidate may not retake a failed Test Section until the candidate has been notified of the score for the most recent attempt of that failed Test Section.

2506.9 If a candidate does not pass all Test Sections of the Uniform CPA Examination within a continuous thirty (30)-month period, credit for the first Test Section(s) passed shall expire and a new continuous thirty (30)-month period shall begin on the date the next passing score(s) were released by NASBA to the candidate and continue for a thirty (30)-month period from that date. This cycle of thirty (30)-month continuous periods and Test Section credit expirations shall continue until all Test Sections are passed within one thirty (30)-month continuous period. Notwithstanding the foregoing, if a candidate stops testing for a thirty (30)-month period, then all credit for previously passed Test Section(s) shall expire.

2506.10 If the Uniform CPA Examination is postponed, the Board shall grant the candidates affected by the postponement additional time beyond the continuous thirty (30)-month period to pass the Test Sections of the Uniform CPA Examination. The additional time granted by the Board shall be either the number of days between the date of the postponed examination and the next date that the Board allows the affected candidates to retake the Uniform CPA Examination, or a period of three (3) months, whichever results in the most additional time.

2506.11 [Repealed].

2506.12 [Repealed].

2506.13 [Repealed].

2506.14 [Repealed].

2506.15 A candidate retains credit for each Test Section of an examination passed in another state if the candidate would have earned credit under the then applicable requirements if the candidate had taken the examination in the District of Columbia.

2506.16 [Repealed].

2506.17 A candidate is deemed to have passed the Uniform CPA Examination when the candidate holds, at the same time, valid credit for passing each of the Test Sections of the examination in one continuous thirty (30)-month period. For purposes of this section, the period for passing a Test Section of the examination is determined pursuant to the requirements § 2506.7 and 2506.9.

2506.18 The candidate shall, for each Test Section scheduled by the candidate, pay to the Board or its designee, a Candidate Testing Fee. The Candidate Testing Fee is the total amount of the actual fees charged by the testing services or agencies, including rescheduling fees, plus the reasonable application fees established by the Director.

History

• SOURCE: Final Rulemaking published at 40 DCR 8168 (November 19, 1993); as amended by Final Rulemaking published at 51 DCR 4401 (April 30, 2004); as amended by Final Rulemaking published at 72 DCR 001508 (February 14, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2506

17 DCMR § 2507 EXAMINATION SECURITY AND IRREGULARITIES

2507.1 Notwithstanding any other provision of this chapter, a scheduled examination, the release of grades, or the issuance of licenses and certificates may be postponed due to:

A breach of examination security;

Unauthorized acquisition or disclosure of the contents of an examination;

Suspected or actual negligence, errors, omissions, or irregularities in conducting an examination; or

Any other reasonable cause or unforeseen reason.

2507.2 If a scheduled examination is postponed, the Board shall grant the candidates affected by the postponement additional time to pass the Test Sections of the Uniform CPA Examination, in accordance with § 2506.10.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004); as amended by Final Rulemaking published at 72 DCR 001508 (February 14, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2507

17 DCMR § 2508 LICENSURE OF CPAS BY RECIPROCITY OR ENDORSEMENT

2508.1 The Board may issue a license to practice as a CPA in the District of Columbia to an individual applying for licensure by reciprocity or endorsement only after the Board or its designee has:

(a) Verified that the qualifications relied upon by the applicant, as set forth in §§ 2508.2 and 2508.3, meet or exceed the standards for licensure by examination in the District of Columbia;

(b) Verified that the applicant’s license is in good standing in the applicant’s current jurisdiction; and

(c) Verified that the applicant has paid the application fee.

2508.2 The Board may issue a CPA license to an individual by reciprocity and may presume that the individual meets the licensure requirements of the District of Columbia if the applicant meets the following conditions:

(a) The applicant possesses a valid license as a Certified Public Accountant from any State of the United States whose licensing standards are verified by the National Association of State Boards of Accountancy (NASBA) National Qualification Appraisal Service or successor organization to be in substantial equivalence with the UAA; and

(b) The Board considers the State’s licensing standards to be in substantial equivalence with the licensing standards of the District of Columbia.

2508.3 The Board may issue a CPA license by Endorsement to an individual if the individual holding a valid CPA license from any jurisdiction in the United States that is not in substantial equivalence with the UAA presents evidence to the Board of his or her own education and experience qualification and the Board approves the applicant for licensure.

SOURCR: Final Rulemaking published at 41 DCR 7352 (November 11, 1994); as amended by Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2509 RECIPROCITY FOR ACCOUNTANTS LICENSED IN FOREIGN COUNTRIES

2509.1 The Board may issue a license to practice as a CPA in the District of Columbia to applicants licensed in foreign countries who meet the following criteria:

(a) The applicant is a member in good standing of any professional accounting organization which has a current Mutual Recognition Agreement with NASBA and the AICPA or any successors or assignee as selected by the Board;

(b) The applicant has passed the International Uniform CPA Qualification Examination (IQEX); and

(c) The applicant has paid the applicable fees.

SOURCR: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2510 CODE OF PROFESSIONAL CONDUCT: INDEPENDENCE, INTEGRITY, AND OBJECTIVITY STANDARDS

2510.1 A licensee shall not permit his or her name to be associated with financial statements of an enterprise when the association would imply that the licensee is acting as an independent certified public accountant to the enterprise unless he or she is independent.

2510.2 A licensee shall not claim independence if, during the period of a professional engagement or when expressing an opinion, the licensee did any of the following:

(a) Had or was committed to acquire any direct or material indirect financial interest in the enterprises;

(b) Was a trustee of any trust, or executor or administrator of any estate, if the trust or estate had or was committed to acquire any direct or material indirect financial interest in the enterprise;

(c) Had any joint, closely held business investment with the enterprise or with any officer, director, or principal stockholder of the enterprise which was material in relation to the net worth of either the licensee or the enterprise; or

(d) Had any loan to or from the enterprise or any officer, director, or principal stockholder of the enterprise other than loans of the following kinds made by a financial institution under normal lending procedures, terms, and requirements:

(1) Loans obtained by the licensee that are not material in relation to the net worth of the borrower;

(2) Home mortgage; and

(3) Other secured loans, except those secured solely by guarantee of the licensee.

2510.3 A licensee shall not claim independence if, during the period covered by the financial statements or the professional engagement, or when expressing an opinion, the licensee was as follows:

(a) Connected with the enterprise as a promoter, underwriter, voting trustee, director or officer, or in any capacity equivalent to that of a member of management or of an employee; or

(b) A trustee for any pension or profit-sharing trust of the enterprise.

2510.4 A licensee shall not, in the performance of professional services, knowingly misrepresent facts or subordinate his or her judgment to others.

2510.5 In tax practice, a licensee may resolve doubt in favor of his or her client as long as there is reasonable support for the position.

2510.6 A licensee shall not receive a commission from any party for recommending to a client any product or service when the licensee also performs for that client:

(a) An audit or review of a financial statement;

(b) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee’s compilation report does not disclose a lack of independence; or

(c) An examination of prospective financial information.

2510.7 The provisions of § 2510.6 shall not prohibit the following payments:

(a) Payments for the purchase of all, or a material part, of an accounting practice;

(b) Retirement payments to persons formerly engaged in the practice of public accountancy; or

(c) Payments to the heirs or estate of persons formerly engaged in the practice of public accountancy.

2510.8 Any licensee who is paid or expects to be paid a non-prohibited commission for referring products or services to a client shall disclose such commission to a client.

2510.9 Any licensee who accepts a referral fee from another licensee for recommending or referring any service of a licensee to any person or entity, or who pays a referral fee to another licensee to obtain a client, shall disclose such acceptance of or payment of a referral fee to the client.

2510.10 A licensee shall not:

(a) Perform any professional services for a contingent fee or receive a contingent fee from a client for whom the licensee or the licensee’s firm performs;

(1) An audit or review of a financial statement;

(2) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee’s compilation report does not disclose a lack of independence; or

(3) An examination of prospective financial information.

(b) Prepare an original or amended tax return or claim for a tax refund for a contingent fee for any client.

2510.11 The prohibition in § 2510.6 applies during the period in which the licensee is engaged to perform any of the services listed in § 2510.10 and the period covered by any financial statements involved in any such listed services.

2510.12 Unless otherwise allowed by this chapter or the Act, a licensee may not enter into a contingent fee agreement.

2510.13 A contingent fee agreement exists when the licensee’s fee for services depends upon the findings or results of the licensee’s services.

2510.14 A fee is not a contingent fee if a court or other public authority fixes the fee, or, in tax matters, if the fee is based upon the results of judicial proceedings or the findings of governmental agencies.

2510.15 A licensee may vary fees, for reasons such as the complexity of services rendered, and such variation is not considered a contingent fee.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2511 CODE OF PROFESSIONAL CONDUCT: COMPETENCE AND TECHNICAL STANDARDS

2511.1 A licensee shall not undertake any engagement for the performance of professional services that he or she cannot reasonably expect to complete with due professional competence, including compliance, where applicable, with the requirements of this section.

2511.2 A licensee shall not permit his or her name to be associated with financial statements in a manner that implies that the licensee is acting as an independent public accountant with respect to those financial statements unless the licensee has complied with applicable generally accepted auditing standards.

2511.3 The Board considers statements on auditing standards issued by the American Institute of Certified Public Accountants and other pronouncements having similar generally recognized authority to be interpretations of generally accepted auditing standards. Departures from these statements shall be justified by anyone who does not follow them.

2511.4 A licensee shall not express an opinion that financial statements are presented in conformity with generally accepted accounting principles if the financial statements contain any departure from generally accepted accounting principles that has a material effect on the financial statements taken as a whole, except as provided in § 2511.5.

2511.5 A licensee may express an opinion that financial statements are presented in conformity with generally accepted accounting principles when the financial statements contain a departure from generally accepted accounting principles that has a material effect on the financial statements taken as a whole if the licensee can demonstrate that, by reason of unusual circumstances, the financial statements would otherwise have been misleading.

2511.6 When there is a departure from generally accepted accounting principles, the licensee’s report shall describe the departure, the approximate effects thereof, if possible, and the reasons why compliance with generally accepted accounting principles would result in a misleading statement.

2511.7 For purposes of this chapter, generally accepted accounting principles are those principles defined by pronouncements issued by the Financial Accounting Standards Board and its predecessor and similar pronouncements issued by other Board approved entities having similar, generally recognized authority.

2511.8 In the performance of other accounting services, a licensee shall comply with all professional and technical standards generally recognized by the profession for the particular service.

2511.9 A licensee, in the performance of professional services, shall not permit the use of his or her name in conjunction with any forecast of future transactions in a manner that may reasonably lead to the belief that the licensee vouches for the achievability of the forecast.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2512 CODE OF PROFESSIONAL CONDUCT: RESPONSIBILITIES TO CLIENTS

2512.1 A licensee shall not disclose, without the consent of his or her client, any confidential information pertaining to the client that the licensee obtained in the course of performing professional services.

2512.2 The provisions of this section do not do the following:

(a) Relieve a licensee of any obligations under § 2511;

(b) Affect in any way a licensee’s obligation to comply with a validly issued subpoena or summons enforceable by order of a court of competent jurisdiction;

(c) Prohibit disclosures during a quality review of a licensee’s professional services;

(d) Preclude a licensee from responding to any inquiry made by the Board or any investigative or disciplinary body established by law or formally recognized by the Board; or

(e) Relieve a licensee from any obligations incurred under the Sarbanes-Oxley Act of 2002, approved July 30, 2002 (Pub. L. 107-204, 116 Stat. 745 (2002)), and any rules or regulations promulgated pursuant thereto not already reflected within this chapter.

2512.3 Members of the Board and professional practice reviewers shall not disclose any confidential client information that comes to their attention from licensees in disciplinary proceedings or otherwise in carrying out their responsibilities, except that they may furnish this information to an investigative or disciplinary body of the kind referred to in this section.

2512.4 A licensee shall furnish to a client or former client, upon request made within a reasonable time after original issuance of the document in question, the following items:

(a) A copy of a tax return of the client;

(b) A copy of any report, or other document, issued by the licensee to or for the client;

(c) Any accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client’s premises or received from the client’s account; and

(d) A copy of the licensee’s working papers, to the extent that these working papers include records that would ordinarily constitute part of the client’s books and records and are not otherwise available to the client.

2512.5 A licensee may take and retain copies of accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client’s premises or received from the client’s account, when these records form the basis for work done.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2513 CODE OF PROFESSIONAL CONDUCT: OTHER RESPONSIBILITIES AND PRACTICES

2513.1 A licensee shall not commit any acts of dishonesty, fraud, or falsification of records that reflect adversely on his or her moral fitness to engage in the practice of certified public accounting.

2513.2 A licensee shall not permit others to carry out on his or her behalf, either with or without compensation, acts that, if carried out by the licensee, would place the licensee in violation of the Code of Professional Conduct.

2513.3 A licensee shall not use or participate in the use of any form of public communication which refers to the licensee’s professional services that contains a false, fraudulent, misleading, deceptive, or unfair statement or claim including, but not limited to, a statement or claim that does the following:

(a) Contains a misrepresentation of fact;

(b) Is likely to mislead or deceive because it fails to make full disclosure of relevant facts;

(c) Contains any testimonial, laudatory statement, or other statement or implication that the licensee’s professional services are of exceptional quality;

(d) Is intended or likely to create false or unjustified expectations of favorable results;

(e) Implies educational or professional attainments or licensing recognition not supported in fact;

(f) States or implies that the licensee has received formal recognition as specialist in any aspect of the practice of public accountancy, if this is not the case;

(g) Represents that professional services can or will be competently performed for a stated fee when this is not the case;

(h) Makes representations with respect to fees for professional services that do not disclose all variables affecting the fees that will in fact be charged; or

(i) Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.

2513.4 A licensee shall not solicit, by any direct personal communication, an engagement to perform professional services in the following circumstances:

(a) If the communication would violate § 2513.3, if it were a public communication or

(b) The communication uses coercion, duress, compulsion, intimidation, threats, overreaching, or vexatious or harassing conduct.

2513.5 A licensee shall practice public accountancy only in a sole proprietorship, partnership, or professional corporation organized in accordance with the D.C. Professional Corporation Act, approved December 10, 1971 (85 Stat. 576; D.C. Official Code § 29-401 et seq. (2001)) and D.C. Official Code § 47-2853.44 (2001).

2513.6 A licensee shall not practice public accountancy under a firm name which is misleading in any way as to the legal form of the firm, or as to the persons who are partners, officers, or shareholders of the firm, or as to any matter with respect to which public communications are restricted by § 2513.3. However, names of one or more past partners or shareholders may be included in the firm name of a partnership, corporation, or successor, and a partner surviving the death or withdrawal of all other partners may continue to practice under a partnership name for up to two (2) years after becoming a sole practitioner.

2513.7 When requested, a licensee shall respond to communications from the Board within thirty (30) days of receipt by registered or certified mail unless otherwise specified.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2514 EXCEPTIONS AND SAFE HARBOR LANGUAGE

2514.1 Non-licensees may use the following safe harbor language as a disclaimer in connection with financial statements to avoid violating these regulations and the Act:

(a) “I (We) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners).”; or

(b) “I (We) have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them.”

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2515 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2516 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2517 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2518 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2519 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2520 DENIAL, SUSPENSION, AND REVOCATION OF LICENSES

2520.1 Each applicant for examination, and each applicant for or holder of a license, shall be given notice and an opportunity for a hearing by the Board before the Board takes any action that would have one (1) or more of the following effects:

(a) Denial of permission to take an examination for a license for which an applicant has correctly filed and whose application has been accepted as meeting the qualifications for examination;

(b) Denial of a license after an examination for any cause other than failure to pass the examination;

(c) Denial of a license by endorsement to an applicant who meets the qualifications set forth in the Acts;

(d) Denial of a license to an applicant who meets the qualifications set forth in these regulations and the Acts;

(e) Suspension of a license;

(f) Revocation of a license;

(g) Reprimand of a licensee; or

(h) Refusal to issue a renewal by annual registration for any cause other than failure to pay the prescribed renewal fee or the operation of any other District law that prohibits the Department from issuing a renewal license for reasons unrelated to a deficiency in the application or the applicant’s professional conduct.

2520.2 When the Board contemplates taking any action of the type specified in § 2520.1(a), (b), or (c), it shall give the applicant a written notice at least fifteen (15) days before the hearing. The notice shall contain the following information:

(a) That the applicant has failed to satisfy the Board as to his or her qualification to sit for examination or to be approved for licensure, as the case may be;

(b) The reasons that the applicant has failed to satisfy the Board;

(c) That the applicant may obtain a hearing before the Board by making a request for a hearing in the following manner:

(1) Write a letter to the Board that contains a request for a hearing; and

(2) Mail the letter by certified mail or deliver the letter in person within twenty (20) days after service of the notice.

(d) That the applicant may be represented at the hearing by counsel.

2520.3 When the Board contemplates taking any action of the type specified in §§ 2520.1(d), (e), (f), (g), or (h), it shall give the person concerned a written notice at least fifteen (15) days before the hearing. The notice shall contain the following:

(a) That the Board has sufficient evidence which, if not rebutted or explained, justifies the Board in taking the proposed action; and

(b) That the Board will take the proposed action unless the person concerned requests a hearing before the Board by making a request for a hearing in the following manner:

(1) Write a letter to the Board that contains a request for a hearing; and

(2) Mail the letter by certified mail or deliver the letter in person within twenty (20) days after service of the notice.

(c) That the applicant may be represented at the hearing by counsel.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2521 FAILURE TO REQUEST A HEARING

2521.1 If the person concerned does not mail a request for a hearing within twenty (20) days after the Board served the notice of hearing, the Board may take the action proposed in the notice, without a hearing.

2521.2 Within ninety (90) days of any Board action taken pursuant to § 2521.1, the Board shall give, by certified mail, written notice of the Board’s action to the person concerned, and shall file copies of the notice with the Corporation Counsel and the Director.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2522 SERVICE OF NOTICES

2522.1 Any notice required by § 2520 or § 2524.1 may be served either personally by the Director or by certified mail, return receipt requested, directed to the person concerned at his or her last known residence or business address as shown by the records of the Department.

2522.2 If notice is served personally, it shall be deemed to have been served when delivery is made to the person concerned.

2522.3 If notice is served by certified mail, it shall be deemed to have been served on the date borne upon the return receipt showing delivery of the notice to the person concerned or refusal of the person concerned to receive notice.

2522.4 If the person concerned is no longer at the last known address as shown by the records of the Department, and no forwarding address is available, the notice shall be deemed to have been served on the date the Department received the return receipt bearing that notification.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2523 FAILURE TO APPEAR

2523.1 If a person who requested a hearing does not appear and no continuance has been requested or is granted, the Board may hear the evidence of the witnesses who appear.

2523.2 The Board also may proceed to consider the matter and render a decision based on evidence before it, in the manner required by this chapter.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2524 HEARING PROCEDURES

2524.1 If the person concerned mails a request for a hearing as required in § 2520, the Board shall, within twenty (20) days following receipt of a request, notify the person concerned of the time and place of the hearing.

2524.2 The Board shall hold the hearing not more than ninety (90) days nor less than thirty (30) days following the date of service of the notice.

2524.3 Each hearing before the Board shall be open to the public and all transcripts, filings, and other records associated with the hearing shall be available for public inspection unless sealed by operation of law or by an order issued by the hearing examiner or a court of competent jurisdiction.

2524.4 At each hearing, at least a majority of the members of the Board shall be present to hear the evidence and render a decision.

2524.5 A person entitled to a hearing shall have the following rights:

(a) To be represented by counsel;

(b) To present all relevant evidence by witnesses and books, papers, and other documents;

(c) To examine all opposing witnesses on any matter relevant to the issues; and

(d) To have subpoenas issued to compel the attendance of witnesses and the production of relevant books, papers, and documents upon making written request to the Board.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2525 HEARINGS: POWERS OF THE BOARD

2525.1 In connection with any hearing held pursuant to this chapter, the Board shall have the following powers:

(a) To request that counsel from the Office of the Corporation Counsel represent the District in any case before the Board;

(b) To administer oaths or affirmations, either personally or through a designated agent, to witnesses called to testify;

(c) To subpoena respondents and other witnesses and relevant books, papers, and documents;

(d) To take testimony and to examine witnesses; and

(e) To direct continuance of any case without regard to the limitation in § 2521.1.

2525.2 In proceedings before the Board, if any person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness, refuses to be examined, or refuses to obey any lawful order of the Board contained in a decision rendered after a hearing, the Board may make application to the Superior Court of the District of Columbia for an order requiring obedience.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2526 RECORD OF HEARING

2526.1 In all hearings conducted under this chapter, a complete record shall be made of all evidence presented during the course of the hearing.

2526.2 Parties to the proceedings and the public may obtain a copy of the record after paying the fee established by the Mayor.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2527 EVIDENCE AND BURDEN OF PROOF

2527.1 In all proceedings held by the Board, the Board shall receive and consider any evidence or testimony. However, the Board may exclude incompetent, irrelevant, immaterial, or unduly repetitious evidence or testimony.

2527.2 In any Board proceeding resulting from the Board’s proposed action to deny licensure, the applicant shall have the burden of satisfying the Board of his or her qualifications.

2527.3 In any Board proceeding resulting from the Board’s proposed action to refuse to renew, to cancel, to suspend, to revoke, or to censure a licensee, the Board shall have the burden of proving that such action should be taken.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2528 FINDINGS AND DECISIONS

2528.1 The members of the Board who conduct the hearing shall render their decision, in writing, as soon as practicable, but no later than ninety (90) days after the date that the hearing is completed.

2528.2 The decision of the Board shall contain the following:

(a) Findings of fact made by the Board;

(b) Application by the Board of the provisions of the statutes and this chapter to the facts as found by the Board;

(c) The decision of the Board based upon findings of fact and the application of the law;

(d) A statement informing the person concerned of his or her right to have the Board’s decision reviewed by the District of Columbia Court of Appeals; and

(e) A statement regarding the time within which a judicial review of the Board’s decision by the District of Columbia Court of Appeals shall be sought.

2528.3 Within ten (10) days after the Board renders its written decision, the Board shall serve a copy of the written decision upon the person concerned, or his or her attorney of record.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2529 REOPENING OF HEARING PROCEEDINGS

2529.1 If, because of accident, sickness, or other good cause, a person fails to receive a hearing or fails to appear for a hearing that he or she requested, the person may, within thirty (30) days from the date of the decision of the Board, apply to the Board to reopen the proceedings.

2529.2 If the Board finds sufficient cause to reopen a hearing, it shall immediately fix a time and place for a hearing and serve upon the person, the Corporation Counsel, and the Director notice as required by this chapter.

2529.3 The Board may reopen a proceeding if no appeal is pending before the D.C. Court of Appeals or the D.C. Court of Appeals has not decided the matter.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2530 CONTINUING EDUCATION: REQUIREMENTS FOR CERTIFIED PUBLIC ACCOUNTANTS HOLDING PERMITS TO PRACTICE

2530.1 A licensee seeking biennial renewal of a license shall provide proof of having completed no less than eighty (80) hours of acceptable continuing professional education during the two-year (2) period preceding the date the license expires.

2530.2 A licensee seeking to renew an initial license issued for less than two (2) years is not required to submit proof of continuing professional education for the first renewal.

2530.3 An applicant for reinstatement of a license, who has failed to renew the license for a period of less than five (5) years, shall provide proof of having completed since the previous issuance of the license, forty (40) hours of approved continuing education for each year of non-renewal, up to a maximum of one hundred twenty (120) hours.

2530.4 The Board may exempt a licensee from continuing education requirements for reason of individual hardship including health, military service, foreign residence, retirement, or other good cause if the licensee does not hold oneself out to the public as a CPA and does not issue audit reports or certify other reports and statements.

2530.5 Licensees requesting an exemption from the Board shall file the request in writing no less than sixty (60) days before the expiration of the current license.

2530.6 Licensees granted such an exemption by the Board shall place their license on inactive status.

2530.7 Licensees granted an exemption by the Board shall comply with a re-entry competency requirement defined by the Board.

2530.8 Effective January 1, 2005, licensees shall be required to complete four (4) hours of Professional Ethics instruction per licensing cycle as part of the continuing professional education requirement.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2531 CONTINUING EDUCATION: ACCEPTABLE CONTINUING PROFESSIONAL PROGRAMS

2531.1 Unless a program qualifies for an exemption from the requirements of this subsection, the Board shall only approve a program as acceptable for continuing professional education (CPE) credit if NASBA lists the program in NASBA’s National Registry of CPE Sponsors (Registry) or The Quality Assurance Service (QAS). If NASBA removes a CPE program from the Registry or the QAS for any reason, the program shall no longer qualify as acceptable to offer CPE courses or credit to licensees. Program sponsors removed from the Registry or the QAS by NASBA must inform the Board of the removal in writing and within fifteen (15) calendar days of the action.

2531.2 Acceptable continuing education programs exempt from the requirements of 2531.1, but not exempt from the standards established in the Statement on Standards of Continuing Professional Education (CPE) Programs developed jointly by NASBA and the AICPA, and subject to audit by the Board, may include classes, correspondence courses, institutes, conferences, lectures, professional meetings, seminars, or other comparable educational activities offered by the following organizations:

(a) AICPA;

(b) NASBA;

(c) State Accounting Boards;

(d) Firms such as Accounting Firms, Law Firms, Brokerage Firms, Insurance Firms, and others offering professional programs to CPAs;

(e) Colleges; and

(f) Universities

(g) Greater Washington Society of Certified Public Accountants and any other State Society of CPA’s.

2531.3 Continuing education credits received from an acceptable program shall be granted for programs taken in the following subject areas:

(a) Accounting and auditing;

(b) Taxation;

(c) Management;

(d) Computer Science;

(e) Communication Arts (accounting oriented);

(f) Mathematics, Statistics, Probability and Quantitative Applications in Business;

(g) Economics;

(h) Business Law;

(i) Functional fields of business including; finance, production, marketing, personnel relations, and business management and organization;

(j) Specialized areas of industry, such as oil and gas, real estate, farming, or any other specialized industry;

(k) Administrative Practice (accountant’s legal liability, engagement letters, and personnel); and

(l) Professional Ethics (beginning January 1, 2005).

2531.4 Credit may be granted by the Board for subjects other than those specified in § 2531.3 upon a showing by the applicant that the subjects contribute to professional competence. The responsibility for demonstrating the contribution of a particular program shall rest solely upon the applicant.

2531.5 The Board may grant credit for the following group programs:

(a) Professional education and development programs of national, state, and local accounting organizations;

(b) Technical sessions of meetings of national, state, and local accounting organizations and their chapters;

(c) University or college courses, both credit and non-credit;

(d) Formal in-firm education programs;

(e) Programs of other organizations (accounting, industrial, professional, etc.);

(f) Committee meetings of professional societies which are structured as formal education programs; and

(g) Other structured formal educational programs.

2531.6 Licensees requesting credit for continuing education courses taken to satisfy the requirements set forth in § 2530 shall submit a written application to the Board on the form approved by the Board.

2531.7 The proper fees and all required documents shall accompany the application when filing.

2531.8 Every licensee applying for license renewal who is denied accreditation or certification of their continuing education credit, for reasons other than the program’s failure to meet the requirements of § 2531.1, shall be given an opportunity for a hearing pursuant to § 2524.

2531.9 Continuing professional education credit shall be given for whole hours or half hours, with a minimum of fifty (50) minutes constituting one (1) hour and a minimum of twenty-five (25) minutes constituting one-half hour. As an example, one hundred (100) minutes of continuous instructions would count as two (2) hours. Only time spent in instruction, and not preparation time, shall be credited.

2531.10 Each semester hour of credit shall equal fifteen (15) hours toward the requirement, and a quarter hour of credit shall equal ten (10) hours for university or college courses.

2531.11 Credit for correspondence and formal individual study programs, including taped study programs, shall be as recommended by the program sponsor on the basis of one-half the average completion time under appropriate “field tests.” Licensees claiming credit for such correspondence or formal individual study courses shall be required to obtain evidence of satisfactory completion of the course from the program sponsor. Credit shall be allowed in the renewal period in which course is completed.

2531.12 Credit for committee and firm meetings is limited to twenty-five percent (25%) of the hours reported.

2531.13 Credit for courses covered under Sec. 2531.4 is limited to 25% of the hours reported.

2531.14 An instructor, discussion leader or speaker at approved programs may claim continuing professional education credit for both preparation and presentation time. Credit may be claimed for actual preparation time up to two (2) times the class contact hours. The maximum credit for preparation and teaching time shall be fifty percent (50%) of the applicable renewal period requirement. For repetitive presentations, the instructor shall receive no credit unless he or she can demonstrate that the subject matter involved was changed sufficiently to require significant additional study or research.

2531.15 Credit may be granted for published articles and books, provided they contribute to the professional competence of the applicant. Credit for preparation of publications may be claimed on a self-requirement basis for up to twenty-five percent (25%) of the renewal period requirement. In exceptional circumstances an applicant may request additional credit by submitting the article(s) or book(s) to the Board with an explanation of the circumstances which justify a greater credit. The amount of credit awarded for a given publication shall be determined by the Board.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2532 CONTINUING EDUCATION: REPORTING

2532.1 The renewal application for a license shall include a signed statement indicating the continuing professional education programs for which credit is requested and which shall include the following information:

(a) The name of the sponsoring organization;

(b) The location of program;

(c) The title of program or description of content;

(d) The dates attended; and

(e) The hours claimed.

2532.2 The licensee is responsible for documenting the acceptability of the program and validity of the credits.

2532.3 The licensee shall retain course documentation for five (5) years after completing the program, which shall consist of the following:

(a) A copy of the course outline prepared by the course sponsor;

(b) In the case of courses taken at accredited universities and colleges, proof of satisfactory completion of the course; and

(c) In the case of individual study programs, proof of written completion.

2532.4 The Board may verify information submitted by licensees for permits.

2532.5 If the Board determines that the licensee has not met the continuing education requirement, the Board may grant an additional period of time in which the deficiencies can be cured.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2533 CONTINUING EDUCATION: ADVISORY COMMITTEE

2533.1 The Board may appoint an Advisory Committee on continuing education.

2533.2 Members of the Advisory Committee may be certified public accountants licensed under the Acts or may be educators or users of financial statements.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2534 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2535 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2536 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2537 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2538 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2539 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2540 PARTNERSHIP AND CORPORATE PRACTICE: PROFESSIONAL RELATIONSHIP RESPONSIBILITIES AND CONDUCT

2540.1 Nothing in §§ 2540 to 2547 relating to accountancy partnerships and corporations shall alter the duties and responsibilities of a licensed person or the person’s professional relationships with clients and others.

2540.2 Partnerships and corporations licensed under this chapter and the Act shall follow the same code of professional conduct as individual licensees and may not do any act in which individual licensees cannot engage.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2541 PARTNERSHIP AND CORPORATE PRACTICE: APPLICATION FOR PERMIT

2541.1 Within thirty (30) days of the effective date of §§ 2540 to 2547, every sole proprietor, partnership, or corporation practicing public accountancy in the District of Columbia not holding a permit shall file an application with the Board.

2541.2 Applicants shall submit an application for a permit to the Board on a form provided by the Board. A partner of the partnership or shareholder of the corporation who is a licensee under the Act shall sign the application and swear or affirm to the contents of the application before a notary public.

2541.3 The Board shall, within a reasonable time after an application for a permit is submitted, either approve the application and issue a license or deny the application and notify the applicant.

2541.4 If the Board denies an application, the applicant may request a hearing pursuant to § 2520.

2541.5 No applicant shall hold itself out or advertise itself as engaged in public accounting, nor shall it render any professional services unless and until a permit has been issued.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2542 PARTNERSHIP AND CORPORATE PRACTICE: REQUIREMENTS TO PRACTICE IN THE DISTRICT

2542.1 No sole proprietorship, partnership, limited partnership, limited liability partnership, or professional corporation shall hold itself out as engaged in certified public accounting, nor shall it render any professional services requiring licensure under this chapter and the Act, unless it is registered and holds a permit issued under this section.

2542.2 The Board shall register a sole proprietorship, partnership, limited partnership, limited liability partnership, or professional corporation if it finds the following:

(a) That applicant has organized and exists as:

(1) A professional corporation pursuant to D.C. Official Code § 29-401 et seq. (2001);

(2) A foreign professional corporation possessing a valid certificate of authority to render professional services in the District of Columbia pursuant to D.C. Official Code § 29-414 (2001);

(3) A partnership or limited liability partnership organized under D.C. Official Code § 33-101.01 et seq. (2001), or under the laws of a jurisdiction other than the District of Columbia;

(4) A limited partnership organized under D.C. Official Code § 33-201.01 et seq. (2001), or under the laws of a jurisdiction other than the District of Columbia; or

(5) A sole proprietorship with a current trade-name registration.

(b) That each of the applicant’s offices in the District are under the direct supervision of at least one partner or resident manager who is either a principal, shareholder, or staff employee licensed under the Act. The partner or resident manager may serve in such capacity at one (1) office only;

(c) That the applicant is in compliance with all applicable requirements of the Act, this chapter, and all other applicable D.C. laws, rules and regulations with respect to sole proprietorships, partnerships, limited partnerships, limited liability partnerships, or professional corporations;

(d) That the partners of an applicant organized as a partnership, limited partnership, or limited liability partnership are licensed certified public accountants and in compliance with D.C. Official Code § 47-2853.44 (2001); and

(e) That the shareholders of an applicant organized as a limited liability corporation or professional corporation are licensed certified public accountants and in compliance with D.C. Official Code § 47-2853.44 (2001).

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2543 PARTNERSHIP AND CORPORATE PRACTICE: OWNERSHIP AND TRANSFER OF SHARES IN A PROFESSIONAL CORPORATION

2543.1 The shares of an accountancy corporation shall only be held by the following:

(a) The Corporation;

(b) An individual who either:

(1) Holds a certified public accountant’s license pursuant to this chapter and D.C. Official Code § 47-2853.01 et seq. (2001);

(2) Qualifies to hold shares in the corporation pursuant to D.C. Official Code §§ 29-408 (2001) and 47-2853.44 (2001); or

(c) An individual who is the personal representative or the estate of a deceased or legally incompetent shareholder.

2543.2 If there are two (2) or more shareholders in an accountancy corporation and one (1) of the shareholders dies or becomes a disqualified person as defined in D.C. Official Code § 29-415 (2001), that person’s shares shall be sold and surrendered in accordance with D.C. Official Code § 29-416 (2001).

2543.3 The restrictions listed in §§ 2543.1 and 2543.2 shall be set forth in the corporation’s by-laws or articles of incorporation.

2543.4 The share certificates of an accountancy corporation shall contain the following legend: “The ownership and transfer of these shares and the rights and obligations of shareholders are subject to the limitations of the District of Columbia Professional Corporation Act.”

2543.5 Each license holder shall notify the Board of Accountancy within thirty (30) days of the occurrence of any change relating to the requirements of §§ 2542 or 2543; including any changes in officers, shareholders, partners, and resident managers.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2544 PARTNERSHIP AND CORPORATE PRACTICE: NAME USAGE

2544.1 A permit holder shall not render professional services using a name other than that which is stated in its license or in its partnership or corporation registration.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2545 PARTNERSHIP AND CORPORATE PRACTICE: CLAIMS AGAINST ACCOUNTANCY PARTNERSHIPS OR CORPORATIONS

2545.1 Liability for claims against an accountancy corporation, or against any individual rendering professional service on behalf of such corporation, shall be determined in accordance with D.C. Official Code § 29-411 (2001).

2545.2 Liability for claims against an accountancy partnership, or against any individual rendering professional service on behalf of such partnership, shall be determined in accordance with D.C. Official Code § 33-101.01 et seq. (2001).

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2546 PARTNERSHIP AND CORPORATE PRACTICE: NONRESIDENT (FOREIGN) PRACTITIONER

2546.1 Except as provided in § 2546.2, every nonresident partnership or corporation that engages in the practice of public accountancy in the District of Columbia, shall comply with the requirements of this chapter and the applicable Acts.

2546.2 A nonresident person, partnership or corporation which provides only temporary or periodic accounting work incidental to a regular practice in another jurisdiction, pursuant to D.C. Official Code § 47-2853.03(f)(2) (2001), shall not be required to hold a permit issued pursuant to § 2542 if the work is performed in affiliation with a comparably licensed D.C. licensee and the work is conducted in conformity with the rules of professional conduct promulgated by the Board.

2546.3 A nonresident partnership or corporation seeking to engage in any activity licensed by this chapter and the Act on an incidental or temporary basis shall apply for and obtain a permit from the Board before engaging in the activity. The permit application shall be made on the form provided by the Board and shall contain all of the information requested by the Board.

2546.4 The Board may deny an application submitted pursuant to § 2546.3 if the applicant has previously engaged in any incidental or temporary accounting work within the District of Columbia.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2547 PARTNERSHIP AND CORPORATE PRACTICE: TERM AND RENEWAL OF PERMIT

2547.1 A permit issued under § 2542 shall expire on December 31 of each even-numbered year.

2547.2 Every permit holder shall be required to file a renewal application on or before the expiration of the current permit.

2547.3 Each permit holder shall be required to report immediately to the Board any change of address, giving both its old and its new address. No fee shall be charged for filing such notification.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004).

17 DCMR § 2548 PEER REVIEW REQUIREMENT

2548.1 All CPA firms that perform audits, reviews, compilations, or any engagements governed by the Statements on Standards for Attestation Engagements (SSAE), Statements on Auditing Standards (SAS), or Statements on Standards for Accounting and Review Services (SSARS) shall enroll in and complete an approved peer review program with standards that are equivalent to, or better than, those established by the American Institute of Certified Public Accountants (AICPA), as determined by the Board.

History

• SOURCE: Notice of Final Rulemaking published at 59 DCR 5186 (May 18, 2012).

17 DCMR § 2549 SPONSORING ORGANIZATIONS

2549.1 Each sponsoring organization administering a peer review program must have standards of review that are equivalent to or better than the “Standards for Performing and Reporting on Peer Reviews” of the AICPA. The AICPA and other entities fully involved in the administration of the AICPA peer review program are approved by the Board as sponsoring organizations.

2549.2 Any sponsoring organization seeking to administer a peer review program other than that of the AICPA must be approved in advance by the Board. For such approval, the sponsoring organization must establish, to the Board’s satisfaction, that its proposed peer review program is substantially equivalent to the AICPA peer review program.

2549.3 A sponsoring organization shall bear the costs of verifying that it is operating the peer review program in compliance with the approved standards for performing peer reviews.

2549.4 No firm shall use a peer reviewer to conduct a peer review unless the Board approves the sponsoring organization and its program.

History

• SOURCE: Notice of Final Rulemaking published at 59 DCR 5186 (May 18, 2012).

17 DCMR § 2550 PEER REVIEW REQUIREMENTS FOR APPLICANTS FOR INITIAL FIRM LICENSURE

2550.1 If a firm applies to receive an initial license, it shall advise the Board if it performs any engagements that are subject to peer review in accordance with § 2548. A firm that indicates it will perform any of these services shall submit with its license application:

Proof from a sponsoring organization that it is currently enrolled in a peer review program;

The approximate due date of the firm’s next peer review report; and

A copy of the firm’s most recent peer review report and the sponsoring organization’s acceptance letter that was received by the firm within three (3) years prior to submitting the application. If the firm has not received a peer review report and acceptance letter within the three (3) year time period, it shall notify the Board of that fact.

2550.2 Failure to submit proof of enrollment and, if applicable, a copy of the peer review report and acceptance letter shall result in the applicant firm being deemed ineligible to perform audits, reviews, or compilations until the Board receives the appropriate documents. If a firm fails to notify the Board in writing at the time of application for licensure or renewal of licensure that it performs audits, reviews, or compilations, the license of the firm may be revoked.

2550.3 A firm that is applying for an initial license that received a peer review report classified as adverse, fail, second successive modified, or second successive pass with deficiencies within three (3) years prior to submitting its application, shall also submit with its license application a copy of:

(a) All documents received from the sponsoring organization detailing any remedial or corrective action required;

(b) All of the firm’s written responses to any of the reports listed above;

(c) A letter from the firm describing the current status of deficiencies that comprised the basis for any of the reports listed above; and

If available, a letter from the sponsoring organization notifying the firm that required actions have been appropriately completed.

For any firm subject to § 2550.3:

(a) The Board shall review and consider the reported deficiencies and any remedial action taken by an applicant firm to determine if the firm shall be issued a license; and

(b) If the Board decides to issue a license, it may impose restrictions on the firm after taking into consideration the reported deficiencies and any remedial action since the issuance of any adverse reports.

History

• SOURCE: Notice of Final Rulemaking published at 59 DCR 5186, 5187 (May 18, 2012).

17 DCMR § 2551 PEER REVIEW REQUIREMENTS FOR CURRENT LICENSEES

2551.1 The Board shall determine if a firm with a current license is required to be enrolled in a peer review program pursuant to § 2548.

2551.2 If the Board determines that a firm is required to be enrolled in a peer review program, notice shall be sent to the firm manager requiring him or her to submit to the Board, within thirty (30) days from receipt of the notice,:

(a) Proof from a sponsoring organization of the firm’s enrollment in a peer review program;

The approximate due date of the firm’s next peer review report; and

A copy of the firm’s most recent peer review report and the sponsoring organization’s acceptance letter that the firm received within three (3) years prior to submitting the application. If the firm has not received a peer review report and acceptance letter within the three (3) year time period, it shall notify the Board of that fact.

2551.3 Failure to comply with the requirement imposed in § 2551.2 above shall result in the Board initiating disciplinary action against the firm’s license.

2551.4 If the Board receives a peer review report on a licensed firm that is classified as adverse, fail, second successive modified, or second successive pass with deficiencies, the firm’s responses to the report shall be presented to the Board for review and determination of any action to be taken against the firm, after taking into consideration:

(a) The deficiencies described in the report;

(b) The firm’s written response to the report that was sent to the sponsoring organization;

(c) A letter from the firm describing the current status of the deficiencies that comprised the basis for the report; and

(d) Any remedial action instituted by the firm since the issuance of the report.

2551.5 If a firm is not enrolled in an approved peer review program when it enters into an agreement to perform any engagement that is subject to peer review in accordance with § 2548, it shall not continue to work on the engagement until it has:

(a) Enrolled in an approved peer review program; and

(b) Submitted to the Board a letter of enrollment in an approved peer review program from a sponsoring organization.

History

• SOURCE: Notice of Final Rulemaking published at 59 DCR 5186, 5188 (May 18, 2012).

17 DCMR § 2552 PAPER REPORTS

2552.1 Except as provided in § 2554, when a firm receives a peer review program report, the firm shall provide the Board with a copy of the report within fifteen (15) business days of receiving that report.

2552.2 If the report is classified as pass or unmodified, or as either modified or pass with deficiencies where neither is a second successive such report, no further action on the part of the firm or the Board is required.

2552.3 If the report is classified as adverse or fail, or is a second successive report classified as modified or pass with deficiencies, the firm shall submit the acceptance letter describing the corrective actions required by the peer review committee or report acceptance body for any of the reports from the sponsoring organization to the Board for review and determination of any action to be taken against the firm, after taking into consideration:

(a) The deficiencies described in the report;

(b) The firm’s written response to the report that was sent to the sponsoring organization;

(c) A letter from the firm describing the current status of the deficiencies that comprised the basis for the report; and

(d) Any remedial action instituted by the firm since the issuance of the report.

History

• SOURCE: Notice of Final Rulemaking published at 59 DCR 5186, 5189 (May 18, 2012).

17 DCMR § 2553 ELECTRONIC SUBMISSION OF PEER REVIEW REPORTS TO THE BOARD

2553.1 In lieu of submitting a hard copy of a peer review report and all accompanying documents, a firm manager may notify the Board that the documents requested can be viewed and downloaded at the website of the sponsoring organization. The firm manager may also email a copy of the peer review program report and any supporting documents to the Board.

2553.2 If the Board is not able to download a copy of the requested documents, the firm manager shall submit the required hard copy to the Board.

History

• SOURCE: Notice of Final Rulemaking published at 59 DCR 5186, 5190 (May 18, 2012).

17 DCMR § 2554 EXTENSION OF TIME TO SUBMIT PEER RVIEW REPORT

2554.1 Sponsoring organizations may grant an extension of time to a firm to complete the peer review program process.

2554.2 If a firm is granted an extension of time, the firm shall immediately submit to the Board a copy of a letter from the sponsoring organization that granted the extension.

History

• SOURCE: Notice of Final Rulemaking published at 59 DCR 5186, 5190 (May 18, 2012).

17 DCMR § 2555 EXEMPTION FROM PEER REVIEW

2555.1 If a firm’s sole practice is the preparation of compiled financial statements for management use only in accordance with SSARS No. 8, the firm shall be exempted from the peer review program requirement.

History

• SOURCE: Notice of Final Rulemaking published at 59 DCR 5186, 5190 (May 18, 2012).

17 DCMR § 2556 ETHICAL DUTIES OF Peer REVIEWERs

2556.1 A peer reviewer shall be independent of the reviewed CPA firm and shall comply with the AICPA Standards for Performing and Reporting on Peer Reviews.

2556.2 Any information obtained as a consequence of the peer review concerning a participating CPA firm, its clients or personnel, is confidential and shall not be disclosed to any person not involved in the peer review process.

History

• SOURCE: Notice of Final Rulemaking published at 59 DCR 5186, 5190 (May 18, 2012).

17 DCMR § 2599 DEFINITIONS

2599.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act - Non-Health Related Occupations and Professions Licensure Act of 1998 (D.C. Law 12-261; Official Code § 47-2853.01 et seq. (2001)).

AICPA - the American Institute of Certified Public Accountants.

Applicant - an individual who applies to the Board for licensure by examination, reciprocity, or by endorsement.

Attest - providing the following financial statement services:

(1) Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS) or its successor or assignee;

(2) Any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS) or its successor or assignee; and

(3) Any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE) or its successor or assignee.

Board - the District of Columbia Board of Accountancy.

Candidate - an individual who is approved by the Board to take the Uniform CPA Examination.

Certificate - a certificate as “certified public accountant” issued as part of licensure under corresponding provisions of District of Columbia law, or a corresponding certificate as certified public accountant issued after examination under the law of any other state.

Certified Public Accountant (CPA) - a person licensed under this chapter and the Act to provide accounting or consulting services under circumstances where there is an expectation of public confidence in such services, and attesting to the results, including (1) expressing opinions on financial statements (audits); (2) reviewing financial statements and issuing report in standard form on such statements; (3) compiling financial statements and issuing reports in standard form on such compilations; (4) examining prospective financial information.

Client - the person or entity retaining a licensee for the performance of public accounting services.

Compilation - providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS) that is presenting in the form of financial statements, information that is the representation of management (owners) without undertaking to express any assurance on the statements.

Computer-Based Examination - the Uniform CPA Examination administered by NASBA on a computer-based medium.

Conditional Credits - credits earned by a candidate for achieving a passing score on either the paper-and-pencil or computer-based Uniform CPA Examination.

CPA - see certified public accountant.

CPA Firm - a sole proprietorship, a corporation, a partnership or any other form of organization issued a permit by the District of Columbia or other recognized granting state.

Department - the D.C. Department of Licensing and Consumer Protection.

Director - the Director of the D.C. Department of Licensing and Consumer Protection, or his or her agent or designee.

Enterprise - a person or entity, whether organized for profit or not, for which a licensee performs public accounting services.

Examination window - defined by NASBA in the Uniform CPA Examination Candidate Bulletin as a three-month period in which candidates have an opportunity to take the CPA examination, comprised of two months in which the examination is available to be taken and one month in which the examination will not be offered.

Financial statements - statements and related footnotes that purport to show financial position at a point in time or changes in financial position which relate to a period of time, on the basis of generally accepted accounting principles or another comprehensive basis of accounting. The term does not include incidental financial data included in management advisory services reports to support recommendations to a client, nor does it include tax returns and supporting schedules.

Foreign (nonresident) - unless otherwise indicated, refers to jurisdictions outside of the District of Columbia but within the states and territories of the United States of America.

Generally accepted accounting principles - the pronouncements issued by the Financial Accounting Standards Board and the predecessor entities, and similar pronouncements issued by other entities having similar, generally recognized authority.

Generally accepted auditing standards - the generally accepted auditing standards adopted by the American Institute of Certified Public Accountants, together with interpretations thereof, published by the American Institute of Certified Public Accountants.

Incidental practice - the practice of public accountancy for a client the headquarters or home office of which is located outside the District but which has a branch or subsidiary located in the District, for which the practice of public accountancy is being performed.

International Qualifications Appraisal Board (IQAB) - a joint body of the National Association of State Boards of Accountancy and the American Institute of CPAs that negotiates Mutual Recognition Agreements with the accountancy licensing authorities of foreign countries.

International Uniform Certified Public Accountant Qualification Examination (IQEX) - the CPA examination used to assess the professional competence of accountants licensed in foreign countries that have entered into a Mutual Recognition Agreement with the IQAB.

Licensee - an individual or firm holding license issued under D.C. Official Code § 47-2853.01 et seq. (2001).

License - a valid license as defined in the Acts and issued in accordance with D.C. Official Code § 47-2853.01 et seq. (2001).

License Cycle - the two-year cycle in which licenses or permits issued under this chapter are valid.

Manager - a manager of a limited liability company.

Member - a member of a limited liability company.

Mutual Recognition Agreement - an agreement entered into between NASBA and the AICPA through the International Qualifications Appraisal Board (IQAB) with a foreign country’s licensing authority after a determination has been made that the education, experience, and examination requirements of the foreign jurisdiction are substantially equivalent to the requirements set forth in the Uniform Accounting Act.

National Candidate Database - the database maintained by NASBA identifying the individuals that have applied to take the computer-based Uniform CPA Examination administered by NASBA.

NASBA - the National Association of State Boards of Accountancy.

National Registry of CPE Sponsors (Registry) - a service offered by NASBA that lists organizations that provide high quality CPE in accordance with nationally recognized standards.

Nonresident - see foreign.

Paper-and-pencil examination - the Uniform CPA Examination in which candidates for licensure as a Certified Public Accountant answered questions by using paper-and-pencil and utilized by NASBA up until November 2003.

Peer review – an independent study, appraisal, or review of one (1) or more aspects of the professional work of a CPA firm which may include an internal review or inspection to ensure the firm’s compliance with required professional standards relating to quality control policies and procedures.

Peer reviewer- a CPA firm responsible for conducting a peer review.

Peer review committee – a committee appointed by a sponsoring organization to oversee the administration, acceptance, and completion of a peer review. The committee is primarily responsible for determining whether a peer review has been performed in accordance with required standards, interpretations, and related guidance materials.

Permit - a permit to practice as a CPA firm issued by the District of Columbia or corresponding provisions of prior law or under corresponding provisions of the laws of other states.

Person - includes partnerships, corporations, and associations, as well as natural persons.

Periodic accounting work - accounting work recurring from time to time.

Practice of certified public accountancy - offering to perform or performing for a client or potential client one or more types of services involving the use of accounting or auditing skills, or one or more types of management advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters, while holding oneself out in a manner that would state or imply that one is a licensee.

Professional - arising out of or related to the specialized knowledge or skills associated with CPAs.

Professional Ethics - any continuing education course approved by the Board in which the content of the course includes instruction on the code of ethics developed by AICPA and NASBA.

Professional Practice Reviewer - a person retained by the Board to assist in an investigation or disciplinary proceeding conducted by the Board or other disciplinary body referred to in this chapter or the Act.

Professional services - any service performed or offered to be performed by a licensee for a client during the practice of public accountancy as defined in this section.

Quality Assurance Service (QAS) - a service offered by NASBA that recognizes organizations that provide self-study CPE courses of the highest caliber.

Report - when used with reference to financial statements, means an opinion, report, or other form of language that states or implies assurance as to the reliability of any financial statements and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself. The term “report” includes any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the financial statements referred to and/or special competence by the person or firm issuing such language; and it includes any other form of language that is conventionally understood to imply such assurance and/or such special knowledge or competence.

Report acceptance body – a subcommittee established by a peer review committee which is responsible for, but not limited to, the acceptance of peer review documents.

Resident Manager - an individual licensed under this chapter and the Act that manages a single office or branch of a partnership or corporation licensee.

Rule - any rule, regulation, or other written directive of general application duly adopted by the Board.

State - any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam; except that “this State” means the District of Columbia.

Sponsoring organization – an entity administering a peer review program whose standards of review are equivalent to or better than the “Standards for Performing and Reporting on Peer Reviews” of the American Institute of Certified Public Accountants (AICPA), as determined by the Board.

Substantial Equivalency - a determination by the board of accountancy or its designee that the education, examination and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed the education, examination and experience requirements contained in the Uniform Accountancy Act or that an individual CPA’s education, examination and experience qualifications are comparable to or exceed the education, examination and experience requirements contained in the Uniform Accountancy Act.

Temporary accounting work - accounting work to be performed only once for a particular client.

Testing Event - the actual date that a candidate sits for one or more sections of the computer-based Uniform CPA Examination administered by NASBA.

Test Section - a section required as part of the Uniform CPA Examination.

Uniform CPA Examination - the examination created and graded by AICPA and administered by NASBA (directly or through a third-party) in paper and-pencil format through November 2003 and computer-based format beginning in 2004.

History

• SOURCE: Final Rulemaking published at 51 DCR 4401 (April 30, 2004); as amended by Notice of Final Rulemaking published at 59 DCR 5186, 5190 (May 18, 2012); as amended by Final Rulemaking published at 72 DCR 001508 (February 14, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2599

17-26 REAL ESTATE LICENSES

17 DCMR § 2600 BOARD OF REAL ESTATE

2600.1 This chapter is adopted by the D.C. Board of Real Estate to protect the public against incompetence, fraud, and deception in real estate transactions.

2600.2 The Board of Real Estate (hereinafter referred to as the "Board"), established by the Second Omnibus Regulatory Reform Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 47-2853.01 et seq.), shall be under the administrative control of the Mayor through the Department of Consumer and Regulatory Affairs (hereinafter referred to as the "Department").

2600.3 The Board shall adopt a seal with the design as the Board may prescribe engraved thereon, by which it shall authenticate its proceedings.

2600.4 Copies of all records and papers pertaining to licensure, certification, registration, inspections, investigations, and other matters under the jurisdiction of the Board shall be maintained by the Department on behalf of the Board. Copies of all records and papers duly certified and authenticated by the seal of the Board shall be received in evidence in all courts equally and with like effect as the original.

2600.5 Records kept by the Department on behalf of the Board under the authority of this section shall be open to public inspection pursuant to the D.C. Freedom of Information Act.

2600.6 The Board may meet at least once a month in public session, but shall not meet less than four times per year. The Board shall publish public notice of the time and place of the meeting in the D.C. Register at least one week in advance of the meeting. The public has the right to appear before the Board and testify on subjects within the Board's jurisdiction.

2600.7 The Chairperson shall be elected from among the members of the Board and shall have authority to sign all official documents issued on behalf of the Board, after approval by the Board.

2600.8 Five (5) members of the Board shall constitute a quorum.

2600.9 A majority vote of all Board members present and voting is necessary for any action taken by the Board.

2600.10 Board members may convene in committees of no less than three Board members to carry out specific functions of the Board if the full Board ratifies the actions of the small committees.

History

• SOURCE: Final Rulemaking published at 46 DCR 7335 (September 17, 1999); as amended by Final Rulemaking published at 52 DCR 6962 (July 29, 2005).

17 DCMR § 2601 LICENSURE OF REAL ESTATE BROKERS

2601.1 Every applicant for a real estate broker license shall apply for the license in writing upon an application prescribed and provided by the Commission. If the applicant is an individual, the applicant shall include a business and a home addresses, which cannot be a post office box number, on the application. If the applicant is not an individual the applicant shall provide a business address, which cannot be a post office box, on the application.

2601.2 The proper fees and all required documents shall accompany the application at the time of filing. Each application shall be sworn to or affirmed before a notary public or, if applicable, by electronic signature or other authentication methods as authorized by the Council and the Mayor.

2601.3 All applicants for licensure as a real estate broker shall furnish at the time of filing an application, evidence of having satisfactorily completed the required course(s) which have been approved by the Commission pursuant to § 2606 of this chapter. The coursework shall consist of a minimum of one hundred thirty-five (135) clock hours and shall include the following subject areas:

A. Principles of Real Estate 6

B. Licensees’ Duties and Responsibilities 6

C. D.C. Real Estate Licensing Laws and Regulations 4

D. Deposits, Escrow, and Recordkeeping 4

E. Interests and Rights in Real Property 2

F. Forms of Ownership and Legal Descriptions 2

G. Transfer of Title to Real Property 2

H. Real Estate Contracts and the Law 5

I. Rules of Agency and Listings 7

J. Federal Fair Housing Laws and D.C. Human Rights Act 3

K. D.C. Code of Ethics - Ethical Practices in Real Estate 3

L. Condominiums, Cooperatives, and Associations 3

M. Landlord/Tenant Relationship 4

N. The Property Manager and Community Association

Management 8

O. Lease Administration and Management 4

P. Environmental Issues (Sustainability, Energy

Management, and Deceptive Marketing Practices) 4

Q. Real Estate Economics and Fiscal Policy 4

R. Real Estate Financing 3

S. Broker Price Opinions and the Appraisal Process 4

T. Taxes and Assessments 2

U. Real Property Insurance, Title Insurances, and Settlement 4

V. Disclosures and Stigmatized Properties 2

W. Real Estate Mathematics 3

X. Private and Public Land-Use Control 2

Y. Construction and Building Inspections 2

Z. Sales and Marketing of Real Estate 2

AA. Technology, Real Estate Trends, and Advertising 2

BB. Introduction to Commercial Property 4

CC. Securities, Syndication, and Investments 2

DD. Real Estate Broker Management 6

EE. Broker Supervision 6

FF. Fiscal Management 3

GG. Risk Management 2

HH. Asset Management 4

II. Contract and Employment Obligations 4

JJ. Historic Preservation 2

KK. Consumer Protection Issues 2

LL. Licensing and Registration Compliance and Operations

in the District 3

Total Required Hours 135

2601.4 Except as provided in § 2611 of this chapter, applicants for licensure as real estate brokers shall furnish at the time of filing an application evidence of having satisfactorily completed an examination, the type and form to be determined by the Commission. The applicant must have a passing score of at least 75 on the examination.

2601.5 Within six (6) months of having successfully passed the required examination, the applicant shall pay the prescribed fee and comply with the filing requirements. Failure to comply with the requirements of this subsection shall require reexamination.

2601.6 An applicant for licensure as a real estate broker shall establish to the satisfaction of the Commission that the applicant has met the requirements for licensure as a real estate salesperson.

2601.7 An applicant must have been actively engaged in business as a licensed real estate broker or licensed real estate salesperson in the District or elsewhere for the two (2) years immediately preceding the date on which the application for a real estate broker license is filed, or must have equivalent experience acceptable to the Commission.

2601.8 The Commission shall accept the following as proof of two (2) years equivalent experience:

(a) Certification by a licensed real estate broker; or

(b) Certification by the Real Estate Commission in the jurisdiction where the applicant is licensed.

2601.9 As an alternative to the experience requirement of § 2601.8 of this section, an applicant for a real estate broker's license shall be deemed to have equivalent experience if the applicant complies with the following:

(a) Has been licensed and actively engaged in business as a licensed real estate broker or licensed real estate salesperson in the District or elsewhere for at least two (2) years immediately preceding the date on which the application for real estate broker's license is filed; or

(b) If the applicant does not have the two (2) years of experience required by paragraph (a) of this subsection, the applicant must have been actively engaged in the real estate business for two continuous years or more prior to the date of receiving his or her real estate broker's or real estate salesperson's license and actively involved in six (6) verified real estate transactions per year in one or more of the following capacities:

(1) Builder;

(2) Investor;

(3) Land or Condominium Developer;

(4) Attorney; or

(5) Related Occupation where the applicant worked at least 1920 hours per year for two consecutive years in a field that is directly related to the acquisition, financing, or conveyance of real estate, or positions in which the applicant has been directly involved in real estate business, including serving as the decision-making authority in any of the following positions:

(i) A loan or trust officer of a federal or state-regulated depository institution;

(ii) A loan or trust officer of a mortgage company;

(iii) A real estate officer of a corporation, which is not a licensed real estate broker;

(iv) A title insurance company officer engaged in the closing of escrow accounts and real estate closings; or

(v) A real estate property appraiser.

(c) Active engagement under paragraph (b) of this subsection means personal involvement with decision-making authority in negotiating the terms of a transaction, supervising the execution of agreements, managing the purchase or sale of properties, or direct involvement in the zoning, subdivision, or other related land use processes.

(d) Where state law requires a person to be licensed to perform an activity listed in paragraph (b) of this subsection, credit shall not be granted for experience obtained without proper licensure.

2601.10 An applicant whom the Commission determines is eligible for licensure as a real estate broker by waiver or reciprocity under § 2611 of this chapter shall:

Pass the D.C. Real Estate Law Examination;

Complete a D.C. Fair Housing course approved by the Commission; and

(c) Complete a course on property management approved by the Commission.

2601.11 An applicant for licensure as a real estate broker who is not an individual but instead is a firm, franchise, partnership, association, or corporation may be issued a real estate broker license by the Commission if the Commission finds that:

(a) The applicant is properly organized under applicable District and federal law;

(b) Every person, member, partner, trustee, or officer who is engaged in any activity regulated under this chapter is licensed under this chapter;

(c) Every employee who will render services regulated under this chapter holds a valid license issued by the Commission; and

(d) Every branch office within the District is managed by a real estate broker.

History

• SOURCE: Final Rulemaking published at 38 DCR 5010 (August 9, 1991); as amended by Emergency and Final Rulemaking published at 40 DCR 8501 (December 10, 1993); as amended by Final Rulemaking published at 42 DCR 3178 (June 23, 1995); as amended by Final Rulemaking published at 52 DCR 6962 (July 29, 2005); as amended by Final Rulemaking published at 57 DCR 5047 (June 11, 2010), as corrected by Errata Notice published at 57 DCR 7207 (August 13, 2010); as amended by Final Rulemaking published at 67 DCR 14847 (December 25, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2601

17 DCMR § 2602 LICENSURE OF REAL ESTATE SALESPERSONS

2602.1 Every applicant for a license shall apply for a salesperson license in writing upon an application prescribed and provided by the Board. The applicant shall include a business and a home addresses, which cannot be a post office box, on the application.

2602.2 The proper fees and all required documents shall accompany the application at the time of filing. Each application shall be sworn to or affirmed before a notary public.

2602.3 Unless the application is based upon waiver or reciprocity pursuant to § 2611 of this chapter, all applicants for licensure as a real estate salesperson shall furnish, at the time of filing an application, evidence of having satisfactorily completed a course of instruction on the principles and practices of real estate which has been approved by the Commission pursuant to § 2606 of this chapter. The course shall consist of a minimum of sixty (60) clock hours and shall be distributed in clock hours, as indicated, among the following subject areas:

A. Principles of Real Estate 3

B. Licensees’ Duties and Responsibilities 3

C. Rules of Agency and Listings 2

D. Deposits, Escrow, and Recordkeeping 1

E. Interests and Rights in Real Property 2

F. Forms of Ownership and Legal Descriptions 2

G. Disclosures and Stigmatized Properties 2

H. Real Estate Contracts and the Law 3

I. Federal Fair Housing and D.C. Human Rights Acts 3

J. D.C. Code of Ethics - Ethical Practices in Real Estate 3

K. D.C. Real Estate Licensing Laws and Regulations 3

L. Lease Administration and Management 1

M. The Property Manager and Community Association

Management 3

N. Landlord/Tenant Relationship 3

O. Condominiums, Cooperatives, and Associations 1

P. Transfer of Title to Real Property 2

Q. Real Estate Economics and Fiscal Policy 1

R. Real Estate Financing 3

S. Real Estate Mathematics 2

T. Pricing Property and the Appraisal Process 2

U. Taxes and Assessments 1

V. Real Property Insurance, Title Insurances, and Settlement 3

W. Introduction to Non-Residential Real Estate 2

X. Land-Use Control 1

Y. Securities, Syndication, and Investments 1

Z. Construction and Building Inspections 1

AA. Environmental Issues (Sustainability, Energy

Management, and Deceptive Marketing Practices) 2

BB. Technology, Real Estate Trends, and Advertising 2

CC. Sales and Marketing of Real Estate 1

DD. Historic Preservation 1

Total Required Hours 60

2602.4 Unless a waiver is granted pursuant to § 2611 of this chapter an applicant for licensure as a real estate salesperson shall furnish, at the time of filing, a completed application and evidence of having satisfactorily completed an examination, the type and form to be determined by the Board. The applicant must achieve a passing score on the examination of at least 75 percent.

2602.5 An applicant for a real estate salesperson's license who has passed the required examination shall submit an application for a license to the Board with the required fees within six (6) months of passing the examination. An applicant who fails to comply with the requirements of this section shall be required to retake and pass the examination.

2602.6 An applicant whom the Board determines is eligible for licensure as a real estate salesperson by waiver or reciprocity under § 2611 of this chapter shall:

(a) Pass the D.C. Real Estate Law Examination;

(b) Complete a D.C. Fair Housing course approved by the Commission; and

(c) Complete a course on property management approved by the Commission.

2602.7 An applicant may satisfy the pre-license education requirements by taking distance learning courses that have been approved by the Commission pursuant to § 2606.14 of this chapter.

History

• SOURCE: Final Rulemaking published at 40 DCR 8501 (December 10, 1993); as amended by Final Rulemaking published at 42 DCR 3178 (June 23, 1995); as amended by Final Rulemaking published at 43 DCR 6838 (December 20, 1996); as amended by Final Rulemaking published at 46 DCR 7335 (September 17, 1999); as amended by Final Rulemaking published at 52 DCR 6962 (July 29, 2005); as amended by Final Rulemaking published at 60 DCR 5867 (April 19, 2013); as amended by Final Rulemaking published at 67 DCR 14847 (December 25, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2602

17 DCMR § 2603 LICENSURE OF PROPERTY MANAGERS

2603.1 An applicant for licensure as a property manager shall do the following:

(a) Furnish evidence of having satisfactorily completed an examination approved by the Board;

(b) Submit a completed application on a prescribed form;

(c) Include the applicant's business and home addresses, which cannot be a post office box, on the application;

(d) Have the application sworn to or affirmed before a notary public;

(e) Pay the required application fee; and

(f) Meet the requirements for licensure set forth in § 2610 of this chapter and D.C. Official Code §§ 47-2853.12(a) and 47-2853.142(a).

2603.2 An applicant for a property manager's license who has passed the required examination shall submit an application for a license to the Board with the required fees within six (6) months of passing the examination. An applicant who fails to comply with the requirements of this section shall be required to retake and pass the examination.

2603.3 A person licensed as a real estate broker pursuant to § 2601 of this chapter shall be deemed to have satisfied the educational and examination requirements for licensure as a property manager under this chapter, but is required to satisfy all other requirements for licensure as a property manager prior to acting as a property manager.

2603.4 An applicant may satisfy continuing education requirements by taking distance-learning courses approved by the Board.

2603.5 An applicant on inactive status who submits an application to reactivate a license shall submit proof pursuant to § 2605.8 of having completed all continuing education credits that the applicant would have been required to take per licensing cycle if the applicant's license had not been inactive.

History

• SOURCE: Final Rulemaking published at 38 DCR 5010 (August 9, 1991); as amended by Emergency and Final Rulemaking published at 40 DCR 8501 (December 10, 1993); as amended by Final Rulemaking published at 40 DCR 1108 (February 5, 1993); as amended by Final Rulemaking published at 42 DCR 3178 (June 23, 1995); as amended by Final Rulemaking published at 46 DCR 7335 (September 17, 1999); as amended by Final Rulemaking at 52 DCR 6962 (July 29, 2005).

17 DCMR § 2604 CHEATING ON AN EXAMINATION

2604.1 No person shall cheat or assist another in cheating on an examination required by the Act or rules promulgated pursuant thereto.

2604.2 As used in this section, “cheating” includes, but is not limited to, the following:

Communication relating to the examination between applicants inside or outside of an examination room or copying another applicant’s answers while an examination is in progress;

(b) Communication relating to an examination with others outside of an examination room while the examination is in progress;

(c) Substitution by an applicant of another person to sit in an examination room in the applicant’s place; and

(d) Use of crib sheets, text books, or other materials not authorized by a board inside or outside an examination room while an examination is in progress.

2604.3 If a person designated to proctor an examination suspects that an applicant is cheating or has cheated on the examination, the person shall do the following:

(a) If necessary, seat the applicant in a segregated location for the remainder of the examination;

(b) Keep a record of the applicant’s seat location and identification number, and the names and identification numbers of the applicants on either side of the applicant;

(c) Confiscate any materials or devices that are suspected of being used by the applicant to cheat on the examination;

(d) Permit the applicant to complete the examination; and

(e) Notify the testing service, the Commission, and the Director that the applicant is suspected of cheating and provide the Commission with a copy of the examination booklet and any evidence obtained by the person proctoring the examination.

2604.4 If the Commission has cause to believe that an applicant has cheated or has failed to comply with an instruction of a proctor given pursuant to § 2604.3, it may propose to deny a license, impose a civil fine, or take other actions in accordance with the Act.

2604.5 If the Commission determines that an applicant cheated on an examination, in addition to any other consequences, the applicant shall not be eligible to take another examination for a period of one (1) year from the date of the decision of the Commission, or other period established by the Commission in its order.

History

• SOURCE: Final Rulemaking published at 52 DCR 6962 (July 29, 2005); as amended by Final Rulemaking published at 60 DCR 5867 (April 19, 2013).

17 DCMR § 2605 CONTINUING EDUCATION REQUIREMENTS FOR REAL ESTATE BROKERS, PROPERTY MANAGERS, AND SALESPERSONS

2605.1 This section shall apply to all applicants for the renewal or reinstatement of a real estate broker, real estate salesperson, or property manager license, except those applicants seeking first renewal of a license granted by examination.

2605.2 A continuing education credit shall be valid only if it is part of a program or activity approved by the Commission in accordance with § 2607 of this chapter. Licensees are responsible for ensuring that continuing education courses taken to satisfy the Commission’s renewal or reinstatement requirements are Commission certified or approved.

2605.3 An applicant for the renewal of a real estate broker’s, real estate salesperson’s, or property manager’s license shall submit proof pursuant to § 2605.6 of this section of having completed no fewer than fifteen (15) hours of Continuing Education credit during the two (2) year period preceding the date the license expires as follows:

(a) A real estate broker shall complete:

Nine (9) hours of mandated courses with curriculums administratively established and approved by the Commission for the current licensing cycle;

(2) Three (3) hours of property management coursework approved by the Commission; and

(3) Three (3) hours of coursework in broker supervision that has been approved by the Commission.

(b) A real estate salesperson shall complete:

(1) Nine (9) hours of mandated courses with curriculums administratively established and approved by the Commission;

(2) Three (3) hours of property management coursework approved by the Commission; and

(3) Three (3) hours of general elective courses approved by the Commission.

(c) A property manager shall complete:

(1) Nine (9) hours of mandated courses with curriculums administratively established and approved by the Commission; and

Six (6) hours of property management coursework approved by the Commission.

2605.4 A licensee applying to renew a property manager’s license who also possesses an active real estate broker’s or real estate salesperson’s license shall be considered to have satisfied the continuing education requirements for renewal of the property manager license if the licensee has satisfied the renewal requirements for the real estate broker’s or real estate salesperson’s license.

2605.5 Licensees who also hold equivalent licenses in another jurisdiction may, at the Commission’s discretion, substitute continuing education credit completed in the other jurisdiction for the general elective continuing education requirements under this section if the licensee earned the continuing education credit during the two- (2-) year period preceding the date that the licensee’s District license expires.

2605.6 An applicant shall prove completion of required continuing education credits by submitting with the application a certification of completion that includes the following:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) A verification of completion with the signature or stamp of the sponsor.

2605.7 An applicant for renewal of an inactive license or reinstatement of an expired, suspended or revoked real estate broker’s, real estate salesperson’s, or property manager’s license shall submit proof pursuant to § 2605.6 of this section of having completed the following continuing education credits:

An applicant for a real estate broker’s license under this subsection shall complete:

(1) Nine (9) hours of mandated courses with curriculums administratively established and approved by the Commission for the current licensing cycle;

(2) Three (3) hours of property management coursework approved by the Commission;

Three (3) hours of coursework in broker supervision that has been approved by the Commission; and

Three (3) hours of general elective courses, as approved by the Commission, per licensing cycle that the applicant’s license was inactive, expired, revoked or suspended.

(b) An applicant for a real estate salesperson’s license under this subsection shall complete:

Nine (9) hours of mandated courses with curriculums administratively established and approved by the Commission;

Three (3) hours of property management coursework approved by the Commission; and

Three (3) hours of general elective courses, as approved by the Commission, per licensing cycle that the applicant’s license was inactive, expired, revoked or suspended.

An applicant for a property manager’s license under this subsection shall complete:

Nine (9) hours of mandated courses with curriculums administratively established and approved by the Commission;

Six (6) hours of property management coursework approved by the Commission; and

Three (3) hours of general elective courses, as approved by the Commission, per licensing cycle that the applicant’s license was inactive, expired, revoked or suspended.

2605.8 An applicant for the renewal of a license who fails to submit proof of having completed the continuing education requirements by or before the expiration date may renew the license within sixty (60) days after expiration by submitting proof pursuant to § 2605.6 of this section and by paying the required late fee. Upon renewal, the Commission will deem the applicant to have possessed a valid license during the period between the expiration of the license and its renewal.

2605.9 If an applicant for the renewal of a license fails to submit proof of having completed required continuing education prior to the expiration date of the license within sixty (60) days after the expiration of the applicant’s license, the license shall be deemed to have lapsed on the date of expiration, and the applicant shall be required to apply for reinstatement of the expired license pursuant to § 2622 of this chapter.

2605.10 The Commission may grant an extension of the sixty (60) day period to renew after expiration if the applicant’s failure to submit proof of completion was for good cause. For purposes of this subsection, “good cause” includes proof of the following:

(a) Serious and protracted illness of the applicant, who must submit a doctor’s statement verifying the illness;

(b) The death or serious and protracted illness of a member of the applicant’s immediate family, if the death or illness resulted in the applicant’s inability to complete the continuing education requirements within the specified time. For the purposes of this subsection, the term “immediate family” means the applicant’s spouse and any parent, brother, sister, or child of the applicant and the spouse of any such parent, brother, sister, or child; or

Due to age (seventy (70) years of age or older), the applicant is unable to complete the requirements within the specified time.

History

• SOURCE: Final Rulemaking published at 38 DCR 5010 (August 9, 1991); as amended by Final Rulemaking published at 40 DCR 1108 (February 5, 1993); as amended by Emergency and Final Rulemaking published at 40 DCR 8501 (December 10, 1993); as amended by Final Rulemaking published at 42 DCR 3178 (June 23, 1995); as amended by Final Rulemaking published at 46 DCR 7335 (September 17, 1999); as amended by Final Rulemaking at 52 DCR 6962 (July 29, 2005); as amended by Final Rulemaking published at 57 DCR 5047 (June 11, 2010), as corrected by Errata Notice published at 57 DCR 7207 (August 13, 2010); as amended by Final Rulemaking published at 60 DCR 5867 (April 19, 2013); as amended by Final Rulemaking published at 67 DCR 14847 (December 25, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2605

17 DCMR § 2606 ACCREDITATION AND CERTIFICATION OF PRE-LICENSE EDUCATION PROGRAMS

2606.1 The Commission shall approve schools or organizations offering pre-license education programs or courses.

2606.2 The Commission shall approve a school or organization for pre-license education programs if the Commission has certified the school or organization or if the Educational Licensure Commission has accredited the school or organization.

2606.3 The proper fees and all required documents shall accompany the application for approval at the time of filing. The application must be in writing and on a form approved by the Commission. Each application shall be sworn to or affirmed by the Applicant before a notary public and shall be on a form approved by the Commission.

2606.4 Applicants seeking certification from the Commission instead of accreditation from the Educational Licensure Commission only need to apply for Commission certification. Certification by the Commission includes approval under this section.

2606.5 Schools or organizations offering pre-license education programs or courses to persons intending to apply for a license under this chapter may be certified by the Commission if the school or organization qualifies as an exempt institution pursuant to section 10 of the Educational Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code § 38-1310 et seq.), as amended.

2606.6 Schools or organizations that provide pre-license education programs or courses that do not qualify for an exemption under section 10 of the Educational Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code § 38-1310 et seq.), as amended, must be accredited by the Educational Licensure Commission pursuant to the applicable portions of 16 DCMR Chapters 21 and 22.

2606.7 If a school or organization is required to receive accreditation from the Educational Licensure Commission prior to offering a program or course intended to provide pre-licensure education credit, that school or organization shall receive Commission approval for each program or course prior to enrolling any person into the program or course.

2606.8 Applicants denied certification by the Educational Licensure Commission that seek an opportunity for a hearing shall do so pursuant to the rules set forth in 16 DCMR Chapter 22.

2606.9 A sponsor of a pre-license program that has been approved by the Commission for one (1) license period shall reapply for approval at least sixty (60) days prior to the beginning of each licensing cycle.

2606.10 Schools or organizations accredited by the Educational Licensure Commission shall notify the Commission within fifteen (15) calendar days if the school or organization loses its accreditation.

2606.11 Loss of Educational Licensure Commission accreditation shall result in the immediate suspension and revocation of the Commission's approval.

2606.12 The Commission may revoke its approval of a school if officials, instructors, or designees of the school sit for a real estate licensing examination for any purpose other than to obtain a license as a real estate broker, real estate salesperson, or property manager.

2606.13 The Commission may revoke its approval of a school if the school, its instructors, or a designee of the school or its instructors solicit information from any person for the purpose of discovering past examination questions or questions which may be used in future examinations.

2606.14 The Commission may approve distance learning courses for pre-license education that meet the requirements of § 2607.9 of this chapter.

History

• SOURCE: Final Rulemaking published at 52 DCR 6962 (July 29, 2005); as amended by Final Rulemaking published at 57 DCR 5047 (June 11, 2010), as corrected by Errata Notice published at 57 DCR 7207 (August 13, 2010); as amended by Final Rulemaking published at 60 DCR 5867 (April 19, 2013).

17 DCMR § 2607 APPROVED CONTINUING EDUCATION PROGRAMS

2607.1 The Commission, in its discretion, may approve continuing education programs that contribute to the growth in professional competence of a real estate broker, real estate salesperson, or property manager, and that meet the other requirements of this section.

2607.2 Unless the school or organization offering the program or course is exempt from the accreditation requirements of the Educational Licensure Commission, the school or organization shall obtain certification or licensure from the Educational Licensure Commission.

2607.3 Schools or organizations accredited by the Educational Licensure Commission that offer continuing education programs or courses shall be considered certified for the purposes of this section.

2607.4 All approved or accredited education programs shall be available to all licensees regardless of broker affiliation.

2607.5 The Commission may approve the following types of continuing education programs, if the programs meet the requirements of § 2607.8 of this section:

(a) A seminar or workshop;

(b) An educational program given at a conference, institute, or academy;

(c) An undergraduate or graduate course given at a college or university accredited by the Council on Postsecondary Accreditation or the Secretary of the United States Department of Education; or

(d) A distance learning course that has been approved by the Commission pursuant to § 2607.9 of this section.

2607.6 A sponsor of a continuing education program shall submit a completed application to the Commission no less than sixty (60) days prior to the date of the presentation for each program for which the sponsor seeks approval.

2607.7 A sponsor of a continuing education program shall have the burden of verifying whether the Commission, pursuant to this section, has approved a program prior to advertising the program as approved by the Commission.

2607.8 In order to be approved by the Commission for continuing education credit, a program shall meet the following requirements:

(a) The program shall contribute to the professional competence of participants;

(b) The program shall be directly related to increasing the participants' knowledge and skills in the real estate profession;

(c) The stated program objectives shall specify the level of knowledge the participant should have attained, or the level of competency the participant should be able to demonstrate, upon completing the program;

(d) The program shall be developed by persons qualified in the subject matter and in instructional design;

(e) The program shall be instructed by an individual approved by the Commission;

(f) The program content shall be current in its subject matter;

(g) All providers shall have a system of written evaluation by students in which the activity and instructor is evaluated at the end of each offering. The evaluation form shall accompany the application. Providers shall keep the completed evaluation forms on each course and instructor for four (4) years from the end of the offering; and

(h) The sponsor shall agree to allow the Commission to conduct an audit of the written student evaluations at any time.

2607.9 Distance learning courses may be approved as follows:

(a) Distance learning courses that are certified by the Association of Real Estate Licensing Law Officials (ARELLO) shall be considered for approval by the Commission under this section if they provide the Commission with appropriate documentation that ARELLO certification is in effect, that the distance learning course meets the content requirements of § 2607.8 of this section, and the course meets the following other requirements of the Commission:

(1) Distance learning courses shall be in a mastery-based format defined as follows:

(i) Having at least one (1) objective;

(ii) Having a method for measuring student progress;

(iii) Having delivery formats that are interactive, which may include computer based instruction via CD-ROM or the Internet; and

(iv) Having a delivery format that does not deliver course material in a passive, text only format consisting primarily of questions similar to those found on the licensing examination;

(2) Distance learning courses shall be equivalent to in-class continuous instruction and attendance formats;

(3) Distance learning providers located outside the District of Columbia approved by ARELLO shall offer courses through District-based and Commission-approved distance learning providers; and

(4) Secondary providers of distance learning courses shall obtain certification by ARELLO;

(b) Approval under this section shall be revoked immediately should ARELLO certification be discontinued for any reason;

(c) The distance learning provider shall inform the Commission immediately if ARELLO certification is discontinued for any reason; and

(d) A student shall complete the distance learning course within three (3) months of the date of enrollment in the course.

2607.10 The Commission may approve programs with a minimum of one (1) instructional hour.

2607.11 Any significant changes in program content or program instructor shall be submitted to the Commission in writing no less than thirty (30) days prior to the change for Commission approval.

2607.12 Approval of a program or course by the Commission shall continue until the end of the two (2) year licensing period during which approval is given.

2607.13 A program sponsor shall issue a certificate of successful completion to a licensee who completes the program. A program sponsor shall not issue a certificate to a licensee who fails to complete the entire program.

2607.14 Within ten (10) days after the completion of the continuing education program, the program sponsor shall forward to the Commission, on the program sponsor's letterhead (bearing the sponsor's name, address, and telephone number), a list of all participants, which includes each participant's license number and employing broker's name and address.

2607.15 A program sponsor shall retain records of the following information:

(a) The outline of the program;

(b) The program date(s);

(c) The program location(s);

(d) The instructors; and

(e) The number of instructional hours.

2607.16 A program sponsor shall retain a copy of the information required by §§ 2607.13 and 2607.14 of this section for a period of not less than five (5) years.

2607.17 A sponsor of a program that has been approved by the Commission for one (1) license period shall reapply for approval at least sixty (60) days prior to the beginning of the next license renewal period.

2607.18 A sponsor of a continuing education program that has been approved by the Commission may apply for renewal of that program by submitting a renewal application and, in alternate renewal cycles, providing an updated syllabus outlining the course content.

2607.19 Sponsors or schools offering continuing education programs are required to notify the Commission, within thirty (30) days if ARELLO certification ceases.

History

• SOURCE: Emergency and Final Rulemaking published at 40 DCR 8501(December 10, 1993); as amended by Final Rulemaking published at 52 DCR 6962 (July 29, 2005); as amended by Final Rulemaking published at 57 DCR 5047 (June 11, 2010), as corrected by Errata Notice published at 57 DCR 7207 (August 13, 2010); as amended by Final Rulemaking published at 60 DCR 5867 (April 19, 2013).

17 DCMR § 2609 CODE OF ETHICS FOR REAL ESTATE BROKERS, REAL ESTATE SALESPERSONS, AND PROPERTY MANAGERS

2609.1 A licensee shall not discriminate or assist any party in discriminating in the sale, rental, leasing, exchange, or transfer of property to any person or group of persons because of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, political affiliation, physical handicap, source of income, matriculation, or place of residence or business, and shall comply with the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01 et seq.), as amended, and any other applicable District or federal anti-discrimination rule, regulation, or act. Nothing in this section shall supersede any federal rule, regulation, or act.

2609.2 A licensee who has information that would lead a reasonable person to believe that a real estate broker, real estate salesperson, or property manager has engaged in fraud, misrepresentation, or unethical practices shall promptly report the information to the Board in any investigation or proceeding concerning any conduct prohibited by the Act.

2609.3 The provisions of § 2609.2 of this section shall not require the reporting by a licensee acting as an officer, director, investigator, committee member, or hearing panel member of a trade association, a majority of the members of which is comprised of licensees, of such information obtained during the course of an investigation of, or hearing on, an arbitration or ethics complaint pursuant to a program established by the trade association.

2609.4 A real estate broker shall not advertise without disclosing the broker’s name and telephone number or the company’s name and telephone number as shown by the records of the Department of Consumer and Regulatory Affairs.

2609.5 A real estate broker shall not knowingly permit a real estate salesperson or associate broker to use the salesperson’s or associate broker’s name in any advertisement without the name of the brokerage company with whom the salesperson or associate broker is affiliated, and the main telephone number of the brokerage company or branch office which serves as the salesperson’s or associate broker’s regular place of employment.

2609.6 A real estate salesperson or associate broker shall not knowingly permit the use of his or her name in any advertisement without the name of the brokerage company with whom he or she is affiliated, and the main telephone number of the brokerage company or branch office which serves as his or her regular place of employment.

2609.7 A licensee shall make a reasonable effort to ensure that all written agreements for the sale, purchase, rental, lease, or exchange or real property set forth the exact agreement of the parties and that the copies of the agreements are made available to each party when the party signs the agreement.

2609.8 A licensee shall not prepare or be a party to the preparation of any written agreement for the sale, purchase, rental, lease, or exchange or real property that falsely recites the purchase price.

2609.9 A licensee shall make a reasonable effort to ascertain all material facts concerning each property for which an agency is accepted.

2609.10 A licensee shall make a reasonable effort to keep informed about laws and rules, governmental policies, and current market conditions in order to advise a client properly.

2609.11 A licensee shall exercise fidelity and good faith to a client in all matters within the scope of the licensee's employment. The obligation of fidelity to the client's interest does not relieve the licensee from any statutory or regulatory obligations toward the other parties to the transaction.

2609.12 A licensee shall not accept compensation from more than one (1) party to a transaction without the full knowledge and consent of the other party or parties.

A licensee shall disclose in writing to all parties to a real estate transaction any ownership or financial interest in the property that is the subject of the real estate transaction held directly or indirectly by the licensee, an immediate member of the licensee’s family, the licensee’s firm, or a member of the licensee’s firm.

2609.14 A licensee who manages property on behalf of the owner of the property shall not accept any commission, rebate, profit, or other valuable consideration on expenditures made for an owner without the owner's knowledge and consent.

2609.15 A licensee may give an opinion of the price of real estate for the purpose of a prospective listing or sale or when making a Competitive Market Analysis (CMA) if:

(a) The licensee physically inspects the property; and

(b) The resulting opinion or CMA does not refer to an appraisal and is not presented as an appraisal.

2609.16 A licensee shall not give an opinion of the price of real estate for the purpose of a prospective listing or sale, make a competitive market analysis (CMA), or render an opinion of value on any property in which the licensee has a present interest without disclosing that interest to the client.

2609.17 A licensee shall not give an opinion of the price of real estate for the purpose of a prospective listing or sale or make a competitive market analysis (CMA) if the licensee's employment or fee is contingent upon the amount of the appraisal.

2609.18 A licensee shall not attempt to provide specialized professional services concerning a type of property or service that is outside the field of the licensee's experience, unless the licensee obtains the assistance of an expert, or discloses the licensee's lack of experience to the client.

2609.19 If a licensee engages an expert, the licensee shall identify the expert to the client and inform the client of the expert's contribution to the assignment.

2609.20 A licensee who has a listing with the owner of real property shall transmit to the owner all formal written offers received by the licensee, whether made by a prospective purchaser directly or through another licensee, unless the owner has accepted a previous offer.

2609.21 A licensee shall not attempt to contact the owner of real property directly for the purpose of inducing the owner to break a listing agreement when another licensee has a listing on the property.

2609.22 A licensee shall not place any signs on any property without the owner's written consent.

2609.23 In addition to complying with the requirements set forth in this section, a licensee shall comply with the requirements set forth in the Act, the District of Columbia Real Estate Licensure Act of 1982, effective March 10, 1983 (D.C. Law 4-209; D.C. Official Code §§ 42-1701 et seq.), as amended, and the rules issued pursuant thereto.

History

• SOURCE: Final Rulemaking published at 52 DCR 6962 (July 29, 2005); as amended by Final Rulemaking published at 55 DCR 4596 (April 25, 2008); as amended by Final Rulemaking published at 60 DCR 5867 (April 19, 2013); as amended by Final Rulemaking published at 63 DCR 2246 (February 26, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2609

17 DCMR § 2610 LICENSE REQUIREMENTS APPLICABLE TO ALL APPLICANTS

2610.1 All applicants shall be at least 18 years of age.

2610.2 Applicants shall not have been convicted of an offense that bears directly on the fitness of the applicant to be licensed.

2610.3 Prior to receiving a license, all applicants shall complete the requirements for licensure specified within this chapter.

2610.4 All applicants shall be a high school graduate or holder of a high school equivalency certificate.

2610.5 All applicants shall be able to read, write, and understand the English language.

2610.6 All applicants shall not have had a real estate broker's, real estate salesperson's, or property manager's license denied for any reason other than failure to pass an examination or examinations, in the District or elsewhere, for one year prior to the date on which the application is filed with the Board.

2610.7 An applicant shall not file an application for renewal if the Board has suspended the applicant's license and the suspension is in effect on the date that the applicant files the renewal application with the Board.

2610.8 All applicants shall not have had a real estate broker, real estate salesperson, or property manager license revoked for three years prior to the date on which the application is filed with the Board.

2610.9 The Board may refuse to issue or renew a license in a name that is as follows:

(a) Misleading or would constitute false advertising;

(b) Implies a partnership, association, or corporation where one does not exist;

(c) Includes the name of a salesperson;

(d) Is in violation of the law;

(e) Is a name that has been used by any person whose license has been suspended;

(f) Includes the name of a person not otherwise licensed; or

(g) Is a name that is deceptively similar to that used by another licensee.

History

• SOURCE: Final Rulemaking published at 52 DCR 6962 (July 29, 2005).

17 DCMR § 2611 LICENSURE BY WAIVER OR RECIPROCITY

2611.1 Subject to any additional requirements set forth in §§ 2602, 2603, and 2604 of this chapter, applicants for licensure as real estate brokers, real estate salespersons, or property managers shall be granted a license by waiver or reciprocity upon submission to the Board of an application that includes proof of the following:

(a) That the applicant is licensed or certified in the same or a substantially similar profession or occupation;

(b) That the license or certification that the application is relying upon is in good standing;

(c) That the license or certification is from a jurisdiction which, on the date the license or certification was granted, had standards that were at least as high as the standards required for licensure or certification in the District; and

(d) That the jurisdiction referred to in (c) admits professionals licensed by the District in the same manner.

2611.2 Documents provided to the Board as proof under this section shall be originals or notarized copies.

2611.3 If the applicant provides original documents to the Board as part of the application, the Board shall return the documents to the applicant at the time the license is issued.

History

• SOURCE: Final Rulemaking published at 52 DCR 6962 (July 29, 2005).

17 DCMR § 2612 INACTIVE STATUS

2612.1 Upon application by a licensee and payment of the required fee, the Board shall place a licensee on inactive status.

2612.2 While on inactive status, an individual shall not practice, attempt to practice, or offer to practice as a real estate broker, real estate salesperson, or property manager in the District.

2612.3 Subject to § 2612.4 of this section, a licensee may remain on inactive status for a period not to exceed five (5) consecutive years. If a person has been on inactive status for five (5) consecutive years or more that person shall be considered a new applicant and shall be required to meet all current requirements for licensure, unless the Board in its discretion determines that the failure to renew during the five (5) year inactive period was due to reasonable cause or excusable neglect.

2612.4 Section 2612.3 of this section shall not apply to an active employee of the government of the United States, the District, or other jurisdiction of the United States if the employee is required as a condition of his or her employment not to practice as a real estate broker, real estate salesperson, or property manager in the District. However, the employee shall pay the fee required by § 2612.1 of this section.

2612.5 The Board shall issue a license to an individual who is on inactive status and who desires to resume practice as a real estate broker, real estate salesperson, or property manager if the individual meets the following requirements:

(a) Pays the required fee to reactivate the license as well as any current assessment for the Fund;

(b) Demonstrates compliance with the continuing education requirements set forth in § 2605 of this chapter, as appropriate; and

(c) Complies with all current requirements for renewal of the license.

2612.6 A person on inactive status shall not be subject to the renewal fee.

History

• SOURCE: Final Rulemaking published at 38 DCR 5010 (August 9, 1991); as amended by Emergency and Final Rulemaking published at 40 DCR 8501 (December 10, 1993); as amended by Final Rulemaking published at 42 DCR 3178 (June 23, 1995); as amended by Final Rulemaking at 52 DCR 6962 (July 29, 2005).

17 DCMR § 2613 AGENCY DISCLOSURE

2613.1 Upon having a substantive discussion about a specific property or properties with an actual or prospective buyer or seller or an actual or prospective landlord or tenant who is not the client of the licensee, a licensee shall disclose any broker relationship the licensee has with another party to the transaction on a written notice, substantially in the form approved by the Board, which clearly discloses the relationship of the broker or salesperson with the parties to the transaction.

2613.2 The notice required by § 2613.1 of this section shall be made in writing at the earliest practicable time and in a form substantially in the form approved by the Board, but not later than the time when specific real estate assistance is first provided, excluding a non-substantive discussion held during an open house. In instances where the parties to the transaction are an actual or prospective landlord or tenant the disclosure shall be included in all applications for a lease or in the lease itself, whichever occurs first.

2613.3 A broker or salesperson shall request that the actual or prospective purchaser or seller of residential real estate, or actual or prospective landlord or tenant, who is not the client of the licensee, to sign, date, and return a copy of the required notice to the broker or salesperson. If an actual or prospective purchaser or seller, or actual or prospective landlord or tenant, declines to sign the notice, the broker or salesperson shall make a notation on the agency disclosure notice indicating the date that he or she presented the notice to the actual or prospective purchaser, or actual or prospective landlord or tenant, and that the person declined to sign the agency disclosure notice and the reason therefore, if any, given. In the event of a fully executed purchase contract, the licensee shall keep a copy of the disclosure notices relative to the contract for three (3) years.

2613.4 If a licensee's relationship to a client or customer changes, the licensee shall disclose that fact in writing to all clients and customers already involved in the specific contemplated transaction.

2613.5 The disclosure notices required by this section and the Act are set forth below. Each disclosure form developed by licensees shall be in substantially the same following format as the examples set forth in this section:

(a) Disclosure of Brokerage Relationship.

THIS NOTICE IS REQUIRED BY LAW AND IS NOT A CONTRACT.

THIS DISCLOSURE DOES NOT CREATE A BROKERAGE RELATIONSHIP.

Disclosure of Brokerage Relationship

District of Columbia

Prior to providing specific real estate assistance, District of Columbia law requires that a licensee disclose to any party who the licensee does NOT represent the identity of the party to the proposed transaction who the licensee does represent. Even though a licensee may not represent you, that licensee must still treat you honestly in the transaction.

We, the undersigned ( Buyer(s)/Tenant(s) or ( Seller(s)/Landlord(s) acknowledge receipt of this Disclosure, and understand we are NOT represented by the licensee identified below.

and__

(Licensee & License #) (Brokerage Firm)

The licensee and brokerage firm named above represent the following party in the real estate transaction:

[ ] Seller(s)/Landlord(s) (The licensee has entered into a written listing agreement with the seller(s) or landlord(s) or is acting as a sub-agent of the listing broker.)

[ ] Buyer(s)/Tenant(s) (The licensee has entered into a written agency agreement with the buyer/tenant.)

[ ] Designated Agent of the ( Buyer(s)/Tenant(s) or ( Seller(s)/Landlord(s)

(Both the buyers and sellers have previously consented to "Designated Agency", and the licensee listed above is indicating the parties represented.

---

Acknowledged Date

---

Acknowledged Date

(b) Consent for Dual Representation and Designated representation in the District of Columbia.

Consent for Dual Representation and Designated

Representation in the District of Columbia

(To be attached to all listing agreements and buyer or tenant brokerage agreements for transactions in the District of Columbia.)

"Designated Representation" occurs when the Seller or Landlord has entered into a listing agreement with a licensee and the Buyer or Tenant has entered into a buyer brokerage agreement with a different licensee affiliated with the same firm. Each of the licensees, known as Designated Representatives, represents fully the interest of his/her individual clients. The Supervising Broker is a Dual Representative of both the Buyer and Seller, and must not disclose information obtained in confidence to other parties in the transaction.

If the Seller or Landlord does not consent to Designated Representation, the property may not be shown by any licensees affiliated with the brokerage firm who have entered into a representation agreement with a prospective Buyer or Tenant.

If the Buyer or Tenant does not consent to Designated Agency, the Buyer or Tenant may not be shown any properties listed by other licensees affiliated with the brokerage firm.

Prior to entering into a contract in which the buyer and seller are represented by Designated Representatives, the relationship of both Designated Agents must be disclosed/confirmed in writing.

"Dual Representation" occurs when Seller or Landlord has entered into a listing agreement with a licensee and the Buyer or Tenant has entered into a buyer brokerage agreement with the same licensee. When the parties agree to dual representation, the ability of the licensee and the brokerage firm to represent either party fully and exclusively is limited. The confidentiality of all clients shall be maintained.

If the Seller or Landlord does not consent to Dual Representation, the property may not be shown by the licensee to any prospective Buyers or Tenants who have entered into a buyer brokerage agreement with the licensee.

If the Buyer or Tenant does not consent to Dual Agency, the licensee may not show any properties listed by the licensee.

Prior to entering into a contract in which the buyer and seller are represented by Dual Agency, this relationship must be disclosed/confirmed in writing.

[ ] I(We) consent to Designated Representation, acknowledging the broker/firm

___________________________________________, license # _______________________, may represent both the seller(s) and buyer(s) or landlords and tenants, and the sales associate,

_________________________________________, license # _______________________, as the

Designated Representative for the party indicated below:

[ ] Sellers(s) or [ ] Buyer(s)

[ ] Landlord(s) [ ]Tenant(s)

[ ] I (We) do not consent to Designated Representation

[ ] I(We) consent to Dual Representation, acknowledging the broker/firm

____________________________________________________________________________, and the

Sales associate, ______________________________________________________________________,

license # ____________________________, may represent both the seller(s) and buyer(s) (or landlord(s) and tenant(s)), as the Dual Representatives for the both parties indicated below:

[ ] Sellers(s) and Buyer(s)

[ ] Landlord(s) and Tenant(s)

[ ] I (We) do not consent to Dual Representation

---

Signed Date

---

Signed Date

(c) Washington, Washington, DC Disclosure/Confirmation of Dual Representation and/or Designated Representation.

Washington, DC Disclosure/Confirmation of

Dual Representation and/or Designated Representation

(To be attached to the Regional Sales Contract or Lease Agreement whenever

Dual Agency or Designated Representation occurs on a DC transaction)

With respect to the property located at __________________________________________________________

the undersigned, having previously consented to Dual Agency of the brokerage firm, do hereby acknowledge disclosure that:

---

(Name of brokerage firm acting as Dual Representative)

represents more than one party to the real estate transaction as indicated below:

( Seller(s) and Buyer(s)

or

( Landlord(s) and Tenant(s)

The Seller(s) or Landlord(s) and the Buyer(s) or Tenant(s) are proceeding with the transaction acknowledging:

(choose one below)

[ ] Designated Representation:

The brokerage firm has assigned _________________________________________________________

(Name of Licensee & License #)

to act as the Designated Representative of the Seller(s) or Landlord(s) and,

The brokerage firm has assigned _________________________________________________________

(Name of Licensee & License #)

to act as the Designated Representative of the Seller(s) or Landlord(s) and,

……………………………………………………OR…………………………………………………

[ ] Dual Representation

The

Licensee:________________________________________________________________________

(Name of Licensee & License #)

And the Brokerage Firm represents more than one party to the contract as indicated above.

---

Seller or Landlord Date Buyer or Tenant Date

---

Seller or Landlord Date Buyer or Tenant Date

History

• SOURCE: Final Rulemaking published at 52 DCR 6962 (July 29, 2005).

17 DCMR § 2614 SUPERVISION

2614.1 A real estate broker is responsible for the day-to-day supervision of real estate salespersons, associate real estate brokers, and property managers affiliated with the real estate broker.

2614.2 A property manager is responsible for the day-to-day supervision of each person who engages in property management, ministerial, or clerical functions on behalf of the property manager.

2614.3 If the real estate broker is an organization licensed pursuant to § 2601.11 of this chapter, the supervision shall be carried out by the licensed real estate broker that manages the particular branch where the subordinate licensee is employed.

2614.4 Supervision performed under this chapter shall be reasonable and adequate and shall be over the activities of the persons affiliated or registered with that office.

2614.5 The exercise of reasonable and adequate supervision may not be construed as or deemed to create the existence of an employer-employee relationship between the supervisor and the licensed real estate organization and the associate real estate broker or real estate salesperson or to alter the status of an independent contractor.

2614.6 Reasonable and adequate supervision shall be determined by considering the characteristics of the firm, which shall include the following:

(a) The number of licensed real estate salespersons and associate real estate brokers affiliated with the real estate broker;

(b) The number of branch offices and salespersons and associate real estate brokers assigned to each office;

(c) The number of management personnel assigned to each office;

(d) The normal and routine working days and hours of management and supervisory personnel; and

(e) The type of real estate activities of the firm.

2614.7 Factors to be considered in determining whether supervision is reasonable and adequate shall include, but are not limited to, the following:

(a) The frequency of mandatory and voluntary training and education sessions;

(b) The availability of experienced supervisory personnel to review and discuss contract provisions, listing provisions, and advertising matters;

(c) The availability and enforcement of written procedures and policies that provide clear guidance for the following:

(1) The handling of deposit monies and other funds in accordance with the escrow provisions of the chapter;

(2) Compliance with federal and District fair housing laws and regulations;

(3) Compliance with advertising requirements applicable to real estate transactions;

(4) Review of contracts, leases, and brokerage agreements upon execution by all parties to the contract, lease, or brokerage agreement;

(5) Use and limitations of unlicensed personal assistants or resident managers;

(6) Disclosure of agency relationships by licensees in residential real estate transactions;

(7) Distribution and dissemination of information on new or amended requirements in the real estate licensing and real property laws, rules, and regulations of the governments and regulatory agencies of the District, the federal government, and adjacent states and municipalities;

(8) The obligation of all licensees to comply with all applicable provisions of the Second Omnibus Regulatory Reform Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 47-2853.01 et seq.), the District of Columbia Real Estate Licensure Act of 1982, effective March 10, 1983 (D.C. Law 4-209; D.C. Official Code § 42-1701 et seq.), as amended, and the Code of Ethics in this chapter;

(9) Requirements, restrictions, and limitations applicable to the sale or lease of real property personally owned by a licensee and the purchase or lease of real property by a licensee for the licensee's personal use; and

(10) The unauthorized practice of law by a licensee.

(d) Evidence of the following;

(1) Records of attendance at staff meetings;

(2) Review by the broker, branch office manager, or designee of the broker or branch office manager of contracts of sale, leases, and brokerage agreements executed by all parties to the contract, lease, or brokerage agreement;

(3) Review by the broker, branch office manager, or designee of the broker or manager of advertisements to be placed by licensees affiliated with the broker;

(4) Compliance with the written policies and procedures of subsection (c) of this section; and

(5) Dissemination of the written policies and procedures listed in subsection (c) of this section to licensees affiliated with the broker.

2614.8 Upon a showing that the broker has not provided reasonable and adequate supervision in the areas under this section of this chapter, the burden of proof shall be on the broker to show that the supervision that the broker did provide was reasonable and adequate.

History

• SOURCE: Final Rulemaking published at 52 DCR 6962 (July 29, 2005).

17 DCMR § 2615 ADVERTISING REQUIREMENTS

2615.1 Advertising real property in any communications medium, by persons licensed under this chapter, is subject to the disclosure, agency, and duty requirements of this chapter, the Act, the District of Columbia Real Estate Licensure Act of 1982, effective March 10, 1983 (D.C. Law 4-209; D.C. Official Code § 42-1701 et seq.), as amended, and any other applicable District or federal law, rule, or regulation.

2615.2 Institutional advertising may not contain false or misleading information.

2615.3 All advertising shall be under the direct supervision of the principal broker or supervising broker and shall be in the name of the firm. The firm's licensed name shall be displayed clearly and legibly on all advertising.

2615.4 [RESERVED].

2615.5 Online advertising, including e-mail, web pages, message board postings, instant messages, chat, or any other method of communication that may be transmitted over any computer network, is subject to the requirements of this chapter, 17 DCMR Chapter 27, the Act and the District of Columbia Real Estate Licensure Act of 1982, effective March 10, 1983 (D.C. Law 4-209; D.C. Official Code § 42-1701 et seq.), as amended.

2615.6 Online advertising undertaken for the purpose of any licensed activity that can be viewed or experienced as a separate unit such as e-mail messages or web pages shall contain a on-line disclosure as follows:

(a) If a firm or licensee owns a web page or controls its content, the viewable page shall include an on-line disclosure or a link to an on-line disclosure;

(b) E-mail, newsgroups, discussion lists, and bulletin boards shall include an on-line disclosure at the beginning or end of each message. The provisions of this subsection do not apply to correspondence with persons with whom the licensee has already established a brokerage relationship and which are made in the ordinary course of business;

(c) On-line disclosure is not necessary in an instant message, IRC, or ICQ format if the firm or licensee has provided the on-line disclosure via another format prior to providing, or offering to provide, services licensed under this chapter;

(d) On-line disclosure is required prior to providing, or offering to provide, licensable services during a chat session. On-line disclosure may appear in the text visible on the same webpage that contains the chat session if the licensee controls the website hosting the chat session;

(e) On-line disclosure is required prior to advertising in Voice Over Net (VON) format or the disclosure text shall be visible on the same webpage that contains the VON session;

(f) Banner, Pop-up, and Pop-under ads, or any variation thereof, shall include a link to an on-line disclosure unless the banner or pop-up ad contains the on-line disclosure; and

(g) Licensees shall not use unsolicited commercial e-mail (Spam) to promote licensed activity. Licensees are responsible for the actions of third parties that provide commercial e-mail advertising and marketing services for the benefit of the licensee.

2615.6 Only persons licensed as real estate brokers may use the title or designation "real estate broker", the abbreviation "R.E.B.", or any other title designation, words, letters, abbreviations, sign, card, or device tending to indicate that the person is a licensed real estate broker in the District.

2615.7 Only persons licensed as real estate salespersons may use the title or designation "real estate salesperson", the abbreviation "R.E.S.", or any other title designation, words, letters, abbreviations, sign, card, or device tending to indicate that the person is a licensed real estate salesperson in the District.

History

• SOURCE: Final Rulemaking published at 52 DCR 6962 (July 29, 2005); as amended by Final Rulemaking published at 60 DCR 5867 (April 19, 2013).

17 DCMR § 2616 [RESERVED]

17 DCMR § 2617 [RESERVED]

17 DCMR § 2618 [RESERVED]

17 DCMR § 2619 [RESERVED]

17 DCMR § 2620 TERM OF A LICENSE

2620.1 A license or certificate issued to a real estate broker, associate real estate broker, or property manager between January 1 and February 28 of an odd-numbered year shall be valid from the date of issuance through the end of the two-year (2) licensing period commencing on March 1 of that year.

2620.2 A real estate salesperson license issued pursuant to this chapter shall expire on August 31 of each odd-numbered year.

2620.3 The Board may change the license cycle to another system for administrative convenience.

2620.4 If the Board changes the license cycle under § 2620.3 of this section, the term of a license that is in effect on the date of the Board's determination to change the system may be extended up to three (3) years in order to permit an orderly transition.

History

• SOURCE: Final Rulemaking published at 38 DCR 5010 (August 9, 1991); as amended by Final Rulemaking published at 52 DCR 6962 (July 29, 2005).

17 DCMR § 2621 RENEWAL OF A LICENSE

2621.1 At least sixty (60) days prior to the expiration of a license, the Board shall send a renewal application by certified or registered first class mail to the holder of a license at the licensee's last known address.

2621.2 A holder of a license shall meet all of the requirements for license renewal prior to the issuance of the renewal.

2621.3 A holder of a license shall provide the Board a street address for the licensee's residence, not a post office box, and shall notify the Board in writing of any change of home or business address within thirty (30) days of the change.

2621.4 The failure of a holder of a license to receive the notice required by § 2621.1 of this

section does not relieve the holder of the responsibility of renewing the license.

2621.5 A holder of a license who fails to renew before the expiration date may renew the license within sixty (60) days after expiration upon paying the required late fee. Upon renewal, the holder shall be deemed to have possessed a valid license during the period between the expiration of the license and its renewal.

2621.6 If a holder of a license fails to renew the license within sixty (60) days after its expiration, the license shall be deemed to have lapsed on the date of expiration and the holder shall be required to apply for reinstatement of the expired license and pay the required reinstatement fee.

2621.7 An applicant for renewal of a property manager's license shall submit the renewal application in a timely manner and shall complete the continuing education requirements before the expiration date of the license.

2621.8 The Board shall deny an application for renewal if the applicant has not completed the continuing education requirements prior to the expiration date of the license.

2621.9 Denial of an application for renewal for failure to complete the continuing education requirements shall require the applicant to complete the continuing education requirements prior to submitting an application for reinstatement pursuant to § 2622 of this chapter.

History

• SOURCE: Final Rulemaking published at 38 DCR 5010 (August 9, 1991); as amended by Final Rulemaking published at 42 DCR 3178 (June 23, 1995); as amended by Final Rulemaking published at 52 DCR 6962 (July 29, 2005).

17 DCMR § 2622 REINSTATEMENT OF AN EXPIRED LICENSE

2622.1 This section shall apply to an applicant for reinstatement of an expired license issued under the Act.

2622.2 An applicant for reinstatement under this section shall file an application with the Board on the prescribed form and shall pay the required reinstatement fee as well as any current assessment for the Fund.

2622.3 An applicant for reinstatement under this section shall demonstrate fitness to resume practice by submitting evidence satisfactory to the Board that the applicant has the competency and knowledge of District and federal laws necessary to resume practice and that the applicant's resumption of practice will not be detrimental to the public interest or the integrity of the real estate profession.

2622.4 In making a determination pursuant to § 2622.3, the Board shall consider the following:

(a) The length of time that the applicant has practiced in the District or another jurisdiction;

(b) The length of time after expiration of the applicant's license that the applicant was not practicing in either the District or another jurisdiction;

(c) The applicant's violations of any laws;

(d) The applicant's present character; and

(e) The applicant's present qualifications and competency to practice.

2622.5 The Board may require an applicant to complete certain educational or training requirements, in addition to any continuing education requirements, prior to or after reinstatement, to ensure that the applicant is competent to practice.

2622.6 The Board shall not reinstate the license of a real estate broker, a real estate salesperson or property manager who fails to apply for reinstatement of a license within five (5) years after the license expires. Any person who is ineligible for reinstatement may become licensed by meeting the requirements for initial licensure under this chapter.

2622.7 An applicant for reinstatement of an expired license shall submit proof of having completed all continuing education credits required pursuant to § 2605.7 of this chapter.

2622.8 In an application for reinstatement of an expired license, if the applicant is an individual, the applicant shall provide the street address, not a post office box, for the applicant's residence.

History

• SOURCE: Final Rulemaking published at 38 DCR 5010 (August 9, 1991); as amended by Final Rulemaking published at 40 DCR 1108 (February 5, 1993); as amended by Final Rulemaking published at 42 DCR 3178 (June 23, 1995); as amended by Final Rulemaking published at 52 DCR 6962 (July 29, 2005); as amended by Final Rulemaking published at 60 DCR 5867 (April 19, 2013).

17 DCMR § 2623 REINSTATEMENT OF SUSPENDED OR REVOKED LICENSE

2623.1 A person whose license to practice as a real estate broker, real estate salesperson, or property manager has been revoked shall be ineligible to apply for reinstatement for a period of three (3) years from the date of revocation unless otherwise provided in the Act or the Board's order of revocation.

2623.2 An applicant for reinstatement under this section shall file an application with the Board on the prescribed form and shall pay the required reinstatement fee.

2623.3 An applicant shall satisfy the continuing education requirements of § 2605.7 of this chapter and shall demonstrate fitness to resume practice by submitting evidence satisfactory to the Commission that the applicant has the moral qualifications, competency, and knowledge of District and federal laws necessary to resume practice, and that the applicant’s resumption of practice will not be detrimental to the public interest or the integrity of the real estate profession.

2623.4 In making a determination pursuant to § 2623.3 of this chapter, the Board may consider, among other factors, the following:

(a) The nature and circumstances of the conduct for which the applicant's license was suspended or revoked;

(b) The applicant's recognition and appreciation of the seriousness of any misconduct;

(c) The applicant's conduct since the suspension or revocation, including steps taken by the applicant to remedy prior misconduct and prevent future misconduct;

(d) The applicant's present character;

(e) The applicant's present qualifications and competency to practice in the real estate profession;

(f) Whether the applicant has paid all fines, and where applicable, has complied with the requirements of § 2706.1 of this chapter; and

(g) Whether the documents submitted by the applicant as proof of completion of the continuing education requirements necessary for reinstatement comply with the requirements of § 2605 of this chapter.

2623.5 The Board may require an applicant to complete specified educational or training requirements, in addition to any continuing education requirements, prior to or after reinstatement, to ensure that the applicant is competent to practice.

2623.6 A person whose application for reinstatement has been denied shall be ineligible to apply for reinstatement for a period of one (1) year from the date of the denial.

2623.7 In an application for reinstatement of a suspended or revoked license, if the applicant is an individual, the applicant shall provide the street address, not a post office box, for the applicant's residence.

2623.8 The Board's order of revocation shall include the applicable conditions for reinstatement as set forth in this section.

History

• SOURCE: Final Rulemaking published at 38 DCR 5010 (August 9, 1991); Final Rulemaking published at 40 DCR 1108 (February 5, 1993); as amended by Final Rulemaking published at 42 DCR 3178 (June 23, 1995); as amended by Final Rulemaking published at 52 DCR 6962 (July 29, 2005); as amended by Final Rulemaking published at 60 DCR 5867 (April 19, 2013).

17 DCMR § 2624 EXEMPTIONS FROM LICENSING REQUIREMENTS

2624.1 All persons within the District regularly engaged in conducting any activity licensed by the Board, unless appointed or acting under the judgment or order of any court while acting in that capacity shall obtain a license prior to engaging in the activity unless specifically exempted by this chapter or the Act.

2624.2 Persons exempted from licensure under this chapter shall not hold themselves out as real estate brokers, salespersons, or property managers. Failure to abide by this section may result in civil and criminal prosecution under this chapter and the Act.

2624.3 Persons acting in the following capacities are exempt from the licensing requirements of this chapter:

(a) Receivers, referees, administrators, executors, guardians, conservators, trustees, or other persons appointed or acting under the judgment or order of any court while acting in that capacity, or attorneys-at-law in the ordinary practice of their profession;

(b) Any person who, as an owner or lessor of real estate, performs any of the acts specified in this subsection, where the acts are performed in the regular course of, or incident to, the management of real estate, business and the investments therein owned by that person;

(c) Any trustee or auctioneer acting under authority of a power of sale in a mortgage, deed of trust, or similar instrument securing the payment of a bona fide debt;

(d) Except for title companies, any bank, trust company, building and loan or savings and loan association, or insurance company, having a fiduciary interest such as a receiver, referee, administrator, executor, guardian, conservator or trustee, when the bank, trust company, building and loan or savings and loan association, or insurance company is so engaged;

(e) Any person who is employed by a licensed real estate broker or property manager in a solely stenographic or clerical capacity and who does not perform, offer, agree, or attempt to perform, any of the activities licensed by the Board;

(f) Any officer or employee of the federal or District government while performing his or her official duties, or any person, or employee thereof, who is employed on a contractual or other basis, by the federal or District government to make appraisals of real estate for real property tax or other government purposes;

(g) Any person who, for a fee, commission, or other valuable consideration, identifies for another person, or provides any other information about, any rental unit available for rent; or

(h) Any qualifying nonprofit housing organization as defined by D.C. Official Code § 47-3505(a).

2624.4 A person is not required to possess a property manager's license, and shall not be considered a property manager, when performing the following actions:

(a) Delivering a lease application, a lease, or any amendment of a lease to any person;

(b) Receiving a lease application, a lease, an amendment of a lease, a security deposit, a rent payment, or any related payment for delivery to a property manager;

(c) Showing a rental unit to any person;

(d) Providing information about a rental unit, a lease, an application for a lease or the status of a security deposit, or the payment of rent to any person;

(e) Assisting an owner or another person in the performance of property management functions by carrying out ministerial, administrative, or clerical tasks;

(f) Other actions that do not create or offer to create a contractual obligation on the person's employer; or

(g) Any person who, as an owner or lessor of real estate, performs any of the acts specified in this chapter that are performed in the regular course of, or incident to, the management of real estate, business, and the investments therein owned by that person.

History

• SOURCE: Final Rulemaking published at 52 DCR 6962 (July 29, 2005).

17 DCMR § 2699 DEFINITIONS

2699.1 As used in chapters 26 and 27 of this title, the following terms and phrases shall have the meanings ascribed:

Act - Title I of the Second Omnibus Regulatory Reform Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-261, § 1002; D.C. Official Code § 47-2853.01 et seq.).

Affiliated - A person licensed under this chapter whose license or license status requires maintaining an employer-employee or independent contractor relationship with a real estate broker licensed in the District with a fixed street address that is registered with the Commission.

ARELLO - The Association of Real Estate Licensing Law Officials; a global, nonprofit association made up of entities involved in regulating the practice of real estate salespersons, real estate brokers, and property managers.

Associate Real Estate Broker - any person licensed as a real estate broker who is employed by a real estate broker, franchise, firm, association, business, or corporation, but who is not a partner, an officer, or a principal broker within a licensed legal entity.

Banner Ads - a graphic image that announces the name or identity of a site or is an advertising image.

Builder - a person that purchases and develops property by constructing structures to sell to the public.

Bulletin Commission System (BBS) - a service for sharing or exchanging of messages or files via the Internet, Telnet, or private dial-up service.

Chat Session - the exchange of text messages in real time between one or more participants who take part from anywhere on the Internet.

Commission - the Real Estate Commission, established by the Second Omnibus Regulatory Reform Act of 1998, effective April 20, 1999 (D.C. Law 12- 261; D.C. Official Code § 47-2853.01 et seq.) and previously known as the D.C. Real Estate Commission.

Competitive Market Analysis - A comparison of the prices of recently sold homes that are similar to a listing seller's home in terms of location, style and amenities.

Director - the Director of Department of Consumer and Regulatory Affairs.

Discussion Lists - known also by various names such as discussion Commission, discussion group, discussion forum, message Commission, and online forum - discussion list is a general term for any online "bulletin Commission" where a person can read messages or leave and expect to see responses to messages the person has left.

Distance learning - courses in which instruction does not take place in a traditional classroom setting but rather through other media where instructor and student are separated by distance and sometimes by time.

District - the District of Columbia.

E-mail - the exchange of computer stored messages by telecommunication usually in text format, but may also include non-text files, such as graphic images or sound files, as attachments sent in binary streams.

Fund - the Real Estate Guaranty and Education Fund.

Instant Messaging - sometimes called IM or IMing, is the ability to see whether a person is connected to the Internet and, if so, exchange text-only messages with that person. The recipient shall be willing to accept the message or the transmission cannot be completed. Similar services are LRC and ICQ.

Institutional advertising - advertising that does not identify any real property.

Leasing - Leasing is a financial instrument enabling the utilization of a given fixed asset without possessing its ownership.

Mastery Based Format - A structured interactive learning program divided into modules of instruction where students are required to demonstrate mastery of the material covered.

Newsgroup - a discussion about a particular subject consisting of notes written to a central Internet site and redistributed through Usenet, a worldwide network of news discussion groups.

Office of Investigations - the Department of Consumer and Regulatory Affairs Office of Compliance, Investigations Division.

On-line Disclosure - a notice that contains the firm's licensed name, the city and state in which the firm's main office is located, and the jurisdiction in which the firm holds a license or advertising that contains the licensee's name, the name of the firm with which the licensee is affiliated, the city and state in which the licensee's office is located, and the jurisdiction in which the licensee holds a license.

Person - any individual, partnership, association, unincorporated business, firm, business trust, or corporation, whether foreign or domestic.

Pop-Up/Pop-Under Ads - A window used for advertising, smaller than the main browser window, that appears in front or behind the main browser window.

Proof of Age - when proof of age is required by this Chapter, the applicant shall present an original or notarized copy of the following; birth certificate, current passport, current driver's license or such other proof as is acceptable to the Commission.

Property manager - an agent for the owner of real estate in all matters pertaining to the operation of the property or properties which are under his or her direction, including the leasing or renting of property, and who is paid a commission, fee or other valuable consideration for his or her services, but does not perform any activities that relate to the listing for sale, offering for sale, buying or offering to buy, negotiating the purchase, sale, or exchange of real estate, or negotiating a loan on real estate for a fee, commission, or other valuable consideration.

Real Estate - condominiums, leaseholds, time sharing, any other interest, or non-freehold, whether located in the District or elsewhere. For the purposes of this chapter, the term also means any share or membership in a cooperative organized pursuant to the District of Columbia Cooperative Association Act, approved June 19, 1940 (54 Stat. 480; D.C. Code §§ 29-801 et seq.), to engage in activities relating to real estate, even though the shares or membership may be considered to be securities or personal property for purposes of the Act.

Real Estate Broker - Any person, firm, association, partnership, or corporation (domestic or foreign) who:

(1) For a fee, commission, or other valuable consideration, lists for sale, or sells, exchanges, purchases, rents, or leases real property. A real estate broker may collect or offer to collect rent or income for the use of real estate, or negotiate a loan secured by a mortgage, deed of trust, or other encumbrance upon the transfer of real estate. A real estate broker may also engage in the business of erecting housing for sale and may sell or offer to sell that housing, or who as owner may sell or, through solicitation or advertising, offer to sell or negotiate the sale of any lot in any subdivision of land comprising five (5) lots or more. This definition shall not apply to the sale of space for the advertising of real estate in any newspaper, magazine, or other publication; and

(2) May employ real estate brokers, associate real estate brokers, real estate salespersons, property managers and resident managers. The real estate broker shall be held accountable for the day-to-day job-related activities of his or her employees. These activities include, but are not limited to, property management, leasing or renting of property, listing for sale, buying or negotiating the purchase or sale, or exchanging real estate or negotiating a loan on real property.

Real Estate Salesperson - any person affiliated with or employed by a licensed real estate broker to manage or lease; rent or offer to lease for rent; list for sale, sell, or offer for sale; buy or offer to buy; negotiate the purchase or sale, or exchange of real estate; or to negotiate a loan on real estate.

Resident Manager - a individual responsible for the day-to-day management of a contiguous cluster of rental real estate who serves as principal onsite representative of the contracting property manager but who does not perform any function requiring licensure under this chapter.

Supervision - The direction and review, by a real estate broker acting as a branch office manager or property manager, of the acts performed by an affiliated licensee, such as an associate real estate broker or real estate salesperson, or an unlicensed person performing clerical, ministerial, or other functions exempt from licensure under this chapter.

Voice Over Net - voice communication delivered using Internet Protocol rather than the public switched telephone network.

History

• SOURCE: Final Rulemaking published at 52 DCR 6962 (July 29, 2005); as amended by Final Rulemaking published at 57 DCR 5047 (June 11, 2010), as corrected by Errata Notice published at 57 DCR 7207 (August 13, 2010). .

17-27 REAL ESTATE PRACTICE AND HEARINGS

17 DCMR § 2700 CHANGE OF LICENSEE STATUS

2700.1 Upon receipt of a properly filed written request on a form approved by the Board and payment of the appropriate fees, the Board may approve the change of status of a real estate broker licensee.

2700.2 An individual licensed as a real estate broker may request to change the status of the license to the following:

(a) That of a member, partner, trustee or officer of a firm, partnership, association, business trust or corporation; or

(b) That of an associate real estate broker with a firm, partnership, association, business trust, or corporation.

2700.3 A change of status shall be effective for any unexpired portion of the licensure term.

2700.4 Upon receipt of a licensee's completed change of status request, the Board shall issue a new license to the licensee reflecting the change of status but that contains the same expiration date as the original license.

2700.5 The Board shall change the status of a real estate broker to an associate broker only if the real estate broker meets the definition of an associate broker established by D.C. Official Code § 47-2853.182(d).

2700.6 A firm, partnership, association, business trust, and corporate licensee shall notify the Board, by certified mail, of any change in the status of affiliation with real estate brokers and real estate salespersons.

2700.7 Licenses issued by the Board are not transferable to another person.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2701 PLACE OF BUSINESS; DISPLAY OF LICENSE; NOTICE OF CHANGE OF ADDRESS

2701.1 Each place of business shall have a phone, desk, and pertinent files and shall conspicuously display therein the license of all persons licensed to act as a broker or salesperson and shall likewise conspicuously display on the door or outside of the premises named in the license a sign bearing the word "Real Estate" or where authorized, "Realtor" or "Realtist." The sign shall be visible from a public highway or public hallway, and shall include the licensee's name. Neither a post office box nor an answering service shall satisfy the requirements of D.C. Official Code § 47-2853.184.

2701.2 A duplicate real estate broker or property manager license shall be obtained and displayed in each branch office maintained by the real estate broker or property manager within the District.

2701.3 Each real estate brokerage or property management firm shall be managed by a licensed real estate broker or property manager who shall adhere to the supervision requirements of 17 DCMR 2614 et seq.

2701.4 Real estate brokers and property managers shall notify the Board of any change in the location of his or her principal place of business upon a form provided by the Board.

2701.5 The change of address notice required by § 2701.4 of this section shall include the effective date of the relocation and shall be submitted in writing within fifteen (15) days prior to the relocation.

2701.6 The real estate broker's license and the licenses of all real estate salespersons employed by him or her shall accompany the notice required by § 2701.4 of this section.

2701.7 Upon receipt of a properly filed notice and payment of fees, the Board shall issue new licenses for the unexpired term within thirty (30) days.

2701.8 Failure to notify the Board of a change of address or to return the licenses as required by this section shall result in the immediate suspension of the license until the real estate broker or property manager has complied with this section.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005); as amended by Final Rulemaking published at 54 DCR 1303 (February 9, 2007).

17 DCMR § 2702 ESCROW FUND

2702.1 This section applies to any real estate transaction in which any person is entrusted, receives, accepts, or otherwise holds or deposits monies or other trust instruments, of whatever kind or nature, pending the consummation or termination of the transaction involved, whether or not the person requires licensure under this chapter. For the purposes of this section, the person receiving the monies or trust instruments shall be referred to as the escrow holder or trustee.

2702.2 In the absence of written instructions to the contrary signed by all parties to a real estate transaction, monies or other trust instruments received by a person for deposit pending the consummation or termination of the transaction shall, within seven calendar (7) days, be deposited in a financial institution located within the District whose deposits are insured either by the Federal Deposit Insurance Corporation or the Savings Association Insurance Fund, or their successors.

2702.3 The escrow holder or trustee shall maintain the escrow account as a separate account for monies belonging to others.

2702.4 Each escrow holder or trustee shall notify the Board within fourteen (14) calendar days of the name and post office address of the financial institution in which any escrow or trustee account has been established on a form provided by the Board.

2702.5 The form shall include the following:

(a) Name of escrow account;

(b) Account number;

(c) Financial institution where account is located;

(d) Address of institution;

(e) Licensee's name, address, telephone number, and license number; and

(f) Written authorization from the escrow holder or trustee allowing the Board to examine all documents held by the financial institution related to the escrow or trust accounts listed on the form.

2702.6 Monies or other trust instruments shall be maintained in the account until the transaction involved is consummated or terminated, or until proper written instructions have been received by the escrow holder or trustee directing the withdrawal and disposition of the monies, at which time, all the monies shall be promptly and fully accounted for by the escrow holder or trustee.

2702.7 The escrow holder or trustee shall not commingle any of the monies held in an escrow or trustee account with his or her own funds or use any of the escrow or trust monies for any purpose other than the purpose for which the monies were entrusted to him or her. However, the escrow holder or trustee may keep a nominal amount of his or her personal funds in an escrow or trustee account for the purpose of keeping the escrow or trustee account active.

2702.8 An escrow holder or trustee shall not be entitled to any part of the earnest money or other money paid to, or held by, the escrow holder or trustee in connection with any real estate or business transaction as a part or all of his or her commission or fee or for any other purpose until the transaction has been consummated or terminated.

2702.9 Monies held in a escrow or trust account for 90 days or more shall earn interest beginning on the 91st day until the day that the transaction is consummated or terminated.

2702.10 Interest owed under § 2702.9 of this chapter shall be earned at the highest of the following rates:

(a) The legal maximum rate under federal law for interest on ordinary savings deposits in commercial banks;

(b) The rate on the account in which the escrow is deposited; or

(c) The rate on the certificate of deposit or other security given as the escrow or trust.

2702.11 A service fee of no more than fifteen dollars ($15.00) may be subtracted from the interest by the financial institution into which the escrow or trust funds are deposited.

2702.12 In the event of any direct conflict between this section and the Security Deposit Act, effective February 20, 1976 (D.C. Law 1-48; 22 DCR 2825), the Security Deposit Act and any rules or regulations issued under the authority of the Security Deposit Act shall prevail.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2703 EXCEPTION TO INSURANCE COMPANY EXEMPTION

2703.1 Title insurance companies shall not be construed to be included in the insurance company exemption provided by D.C. Official Code § 47-2853.181(4).

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2704 REAL ESTATE GUARANTY AND EDUCATION FUND ASSESSMENT

2704.1 An applicant for a license as a real estate broker, real estate salesperson, or property manager shall pay, in addition to the applicable license fee, the sum of sixty dollars ($60.00) into the Real Estate Guaranty and Education Fund ("Fund").

2704.2 Upon renewal of a license, a licensee shall pay, in addition to the applicable renewal fee, the sum of sixty dollars ($60.00) into the Fund.

2704.3 The Fund shall, at all times, be maintained with a balance of no less than one million forty thousand dollars ($1,040,000) and not more than five million dollars ($5,000,000).

2704.4 The Board shall suspend collection of the assessment for the Fund from licensees on November 1 of any year, if on the prior October 1, the balance of the Fund is within fifty thousand dollars ($50,000) of the maximum established under this section.

2704.5 The Board may resume collection of the assessment for the Fund of licensees on November 1, if on the prior October 1, the balance of the Fund is less than $4,950,000.

2704.6 Any time the amount of the Fund falls below the minimum amount established under this section, the Commission shall assess each licensee up to fifty dollars ($50) during any license year to bring the balance of the Fund up to the minimum amount.

2704.7 A licensee whose license has been suspended for failure to pay an assessment required to bring the balance of the Fund up to the minimum established pursuant to § 2704.6 of this section shall have his or her license restored only upon receipt of the delinquent assessment plus six percent (6%) interest calculated from the date the assessment was due to the date of payment and penalties in the amount of fifty dollars ($50.00).

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005); as amended by Final Rulemaking published at 60 DCR 5867 (April 19, 2013); as amended by Final Rulemaking published at 63 DCR 2246 (February 26, 2016); as amended by Final Rulemaking published at 67 DCR 14847 (December 25, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2704

17 DCMR § 2705 REAL ESTATE GUARANTY AND EDUCATION FUND PAYMENT TO APPLICANTS

2705.1 The Department shall make a payment from the Fund to an applicant for payment within sixty (60) days after an order is signed by the Board; provided, that sufficient money is on deposit in the Fund.

2705.2 For purposes of this section, "sufficient fund" means the amount of money necessary to satisfy a duly authorized claim.

2705.3 A duly authorized claim that remains unsatisfied due to insufficient money or deposit in the Fund shall accumulate interest at the rate of four percent (4%) per annum.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2706 REAL ESTATE GUARANTY AND EDUCATION FUND RESTORATION OF LICENSE

2706.1 A licensee whose license has been suspended pending payment in full of an amount ordered paid from the Fund shall not be eligible to have his or her license reinstated until he or she has paid the full amount ordered paid from the Fund plus six percent (6%) interest per annum.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2707 REAL ESTATE GUARANTY AND EDUCATION FUND USE FOR PROGRAMS

2707.1 The Board may use the Fund to pay that proportion of the cost of a program that is equal to the percentage of the program directly related to establishing or maintaining an educational program to improve the competency of licensees or applicants for licensure.

2707.2 The Board may authorize the Fund to be used for expenditures for conferences, workshops and educational programs, for real estate license officials as provided in § 2707.4 of this section.

2707.3 For purposes of this subsection, a "real estate license official" means an employee of the District of Columbia whose duties involve the enforcement of real estate license laws, including but not limited to Board members, legal counsel, and other employees as designated by the Board.

2707.4 The Board may use the Fund to pay the entire permissible cost of participation for a real estate license official to attend a conference, workshop, or educational program if the Board determines the following;

(a) That the conference, workshop, or educational program is qualified pursuant to § 2707.5; and

(b) That the real- estate license official's duties relate in whole or in part to the enforcement of real estate license laws.

2707.5 In deciding whether a conference, workshop, or educational program is qualified, the Board shall consider the following:

(a) The educational objective of the proposed program;

(b) The length of the proposed program, the schedule of instruction, location, and anticipated number of participants;

(c) A list of instructors and their credentials; and

(d) Any other information about the conference, workshop, or program as the Board may require.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2708 REAL PROPERTY SELLER'S DISCLOSURE STATEMENT

2708.1 The requirements of this section shall apply to the transfer or sale of real property located in the District consisting of at least one (1) but not more than four (4) dwelling units, where:

(a) The transfer is effected through a sale, exchange, installment land contract, lease with an option to purchase, or any other option to purchase; and

(b) The purchaser of the property to be transferred has expressed in writing an interest to reside in the property.

2708.2 This section shall not apply to the following kinds of transfers:

(a) Court ordered transfers, including;

(1) Transfers ordered by a probate court in the administration of an estate;

(2) Transfers pursuant to a writ of execution;

(3) Transfers by a foreclosure sale;

(4) Transfers by a trustee in bankruptcy;

(5) Transfers by eminent domain; and

(6) Transfers from a decree for specific performance.

(b) Transfers to a mortgagee by a mortgagor or successor in interest who is in default;

(c) Transfers by:

(1) A sale under a power of sale;

(2) A foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or any other instrument containing a power of sale; or

(3) A mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure.

(d) Transfers by a non-occupant fiduciary in the course of administering a decedent's estate, guardianship, conservatorship, or trust;

(e) Transfers from one cotenant to one or more other cotenants;

(f) Transfers made to the transferor's spouse, parent, grandparent, child, grandchild or sibling, or any combination of the foregoing;

(g) Transfers between spouses resulting from the following:

(1) A judgment of divorce;

(2) A judgment of separate maintenance; or

(3) From a property settlement agreement incidental to a judgment;

(h) Transfers or exchanges to or from a governmental entity; and

(i) Transfers made by a person of newly constructed residential property that has not been inhabited.

2708.3 The transferor or seller of real property described in § 2708.1 of this section shall provide a completed Seller's Disclosure Statement in the form prescribed under § 2708.13 of this section. This shall be the form for the disclosure statement required under Section 3 of the Residential Real Property Seller Disclosure, Funeral Services Date Change, and Public Services Board Independent Procurement Authority Act of 1998, vetoed by the Mayor on December 29, 1998, and overridden by the Council on January 5, 1999, effective April 20, 1999 (D.C. Law 12-263, § 2; D.C. Official Code §§ 42-1301 et seq.).

2708.4 The transferor or seller shall sign the Seller's Disclosure Statement and deliver it to the purchaser or transferee as follows:

(a) In the case of a sale, before or at the time the prospective purchaser or transferee executes a purchase agreement with the transferor; or

(b) In the case of an installment sales contract where a binding purchase contract has not been executed or in the case of a lease with an option to purchase; before or at the time the prospective purchaser or transferee executes the installment sales contract or lease with the transferor or seller.

2708.5 The transferor or seller shall complete the items set forth in Seller's Disclosure Statement as follows:

(a) The transferor or seller shall answer all questions on the Seller's Disclosure Statement;

(b) If an item does not apply to the subject property, the transferor or seller shall check "N/A" (not applicable) on the Seller's Disclosure Statement; and

(c) If the information regarding a specific item is not known, the transferor or seller shall check "UNKNOWN" on the Seller's Disclosure Statement.

2708.6 Responses to items on the Seller's Disclosure Statement shall be made in good faith, which means honesty in fact in the making of the disclosure. Information provided in the statement shall be based on information available and actually known to the transferor or seller.

2708.7 If additional space is required in responding to an item, the transferor or seller shall attach an additional page for that item. Each additional page shall bear the signature of the transferor or seller.

2708.8 The transferor or seller of a condominium unit, cooperative unit, or a lot in a homeowners association shall provide information only as to the transferor's or seller's unit or lot and not as to any common elements, common areas, or other areas outside the unit or lot.

2708.9 If the transferor or seller fails to provide a completed Seller's Disclosure Statement before the purchaser executes a purchase agreement, installment sales contract, or lease with an option to purchase, the purchaser or transferee may terminate the agreement, contract or lease by delivering written notice to the transferor or seller not more than five (5) calendar days after the receipt of the disclosure statement. If the agreement, contract, or lease is terminated, the transferor or seller shall return the deposit to the transferee.

2708.10 The purchaser waives the right to terminate a purchase agreement, installment sales contract, or lease with an option to purchase under § 2708.9 of this section if the right to terminate is not exercised before the earliest of the following:

(a) The making of a written application to a lender for a mortgage loan or financing, provided that the lender discloses in writing at or before the time application is made that the right to rescind terminates on submission of the application;

(b) Settlement or date of occupancy by the purchaser or transferee in the event of a sale; or

(c) Occupancy in the event of a lease with an option to purchase.

2708.11 If the information provided in the Seller's Disclosure Statement becomes inaccurate as a result of any action, occurrence or agreement, the inaccuracy shall not be grounds for terminating the transaction under § 2708.9 of this section.

2708.12 The Seller's Disclosure Statement shall be furnished by personal delivery, facsimile, or registered mail. The execution of a facsimile counterpart of the statement by the transferor or seller shall be considered execution of the original.

2708.13

Seller’s Disclosure Statement

Instructions

These Instructions are to assist the Seller in completing the required Seller’s Disclosure Statement in order to comply with the District of Columbia Residential Real Property Seller Disclosure Act. This form does not satisfy the requirements outlined in D.C. Official Code § 42–1904.11 related to the disclosure of information for the resale of a condominium unit.

Who must complete the Seller’s Disclosure Statement?

The Seller must complete the Statement him or herself (not the broker, broker’s agent, management company, condominium association, cooperative association, or homeowners association).

The Seller must provide the Seller’s Disclosure Statement to the Purchaser for the following transactions:

The Act applies to the following types of transfers or sales of District of Columbia real estate:

Where the property consists of one to four residential dwelling units;

The transaction is a sale, exchange, installment land contract, lease with an option to purchase, or any other option to purchase; and

The purchaser expresses, in writing, an interest to reside in the property to be transferred.

The Seller does not need to complete the Seller’s Disclosure Statement for the following transactions:

Court ordered transfers;

Transfers to a mortgagee by a mortgagor in default or transfers to a beneficiary of a deed of trust by a trustor who is in default;

Transfers by sale under a power of sale in a deed of trust or mortgage or any foreclosure sale under a decree of foreclosure or deed in lieu of foreclosure;

Transfers by a non-occupant fiduciary administering a decedent’s estate, guardianship, conservatorship or trust;

Transfers between co-tenants;

Transfers made to the transferor’s spouse, domestic partner, parent, grandparent, child, grandchild or sibling (or any combination of the foregoing);

Transfer between spouses or domestic partners under a judgement terminating the marriage or domestic partnership or a judgment of separate maintenance or from a property settlement agreement incidental to such a judgment;

Transfers or exchanges to or from any governmental entity; and

Transfers made by a person of newly constructed residential property that has not been inhabited.

When does the Seller’s Disclosure Statement have to be provided to the Purchaser?

In a sale, before or at the time the prospective transferee executes a purchase agreement with the transferor. In an installment sales contract (where a binding purchase contract has not been executed), or in the case of a lease with option to purchase, before or at the time the prospective transferee executes the installment sales contract or lease with the transferor.

What information must the Seller disclose?

Sellers must answer all questions on the Seller Disclosure Statement. Sellers must report conditions of the property that are actually known to the sellers. If any items do not apply to your property, check “N/A” (not applicable). If you do not know the facts needed to respond to a question, check “UNKNOWN”. Each disclosure must be made in “good faith” (honesty in fact in the making of the disclosure). Attach additional pages with your signature if additional space is required.

What is the remedy if the Seller does not provide the Seller’s Disclosure Statement to the Transferee?

If the Seller’s Disclosure Statement is delivered after the purchaser executes the purchase agreement, installment sales contract or lease with an option to purchase, the purchaser may terminate the transaction by written notice to the seller not more than five (5) calendar days after receipt of the Seller’s Disclosure Statement by the purchaser, and the deposit must be returned to the purchaser. The right to terminate is waived if not exercised before the earliest of:

The making of an application for a mortgage loan or financing (if the lender discloses in writing at or before the time the application is made that the right to rescind terminates on submission of the application);

Settlement or date of occupancy in the case of a sale; or

Occupancy in the case of a lease with an option to purchase.

If the Seller finds out different information after providing the Seller’s Disclosure Statement to the Purchaser, how does this impact a ratified contract?

If information becomes inaccurate after delivery of the disclosure form, the inaccuracy in the disclosure form shall not be grounds for terminating the transaction. This form does not preclude any common law grounds to terminate a transaction.

How must a Seller deliver the Seller’s Disclosure Statement to the Transferee?

The Seller’s Disclosure Statement must be delivered by personal delivery, facsimile delivery, or by registered mail to the transferee. Execution by the transferor of a facsimile is considered execution of the original.

SELLER’S PROPERTY CONDITION STATEMENT

For Washington, DC

Purpose of Statement: This Statement is a disclosure by the Seller of the defects or information actually known by the Seller concerning the property, in compliance with the District of Columbia Residential Real Property Seller Disclosure Act. Unless otherwise advised, the Seller does not possess an expertise in construction, architecture, engineering, or any other specific area related to the construction of the improvements on the property or the land. Also, unless otherwise advised, the Seller has not conducted any inspection of generally inaccessible areas such as the foundation or roof. THIS STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT REPRESENTING THE SELLER IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE BUYER MAY WISH TO OBTAIN.

Seller Disclosure: The Seller discloses the following information with the knowledge that, even though this is not a warranty, the Seller specifically makes the following statements based on the Seller’s actual knowledge at the signing of this document. Upon receiving this statement from the Seller, the Seller’s agent is required to provide a copy to the Buyer or the agent of the Buyer. The Seller authorizes its agent (s) to provide a copy of this statement to any prospective buyer or agent of such prospective buyer in connection with any actual or anticipated sale of property. The following are statements made solely by the Seller and are not the statements of the Seller’s agent(s), if any. This information is a disclosure only and is not intended to be a part of any contract between Buyer and Seller.

The seller(s) completing this disclosure have owned the property from:

To:

The seller(s) completing this disclosure have occupied the residence from:

To:

Property Address:

The property is included in::

Condominium Association

Cooperative

Homeowners association with mandatory participation and fee

N/A

**If this is a sale of a condominium unit or cooperative unit, or in a homeowners association, this disclosure form provides information only as to the unit (as defined in the governing documents of the association) or lot (as defined in the covenants applicable to the lot), and not as to any common elements, common areas or other areas outside of the unit or lot. Additional information may be required pursuant to D.C. Official Code § 42–1904.11.

A. Structural Conditions

1. Roof

Roof is a common element maintained by condominium, cooperative, or homeowners’ association.

Age of Roof:

0-5 years

5-10 years

10-15 years

15+ years

Unknown

Does the seller have actual knowledge of any leaks or evidence of moisture from roof?

Yes

No

If yes, please provide comments:

Does the seller have actual knowledge of any existing fire-retardant treated plywood?

Yes

No

If yes, please provide comments:

2. Fireplace/ Chimney(s)

Does the seller have actual knowledge of any defects in the working order of the fireplaces?

Yes

No

No fireplace(s)

If yes, please provide comments:

Does the seller know when the chimney(s) and/or flue were last inspected and/or serviced?

Yes

No

No chimney(s) or flue(s)

If yes, when were they last serviced or inspected? If the last date of service or inspection occurred on different dates, please provide the dates for both.:

q Basement/Foundation is a common element maintained by condominium, cooperative, or homeowners’ association.

3. Basement / Foundation

Does the seller have actual knowledge of any leaks or evidence of moisture, flooding, sewer backup, or water intrusion in the basement?

q Yes

q No

q No Basement

If yes, please provide comments:

Does the seller have actual knowledge of any structural defects in the foundation?

Yes

No

If yes, please provide comments:

4. Walls and Floors

Does the seller have actual knowledge of any structural defects in walls or floors?

Yes

No

If yes, please provide comments:

5. Insulation

Does the seller have actual knowledge of presence of urea formaldehyde foam insulation?

Yes

No

If yes, please provide comments:

6. Windows

Does the seller have actual knowledge of any windows not in normal working order?

Yes

No

If yes, please provide comments:

7. Alterations and Repairs

Does the seller have actual knowledge of any additions, structural modifications, or other alterations or repairs made without required permits? (Permit information may be checked at https://scout.dcra.dc.gov/).

Yes

No

If yes, please provide comments:

B. Operating Condition of Property Systems

1. Heating System

Heating system is a common element maintained by condominium, cooperative, or homeowners’ association.

Type of System:

Forced Air

Radiator

Heat Pump

Electric Baseboard

Other

Heating Fuel:

Natural Gas

Electric

Oil

Other

Age of System:

0-5 years

5-10 years

10-15 years

Unknown

Does the heating system include a humidifier?

Yes

No

Unknown

Does the heating system include an electronic air filter?

Yes

No

Unknown

Does the seller have actual knowledge that heat is not supplied to any finished rooms?

Yes

No

If yes, please provide comments:

Does the seller have actual knowledge of any defects in the heating system?

Yes

No

If yes, please provide comments:

If installed, does the seller have actual knowledge of any defects with the humidifier or electronic filter?

Yes

No

No Humidifier or Electronic Filter installed

If yes, please provide comments:

2. Air Conditioning System

Air conditioning is a common element maintained by condominium, cooperative, or homeowner’s association.

No air conditioning system is installed (if you check this box, no further disclosure on the air conditioning system is required; go to section B3.)

Type of System:

Central AC

Heat Pump

Window/Wall Unit

Other

AC Fuel:

Natural Gas

Electric

Oil

Other

Age of System:

0-5 years

5-10 years

10-15 years

Unknown

Does the air conditioning system include a dehumidifier?

Yes

No

Unknown

Does the air conditioning system include an electronic air filter?

Yes

No

Unknown

If central AC, does the seller have actual knowledge that cooling is not supplied to any finished rooms?

Yes

No

If yes, please provide comments:

Does the seller have actual knowledge of any problems or defects in the cooling system?

Yes

No

If yes, please provide comments:

If installed, does the seller have actual knowledge of any defects with the dehumidifier or electronic air filter?

Yes

No

Not applicable

If yes, please provide comments:

3. Plumbing System

Plumbing system is a common element maintained by condominium, cooperative, or homeowner’s association.

Type of material:

(check all that apply)

Copper

Lead

Galvanized iron

Brass

PVC

Plastic polybutelene

Unknown

Water Supply:

Public

Well Unknown

Sewage Disposal Treatment:

Public

Septic tank

Cesspool

Onsite treatment

Water Heater Fuel:

Natural gas

Electric

Oil

Other

Does the seller have actual knowledge of any defects with the plumbing system?

qYes

q No

Does the property have basement plumbing fixtures in their unit?

qYes

q No

Does the property have an installed Backwater Valve*?

qYes

q No

*Note: A Backwater Valve may be required for certain fixtures to prevent sewer overflow (See 12 DCMR § F715)

4. Water System

Does the seller have actual knowledge of the results of any lead tests conducted on the water supply of the property?

q Yes

q No

If yes, please provide the date of the test and the test results:

Does the seller have actual knowledge that the property has been included on the DC Water service line map website (https://www.dcwater.com/leadmap, as of August 2019) as a property with a lead water service line on the private property or in public space?

q Yes

q No

If yes, please provide comments:

Does the seller have actual knowledge of any lead-bearing plumbing, including the water service line servicing the property?

Yes, there is a lead service line servicing the property

Yes, there is lead bearing plumbing on the property

No

Comments:

If there is a lead service line servicing the property, does the seller have actual knowledge that any portion of the lead water service line has been replaced? (Note: This applies to portions of the service line on private property and in public space).

q Yes

q No

q Not applicable

If yes, please provide date(s) of replacement(s):

5. Electrical System

Does the seller have actual knowledge of any defects in the electrical system, including the electrical fuses, circuit breakers, outlets, or wiring?

q Yes

q No

If yes, please provide test results:

C. Appliances and Fixtures

Does the seller have actual knowledge of any defects with the following appliances?

Range/Oven

q Yes

q No

q Not applicable

Dishwasher

q Yes

q No

q Not applicable

Refrigerator

q Yes

q No

q Not applicable

Range hood/fan

q Yes

q No

q Not applicable

Microwave oven

q Yes

q No

q Not applicable

Garbage Disposal

q Yes

q No

q Not applicable

Sump Pump

q Yes

q No

q Not applicable

Backwater Valve

q Yes

q No

q Not applicable

Trash compactor

q Yes

q No

q Not applicable

TV antenna/controls

q Yes

q No

q Not applicable

Central vacuum

q Yes

q No

q Not applicable

Ceiling fan

q Yes

q No

q Not applicable

Attic fan

q Yes

q No

q Not applicable

Sauna/Hot tub

q Yes

q No

q Not applicable

Pool heater & equip

q Yes

q No

q Not applicable

Security System

q Yes

q No

q Not applicable

Intercom System

q Yes

q No

q Not applicable

Garage door system

q Yes

q No

q Not applicable

Lawn sprinkler system

q Yes

q No

q Not applicable

Water treatment system

q Yes

q No

q Not applicable

Smoke Detectors

q Yes

q No

q Not applicable

Carbon Monoxide detectors

q Yes

q No

q Not applicable

Other Fixtures or Appliances

q Yes

q No

q Not applicable

If yes to any of the above, please describe the defects:

D. Environmental Issues

1. Drainage and Flooding

Does the seller have actual knowledge of any drainage issues, flooding, water intrusion, or water accumulation on any part of the property? This could include but is not limited to problems resulting from proximity to a nearby river or stream, stormwater/rainfall runoff, sewer backup, high ground water, or poor draining/grading.

If yes, please provide comments:

Yes

No

2. Damage to Property

Does the seller have actual knowledge of whether the property has previously been damaged by:

Fire:

Yes

No

Wind:

Yes

No

Flooding:

Yes

No

Other:

Yes

No

If yes to any, please provide comments:

3. Wood destroying insects or rodents

Does the seller have actual knowledge of any infestation or treatment for infestations?

Yes

No

If yes, please provide comments:

Does the seller have actual knowledge of any prior damage or repairs due to a previous infestation?

Yes

No

If yes, please provide comments:

4. Declaration of Covenants

Does the seller have actual knowledge of a Declaration of Covenants that requires the property owner to operate and maintain any surface or groundwater systems for draining the property or retaining stormwater on site? This may include, but is not limited to, stormwater infrastructure, land covers, bioretention systems, rain gardens, cisterns, permeable pavement, green roofs, trees, or swales.

If yes, please list the practices the site owner must operate and maintain, or attach a copy of the Declaration of Covenants.*

Yes

No

If the property has Declaration of Covenants related to stormwater management, you may send an email to sw.covenant@dc.gov to request a copy.

E. Other Issues

Does the seller have actual knowledge of any substances, materials or environmental hazards (including but not limited to asbestos, radon gas, lead-based paint, underground storage tanks, formaldehyde, contaminated soil, mold, or other contamination) on or affecting the property?

Yes

No

If yes, please provide comments:

Does the seller have actual knowledge of any zoning violations, nonconforming uses, violation of building restrictions or setback requirements, or any recorded or unrecorded easements or encroachments, except for utilities, on or affecting the property?

Yes

No

If yes, please provide comments:

Does the seller have actual knowledge that this property is a D.C. Landmark, included in a designated historic district, or is designated a historic property?

Yes

No

If yes, please provide comments:

Does the seller have actual knowledge that the property has been cited for a violation of any historic preservation law or regulation during the seller’s ownership?

Yes

No

If yes, please provide comments:

Does the seller have actual knowledge if a facade easement or a conservation easement has been placed on the property?

Yes

No

If yes, please provide comments:

Does the seller have actual knowledge that the property has received an exemption issued by the Department of Buildings for a designation as a vacant or blighted building?

Yes

No

If yes, please state the type of exemption, and when the exemption will expire:

Certification and Signature

The seller(s) certifies that the information in this statement is true and correct to the best of their knowledge as known on the date of signature.

Seller’s Signature

Date

Seller’s Signature

Date

Buyer(s) have read and acknowledge receipt of this statement and acknowledge that this statement is made based upon the seller's actual knowledge as of the above date. This disclosure is not a substitute for any inspections or warranties which the buyer(s) may wish to obtain. This disclosure is NOT a statement, representation, or warranty by any of the seller's agents or any sub-agents as to the presence or absence of any condition, defect or malfunction or as to the nature of any condition, defect or malfunction.

Buyer’s Signature

Date

Buyer’s Signature

Date

History

• SOURCE: Final Rulemaking published at 46 DCR 6966 (August 27, 1999); as amended by Final Rulemaking published at 52 DCR 6998 (July 29, 2005); as amended by Final Rulemaking published at 54 DCR 1303 (February 9, 2007); as amended by Final Rulemaking published at 67 DCR 3253 (March 20, 2020); as amended by Final Rulemaking published at 72 DCR 013205 (November 28, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2708

17 DCMR § 2709 [RESERVED]

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2710 OPPORTUNITY FOR A HEARING

2710.1 Every applicant for or holder of a license, or applicant for reinstatement after revocation or suspension, shall be afforded notice and an opportunity to be heard prior to the action of the Board, pursuant to D.C. Official Code § 47-2853.22(a), the effect of which would be as follows:

(a) To deny a license for any cause other than failure to qualify;

(b) To suspend a license;

(c) To revoke a license;

(d) To restore a license;

(e) To refuse to issue renewals by annual registration for any cause other than failure to pay the prescribed fees;

(f) To impose a civil fine or other penalty;

(g) To require a course of remediation or period of probation; or

(h) To deny an application for reinstatement.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2711 NOTICE OF CONTEMPLATED ACTION

2711.1 When the Board contemplates taking action of the type specified in § 2710.1(a) or (h) of this chapter, it shall give to the applicant a written notice containing the following statement:

(a) That the applicant has failed to satisfy the Board as to his or her qualifications to sit for examination or to be approved for licensure, as the case may be;

(b) Indicating in what respect the applicant has failed to satisfy the Board; and

(c) That a hearing before the Board has been scheduled not less than thirty (30) or more than sixty (60) days from receipt of the notice.

2711.2 When the Board contemplates taking any action of the type specified in §§ 2710(b), (c), (d), (e), (f), or (g) of this chapter, it shall give the person concerned a written notice containing the following statement:

(a) Citing the specific rule, regulation, or act violated, stating that the Board has sufficient evidence, and setting forth the nature of the same, which, if not rebutted or explained, justifies the Board taking the contemplated action; and

(b) That a hearing before the Board has been scheduled not less than thirty (30) or more than sixty (60) days from receipt of the notice.

2711.3 Written notice under § 2711.1 or § 2711.2 of this section shall be made pursuant to § 2713 of this chapter.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2712 PROCEDURES WHEN A PERSON FAILS TO RESPOND TO A HEARING NOTICE

2712.1 If the person concerned does not respond to the hearing notice within the time specified, the Board may conduct the hearing without the person concerned and take the action contemplated in the notice.

2712.2 If the action taken by the Board requires seeking injunctive relief from a Court of competent jurisdiction or involves seeking criminal penalties and fines against the person concerned the Board shall, in writing, inform the person concerned, the Corporation Counsel, and the Director, of the Board's action.

2712.3 If the action taken by the Board is a civil fine, other penalty, or fee issued under the authority of the Act and the Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et. seq.), the Board shall, in writing, inform the person concerned and the Director, of the Board's action.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2713 NOTICE OF A HEARING

2713.1 Any notice required by this chapter may be served either personally by the Director, or his or her agent, or by certified mail, return receipt requested, directed to the person concerned at his or her last known residence or business address as shown by the records of the Department of Consumer and Regulatory Affairs. Notice shall be served at least fifteen days prior to the hearing.

2713.2 If notice is served personally, it shall be considered to have been served at the time when delivery is made to the person concerned. If notice is served by certified mail, it shall be considered to have been served on the date borne upon the return receipt showing delivery of the notice to the person concerned or refusal of the person concerned to receive notice.

2713.3 If the person concerned is no longer at the last known address as shown by the records of the Department of Consumer and Regulatory Affairs and no forwarding address is available, the notice shall be considered to have been served on the date the return receipt bearing the notification is received by the Director.

2713.4 If a person scheduled for a hearing does not appear and no continuance has been or is granted, the Board shall hear the evidence of the witnesses as may have appeared, and the Board may proceed to consider the matter and render a decision on the basis of evidence before it.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2714 CONDUCT OF HEARINGS

2714.1 Every hearing authorized by § 2710 of this chapter and held before the Board or its designee shall be open to the public.

2714.2 Except when a hearing officer is designated, a majority of the members of the Board shall be present to hear the evidence and render a decision unless the Board has delegated authority to a hearing panel of three or more Board members as described in § 2714.10 of this section.

2714.3 A person entitled to a hearing shall have the right to the following:

(a) To be represented by counsel;

(b) To present all relevant evidence by means of witnesses and books, papers, and documents;

(c) To examine all opposing witnesses on any matter relevant to the issues; and

(d) To have subpoenas issued to compel the attendance of witnesses and the production of relevant books, papers, and documents upon making written request to the Board.

2714.4 In connection with any hearing held pursuant to this chapter, the Board or its designee shall have the power to do the following:

(a) To request of the Director that counsel from the Office of the Corporation Counsel be appointed to represent the District in any case before the Board;

(b) To administer oaths or affirmations, either personally or through their designated agent, to witnesses called to testify;

(c) To subpoena respondents and other witnesses and relevant books, papers, and documents;

(d) To take testimony;

(e) To examine witnesses; and

(f) To direct continuance of any case without regard to the limitation in § 2711 of this chapter.

2714.5 In proceedings before the Board, if any person refuses to respond to a subpoena or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or refuses to obey any lawful Order of the Board contained in its decision rendered after hearing, the Board may apply to the proper court for an Order requiring obedience thereto.

2714.6 In all proceedings held by the Board, the Board shall receive and consider any evidence or testimony. However, the Board may exclude incompetent, irrelevant, immaterial, or unduly repetitious evidence or testimony.

2714.7 In Board proceedings resulting from the Board's contemplated action to deny licensure, the applicant shall have the burden of satisfying the Board of his or her qualifications.

2714.8 In any Board proceeding resulting from the Board's contemplated action to refuse to renew, to suspend, or to revoke a license, or to refuse transfer or restore a license or to impose a penalty, the District shall have the burden of proving that the action should be taken.

2714.9 In all hearings conducted by the Board, a complete record shall be made of all evidence presented during the course of a hearing. Any party to the proceedings desiring it shall be furnished with a copy of the record, upon payment of the fee as the Board shall prescribe.

2714.10 The Board may delegate its authority to hold hearings and issue final decisions to a panel of three (3) or more members of the Board. Final decisions of a hearing panel shall be considered final decisions of the Board for purposes of appeal to the D.C. Court of Appeals, except that the person against whom an action is contemplated may ask for a rehearing before the full Board. If a rehearing before the full Board is requested no appeal to the D.C. Court of Appeals, as described in § 2716.3 of this chapter, shall be permitted until the full Board has issues a ruling.

2714.11 The Board may request the licensee to attend a settlement conference prior to holding a hearing, and may enter into settlement agreements and consent decrees to carry out its functions.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2715 FINDINGS AND DECISIONS

2715.1 The Board shall issue its final decision, in writing, as soon as practicable, but no later than ninety (90) days after the date the hearing is completed.

2715.2 The decision of the Board shall contain the following:

(a) Findings of fact made by the Board;

(b) Application by the Board of the Act and these Rules to the facts as found by the Board; and

(c) The decision of the Board based upon paragraphs (a) and (b) of this subsection.

2715.3 The Board's decision shall be served upon the person concerned, or his or her attorney of record, either personally or by certified mail, return receipt requested. If sent by certified mail, it shall be considered to have been served on the date contained on the return receipt, or refusal of the person concerned to receive notice or the date of the unsuccessful attempt of the postal service to make delivery.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2716 REOPENING, JUDICIAL REVIEW AND RECONSIDERATION

2716.1 If, because of accident, sickness, or other good cause, a person fails to appear for a hearing which has been scheduled, the person may, within thirty (30) days from the date of the decision of the Board, apply to the Board to reopen the proceedings; and the Board upon finding the cause sufficient, shall immediately fix a time and place for hearing and give that person, the Corporation Counsel, and the Director notice as applicable.

2716.2 The Board may reopen a proceeding for any other cause if the decision rendered by the Board has not been appealed to a court or has been decided by a court.

2716.3 A person aggrieved by an adverse decision of the Board, issued after a hearing, may seek a review of the Board's decision by the D.C. Court of Appeals. Failure to seek judicial review in the manner and within the time as the Court by rule may prescribe, shall result in the Board's decision becoming final.

2716.4 Within the time as may be fixed by rule of the reviewing Court, the Board shall certify and file with the Clerk of the Court, the record of the case, including the following:

(a) A copy of the notice of hearing and action contemplated by the Board;

(b) A complete transcript of the testimony taken at the hearing;

(c) Copies of all pertinent documents and other written evidence introduced at the hearings; and

(d) A copy of the Board's written decision.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2717 SUSPENSION OF LICENSE THROUGH AFFILIATION

2717.1 When a real estate broker's license is suspended or revoked, all real estate salespersons employed by that real estate broker shall mail their licenses to the Board within fifteen (15) days of the revocation or suspension.

2717.2 When a real estate salesperson either is discharged by a real estate broker or terminates his or her employment under a real estate broker both the real estate salesperson and the real estate broker shall notify the Board within fifteen (15) days. Within fifteen (15) days of the discharge or termination, the real estate broker shall notify the real estate salesperson that his or her license has been mailed to the Board.

2717.3 A real estate salesperson shall not perform any of the acts permitted within the scope of a real estate salesperson license until becoming reemployed with a real estate broker and a license has been reissued by the Board.

2717.4 In the event of a revocation or suspension of a real estate broker license issued to a firm, franchise, partnership, association, or corporation, the license issued to the principal real estate broker, or any member of a partnership or director or officer of an association or corporation, shall be summarily revoked or suspended by the Board unless:

(a) In a partnership, the connection with the member whose license has been suspended or revoked is severed within the time prescribed and that partner's activities with the partnership are terminated; or

(b) In an association or corporation, the director whose license has been suspended or revoked is discharged and has no further participation in association or corporate activities.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005).

17 DCMR § 2799 DEFINITIONS

2799.1 The provisions of 17 DCMR § 2699 and the definitions set forth in that section shall be incorporated by reference in this section.

2799.2 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Garage door systems – the interconnected components that operate the garage door, including the spring and track system and the garage door opener.

Plumbing fixture – the piece that is connected to plumbing system that allows for the carrying or drainage of water through a building.

Sewer backup – an occurrence when wastewater and sewage flow back into a home through drains, faucets, and toilets, instead of draining away from it, which can happen if there is a blockage in the sewer pipes or heavy rains that fill up the sewer system beyond capacity.

History

• SOURCE: Final Rulemaking published at 52 DCR 6998 (July 29, 2005); as amended by Final Rulemaking published at 72 DCR 013205 (November 28, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2799

17-28 VETERINARIANS

17 DCMR § 2800 GENERAL PROVISIONS

2800.1 This chapter applies to persons authorized to practice veterinary medicine and persons applying for or holding a license to practice veterinary medicine.

2800.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), 112 (Veterinary Technicians), and 111 (Veterinary Euthanasia Technicians) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2800

17 DCMR § 2801 TERM OF LICENSE

2801.1 Subject to § 2801.2, a license issued pursuant to this chapter shall expire at 12:00 Midnight of December 31st of each odd-numbered year.

2801.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 Midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2801

17 DCMR § 2802 EDUCATIONAL REQUIREMENTS

2802.1 An applicant for veterinary license shall furnish proof satisfactory to the Board that the applicant has successfully completed an educational program in the practice of veterinary medicine at an institution accredited by the American Veterinary Medical Association (AVMA) at the time the applicant graduated.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2802

17 DCMR § 2803 LICENSURE BY ENDORSEMENT

2803.1 A person licensed to practice veterinary medicine in another state or jurisdiction of the United States, for at least the twelve (12) months preceding the application date, may qualify for licensure by endorsement in the District if the person meets the educational requirement under § 2802.1 and has taken and passed the North American Veterinary Licensing Examination (NAVLE) or an equivalent examination administered by the National Board of Veterinary Medical Examiners (NBVME) or its successor organization.

2803.2 A person licensed in another state or jurisdiction of the United States may not be qualified for initial licensure, reinstatement, or renewal of licensure to practice in the District if any veterinary license(s) he or she holds, or has ever held, in another state or jurisdiction is revoked or suspended or otherwise not in good standing as determined by the Board, until such time as the veterinary license(s) in another state or jurisdiction is restored to good standing in the jurisdiction where the disciplinary action(s) took place. The determination of qualification under this section shall be at the discretion of the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2228 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2803

17 DCMR § 2804 LICENSURE BY EXAMINATION

2804.1 To qualify for a license by examination, an applicant shall:

(a) Meet the education requirements set forth under § 2802.1 of this chapter; and

(b) Receive a passing score on the North American Veterinary Licensing Examination (NAVLE) or an equivalent examination administered by the National Board of Veterinary Medical Examiners (NBVME) or its successor organization.

2804.2 The passing scores on NAVLE shall be a passing score as determined by NBVME, the testing agency.

2804.3 An applicant who has achieved a passing score as described in § 2804.2 above seven (7) or more years prior to the date of filing of the application for licensure and who does not currently hold a valid and active license to practice veterinary medicine in any U.S. jurisdiction may be required to complete four hundred (400) hours of externship or mentorship meeting the Board’s approval and sixty (60) hours of continuing education meeting the requirements of § 2808.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2230 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2804

17 DCMR § 2805 APPLICANTS WITH A FOREIGN DEGREE NOT ACCREDITED BY THE AMERICAN VETERINARY MEDICAL ASSOCIATION (AVMA)

2805.1 An applicant who is a graduate of a foreign veterinary medical program not accredited by the AVMA shall submit with the application:

(a) Verification that the applicant possesses professional competence equivalent to graduates of an AVMA-accredited veterinary program, based on one of the following:

(1) Certification issued by the Educational Commission for Foreign Veterinarian Graduates (ECFVG); or

(2) Certificate issued by the Program for the Assessment of Veterinary Education Equivalence (PAVE); and

(b) Evidence satisfactory to the Board of the applicant's competency in the English language.

2805.2 An applicant under this section who submits documentation not in English shall provide an English translation, prepared by and certified to be correct by a government official, veterinarian school official, or other translator acceptable to the Board. The translation shall be signed and dated by the person who prepares it, and shall be on official stationery of the preparer.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2230 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2805

17 DCMR § 2806 KNOWLEDGE OF THE DISTRICT OF COLUMBIA VETERINARY JURISPRUDENCE

2806.1 An applicant for an initial license shall demonstrate to the Board’s satisfaction that he or she possesses competent knowledge and understanding of the laws and rules pertaining to veterinary practice in the District. The Board may adopt or implement a District of Columbia Veterinary Jurisprudence Examination or other methods such as mandatory educational sessions.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2230 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2806

17 DCMR § 2807 CONTINUING EDUCATION REQUIREMENTS

2807.1 This section applies to applicants for the renewal, reactivation, or reinstatement of a license, subject to §§ 2807.2, 2811, and 2812. This section does not apply to applicants for an initial license by examination or endorsement, nor does it apply to applicants for the first renewal of a license.

2807.2 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 2808.

2807.3 To be eligible for renewal, an applicant shall have completed, during the two (2)-year period preceding the license expiration, thirty-six (36) hours of approved continuing education, which shall include two (2) hours of LGBTQ continuing education, provided further that ten percent (10%) of the total required continuing education is in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

2807.4 A person seeking to prove completion of the required continuing education credits shall submit the following documentation with respect to each program or activity:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification of completion by the sponsor’s signature or stamp; or

(f) Other comparable proof satisfactory to the Board.

2807.5 A person seeking to prove completion of the required continuing education or obtain continuing education credits for any program or activity shall bear the burden of providing satisfactory proof of completion or establishing that the program or activity merits an approval in accordance with § 2808.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2230 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2807

17 DCMR § 2808 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

2808.1 The Board may approve continuing education programs or activities that:

(a) Contribute to the maintenance or growth of professional competence in the practice of veterinary medicine;

(b) Serve to maintain, develop, or increase the knowledge, skills, and professional performance and relationships that veterinary medical professionals (including veterinarians, veterinary technicians, and veterinary clinical support staff) use to provide services for patients, the public, or the profession; and

(c) Are current in their subject matter and have been developed and taught/conducted by qualified individuals.

2808.2 Programs sponsored by the following organizations shall be deemed approved for continuing education credits:

(a) Continuing veterinary educational programs given by a College of Veterinary Medicine approved by the American Veterinary Medical Association (AVMA);

(b) Lectures and scheduled courses or meetings approved by the AVMA;

(c) Activities and programs approved by the American Association of Veterinary State Boards (AAVSB)’s Registry of Approved Continuing Education (RACE) program; or

(d) Continuing educational programs given or arranged by the District of Columbia Veterinary Medical Association (DCVMA), the District of Columbia Academy of Veterinary Medicine (DCAVM), or the Board.

2808.3 The Board may approve the following types of continuing education programs, if consistent with the requirements of § 2808.1:

(a) An undergraduate or graduate course given at an accredited college or university;

(b) A seminar or workshop; or

(c) An educational program given at a conference or convention.

2808.4 A sponsor of a program other than those enumerated in § 2808.2 may seek the Board’s approval for the program if:

(a) The program meets the requirements of § 2808.1; and

(b) The sponsor submits the program information for the Board’s review no less than sixty (60) days prior to the date of the presentation.

2808.5 The Board may grant continuing education credits for the following activities:

(a) Serving as an author of a peer-reviewed self-study article or series;

(b) Serving as an instructor or speaker at a conference program or an academic course;

(c) Serving as an instructor at a peer-reviewed or non-peer-reviewed seminar, workshop, or in-service training, whether in-person or web-based;

(d) Serving as supervisor for a person authorized to practice pursuant to §§ 2818.1(c) or (d);

(e) Serving as a clinical instructor for students of veterinary medicine or students of any other health occupation where relevant to veterinary medicine;

(f) Authoring or editing a published book, a published chapter in a book, or a published article in a professional journal or other nationally recognized publication; or

(g) Participating in published research as a principal investigator or research assistant.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2231 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2808

17 DCMR § 2809 CONTINUING EDUCATION CREDITS

2809.1 One credit hour of approved continuing education consists of a minimum of fifty (50) minutes of learning time.

2809.2 The Board may grant a requestor seeking credits for completion of a graduate course in accordance with § 2808.3(a) up to fifteen (15) hours of continuing education for each semester hour of credit or ten (10) hours of continuing education for each quarter hour of credit.

2809.3 The Board may grant a maximum of eighteen (18) hours of continuing education per year to a requestor who attended a full-time post-graduate education program.

2809.4 The Board may grant credit to a requestor who served as an instructor or speaker at an approved program pursuant to § 2808.5(b) or (c) for both preparation and presentation time, subject to the following restrictions:

(a) The maximum amount of credit which may be granted for preparation time is twice the amount of the associated presentation time;

(b) The maximum amount of credit which may be granted pursuant to this subsection is fifty percent (50%) of the requestor’s total continuing education requirement;

(c) The presentation shall have been completed during the period for which credit is claimed; and

(d) If a requestor has previously received credit in connection with a particular presentation, the Board shall not grant credit in connection with a subsequent presentation unless it involves either a different or a substantially modified program.

2809.5 The Board may grant up to thirty-six (36) hours of continuing education credit to a requestor who is an author or editor of a published book if the book has been published or accepted for publication during the period for which credit is claimed, and the requestor submits satisfactory proof of its publication.

2809.6 The Board may grant up to nine (9) hours of continuing education credit to a requestor who is an author of an original or review paper published in a peer-reviewed publication or journal if the paper has been published or accepted for publication during the period for which credit is claimed, and the requestor submits satisfactory proof of its publication.

2809.7 The Board may grant up to two (2) hours of continuing education credit to a requestor who is the sole author of a published book review or abstract if the book review has been published or accepted for publication during the period for which credit is claimed, and the requestor submits satisfactory proof of its publication.

2809.8 The Board may grant up to two (2) hours of continuing education credit to a requestor who participated as a peer reviewer for a peer-review publication or journal.

2809.9 The Board may grant up to eight (8) hours of continuing education credit to a licensee who provides clinical instruction for students of veterinary medicine or students of any other health occupation as described in § 2808.5(e).

2809.10 The Board may grant one (1) hour of continuing education credit to a licensee who provides twenty (20) hours of mentorship and supervision to an applicant or intending applicant as authorized under §§ 2818.1(c) or (d), provided, however, that the maximum credits granted shall not exceed eighteen (18) hours or half of the licensee’s required continuing education. The requestor shall be required to provide sufficient proof of such supervision.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2232 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2809

17 DCMR § 2810 CONTINUING EDUCATION AUDIT

2810.1 The Board may, as it deems appropriate, conduct an audit of active licensees to determine compliance with the continuing education requirements.

2810.2 Upon notification by the Board that a licensee has been selected for an audit, the licensee shall submit proof of his or her compliance with the continuing education requirements in accordance with § 2807.5 within thirty (30) days of receipt of the notice.

2810.3 A licensee who fails to provide proof of continuing education compliance during an audit may be subject to another audit in the subsequent licensure term.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2232 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2810

17 DCMR § 2811 REACTIVATION

2811.1 The requirements of this section shall apply to licensees under this chapter who have been in inactive status and seeks reactivation of their license in accordance with § 511 of the Act, D.C. Official Code § 3-1205.11.

2811.2 To qualify for reactivation of a license, an applicant whose license has been inactive five (5) years or less and does not hold an active veterinary license in any other jurisdiction shall have completed, for each year that the applicant was not licensed, eighteen (18) hours of continuing education in compliance with §§ 2807 and 2808, which shall include two (2) hours of LGBTQ continuing education, and ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

2811.3 To qualify for reactivation of a license, an applicant whose license has been inactive for more than 5 (five) years and who does not hold an active veterinary license in any other jurisdiction shall have completed the following:

(a) Ninety (90) hours of continuing education in compliance with §§ 2807 and 2808, including two (2) hours LGBTQ continuing education, provided further that thirty-six (36) hours of the required continuing education shall have been completed within two (2) years prior to the date the application is submitted and ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate; and

(b) Four hundred (400) hours of supervised and mentored practice under the supervision of a licensed veterinarian within the three (3) months prior to the date the application is submitted.

2811.4 An applicant for reactivation of a veterinary license who holds and has maintained an active license in any other jurisdiction shall not be required to submit proof of continuing education with the application.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2232 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2811

17 DCMR § 2812 REINSTATEMENT

2812.1 The requirements of this section shall apply to persons with an expired license who seek reinstatement within five (5) years in accordance with § 512(a) of the Act, D.C. Official Code § 3-1205.12(a).

2812.2 A person may not seek reinstatement of his or her license issued under this section more than five (5) years after its expiration.

2812.3 An applicant who seeks reinstatement of his or her license within twelve (12) months after the expiration of the license shall submit proof of having completed the continuing education required pursuant to § 2807.3.

2812.4 An applicant who seeks reinstatement of his or her license more than twelve (12) months after the expiration of the license and who holds an active license in any other jurisdiction shall submit proof of having completed, for each year that the applicant was not licensed in the District, eighteen (18) hours of continuing education in compliance with §§ 2807 and 2808; two (2) of the total hours required shall be LGBTQ continuing education and ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

2812.5 An applicant who seeks reinstatement of his or her license more than twelve (12) months after the expiration of the license and who does not hold an active license in any jurisdiction shall submit proof of having completed the following:

(a) Eighteen (18) hours of continuing education in compliance with § 2812.4 for each year that the applicant was not licensed, up to a maximum of ninety (90) hours; two (2) of the total hours required shall be LGBTQ continuing education. Thirty-six (36) hours shall have been completed within two (2) years prior to the date the application is submitted and ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate; and

(b) Four hundred (400) hours of supervised and mentored practice under the supervision of a licensed veterinarian within the three (3) months prior to the date the application is submitted.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2234 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2812

17 DCMR § 2813 STANDARDS OF CONDUCT

2813.1 A veterinarian shall adhere to and uphold the Veterinarian’s Oath and the Principles of Veterinary Medical Ethics as adopted by the American Veterinary Medical Association (AVMA).

2813.2 A veterinarian shall observe the Model Infection Control Plan for Veterinary Practices and the Compendium of Veterinary Standard Precautions for Zoonotic Disease Prevention in Veterinary Personnel as developed by the National Association of State Public Health Veterinarians (NASPHV) Veterinary Infection Control Committee (VICC).

2813.3 A veterinarian owning, managing, or acting as a veterinary medical director of a veterinary facility in the District shall comply with the relevant rules and requirements promulgated in accordance with D.C. Official Code § 47-2888.08.

2813.4 A veterinarian shall perform all professional practice in the District under the full name in which his or her license was issued. This shall mean displaying the full name in which his or her license was issued on all signage, stationary, and advertisements; and using this name in all oral and written communications with the public or clients.

2813.5 A veterinarian shall not accept or perform professional responsibilities which the veterinarian knows or has reason to know that he or she is not competent to perform.

2813.6 A veterinarian shall keep his or her knowledge of veterinary medicine and skills current while he or she is engaging in clinical practice of veterinary medicine.

2813.7 A veterinarian shall provide competent and timely delivery of veterinary care.

2813.8 A veterinarian shall not abandon or neglect a patient under and in need of immediate professional care, without making reasonable recommendations for the continuation of such care.

2813.9 A veterinarian shall inform the client of the proposed treatment, and any reasonable alternatives, in a manner that allows the client to become involved in treatment decisions.

2813.10 A veterinarian shall respect the client’s right to treatment decision and treat the patient according to the client’s desires within the bounds of accepted treatments.

2813.11 A veterinarian shall maintain a record for each patient which shall:

(a) Accurately reflect the evaluation and treatment of the patient and which may include, but is not limited to, the following:

(1) Patient’s name and the date of treatment;

(2) Records of appropriate physical examination and findings;

(3) Treatment plan;

(4) Informed consent document(s);

(5) Clinical Findings, diagnosis and treatment rendered;

(6) List of drugs or vaccine(s) prescribed, administered, dispensed and the quantity;

(7) Radiographs;

(8) Patient financial/billing records;

(9) Name of veterinarian, veterinary technician and/or other auxiliaries providing service(s); and

(10) Laboratory test results; and

(b) Be kept for three (3) years after last seeing the patient.

2813.12 Upon request of a client or a representative of a client, a veterinarian shall make available to the client or the client’s representative a copy of the patient’s record in accordance with the following:

(a) A veterinarian shall provide a copy of the patient’s record within thirty (30) days of the request; and

(b) A veterinarian may charge a reasonable fee for duplicating records and the fee may be required prior to providing the records in non-emergency situations, but a veterinarian shall not refuse to provide the records on the basis of the client owing payment for veterinary services.

2813.13 A veterinarian shall protect the confidentiality of patient records and maintain patient records in a manner consistent with the protection of the welfare of the patient and the client and all applicable District of Columbia and federal laws.

2813.14 A veterinarian shall promptly provide patient records and all necessary information to another veterinarian who has been given clear authorization or consent by a client to obtain patient records and information.

2813.15 A veterinarian shall make every effort to refrain from harming the patient.

2813.16 Once a veterinarian has undertaken a course of treatment to provide services to a patient, the veterinarian shall not discontinue that treatment without first giving the client adequate notice and the opportunity to obtain the services of another veterinarian and ensuring that the patient’s health will not be jeopardized in the process.

2813.17 A veterinarian shall make reasonable arrangements for the emergency care of his or her patients of record.

2813.18 A veterinarian shall know his or her own limitations and shall, whenever it would be in the patient’s best interest, seek consultation with a specialist or refer a patient to a specialist.

2813.19 A veterinarian shall conduct himself or herself in a professional manner.

2813.20 A veterinarian shall not willfully harass, abuse, or intimidate a patient or client either physically or verbally.

2813.21 When informing the client of the status of the patient’s health, a veterinarian shall make comments that are truthful, informed and justifiable.

2813.22 A veterinarian shall not represent the care being rendered, or that is needed, to a client in a false or misleading manner.

2813.23 A veterinarian shall inform the client of the patient’s present health status without making disparaging comments about prior service(s) or prior veterinarian(s).

2813.24 A veterinarian who sees a patient as a consulting specialist or is providing a second opinion shall, upon the completion of the consultation, treatment, or care:

(a) Return the patient, unless the client expressly reveals a different preference, to the referring veterinarian or, if none, to the veterinarian of record for future care; and

(b) Inform the client when there is a need for further veterinary medical care.

2813.25 A veterinarian who is called upon to render a second opinion regarding a diagnosis or treatment plan recommended by a patient’s treating veterinarian shall not have a vested interest in that recommendation.

2813.26 A veterinarian shall, when consulted in an emergency about a patient with whom he does not have an established veterinary-patient-client relationship, make reasonable arrangements for its emergency care. If treatment is provided, the veterinarian, upon completion of treatment, shall return the patient to its regular veterinarian unless the client expressly reveals a different preference.

2813.27 A veterinarian shall prescribe and supervise the patient care provided by all auxiliary personnel working under his or her direction and shall retain full professional responsibility for all care provided by the supervised auxiliary.

2813.28 A veterinarian shall not practice veterinary medicine while abusing or using controlled substances, alcohol, or any other chemical agents, which impair the ability to practice.

2813.29 A veterinarian shall urge chemically impaired colleagues to seek treatment, if possible.

2813.30 A veterinarian with first-hand knowledge that a colleague is practicing veterinary medicine when impaired by controlled substances, alcohol, or any other chemical agents shall report such evidence to the Board or the AVMA.

2813.31 A veterinarian shall report to the Board known instances of gross or continual faulty treatment by other veterinarians.

2813.32 A veterinarian or auxiliary who contracts any disease, has a mental or physical impairment which affects his or her ability to safely practice, or becomes impaired in any way that might endanger patients or veterinary staff shall, with consultation and advice from a qualified physician or other authority, limit the activities of his or her practice to those areas that do not endanger patients or veterinary staff.

2813.33 A veterinarian who has been advised to limit the activities of his or her veterinary practice shall monitor the disease or impairment and make additional limitations to the activities of his or her veterinary practice as indicated.

2813.34 A veterinarian shall not engage in interpersonal relationships with clients that could impair his or her professional judgment or risk the possibility of exploiting the confidence placed in him or her by a client.

2813.35 A veterinarian shall make the results and benefits of his or her research and development investigative efforts available to all when such are useful in safeguarding or promoting the health of the public, except when federal or District law or regulation provides otherwise.

2813.36 A veterinarian shall not use patents or copyrights to restrict research or practice, except as permitted by federal or District law or regulation.

2813.37 A veterinarian shall become familiar with the signs of abuse and neglect and report suspected cases of animal abuse to the proper authorities consistent with District of Columbia laws.

2813.38 While a veterinarian, in serving the public, may exercise reasonable discretion in selecting patients for his or her practices, a veterinarian shall not refuse to accept patients into his or her practice or deny veterinary service to patients because of the client’s race, creed, color, sex, national origin, or sexual preference.

2813.39 A veterinarian shall not refuse to provide treatment to an animal based solely on the fact that the animal’s owner or authorized caregiver is infected with Human Immunodeficiency Virus, Hepatitis B Virus, Hepatitis C Virus, or another bloodborne pathogen.

2813.40 A veterinarian issuing a public statement with respect to the profession shall believe as well as have a reasonable basis to believe that the comments made are true.

2813.41 A veterinarian may provide expert testimony when that testimony is essential to a just and fair disposition of a judicial or administrative action.

2813.42 A veterinarian shall not agree to a fee contingent upon the favorable outcome of the litigation in exchange for testifying as a veterinary expert.

2813.43 A veterinarian shall not accept or tender rebates or split fees.

2813.44 A veterinarian shall not represent that veterinary treatment or diagnostic techniques recommended or performed by the veterinarian him/herself have the capacity to diagnose, cure or alleviate diseases, infections or other conditions, when such representations are not based upon accepted scientific knowledge or research.

2813.45 A veterinarian shall not represent the fees being charged for providing care in a false or misleading manner.

2813.46 A veterinarian may not charge additional fees if a client requests a written prescription where the prescription is determined to be necessary as part of the examination and diagnosis.

2813.47 A veterinarian may not conspire with any person or another veterinarian to charge the same or similar fees for services. This section does not apply to an agreement among veterinarians practicing together in the same veterinary facility or practice to charge the same fees for services provided within that facility or practice.

2813.48 A veterinarian shall not misrepresent treatment dates for the purpose of assisting a client in obtaining benefits under an insurance plan where such benefits would otherwise be disallowed.

2813.49 A veterinarian shall not recommend or perform unnecessary veterinary services or procedures.

2813.50 A veterinarian who presents educational or scientific information in an article, seminar or other program shall disclose to the readers or participants any monetary or other special interest the veterinarian may have with a company whose products are promoted or endorsed in the presentation. Disclosure shall be made in any promotional material and in the presentation itself.

2813.51 A veterinarian shall not induce a client to purchase products or undergo procedures by misrepresenting the product’s value, the necessity of the procedure or the veterinarian’s own professional expertise in recommending the product or procedure.

2813.52 A veterinarian shall not direct or in any manner permit an auxiliary under his or her employ to promote, market, or sell products or procedures to a client and thereby exploit the trust inherent in the veterinary-patient-client relationship for his or her own financial gain.

2813.53 In the case of a health-related product used or recommended by a veterinarian, it is not enough for the veterinarian to rely on the manufacturer’s or distributor’s representations about the product’s safety and efficacy. The veterinarian shall inquire into the truth and accuracy of such claims and verify that they are founded on accepted scientific knowledge or research.

2813.54 A veterinarian shall disclose to his or her client all relevant information the client needs to make an informed purchase decision, including whether the product is available elsewhere and whether there are any financial incentives for the veterinarian to recommend the product that would not be evident to the client.

2813.55 A veterinarian shall not advertise or solicit patients or clients in any form of communication in a manner that is false or misleading in any material respect.

2813.56 A general veterinarian who wishes to market the services available in his or her practice may market the availability of those services but shall not express or imply specialization, except as provided in § 2816.2(j).

2813.57 A veterinarian shall not announce available services in any way that would be false or misleading in any material respect.

2813.58 Whenever an entire veterinary practice or office moves to a new location or ceases operation, the owner or responsible veterinarian shall, within thirty (30) days after the change or closing, notify the clients of the change of address or closing and how they may obtain copies of their complete veterinary files by any of the following means:

(a) U.S. Mail;

(b) Notices posted conspicuously on the door of the office that is closing for at least thirty (30) consecutive days;

(c) Recorded message on the office number activated for at least thirty (30) consecutive days;

(d) Electronic mail or posting at the practice’s website; or

(e) A means best calculated to reach and notify the clients of the practice.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2234 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2813

17 DCMR § 2814 VETERINARY-CLIENT-PATIENT RELATIONSHIP (VCPR)

2814.1 A valid veterinarian-client-patient relationship is one in which:

(a) The veterinarian has assumed the responsibility for making medical judgments regarding the health of the patient and the client has agreed to follow the veterinarian’s instructions;

(b) The veterinarian has sufficient knowledge of the patient to initiate at least a general or preliminary diagnosis of the medical condition of the patient. This means that the veterinarian is personally acquainted with the keeping and care of the patient by virtue of:

(1) A timely examination of the patient by the veterinarian, or

(2) Medically appropriate and timely visits by the veterinarian to the operation where the patient is managed;

(c) The veterinarian is readily available for follow-up evaluation in case of an adverse drug reaction or failure of therapy or has arranged for the following:

(1) Veterinary emergency coverage, and

(2) Continuing care and treatment;

(d) The veterinarian provides oversight of treatment and outcome; and

(e) Patient records are maintained.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2236 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2814

17 DCMR § 2815 MANAGEMENT, STORAGE, INVENTORY AND USE OF DRUGS

2815.1 A veterinarian shall prescribe, administer, or dispense drugs only for use on animals within the scope of the veterinarian's professional practice. A veterinarian shall not prescribe drugs for use by humans.

2815.2 A veterinarian shall prescribe drugs only by a written prescription or on oral prescription to a pharmacist as authorized by, and in compliance with, applicable District and federal laws and regulations.

2815.3 Drugs may be administered only by a veterinarian or a veterinary auxiliary properly trained by a veterinarian in the manner of such administration of drugs and under the supervision of a veterinarian.

2815.4 All drugs shall be dispensed by a veterinarian or by a veterinary auxiliary pursuant to a prescription of a veterinarian. A veterinarian shall thoroughly inspect the prepared prescription and verify its accuracy in all respects.

2815.5 All drugs dispensed by a veterinarian shall be labeled with the following information:

(a) The name, address, and telephone number of the veterinary facility or the veterinarian in the case of a mobile or house-call practice;

(b) The name and strength of the drug;

(c) The name of the client and the patient’s identification;

(d) The date dispensed;

(e) Directions for use;

(f) The expiration date of the drug, where applicable; and

(g) The name of the prescribing veterinarian.

2815.6 All drugs dispensed by a veterinarian shall be in air-tight and light-resistant containers. All drugs dispensed by a veterinarian shall be in approved safety closure containers, unless the client expressly requests that the medication not be provided in such containers.

2815.7 A veterinarian shall keep an account of all drugs prescribed, administered, or dispensed in the client record.

2815.8 A veterinarian shall keep controlled substances records separate from the client's other records and shall maintain them in chronological order for the administration, dispensing, or application of all Schedule II, III, IV and V drugs listed as part of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29, D.C. Official Code §§ 48-902.01 et seq.). This record shall include the following:

(a) The date of transaction;

(b) The name of the drug and the amount dispensed or administered;

(c) The name of the client and the patient, including the patient’s weight or estimated weight and species;

(d) The name of the person administering, dispensing, or selling the drug; and

(e) The balance of the remaining drug after each dispensing or administration.

2815.9 A veterinarian shall maintain invoices for all Schedule II, III, IV, and V drugs received on the premises where the stock of drugs is held, and shall keep invoices for Schedule II drugs separate from Schedule III, IV, V, and other records. All records shall be maintained for a period of at least three (3) years from the date of a transaction or as required by the applicable laws and regulations.

2815.10 Drugs shall be stored in the following manner:

(a) Under conditions specified on the label of the original container, or as specified in the official veterinary medicine compendium;

(b) In accordance with applicable District and federal laws and regulations; and

(c) Under secure conditions so as to prevent theft or diversion.

2815.11 Drug storage areas shall be secure and temperature-controlled and shall be kept clean and orderly.

2815.12 A veterinarian shall review the stock of drugs and biologicals at reasonable intervals to remove expired drugs or biologicals.

2815.13 A veterinarian shall dispose of unused or expired drugs and pharmaceuticals in a manner permitted or required by the applicable District and federal laws and regulations. A veterinarian or veterinary facility shall be subject to the safe disposal of unused pharmaceuticals requirements of 22-B DCMR §§ 500-599.

2815.14 A veterinarian shall take an inventory of all Schedule II, III, IV, and V drugs under the veterinarian's control every two (2) years and shall date and sign the inventory. The inventory shall indicate if it was made at the opening or closing of business and shall be kept on the premises where the drugs are stocked for at least three (3) years from the date of the inventory or as required by the applicable laws and regulations.

2815.15 A veterinarian shall keep Schedule II controlled substances in a locked area and make reasonable efforts to ensure that no unauthorized access occurs.

2815.16 A veterinarian shall immediately report the theft or unusual loss of Schedule II, III, IV or V controlled substances to the Department and the United States Drug Enforcement Administration.

2815.17 A veterinarian may permit a certified veterinary technician or euthanasia technician to access, log, or administer controlled substances provided that the veterinarian fully documents such delegation and establishes clear policies and procedures to prevent misuse or diversion.

2815.18 To provide, prescribe, administer, or dispense opioids and other controlled substances for their patients, a veterinarian shall have a valid DC Controlled Substance Registration and DEA registration, establish a veterinarian-client-patient relationship (VCPR), and comply with all DEA, federal, and District laws and regulations and shall document a discussion with the client about the known risks and benefits of drugs, the responsibility for the security of the drug and proper disposal of any unused drug.

2815.19 A veterinarian shall give consideration to nonpharmacological and non-opioid treatment prior to treatment with an opioid or other controlled substance.

2815.20 A veterinarian seeking to provide continued prescription of a controlled substance shall evaluate the patient at least every three (3) months and document such prescribing in the patient record.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2237 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2815

17 DCMR § 2816 ADVERTISING

2816.1 A veterinarian may not, on behalf of himself or herself, his or her partner, or his or her associate, or for any other veterinarian affiliated with him or her, use or participate in the use of any form of public communication, which contains a deceptive or misleading statement or claim. When engaged in advertisement, a veterinarian shall strive to provide accurate and truthful information in a fair and balanced manner.

2816.2 For purposes of this section, deceptive or misleading statements or claims are those that:

(a) Contain a material misrepresentation of fact;

(b) Fail to state any fact necessary to make the statement not misleading;

(c) Are intended or are likely to create unjustified expectations;

(d) State or imply superior service;

(e) Contain a representation or implication that is likely to cause an ordinary prudent person to misunderstand or to be deceived, or that fails to contain reasonable warnings or disclaimers necessary to make a representation or implication not deceptive;

(f) Contain statistical data or other information based on past performance coupled with an explicit representation that the data or information indicates a likelihood of future success;

(g) Contain or imply any guarantee of satisfaction, except the guarantee to return a fee if the patient is not satisfied with the treatment rendered;

(h) Falsely state or imply that a veterinarian is a certified or recognized specialist recognized by the American Veterinary Medical Association (AVMA);

(i) Claims to be a specialist or uses any of the terms to designate a veterinary medical specialty unless he or she is entitled to such specialty designation as a diplomate of a recognized specialty certification board; or

(j) State or imply that a veterinarian practices in an area of veterinary medical specialty unless the veterinarian:

(1) Is recognized by the Board as a specialist in the area advertised;

(2) Includes in the advertisement a disclaimer that the veterinarian is not recognized by the Board as a specialist in the area of practice advertised; or

(3) Includes in the advertisement a statement that the veterinarian is a general veterinarian.

2816.3 A statement regarding fees shall be considered deceptive or misleading if the veterinarian:

(a) Renders the service at more than the fees advertised; or

(b) Fails to offer the service at the fee advertised for a reasonable period of time following the advertisement unless a specific time limit is included in the original advertisement.

2816.4 A veterinarian shall have the duty to take all reasonable efforts to prevent and correct false or misleading advertisement generated by his or her employees or any institution or entity which uses his or her services.

2816.5 A veterinarian shall:

(a) Retain a copy of all advertising, in the form in which it was published, for a period of three (3) years from the date of publication or transmission; and

(b) Make the copy available for inspection and copying when requested by the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2237 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2816

17 DCMR § 2817 DELEGATION OF DUTIES AND SUPERVISION OF VETERINARY TECHNICIANS AND OTHER CLINICAL SUPPORT STAFF

2817.1 A veterinarian may delegate the care of a patient to an auxiliary or clinical support staff only when, in the veterinarian’s competent professional judgment, such delegation is appropriate and legally permissible and the auxiliary or clinical support staff person is qualified to perform the duties.

2817.2 The supervising veterinarian shall remain fully responsible and liable for all delegated functions and duties and all related actions performed by the auxiliary or clinical support staff.

2817.3 A veterinarian may delegate duties, functions, or care of patients to a veterinary technician in accordance with §§ 11208 and 11209 of Chapter 112 (Veterinary Technicians) of this title.

2817.4 A veterinarian may delegate some functions and duties to clinical support staff other than a veterinary technician in accordance with § 11210 of Chapter 112 (Veterinary Technicians) of this title.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2237 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2817

17 DCMR § 2818 AUTHORIZATION TO PRACTICE VETERINARY MEDICINE WITHOUT A LICENSE

2818.1 The following persons may be issued a temporary authorization to practice veterinary medicine without a license:

(a) A student enrolled in an accredited veterinary medical program who engages in the practice of veterinary medicine under supervision and in accordance with D.C. Official Code § 3-1201.03(c);

(b) An applicant who has filed an initial application and is awaiting action on that initial application in accordance with D.C. Official Code § 3-1201.03(e);

(c) A person seeking to complete four hundred (400) hours of mentorship and supervision to qualify for licensure in accordance with § 2804.3; or

(d) A person seeking to complete four hundred (400) hours of mentorship and supervision to qualify for reactivation or reinstatement of a license in accordance with § 2811.3(b) or 2812.5(b).

2818.2 An authorization to practice veterinary medicine pursuant to this section shall not exceed ninety (90) days.

2818.3 A person may be authorized to practice under this section only under supervision of a licensed veterinarian in good standing.

2818.4 Practice of veterinary medicine permitted in accordance with § 2818.1(c) or (d) may not begin until the Board has issued the authorization for such practice based on its review of the proposed practice and the scope of the intended supervision, as well as mentorship if applicable.

2818.5 Practice authorized under this section shall cease immediately upon the termination of the supervision or mentorship by either the supervisor or the supervisee.

2818.6 The veterinarian supervising person(s) in accordance with § 2818.1(c) or (d) shall inform the Board immediately when the supervision or mentorship authorized under this section is terminated.

2818.7 A person authorized to practice under this section shall not in any way represent himself or herself or allow himself or herself to be represented to the public or patients as a licensed veterinarian.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2237 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2818

17 DCMR § 2819 TEMPORARY LICENSES

2819.1 The Board may issue temporary licenses in accordance with § 4007 of this title.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2238 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2819

17 DCMR § 2899 DEFINITIONS

2899.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act – The District of Columbia Health Occupation Revision Act of 1985 (“Act”), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq.)).

Animal – any living organism, except humans, having sensation and the power of voluntary movement and requiring for its existence oxygen and organic materials.

Auxiliary – a person who may perform veterinary supportive procedures authorized by District of Columbia law or regulations under the specified supervision of a licensed veterinarian, which may include but is not limited to a veterinary technician, a veterinary euthanasia technician, or a veterinary assistant.

Bloodborne pathogen – pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV) and human immunodeficiency virus (HIV).

Board – the Board of Veterinary Medicine, established by § 221 of the Act (D.C. Official Code § 3-1202.21).

Client – owner or person who has been authorized to make decisions regarding the care and treatment of the patient.

Clinical support staff – person or persons, other than a veterinarian certified under chapter 112 or this Title, who may perform veterinary supportive procedures authorized by District of Columbia law or regulations under the specified supervision of a licensed veterinarian or a certified veterinary technician.

Controlled substances – all Schedule II through V drugs as set forth in the U.S. Controlled Substances Act of the Drug Enforcement Act and the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29, D.C. Official Code §§ 48-902.01 et seq.).

DEA – the United States Drug Enforcement Administration.

Director – the Director of the Department of Health, or the Director’s designee.

LGBTQ continuing education – continuing education focusing on human patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10 (b)(5)).

Licensure term – a two-year period between January 1 of each even-numbered year and December 31 of each odd-numbered year during which a license issued pursuant to this chapter is valid.

Opioids – all pure opioids and partial agonist and antagonist opioids including any drug or substance meeting the definition of opiates pursuant to D.C. Official Code 48-901.02(16).

Patient – an animal or group of animals examined or treated by a veterinarian or the veterinarian’s auxiliary.

Requestor – a person seeking continuing education credit under this chapter.

2899.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 2226, 2239 (March 25, 1988); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2899

17-29 ANIMAL FACILITIES

17 DCMR § 2900 APPLICABILITY

2900.1 This chapter shall apply to applicants for and holders of a license to operate an animal facility.

2900.2 Chapter 28 (Veterinarians) of this title shall supplement this chapter.

2900.3 All animal facilities in the District shall meet requirements set forth in this chapter by March 2, 1989.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is the Veterinary Practice Act of 1982, D.C. Law 4-171, D.C. Code § 2-2725(m) (1988 Repl. Vol.), and Mayor's Order 86-117, issued July 21, 1986 33 DCR 5690 (September 12, 1986).
• SOURCE: Final Rulemaking published at 35 DCR 6630 (September 2, 1988).

17 DCMR § 2901 GENERAL REQUIREMENTS

2901.1 To be licensed under this chapter, an animal facility shall do the following:

(a) Pass inspection by the Director;

(b) Meet the standards set forth in this chapter; and

(c) Be under the direction of a veterinarian in good standing with the Board who is:

(1) The owner, partner, president, or chief operating officer of the facility; and

(2) Personally responsible for maintaining, such facility within the standards set forth in this chapter.

2901.2 An applicant for or holder of a license to operate a mobile clinic is required to have a permanent mailing address.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630 (September 2, 1988).

17 DCMR § 2902 APPLICATION FOR LICENSE

2902.1 An applicant for a license to operate an animal facility is required to be a veterinarian licensed under the Act in good standing.

2902.2 The owner of an existing facility shall apply for a license under the chapter within thirty (30) days the effective date of the chapter.

2902.3 An applicant for initial licensure other than an applicant subject to § 2902.2 shall submit application to the Director on the prescribed form, and pay the required fee, at least sixty (60) days prior to the intended date of operation.

2902.4 An applicant shall include a copy of a certificate of occupancy, and certificate of incorporation in good standing, if any, for the facility with the application.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6631 (September 2, 1988).

17 DCMR § 2903 PRE-LICENSURE INSPECTION

2903.1 Before the Director issues a license, the District of Columbia Fire Department shall inspect the facility to determine compliance with fire safety requirements and shall submit the findings to the Director.

2903.2 Before issuing a license, the Director shall conduct an on-site inspection to determine compliance with the Act and this chapter.

2903.3 The Director shall send a written report of the findings of the inspection to the applicant no later than fifteen (15) days after the conclusion of the inspection.

2903.4 If the report states that there are deficiencies, the applicant shall correct them within the time period required by the Director.

2903.5 The Director may request written proof of correction of deficiencies and may conduct a follow-up inspection to determine correction of deficiencies after the applicant notifies the Director that the deficiencies have been corrected.

2903.6 The Director may deny the application if the deficiencies have not been corrected within a time period required by the Director pursuant to §2903.4. The facility may reapply for a license after deficiencies are corrected by submitting a new application and fee in accordance with this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6631 (September 2, 1988).

17 DCMR § 2904 ISSUANCE AND DISPLAY OF LICENSE

2904.1 The Director shall issue a license to a facility that the Director determines is in compliance with the Act and this chapter.

2904.2 A licensee shall display the license and certificate of occupancy in a conspicuous place on the premises.

2904.3 The Director shall issue a license only for the premises and person or persons named as applicants in the application. The license is not valid for use by any person or at any place other than that designated in the license. Any transfer as to ownership or location without the approval of the Director causes the immediate forfeiture of the license.

2904.4 A license is the property of the District Government and shall be returned to the Director immediately upon any of the following events:

(a) Suspension or revocation of the license;

(b) Refusal to renew the license;

(c) Forfeiture pursuant to §2904.3; or

(d) Voluntary discontinuance by the licensee.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6632 (September 2, 1988).

17 DCMR § 2905 TERM OF LICENSE

2905.1 The term of a license issued under this chapter shall begin on the date of issuance.

2905.2 A license issued or renewed under this chapter shall be effective for one (1) year.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6632 (September 2, 1988).

17 DCMR § 2906 RENEWAL OF LICENSE

2906.1 The Director shall mail a renewal notice to a licensee by first class mail to the licensee's address on file with the Director at least forty-five (45) days prior to the expiration of the license.

2906.2 The failure of a licensee to receive the renewal notice required by this section does not relieve the licensee of the responsibility of renewing the license in a timely manner.

2906.3 If the Director does not receive the applicatiion for renewal of a license prior to its expiration, the license shall lapse, but may be reinstated within thirty (30) days of its expiration upon receipt of a completed renewal application and the payment of an additional late fee.

2606.4 Reinstatement of a license that has been expired for over thirty (30) days shall be at the discretion of the Director.

2606.5 The Director may conduct an on-site inspection, announced or unannounced, of a facility to determine compliance with the Act and this chapter for the purposes of determining whether the facility meets the requirements for renewal of the license.

2906.6 The Director shall send a written report of the findings of the inspection to the licensee no later than fifteen (15) days after the conclusion of the inspection.

2906.7 The Director shall not renew the license of a facility found to have deficiencies which pose a serious threat to the health, safety, or welfare of the animals under the care of the facility or the public.

2906.8 The Director may require an applicant for renewal to submit a written, signed, and dated plan of correction to abate the deficiencies cited no later than ten (10) days following the receipt of the written report of the findings.

2906.9 The Director shall renew the license of a facility with no deficiencies or with minor deficiencies that in the opinion of the Director can be corrected within (30) days.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6632 (September 2, 1988).

17 DCMR § 2907 [RESERVED]

17 DCMR § 2908 CHANGE IN OPERATIONS, LOCATION, OR OWNERSHIP

2908.1 A licensee shall inform the Director of any change in the operation, program, or services of an animal facility within five (5) days of the change.

2908.2 A licensee desiring to change the location of an animal facility within the District shall apply for a new license for that facility in accordance with this chapter.

2908.3 A licensee desiring to transfer more than fifty percent (50%) of the ownership of an animal facility shall notify the Director at least sixty (60) days prior to the date of transfer. The prospective owner shall apply for a license to operate the facility in accordance with this chapter and pay the required fee. The Director shall inspect the facility within ninety (90) days of a change of ownership.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6633 (September 2, 1988).

17 DCMR § 2909 RIGHT OF ENTRY AND INSPECTION

2909.1 The Director has the right, after presenting credentials, to enter, with or without prior notice the premises of the following:

(a) An animal facility;

(b) An animal facility for which an application under this chapter is pending; and

(c) An unlicensed premises that the Director has reason to believe is being operated in violation of the Act or this chapter.

2909.2 A licensee or applicant shall give the Director access to records, policies and procedures, contracts, and any other information that the Director deems necessary to determine the animal facility's compliance with the Act, this chapter, or other law.

2909.3 The Director shall submit a written report to licensee within fifteen (15) days after the conclusion of the inspection.

2909.4 The Director may require the licensee to respond to the written report with a written plan of correction within ten (10) days after the receipt of the report.

2909.5 The Director shall require the licensee to correct the deficiencies within the time period required by the Director or propose an action to revoke, suspend, refuse to renew, or deny the license under §2931.

2909.6 The Director shall not enter and inspect an unlicensed animal facility without the permission of the applicant, licensee, owner, or person in charge unless a search warrant is first obtained from the Superior Court of the District of Columbia pursuant to D.C. Code §11-941 (1981).

2909.7 The Director may refer to the appropriate agencies in a case involving an animal facility that the Director reasonably believes is operating in violation of the Act or other applicable laws or regulations.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6634 (September 2, 1988).

17 DCMR § 2910 COMPLAINTS INVESTIGATIONS

2910.1 If the Director receives a written complaint alleging violation of the Act or this chapter, the Director shall investigate the complaint. In conjunction with the investigation of a complaint (written or oral) the Director may conduct an announced or unannounced inspection to determine the validity of the complaint.

2910.2 A licensee shall permit the Director to enter to inspect the premises.

2910.3 The Director shall submit a written report to the licensee within fifteen (15) days after the conclusion of the inspection.

2910.4 The Director may require the licensee to respond to the written report of deficiencies with a written plan of correction within ten (10) days after the receipt of the report.

2910.5 The Director shall require a licensee to correct the deficiencies within the time period required by the Director or may propose an action to revoke, suspend, refuse to renew, or deny the license under §2931.

2910.6 The Director shall communicate the findings of the complaint investigation to the licensee and complainant.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6635 (September 2, 1988).

17 DCMR § 2911 VARIANCES

2911.1 The Director, in the Director's discretion, may excuse the inability of a licensee to conform to requirements of this section and grant a variance to the licensee if the Director determines the following:

(a) To deny the variance would result in undue hardship to the licensee;

(b) Compensating factors are present which give adequate protection to the health, safety, and welfare of the animals under the care of the facility and the public; and

(c) The variance can be granted without impairing the purposes of this chapter or the Act.

2911.2 A licensee shall submit a request for a variance on the prescribed form setting forth the reasons that compliance with the requirements of this chapter would result in undue hardship and the compensating factors that would ensure adequate protection of the health, safety, and welfare of the animals under the care of the facility and public.

2911.3 A licensee requesting a variance shall submit a request within the period specified in a notice of noncompliance, but in no case more than twenty (20) days after the date the notice was mailed to the licensee.

2911.4 The Director shall maintain a written record of each variance granted or denied and shall make these records available for inspection by the public.

2911.5 The Director's decision to grant or deny variance shall be final and is not subject to review.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6635 (September 2, 1988).

17 DCMR § 2912 MINIMUM STANDARDS FOR ANIMAL FACILITIES

2912.1 This section sets forth the minimum standards for animal facilities. This section, except for §2912.9, is applicable to mobile clinics.

2912.2 Except as provided in §2912.3, a facility shall have the following areas:

(a) A reception area separate from other designated areas;

(b) An examination room;

(c) A laboratory area;

(d) A surgery room separate from all other areas;

(e) An animal housing area;

(f) An animal exercise area;

(g) An animal treatment area;

(h) A lavatory;

(i) A radiology area;

(j) A radiology processing room;

(k) A drug storage and dispensing area;

(l) A record keeping area; and

(m) An isolation area for effective separation of contagious and non-contagious cases.

2912.3 A facility shall not be required to have a laboratory area, surgery room, radiology area, or radiology processing room if the facility proves to the satisfaction of the Director that the facility uses consultant services for diagnostic-quality X-rays, laboratory services, and surgery.

2912.4 A facility shall at a minimum have the following equipment in good working order:

(a) A stethoscope;

(b) An ophthalmoscope;

(c) An otoscope;

(d) A thermometer;

(e) Scales;

(f) An oxygen and delivery system; and

(g) If surgery is performed, the following:

(1) An autoclave with monitoring devices; and

(2) Anesthetic support equipment.

2912.5 Each examination room shall meet the following requirements:

(a) Be of sufficient size to accommodate the veterinarian, assistants, animal, and owner; and

(b) Have, at a minimum, the following:

(1) A table with a non-porous surface;

(2) A waste receptacle; and

(3) Sanitizing solution.

2912.6 Cages or housing systems of an animal facility shall meet the following requirements:

(a) Have sufficient space to allow animals freedom of movement;

(b) Maintain a temperature between sixty-five and seventy-five degrees Fahrenheit (65° to 75° F.);

(c) Provide access to adequate food and water as required by §2913;

(d) Maintain animals that must be in a group without overcrowding;

(e) Maintain animals in good health as measured by such factors as the maintenance of normal body weight and the prevention of the spread of communicable diseases;

(f) Be designed for effective sanitary maintenance;

(g) Be kept in good repair to prevent injury to the animal and to promote physical comfort, and be free of sharp corners and edges, broken wires, and any dangerous surfaces; and

(h) Be of materials that are impervious to water, wear, and corrosion, not including wood.

2912.7 The buildings and grounds of the facility shall be maintained to provide for the well-being of the animals and health and safety of the facility's personnel and public.

2912.8 The animal facility shall be kept clean. A regular schedule of sanitary maintenance is required, including the elimination of wastes as described in §§2912.9 to 2912.17.

2912.9 The animal facility shall provide an area readily susceptible to proper sanitation which is available for the sole purpose of exercising animals.

2912.10 Animal rooms, corridors, storage areas, and other parts of the animal facility shall be cleaned as often as necessary, using appropriate detergents and disinfectants to keep them free of dirt, debris, and contamination.

2912.11 If litter or bedding, such as paper, is used in animal cages or pens, it shall be changed as often as necessary to keep the animals dry and clean and to minimize offensive odors.

2912.12 Cages or pens from which animal waste is removed hosing or flushing shall be cleaned and suitably disinfected at least once a day. Animals shall be removed from cages during servicing.

2912.13 Animal cages, racks, and accessory equipment, such as feeders and water utensils, shall be washed and sanitized as often as necessary to keep them clean and free from contamination. In addition, cages shall be sanitized before new animals are placed in them. Sanitizing may accomplished either by washing all soiled surfaces with a cleaning agent having an effective bactericidal action or with live steam or the equivalent thereof.

2912.14 Waste containers and implements shall be maintained in sanitary condition.

2912.15 All waste shall be collected and removed in a safe and sanitary manner. If waste cans are used, they shall be made of metal or plastic, be leakproof, and be equipped with tight fitting lids. Leakproof, disposalable containers such as plastic bags or plastic-lined paper bags as liners in waste cans shall be used for disposal of animal tissues and carcasses.

2912.16 Waste materials shall be removed regularly and frequently.

2912.17 Used hypodermic needles, suture needles, catheter needles, and other needles shall be stored and disposed of in containers so as to prevent injuries to persons handling the trash.

2912.18 Insects, rodents, and other pests shall be eliminated or effectively controlled.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6636 (September 2, 1988).

17 DCMR § 2913 FEEDING AND WATERING OF ANIMALS

2913.1 Each animal shall have access to food according to its particular requirements. The food shall be free of contamination palatable and nutritionally adequate. Each animal shall be fed an amount to meet it nutritional requirements.

2913.2 Food containers shall be accessible to animals and shall be located to minimize contamination by waste. Containers shall be made of a durable material, and sanitized daily. Disposable food containers may be used but shall be discarded after use.

2913.3 Animals shall have access to potable water, according to their particular requirements.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6639 (September 2, 1988).

17 DCMR § 2914 FACILITIES, EQUIPMENT, AND SUPPLIES FOR ANIMAL SURGERY AND POST SURGICAL CARE

2914.1 If surgery is to be performed, appropriate facilities and equipment shall be provided. Surgery shall be performed in a room which is reserved only for surgery and used for no other purpose. A surgery room may not serve as a corridor. The operating area shall be run in accordance with accepted surgical practice with regard to anesthesia, asepsis, life support, monitoring procedures, and recovery care.

2914.2 A suitably equipped area shall include the following equipment and supplies:

(a) A surgical table with non-porous surface;

(b) Autoclave for effective sterilization of instruments, linens, gloves, gowns, and similar items, will have internal and external sterilization monitors;

(c) Instrument table, stand, or tray and waste receptacle;

(d) A scrub sink or a similar container for surgical preparation;

(e) Operating light with sufficient power to illuminate the surgical area clearly with a minimum of one hundred (100) foot-candles;

(f) Automatic emergency lighting;

(g) Instruments, supplies, and equipment appropriate for the surgical procedures performed in the hospital;

(h) Instruments and equipment for artificial respiration, including but not limited to, resuscitation (Ambu) bag and endotracheal tubes;

(i) Circle gas anesthesia machine in working condition utilizing an anesthetic vaporizer and effective scavenger system; and

(j) Provision for proper and adequate post-surgical care and monitoring.

2914.3 Surgeons and assistants shall wear clean or sterile attire and sterile gloves appropriate to the procedure.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6639 (September 2, 1988).

17 DCMR § 2915 STRUCTURAL STANDARDS FOR NON-MOBILE ANIMAL FACILITIES

2915.1 This section shall prescribe the structural standards for animal facilities other than mobile clinics.

2915.2 Floors shall be smooth, waterproof, non-absorbent, scrubbed with detergents and effective sanitizing products, and capable of normal hospital use. Carpeting is an acceptable floor covering if it is kept in a sanitary condition and free from odors.

2915.3 Walls shall be waterproof, smooth, and free of any cracks that could interfere with effective cleaning.

2915.4 Ceilings shall be maintainable in a sanitary condition.

2915.5 Exterior windows and skylights shall not be required in the animal rooms if adequate ventilation and lights are provided. If windows are provided and are opened for ventilation purposes, effective screening through which animals cannot escape is required.

2915.6 The ventilation system shall regulate room temperature, promote comfort, and maintain a low concentration of atmospheric contaminants such as odors or microorganisms.

2915.7 The ventilation system shall maintain temperatures between sixty-five and seventy-five degrees Fahrenheit (65° to 75° F.) The relative humidity shall be maintained at all times within a range of thirty to seventy percent (30% to 70%), according to the needs of the animals.

2915.8 There shall be hot and cold running water on premises from a source approved by the District.

2915.9 There shall be a toilet and lavatory on premises approved by the District for personnel and clients.

2915.10 If companion animals are housed outdoors with no access to indoor facilities, provisions shall be made to assist in maintaining their natural temperatures. When the ambient temperature falls below fifty degrees Fahrenheit (50°F.), or rises above eighty-five degrees Fahrenheit (85°F.), adequate shelter shall be provided.

2915.11 Corridors shall be wide enough to accommodate expected traffic. The floor-wall junction shall be coved to facilitate cleaning.

2915.12 Electrical outlets shall be explosion-proof in rooms where volatile anesthetics are used and waterproof where water is used in cleaning.

2915.13 At least fifty (50) foot-candles of light are required in animal housing areas. Animal treatment and examination surfaces shall be lighted by a minimum of one hundred (100) foot-candles. Provision shall be made for emergency lighting in the event of power failure.

2915.14 Floors an floor drains shall be maintained in a sanitary condition.

2915.15 An area or areas equal in square feet to at least twenty-five percent (25%) of the animal housing space shall be set aside for the service functions of the animal facility. When an animal facility is one thousand square feet (1,000 ft.2) or less in size, services may be performed in a multipurpose area, but there shall be a separate storage area.

2915.16 The animal facility shall comply with all District laws and regulations applicable to buildings, construction, and zoning.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6640 (September 2, 1988).

17 DCMR § 2916 LABORATORY

2916.1 The animal facility shall have as a minimum, proof of use of either in-house laboratory service or consultant lab services by a nationally accredited laboratory for performing the following lab tests consistent with appropriate professional care for the species treated:

(a) Urinalysis, including microscopic evaluation of sediment;

(b) Complete blood count (CBC);

(c) Flotation test for ova of intestinal parasites;

(d) Skin scrapings for diagnosing external parasites;

(e) Exam for circulating blood microfilaria;

(f) Blood chemistries;

(g) Cultures and sensitivities;

(h) Biopsy;

(i) Complete necropsies including histopathology; and

(j) Serology.

2916.2 If in-house laboratory machines are utilized, schedules of maintenance and appropriate calibration to accepted standards are required along with appropriate quality control practices.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6642 (September 2, 1988).

17 DCMR § 2917 DRUG STORAGE

2917.1 The drug storage area shall have appropriate provision for temperature control for all drugs and biologicals.

2917.2 Drugs and biologicals under refrigeration shall be stored with the refrigerator's interior temperature maintained between thirty-six and forty-six degrees Fahrenheit (36° and 46° F.).

2917.3 Locked storage shall be supplied for Schedule II drugs.

2917.4 Drugs stored at room temperature should be maintained between fifty-nine and eighty-six degrees Fahrenheit (59° and 86° F.).

2917.5 The stock of drugs and biologicals shall be reviewed frequently and all expired medications removed from the working stock.

2917.6 Drugs and biologicals shall not be sold or dispensed after the expiration date designated on the label or the original container.

2917.7 Expired Schedule II drugs shall be disposed of in accordance with District and Federal laws and regulations.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6642 (September 2, 1988).

17 DCMR § 2918 STORAGE AREAS FOR FOOD, BEDDING, AND REFUSE

2918.1 Food and bedding shall be stored in an area separate from animal housing and shall be stored off the floor on pallets, racks, or carts.

2918.2 Food storage areas shall be physically separated refuse areas.

2918.3 Temperatures in the storage rooms shall be the ambient temperature. Refrigerated storage shall be available for perishable items.

2918.4 The facility shall contain separate storage facilities for dead animals. Carcasses shall be kept below forty-five degrees Fahrenheit (45° F.) to reduce putrefaction, and noxious materials shall be covered or packaged.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6643 (September 2, 1988).

17 DCMR § 2919 RADIOLOGICAL EQUIPMENT AND FACILITIES

2919.1 An animal facility shall have the capability and proof of use of either in-house or consultant services for obtaining diagnostic quality radiographs.

2919.2 Radiograph equipment shall conform to the following requirements:

(a) The protective tube housing shall be of diagnostic type;

(b) Diaphragms or cones shall be provided for collimating the useful beam to the area of clinical interest and shall provide the same degree of protection as is required of the housing;

(c) The total filtration permanently in the useful beam shall not be less than one-half of one millimeter (0.5 mm) aluminum equivalent for machines operating up to fifty kilovolt potential (50 kVp), one and one-half millimeter (1.5mm) aluminum equivalent for machines operating between fifty to seventy kilovolt potential (50 to 70 kVp), and two and one-half millimeters (2.5 mm) aluminum equivalent for machines operating above seventy kilovolt potential (70 kVp);

(d) A device shall be provided to terminate the exposure after a preset time of exposure; and

(e) A dead-man type of exposure switch shall be provided, together with an electrical cord of sufficient length, so that the operator can stand out of the useful beam and at least six feet (6') from the animal during all X-ray exposures. This paragraph does not apply to field radiograph procedures.

2919.3 The dark room shall be maintained in a clean and orderly manner and shall be of adequate size for the proper development of radiographs.

2919.4 Equipment shall be maintained in good operating condition for the proper development of radiographs.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6643 (September 2, 1988).

17 DCMR § 2920 OPERATION OF RADIOLOGY EQUIPMENT

2920.1 A veterinarian using radiology equipment shall require operators to use lead aprons and gloves that are adequate to safeguard operators in accordance with federal and District law.

2920.2 No person under eighteen (18) years of age shall be permitted to be present in the radiology area during the operation of radiology equipment.

2920.3 The operator of radiology equipment shall stand well away from the useful beam and the animal during radiographic exposure.

2920.4 No individual, other than the operator, may be in the X-ray room while exposures are being made unless such individual's presence is required.

2920.5 A veterinarian shall ensure that all X-ray equipment under his or her control is operated only by individuals competent to use the equipment safely.

2920.6 The veterinarian shall provide safety rules to each individual operating X-ray equipment under the veterinarian's control, including any restrictions of the operating technique required for the safe operation of the particular X-ray apparatus, and require that the operator demonstrate familiarity with these rules prior to using the equipment.

2920.7 The rules cited under §2920.6 shall require all persons operating radiology equipment wear X-ray badges and that these badges be evaluated at least monthly by a qualified radiology laboratory. Records shall be maintained on the premises as to the individual badge exposure of all persons monitored.

2920.8 When an animal shall be held in position during radiography, mechanical supporting or restraining devices shall be used. If the animal must be held by a person, the person shall be protected by appropriate shielding devices and positioned so that no part of his or her body will be struck by the useful beam.

2920.9 Field radiograph procedures shall conform to the following specifications:

(a) Protective lead aprons an gloves shall be used;

(b) Employees shall be monitored for exposure; and

(c) Equipment shall be maintained in good operating condition.

2920.10 Radiographs shall be properly identified, filed for reference, and maintained for three (3) years.

2920.11 Radiology equipment and its use shall be in compliance with chapters 20 to 22 of Title 22 DCMR (Public Health and Medicine) and any other applicable District or federal laws or rules.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6644 (September 2, 1988).

17 DCMR § 2921 [RESERVED]

17 DCMR § 2922 [RESERVED]

17 DCMR § 2923 [RESERVED]

17 DCMR § 2924 [RESERVED]

17 DCMR § 2925 [RESERVED]

17 DCMR § 2926 [RESERVED]

17 DCMR § 2927 [RESERVED]

17 DCMR § 2928 [RESERVED]

17 DCMR § 2929 [RESERVED]

17 DCMR § 2930 DENIALS AND DISCIPLINARY ACTION

2930.1 Upon a finding that an applicant for or holder of a license engaged in conduct described in §2930.2, the Director may, after providing notice and an opportunity for a hearing pursuant to this chapter, take one or more of the following actions:

(a) Deny the issuance of a license;

(b) Suspend or revoke a license;

(c) Refuse to renew or reinstate a license or endorsement; or

(d) Impose a civil fine.

2930.2 Grounds for suspension, revocation, refusal to renew, or deny a license include the following:

(a) Failure of the licensee to meet or maintain the standards required by, or other violation of, the Act or this chapter;

(b) Refusal to allow the Director access to the facility when necessary to carry out the purposes of this chapter;

(c) Willful submission by the licensee of false or misleading information to the Director in connection with an application for license or related to licensing procedures;

(d) Violation of the Act, this chapter, other District laws or rules, or federal laws or rules relating to the operation of the facility by the licensee.

(e) Failure of the licensee to allow inspections pursuant to this chapter;

(f) Failure to comply with the terms of a plan to correct deficiencies submitted to the Director or other agreement with the Director;

(g) Failure of the licensee to obey any lawful order of the Director pursuant to this chapter;

(h) Conviction of the licensee of a felony involving the management or operation of a facility or which is directly related to the integrity of the facility; or

(i) Suspension, revocation, or lapse of the veterinary license of the licensee.

2930.3 The Director may suspend or refuse to renew the license of an animal facility if the licensee has failed to pay a civil fine imposed pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, D.C. Code §§6-2701 to 6-2723 (1988 Repl. Vol.) within the time period required by the order of the Administrative Law Judge or required by chapter 11 of Title 1 D CMR.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6645 (September 2, 1988).

17 DCMR § 2931 NOTICE OF INTENDED ACTION AND OPPORTUNITY FOR A HEARING

2931.1 The Director shall give an applicant for or holder of a license a notice of and opportunity for a hearing before the Director if the effect of the action would be one of the following:

(a) To deny a license for a cause other than failure to pay the prescribed fee;

(b) To refuse to renew a license for a cause other than failure to pay the prescribed fee;

(c) To suspend or revoke a license; or

(d) To impose a civil fine.

2931.2 If the Director proposes taking an action of the type specified in § 2931.1(a), the Director shall give a written notice to the respondent stating the following:

(a) That the respondent has failed to satisfy the Director as to the respondent's qualifications to be approved for licensure;

(b) The respect in which the respondent has failed to satisfy the Director;

(c) That the denial will become final unless the respondent files a request for a hearing with the Director within fifteen (15) days of the receipt of the notice; and

(d) A description of the rights of the respondent at a hearing as specified in § 2939.2.

2931.3 If the Director proposes taking an action of the type specified in §§2931.1(b), (c), or(d), the Director shall give written notice to the respondent stating:

(a) That the Director has sufficient evidence, setting forth the nature of the evidence, which, if not explained, justifies taking the proposed action;

(b) That the Director may take the proposed action, unless within (15) days of the receipt of the notice the respondent files with the Director a written request for a hearing or in the alternative submits documentary evidence for the Director's consideration before the Director takes final action; and

(c) A description of the rights of the respondent at a hearing as specified in §2939.2.

2931.4 A notice given pursuant to §2931.1 shall be in the form of charges and specifications. A notice given pursuant to §2931.3 shall be in the form of a notice of intent to deny in letter format.

2931.5 If a respondent who was sent a notice of a proposed action pursuant to §2931.1 does not mail or deliver a request for a hearing within the time and in the manner required under that section, the Director may proceed with or without a hearing and may render a decision on the basis of evidence before the Director.

2931.6 If a respondent scheduled for a hearing does not appear for the hearing, and no continuance has been granted, the Director may receive evidence and hear testimony and may render a decision on the basis of evidence before the Director.

2931.7 All decisions by the Director shall be supported by reliable, probative, and substantial evidence.

2931.8 The Director shall inform the parties of an action taken under this section.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6647 (September 2, 1988).

17 DCMR § 2932 [RESERVED]

17 DCMR § 2933 HEARING NOTICE PROCEDURES

2933.1 If a respondent requests a hearing, the Director shall, within twenty (20) days following receipt of the request, notify the respondent of the date, time, and place of the hearing.

2933.2 The Director shall hold the hearing not less than fifteen (15) days following the date of service of the notice, unless the Director and all of the parties agree to the holding of the hearing at an earlier date.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6648 (September 2, 1988).

17 DCMR § 2934 SERVICE

2934.1 A notice, order, decision, or pleading required by this chapter to be served on a respondent shall be served on the respondent or representative designated by the respondent or by law to receive service of papers. If a respondent has appeared through counsel, service shall be made upon the counsel of record.

2934.2 Service on a respondent shall be directed to the last known address of the respondent on file with the Director and shall be completed by one of the following methods:

(a) By personal delivery to the respondent;

(b) By delivery to the address of respondent, or respondent's counsel or agent, on file with the Department, by leaving it at that address with a person of suitable discretion at least sixteen (16) years of age who is employed or resides at that address;

(c) By certified mail, return receipt requested; or

(d) If service is effected pursuant to an order of the Director, in the manner provided by that order.

2934.3 Proof of service, stating the name and address of the person on whom service is made and the manner and date of service, shall be shown by one of the following methods:

(a) If service was by personal delivery, the certificate of the server indicating that the document was accepted or refused;

(b) If service was by certified mail, the return receipt indicating that delivery was accepted, refused, or returned unclaimed; or

(c) If service was effected pursuant to an order of the Director, in the manner provided in that order.

2934.4 If service is by personal delivery, it shall be deemed to have been served on the date and at the time shown certificate of service indicating that the document was accepted, refused.

2934.5 If service is by certified mail, it shall be deemed to have been served on the date and at the time shown on the return receipt that the document was accepted, refused, or returned unclaimed.

2934.6 If service is pursuant to an order of the Director, it shall be deemed to have been served on a date and at a time as provided in that order.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6648 (September 2, 1988).

17 DCMR § 2935 REPRESENTATION

2935.1 A respondent may be represented only by an attorney who is an active member of the District of Columbia Bar, except that the Director may permit an attorney who is an active member of the bar of another jurisdiction in the United States to represent a respondent in a particular case.

2935.2 If it appears to the Director that the issues or facts in a matter before it are so complex that the interests of justice, saving time, or facilitating the preparation of an adequate record would be served by the representation of a party by an attorney, the Director may urge, but not require, that the party obtain the services of an attorney and may allow that party a reasonable period of time within which to do so.

2935.3 An attorney shall not participate in a representative capacity in any hearing conducted by the Director until the attorney submits to the Director a signed statement containing the attorney's name, street address, telephone number, and bar number.

2935.4 An attorney authorized to appear pursuant to this section may sign any paper required or permitted by this chapter or the Act to be filed with the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6650 (September 2, 1988).

17 DCMR § 2936 [RESERVED]

17 DCMR § 2937 MOTIONS AND OTHER PLEADINGS

2937.1 Except by leave of the Director during a hearing, a party shall make an application for an order or other relief by filing a written motion. A motion shall state with particularity the grounds on which it is based and shall clearly set forth the order or relief sought. If a motion is supported by memoranda, affidavits, or other paper they shall be attached and served with the motion.

2937.2 A copy of each motion, response, opposition, reply, or other pleading filed with the Director shall be served on each party, and a certificate of service shall appear at the end of the pleading showing the date and method of service.

2973.3 A party may file a response or opposition to a motion within ten (10) days after service of the motion, but the Director, in the Director's discretion, may shorten or extend this time, with proper notice to parties. The response or opposition shall not include a motion for other affirmative relief against the moving party.

2937.4 A reply to a response or opposition may be filed within three (3) business days after service of the response or opposition, but the reply shall not reargue propositions presented in the motion nor present matters which are not strictly in reply to the response or opposition. No further pleading may be filed except by leave of the Director for extraordinary cause.

2937.5 A motion or other pleading shall meet the following additional requirements:

(a) It shall be typewritten on business size eight and one-half by eleven inch (8 1/2" x ll") paper;

(b) It shall contain the name of the case and number of the case, if any;

(c) It shall be double-spaced, except footnotes and quotations, which may be single-spaced;

(d) It shall be signed by the party on whose behalf it is filed or by that party's counsel; and

(e) It shall be accompanied by three (3) copies.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6650 (September 2, 1988).

17 DCMR § 2938 [RESERVED]

17 DCMR § 2939 CONDUCT OF HEARINGS

2939.1 A hearing before the Director under this chapter shall be open to the public.

2939.2 A respondent entitled to a hearing has the right to the following:

(a) To be represented by an attorney in accordance with §2935;

(b) To present all relevant evidence by means of witnesses and books, papers, and other evidence;

(c) To examine all opposing witnesses on any matter relevant to the issues; and

(d) To have subpoenas issued to compel the attendance of witnesses and the production of relevant books, papers, and other evidence, upon making a written request to the Director.

2939.3 In connection with any hearing held pursuant to this chapter, the Director has the power:

(a) To administer oaths or affirmations to witnesses;

(b) To subpoena respondents and other witnesses and relevant books, papers, and documents;

(c) To take testimony;

(d) To examine witnesses;

(e) To direct the continuance of any case; and

(f) To enter into a consent agreement.

2939.4 In proceedings before the Director, if any person refuses to respond to a subpoena or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or refuses to obey any lawful order of the Director, the Director may make application to the Superior Court of the District of Columbia for an order requiring obedience thereto.

2949.5 In a proceeding resulting from the Director's intended action to deny a license, the respondent has the burden of satisfying the Director of the respondent's qualifications.

2939.6 In a proceeding resulting from the Director's intended action to suspend, revoke, or refuse to renew a license, the Director has the burden of proving that such action should be taken.

2939.7 The Director shall make a complete record of all evidence presented during the course of a hearing and shall furnish copy to a party to the proceedings upon payment of the prescribed fee.

2939.8 The Director may grant a motion for a continuance which sets forth good cause for the request. The Director may deny any motion for a continuance which is not filed at least two (2) business days prior to the date of the hearing.

2939.9 After the hearing, and within time limits established by the Director, the parties may submit proposed findings of fact, conclusions of law, and order, and may also submit memoranda of law on issues law arising during the hearing.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6651 (September 2, 1988).

17 DCMR § 2940 EVIDENCE AT THE HEARING

2940.1 All testimony at a hearing before the Director shall be under oath or affirmation.

2940.2 If any part of the record in any other proceeding previously held before the Director, or part of the record in any criminal or civil action, including hearings before any administrative agency, is offered in evidence, a certified true copy of that part shall be presented to the Board in the form of an exhibit, unless either of the following requirements is satisfied:

(a) The record is specified in such manner as to be readily identified, and the person offering the record agrees to supply copies later or when required by the Director; or

(b) There is a stipulation that the record may be incorporated by reference and the Director orders that incorporation.

2940.3 The Director shall exclude irrelevant, immaterial, and unduly repetitious evidence.

2940.4 The Director may take official notice, at the request of a party or on its own motion, of the following:

(a) The law and rules of the District of Columbia, the United States, and any state or other jurisdiction of the United States;

(b) Material facts in the official files of the Department or other District of Columbia or federal agency; or

(c) A fact which is not subject to reasonable dispute in that it is generally known within the District of Columbia or is capable of accurate and ready determination by resort to sources the accuracy of which cannot reasonably be questioned.

2940.5 If the Director takes official notice of a material fact not appearing in the evidence in the record, a party shall be given an opportunity to show the contrary at the hearing or on motion made within five (5) days after the hearing.

2940.6 The parties may, by stipulation in writing filed with the Director, agree on the facts or any portion thereof involved in a hearing. The parties may also stipulate the testimony that would be given by a witness if the witness were present. The Director, in the Director's discretion, may require additional evidence concerning any matter covered by a stipulation.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6652 (September 2, 1988).

17 DCMR § 2941 [RESERVED]

17 DCMR § 2942 CONDUCT OF PARTIES AND COUNSEL AT THE HEARING

2942.1 All parties at a hearing shall maintain decorum and good order at all times, and the Director may exclude or have removed from the hearing room any person violating any reasonable order of the Director.

2942.2 The Director may bar counsel from further participation in a hearing for disruptive conduct.

2942.3 If counsel has been barred from participating in a hearing, the Director may proceed with the hearing if consistent with the due process rights of the parties. Otherwise, the Director shall adjourn the hearing to give the party whose counsel has been barred an opportunity to secure new representation expeditiously.

2942.4 Counsel who has been barred from participating in a hearing may seek, and the Director may grant, reinstatement to participate in the hearing on such terms as the Director prescribes. The Director shall not permit a reinstatement application to delay the proceedings.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6654 (September 2, 1988).

17 DCMR § 2943 [RESERVED]

17 DCMR § 2944 DECISIONS

2944.1 The Director shall render a decision in writing no later than forty-five (45) days after the hearing is completed.

2944.2 A decision of the Director adverse to a respondent shall contain the following:

(a) Findings of fact;

(b) Conclusions of law;

(c) An order; and

(d) A statement of appeal rights and the time within which such appeal review is required to be made.

2944.3 The Director shall serve upon the respondent, or the respondent's counsel of record, a copy of a written decision within ten (10) days after a decision is rendered.

2944.4 The Director, in the Director's discretion, may stay an order pending appeal or reconsideration.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6654 (September 2, 1988).

17 DCMR § 2945 [RESERVED]

17 DCMR § 2946 RECONSIDERATION

2946.1 A party may petition for reconsideration within ten (10) days after service of an order.

2946.2 Neither the filing nor the granting of a petition shall operate as a stay of a decision unless specifically ordered by the Director.

2946.3 A petition shall state briefly and specifically the following:

(a) The matters of record or points of law alleged to have been erroneously decided or overlooked;

(b) The grounds relied upon; and

(c) The relief sought.

2946.4 If a petition is based in whole or in part on new a matter, the matter shall be set forth in an affidavit, containing a statement that the petitioner could not with due diligence have known or have discovered the new matter prior to the hearing before the Director.

2946.5 The Director may, in his or her discretion, permit or require oral argument upon a petition before the Director.

2946.6 The Director shall grant or deny a petition within sixty (60) days after the filing of the petition. Failure by the Director to act within that period shall constitute a denial of the petition.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6655 (September 2, 1988).

17 DCMR § 2947 JUDICIAL REVIEW: RECORD ON APPEAL

2947.1 A party aggrieved by a final decision of the Director may seek review of the decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act, D.C. Code §§1-1501 to 1-1511 (1987 Repl. Vol.).

2947.2 The Director shall compile and index the originals or copies of all documents pertinent to the appeal, including the following:

(a) A copy of the decision from which an appeal is taken;

(b) All documents relied on by the Director, including any relevant documents timely submitted to the Director by the respondent or by other parties to the hearing; and

(c) A transcript or summary of all testimony given statements made during the course of any hearings, conferences, or investigations concerning the matter in dispute conducted by the Director prior to the filing of the notice of appeal.

2947.3 The Director shall provide all parties to the appeal a copy of the Director's index of the record on appeal.

2947.4 The record may be shortened or summarized if, with permission of the court, all parties to the review proceedings so agree.

2947.5 The documents transmitted pursuant to this section, and any supplements thereto, shall be available for inspection by the parties at a location designated by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6655 (September 2, 1988).

17 DCMR § 2948 [RESERVED]

17 DCMR § 2949 [RESERVED]

17 DCMR § 2950 [RESERVED]

17 DCMR § 2951 [RESERVED]

17 DCMR § 2952 [RESERVED]

17 DCMR § 2953 [RESERVED]

17 DCMR § 2954 [RESERVED]

17 DCMR § 2955 COMPUTATION OF TIME

2955.1 In computing any period of time specified in this chapter, the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is not a business day, in which event the time period shall continue until the next day that is a business day.

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6656 (September 2, 1988).

17 DCMR § 2999 DEFINITIONS

2999.1 As used in this chapter, the following terms have the meanings ascribed:

Act - the District of Columbia Board of Veterinary Practice Act of 1982, D.C. Law 4-171, D.C. Code §§2-2701 to 2-2737 (1988 Repl. Vol.).

Animal facility - fixed or mobile establishment, veterinary hospital, animal hospital, or premises wherein the practice of veterinary medicine or any part thereof is performed, including a mobile clinic.

Board - the District of Columbia Board of Veterinary Examiners for the District of Columbia, established by the Act.

Director - the Director of the Department of Consumer and Regulatory Affairs, or the Director's designee.

License - a license to operate an animal facility under this chapter.

Licensee - a person holding a license.

Mobile clinic - an ambulatory facility used in the practice of veterinary medicine.

Veterinarian - a person licensed to practice veterinary medicine under the Act and accordance with chapter 28 of Title 17 DCMR

History

• SOURCE: Final Rulemaking published at 35 DCR 6630, 6656 (September 2, 1988).

17-30 FUNERAL DIRECTORS

17 DCMR § 3000 APPLICABILITY

3000.1 This chapter shall apply to applicants for and holders of a license to practice as a funeral director or apprentice funeral director.

3000.2 Chapters 31 (Funeral Services Establishments: Preneed Contracts) and 33 (General Rules: Funeral Directors, Veterinarians, and Interior Designers) of this title shall supplement this chapter.

3000.3 The provisions of this chapter prevail in the event of a direct and irreconcilable conflict between this chapter and chapter 33 of this title.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is § 4(i) of the D.C. Funeral Services Regulatory Act of 1984, D.C. Law 5-84, D.C. Code § 2-2803(i) (1987 Supp.), and Mayor's Order 87-186, issued August 3, 1987, 34 DCR 5480 (August 21, 1987).
• SOURCE: Final Rulemaking published at 35 DCR 2904 (April 22, 1988).

17 DCMR § 3001 GENERAL REQUIREMENTS FOR APPLICANTS

3000.1 An applicant for a license under this chapter, in addition to complying with chapter 33 of this title, shall prove to the satisfaction of the Board that the applicant is at least eighteen (18) years of age.

History

• SOURCE: Final Rulemaking published at 35 DCR 2904 (April 22, 1988).

17 DCMR § 3002 LICENSURE AS A FUNERAL DIRECTOR BY EXAMINATION

3002.1 An applicant for a license under this section shall furnish proof to the Board that the applicant meets the following requirements:

(a) Is a graduate of a high school, by arranging for a certified transcript to be sent directly to the Director from the applicant's high school;

(b) Is a graduate of an accredited school or college of mortuary science whose course of instruction is not less than twelve (12) months in duration or is composed of not less than eight hundred and forty (840) hours of study, or has successfully completed a two (2) year course of study leading to an associate degree in mortuary science, by arranging for a complete, certified transcript to be sent directly to the Director from the applicant's school or college of mortuary science; and

(c) Has had the following practical experience:

(1) If a graduate of a school or college of mortuary science, at least two (2) years of practical experience as an apprentice funeral director; or

(2) If possessing an associate degree in mortuary science, experience of having actually performed the following at a satisfactory level:

(A) Embalmed at least twenty-five (25) human remains; and

(B) Conducted or directed at least twenty-five (25) funerals; and

(d) Has achieved a passing grade on all three (3) parts of the examination specified in §3002.4.

3002.2 An applicant for a license who meets the requirements of §3002.1(c)(2) shall submit with the appplication a signed statement from each funeral director under whose immediate supervision the apprentice funeral director's duties were performed which shall contain the following information:

(a) The number of human remains embalmed by the applicant;

(b) The number of funerals conducted or directed during the period of apprenticeship served under the supervision of the funeral director;

(c) A professional evaluation of the applicant's performance.

3002.3 The practical experience required by §3002.1(c) shall include full-time supervised training in all aspects of the business and practice of funeral directing, including the following:

(a) The care, disposal, and preservation, by embalming or otherwise, of human remains;

(b) The sale of funeral goods and services; and

(c) Business management.

3002.4 The examination required by §3002.1(d) shall consist of the following three (3) parts:

(a) The national examination approved by the Conference of Funeral Service Examining Boards;

(b) An oral examination developed by the Board; and

(c) A practical demonstration developed by the Board.

3002.5 An applicant shall demonstrate receipt of a passing score (as determined by the Conference of Funeral Service Examining Boards) on the national examination part of the examination by arranging with the National Testing Service to forward a copy of the applicant's results directly to the Director.

3002.6 The oral examination part of the examination shall include specific questions on District and federal laws and regulations concerning the practice of funeral directing, including, but not limited to, the following:

(a) The Anatomical Board, human tissue banks, and anatomical gifts;

(b) Vital statistics and containers for cremated human remains;

(c) Trafficking in dead bodies;

(d) Cemeteries and crematories;

(e) Licensing of funeral directors, apprentice funeral directors, and funeral services establishments; and

(f) Penalty provisions.

3002.7 The practical demonstration part of the examination may include specific oral questions on manual procedures, anatomical considerations and pathological conditions which are relevant to the proper care, preparation and preservation of human remains.

3002.8 The Board shall conduct the oral examination and practical demonstration parts of the examination at least two (2) times a year at a date, time, and location determined by the Board.

3002.9 An applicant who fails to pass a part of the examination, in order to be eligible for a license, shall file a new application with the Director and pay the required fee. An applicant shall not submit a new application within six (6) months of the date of the examination part failed.

History

• SOURCE: Final Rulemaking published at 35 DCR 2904 (April 22, 1988).

17 DCMR § 3003 LICENSURE AS A FUNERAL DIRECTOR OF CERTAIN PERSONS LICENSED OR PRACTICING ON MAY 22, 1984

3003.1 The following persons shall be eligible for licensure as funeral directors under this section:

(a) A funeral director licensed by the District as an undertaker on May 22, 1984;

(b) An apprentice funeral director licensed by the District on May 22, 1984, and actively engaged in discharging the duties of a funeral director from January 1, 1973, through January 1, 1983; and

(c) A person who on August 1, 1947, would have qualified for licensure under D.C. Code §47-2843(c) (1981), who has discharged the duties of a funeral director from January 1, 1973, through January 1, 1983, and who continues to discharge those duties.

3003.2 An applicant described in §3003.1(a) shall be required to achieve a passing grade, as determined by the Board, on the oral part of the examination administered by the Board pursuant to §3002.

3003.3 An applicant described in §3003.1(b) shall be required to do the following:

(a) Submit an application for licensure within two (2) years of the effective date of this chapter;

(b) Submit with the application, as proof that the applicant was discharging the duties of a funeral director during the specified period, the following:

(1) Signed statements from each of the funeral directors under whose immediate supervision the applicant's duties were performed during period of January 1, 1973, to January 1, 1983, setting out in detail the nature of the applicant's duties and the period of time over which the applicant performed them for the supervisors; or

(2) If permitted by the Board, one (1) or more of the following:

(A) Case records, histories, business records, payroll records, or other documents which evidence the applicant's association as an apprentice funeral director with a funeral services establishment;

(B) The applicant's income tax returns; or

(C) The applicant's military service records;

(c) Submit a professional evaluation of the applicant's performance from each supervisor on a form to be prescribed by the Director; and

(d) Achieve a passing grade, as determined by the Board, on the oral and practical demonstration parts of the examination administered by the Board pursuant to §3002.

3003.4 An applicant described in §3003.1(c) shall do the following:

(a) Submit an application for licensure within two (2) years of the effective date of the chapter;

(b) Submit with the application, as proof that the applicant would have qualified for licensure under D.C. Code §47-2843(c) (1981):

(1) A verification from the District of Columbia Department of Human Services that the applicant was registered as an undertaker with the District of Columbia Health Department on August 1, 1947; and

(2) Signed statements from two (2) persons who were actually engaged, at any time during the five (5) year period immediately preceding August 1, 1947, in discharging the duties of an undertaker, and who were personally aware of the applicant's professional activities during this period of time, verifying that the applicant was also so engaged at some point during this same five (5) year time period, and describing the extent to which the applicant was so engaged;

(c) Submit with the application, as proof that the applicant was discharging the duties of a funeral director during the specified period:

(1) Signed statements from each of the funeral directors under whose immediate supervision the applicant's duties were performed during the period of January 1, 1973, to January 1, 1983, setting out in detail the nature of the applicant's duties and the period of time over which the applicant performed them for the supervisor; or

(2) If permitted by the Board, one (1) of the following:

(A) Case records, histories, business records, payroll records, or other documents which evidence the applicant's association as an apprentice funeral director with a funeral services establishment;

(B) The applicant's income tax returns; or

(C) The applicant's military service records;

(d) Submit a professional evaluation of the applicant's performance from each supervisor on a form to be prescribed by the Director; and

(e) Do one (1) of the following:

(1) Arrange for a complete certified transcript or copy of a diploma to be submitted to the Board to verify graduation prior to August 1, 1947, from a school or college of embalming whose course of instruction was not less than nine (9) months and which comprised not less than eight-hundred and forty (840) hours of study; or

(2) Submit satisfactory evidence, as determined by the Board, of equivalent experience prior to August 1, 1947; and

(f) Achieve a passing grade, as determined by the Board, on the oral part of the examination administered by the Board pursuant to §3002.

3003.5 Applicants described in §§3003.1(b) and (c) shall apply and demonstrate qualifications under the Act and this chapter within two (2) years of the effective date of this chapter.

3003.6 The Director shall provide that a license issued for each one of the three (3) categories described in §3003.1 be color-coded or otherwise distinctively identified to distinguish it from licenses issued for the other two (2) categories of licenses described therein and from other licenses issued pursuant to this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 2904, 2906 (April 22, 1988).

17 DCMR § 3004 LICENSURE AS A FUNERAL DIRECTOR BY RECIPROCITY

3004.1 An applicant for a license under this section shall furnish proof to the Board that the applicant meets the following requirements:

(a) Is a graduate of a high school, by arranging for a certified transcript to be sent directly to the Director from the applicant's high school; and

(b) Is currently licensed and in good standing as a funeral director in a state or territory of the United States wherein the requirements for licensure are substantially equal to or exceed those in effect in the District, and which state or territory admits funeral directors licensed by the District in a like manner, by submitting from the state or territory a current certificate of licensure in good standing and a certificate which verifies that the state or territory admits funeral directors licensed in the District in a like manner.

3004.2 To be licensed under this section, an applicant shall be required to achieve a passing grade, as determined by the Board, on the oral part of an examination administered by the Board pursuant to §3002.

History

• SOURCE: Final Rulemaking published at 35 DCR 2910 (April 22, 1988).

17 DCMR § 3005 LICENSURE AS AN APPRENTICE FUNERAL DIRECTOR

3005.1 An applicant for a license under this section shall furnish proof to the Board that the applicant meets the following requirements:

(a) Is a graduate of a high school, by arranging for a certified transcript to be sent directly to the Director from the applicant's high school; and

(b) Is a graduate of or is enrolled in an accredited school or college of mortuary science whose course of instruction is not less than twelve (12) months in duration or is composed of not less than eight hundred and forty (840) hours of study, or has successfully completed or is enrolled in a two (2) year course of study leading to an associate degree in mortuary science, by arranging for a complete, certified transcript, or certificate of enrollment, to be sent directly to the Board from the applicant's school or college or mortuary science.

3005.2 To be licensed under this section, an applicant shall achieve a passing grade, as determined by the Board, on the oral part of the examination administered by the Board pursuant to §3002.

History

• SOURCE: Final Rulemaking published at 35 DCR 2904, 2910 (April 22, 1988).

17 DCMR § 3006 PERMISSIBLE ACTIVITIES OF FUNERAL DIRECTORS LICENSED IN MARYLAND AND VIRGINIA: COURTESY CARD

3006.1 A person licensed as a funeral director in the state of Maryland or Virginia who is not licensed as a funeral director in the District may, in compliance with the requirements of this section, be issued a courtesy card by the Board, which authorizes that person to do the following:

(a) File in the District a death certificate of a person deceased in the District; and

(b) Transport human remains to the state where the funeral director is licensed to perform funeral services.

3006.2 A funeral director authorized to transport human remains from the District under this section shall notify the Board in writing within five (5) days of the date the remains were transported. The notice shall state the following:

(a) The name of the decedent;

(b) The date of death;

(c) The date the remains were transported;

(d) The address in the District, and name of the hospital or funeral services establishment, if any, from which the remains were transported; and

(e) The address in Maryland or Virginia to which the remains were transported.

History

• SOURCE: Final Rulemaking published at 35 DCR 2904, 2911 (April 22, 1988).

17 DCMR § 3007 DISPLAY OF LICENSES

3007.1 A license as a funeral director or apprentice funeral director shall be conspicuously displayed in the funeral services establishment at which the licensee is employed.

History

• SOURCE: Final Rulemaking published at 35 DCR 2904, 2911 (April 22, 1988).

17 DCMR § 3008 TERM AND RENEWAL OF LICENSES

3008.1 A license issued or renewed pursuant to this chapter expires at midnight on December 31 of each odd-numbered year unless the Director changes the renewal system pursuant to §3306 of chapter 33 of this title.

3008.2 A person who fails to file an application for renewal prior to the expiration date of the license may file a late application within thirty (30) days of the expiration of the license upon payment of the required renewal and late fees, but is not authorized to practice until the license is renewed.

3008.3 A license that is not renewed within thirty (30) days of its expiration lapses.

3008.4 A license as an apprentice funeral director may not be renewed beyond four (4) years after the date of issuance of the initial license. If the normal terms of such a license would extend beyond the expiration of this period, the terms of the license shall be shortened so that the four (4) year limitation is not exceeded.

History

• SOURCE: Final Rulemaking published at 35 DCR 2904, 2911 (April 22, 1988).

17 DCMR § 3009 [RESERVED]

17 DCMR § 3010 [RESERVED]

17 DCMR § 3011 NOTIFICATION OF CHANGE IN ADDRESS OR EMPLOYMENT STATUS

3011.1 A person licensed as an apprentice funeral director under this chapter shall, within five (5) days of the termination of the person's employment with a funeral director or funeral services establishment, notify the Director in writing that the person is no longer employed by that funeral director or funeral services establishment. The notification shall include the date on which the employment ceased.

3011.2 A funeral director who employs an apprentice funeral director shall notify the Board in writing of the employment or termination of the apprentice funeral director within thirty (30) days of the employment or termination of the apprentice funeral director. The notification shall include the name, street address, and license number of the apprentice funeral director and the date on which the apprentice funeral director was employed or terminated.

3011.3 An apprentice funeral director licensed under this chapter whose employment by a funeral director or funeral services establishment is terminated shall, within thirty (30) days of being employed by another funeral director or funeral services establishment, notify the Board in writing of the change in employment. The notification shall include the name, street address, and license number of the funeral director or funeral services establishment under which he or she is continuing the apprenticeship.

History

• SOURCE: Final Rulemaking published at 35 DCR 2904, 2911 (April 22, 1988).

17 DCMR § 3012 DISPUTES OVER THE POSSESSION OF HUMAN REMAINS

3012.1 Whenever funeral directors or funeral services establishments have a difference of opinion concerning their legal right to take possession of human remains, they shall refer the matter to the chairperson of the Board for a decision.

3012.2 The funeral director or funeral services establishment retained by the individual standing highest in the following order of priority shall be entitled to take possession of the human remains in disputes:

(a) Spouse;

(b) Adult child;

(c) Parent;

(d) Adult sibling;

(e) Adult grandchild;

(f) Adult nephew or niece;

(g) Grandparent;

(h) Adult uncle or aunt;

(i) Adult child of an uncle or aunt;

(j) Great-grandparent;

(k) Sibling of a grandparent;

(l) Relative of the spouse of the deceased, in accordance with the preceding order of priority; or

(m) Adult friend or volunteer.

3012.3 The oldest member of a class has a prior claim over other members of the same class.

3012.4 For the purposes of this section, the term "adult" means a person who is eighteen (18) years of age or older.

History

• SOURCE: Final Rulemaking published at 35 DCR 2904, 2913 (April 22, 1988).

17 DCMR § 3013 GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE

3013.1 Upon a finding that an applicant or licensee is engaged in conduct described in § 3013.2, the Board, after providing notice and an opportunity for a hearing pursuant to chapter 33 of this title, may take one (1) or more of the following actions:

(a) Deny admission to an examination;

(b) Deny the issuance of a license;

(c) Suspend or revoke a license;

(d) Refuse to renew a license;

(e) Refuse to reinstate a license; or

(f) Impose a civil penalty.

3013.2 The Board may take one (1) or more of the actions described in § 3013.1 if it finds that an applicant or licensee has engaged in any of the following actions:

(a) In any fraud, deceit, or misrepresentation of any material fact in procuring or attempting to procure a license under this chapter or chapter 31 of this title;

(b) In any unfair, deceptive, or misleading act or practice, or unfair method of competition in the funeral profession, including illegally fixing or maintaining prices or illegally restraining trade;

(c) Violated or permitted an employee or agent to violate any provision of the Act, this chapter, chapter 31 of this title, or federal laws, or regulations pertaining to the practice of funeral directing or funeral services establishments;

(d) Conspired with, or aided or abetted any person or entity in the violation or circumvention of any provision of the Act, this chapter, chapter 31 of this title, or federal laws or regulations pertaining to the practice of funeral directing or funeral services establishments;

(e) Performed funeral directing services while under the influence of intoxicating liquors or drugs;

(f) Engaged in any type of solicitation;

(g) Engaged in misrepresentation or fraud in the conduct of the business of a funeral services establishment, as a funeral director, or as an apprentice funeral director;

(h) Performed embalming services without specific written authorization by the next of kin, except in the case of a demonstrated emergency where the public health, welfare, or safety would be endangered;

(i) Charged in excess of actual out-of-pocket expenditures paid by the funeral services establishment for cash advances and other expenditures, excluding a reasonable charge not exceeding the District's legal interest rate per annum on the unpaid balance not repaid within thirty (30) days;

(j) Committed gross negligence in the practice of funeral directing;

(k) Been disciplined by a licensing or disciplinary authority or convicted, disciplined, or found civilly liable by a court of any jurisdiction for conduct which would be grounds for denial or disciplinary action under the Act or this chapter, or which bears a substantial relationship to the fitness of the applicant or licensee to be licensed; or

(l) Acted in a manner inconsistent with the health, welfare, or safety of the public, including, but not limited to, the following:

(1) Permitting anyone other than a licensed funeral director to make arrangements, other than the receipt of preliminary information by telephone, on his or her behalf, or on behalf of any other funeral director or funeral services establishment, with a customer or customer's designee, which arrangements involve the performance of the practice of funeral directing, the sale or rental of funeral goods or services, or the offer, sale, or negotiation of a preneed contract;

(2) Exercising undue influence on a customer or misleading a customer;

(3) Failing to provide the Board, the Director, or any person or entity with accurate and true notification or documentation as required by law, the Board, or the Director;

(4) Soliciting, accepting, or paying any consideration for recommending or causing funeral goods or services, or the services of a crematory, mausoleum or cemetery, to be provided specific persons or entities, except pursuant to a preneed contract;

(5) Causing or being knowingly involved in a solicitation which constituted an uninvited invasion of personal privacy, or in a solicitation by phone or at the personal residence of a person;

(6) Participating in the provision of or providing funeral goods or services pursuant to a preneed contract if the contract was offered, sold or negotiated by a person other than a funeral director licensed in the District and employed by a funeral services establishment which is licensed and endorsed in the District and a party to that contract;

(7) Offering, selling, negotiating, or participating in the provision of, or providing funeral goods or services pursuant to, a preneed contract which did not fulfill the requirements of chapter 31 of this title;

(8) Charging in excess of the amount advanced, paid, or owed to third parties on behalf of the customer, or failing to passing along to the customer any discount, rebate, or other benefit received from third parties for any items of service or merchandise described as cash advances, including, but not limited to, the following:

(A) Cemetery or crematory charges;

(B) Clergy honoraria;

(C) Death certificate transcripts;

(D) Escorts;

(E) Chevra Kadisha (Tahara);

(F) Public transportation;

(G) Gratuities;

(H) Telephone and telegraph charges; and

(I) Flowers;

(9) Suggesting or implying, in manner, that the customer's expressed concern about prices, inexpensive services or merchandise, or desire to save money, is improper or inappropriate;

(10) Disparaging before a customer the quality or appearance of merchandise or services advertised or offered for sale;

(11) Failing to display less expensive merchandise advertised or offered for sale in the same manner and condition as more expensive merchandise;

(12) Making false, misleading, or unsubstantiated claims directly, or by implication, as to the benefits or quality or funeral merchandise or services;

(13) Obtaining custody of human remains without explicit prior customer authorization;

(14) Failing to release promptly human remains and give information about the care, release or whereabouts of human remains upon customer request;

(15) Failing to post conspicuously and legibly the actual retail price on each item of funeral merchandise displayed for sale;

(16) Failing to post conspicuously and legibly the actual retail price of funeral merchandise on pictures of the merchandise, when pictures are used for the presentation of merchandise for sale;

(17) Inducing a customer to consent to change the desired day or time of funeral, burial, or cremation by misstating facts or circumstances related thereto, if such misstatements resulting in the following:

(A) Increased charges for the funeral; or

(B) Denial of a customer's desire to have the funeral, burial, or cremation at a particular time, when that particular time was expressed by a customer as an element of the agreement;

(18) Making a representation, or permitting a presentation to be made, that a funeral services establishment was a society, fund, trust or other nonprofit entity, unless the establishment was nonprofit or unless the representation included a conspicuous statement that the establishment was for-profit;

(19) Revealing personally identifiable facts or information about a decedent or customer which were obtained in the business or practice of funeral directing without the prior consent of the customer, except as authorized or required by law or by the contract between the customer and the funeral director of funeral services establishment;

(20) Delegating funeral directing responsibilities to a person when the applicant or licensee knew or should have known that the person was not qualified or authorized to perform them;

(21) Abandoning, neglecting abusing, or failing to treat human remains with dignity and respect;

(22) Charging for funeral goods or services that were not specified in the contract and which are not required by law;

(23) Charging for funeral goods or services that were not provided;

(24) Failing to provide funeral goods or services specified in the contract; or

(25) Failing to comply with an order issued by the Board or the Director, or with a negotiated settlement entered into the Board or the Director.

3013.3 As used in this section, "solicit" means to engage in any annoying or unseemly conduct by an applicant, licensee, or employee or agent or an applicant or licensee including, but not limited to, the following:

(a) Loitering in or about a hospital, sanitarium, personal care home, or other place for the purpose of soliciting the employment of the licensee's services;

(b) Offering, giving, or promising any gratuity or payment, either in money or property, to any person for information concerning human remains;

(c) Requesting or recommending that a consumer change from another funeral services establishment;

(d) Engaging in a dispute with another licensee for the possession of human remains; or

(e) Initiating contract with the next of kin, relations, friends, or associates of the deceased in order to provide funeral service or disposition of the deceased without being contacted by the next of kin or his or her representative, excluding general advertising, the sale of burial insurance, or responses to request for information by consumers.

History

• SOURCE: Final Rulemaking published at 35 DCR 2904, 2913 (April 22, 1988).

17 DCMR § 3099 DEFINITIONS

3099.1 As used in this chapter, the following words and phrases have the meaning ascribed:

Act - the District of Columbia Funeral Services Regulatory Act of 1984, D.C. Law 5-84, D.C. Code §§ 2-2801 to 2-2819 (1987 Supp.).

Board - Board of Funeral Directors for the District of Columbia, established by the Act.

Funeral goods - personal property typically sold or provided in connection with the practice of funeral directing, including caskets, cremation or transportation containers, vaults, grave liners, funeral clothing or accessories, monuments and grave markers.

Funeral services - services rendered in connection with the practice of funeral directing.

Funeral services establishment - a location at which the practice of funeral directing is performed, or when the context requires, the persons or entity which owns the funeral business at that location.

Next of kin - the relative and priority of relatives as set forth in § 3012.2.

Practice of funeral directing - the care, preservation, disposal, or preparation of human remains for funeral services, burial, cremation, or transportation, including the provision of these services pursuant to a preneed contract.

Preneed contact - an agreement under which consideration is to be paid prior to the death of the beneficiary for funeral goods or services to be provided after the beneficiary's death.

Purchaser - a person responsible for paying consideration for funeral goods and services pursuant to a preneed contract.

Service fee - the amount charged for accounting, record keeping and other administrative costs relating to a preneed contract.

3099.2 The definition in § 3399 of chapter 33 of this title are incorporated by reference and apply to this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 2904, 2919 (April 22, 1988).

17-31 FUNERAL SERVICES ESTABLISHMENTS

17 DCMR § 3100 APPLICABILITY

3100.1 This chapter applies to applicants for licenses and licensed funeral services establishments.

3100.2 Chapter 30 (Funeral Licensure Directors) and Chapter 33 (General Rules: Funeral Directors, Veterinarians, Interior Designers and Real Estate Appraisers) of this title supplement this chapter.

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3100

17 DCMR § 3101 CLASSES OF LICENSURE

3101.1 The following classes of licenses shall be issued to qualified applicants in accordance with D.C. Official Code §§ 3-405(e) and (f) (2012 Repl.):

(a) Funeral Home Establishment;

(b) Funeral Home Establishment – Surviving Spouse; and

(c) Funeral Home Establishment – Estate.

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3101

17 DCMR § 3102 APPLICATION FOR A LICENSE AS A FUNERAL HOME ESTABLISHMENT

3102.1 Each applicant for a license as a Funeral Home Establishment in the District of Columbia shall duly file with the Board an application on a form prescribed and provided by the Board.

3102.2 Each applicant shall attest to the truthfulness of the application before a notary public, who shall affix his or her seal to the application.

3102.3 The proper fees and all required documents shall accompany the application at the time of filing.

3102.4 If the applicant is an individual, the applicant shall provide the following:

(a) Proof that the applicant is an individual who is licensed and in good standing as a funeral director in the District of Columbia; and

A business and a home address, which cannot be a post office box number.

3102.5 If the applicant is a business entity, an authorized agent of the applicant shall provide the following:

(a) Proof that the applicant is properly organized under applicable District and federal law;

(b) Proof that at least one (1) of the applicant’s owners is a funeral director who is licensed and in good standing in the District of Columbia. Acceptable proof of ownership may include, but is not limited to, the following:

(1) Stock certificates;

(2) Corporate registration documents;

(3) Articles of organization;

(4) Partnership agreements; or

(5) Tax forms;

(c) Proof that the applicant has employed a designated funeral director who is licensed and in good standing in the District of Columbia to be responsible for the daily operation of the funeral services establishment;

(d) If the applicant is a corporation, the names and street addresses of each of its directors and principal officers, and a copy of the certificate of incorporation; and

(e) If the applicant is a partnership, the names and street addresses of each of the general partners.

3102.6 To be eligible for licensure, each applicant shall obtain a basic business license in accordance with D.C. Official Code § 3-405(e) (2012 Repl.).

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3102

17 DCMR § 3103 PRE-LICENSURE INSPECTIONS

3103.1 To be eligible for licensure as a funeral services establishment, an applicant shall pass all inspections of its premises which are required for approval of a basic business license, including but not limited to the following:

(a) An inspection conducted by the District of Columbia Fire Department to determine compliance with fire safety requirements; and

(b) An on-site certificate of occupancy inspection to determine compliance with building safety requirements.

3103.2 To be eligible for licensure as a funeral services establishment, an applicant shall pass an inspection of its premises, conducted by the Board or its designee, to determine compliance with § 3110 of this chapter.

3103.3 The Board shall send a written report of the findings of its inspection to the applicant no later than thirty (30) business days after the conclusion of the inspection.

3103.4 Any deficiencies noted in the Board’s inspection report must be corrected by the applicant within thirty (30) business days of the issuance of the report.

3103.5 The Board may deny the application if the deficiencies have not been corrected within the time period required by the Board pursuant to § 3104.4. Applicants who wish to contest the findings of the Board shall be given an opportunity for a hearing in accordance with the Act and Chapter 33 of this title.

3103.6 If an application is denied pursuant to § 3103.5, the applicant may reapply for a license after deficiencies are corrected by submitting a new application and fee in accordance with this chapter.

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3103

17 DCMR § 3104 ISSUANCE AND DISPLAY OF LICENSE

3104.1 The Director shall issue a license to a funeral services establishment if the Board determines that it is in compliance with the Act and this chapter.

3104.2 For the protection of the health, welfare, or safety of the public, the Board may refuse to approve the issuance or renewal of a license in a name that is as follows:

(a) Misleading or would constitute false advertising;

(b) Implies a partnership, association, or corporation where one does not exist;

(c) Includes the name of a person not otherwise licensed;

(d) Is in violation of the law;

(e) Is a name that has been used by any person whose license is suspended or revoked; or

(f) Is a name that is deceptively similar to that used by another licensee.

3104.3 The Director shall issue a license only for the premises and person or persons named as applicants in the application. The license is not valid for use by any person or at any location other than that designated on the license.

3104.4 A licensee shall display the license and certificate of occupancy in a conspicuous place on the premises.

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3104

17 DCMR § 3105 TERM OF LICENSE

3105.1 Except as provided in § 3107.8 of this chapter, all licenses issued pursuant to this chapter and the Act shall expire on December 31st of each odd numbered year, constituting a license cycle.

3105.2 The Board may change the license cycle for administrative convenience.

3105.3 If the Board changes the license cycle, the term of a license that is in effect on the date of the Board's determination to change the cycle may, at the Board's discretion, be extended up to three (3) years in order to permit an orderly transition. Any extension of the license term implemented under this section shall only be made by Board resolution.

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3105

17 DCMR § 3106 RENEWAL OF LICENSE

3106.1 A holder of a license shall meet all of the requirements for initial licensure prior to the issuance of the renewal.

3106.2 A holder of a license as a Funeral Home Establishment – Surviving Spouse may be eligible for licensure renewal as long as the spouse remains unmarried.

3106.3 A holder of a license as a Funeral Home Establishment – Estate shall not be eligible for licensure renewal.

3106.4 At least sixty (60) days prior to the expiration of a license, the Board shall send a renewal notice by first class mail to the holder of a license at the licensee’s address on record with the Board.

3106.5 The failure of a holder of a license to receive the notice required by § 3106.1 of this section does not relieve the holder of the responsibility of renewing the license.

3106.6 A holder of a license who fails to renew before the expiration date may renew the license within sixty (60) days after expiration upon paying the required late fee. Upon renewal, the holder shall be deemed to have possessed a valid license during the period between the expiration of the license and its renewal.

3106.7 If a holder of a license fails to renew the license within sixty (60) days after its expiration, the license shall be deemed to have lapsed on the date of expiration and the holder shall be required to apply for reinstatement of the expired license and pay the required reinstatement fee in accordance with D.C. Official Code § 47-2853.15 (2012 Repl.) and § 3308 of Chapter 33 (GENERAL RULES: FUNERAL DIRECTORS, VETERINARIANS, INTERIOR DESIGNERS AND REAL ESTATE APPRAISERS) of this title.

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3106

17 DCMR § 3107 APPLICATION FOR A LICENSE AS A FUNERAL HOME ESTABLISHMENT - SURVIVING SPOUSE AND ESTATE

3107.1 Upon the death of a funeral director licensed to operate a funeral services establishment, a surviving spouse or the estate of the funeral director may apply for a license to continue operating the funeral services establishment for the remainder of the licensure period.

3107.2 The surviving spouse or representative of the estate shall notify the Board within ten (10) days of the death of the funeral director of the intent to continue operating the funeral services establishment.

3107.3 Within thirty (30) days of the death of the funeral director, an applicant for a license as a Funeral Home Establishment – Surviving Spouse or Funeral Home Establishment – Estate shall duly file an application on a form prescribed and provided by the Board.

3107.4 The proper fees and all required documents shall accompany the application at the time of filing.

3107.5 The surviving spouse or representative of the estate shall attest to the truthfulness of the application before a notary public, who shall affix his or her seal to the application.

3107.6 The surviving spouse or representative of the estate shall provide the following:

Proof of the death of the funeral director who was licensed to operate the establishment;

Proof that the applicant was married to the funeral director at the time of his or her death; or

Proof of the applicant’s authority to act on behalf of the estate of the deceased funeral director;

Proof that the applicant has employed a designated funeral director who is licensed and in good standing in the District of Columbia to be responsible for the daily operation of the funeral services establishment; and

A business or a home address, which cannot be a post office box number.

3107.7 A surviving spouse who is licensed pursuant to this section may be eligible for licensure renewal as long as the spouse remains unmarried.

3107.8 The estate of a funeral director which receives a license pursuant to this section shall be licensed for a period of three (3) years from the date of the funeral director’s death, and the license shall not be eligible for renewal at the end of the licensure period.

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3107

17 DCMR § 3108 REQUIRED NOTIFICATIONS

3108.1 A licensee shall notify the Board of the termination of the business relationship between the licensee and a funeral director who is an owner of the funeral services establishment within ten (10) business days of the occurrence.

3108.2 The notice required by § 3108.1 shall:

(a) Be signed by a registered owner or the designated funeral director of the funeral services establishment;

(b) State the date of the termination; and

(c) State whether the licensee intends to continue to operate the funeral services establishment, and, if so, include the name, license number, street address, and ownership interest of any new owner.

3108.3 A licensee shall notify the Board of the termination of the business relationship between the licensee and its designated funeral director within ten (10) business days of the occurrence.

3108.4 The notice required by § 3108.3 shall:

(a) Be signed by a registered owner or the designated funeral director of the funeral services establishment;

(b) State the date of the termination; and

(c) State whether the licensee intends to continue to operate the funeral services establishment, and, if so, include the name and license number of the new designated funeral director. The new designated funeral director shall submit a notarized letter of acceptance in accordance with § 3112 of this chapter.

3108.5 A licensee desiring to change the location of a funeral services establishment within the District shall apply for a new license for the funeral services establishment in accordance with this chapter.

3108.6 A licensee shall submit a written notification to the Director within ten (10) days of hiring or terminating an apprentice funeral director and shall state the name, street address, and license number of the apprentice funeral director and the date on which he or she was employed or terminated.

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3108

17 DCMR § 3109 RIGHT OF ENTRY AND INSPECTION

3109.1 The Board, or its designee, shall have the right, after presenting credentials, to enter a funeral services establishment.

3109.2 A licensee or applicant shall give the Board, or its designee, access to records, policies and procedures, contracts, and any other information that the Board deems necessary to determine the funeral services establishment’s compliance with the Act or this chapter.

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 41 DCR 1427 (March 18, 1994); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3109

17 DCMR § 3110 MINIMUM STANDARDS FOR FUNERAL SERVICES ESTABLISHMENTS

3110.1 The practice of funeral directing in the District shall only be conducted at a licensed funeral services establishment.

3110.2 A funeral services establishment shall include the following:

(a) A chapel or viewing room used for funeral services;

(b) An arrangement office or area used for making funeral arrangements and for related business matters; and

(c) A preparation room, to be used exclusively for the preparation, preservation (including embalming), or other care of human remains.

3110.3 A preparation room shall be clean and sanitary at all times, and shall be equipped with the following:

(a) Adequate lighting on all working surfaces;

(b) Hot and cold running water;

(c) A system for ventilation that complies with current Occupational Safety and Health Administration (OSHA) standards;

(d) Floor, wall, ceiling, and working surfaces made of light-colored tile or other hard, smooth, durable, nonporous, and washable material;

(e) Cabinets, closets, or shelves for proper storage of instruments and supplies;

(f) Adequate sewage disposal, waste disposal, and drainage equipment and facilities which meet the current requirements of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978, as amended (D.C. Law 2-64; D.C. Official Code §§ 8-1301 et seq., and implementing rules);

(g) Doors and windows, if any, that are rigid and tight-closing and that the windows are maintained to obstruct any view into the preparation room;

(h) A non-porous table for preparing or preserving human remains; and

(i) Disinfectants for the proper sterilization of the preparation room, equipment, and instruments.

3110.4 Temporary storage of uncasketed human remains awaiting burial or other final disposition shall take place only in a preparation room or in a storage room. Unembalmed human remains that are stored for over twenty-four (24) hours shall be stored in a refrigerated storage room, unless other instructions are received from the Office of the Chief Medical Examiner.

3110.5 A funeral services establishment shall have a business telephone number in working order for its registered address, the number of which shall be listed in the name of the business.

3110.6 A funeral services establishment shall display a sign that states the name of the establishment as registered with the Director. The sign shall be conspicuously located at or near the main entrance and shall be visible from the exterior of the establishment. The lettering on the sign shall be legible and have a minimum height of one and one-half (1-1/2) inches.

3110.7 A funeral services establishment shall use only its name as registered with the Director in telephone listings, publications, advertisements, or while otherwise conducting business.

3110.8 A funeral services establishment shall provide telephone information, a casket price list, an outside receptacle price list, and a general price list as required by the Funeral Industry Practices Rules of the Federal Trade Commission (16 Code of Federal Regulations (C.F.R.) § 453.2, as amended).

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3110

17 DCMR § 3111 VARIANCES

3111.1 The Board may excuse the inability of an applicant or licensee to conform to the requirements of § 3110 of this chapter, by grant of a variance to the applicant or licensee, upon the Board’s determination of the following:

(a) To deny the variances would result in undue hardship to the applicant or licensee;

(b) Compensating factors are present which give adequate protection to the health, safety, and welfare of the public; and

(c) The variance can be granted without impairing the purposes of this chapter or the Act.

3111.2 To apply for a variance an applicant or licensee shall state, on a form provided by the Board, the reasons a variance should be granted based upon factors listed in § 3111.1.

3111.3 An applicant or licensee shall submit a request for a variance within twenty (20) business days of the issuance of the inspection report of the Board referenced in § 3103.3 of this chapter.

3111.4 The Director shall maintain a written record of each variance granted or denied by the Board, and shall make the record available for public inspection.

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3111

17 DCMR § 3112 APPOINTMENT OF DESIGNATED FUNERAL DIRECTOR

APPOINTMENT OF DESIGNATED FUNERAL DIRECTOR

3112.1 A funeral services establishment shall appoint a designated funeral director who is licensed and in good standing in the District of Columbia to be responsible for the daily operation and management of the funeral services establishment.

3112.2 To be registered as a designated funeral director, an owner and a funeral director shall submit a notarized letter of acceptance, which reflects the funeral director’s intent to assume the role and responsibilities in connection with the funeral services establishment.

3112.3 If a designated funeral director is temporarily unable, for any reason, to carry out his or her responsibilities, the owner may assign a licensed funeral director to act as a temporary manager for not more than thirty (30) days. If the temporary manager will serve in that capacity for more than fifteen (15) days, the owner shall notify the Board of the temporary designation in writing.

3112.4 If a designated funeral director resigns, is terminated, or is unable carry out his or her responsibilities for more than thirty (30) days, the owner shall immediately notify the Board and a new designated funeral director must be appointed.

3112.5 No funeral services establishment shall be permitted to operate unless a designated funeral director, or temporary manager, has been duly appointed in accordance with this section.

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3112

17 DCMR § 3113 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7860 (October 23, 1992).

17 DCMR § 3114 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7860 (October 23, 1992).

17 DCMR § 3115 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7860 (October 23, 1992).

17 DCMR § 3116 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3116

17 DCMR § 3117 PRE-NEED FUNERAL CONTRACTS

3117.1 No person shall offer or sell a pre-need funeral contract, or make or offer such a contract, unless licensed by the Board as a funeral director and acting on behalf of a licensed funeral services establishment. A licensee that offers such contracts shall be subject to the provisions of this section.

3117.2 All pre-need funeral contracts shall be in writing and substantially conform to the model set forth on the Department’s website (dcra.dc.gov, then clicking the “Licensing/Registration” tab, then choosing “Professional Licensing”), and shall contain all disclosures required by District and federal law. A pre-need funeral contract shall:

(a) Be written in clear, easily understandable language and state that it is not an insurance product;

(b) Identify the funeral services establishment, its license number, the pre-need funeral contract purchaser, and the pre-need funeral contract beneficiary, if other than the pre-need funeral contract purchaser;

(c) Clearly state whether the contract, or any portion thereof, is guaranteed or non-guaranteed as defined in § 3199.1;

(d) Clearly disclose a complete list of services or supplies purchased;

(e) State, if funds are to be placed in an escrow account, the amount to be deposited, the name of the financial institution holding the escrow account, the disposition of the interest, the fees, expenses, and taxes that may be deducted from the interest, and the contract purchaser’s responsibility for any taxes owed on any interest accrued;

(f) State that the Board handles consumer complaints and list the name, address, telephone number, and email address of the Board;

(g) State the terms of pre-need funeral contract termination, including that a portion of the funds may be retained as outlined in § 3117.6;

(h) Provide that, if the services or supplies contracted for cannot be provided, the funeral services establishment shall furnish those services or supplies in substantially similar style and quality and that, pursuant to § 3117.6, the contract purchaser has the right to cancel the contract or consent to any services or supplies that will be substituted;

(i) Disclose any penalties or restrictions, including geographic restrictions or the inability of the funeral services establishment to perform, on the delivery of goods, services, or pre-arrangement guarantee;

(j) Specify the source of funding for the pre-need funeral contract;

(k) Comply with all disclosure requirements required by the Board;

(l) When applicable, contain an appointment by the contract purchaser of a person to assist with the pre-need arrangements, which appointment shall be reduced to a written appointee agreement, be signed by the funeral director and the contract purchaser, and be attached to the pre-need funeral contract as a valid part of the contract;

(m) Contain the signatures of the licensed funeral director acting as an agent of the funeral services establishment and the contract purchaser and the date the contract was executed; and

(n) Be provided to the contract purchaser, along with all other related executed forms and agreements.

3117.3 A licensee that offers pre-need funeral contracts shall:

(a) Within ten (10) days of receipt, deposit all pre-need funds in a federally-insured interest-bearing escrow account;

(b) Keep accurate accounts, books, and records of all pre-need transactions;

(c) Keep a chronological listing of all pre-need funeral contracts. The listing shall include the name of pre-need purchasers, the name of contract beneficiaries, the date of the contract, how the contract was funded, whether any funeral goods or supplies are stored for the contract purchaser, and, if stored, a description of the funeral goods or supplies;

(d) Retain all pre-need funeral contracts and reporting documents, including all insurance information and copies of filed or certified death certificates, for at least three (3) years after the death of the pre-need funeral contract beneficiary; and

(e) Make all records related to pre-need funeral contracts available for inspection by the Department.

3117.4 Each licensee shall:

(a) Within one hundred eighty (180) days of the effective date of this rulemaking, submit to the Board, on a form prescribed by the Board, the following information:

(1) The total number of non-guaranteed and guaranteed pre-need funeral contracts maintained by the funeral establishment;

(2) A list of the names of all individuals who have pre-need funeral contracts with the licensee; and

(3) Any other information related to pre-need funeral contracts that is requested by the Board; and

(b) No later than (30) days after the creation of a new pre-need funeral contract or the transfer, cancellation, or execution of an existing pre-need funeral contract, notify the Board of the name of the pre-need funeral contract beneficiary and whether any new contract is guaranteed or non-guaranteed.

3117.5 A licensee shall provide the pre-need funeral contract purchaser with a receipt for all monies received.

3117.6 A person who purchases a pre-need funeral contract may terminate the contract before any services or supplies are furnished. Refunds shall be made in accordance with the following schedule:

(a) If the pre-need funeral contract is terminated within thirty (30) days of the date of the contract, the entire amount paid, plus any interest accrued, shall be refunded; or

(b) If the pre-need funeral contract purchaser terminates the contract more than thirty (30) days after the date of the contract, the pre-need funeral contract purchaser shall be refunded:

(1) At least ninety percent (90%) of all consideration paid or delivered on nonguaranteed items;

(2) At least ninety percent (90%) of all consideration paid for guaranteed items; and

(3) All interest or income accrued on the contract.

3117.7 A pre-need funeral contract purchaser shall have the right to change the contract provider before the furnishing of the services or supplies contracted for under the pre-need funeral contract. However, if the pre-need funeral contract purchaser wishes to change the contract provider, the pre-need funeral contract must first be terminated and a new pre-need funeral contract must be executed.

3117.8 If a funeral services establishment sells its business to a new owner, the funeral services establishment shall notify the Board and file with the Board a list of all its pre-need funeral contracts and all corresponding bank records to account for all monies collected from the sale of the pre-need funeral contracts. The funeral services establishment shall also notify each pre-need funeral contract purchaser of his or her option of continuing the pre-need funeral contract or obtaining a refund under § 3117.6.

3117.9 A funeral services establishment shall establish an individual escrow account for each pre-need funeral contract or a common escrow account for all pre-need funeral contracts.

3117.10 A funeral services establishment may transfer an escrow account from one federally-insured financial institution to another federally-insured financial institution. Within thirty (30) days of a transfer, a funeral services establishment must provide the new escrow account information to each pre-need funeral contract purchaser.

3117.11 Pre-need funds shall be subject to the following provisions:

(a) With written permission from the pre-need funeral contract purchaser, the funeral services establishment may remove funds deposited and use the funds to purchase individual or group insurance coverage or establish a trust account;

(b) Any interest or dividends earned by an individual escrow account shall accrue to the benefit of the pre-need funeral contract purchaser and shall be used only for the performance of the contract; and

(c) The funeral services establishment shall not withdraw the pre-need funds from the escrow account, unless:

(1) The services and goods have been provided to the pre-need funeral contract purchaser as agreed to in the contract; and

(2) A copy of a filed or certified death certificate is obtained by the funeral establishment and filed in accordance with § 3117.3(d); or

(3) The pre-need funeral contract purchaser, appointee, or his or her legal representative, submits a notarized statement and withdrawal request stating that the funeral services establishment may:

(A) Cancel the prepaid contract; or

(B) Transfer the monies to a named substitute; or

(4) The funds are removed in accordance with paragraph (a) of this subsection.

3117.12 The Board shall investigate any violation of this section. A licensee found to be in violation of this section shall be subject to disciplinary action pursuant to section 9 of the Act (D.C. Official Code § 3-408 (2007 Repl.)) and the penalties provisions of section 18 of the Act (D.C. Official Code § 3-417 (2007 Repl.)).

3117.13 Nothing in this subsection shall be construed to prohibit the use of group or individual insurance coverage, or any other mechanism to fund a prearranged funeral, where monies do not come into the possession of a funeral director or funeral services establishment prior to the death of the beneficiary.

History

• SOURCE: Final Rulemaking published at 39 DCR 7853, 7863 (October 23, 1992); as amended by Final Rulemaking published at 59 DCR 4766 (May 11, 2012). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3117

17 DCMR § 3118 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7863 (October 23, 1992).

17 DCMR § 3119 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7863 (October 23, 1992).

17 DCMR § 3120 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3120

17 DCMR § 3121 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7864 (October 23, 1992).

17 DCMR § 3122 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3122

17 DCMR § 3123 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3123

17 DCMR § 3124 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7865 (October 23, 1992).

17 DCMR § 3125 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3125

17 DCMR § 3126 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3126

17 DCMR § 3127 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3127

17 DCMR § 3128 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3128

17 DCMR § 3129 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3129

17 DCMR § 3130 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7869 (October 23, 1992).

17 DCMR § 3131 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3131

17 DCMR § 3132 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7870 (October 23, 1992).

17 DCMR § 3133 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3133

17 DCMR § 3134 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3134

17 DCMR § 3135 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7873 (October 23, 1992).

17 DCMR § 3136 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3136

17 DCMR § 3137 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7873 (October 23, 1992).

17 DCMR § 3138 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3138

17 DCMR § 3139 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3139

17 DCMR § 3140 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3140

17 DCMR § 3141 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3141

17 DCMR § 3142 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7876 (October 23, 1992).

17 DCMR § 3143 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7876 (October 23, 1992).

17 DCMR § 3144 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7876 (October 23, 1992).

17 DCMR § 3145 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7876 (October 23, 1992).

17 DCMR § 3146 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7876 (October 23, 1992).

17 DCMR § 3147 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7876 (October 23, 1992).

17 DCMR § 3148 RESERVED

History

• Source: Final Rulemaking published at 39 DCR 7853, 7876 (October 23, 1992).

17 DCMR § 3149 [RESERVED]

History

• SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3149

17 DCMR § 3199 DEFINITIONS

3199.1 As used in this chapter, the following terms have the meanings ascribed:

Act – the District of Columbia Services Regulatory Act of 1984, D.C. Law 5-84, D.C. Code, section 2-2801 et seq.

Board – Board of Funeral Directors for the District of Columbia as established by the act.

Business day – a day other than a Saturday, Sunday, legal holiday, or other day on which the Department is officially closed.

Department – the Department of Consumer and Regulatory Affairs.

Director – the Director of the Department of Consumer and Regulatory Affairs, or the Director’s designee.

Escrow account – a bank account held in the name of a funeral services establishment that is returnable to the pre-need funeral contract purchaser or paid to a third person on the fulfillment of specified conditions.

Federally insured – a bank account insured by the Federal Deposit Insurance Corporation or by the National Credit Union Administration.

Funeral goods – personal property typically sold or provided in connection with the practice of funeral directing, including caskets, cremation or transportation containers, vaults, grave liners, funeral clothing or accessories, monuments, and grave markers.

Funeral services – services rendered in connection with the practice of funeral directing.

Funeral services establishment – a location in the District at which the practice of funeral directing is performed or the person or entity which owns the funeral business at that location.

Guaranteed pre-need funeral contract – a pre-need funeral contract for funeral services and goods that protects the purchaser from future price increases. This type of contract may allow the funeral services establishment to retain all escrow funds deposits and insurance proceeds after performance of the pre-need funeral contract.

Legal holiday – a day designated as a legal holiday by the President, the Congress, or the Mayor or Council of the District of Columbia and which is observed by the government of the District of Columbia.

License – a license issued by the Director pursuant to the act and this chapter.

Licensee – a funeral services establishment licensed by the District of Columbia.

Next of kin – the relatives and priority of relatives as set forth in section 3012.2 of Chapter 30 of this title.

Non-guaranteed pre-need funeral contract – a pre-need funeral contract for funeral services and goods that does not protect the purchaser from future price increases.

Party – a respondent, the Corporation Counsel, or any other person recognized by the Director as a party in proceedings under this chapter.

Practice of funeral directing – the care, preservation, disposal, or preparation of human remains for funeral services, burial, cremation, or transportation.

Pre-need funds – monies received to pay for a pre-need contract.

Pre-need funeral contract – a contract, agreement, or mutual understanding, or any series or combination of contracts, agreements, or mutual understandings, which has for its purpose the furnishing or performance of funeral services, or the furnishing or delivery of personal property, goods, or services of any nature in connection with the final disposition of a dead human body, to be furnished or delivered at a time determinable by the death of the person whose body is to be disposed of, and are paid to the funeral services establishment in advance of the death of the pre-need funeral contract beneficiary, but does not mean the furnishing of a cemetery lot, crypt, niche, or mausoleum. A pre-need funeral contract can be either guaranteed or non-guaranteed.

Pre-need funeral contract beneficiary – the person upon whose death the pre-need funeral contract will be performed; this person may also be the purchaser of the pre-need funeral contract.

Pre-need funeral contract purchaser – a person who purchases a pre-need funeral contract.

Respondent – a person against whom an adverse action is contemplated, proposed, or taken.

Trust account – a bank account, usually interest bearing, in which a funeral establishment deposits money belonging to a client.

History

• Source: Final Rulemaking published at 39 DCR 7853, 7876 (October 23, 1992); as amended by Notice of Final Rulemaking published at 59 DCR 4766, 4771 (May 11, 2012).

17-32 INTERIOR DESIGNERS

17 DCMR § 3200 APPLICABILITY

3200.1 This chapter shall apply to applicants for and holders of a license to practice interior design.

3200.2 Chapter 33 of this Title shall supplement this chapter.

3200.3 The provisions of this chapter shall prevail in the event of a direct and irreconcilable conflict between this chapter and Chapter 33 of this Title.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is §5(3) of the District of Columbia Interior Designer Licensure Act of 1986, D.C. Law 6-172, D.C. Code §2-3404(3) (1988), and Mayor's Order 87-277, 35 DCR 47 (January 1, 1988).
• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008).

17 DCMR § 3201 GENERAL PROVISIONS

3201.1 The Board of Architecture and Interior Designers (hereinafter referred to as the "Board"), established by the Second Omnibus Regulatory Reform Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 47-2853.01 et seq.), shall be under the administrative control of the Mayor through the Department of Consumer and Regulatory Affairs (hereinafter referred to as the "Department").

3201.2 Each interior designer member of the Board must be a licensed interior designer.

3201.3 The Board shall, at its offices, maintain a record of duly licensed interior designers that shall include their name, license number, and last known mailing address.

3201.4 Communications with Board members and Board staff shall be limited as follows:

(a) Prior to the filing of an application or after final Board action on an application, verbal and written communication with individual Board members or any member of the Board's staff shall be freely permitted; provided, however, that no member of the Board or its staff is authorized to give any indication of what specific action the Board may take upon the merits of any application which may be filed with it;

(b) Advice of a general nature may be given as to the manner of completing or submitting applications, the procedures to be followed in processing applications, and the nature of the Board's standards in evaluating applications; and

(c) While an application for licensure or an enforcement proceeding is pending before the Board, no communications may be initiated with any individual Board member concerning the matter; any inquiries must be made orally or in writing to the Board staff or in writing to the Board.

3201.5 The Board may maintain membership in the National Council for Interior Design Qualification (NCIDQ). As part of the Board's activities, the Board shall endeavor to keep up-to-date information on the recommended policies adopted by NCIDQ. The Board may cooperate with NCIDQ in establishing uniform standards of interior design registration throughout the United States, but is under no obligation to do so.

3201.6 Any forms prepared in accordance with this chapter or the Act shall be made available upon request.

3201.7 Fees associated with licensure and registration may be found in Title 17 DCMR Chapter 35.

3201.8 The Department shall maintain copies of all records and papers pertaining to licensure, certification, registration, inspections, investigations, and other matters under the jurisdiction of the Board. Copies of all records and papers duly certified and authenticated by the Board or its staff shall be received in evidence in all courts equally and with like effect as the original.

3201.9 Public records kept by the Department on behalf of the Board under the authority of this section shall be open to public inspection pursuant to the D.C. Freedom of Information Act. None of any licensed interior designer's examination record shall be considered public record.

3201.10 The Board shall meet in public session not less than four (4) times per year and shall publish notice of the time and place of each public meeting in the D.C. Register at least one (1) week in advance of the meeting. The public has the right to appear before the Board and testify on subjects within the Board's jurisdiction.

3201.11 The Chairperson shall be elected from among the members of the Board and shall have authority to sign all official documents issued on behalf of the Board, after approval by the Board.

3201.12 Four (4) members of the Board shall constitute a quorum.

3201.13 Once quorum is established, a majority vote of all Board members present and voting is necessary for any action taken by the Board.

3201.14 Board members may convene in committees of no less than three (3) Board members to carry out specific functions of the Board, provided the full Board ratifies the actions of any committee.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008).

17 DCMR § 3202 LICENSURE BY EXAMINATION

3202.1 Except as otherwise provided in this chapter, in order to be licensed to practice interior design, an applicant shall pass the examination administered by the National Council for Interior Design Qualification (NCIDQ).

3202.2 An applicant who passed the national examination prior to the effective date of this chapter shall not be required to retake the examination.

3202.3 The passing score on the national examination shall be a passing score on each section that forms a part of the examination by the NCIDQ.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008).

17 DCMR § 3203 EDUCATION

3203.1 Applicants shall possess a current certificate from NCIDQ showing that they have met NCIDQ's education and experience requirements.

3203.2 Applicants shall include a certified copy of the NCIDQ certificate with their application.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008).

17 DCMR § 3204 RECIPROCAL LICENSURE

3204.1 An applicant for a license by reciprocity shall furnish proof satisfactory to the Board that the following requirements are met:

(a) The applicant is licensed and in good standing as an interior designer in a jurisdiction of the United States with requirements that are substantially equivalent to the requirements of the Act and this chapter;

(b) The jurisdiction in which the applicant is licensed admits interior designers licensed by the District of Columbia in like manner; and

(c) The applicant has paid the required fees to the District.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008).

17 DCMR § 3205 DISPLAY OF LICENSE

3205.1 A licensee shall display his or her license conspicuously in the licensee's principal place of business or employment.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008).

17 DCMR § 3206 TERM OF LICENSE

3206.1 A license to practice interior design shall expire at midnight of October 31st of each even numbered year.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008).

17 DCMR § 3207 LICENSE RENEWAL

3207.1 A licensed interior designer shall not file an application for renewal if the Board has suspended the applicant's license.

3207.2 At least sixty (60) days prior to the expiration of a license, the Board shall send a renewal application by first class mail to the holder of a license at the licensee's known address on record with the board.

3207.3 A holder of a license shall meet all of the requirements for license renewal prior to the issuance of the renewal.

3207.4 A holder of a license shall provide the Board a street address for the licensee's residence, not a post office box, and shall notify the Board in writing of any change of home or business address within thirty (30) days of the change.

3207.5 The failure of a holder of a license to receive the notice required by § 3207.2 of this chapter does not relieve the holder of the responsibility of renewing the license.

3207.6 An applicant for renewal of an interior designer's license shall submit the renewal application in a timely manner to the Board and shall complete the continuing education requirements before the expiration date of the license.

3207.7 Unless an extension of time has been granted pursuant to § 3210 of this chapter, the Board shall deny an application for renewal if the applicant has not completed the continuing education requirements prior to the expiration date of the license.

3207.8 A holder of a license who fails to renew before the expiration date may renew the license within sixty (60) days after expiration by completing all renewal requirements and paying an additional late renewal fee. Upon renewal, the holder shall be deemed to have possessed a valid license during the period between the expiration of the license and its renewal.

3207.9 If an applicant for renewal of a license fails to submit proof of completion of continuing education requirements or pay the late renewal fee within sixty (60) days after the expiration of the applicant's license, the license shall be considered to have lapsed on the date of expiration.

3207.10 Denial of an application for renewal for failure to complete the continuing education requirements shall require the applicant to complete the continuing education requirements prior to submitting an application for reinstatement.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008).

17 DCMR § 3208 INACTIVE STATUS

3208.1 Upon application by a licensee and payment of the required fee, the Board shall place a licensee on inactive status.

3208.2 While on inactive status, an individual shall not practice, attempt to practice, or offer to practice interior design in the District of Columbia.

3208.3 A licensee may remain on inactive status for up to five (5) years from the date of application and shall notify the Board of any address change within thirty (30) days of the change.

3208.4 The Board shall issue a license to an individual who is on inactive status and who desires to resume practice, if the individual meets the following requirements:

(a) Files an application with the Board;

(b) Pays the required fees;

(c) Demonstrates compliance with all continuing education requirements; and

(d) Complies with all current requirements for license renewal.

3208.5 A lapsed license cannot be placed on inactive status. The license must first be reinstated, as provided in D.C. Official Code § 47-2853.15, provided the license has not been expired for more than five (5) years.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008).

17 DCMR § 3209 SCOPE OF PRACTICE

3209.1 For the purposes of this chapter, the term "practice of interior design" means providing or offering to provide consultations, preliminary studies, drawings, specifications, or any related service for the design analysis, programming, space planning, or aesthetic planning of the interior of buildings, using specialized knowledge of interior construction, building systems and components, building codes, fire and safety codes, equipment, materials, and furnishings, in a manner that will protect and enhance the health, safety, and welfare of the public whether one or all of these services are performed either in person or as the directing head of an organization. The practice of interior design does not include the practice of architecture, as defined in D.C. Official Code § 47-2853.61.

3209.2 This chapter shall not require a license for, or restrict or prohibit an individual from engaging in, any activity or service described in § 3209.1 of this chapter, if the individual is a licensed architect engaged in the practice of architecture pursuant to the laws of the District of Columbia. An individual licensed as an architect may not utilize the title "Interior Designer" unless the individual is also a licensed interior designer.

3209.3 For the purposes of this chapter, the issuance of a building permit by the Department under the authority of the District of Columbia Construction Codes shall not constitute a license to engage in an activity or service enumerated in § 3209.1 of this chapter.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008).

17 DCMR § 3210 CONTINUING EDUCATION REQUIREMENTS FOR LICENSEES FOR RENEWAL OR REINSTATEMENT OF A LICENSE

3210.1 This section shall apply to all applicants for the renewal or reinstatement of a license to practice interior design, except those applicants seeking first renewal of a license granted by examination.

3210.2 A continuing education credit shall be valid only if it is part of a program approved by the Board in accordance with § 3211 of this chapter.

3210.3 An applicant for renewal of a license shall have completed ten (10) contact hours of credit in approved continuing education programs during the term of the license.

3210.4 An applicant under this section shall submit with their renewal or reinstatement application an attestation of their having completed the required continuing education credits. The attestation shall include the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program; and

(d) The hours of credit claimed.

3210.5 The Board may, in its discretion, grant an extension of the sixty (60) day period, up to a maximum of one (1) year, for renewal after expiration, if the applicant’s failure to complete the continuing education requirements was for good cause.

3210.6 For purposes of this section, good cause shall include the following:

Serious and protracted illness of the applicant, who submits a doctor’s statement verifying the illness;

The death or serious and protracted illness of a member of the applicant’s immediate family, which death or illness resulted in the applicant’s inability to complete the continuing education requirements within the specified time. For the purposes of this subsection, the term “immediate family” means the applicant’s spouse and any parent, brother, sister, or child of the applicant and the spouse of any such parent, brother, sister, or child; or

Active military service.

3210.7 An extension granted under this section shall not relieve an interior designer from complying with the continuing education requirement for the next renewal period.

3210.8 An applicant for the renewal of a license who fails to complete the continuing education requirements by or before the expiration date may renew the license within sixty (60) days after expiration by completing the outstanding hours and by paying the required late fee. Any hours obtained after licensure expiration and claimed for late renewal shall not be creditable for the next renewal period. Upon renewal, the Board shall deem the applicant to have possessed a valid license during the period between the expiration of the license and its renewal.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008); as amended by Final Rulemaking published at 59 DCR 9963 (August 17, 2012); as amended by Final Rulemaking published at 71 DCR 008015 (July 12, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3210

17 DCMR § 3211 APPROVED CONTINUING EDUCATION PROGRAMS

3211.1 The Board, at its sole discretion, may approve continuing education programs that contribute to the growth of an applicant in professional competence in the practice of interior design and which meet the other requirements of this section.

3211.2 To qualify for approval by the Board, a continuing education program shall:

(a) Provide instruction in one (1) of the following subjects:

(1) An area of practice enumerated in § 3209 of this chapter;

(2) An area of knowledge which advances consumer protection; or

(3) An area of health, safety, and welfare; and

(b) Be prepared, offered, administered, or accepted by one (1) of the following:

An entity holding organizational membership in the Interior Design Continuing Education Council (IDCEC) or its successor organization; or

The Council for Interior Design Qualification (CIDQ).

3211.3 Prior to attending a program, an applicant must verify whether IDCEC has approved the program.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008); as amended by Final Rulemaking published at 59 DCR 9963, 9964 (August 17, 2012); as amended by Final Rulemaking published at 71 DCR 008015 (July 12, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3211

17 DCMR § 3212 DISCIPLINARY ACTIONS

3212.1 Upon providing notice and an opportunity for hearing in accordance with the Act and Chapter 33 of this Title, the Board may revoke, suspend, refuse to renew, or deny an application for a license by a licensee or applicant for any violation of this Chapter or the Act.

3212.2 If the Board determines that there is a violation of this chapter or the Act, the Board may take any of the actions specified in § 3212.1 of this chapter or any one or more of the following lesser actions:

(a) Reprimand the interior designer;

(b) Place the interior designer on probation for a specified period;

(c) Impose limitations on the license of the interior designer; or

(d) Require a course of remediation approved by the Board that may include retraining and, at the discretion of and in the manner prescribed by the Board, reexamination.

3212.3 If the Board places an interior designer on probation, imposes a limitation on the license of an interior designer, or requires a course of remediation, the Board may provide that if the interior designer fails to satisfy the conditions of probation, observe the limitations imposed on the license, or complete the course or remediation, the Board may suspend or revoke the interior designer's license.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008).

17 DCMR § 3213 RULES OF CONDUCT/CODE OF ETHICS

3213.1 Obligations of a licensed interior designer

(a) A licensed interior designer shall:

(1) Conform to existing laws, regulations, and codes governing procedures and the practice of interior design as established by the jurisdictions in which he or she conducts business;

(2) Maintain appropriate license in good standing in any jurisdiction in which he or she conducts business;

(3) Perform professional services with consideration to the health, life, safety, and welfare of the public;

(4) Serve his or her clients by only undertaking projects and responsibilities within his or her professional capacity and competence and within the definition according to the laws of his or her license;

(5) Clearly set forth the scope and nature of a project, services to be performed, and all methods of compensation for those services;

(6) Fully disclose to the end user all compensation in connection with a project and refuse to accept any form of undisclosed compensation from any person, firm, or vendor connected to the project; and

(7) Disclose to the regulating jurisdiction any knowledge he or she might have regarding unlicensed activity or other violations of the jurisdiction's statutes by other persons.

(b) A licensed interior designer shall not:

(1) Seal or sign drawings, specifications or other interior design documentation except where the licensed interior designer has prepared, supervised or professionally reviewed and approved such documents, as allowed by relevant jurisdictional law;

(2) Engage in any form of misleading or false advertising or promotional activities nor imply, through advertising or any other means, that staff members or employees of his or her firm are licensed unless such is fact;

(3) Engage in conduct involving fraud, deceit, misrepresentation or dishonesty in professional or business activity, by either affirmative act or failure to act;

(4) Attempt to obtain a contract to provide interior design services or assist others in such an attempt through any unlawful means;

(5) Offer or make payment or gifts to any public official or stake holder with the intent to influence or compromise their judgment;

(6) Assist or abet improper or illegal conduct of anyone in the performance of interior design services;

(7) Materially change the scope or nature of a project without the client's consent; or

(8) Conceal or fail to disclose any criminal record or suspension or revocation of license in any jurisdiction.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008).

17 DCMR § 3214 SEAL OF AN INTERIOR DESIGNER

3214.1 Each licensed interior designer shall procure a seal, which shall contain the name of the licensed interior designer, his or her license number, and the words LICENSED INTERIOR DESIGNER-DISTRICT OF COLUMBIA. This seal shall comply in all respects, including size and format, with the specimen shown below:

3214.2 Any interior design construction documents, including drawings, plans, specifications, or reports prepared or issued by the licensed interior designer and being filed for public record with any jurisdiction or local building department for the purposes of obtaining a building permit, shall bear the signature and seal of the licensed interior designer who prepared or approved the document and the date on which they were sealed. The seal shall be evidence of the authenticity of the document. Interior design construction documents bearing the seal of a licensed interior designer shall be accepted for filing by the appropriate jurisdiction or local building department.

3214.3 No licensed interior designer shall affix or permit to be affixed his or her seal or signature to any plan, specification, drawing, or other document which depicts work which he or she is not competent to perform.

3214.4 No licensed interior designer shall affix his or her signature or seal to any plan, specifications or other document that was not prepared by him or her or under his or her responsible supervisory control or by another interior designer and reviewed, approved, or modified and adopted under his or her responsible supervisory control according to the rules adopted by the Board.

3214.5 When the license of a licensed interior designer has been revoked or suspended by the Board, the licensed interior designer shall surrender his or her seal to the secretary of the Board within a period of thirty (30) days after the revocation or suspension has become effective. If the license of the interior designer has been suspended for a period of time, his or her seal shall be returned upon expiration of the suspension period. The seal shall not be used for any purpose after the effective date of any suspension or revocation.

3214.6 The licensed interior designer, when affixing his or her seal to plans, drawings, specifications, or other instruments of services, shall affix his or her name, by manual signature or electronic signature, across the printed image of the seal. An electronic signature must be:

(a) Unique to the person using it;

(b) Capable of verification;

(c) Under the sole control of the person using it; and

(d) Linked to a document in such a manner that the electronic signature is invalidated if any data in the document is changed.

3214.7 All plans, drawings, specifications, or other instruments of services shall be identified as interior design documents.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008); as amended by Final Rulemaking published at 59 DCR 9963, 9965 (August 17, 2012).

17 DCMR § 3215 CONTINUING EDUCATION: RECORDKEEPING AND AUDIT REQUIREMENTS

3215.1 A licensee shall be responsible for documenting their completion of the required continuing education and shall bear the burden of providing satisfactory proof of completion and establishing that any program or activity for which credit is claimed complies with the standards set forth in § 3210.

3215.2 A licensee shall retain course documentation for six (6) years after completing a continuing education program or activity for which credit is claimed. Acceptable documentation shall include, but is not limited to, the following:

A certificate of successful completion from the sponsor which includes the following information:

The name of the sponsor of the program;

The name of the program and a description of the subject matter covered;

The dates on which the licensee attended the program; and

The hours of credit earned; and

(b) A copy of the course outline prepared by the course sponsor or provider;

(1) In the case of courses taken at an accredited university and college, proof of satisfactory completion of the course, including the name of the college or university, name of the course, date of completion, and the number of hours of earned, along with a copy of the course syllabus;

(2) In the case of licensees claiming credit for publication of a technical paper, article, or book, satisfactory proof of its publication; or

(3) Other comparable proof deemed satisfactory by the Board.

3215.3 The Board may, as it deems appropriate, conduct an audit of active licensees to determine compliance with the continuing education requirements.

3215.4 Upon notification by the Board that a licensee has been selected for an audit, the licensee shall submit proof of his or her compliance with the continuing education requirements in accordance with § 3210 within thirty (30) days of receipt of the notice.

3215.5 A licensee who fails to provide proof of continuing education compliance during an audit may be subject to another audit in the subsequent licensure term.

3215.6 If the Board determines that the licensee has not met his or her continuing education requirement in accordance § 3210, the Board may either grant an additional period of time in which the deficiencies can be cured or impose disciplinary action in accordance with the Act.

History

• SOURCE: Final Rulemaking published at 71 DCR 008015 (July 12, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3215

17 DCMR § 3299 DEFINITIONS

3299.1 As used in this chapter, the following words and phrases shall have the meanings ascribed:

Act - The Second Omnibus Regulatory Reform Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 47-2853.01 et seq.) (2001).

Aesthetic planning - The selection of colors, materials, and finishes to appropriately convey the design concept, and to meet socio-psychological, functional, maintenance, life-cycle performance, environmental, and safety requirements.

Applicant - A person who has submitted an application for licensure to the Board. Board - The Board of Architecture and Interior Designers, as established by the Act.

Building shell - The architecture of an existing building, including the framework, the perimeter/exterior walls, the building core and columns, and other structural, load-bearing elements of the building.

Contact hour - A period of sixty (60) minutes of instruction in a continuing education program. One (1) contact hour equals one tenth (0.1) of a continuing education unit.

Construction documents - The detailed drawings that define the work to be constructed. This may include partition plans, power and communications plans, reflected ceiling plans, material and finishes plans, and furniture layout plans, as well as elevations, sections and details, along with the drawings of associated consultants.

Consultations - Research and analysis of the client's goals and requirements, and the development of documents, drawings, and diagrams that outline those needs.

Design analysis - Building design based on systematic, behavioral, or user criteria, rather than intuitively developed notions of what is required.

Electronic signature – A digital authentication process which is attached to, or logically associated with, an electronic document.

Environmental - The aggregate of the physical conditions of the interior environment that affects the health and safety of the occupants, including air quality and circulation, temperature control, ergonomic layout, physical circulation plan, and related matters.

IDCEC - The Interior Design Continuing Education Council.

Interior design - A multi-faceted profession in which creative and technical solutions are applied within a structure to achieve a built interior environment. These solutions are functional, enhance the quality of life and culture of the occupants, and are aesthetically attractive. Designs are created in response to and coordinated with the building shell, and acknowledge the physical location and social context of the project. Designs must adhere to code and regulatory requirements, and encourage the principles of environmental sustainability. The interior design process follows a systematic and coordinated methodology, including research, analysis, and integration of knowledge into the creative process, whereby the needs and resources of the client are satisfied to produce an interior space that fulfills the project goals.

Licensed interior designer - A person licensed to practice interior design under this chapter who is qualified by education, experience, and examination to affect the function, safety and quality of interior spaces and who renders or offers to render interior design services.

Maintenance - The ability of a product or material to be kept to its proper condition, and the work required to sustain that condition over the life of that material.

Manual signature – The handwritten name of a person applied to a document that identifies the person, serves as a means of authentication of the contents of the document, and provides responsibility for the creation of the document and accountability for the contents of the document.

National examination - The examination administered by the National Council for Interior Design Qualification.

NCIDQ - The National Council for Interior Design Qualification.

Partition - A wall that does not support a vertical load of a structure other than its own weight, but that may support loads attached to it such as cabinetry, shelving, or grab bars; and that does not extend further than from the floor of an interior area of a structure designed for human habitation or occupancy to the underside of the deck of that structure.

Programming - The scope of work which includes conducting research; identifying and analyzing the needs and goals of the client or occupant of the space; evaluating existing documentation and conditions; assessing project resources and limitations; identifying life, safety, and code requirements; and developing project schedules and budgets.

Reflected ceiling plan - A ceiling design that illustrates a ceiling as if it was projected downward and may include lighting and other elements.

Responsible supervisory control - The direct responsibility for supervision by a licensed interior designer of the work and the decision making process, i.e., to review, enforce, and control compliance with all design criteria and life safety requirements. Each location designated for the practice of interior design must have a licensed interior designer who shall bear the regulatory responsibility for any interior design work at that location. This licensed interior designer must provide responsible supervisory control over any non-licensed persons working in the practice of interior design at that location.

Signature – Includes manual signature or electronic signature.

Space planning - The analysis and design of spatial and occupancy requirements, including space layouts and final planning.

Specifications - The detailed written description of construction, workmanship, and materials of the work to be undertaken.

Sustainability - The use of resources in such a way that they are not depleted; a method of practice or use of materials that is capable of being continued with minimal long-term effect on the environment.

3299.2 The definitions in § 3399 of Chapter 33 of this Title are incorporated by reference and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 55 DCR 5441 (May 9, 2008); as amended by Final Rulemaking published at 59 DCR 9963, 9965 (August 17, 2012).

17-33 NON-HEALTH OCCUPATIONS: GENERAL RULES

17 DCMR § 3300 APPLICABILITY

3300.1 This chapter shall apply to applicants for and holders of a license to practice a profession or occupation regulated by the following boards:

(a) The Board of Funeral Directors for the District of Columbia, established by § 4 of the District of Columbia Funeral Services Regulatory Act of 1984 (D.C. Law 5-84; D.C. Official Code §§ 3-401 et seq. (2016 Repl.));

(b) REPEALED;

(c) The Board of Real Estate Appraisers, established by § 2(c) of the Non-Health Related Occupations and Professions Licensure Amendment Act of 2006 (D.C. Law 16-130; D.C. Official Code § 47-2853.06(g) (2015 Repl.));

(d) The Barber and Cosmetology Board, established by the Second Omnibus Regulatory Reform Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 47-2853.06(c) (2015 Repl.));

(e) The Board of Professional Engineering, established by the Second Omnibus Regulatory Reform Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 47-2853.06(c) (2015 Repl.));

(f) The Board of Architecture, Interior Design, and Landscape Architecture, established by the Second Omnibus Regulatory Reform Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 47-2853.06(a)); and as amended by the Regulation of Landscape Architecture and Professional Design and Professional Design Firm Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-249; D.C. Official Code § 47-2853.06(a)).

(g) The Board of Industrial Trades, established by The Non-Health Related Occupations and Professions Licensure Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 47-2853.06(d) (2015 Repl.)).

3300.2 This chapter shall be supplemented by the District of Columbia Administrative Procedure Act, D.C. Code §§ 1-1501 to 1-1511 (1987 Repl. Vol.), the Acts listed in § 3300.1, and rules promulgated pursuant to those Acts.

3300.3 Other chapters of this title applying to individual boards promulgated pursuant to an Act listed in § 3300.1 shall prevail over this chapter in the event of a direct and irreconcilable conflict with this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488 (May 13, 1988); as amended by Final Rulemaking published at 50 DCR 7699(September 12, 2003); as amended by Final Rulemaking published at 53 DCR 5846(July 21, 2006); as amended by Final Rulemaking published at 54 DCR 8783 (September 7, 2007); as amended by Final Rulemaking published at 55 DCR 5454(May 9, 2008); as amended by Final Rulemaking published at 65 DCR 11476 (October 12, 2018); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021); as amended by Final Rulemaking published at 71 DCR 008015 (July 12, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3300

17 DCMR § 3301 APPLICATION FOR A LICENSE

3301.1 An applicant for a license under an Act listed in § 3300.1 shall do the following:

(a) Submit a completed application on the prescribed form to the board regulating the occupation or profession;

(b) Have the application sworn to before a notary public;

(c) Submit with the application two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2");

(d) Pay the required application fee; and

(e) Arrange for the submission directly to a board of all required supporting credentials, documents, and materials, including transcripts, references, and test scores.

3301.2 A board may not presume qualifications that are not shown on an application.

3301.3 A board may refuse to act on an application and may require the applicant to submit a new application if the application contains incomplete or evasive information.

3301.4 If a board determines that an application is not in compliance with § 3301.1, the Director shall return the application unless the board determines that the deficiency is minor. If the application is returned, the Director may, in the Director's discretion, return the application fee to the applicant.

3301.5 If a board determines that an application is not in compliance with § 3301.1, but that the deficiency is minor, the Director shall send a notice of the deficiency to the applicant. Upon receipt of the notice, the applicant shall correct the deficiency within thirty (30) days or other period specified in the notice.

3301.6 If the applicant fails to correct the deficiency within the required period, the application shall lapse and the applicant is required to submit a new application and pay the required fees to be considered for a license.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3489 (May 13, 1988).

17 DCMR § 3302 EXAMINATION

3302.1 An applicant desiring to take a national examination shall submit an application in compliance with § 3301.1 to a board regulating the occupation or profession at least ninety (90) days prior to the date of that examination.

3302.2 An applicant who has previously taken that examination shall submit such an application at least sixty (60) days prior to the date of that examination.

3302.3 An applicant may not take the national examination unless the materials required by § 3301.1(e) are received by a board at least forty-five (45) days prior to the date of that examination. The board may, in its discretion, permit an applicant to take an examination on a provisional basis although transcripts or other materials have not been received within this period.

3302.4 A board may, in its discretion, reduce the required periods in §§ 3302.1 and 3302.2.

3302.5 The Director shall notify each applicant of the date, time, and place of the examination and of any examination procedures at least ten (10) business days prior to the date of the examination.

3302.6 The Director shall arrange for suitable space for an examination, designate persons to proctor the examination, and provide for adequate security to ensure the integrity of the examination process.

3302.7 The Director shall notify each applicant whether the applicant passed the examination as soon as practicable after the Director receives the examination results unless the applicant is notified directly by a testing service.

3302.8 An applicant who fails an examination may not challenge the results of the examination before a board or the Director.

3302.9 If a testing service informs a board in writing that it erroneously determined that an applicant failed an examination and certifies that the applicant passed the examination, the board shall grant a license to the applicant if the applicant has met all other qualifications for a license and has paid all required fees.

3302.10 If an applicant does not take an examination, the Director shall not refund the application fee or credit it to another examination unless a board determines that the applicant was unable to take the examination for good cause. For purposes of this subsection, "good cause" includes the following:

(a) Illness or injury; or

(b) Death or serious illness of or injury to a member of the applicant's immediate family.

3302.11 A board, in making a determination under § 3302.10, may require a doctor's certificate or other satisfactory evidence of illness or injury.

History

• SOURCE: Final Rulemaking published at 35 DCR 3988, 3490 (May 13, 1988).

17 DCMR § 3303 CHEATING ON AN EXAMINATION

3303.1 No person shall cheat or assist another in cheating on an examination required by an Act listed in § 3300.1 or rules promulgated pursuant thereto.

3303.2 As used in this section, "cheating" includes, but is not limited to, the following:

(a) Communication relating to the examination between applicants inside or outside of an examination room or copying another applicant's answers while an examination is in progress;

(b) Communication relating to an examination with others outside of an examination room while the examination is in progress;

(c) Substitution by an applicant of another person to sit in an examination room in the applicant's place; and

(d) Use of crib sheets, text books, or other materials not authorized by a board inside or outside an examination room while an examination is in progress.

3303.3 If a person designated to proctor an examination suspects that an applicant is cheating or has cheated on the examination, the person shall do the following:

(a) If necessary, seat the applicant in a segregated location for the remainder of the examination;

(b) Keep a record of the applicant's seat location and identification number, and the names and identification numbers of the applicants on either side of the applicant;

(c) Confiscate any materials or devices that are suspected of being used by the applicant to cheat on the examination;

(d) Permit the applicant to complete the examination; and

(e) Notify the testing service, the board, and the Director that the applicant is suspected of cheating and provide a board with a copy of the examination booklet and any evidence obtained by the person proctoring the examination.

3303.4 If a board has cause to believe that an applicant has cheated or has failed to comply with an instruction of a proctor given pursuant to § 3303.3, it may propose to deny a license, impose a civil fine, or take other actions under this chapter.

3303.5 If a board determines that an applicant cheated on an examination, in addition to any other consequences, the applicant shall not be eligible to take another examination for a period of one (1) year from the date of the decision of a board, or other period established by a board in its order.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3491 (May 13, 1988).

17 DCMR § 3304 ISSUANCE OF A LICENSE

3304.1 After a determination by a board that an applicant meets all of the requirements for a license, including the payment of all required fees, the Director shall issue the license to the applicant.

3304.2 The Director shall indicate on the face of a license any restriction thereon required by a board.

3304.3 An applicant for a license who is notified that the application is approved shall pay the required license fee within one hundred and eighty (180) days of the date of the initial notice.

3304.4 The Director shall send the notice by first class mail to the applicant at the applicant's address on file with the Director. If the applicant fails to pay the required fee within this period, the application shall lapse and the applicant shall be required to submit a new application and pay the required application fees to be eligible for a license.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3492 (May 13, 1988).

17 DCMR § 3305 RENEWAL OF A LICENSE

3305.1 The Director shall send a renewal application to a practitioner by first class mail to the practitioner's address on file with the Director at least sixty (60) days prior to the expiration of the license.

3305.2 The practitioner shall meet all of the requirements for renewal prior to the issuance of the renewal.

3305.3 A practitioner shall notify the Department in writing of any change of home or business address within thirty (30) days of the change of address.

3305.4 The failure of a practitioner to receive the notice required by § 3305.1 does not relieve the holder of the responsibility of renewing the license.

3305.5 A practitioner who fails to renew prior to the expiration date may renew the license within sixty (60) days after expiration upon paying the required late fee. Upon renewal, the practitioner shall be deemed to have possessed a valid license during the period between the expiration of the license and the renewal thereof.

3305.6 If a practitioner fails to renew the license within sixty (60) days after its expiration, the license shall be deemed to have lapsed on the date of expiration, and the practitioner shall be required to apply for reinstatement and pay the required reinstatement fee.

3305.7 The Director may require an applicant for renewal to provide information on the application for statistical purposes.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3492 (May 13, 1988).

17 DCMR § 3306 TERM OF A LICENSE

3306.1 The term of a license issued or renewed pursuant to an act listed in § 3300.1 is two (2) years and shall expire on the date established by the chapter of this title relating to the particular occupation or profession unless the Director changes the renewal system pursuant to § 3306.2.

3306.2 The Director may change the renewal system to a system whereby a license expires on the last day of the month of the birthdate of the applicant for or holder of the license, or to another system, for the administrative convenience of the Director.

3306.3 If the Director changes the renewal system under § 3306.2, in order to permit an orderly transition, the term of a license that is in effect on the date of the Director's determination may be extended up to three (3) years.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3493 (May 13, 1988).

17 DCMR § 3307 REGULATION OF APPLICANTS FOR ANY HOLDERS OF CERTIFICATES OR REGISTRATIONS

3307.1 A board or the Director may take any action against an applicant for or holder of a certificate or registration that a board is authorized to take against an applicant for or holder of a license pursuant to an Act listed in § 3300.1.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3493 (May 13, 1988).

17 DCMR § 3308 REINSTATEMENT OF AN EXPIRED LICENSE

3308.1 This section applies to applicants for reinstatement of an expired license issued under the following:

(a) An act listed on § 3300.1; or

(b) A law repealed or amended by an act listed in § 3300.1.

3308.2 An applicant for reinstatement under this section shall file an application with a board on the prescribed form and shall pay the required reinstatement fee.

3308.3 An applicant for reinstatement under this section shall demonstrate fitness to resume practice by submitting evidence satisfactory to a board that the applicant has the competency and knowledge of District and federal laws necessary to resume practice and that the applicant's resumption of practice will not be detrimental to the public interest or the integrity of the occupation or profession.

3308.4 In making a determination pursuant to § 3308.3, a board shall consider the following:

(a) The length of time that the applicant had practiced in the District or another jurisdiction;

(b) The length of time after expiration of the applicant's license that the applicant was not practicing either in the District or another jurisdiction;

(c) The applicant's violations of any laws;

(d) The applicant's present character; and

(e) The applicant's present qualifications and competency to practice.

3308.5 A board may require an applicant to complete certain educational or training requirements, in addition to any continuing education requirements, prior to or after reinstatement, to ensure that the applicant is competent to practice.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3494 (May 13, 1988).

17 DCMR § 3309 REINSTATEMENT AFTER REVOCATION

3309.1 A person whose license to practice an occupation or profession has been revoked, or whose application for reinstatement has been denied, shall be ineligible to apply for reinstatement for a period of one (1) year from the date of the revocation or denial unless otherwise provided in the order of revocation or denial.

3309.2 An applicant for reinstatement under this section shall file an application with a board on the prescribed form and shall pay the required reinstatement fee.

3309.3 In addition to the requirements of § 3309.2, an applicant for reinstatement shall demonstrate fitness to resume practice by submitting evidence satisfactory to a board that the applicant has the integrity, competency, and knowledge of District and federal laws necessary to resume practice, and that the applicant's resumption of practice will not be detrimental to the public interest or the integrity of the applicant's occupation or profession.

3309.4 In making a determination pursuant to § 3309.3, a board may consider, among other factors, the following:

(a) The nature and circumstances of the conduct, or the mental or physical condition, for which the applicant's license was revoked;

(b) The applicant's recognition and appreciation of the seriousness of any misconduct;

(c) The applicant's conduct, or mental or physical condition, since the revocation, including steps taken by the applicant to remedy prior misconduct and prevent future misconduct, or to remedy the mental or physical condition;

(d) The length of time that the applicant had practiced in the District or another jurisdiction;

(e) The length of time after expiration of the applicant's license that the applicant was not practicing either in the District or another jurisdiction;

(f) The applicant's present character; and

(g) The applicant's present qualification and competency to practice the occupation or profession.

3309.5 A board may require an applicant to complete specified educational or training requirements, in addition to any continuing education requirements, prior to or after reinstatement, to ensure that the applicant is competent to practice.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3495 (May 13, 1088).

17 DCMR § 3310 FALSE OR MISLEADING COMMUNICATIONS AND ADVERTISING

3310.1 A practitioner shall not make or cause to be made a false or misleading communication about the practitioner's occupation or profession, or services.

3310.2 A practitioner shall not falsely represent that the practitioner is certified by, a member of, or otherwise endorsed by, a professional society, association, or other organization.

3310.3 A practitioner shall not communicate that the practitioner specializes in a particular field of the practitioner's occupation or profession unless the practitioner is in fact a specialist in the particular field or possesses a certificate required by the occupation or profession to be a specialist in the field.

3310.4 Subject to this section, a practitioner may advertise services through media such as a telephone directory, legal director, newspaper or other periodical, radio or television, or written communication not involving personal contact.

3310.5 As used in this section, a communication is "false" or "misleading" if it:

(a) Contains a material misrepresentation or omits to make a representation necessary to make the statement considered as a whole not misleading; or

(b) Contains an assertion about the practitioner or the practitioner's occupation or profession, or services, which cannot be substantiated.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3496 (May 13, 1988).

17 DCMR § 3311 REFERRAL FOR PROSECUTION OF PERSONS COMMITTING CERTAIN OFFENSES

3311.1 A District employee or member of a board shall inform the Director and a board if the employee or board member has good cause to believe that a person has committed one of the following offenses in connection with an application for a license or in any proceeding before a board:

(a) Wilfully making a false statement of a material fact under oath at a hearing or other proceeding which the person does not believe is true and in fact is not true in violation of D.C. Code § 22-2511 (1987 Supp.) (perjury);

(b) Wilfully procuring another to commit perjury in violation of D.C. Code § 22-2512 (1987 Supp.) (subornation of perjury);

(c) Wilfully making a false statement of a material fact on an application or other official document that was sworn to before a notary public in violation of D.C. Code § 22-2513 (1987 Supp.) (false swearing); or

(d) Wilfully making a false statement in writing of a material fact which statement could reasonably be expected to be relied upon as true in violation of D.C. Code § 22-2514 (1987 Supp.) (false statements).

3311.2 If a board or the Director determines that there is good cause to believe that a person committed one of the offenses listed in § 3311.1, the board or Director may refer the matter to the appropriate official for prosecution.

3311.3 All application forms for a license under this title shall contain a notice stating in substance the following:

The making of a false statement on this application or on documents required by this application is punishable by criminal penalties.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3496 (May 13, 1988).

17 DCMR § 3312 STANDARD OF REVIEW FOR EVALUATING THE CRIMINAL HISTORY OF AN APPLICANT FOR LICENSURE OR CANDIDATE FOR SUSPENSION OR REVOCATION OF A LICENSE

3312.1 No application for any license shall be denied and no licensee shall have his or her license suspended or revoked, by reason of the applicant or licensee having been convicted of one or more criminal offenses in the District of Columbia or another jurisdiction, unless the board with jurisdiction over the matter first evaluates the applicant’s or licensee’s fitness to engage in the profession or occupation in accordance with § 3312.4, § 3312.5, or both.

3312.2 The fitness of applicants and holders of the following licenses shall be evaluated in accordance with both § 3312.4 and § 3312.5:

(a) Asbestos worker or supervisor;

(b) Barber;

(c) Body artist

(d) Cosmetologist;

(e) Electrician;

(f) Funeral director;

(g) Operating engineer;

(h) Plumber/gasfitter;

(i) Refrigeration and air conditioning mechanic; and

(j) Steam engineer.

3312.3 When a board seeks to deny, revoke, or suspend a license that is not listed in § 3312.2, the board shall only be required to apply the criteria set forth in § 3312.5.

3312.4 When a board bases a decision to deny, suspend, or revoke licensure for a license listed in § 3312.2 on the criminal history of an applicant or licensee, the board must show:

(a) There is a potential direct relationship between the nature of one or more of the criminal offenses and the specific license sought or held; or

(b) The issuance or retention of the license could involve an unreasonable risk to property, safety, or welfare of specific individuals or the general public

3312.5 In making a determination of fitness in light of a criminal history, the board shall consider the following factors:

(a) The specific duties and responsibilities necessarily related to the license;

(b) The bearing, if any, the criminal offense or offenses for which the person was convicted will have on his fitness or ability to perform one or more such duties or responsibilities under the license;

(c) The time that has elapsed since the occurrence of the criminal offense or offenses;

(d) The age of the person at the time of occurrence of the criminal offense or offenses;

(e) The nature and seriousness of the offense or offenses;

(f) Any information produced by the person, or produced on his behalf, concerning his or her rehabilitation and good conduct; and

(g) The legitimate interest of the public agency in protecting property, the safety, or welfare of specific individuals or the general public.

3312.6 In making a determination pursuant to § 3312.5, the board or commission shall also consider a certificate of relief from disabilities or a certificate of good conduct issued to the applicant or licensee. Only a certificate issued by the District of Columbia shall create a presumption of rehabilitation. Certificates that have been issued by other jurisdictions may be provided as evidence of rehabilitation.

3312.7 If a conviction of a criminal offense, which bears directly on the fitness of the person to be licensed, forms the basis of a board's decision to deny, suspend or revoke a license under this section, the board shall provide the applicant or licensee with a notice of the intended action and an opportunity for a hearing in accordance with § 3315 of this chapter.

History

• SOURCE: Final Rulemaking published at 65 DCR 11476 (October 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3312

17 DCMR § 3313 [RESERVED]

17 DCMR § 3314 COMPLAINTS: INVESTIGATIONS

3314.1 A board, on its own motion or on the receipt of a complaint submitted in accordance with § 3314.2, shall request the Director to investigate a practitioner if the facts alleged in the complaint, if proven, would constitute sufficient grounds for disciplinary action.

3314.2 The Director, upon receipt of a request from a board of a complaint meeting the foregoing requirements, shall investigate the complaint.

3314.3 A person who desires to file a complaint against a practitioner shall do the following:

(a) Submit the complaint in writing;

(b) State the facts or circumstances that form the basis of the complaint;

(c) Sign the complaint and state the complainant's name and address; and

(d) Mail or deliver the complaint to a board.

3314.4 Nothing in § 3314.3 precludes a board, on its own motion, from requesting the Director to investigate a practitioner based on information obtained from an individual who does not file a complaint in accordance with that subsection.

3314.5 A board may request a practitioner under investigation to respond in writing to any allegations. If the board requests such a response, the board shall inform the practioner of the following:

(a) That the practitioner is not required to respond to the request;

(b) That a copy of any response may be sent to the complainant, if any;

(c) That the failure to respond will not be held against the practitioner in any subsequent action based on the investigation; and

(d) That any response may be used against the practitioner in a subsequent action.

3314.6 If a board receives a written response from a practitioner requested pursuant to § 3313.5, it may, in its discretion, send a copy of the response to the complainant and request a written reply within a time period determined by the board.

3314.7 After considering the facts of a particular case, the complaint, if any, and any response thereof, a board shall take one of the following actions:

(a) Refer the complaint to the Director for investigation;

(b) Issue a notice of intended action in accordance with § 3315;

(c) Request that the practitioner attend a settlement conference in accordance with § 3322; or

(d) Dismiss the complaint.

3314.8 If a board dismisses a complaint, it shall give the complainant notice in writing, sent by first class mail, of the dismissal of the complaint within ten (10) days of the action.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3497 (May 13, 1988),

17 DCMR § 3315 NOTICE OF INTENDED ACTION AND OPPORTUNITY FOR A HEARING

3315.1 A board shall give the holder of, or applicant for, a license (except a temporary license) or a person possessing a privilege to practice in the District, notice of and an opportunity for a hearing before the board if the effect of the action would be one of the following:

(a) To revoke a license, certificate, registration, or privilege;

(b) To suspend a license, certificate, registration, or privilege;

(c) To reprimand the holder of a license, certificate, registration, or privilege;

(d) To impose a civil fine;

(e) To require a course of remediation;

(f) To require a period of probation; or

(g) To refuse to renew a license, certificate, or registration for any cause other than failure to pay the required renewal fee.

3315.2 If a board proposes to take an action of the type set forth in § 3315.1, it shall give written notice to the respondent containing the following:

(a) A statement that a board has sufficient evidence, setting forth the nature of the evidence, which, if not explained, justifies taking the proposed action;

(b) One of the following statements:

(1) That the board may take the proposed action, unless the respondent requests a hearing before the board by a letter addressed to the board, sent by certified mail or delivered in person, within twenty (20) days after service of the notice, and that the board may take the proposed action if the respondent fails to appear at the scheduled hearing; or

(2) That the board has scheduled a hearing on the proposed action, setting forth the date, time, and place of the hearing, and that the board may take the proposed action if the respondent fails to appear at the hearing:

(c) A description of the rights of the respondent at a hearing as specified in § 3323.3.

3315.3 Subject to § 3315.4, a board shall give an applicant for a license (other than a temporary license) notice of and an opportunity for a hearing before the board if the effect of the action would be one of the following:

(a) To deny permission to take an examination; or

(b) To deny a license.

3315.4 An applicant shall not be entitled to notice of or an opportunity for a hearing before a board if the denial of a license or permission to take an examination is based solely on the applicant's failure to meet a qualification over which a board has no discretion, including the following:

(a) Failure to meet a minimum age requirement;

(b) Failure to meet an educational or experience requirement where the acceptability of the educational program or quality of the experience is not an issue; or

(c) Failure to pass an examination.

3315.5 If a board proposes to take an action of the type specified in § 3315.3, it shall give written notice to the respondent containing the following:

(a) A statement that the respondent has failed to satisfy a board as to the respondent's qualifications to take the examination or to be approved for licensure;

(b) A statement that specifies in what respect the respondent has failed to satisfy a board;

(c) One of the following statements:

(1) That the board may take the proposed action, unless the respondent requests a hearing before the board by a letter addressed to the board, sent by certified mail or delivered in person, within twenty (20) days after service of the notice, and that the board may take the proposed action if the respondent fails to appear at a scheduled hearing; or

(2) That the board has scheduled a hearing on the proposed action, setting forth the date, time, and place of the hearing, and that the board may take the proposed action if the respondent fails to appear at the hearing; and

(d) A description of the rights of the respondent at a hearing as specified in § 3323.2.

3315.6 A notice given pursuant to § 3315.2 shall be in the form of charges and specifications. A notice given pursuant to § 3315.5 shall be in the form of a notice of intent to deny in letter format.

History

• SOURCE: Final Rulemaking published at 35 DCR 3489, 3499 (May 13, 1988).

17 DCMR § 3316 FAILURE TO REQUEST A HEARING OR FAILURE TO APPEAR

3316.1 If a respondent who was sent a notice of a proposed action pursuant to § 3315 does not mail or deliver a request for a hearing within the time and in the manner required under that section, a board may, without a hearing, take the action contemplated in the notice.

3316.2 If a respondent scheduled for a hearing does not appear for the hearing, and no continuance has been granted, a board may receive evidence and hear testimony and may render a decision on the basis of evidence before it.

3316.3 The board may, prior to rendering a decision, upon written request of the respondent and payment of the required fee, send a copy of the transcript or summary of the hearing to the respondent and request proposed findings of fact and conclusions of law from the respondent.

3316.4 The board shall inform the parties of an action taken under this section.

3316.5 A decision of a board shall be supported by substantial, reliable, and probative evidence pursuant to D.C. Official Code § 1-1509(c) (1981 ed.).

3316.6 If, because of accident, sickness, or other good cause, a respondent does not receive notices of a hearing or fails to appear for a hearing, the respondent may, within fifteen (15) days from the date a service of the decision, file a petition with the Board in accordance with § 3334 of this chapter to request that the hearing be reopened.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3501 (May 13, 1988); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3316

17 DCMR § 3317 HEARING NOTICE PROCEDURES

3317.1 If a respondent requests a hearing, a board shall, within twenty (20) days following receipt of the request, notify the respondent of the date, time, and place of the hearing.

3317.2 The board shall hold the hearing not less than twenty (20) days following the date of service of the notice unless the board and all of the parties agree to the holding of the hearing at an earlier date.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3501 (May 13, 1988).

17 DCMR § 3318 SERVICE

3318.1 A notice, pleading, order, or decision required by this chapter to be served on a respondent shall be served on the respondent or representative designated by the respondent or by law to receive service of papers. If a respondent has appeared through counsel, service shall be made upon the counsel of record.

3318.2 Service on a respondent shall be directed to the last known address of the respondent on file with the Director and shall be completed by one of the following;

(a) By certified mail, return receipt requested;

(b) By personal delivery;

(c) By delivery to the address of respondent, or respondent's counsel or agent, on file with the Department, by leaving it at that address with a person of suitable discretion at least sixteen (16) years of age who is employed or resides at that address; or

(d) In conformity with an order of a board.

3318.3 Service on the board, the Director, or the Corporation Counsel shall be directed to the appropriate office and shall be completed by one of the following methods:

(a) By certified mail, return receipt requested; or

(b) By personal delivery.

3318.4 Proof of service, stating the name and address of the person on whom service is made and the manner and date of service, shall be shown by one of the following methods:

(a) If service was effected by certified mail, the return receipt indicating that the document was accepted, refused, or returned unclaimed;

(b) If service was effected by personal delivery, the certificate of the server indicating that the document was accepted or refused; or

(c) If service was effected pursuant to an order of the board, in the manner provided in that order.

3318.5 The date and time of service shall be established as follows:

(a) If service is effected by certified mail, it shall be deemed to have been served on the date and at the time shown on the return receipt that the document was accepted, refused, or returned unclaimed;

(b) If service was effected by personal delivery, it shall be deemed to have been served on the date and at the time on the certificate of service indicating that the document was accepted or refused; or

(c) If service was effected pursuant to an order of a board, it shall be deemed to have been served on a date and at a time as provided in that order.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3502 (May 13, 1988).

17 DCMR § 3319 REPRESENTATION

3319.1 A respondent may be represented only by an attorney who is an active member of the District of Columbia Bar, except that a board may permit an attorney who is an active member of the bar of another jurisdiction in the United States to represent a respondent in a particular case.

3319.2 If it appears to a board or an Administrative Law Judge (ALJ) that the issues or facts in a matter before it are so complex that the interests of justice, saving time or facilitating the preparation of an adequate record would be served by the representation of a party by an attorney, the board may urge, but not require, that the party obtain the services of an attorney and may allow that party a reasonable period of time within which to do so.

3319.3 An attorney shall not participate in a representative capacity in any hearing conducted by a board or ALJ until the attorney submits to a board or ALJ a signed statement containing the attorney's name, street address, telephone number, and bar number.

3319.4 An attorney authorized to appear pursuant to this section may sign any paper required or permitted to be filed by this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3503 (May 13, 1988).

17 DCMR § 3320 SUBPOENAS

3320.1 The board may issue subpoenas to compel witnesses to appear and testify or to produce books, records, papers, or documents on its own motion or upon the request of a party.

3320.2 The board may require a party requesting a subpoena to demonstrate the relevancy of and need for the subpoena.

3320.3 The board shall issue subpoenas in the name of the Mayor of the District of Columbia. A subpoenaed witness, other than one employed by the District Government, shall be entitled to a reasonable fee established by the Director, but the fee may not be paid in advance.

3320.4 In case of contumacy by or refusal to obey a subpoena issued by a board to any person, a board may refer the matter to the Superior Court of the District of Columbia and request an order by that court to require the person to appear and give testimony or produce books, papers, or other evidence bearing on the hearing.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3504 (May 13, 1988).

17 DCMR § 3321 MOTIONS AND OTHER PLEADINGS

3321.1 Except by leave of a board during a hearing, a party shall make an application for an order or other relief by filing a written motion. A motion shall state with particularity the grounds on which it is based and clearly set forth the order or relief sought. If a motion is supported by memoranda, affidavits, or other papers, the movant shall attach them to and serve them with the motion.

3321.2 A copy of each motion, response, opposition, reply, or other pleading filed with a board shall be served on each party, and a certificate of service shall appear at the end of the pleading showing the date and method of service.

3321.3 A party may file a response or opposition to a motion within ten (10) days after service of the motion, but a board, in its discretion, may shorten or extend this time, with proper notice to parties. The response or opposition may not include a motion for other affirmative relief against the moving party.

3321.4 A reply to a response or opposition may be filed within three (3) business days after service of the response or opposition, but the reply may not reargue propositions presented in the motion or present matters that are not strictly in reply to the response or opposition. No further pleading may be filed except by leave of a board for extraordinary cause.

3321.5 A motion or other pleading shall meet the following additional requirements:

(a) It shall be typewritten on business size eight and one-half by eleven inch (8 1/2" x 11") paper;

(b) It shall contain the name of the case and number of the case, if any;

(c) It shall be double-spaced, except footnotes and quotations, which may be single-spaced;

(d) It shall be signed by the party on whose behalf it is filed or by that party's counsel; and

(e) Subject to § 3321.6, it shall be accompanied by a number of copies that corresponds to the number of members of a board established by an Act listed in § 3301.1, plus one (1), unless a board permits the parties to file a lesser number of copies.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3504 (May 13, 1988).

17 DCMR § 3322 SETTLEMENT CONFERENCES

3322.1 A board may, in its discretion, request a respondent against whom an action is proposed to attend a settlement conference.

3322.2 The parties may agree to hold a settlement conference.

3322.3 If a respondent agrees to attend a settlement conference, a board shall notify the parties of the date, time, and place of the settlement conference.

3322.4 A board may designate a member of a board, its counsel, or an employee of the Department to participate in a settlement conference on behalf of the board.

3322.5 The parties at a settlement conference may enter into a negotiated settlement or consent decree that is binding on all parties; Provided, that the settlement or consent decree is approved by the board.

3322.6 If a board accepts part, but not all, of the proposed negotiated settlement or consent decree, it may request the respondent to attend another settlement conference.

3322.7 A respondent who agrees to a negotiated settlement or consent decree that is approved by a board shall waive all of the respondent's rights of appeal or reconsideration under an Act listed in § 3300.1 or rules promulgated pursuant thereto.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3505 (May 13, 1988).

17 DCMR § 3323 CONDUCT OF HEARINGS

3323.1 All hearings before a board shall be open to the public.

3323.2 At a hearing before a board, at least a majority of the members of a board shall be required to be present to hear the evidence and render a decision.

3323.3 A respondent entitled to a hearing has the following rights:

(a) To be represented by an attorney in accordance with § 3319;

(b) To present all relevant evidence by means of witnesses and books, papers, and other means;

(c) To examine all opposing witnesses on any matter relevant to the issues; and

(d) To have subpoenas issued to compel the attendance of witnesses and the production of relevant books, papers, and other evidence, upon making a written request to a board.

3323.4 A board may, grant or deny a motion for a continuance, and shall deny a motion for a continuance unless the motion:

(a) In the opinion of a board, set forth good cause for a continuance; and

(b) Is filed at least two (2) business days before the date on which the hearing is to be held, except for extraordinary and unforeseen reasons such as the sudden illness of a party or a party's counsel.

3323.4 Conflicting engagements of counsel, absence of counsel, or the employment of new counsel may be considered to constitute good cause for a continuance of a hearing only if set forth in a motion filed promptly after notice of the hearing has been given.

3323.6 After a hearing, and within time limits established by a board, the parties may submit proposed findings of fact, conclusions of law, and order, and may also submit memoranda of law on issues of law arising during the hearing.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3506 (May 13, 1988).

17 DCMR § 3324 EVIDENCE AT THE HEARING

3324.1 All testimony at a hearing before a board shall be under oath or affirmation.

3324.2 If any part of the record in any other proceeding previously held before a board, or part of the record in any criminal or civil action, including hearings before any administrative agency, is offered in evidence, a certified true copy of that part shall be presented to the board in the form of an exhibit, unless either of the following requirements is satisfied:

(a) The record is specified in such manner as to be readily identified, and the person offering the record agrees to supply copies later or when required by a board; or

(b) There is a stipulation that the record may be incorporated by reference and a board orders that incorporation.

3324.3 A board shall exclude irrelevant, immaterial, and unduly repetitious evidence.

3324.4 A board may take official notice, at the request of a party or on its own motion, of the following:

(a) The law and rules of the District of Columbia, the United States, or any state or other jurisdiction of the United States; or

(b) Material facts in the official files of a board, the Department, or other District of Columbia or federal agency; or

(c) A fact that is not subject to reasonable dispute in that it is generally known within the District of Columbia or is capable of accurate and ready determination by resort to resources the accuracy of which cannot reasonably be requested.

3324.5 If a board takes official notice of a material fact not appearing in the evidence in the record, it shall give a party the opportunity to show the contrary at the hearing or on motion made within five (5) days after the hearing.

3324.6 The parties may, by stipulation in writing filed with a board, agree on the facts or any portion thereof involved in a hearing. The parties may also stipulate the testimony that would be given by a witness if the witness were present.

3324.7 The board may require additional evidence concerning any matter covered by a stipulation.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3507 (May 13, 1988).

17 DCMR § 3325 BURDEN OF PROOF

3325.1 In a hearing resulting from a proposed action under § 3315.1, the District shall have the burden of proving, by a preponderance of the evidence, that the action should be taken.

3325.2 In a hearing resulting from a proposed action under § 3315.3, the applicant shall have the burden of proving, by a preponderance of the evidence, that the applicant is qualified to be licensed or certified.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 35013 (May 13, 1988).

17 DCMR § 3326 CONDUCT OF PARTIES AND COUNSEL AT THE HEARING

3326.1 The parties at a hearing shall maintain decorum and good order at all time. A board may exclude or have removed from the hearing room any person violating an order of the chairperson of the board or the presiding official.

3326.2 A board may bar counsel from further participation in a hearing for disruptive conduct.

3326.3 If counsel has been barred from participating in a hearing, a board may proceed with the hearing if consistent with the due process rights of the parties. Otherwise, the board shall adjourn the hearing to give the party whose counsel has been barred an opportunity to secure new representation expeditiously.

3326.4 A counsel who has been barred from participating in a hearing may seek, and a board may grant, reinstatement to participate in the hearing on such terms as the board prescribes. The board shall not permit a reinstatement application to delay the proceedings.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3508 (May 13, 1988).

17 DCMR § 3327 HEARINGS BY PANELS OF A BOARD

3327.1 A board may authorize a panel of no less than three (3) members of a board to conduct a hearing in any matter that the board is authorized to conduct a hearing.

3327.2 The panel of the board shall have the powers and duties given to the board by this chapter and the applicable Act listed in § 3300.1, except the power to render a final decision.

3327.3 After hearing the evidence, the panel shall submit a recommended decision to the board. At the same time, the board shall serve the respondent with a copy of the decision in accordance with § 3318 and send a copy of the decision to the Corporation Counsel.

3327.4 A recommended decision of a panel adverse to a respondent shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based on the findings of fact and application of the laws; and

(c) A recommended order.

3327.5 A board may accept or reject the recommended decision of the panel in whole or in part.

3327.6 If the decision of a board is adverse to the respondent, and the panel that heard the case did not constitute a majority of the members of a board, the board, prior to issuing a final decision, shall serve the respondent with a copy of a proposed decision and give a respondent an opportunity to file exceptions, and written argument in support thereof, with the board within ten (10) days of the date of service.

3327.7 A board shall consider any exceptions and argument filed by a respondent pursuant to § 3327.7 in issuing a final decision. If the respondent does not file exceptions within the required period, the proposed decision of the board shall become the final decision of a board.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3508 (May 13, 1988).

17 DCMR § 3328 HEARINGS BY ADMINISTRATIVE LAW JUDGES

3328.1 A board may delegate its authority to conduct a hearing to an ALJ pursuant to § 103(c) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, D.C. Code § 2703(c) (1987 Supp.), by notifying the Director in writing of the name of the case and the decision of the board to delegate its authority to conduct the hearing.

3328.2 The ALJ conducting a hearing has all of the powers and duties of a board, except the power to render a final decision.

3328.3 After hearing the evidence, an ALJ shall, within forty-five (45) days, or one-half of the maximum period specified in an Act listed under § 3300.1, of the hearing, whichever is shorter, submit a recommended decision to a board. At the same time, the ALJ shall serve the respondent with a copy of the decision and send a copy of the decision to the Corporation Counsel.

3328.4 A recommended decision of an ALJ adverse to a respondent shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based on the findings of fact and application of the laws; and

(c) A recommended order.

3328.5 A board may accept or reject the recommended decision of an ALJ in whole or in part.

3328.6 Except as provided in § 3328.7, a board, within thirty (30) days of the recommended decision of the ALJ, shall render a decision and notify the Director, the respondent, and the Corporation Counsel of the action.

3328.7 If the decision of a board is adverse to the respondent, the board, prior to issuing a final decision, shall serve the respondent with a copy of a proposed decision and give the respondent an opportunity to file exceptions, and written argument in support thereof, with the board within ten (10) days of the date of service.

3328.8 The board shall consider any exceptions and argument filed by a respondent pursuant to § 3327.7 in issuing a final decision. If the respondent does not file exceptions within the required period, the proposed decision of the board shall become the final decision of the board.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3509 (May 13, 1988).

17 DCMR § 3329 RECORD OF A HEARING

3329.1 In a hearing conducted pursuant to this chapter, a board shall make a complete record of all evidence presented during the course of a hearing.

3329.2 A board shall make a transcript of a hearing on a proposed action specified in § 3315.1, unless the parties and the board agree not to have a transcript made.

3329.3 A board may make a transcript of a hearing on a proposed action specified in § 3315.3, and shall make a transcript upon written request of a party or made at least five (5) days prior to the hearing.

3329.4 If a board does not make a transcript of the hearing, it shall make an electronic recording of the hearing.

3329.5 A board shall provide a copy of an approved transcript or recording of a hearing to any person requesting it, upon payment of the required fee.

3329.6 A party may move to correct a transcript by filing a motion with a board within ten (10) days of receipt of the transcript. If no opposition to the motion is filed, the transcript may, upon approval by the board, be changed to reflect the corrections.

3329.7 In the event of disputes with respect to the record, the board shall settle the record and rule on all contested motions to correct the record.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3510 (May 13, 1988).

17 DCMR § 3330 DECISIONS OF A BOARD

3330.1 A board shall render a decision, in writing, no later than ninety (90) days after the date the hearing is completed, unless the Act listed in § 3300.1 provides for another period.

3330.2 A board may, with the agreement of all parties, extend the period in which it is required to render a decision.

3330.3 A decision of a board adverse to a respondent shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based upon the findings of fact and application of the laws;

(c) An order; and

(d) A statement informing the respondent of the right to have the decision reviewed by the District of Columbia Court of Appeals, and the time within which judicial review is required to be sought according to the rules of that Court.

3330.4 A board, in addition to taking other disciplinary action, may revoke an expired license if the decision is based on conduct that occurred while the license was in effect.

3330.5 The chairperson of a board may sign an order, decision, or other document of the board on behalf of the board.

3330.6 Within ten (10) days after a decision is rendered, a board shall serve a copy of the written decision upon the respondent, or the respondent's counsel of record.

3330.7 A board shall issue its findings of fact, conclusions of law, and order in writing except when it determines that the interest of the health, safety, or welfare of the public require that the findings of fact, conclusions of law, or order of the board be issued orally.

3330.8 Oral findings of fact, conclusions of law, and an order issued in accordance in § 3330.7 are final and shall be recorded as final at the time they are communicated to the parties. Promptly thereafter, a board shall state its oral findings of fact, conclusions of law, and order in writing, and the chairperson shall sign the written decision and serve a copy on all parties or their attorneys of record.

3330.9 A board may, on motion by a respondent, stay the imposition of an order pending appeal or reconsideration.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3511 (May 13, 1988).

17 DCMR § 3331 [RESERVED]

17 DCMR § 3332 [RESERVED]

17 DCMR § 3333 [RESERVED]

17 DCMR § 3334 RECONSIDERATION

3334.1 A respondent may file with a board a petition for reconsideration or reopening a hearing within fifteen (15) days after the date of the service of the decision on that party. The petitioner shall serve a copy of the petition on each party.

3334.2 Neither the filing nor the granting of a petition shall operate as a stay of a decision unless specifically ordered by a board. A board may grant a stay only upon good cause involving consideration of the likelihood of decisional error, irreparable harm to the petitioning party, the harm to other parties, and the public interest.

3334.3 A petition shall state briefly and specifically the following:

(a) In the case of a motion for a reconsideration, the matters of record or points of law alleged to have been erroneously decided or overlooked;

(b) In the case of a motion to reopen a hearing, the reasons that respondent failed to appear at a hearing;

(c) The grounds relied upon; and

(d) The relief sought.

3334.4 If a petition is based in whole or in part on new matter, the matter shall be set forth in an affidavit, containing a statement that the petitioner could not with due diligence have known or have discovered the new matter prior to the hearing before a board.

3334.5 A board may, in its discretion, permit or require oral argument upon a petition before the board.

3334.6 A board shall grant or deny a petition within forty-five (45) days after the filing of the petition. The failure by the board to act within that period shall constitute a denial of the petition.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3512 (May 13, 1988).

17 DCMR § 3335 JUDICIAL REVIEW: RECORD ON APPEAL

3335.1 A party aggrieved by a final decision of a board may seek review of the decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act, D.C. Code §§ 1-1501 to 1-1511 (1987 Repl. Vol.).

3335.2 Upon receipt by a board of a notice of appeal, the chairperson of the board shall promptly acknowledge receipt. The chairperson shall advise the Director of that receipt.

3335.3 The Director shall compile, index, and transmit to the board, if any, the originals or copies of all documents pertinent to the appeal, including the following:

(a) A copy of the decision from which an appeal is taken;

(b) A copy of any recommended or proposed decision and any exceptions thereto;

(c) All documents relied on by the board, including any relevant documents timely submitted to the board by the respondent or by other parties to the hearing; and

(d) A transcript or summary (in accordance with § 3336.3) of all testimony given or statements made during the course of any hearings, conferences, or investigations concerning the matter in dispute conducted by a board prior to the filing of the notice of appeal.

3335.4 The Director shall provide to all parties to the appeal a copy of the Director's index of the record on appeal.

3335.5 The record may be shortened or summarized if, with permission of the court, all parties to the review proceedings so agree.

3335.6 The documents transmitted pursuant to this section, and any supplements thereto, shall be available for inspection by the parties at a location designated by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3513 (May 13, 1988).

17 DCMR § 3336 ADMINISTRATIVE APPEALS TO A BOARD OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE

3336.1 This section shall apply to appeals to a board from decisions of ALJ's by persons found to have committed an infraction involving a violation of an Act listed in § 3300.1, rules promulgated pursuant thereto, or any other act regulating the person's occupation or profession, which decisions were made pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, D.C. Code §§ 6-2701 to 6-2723 (1987 Supp.).

3336.2 A notice of appeal from a decision issued by an ALJ shall be sent to the address stated in the decision and shall be delivered or postmarked within fifteen (15) days from the date of service of the final decision.

3336.3 A notice of appeal of a decision shall include the following information:

(a) That an appeal has been taken;

(b) A copy or identification of the final decision from which the appeal has been taken;

(c) A concise statement indicating why the respondent believes the final decision is in error;

(d) The full name, street address, and the telephone number of the respondent and the respondent's counsel, if any; and

(e) The signature of the respondent of the respondent's counsel.

3336.4 Upon receipt of a notice of appeal, the Director shall promptly acknowledge receipt and compile and index documents pertinent to the appeal, including the following:

(a) A copy of the decision from which the appeal is taken;

(b) All documents relied on by an ALJ, including any relevant documents timely submitted to the ALJ by a respondent or by other parties to the proceedings; and

(c) A transcript or summary of all testimony given or statements made during the course of any proceedings, conferences, or investigations concerning the matter in dispute, conducted by the ALJ prior to the filing of the notice of appeal.

3336.5 The Director shall transmit the notice of appeal and the documents described in §§ 3336.4(a) and (b) to the board within ten (10) days of the Director's receipt of the notice of appeal. The Director shall transmit the transcript or summary described in § 3338.4(c) as soon as practicable after the transcript or summary is completed.

3336.6 The Director shall send the parties a copy of the Director's index of the record on appeal.

3336.7 The documents transmitted pursuant to this section, and any supplements thereto, shall be available for inspection by the parties at a location designated by the Director.

3336.8 The record may be shortened or summarized if, with permission of the board, all parties to the review proceedings so agree.

3336.9 The Director, on motion of a party, or on the Director's own motion, may require or permit a party to supplement the documents transmitted pursuant to this section.

3336.10 A board may, in its discretion, permit the parties to appear before it and present oral argument before the board in accordance with such limitations as to time of argument or other restrictions as a board may prescribe.

3336.11 The board acting pursuant to this section may affirm, modify, vacate, set aside, or reverse any order or decision of an ALJ.

3336.12 A board may hold unlawful and set aside any order or decision of law of an ALJ that it finds to be:

(a) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(b) In excess of statutory authority or authority under this chapter;

(c) Without observance of procedures provided by statute or this chapter; or

(d) Unsupported by a preponderance of the evidence in the record of the hearing.

3336.13 A party may petition a board to reconsider its decision in accordance with § 3333.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3514 (May 13, 1988).

17 DCMR § 3337 COMPUTATION OF TIME

3337.1 In computing any period of time specified in this chapter, the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is not a business day, in which event the time period shall continue until the next business day.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3516 (May 13, 1988).

17 DCMR § 3399 DEFINITIONS

3399.1 As used in this chapter, the following terms and phrases have the meanings ascribed:

Administrative Law Judge (ALJ) - a hearing examiner authorized to hear cases pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, D.C. Code §§ 6-2701 to 6-2723 (1987 Supp.), or designated by the Director to hear a case.

Applicant - an applicant for a license under an Act listed in § 3300.1 or rules promulgated pursuant thereto.

Board - a board or commission listed in § 3300.1.

Business day - a day other than a Saturday, Sunday, legal holiday, or day on which the Department is officially closed.

Certificate - a certificate issued by a board pursuant to an Act listed in § 3300.1.

Chairperson - the chairperson of a board or commission listed in § 3300.1 or a person designated by a board to preside at a hearing or act in place of the chairperson.

Day - a calendar day.

Department - the Department of Consumer and Regulatory Affairs.

Director - the Director of the Department of Consumer and Regulatory Affairs, or the Director's designee.

Legal holiday - one of the following holidays:

(a) New Year's Day;

(b) Martin Luther King, Jr.'s, Birthday;

(c) Washington's Birthday;

(d) Memorial Day;

(e) Independence Day;

(f) Labor Day;

(g) Columbus Day;

(h) Veterans Day;

(i) Thanksgiving Day;

(j) Christmas Day; or

(k) Any other day designated as a legal holiday by the President, the Congress, or the Mayor or the Council of the District of Columbia, on the actual day the legal holiday is celebrated by the government of the District of Columbia.

License - a license issued by a board pursuant to an Act listed in § 3300.1.

Party - a respondent, the Corporation Counsel, the Director, or any other person recognized by a board as a party in a particular proceeding.

Practitioner - a person who holds a license issued by a board or commission listed in § 3300.1.

Registration - a registration issued by a board pursuant to an Act listed in § 3300.1.

Respondent - a person against whom an adverse action is contemplated, proposed, or taken.

History

• SOURCE: Final Rulemaking published at 35 DCR 3488, 3516 (May 13, 1988).

17-34 ARCHITECTS

17 DCMR § 3400 APPLICABILITY

3400.1 This chapter shall apply to applicants for and holders of a license to practice architecture.

3400.2 Chapter 33 of this Title shall supplement this chapter.

3400.3 The provisions of this chapter and the Act shall prevail in the event of a direct and irreconcilable conflict between this chapter or the Act and Chapter 33 of this Title.

History

• SOURCE: Final Rulemaking published at 42 DCR 7266 (Dec. 29, 1995); Final Rulemaking published at 55 DCR 5454, 5455 (May 9, 2008).

17 DCMR § 3401 GENERAL PROVISIONS

3401.1 The Board of Architecture and Interior Designers (hereinafter referred to as the “Board”), established by the Second Omnibus Regulatory Reform Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 47-2853.01 et seq.), shall be under the administrative control of the Mayor through the Department of Consumer and Regulatory Affairs (hereinafter referred to as the “Department”).

3401.2 Each architect member of the Board must be a licensed architect.

3401.3 The Board shall, at its offices, maintain a record of duly licensed architects that shall include their name, license number, last known mailing address, and last known email address.

3401.4 Communications with Board members and Board staff shall be limited as follows:

(a) Prior to the filing of an application or after final Board action on an application, verbal and written communication with individual Board members or any member of the Board’s staff shall be freely permitted; provided, however, that no member of the Board or its staff is authorized to give any indication of what specific action the Board may take upon the merits of any application which may be filed with it;

(b) Advice of a general nature may be given as to the manner of completing or submitting applications, the procedures to be followed in processing applications, and the nature of the Board’s standards in evaluating applications; and

(c) While an application for licensure or an enforcement proceeding is pending before the Board, no communications may be initiated with any individual Board member concerning the matter; any inquiries must be made orally or in writing to the Board staff or in writing to the Board.

3401.5 The Board may maintain membership in the National Council of Architectural Registration Boards (NCARB). As part of the Board’s activities, the Board shall endeavor to keep up-to-date information on the recommended policies adopted by NCARB. The Board may cooperate with NCARB in establishing uniform standards of architectural registration throughout the United States, but is under no obligation to do so.

3401.6 Any forms prepared in accordance with this chapter or the Act shall be made available upon request.

3401.7 Fees associated with licensure and registration may be found in Title 17 DCMR Chapter 35.

3401.8 The Department shall maintain copies of all records and papers pertaining to licensure, certification, registration, inspections, investigations, and other matters under the jurisdiction of the Board. Copies of all records and papers duly certified and authenticated by the Board or its staff shall be received in evidence in all courts equally and with like effect as the original.

3401.9 Public records kept by the Department on behalf of the Board under the authority of this section shall be open to public inspection pursuant to the D.C. Freedom of Information Act. None of any licensed architect’s examination record shall be considered public record.

3401.10 The Board shall meet in public session not less than four (4) times per year and shall publish notice of the time and place of each public meeting in the D.C. Register at least one (1) week in advance of the meeting. The public has the right to appear before the Board and testify on subjects within the Board’s jurisdiction.

3401.11 The Chairperson shall be elected from among the members of the Board and shall have authority to sign all official documents issued on behalf of the Board, after approval by the Board.

3401.12 Four (4) members of the Board shall constitute a quorum.

3401.13 Once quorum is established, a majority vote of all Board members present and voting is necessary for any action taken by the Board.

3401.14 Board members may convene in committees of no less than three (3) Board members to carry out specific functions of the Board, provided the full Board ratifies the actions of any committee.

History

• SOURCE: Final Rulemaking published at 42 DCR 7266, 7267 (Dec. 29, 1995); Final Rulemaking published at 55 DCR 5454, 5455 (May 9, 2008); as amended by Final Rulemaking published at 59 DCR 9963, 9965 (August 17, 2012).

17 DCMR § 3402 QUALIFICATIONS FOR LICENSURE

3402.1 To be granted licensure, an applicant:

(a) Shall be at least 18 years of age;

(b) Shall be of good moral character;

(c) Shall not have been convicted of an offense that bears directly on the applicant’s fitness to be licensed.

(1) When reviewing a applicant’s criminal history, the Board shall follow the guidelines set forth in 1 DCMR § 114 and the Act;

(d) Shall meet any other requirements established by the Board to ensure the applicant has had the proper training, experience, and qualifications to practice architecture; and

(e) Shall pay the required fees.

3402.2 In evaluating an application and prior to issuing a license, the Board may require substantiation of the quality and character of the applicant’s experience, notwithstanding the fact that the applicant has complied with the requirements set forth in this section.

3402.3 At the time of the filing of the application, all required fees and documents shall accompany the application. Each application shall be sworn to or affirmed before a notary public or, if applicable, by electronic signature or other authentication methods as authorized by the Council of the District of Columbia or the Mayor.

History

• SOURCE: Final Rulemaking published at 42 DCR 7266, 7267 (Dec. 29, 1995); Final Rulemaking published at 55 DCR 5454, 5457 (May 9, 2008).

17 DCMR § 3403 LICENSURE BY EXAMINATION

3403.1 An applicant for licensure by examination shall:

Hold a professional degree in architecture from a degree program that has been accredited by the NAAB or the Canadian Architectural Certification Board (CACB) not later than two (2) years after termination of applicant’s enrollment; or hold a professional degree in architecture from a Canadian university certified by CACB; or, for foreign-educated applicants, have satisfied the NCARB education standard as verified by an Education Evaluation Services for Architects (EESA) evaluation report;

Satisfy the AXP requirements; and

Pass the A.R.E. in accordance with NCARB standards in effect at the time the applicant took the examination. After receiving his or her professional degree or while enrolled in an NCARB-approved Integrated Path to Architectural Licensure (IPAL) program, an applicant may take portions of the A.R.E., provided that all AXP requirements are completed before licensure is obtained.

3403.2 The Board may request NCARB to determine an applicant’s eligibility, subject to the Board’s final approval; and the Board shall accept the A.R.E. results as determined by NCARB.

3403.3 An applicant shall retain credit for division sections passed on the A.R.E. for as long as the exam version is currently offered by NCARB and for as long as the exam version immediately following the successfully completed exam is offered. An applicant must complete a new application for re-examination and pay the required fees each time the applicant seeks to retake any division of the examination.

History

• SOURCE: Final Rulemaking published at 42 DCR 7266, 7268 (Dec. 29,1995); Final Rulemaking published at 55 DCR 5454, 5457 (May 9, 2008); as amended by Final Rulemaking published at 59 DCR 9963, 9966 (August 17, 2012); as amended by Final Rulemaking published at 71 DCR 006178 (May 17, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3403

17 DCMR § 3404 WAIVER OF THE EDUCATION AND AXP REQUIREMENTS

3404.1 The Board may exempt an applicant from the education and AXP requirements when the applicant holds a current and valid certification issued by NCARB, and the applicant submits to the Board satisfactory evidence of such certification.

History

• SOURCE: Final Rulemaking published at 42 DCR 7266, 7270 (Dec. 29,1995); Final Rulemaking published at 55 DCR 5454, 5458 (May 9, 2008); as amended by Final Rulemaking published at 71 DCR 006178 (May 17, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3404

17 DCMR § 3405 RECIPROCAL LICENSURE

3405.1 An applicant who holds a current and valid certification issued by NCARB, submits to the Board satisfactory evidence of such certification, and meets the requirements as set forth in this chapter and the Act, shall be licensed if the applicant:

(a) Holds a current and valid registration as an architect issued by a registration authority of the United States or Canada, and submits to the Board satisfactory evidence of such registration;

(b) Files an application with the Board, upon a form prescribed by the Board, containing such information concerning the applicant as the Board considers pertinent, and is deemed satisfactory by the Board; and

(c) Has paid the required fees to the District.

History

• SOURCE: Final Rulemaking published at 42 DCR 7266, 7270 (Dec. 29,1995); Final Rulemaking published at 55 DCR 5454, 5458 (May 9, 2008).

17 DCMR § 3406 DISPLAY OF LICENSE

3406.1 A licensee shall display his or her license conspicuously in the licensee’s principal place of business or employment.

History

• SOURCE: Final Rulemaking published at 42 DCR 7266, 7271 (Dec. 29,1995); Final Rulemaking published at 55 DCR 5454, 5459 (May 9, 2008).

17 DCMR § 3407 TERM OF A LICENSE

3407.1 A license to practice architecture shall expire at midnight of April 30th of each even numbered year.

History

• SOURCE: Final Rulemaking published at 42 DCR 7266, 7271 (Dec. 29,1995); Final Rulemaking published at 55 DCR 5454, 5459 (May 9, 2008).

17 DCMR § 3408 LICENSE RENEWAL

3408.1 A licensed architect shall not file an application for renewal if the Board has suspended the applicant’s license.

3408.2 At least sixty (60) days prior to the expiration of a license, the Board shall send a renewal application by first class mail to the holder of a license at the licensee’s known address on record with the Board.

3408.3 A holder of a license shall meet all of the requirements for license renewal prior to the issuance of the renewal.

3408.4 A holder of a license shall provide the Board a street address for the licensee’s residence, not a post office box, and shall notify the Board in writing of any change of home or business address within thirty (30) days of the change.

3408.5 The failure of a holder of a license to receive the notice required by § 3408.2 of this chapter does not relieve the holder of the responsibility of renewing the license.

3408.6 An applicant for renewal of an architect’s license shall submit the renewal application in a timely manner to the Board and shall complete the continuing education requirements before the expiration date of the license.

3408.7 [RESERVED]

3408.8 A holder of a license who fails to renew before the expiration date may renew the license within sixty (60) days after expiration by completing all renewal requirements and paying an additional late renewal fee. Upon renewal, the holder shall be deemed to have possessed a valid license during the period between the expiration of the license and its renewal.

3408.9 If a holder of a license fails to renew the license within sixty (60) days after its expiration, the license shall be deemed to have lapsed on the date of expiration and the holder shall be required to apply for reinstatement of the expired license and pay the required reinstatement fee.

3408.10 Denial of an application for renewal for failure to complete the continuing education requirements shall require the applicant to complete the continuing education requirements prior to submitting an application for reinstatement.

History

• SOURCE: Final Rulemaking published at 55 DCR 5454, 5459 (May 9, 2008); as amended by Final Rulemaking published at 59 DCR 9963, 9966 (August 17, 2012).

17 DCMR § 3409 INACTIVE STATUS

3409.1 Upon application by a licensee and payment of the required fee, the Board shall place a licensee on inactive status.

3409.2 While on inactive status, an individual shall not practice, attempt to practice, or offer to practice architecture in the District of Columbia.

3409.3 A licensee may remain on inactive status for up to five (5) years from the date of application, and shall notify the Board of any address change within thirty (30) days of the change.

3409.4 The Board shall issue a license to an individual who is on inactive status and who desires to resume practice, if the individual meets the following requirements:

(a) Files an application with the Board;

(b) Pays the required fees;

(c) Demonstrates compliance with all continuing education requirements; and

(d) Complies with all current requirements for license renewal.

3409.5 A lapsed license cannot be placed on inactive status. The license must first be reinstated, as provided in D.C. Official Code § 47-2853.15, provided the license has not been expired for more than five (5) years.

History

• SOURCE: Final Rulemaking published at 42 DCR 7266, 7271 (Dec. 29,1995); Final Rulemaking published at 55 DCR 5454, 5460 (May 9, 2008).

17 DCMR § 3410 SCOPE OF PRACTICE

3410.1 For the purposes of this chapter, the term “practice of architecture” means rendering or offering to render services in connection with the design and construction, enlargement, or alteration of a structure or group of structures that have as their principal purpose human occupancy or habitation, as well as the space within and surrounding these structures. These services include planning and providing studies, designs, drawings, specifications, and other technical submissions, and the administration of construction contracts. The practice of architecture does not include the practice of engineering, as defined in D.C. Official Code § 47-2853.131, although an architect may perform engineering work that is incidental to the practice of architecture.

History

• SOURCE: Final Rulemaking published at 55 DCR 5454, 5461 (May 9, 2008).

17 DCMR § 3411 RULES OF PROFESSIONAL CONDUCT

3411.1 In engaging in the practice of architecture, a licensed architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill that are ordinarily applied by licensed architects of good standing practicing in the same locality.

3411.2 In designing a project, a licensed architect shall take into account all applicable federal, state, and municipal building laws and regulations. While a licensed architect may rely on the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the intent and meaning of such regulations, once having obtained such advice, a licensed architect shall not knowingly design a project in violation of such laws and regulations.

3411.3 A licensed architect shall undertake to perform professional services only when he or she, together with those whom the licensed architect may engage as consultants, is qualified by education, training, and experience in the specific technical areas involved.

3411.4 A licensed architect shall not accept compensation for his or her services from more than one party on a project unless the circumstances are fully disclosed in writing and agreed to by all interested parties.

3411.5 The licensed architect shall fully disclose in writing to his or her client or employer any business association or direct or indirect financial interest which is substantial enough to influence his or her judgment in connection with the performance of professional services.

3411.6 When making public statements on architectural questions, a licensed architect shall disclose when he or she is being compensated for making such statements.

3411.7 If, in the course of his or her work on a project, a licensed architect becomes aware of a decision made by his or her employer or client, against such licensed architect’s advice, which will result in a violation of any applicable federal, state, or municipal building laws or regulations and which will, in the licensed architect’s judgment, materially and adversely affect the safety to the public of the finished project, the licensed architect shall:

(a) Report the decision to the local building inspector or other public official charged with enforcement of the applicable federal, state, or municipal building laws and regulations; and

(b) Refuse to consent to the decision.

3411.8 A licensed architect shall not willfully make a materially false statement or fail willfully to disclose a material fact requested in connection with his or her application for a license or renewal or reinstatement of a license.

3411.9 A licensed architect shall not assist the application for licensure of an individual known by the licensed architect to be unqualified with respect to education, training, experience, or character.

3411.10 A licensed architect possessing knowledge of a violation of the provisions set forth in § 3411.1 through § 3411.16 by another licensed architect shall report such knowledge to the Board.

3411.11 A licensed architect shall not, in the conduct of this or her practice, knowingly violate any municipal, state, or federal criminal law.

3411.12 A licensed architect shall neither offer nor make any payment or gift to a government official (whether elected or appointed) with the intent to influence the official’s judgment in connection with a prospective or existing project in which the licensed architect is interested.

3411.13 A licensed architect shall comply with the licensing laws and regulations governing his or her professional practice in any United States jurisdiction.

3411.14 Each office located in the District of Columbia maintained for the preparation of drawings, specifications, reports, or other professional work shall have a licensed architect who is regularly employed at the office and who directly supervises such work.

3411.15 A licensed architect shall not sign or seal technical submissions unless they were prepared by the architect or under his or her direct supervision; provided, however, that in the case of portions of such technical submission prepared under the direct supervision of another licensed architect employed by the first licensed architect (or by his or her firm), he or she may sign and seal those portions of the technical submissions if he or she has reviewed such portions and has coordinated their preparation.

3411.16 A licensed architect shall neither offer nor give any gifts, other than gifts of nominal value (including, for example, reasonable entertainment and hospitality) with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the licensed architect is interested.

History

• SOURCE: Final Rulemaking published at 42 DCR 7266, 7272 (Dec. 29,1995); Final Rulemaking published at 55 DCR 5454, 5461 (May 9, 2008); as amended by Final Rulemaking published at 59 DCR 9963, 9966 (August 17, 2012).

17 DCMR § 3412 DISCIPLINARY ACTIONS

3412.1 Upon providing notice and an opportunity for hearing in accordance with the Act and Chapter 33 of this Title, the Board may revoke, suspend, refuse to renew, or deny an application for a license by a licensee or applicant for any violation of this chapter or the Act.

3412.2 If the Board determines that there is a violation of this chapter or the Act, the Board may take any of the actions specified in § 3412.1 or any one (1) or more of the following lesser actions:

Reprimand the architect;

Place the architect on probation for a specified period;

Impose limitations on the architect’s license; or

Require a course of remediation approved by the Board that may include retraining and, at the discretion of and in the manner prescribed by the Board, reexamination.

3412.3 If the Board places an architect on probation, imposes a limitation on the license of an architect, or requires a course of remediation, the Board may provide that if the architect fails to satisfy the conditions of probation, observe the limitations imposed on the license, or complete the course or remediation, the Board may suspend or revoke the architect’s license.

History

• SOURCE: Final Rulemaking published at 55 DCR 5454, 5463 (May 9, 2008); as amended by Final Rulemaking published at 59 DCR 9963, 9966 (August 17, 2012).

17 DCMR § 3413 SEAL OF AN ARCHITECT

3413.1 Each licensed architect shall procure a seal, which shall contain the name of the licensed architect, his or her license number, and the words LICENSED ARCHITECT-DISTRICT OF COLUMBIA. This seal shall comply in all respects, including size and format, with the specimen shown below:

3413.2 The seal shall be evidence of the authenticity of the document and shall be imprinted on all technical submissions, as follows:

each design and each drawing;

on the cover and index pages identifying each set of specifications; and

on the cover page (and index, if applicable) of all other technical submissions.

3413.3 The seal appearing on any technical submission shall be prima facie evidence that the technical submission was prepared by or under the direct supervision of the individual named on the seal.

3413.4 No licensed architect shall affix or permit to be affixed his or her seal or signature to any technical submission which depicts work which he or she is not competent to perform.

3413.5 No licensed architect shall affix his or her seal or signature to any technical submission that was not prepared by him or her or under his or her direct supervision or by another licensed architect and reviewed, approved, or modified and adopted under his or her direct supervision.

3413.6 When the license of a licensed architect has been revoked or suspended by the Board, the licensed architect shall surrender his or her seal to the secretary of the Board within a period of thirty (30) days after the revocation or suspension has become effective. If the license of the architect has been suspended for a period of time, his or her seal shall be returned upon expiration of the suspension period. The seal shall not be used for any purpose after the effective date of any suspension or revocation.

3413.7 The licensed architect, when affixing his or her seal to any technical submission or any other instruments of services, shall affix his or her name, by manual signature or electronic signature, across the printed image of the seal. An electronic signature must be:

(a) Unique to the person using it;

(b) Capable of verification;

(c) Under the sole control of the person using it; and

(d) Linked to a document in such a manner that the electronic signature is invalidated if any data in the document are changed.

3413.8 All technical submissions or other instruments of services shall be identified as architecture documents.

History

• SOURCE: Final Rulemaking published at 42 DCR 7266, 7274 (Dec. 29,1995); Final Rulemaking published at 55 DCR 5454, 5463 (May 9, 2008); as amended by Final Rulemaking published at 59 DCR 9963, 9967 (August 17, 2012).

17 DCMR § 3414 CONTINUING EDUCATION REQUIREMENTS FOR RENEWAL OR REINSTATEMENT OF A LICENSE

3414.1 This section shall apply to all applicants for the renewal or reinstatement of a license to practice architecture, except those applicants seeking first renewal of a license granted by examination.

3414.2 An applicant for renewal of a license shall have completed twenty-four (24) Professional Development Unit (PDU) hours of credit in approved continuing education programs in health, safety, and welfare subjects during the term of the license.

3414.3 An applicant under this section shall submit with their renewal or reinstatement application an attestation of their having completed the required continuing education credits. The attestation shall include the following information with respect to each program:

(a) The name and address of the AIA sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program; and

(d) The hours of credit claimed.

3414.4 A continuing education credit shall be valid only if it is part of a program approved by the Board in accordance with § 3415 of this chapter. Licensees are responsible for ensuring that continuing education courses taken to satisfy the Board’s renewal or reinstatement requirements are Board certified or approved.

3414.5 Architects on inactive status, such as emeritus architects, and civilians called to active duty, may be exempted from this requirement at the sole discretion of the Board.

3414.6 The Board may, in its discretion, grant an extension of the sixty (60) day period, up to a maximum of one (1) year, for renewal after expiration, if the applicant’s failure to submit proof of completion of continuing education requirements was for good cause.

3414.7 For purposes of this section, good cause includes, but is not limited to, the following:

Serious and protracted illness of the applicant, who submits a doctor’s statement verifying the illness;

The death or serious and protracted illness of a member of the applicant's immediate family, which death or illness resulted in the applicant's inability to complete the continuing education requirements within the specified time. For the purposes of this subsection, the term "immediate family" means the applicant's spouse and any parent, brother, sister, or child of the applicant and the spouse of any such parent, brother, sister, or child; or

Active military service.

3414.8 An extension granted under this section shall not relieve an architect from complying with the continuing education requirement for the next renewal period.

3414.9 An applicant for the renewal of a license who fails to complete and provide attestation the continuing education requirements by or before the expiration date may renew the license within sixty (60) days after expiration by completing the outstanding hours and by paying the required late fee. Any hours obtained after licensure expiration and claimed for late renewal shall not be creditable for the next renewal period. Upon renewal, the Board shall deem the applicant to have possessed a valid license during the period between the expiration of the license and its renewal.

History

• SOURCE: Final Rulemaking published at 59 DCR 9963, 9967 (August 17, 2012); as amended by Final Rulemaking published at 71 DCR 008015 (July 12, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3414

17 DCMR § 3415 APPROVED CONTINUING EDUCATION PROGRAMS

3415.1 The Board, in its sole discretion, may approve continuing education programs that contribute to the growth of an applicant in professional competence in the practice of architecture and which meet the other requirements of this section.

3415.2 To qualify for approval by the Board, a continuing education program shall be prepared, offered, administered, or accepted by an entity approved by NCARB, AIA, or a successor organization.

History

• SOURCE: Final Rulemaking published at 59 DCR 9963, 9968 (August 17, 2012).

17 DCMR § 3416 CONTINUING EDUCATION: RECORDKEEPING AND AUDIT REQUIREMENTS

3416.1 A licensee shall be responsible for documenting their completion of the required continuing education and shall bear the burden of providing satisfactory proof of completion and establishing that any program or activity for which credit is claimed complies with the standards set forth in § 3414.

3416.2 A licensee shall retain course documentation for six (6) years after completing a continuing education program or activity for which credit is claimed. Acceptable documentation shall include, but is not limited to, the following:

(1) A certificate of successful completion from the sponsor which includes the following information:

(A) The name of the sponsor of the program;

(B) The name of the program and a description of the subject matter covered;

(C) The dates on which the licensee attended the program; and

(D) The hours of credit earned; and

(2) A copy of the course outline prepared by the course sponsor or provider;

(b) In the case of courses taken at accredited universities and colleges, proof of satisfactory completion of the course, including the name of the college or university, name of the course, date of completion, and the number of hours of earned, along with a copy of the course syllabus;

(c) In the case of licensees claiming credit for publication of a technical paper, article, or book, satisfactory proof of its publication; or

(d) Other comparable proof deemed satisfactory by the Board.

3416.3 The Board may, as it deems appropriate, conduct an audit of active licensees to determine compliance with the continuing education requirements.

3416.4 Upon notification by the Board that a licensee has been selected for an audit, the licensee shall submit proof of his or her compliance with the continuing education requirements in accordance with § 3414 within thirty (30) days of receipt of the notice.

3416.5 A licensee who fails to provide proof of continuing education compliance during an audit may be subject to another audit in the subsequent licensure term.

3416.6 If the Board determines that the licensee has not met his or her continuing education requirement in accordance § 3414, the Board may either grant an additional period of time in which the deficiencies can be cured or impose disciplinary action in accordance with the Act.

History

• SOURCE: Final Rulemaking published at 71 DCR 008015 (July 12, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3416

17 DCMR § 3498 APPENDIX

APPENDIX A

IDP TRAINING REQUIREMENTS - TRAINING CATEGORIES AND TRAINING UNIT REQUIREMENTS

An IDP applicant must acquire a total of seven hundred (700) training units (TU’s) to satisfy the IDP training requirements.

One (1) TU equals eight (8) hours of acceptable activity in an acceptable work setting. The following chart lists the IDP training categories and areas, and the minimum TU requirements for each:

CATEGORY A: Design and Construction Documents

1. Programming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2. Site and Environmental Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

3. Schematic Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

4. Engineering Systems Coordination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

5. Building Cost Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

6. Code Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

7. Design Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

8. Construction Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135

9. Specifications & Materials Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

10. Documents Checking & Coordination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Elective Units in this Category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Minimum Total TU’s Required . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 350

CATEGORY B: Contract Administration

11. Bidding & Contract Negotiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

12. Construction Phase-Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

13. Construction Phase-Observation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Elective Units in this Category. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Minimum Total TU’s Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

CATEGORY C: Management

14. Project Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

15. Office Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Elective Units in this Category. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Minimum Total TU’s Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

CATEGORY D: Related Activities

16. Professional and Community Service. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Other Related Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 0

Minimum Total TU’s Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Total TU’s Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 700

An applicant must have a total of seven hundred (700) TU’s. The minimum required TU’s in Categories A, B, C, and D total four hundred sixty-five (465). The remaining two hundred thirty-five (235) TU’s may be acquired in any of the listed categories, including supplementary education units.

History

• SOURCE: Final Rulemaking published at 42 DCR 7266, 7280 (Dec. 29,1995); Final Rulemaking published at 55 DCR 5454, 5466 (May 9, 2008). 2

17 DCMR § 3499 DEFINITIONS

3499.1 As used in this chapter, the following words or phrases terms shall have the meanings ascribed:

Act – The Second Omnibus Regulatory Reform Act of 1998 (D.C. Law 12-261; D.C. Official Code § 47-2853.01 et seq.) (2001).

AIA – The American Institute of Architects.

Applicant – A person who has submitted an application for licensure to the Board.

A.R.E. – The current Architect Registration Examination prepared by NCARB.

AXP - the current version of the Architectural Experience Program as established and administered by NCARB.

AXP applicant - an individual who has completed the AXP training requirements set forth in § 3403.1 and has submitted an application for licensure to the Board.

Board – The Board of Architecture and Interior Designers, as established by the Act.

Direct supervision – Personal oversight by an individual who has control over, and detailed professional knowledge of, the work prepared.

Electronic signature – A digital authentication process which is attached to, or logically associated with, an electronic document.

Examination – The current Architect Registration Examination (A.R.E.), as accepted by the Board.

Health, safety, and welfare subjects – Technical and professional subjects, which the Board deems appropriate to safeguard the public’s health, safety, and welfare. Such subjects include, but are not limited to, the following:

Building design;

Sustainable design;

Environmental or land use analysis;

Life safety;

Architectural programming;

Site and soils analysis;

Accessibility;

Structural systems considerations;

Lateral forces;

Building codes;

Evaluation and selection of building systems, products, or materials;

Construction methods;

Contract documentation; and

Construction administration.

IPAL – An NCARB-approved program that allows one to obtain their architecture license while enrolled in an AXP and A.R.E. program concurrently.

Licensed architect – a person licensed to practice architecture under this chapter.

Manual signature – The handwritten name of a person applied to a document that identifies the person, serves as a means of authentication of the contents of the document, and provides responsibility for the creation of the document and accountability for the contents of the document.

NAAB – The National Architectural Accrediting Board.

NCARB – The National Council of Architectural Registration Boards.

PDU – Professional Development Unit.

Registered architect - An architect registered in a United States or Canadian jurisdiction.

Signature – Includes manual signature or electronic signature.

Technical submissions – Studies, designs, drawings, specifications, and any other technical documentation prepared in the course of the practice of architecture.

TU – training unit used to calculate the hours of training earned by AXP applicants.

3499.2 The definitions in § 3399 of Chapter 33 of this Title are incorporated by references and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 42 DCR 7266, 7275 (Dec. 29,1995); Final Rulemaking published at 55 DCR 5454, 5465 (May 9, 2008); as amended by Final Rulemaking published at 59 DCR 9963, 9968 (August 17, 2012); as amended by Final Rulemaking published at 71 DCR 006178 (May 17, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3499

17-35 LICENSING FEES

17 DCMR § 3500 FEES

3500.1 The examination, annual license fees and criminal background check fees for each class of license issued by the Department of Health shall be as follows:

ACUPUNCTURISTS:

Application (original, temporary, or reinstatement) $85.00

License Fee $145.00

Re-Examination $119.00

Paid Inactive Status $145.00

Renewal Fee $290.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

ADDICTION COUNSELORS:

Application Fee $85.00

License Fee $145.00

Paid Inactive Status $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication License $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

ADVANCED REGISTERED NURSES:

Application Fee $85.00

License Fee (1st time APRN with one authority) $145.00

License Specialty Fee $145.00

Paid Inactive Status $145.00

Renewal Fee $263.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $348.00

Each additional Nursing authority $119.00

Temporary License <1> $33.00

Criminal Background Check $50.00

ANESTHESIOLOGY ASSISTANTS:

Application Fee $85.00

License Fee $145.00

Paid Inactive Status $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication License $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

ASSISTED LIVING ADMINISTRATORS:

Application Fee $85.00

License Fee $237.00

Re-Examination $119.00

Paid Inactive Status $203.00

Renewal Fee $375.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $288.00

Criminal Background Check $50.00

ATHLETIC TRAINERS:

Application Fee

$85.00

License Fee

$179.00

Re-Examination

$85.00

Paid Inactive Status

$179.00

Renewal Fee

$179.00

Late Renewal Fee

$85.00

Document Duplication Fee

$34.00

Verification of Records

$34.00

Reinstatement Fee

$263.00

Criminal Background Check

$50.00

AUDIOLOGISTS:

Application Fee $85.00

License Fee $179.00

Paid Inactive Status $179.00

Renewal Fee $179.00

Late Renewal Fee $85.00

Document Duplication License $34.00

Verification of Records $34.00

Reinstatement Fee $263.00

Criminal Background Check $50.00

CHIROPRACTORS:

Application Fee $85.00

License Fee $457.00

Re-Examination $339.00

Paid Inactive Status $203.00

Renewal Fee $300.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $507.00

Criminal Background Check $50.00

CHIROPRACTORS: (ancillary procedures)

Application Fee $85.00

License Fee $186.00

Re-Examination $119.00

Paid Inactive Status $153.00

Renewal Fee $153.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $271.00

Criminal Background Check $50.00

DANCE THERAPISTS:

Application Fee $85.00

License Fee $145.00

Paid Inactive Status $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

DENTAL HYGIENISTS:

Application Fee $85.00

License Fee $134.00

Paid Inactive Status $135.00

Renewal Fee $136.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $186.00

Criminal Background Check $50.00

DENTISTS:

Application Fee $85.00

License Fee $319.00

Paid Inactive Status $254.00

Renewal Fee $254.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $370.00

Criminal Background Check $50.00

DIALYSIS TECHNICIAN:

Initial Certification Fee $50.00

Endorsement Fee $50.00

Reinstatement Fee $70.00

Renewal Fee $50.00

Inactive Status Fee $10.00

Late Renewal Fee $20.00

Certificate Duplication Fee $34.00

Added Authority Fee $10.00

DIETICIANS:

Application Fee $85.00

License Fee $144.00

Paid Inactive Status $144.00

Renewal Fee $144.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $228.00

Criminal Background Check $50.00

HOME HEALTH ADMINISTRATORS:

Application Fee $85.00

License Fee $237.00

Re-Examination $119.00

Paid Inactive Status $203.00

Renewal Fee $375.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $288.00

Criminal Background Check $50.00

HOME HEALTH AIDE:

Initial Certification Fee $50.00

Endorsement Fee $50.00

Reinstatement Fee $70.00

Renewal Fee $50.00

Inactive Status Fee $10.00

Late Renewal Fee $20.00

Certificate Duplication Fee $34.00

Added Authority Fee $10.00

MANUFACTURERS, DISTRIBUTORS, IMPORTERS,

VENDORS OF MEDICAL DEVICES:

Initial Licensure Fee $500.00

Renewal Fee (annual) $500.00

MARRIAGE AND FAMILY THERAPISTS:

Application Fee $85.00

License Fee $177.00

Paid Inactive Status $177.00

Renewal Fee $177.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $262.00

Criminal Background Check $50.00

MASSAGE THERAPISTS:

Application Fee $85.00

License Fee $177.00

Paid Inactive Status $177.00

Renewal Fee $177.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

MEDICAL DOCTORS:

Application Fee (original or reinstatement)

-By examination or re-examination $85.00

-By endorsement, reciprocity, or waiver $305.00

-By Eminence 1 $305.00

-By Eminence 2 (and initial license) $1,500.00

License (original, renewal, temporary, renewal, or reinstated)

-By examination or re-examination $203.00

-By endorsement, reciprocity, renewal, waiver,

or Eminence 1, Eminence 2 (renewal) $500.00

Late Renewal Fee $85.00

Application for Temporary License $305.00

Paid Inactive Status $500.00

Document Duplication Fee $34.00

Verification of Records $34.00

Criminal Background Check $50.00

MEDICAL TRAINEES:

License Fee $100.00

Renewal Fee $65.00

Document Duplication Fee $34.00

Verification of Records $34.00

Late Renewal Fee $25.00

Criminal Background Check $50.00

Late Application Fee $25.00

MEDICATION AIDE:

Initial Certification Fee $50.00

Endorsement Fee $50.00

Reinstatement Fee $70.00

Renewal Fee $50.00

Inactive Status Fee $10.00

Late Renewal Fee $20.00

Certificate Duplication Fee $34.00

Added Authority Fee $10.00

NATUROPATHS:

Application Fee $85.00

License Fee $145.00

Paid Inactive Status $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

NATUROPATHIC PHYSICIANS:

Application Fee $85.00

License Fee $145.00

Paid Inactive Status $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

NURSING HOME ADMINISTRATORS:

Application Fee $85.00

License Fee $237.00

Re-Examination $119.00

Paid Inactive Status $203.00

Renewal Fee $375.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $288.00

Criminal Background Check $50.00

NURSING SCHOOLS: (initial accreditation fee)

Application Fee $10,000.00

Annual Renewal Fee $1,300.00

NUTRITIONISTS:

Application Fee $85.00

License Fee $179.00

Re-Examination $119.00

Paid Inactive Status $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

OCCUPATIONAL THERAPISTS/OCCUPATIONAL THERAPISTS

ASSISTANTS:

Application Fee $85.00

License Fee $179.00

Paid Inactive Status $179.00

Renewal Fee $179.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $263.00

Criminal Background Check $50.00

OPTOMETRISTS: (with TPA or DPA)

Application Fee $85.00

License Fee $348.00

Paid Inactive Status $203.00

Renewal Fee $203.00

Optometry Diagnostic $145.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $432.00

Criminal Background Check $50.00

OPTOMETRISTS: (without TPA or DPA)

Application Fee $85.00

License Fee $203.00

Paid Inactive Status $203.00

Renewal Fee $203.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $288.00

Criminal Background Check $50.00

PATIENT CARE TECHNICIAN:

Initial Certification Fee $50.00

Endorsement Fee $50.00

Reinstatement Fee $70.00

Renewal Fee $50.00

Inactive Status Fee $10.00

Late Renewal Fee $20.00

Certificate Duplication Fee $34.00

Added Authority Fee $10.00

PHARMACISTS:

Application Fee $85.00

License Fee $195.00

Re-Examination $85.00

Paid Inactive Status $179.00

Renewal Fee $310.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $280.00

Criminal Background Check $50.00

PHARMACY INTERNS:

Application Fee $85.00

License Fee $164.00

Document Duplication Fee $34.00

Verification of Records $34.00

Criminal Background Check $50.00

PHYSICAL THERAPISTS:

Application Fee $85.00

License Fee $179.00

Re-Examination $85.00

Paid Inactive Status $179.00

Renewal Fee $179.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $263.00

Criminal Background Check $50.00

PHYSICAL THERAPY ASSISTANTS:

Application Fee $85.00

License Fee $179.00

Re-Examination $85.00

Paid Inactive Status $179.00

Renewal Fee $179.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $263.00

Criminal Background Check $50.00

PHYSICIAN ASSISTANTS:

Application Fee $85.00

License Fee $145.00

Paid Inactive Status $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

PODIATRISTS:

Application Fee $85.00

License Fee $179.00

Re-Examination $128.00

Paid Inactive Status $179.00

Renewal Fee $179.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

POST GRADUATE PHYSICIAN ENROLLMENT:

Annual Fee $65.00

PRACTICAL NURSES:

Application Fee (examination or endorsement) $85.00

License Fee (examination) $102.00

License Fee (endorsement) $145.00

Re-Examination $85.00

Paid Inactive Status $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Temporary License <1> $32.50

Criminal Background Check $50.00

PROFESSIONAL ART THERAPISTS:

Application Fee $85.00

License Fee $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

PROFESSIONAL COUNSELORS:

Application Fee $85.00

License Fee $145.00

Paid Inactive Status $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

PSYCHOLOGISTS:

Application Fee $85.00

License Fee $236.00

Re-Examination $119.00

Paid Inactive Status $203.00

Renewal Fee $203.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $288.00

Criminal Background Check $50.00

RECREATION THERAPISTS:

Application Fee $85.00

License Fee $145.00

Paid Inactive Status $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

REGISTERED NURSES:

Application Fee (examination or endorsement) $85.00

License Fee (examination) $102.00

License Fee (endorsement) $145.00

Re-Examination $85.00

Paid Inactive Status $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Temporary License <1> $32.50

Criminal Background Check $50.00

RESPIRATORY CARE THERAPISTS:

Application Fee $85.00

License Fee $169.00

Paid Inactive Status $169.00

Renewal Fee $160.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $254.00

Criminal Background Check $50.00

SOCIAL WORKERS:

Application Fee $85.00

License Fee $145.00

Paid Inactive Status $145.00

Renewal Fee $185.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

SPEECH-LANGUAGE PATHOLOGISTS:

Application Fee $85.00

License Fee $179.00

Paid Inactive Status $179.00

Renewal Fee $179.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $263.00

Criminal Background Check $50.00

SURGICAL ASSISTANTS:

Application Fee $85.00

License Fee $145.00

Paid Inactive Status $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

TRAINED MEDICATION EMPLOYEES:

Initial Certification/Reciprocity $59.00

Re-certification (Renewal) $59.00

TRAUMA TECHNOLOGISTS:

Application Fee $85.00

License Fee $145.00

Paid Inactive Status $145.00

Renewal Fee $145.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $229.00

Criminal Background Check $50.00

VETERINARIANS:

Application Fee $85.00

License Fee $179.00

Paid Inactive Status $179.00

Renewal Fee $130.00

Late Renewal Fee $85.00

Document Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $245.00

Criminal Background Check $50.00

VETERINARY EUTHANASIA TECHNICIANS:

Initial Certification Fee $50.00

Inactive Status Fee $10.00

Renewal Fee $50.00

Late Renewal Fee $20.00

Certificate Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $70.00

Criminal Background Check $50.00

VETERINARY TECHNICIANS:

Initial Certification Fee $50.00

Inactive Status Fee $10.00

Renewal Fee $50.00

Late Renewal Fee $20.00

Certificate Duplication Fee $34.00

Verification of Records $34.00

Reinstatement Fee $70.00

Criminal Background Check $50.00

NOTES:

Fees for temporary licenses for health occupations are listed even though the boards governing the health care occupations may not have established the fees.

3500.2 The examination and annual license fees for each class of non-health occupation license issued by the Department of Consumer and Regulatory Affairs (DCRA) shall be as follows:

DESCRIPTION OF SERVICE

FEE

TERM

(a) ARCHITECTS:

Application

$65.00

License

$120.00

(up to 2 years)

Renewal

$155.00

(up to 2 years)

Late Renewal Fee

$50.00

Examination/Re-examination

See § 3500.3

Reinstated License

$155.00

(up to 2 years)

Inactive Status

$155.00

Duplicate License

$30.00

Verification of Records

$30.00

(b) ASBESTOS:

Application

$65.00

License:

(1) Asbestos Worker

$110.00

(2) Supervisor

$110.00

Renewal

$110.00

Late Renewal Fee

$50.00

Examination/Re-examination

See § 3500.3

Reinstated License

$110.00

Inactive Status

$110.00

Duplicate License

$30.00

Verification of Records

$30.00

(c) BARBERS:

Application

$65.00

License:

(1) Barber

$110.00

(up to 2 years)

(2) Manager

$110.00

(up to 2 years)

(3) Instructor

$110.00

(up to 2 years)

(4) Owner

$110.00

(up to 2 years)

Renewal:

Renewal

(Barber & Owner)

$110.00

(up to 2 years)

Renewal

(Barber, Manager & Instructor)

$155.00

Late Renewal Fee

$50.00

Examination/Re-examination

See § 3500.3

Reinstated License

$155.00

(up to 2 years)

Inactive Status

$155.00

Duplicate License

$30.00

Verification of Records

$30.00

(d) BOXERS & WRESTLERS:

Application and License Fees:

(1) Amateur

$7.00

(2) Amateur Show

$25.00

(3) Manager

$110.00

(4) Permit

$50.00

(5) Professional Contestant

$25.00

(6) Professional Show

$50.00

(7) Promoter

$130.00

(8) Referee

$50.00

Matchmaker

$110.00

Timekeeper

$110.00

Inspector

$110.00

Judges

$110.00

Announcer

$110.00

Physician

$110.00

Seconds

$25.00

Verification of Records

$30.00

(e) CERTIFIED PUBLIC ACCOUNTANTS:

Application

$65.00

License

$110.00

(up to 2 years)

Renewal

$110.00

(up to 2 years)

Late Renewal Fee

$50.00

Examination/Re-examination

See § 3500.3

Reinstated License

$110.00

(up to 2 years)

Inactive Status

$110.00

Duplicate License

$30.00

Verification of Records

$30.00

Permit to Practice

$110.00

(up to 2 years)

(f) COSMETOLOGISTS:

Application

$65.00

License

$110.00

(up to 2 years)

Renewal

$110.00

(up to 2 years)

Renewal

(Managers & Instructors)

$155.00

Renewal

(Specialty Managers & Instructors)

$155.00

Late Renewal Fee

$50.00

Examination/Re-examination

See § 3500.3

Reinstated License

$110.00

(up to 2 years)

Reinstated License

(Managers & Instructors)

$155.00

Reinstated License

(Specialty Managers & Instructors)

$155.00

Inactive Status

(All categories)

$110.00

Inactive Status

(Managers, Instructors & Specialty)

$155.00

Duplicate License

$30.00

Verification of Records

$30.00

Temporary License

(All operators except electrologists)

$110.00

(g) ELECTRICIANS:

Application

$65.00

Temporary License

(Journeyman)

$110.00

(up to 60 days)

License:

(1) Apprentice

$110.00

(up to 2 years)

(2) Journeyman

(All types)

$110.00

(up to 2 years)

(3) Master

(All types)

$120.00

(up to 2 years)

(4) Contractor

(All types)

$120.00

(up to 2 years)

Renewal:

(1) Apprentice

$110.00

(up to 2 years)

(2) Journeyman

(All types)

$110.00

(up to 2 years)

(3) Master

(All types)

$155.00

(up to 2 years)

(4) Contractor

(All types)

$180.00

(up to 2 years)

Late Renewal Fee

$50.00

Examination/Re-examination

See §3500.3

Reinstated License:

(1) Apprentice

$110.00

(up to 2 years)

(2) Electrician

(All types)

$110.00

(up to 2 years)

(3) Master

(All types)

$155.00

(up to 2 years)

(4) Contractor

(All types)

$180.00

Inactive Status:

(1) Journeyman

(All types)

$110.00

(2) Master

(All types)

$155.00

Duplicate License

$30.00

Verification of Records

$30.00

(h) FUNERAL DIRECTORS AND APPRENTICES:

Application

$65.00

License:

(1) Apprentice

$110.00

(up to 4 years)

(2) Funeral Director

$120.00

(up to 2 years)

Renewal

(Funeral Director)

$130.00

(up to 2 years)

Late Renewal Fee

$50.00

Examination/Re-examination

See § 3500.3

Reinstated License

(Funeral Director)

$120.00

(up to 2 years)

Inactive Status

(Funeral Director)

$120.00

Courtesy Card

(Funeral Director)

$100.00

Duplicate License

$30.00

Verification of Records

$30.00

(i) INTERIOR DESIGNERS:

Application

$65.00

License

$110.00

(up to 2 years)

Renewal

$120.00

(up to 2 years)

Late Renewal Fee

$50.00

Examination/Re-examination

See § 3500.3

Reinstated License

$120.00

(up to 2 years)

Inactive Status

$120.00

Duplicate License

$30.00

Verification of Records

$30.00

(j) PLUMBERS/GASFITTERS:

Application

$65.00

License:

(1) Apprentice

$110.00

(up to 2 years)

(2) Journeyman

(All types)

$110.00

(up to 2 years)

(3) Master

(All types)

$120.00

(up to 2 years)

(4) Contractor

$120.00

(up to 2 years)

Renewal:

(1) Apprentice

$110.00

(up to 2 years)

(2) Journeyman

(All types)

$110.00

(up to 2 years)

(3) Master

(All types)

$155.00

(up to 2 years)

(4) Contractor

$180.00

(up to 2 years)

Late Renewal Fee

$50.00

Examination/Re-examination

See § 3500.3

Reinstated License:

(1) Apprentice

$110.00

(up to 2 years)

(2) Journeyman

$110.00

(up to 2 years)

(3) Master

$155.00

(4) Contractor

$180.00

Inactive Status:

(1) Apprentice

$110.00

(2) Journeyman

$110.00

(3) Master

$155.00

Duplicate License

$30.00

Verification of Records

$30.00

(k) PROFESSIONAL ENGINEERS/ENGINEERS IN TRAINING:

Application

$65.00

License:

(1) Professional Engineer

$120.00

(up to 2 years)

(2) Land Surveyor

$120.00

(up to 2 years)

Renewal:

(1) Professional Engineer

$155.00

(up to 2 years)

(2) Land Surveyor

$155.00

(up to 2 years)

Late Renewal Fee

$50.00

Examination/Re-examination

See § 3500.3

Reinstated License

$155.00

(up to 2 years)

Inactive Status

$155.00

Engineer in Training Certificate

$120.00

Land Surveyor Intern

$120.00

Duplicate License

$30.00

Verification of Records

$30.00

(l) PUBLIC ACCOUNTANTS:

Renewal

$110.00

Late Renewal Fee

$50.00

Examination/Re-examination

See §3500.3

Inactive Status

$110.00

Duplicate License

$30.00

Verification of Records

$30.00

(m) REAL ESTATE:

Application

$65.00

License

$170.00

(up to 2 years)*

Renewal:

(1) Associate Broker

$170.00

(up to 2 years)*

(2) Broker

$170.00

(up to 2 years)*

(3) Property Manager

$170.00

(up to 2 years)*

(4) Salesperson

$130.00

(up to 2 years)*

Late Renewal Fee

$50.00

Examination/Re-examination

See § 3500.3

Reinstated License:

(1) Associate Broker

$210.00

(up to 2 years)*

(2) Broker

$210.00

(up to 2 years)*

(3) Property Manager

$210.00

(up to 2 years)*

(4) Salesperson

$130.00

(up to 2 years)*

Inactive Status:

(1) Associate Broker

$210.00

(2) Broker

$210.00

(3) Property Manager

$210.00

(4) Salesperson

$130.00

Duplicate License

$30.00

Verification of Records

$30.00

Transfer/License Exchange/Status Change

$30.00

• In addition, a fee of $60.00 for two years and $30.00 for one year (payable by cashier’s check, certified check, or money order) shall be submitted for the Real Estate Guaranty and Education Fund, unless such payments are suspended.

(n) REAL ESTATE APPRAISERS:

Application

$65.00

License

$170.00

(up to 2 years)*

Renewal:

(1) Residential Appraiser

$195.00

(up to 2 years)*

(2) Certified General Appraiser

$195.00

(up to 2 years)*

Late Renewal Fee

$50.00

Examination/Re-examination

See § 3500.3

Inactive Status:

(1) Residential Appraiser

$195.00

(up to 2 years)*

(2) Certified General Appraiser

$195.00

(up to 2 years)*

Temporary License for Practice in D.C.

$150.00

Duplicate License

$30.00

Verification of Records

$30.00

Real Estate Appraiser Federal Registration

$50.00

(up to 2 years)**

• In addition, a fee of $130.00 (payable by cashier’s check, certified check, or money order) shall be submitted for the Appraisal Education Fund, unless such payments are suspended.

** Federal regulations require that local regulatory agencies collect a fee for Federal registration. This fee is in addition to all other fees and is the current Federal fee.

(o) REFRIGERATION AND AIR CONDITIONING MECHANICS:

Application

$65.00

License:

(1) Mechanic

$110.00

(up to 2 years)

(2) Contractor

$120.00

(up to 2 years)

Renewal:

(1) Mechanic

$155.00

(up to 2 years)

(2) Contractor

$180.00

(up to 2 years)

Late Renewal Fee

$50.00

Examination/Re-examination

See §3500.3

Reinstated License:

(1) Mechanic

$155.00

(2) Contractor

$180.00

Inactive Status:

(1) Mechanic

$155.00

(2) Contractor

$180.00

Duplicate License

$30.00

Verification of Records

$30.00

(p) STEAM AND OTHER OPERATING ENGINEERS:

Application

$65.00

License

$110.00

(up to 2 years)

Renewal

$110.00

(up to 2 years)

Late Renewal Fee

$50.00

Examination/Re-examination

See §3500.3

Reinstated License

$110.00

(up to 2 years)

Inactive Status

$110.00

(up to 2 years)

Duplicate License

$30.00

Verification of Records

$30.00

(q) ALL OCCUPATIONS/PROFESSIONS:

List of licensees

$0.05 per name

(r) ATHLETE AGENTS:

Initial Registration

$400.00

Renewal of Registration

$400.00

Application based upon initial application of another State

$400.00

Application based upon a renewal application of another State

$400.00

Application fee to be included with the registration fees

$100.00

(s) ELEVATOR CONTRACTOR, ELEVATOR MECHANIC, ELEVATOR INSPECTOR:

Application

$65.00

License (D.C. Official Code § 47-2853.99)

$260.00

(t) TOUR GUIDE:

Application

$65.00

(u) BODY ARTIST:

Application

$65.00

License

$110.00

(v) [RESERVED]

(w) PROFESSIONAL DESIGN FIRM:

Application

$65.00

License

$120.00

(up to 2 years)

Renewal

$155.00

(up to 2 years)

Late Renewal Fee

$50.00

Examination/Re-examination

See § 3500.3

Reinstated License

$155.00

(up to 2 years)

Inactive Status

$155.00

Duplicate License

$30.00

Verification of Records

$30.00

(x) LANDSCAPE ARCHITECTS:

Application

$65.00

License

$120.00

(up to 2 years)

Renewal

$155.00

(up to 2 years)

Late Renewal Fee

$50.00

Examination/Re-examination

See § 3500.3

Reinstated License

$155.00

(up to 2 years)

Inactive Status

$155.00

Duplicate License

$30.00

Verification of Records

$30.00

3500.3 The types of examinations utilized for professional licensing are as follows: national examinations, standard examinations, and local examinations. National examinations are examinations developed and administered by third parties. Standard examinations are examinations developed by third parties and administered by DCRA. Local examinations are examinations developed and administered by DCRA or the Board or Commission regulating the individual occupation. Because the examination fees for national examinations and standard examinations change regularly, the DCRA examination/re-examination fees are as follows:

National examinations: Actual cost;

Standard examinations: Actual cost + $25.00 DCRA administrative fee; and

Local examinations: $25.00 DCRA administrative fee.

3500.4 If a Board or Commission does not require applicants to take an examination after submitting an application for licensure, or the applicable rules require applicants to pass a national examination before submitting an application for licensure, an applicant does not need to include an examination fee with his or her license application.

3500.5 Unless otherwise specified, fees apply to all license types within a category.

3500.6 From October 1, 2021, through September 30, 2022, the following fees shall be charged for each class of non-health occupation license issued by the Department of Consumer and Regulatory Affairs (DCRA) in lieu of the fees listed in§ 3500.2 unless the listed fee is lower than ninety-nine dollars ($99):

The application fee and examination fee shall be zero dollars ($0).

(b) The license fee and the renewal fee shall be ninety-nine dollars ($99).

History

• SOURCE: Final Rulemaking published at 27 DCR 3336 (August 1, 1980), as amended by Final Rulemaking published at 31 DCR 3310 (July 6, 1984); as amended by Final Rulemaking published at 33 DCR 442 (January 24, 1986); as amended by Final Rulemaking published at 33 DCR 790 (March 21, 1986); as amended by Final Rulemaking published at 35 DCR 925 (February 12, 1988); as amended by Final Rulemaking published at 35 DCR 1796 (March 4, 1988); as amended by Final Rulemaking published at 35 DCR 3016 (April 29, 1988); as amended by Final Rulemaking published at 35 DCR 4009 (May 27, 1988); as amended by Final Rulemaking published at 35 DCR 6666 (September 2, 1988); as amended by Final Rulemaking published at 35 DCR 7192 (September 30, 1988); as amended by Final Rulemaking published at 35 DCR 8040 (November 11, 1988); as amended by Final Rulemaking published at 36 DCR 797 (January 27, 1989); as amended by Final Rulemaking published at 36 DCR 6845 (September 29, 1989); as amended by Final Rulemaking published at 40 DCR 5204 (July 16, 1993); as amended by Final Rulemaking published at 46 DCR 4197 (May 7, 1999); as amended by Final Rulemaking published at 46 DCR 7282 (September 17, 1999); as amended by Final Rulemaking published at 49 DCR 8215 (August 23, 2002); as amended by Final Rulemaking published at 50 DCR 9549 (November 14, 2003); as amended by Final Rulemaking published at 51 DCR 4438 (April 30, 2004); as amended by Final Rulemaking published at 52 DCR 3121 (March 25, 2005); as amended by Final Rulemaking published at 52 DCR 6175 (July 1, 2005); as amended by Final Rulemaking published at 54 DCR 6417 (June 29, 2007); as amended by Final Rulemaking published at 56 DCR 1262 (February 6, 2009); as amended by Final Rulemaking published at 56 DCR 2950 (April 17, 2009); as corrected by Errata Notice published at 57 DCR 5048 (June 11, 2010); as amended by Fiscal Year 2011 Budget Support Act of 2011, effective September 24, 2010 (D.C. Law 18-223; 57 DCR 6242, 6356 (July 23, 2010)); as corrected by Errata Notice published at 57 DCR 9443 (October 8, 2010); as amended by Final Rulemaking published at 59 DCR 9477 (August 10, 2012); as amended by Final Rulemaking published at 60 DCR 5134 (April 5, 2013); as amended as amended by Final Rulemaking published at 62 DCR 12682 (September 25, 2015); as amended by Final Rulemaking published at 63 DCR 6639 (April 29, 2016); as amended by Final Rulemaking published at 63 DCR 9098 (July 1, 2016); as amended by the Non-Health Professional Licensing Fees Adjustment Amendment Act of 2018, effective October 30, 2018 (D.C. Law 22-0168; 65 DCR 9388 (September 14, 2018)); as amended by Final Rulemaking published at 66 DCR 12720 (September 27, 2019); as amended by the Fiscal Year 2022 Budget Support Act of 2021, effective November 13, 2021 (D.C. Law 24-45; 68 DCR 010163 (October 1, 2021)); as amended by Final Rulemaking published at 70 DCR 003581 (March 24, 2023); as amended by Final Rulemaking published at 70 DCR 009770 (July 14, 2023); as amended by Final Rulemaking published at 70 DCR 016123 (December 22, 2023); as amended by Final Rulemaking published at 71 DCR 006173 (May 17, 2024). Therapeutic Pharmaceutical Agents Diagnostic Pharmaceutical Agents District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3500

17 DCMR § 3501 Security Alarm Collaterals

3501.1 Pursuant to §13(f) of the Security Alarm Systems Regulations Act of 1980, D.C. Law 3-107, D.C. Code §6-3101 et seq. (1988 Supp.), as amended, a notice of violation of any provision of this Act, including the amount of collateral, shall be issued n a Violation Citation form prepared by the Metropolitan Police Department or the District of Columbia Fire Department, as appropriate.

3501.2 The following collateral amounts shall be established for the violations as listed:

Failure of:

Alarm agent to carry or display valid identification card $50

Dealer to give proper instructions to users on care and use

of alarm $50

Dealer to have alarm agent properly respond when requested $50

Dealer to employ master electrician $50

User to have person properly respond to scene when

requested $50

User to maintain alarm in good working order $50

User to post names of responsible persons at scene $50

Failure to:

Adequately train or instruct employees $50

Comply with other sections of the Act $50

Post sign indicating alarm dealer $50

Maintain alarm user records as required by law $50

Surrender license identification card as required by law $50

False alarm $50

Installation or maintenance by:

Any person of system which creates improper sound $50

Any person of system without delay mechanism $50

Operating as an alarm dealer or agent:

Without a license $150

With suspended license $150

Use by any person of pre-recorded message to report alarm $50

History

• SOURCE: Final Rulemaking published at 34 DCR 7708 (December 4, 1987), as amended by Final Rulemaking published at 36 DCR 6527 (September 15, 1989).

17 DCMR § 3502 Limited Partnership Fees

3502.1 The purpose of this section is to establish fees for the implementation of D.C. Law 7-49, the “Uniform Limited Partnership Act of 1987,” effective December 10, 1987 (hereinafter cited as the “Act”).

3502.2 The following fees shall be assessed under the Act:

Certificate of good standing for limited partnership $18.00

Certified copy of limited partnership filing $20.00

Change of registered agent/transfer of reserved name

of limited partnership $25.00

Duplicate

Certificate of good standing obtained at same time $2.00

Certified copy obtained at the same time $7.00

Limited partnership filing $70.00

History

• SOURCE: Final Rulemaking published at 35 DCR 2540 (April 8, 1988).

17-37 BARBER AND COSMETOLOGY

17 DCMR § 3700 GENERAL PROVISIONS

3700.1 The provisions of this Chapter shall be applicable to all applicants and persons licensed as barbers, cosmetologists, and specialty cosmetologists under the Second Omnibus Regulatory Reform Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code §§ 47-2853.71 - 47-2853.73, 47-2853.81 - 47-2853.83)(2001)) ("The Act"), and any building, part of a building, booth, chair, space, or other facility under the control of any person licensed under the Act and directly or indirectly used pursuant to the Act.

3700.2 Chapter 33 (General Rules) of this title shall supplement this chapter.

3700.3 The provisions of this chapter and the Act prevail in the event of a direct and irreconcilable conflict with the provisions of Chapter 33 of this title.

3700.4 Each section, and every part of each section of this chapter, shall be independent of every other section or part. If any section or part of a section is held to be void or ineffective, for any cause, the holding shall not affect any other section or part.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003).

17 DCMR § 3701 CODE OF ETHICS AND STANDARDS OF PRACTICE

3701.1 This section shall be known as the Code of Ethics and Standards of Practice for all barbers, cosmetologists, and specialty cosmetologists.

3701.2 The barber, cosmetologist, or specialty cosmetologist shall accept responsibility for providing competent service with compassion and respect for human dignity.

3701.3 The barber, cosmetologist, or specialty cosmetologist shall exercise professional judgment in the use of evaluation and treatment procedures and may decline to perform a treatment if he or she believes the treatment would be harmful or unjustified.

3701.4 The barber, cosmetologist, or specialty cosmetologist shall provide the patron with accurate information regarding the profession and treatments rendered.

3701.5 The barber, cosmetologist, or specialty cosmetologist shall deal honestly with patrons and colleagues, and strive to report to the Board those persons who are deficient in character or competence, or who engage in fraud or deception.

3701.6 A barber, cosmetologist, or specialty cosmetologist shall continue to study, apply and advance scientific knowledge, make relevant information available to patrons, colleagues, and the public, obtain consultations, and use the talents of health professionals when required.

3701.7 A barber, cosmetologist, or specialty cosmetologist shall respect the law and also recognize a responsibility to seek changes in those requirements which are contrary to the best interests of the patron and the profession.

3701.8 A barber, cosmetologist, or specialty cosmetologist authorized to practice pursuant to the Act, shall not accept or perform professional services covered by the Act which the licensee knows or has reason to know he or she is not competent to perform.

3701.9 No licensee may provide services to the public if the licensee has a known infectious or contagious disease unless the licensee takes appropriate precautions and uses safeguards that prevent the spread of the disease to the public.

3701.10 Licensees shall take adequate and necessary precautions to protect the public from health and safety hazards when performing services.

3701.11 The barber or cosmetologist shall respect the client's right to privacy and shall not divulge confidential information without consent of the client or guardian unless required by law.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003).

17 DCMR § 3702 LICENSES REQUIRED

3702.1 The following licenses or certificates of registration shall be issued to natural persons as required by the Barber and Cosmetology Board pursuant to D.C. Official Code § 47-2853.08:

Barber, which shall authorize the holder to engage in the practice of barbering;

Cosmetologist, which shall authorize the holder to engage in the practice of cosmetology;

The following cosmetology specialty licenses:

Hairstylist, which shall authorize the holder to engage in the practice of hairstyling;

Natural Hairstylist and Braider, which shall authorize the holder to engage in the practices of natural hair styling and braiding;

Manicurist, which shall authorize the holder to engage in the practice of manicuring and pedicuring;

Electrologist, which shall authorize the holder to engage in the practice of electrology;

Esthetician, which shall authorize the holder to engage in the practice of esthetics;

Master esthetician, which shall authorize the holder to engage in the practice of master esthetics;

Full Wax and Nails Technician, which shall authorize the holder to engage in the practice of manicuring, pedicuring, and waxing;

Wax Technician, which shall authorize the holder to engage in the practice of waxing;

Barber, Cosmetology, or Specialty Cosmetology Shop and Salon Owner;

Instructors;

Demonstrators; and

Barber, Cosmetology, or Specialty Cosmetology Independent Contract Owner.

3702.2 Except as otherwise permitted, no person shall engage in the practice of barbering or cosmetology, or own or operate a salon or shop before the issuance of all required licenses.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 55 DCR 7559 (July 11, 2008); as amended by Final Rulemaking published at 57 DCR 512 (January 8, 2010); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3702

17 DCMR § 3703 QUALIFICATIONS FOR LICENSURE

3703.1 To qualify for licensure under this chapter an applicant must meet the following requirements:

Be at least eighteen (18) years of age;

Have completed the tenth (10th) grade or higher, unless otherwise indicated;

Pass the applicable examination(s);

Meet the educational and experience requirements for the license applied for, as set forth in this section; and

Provide the board with verification of completion of the above requirements.

3703.2 An applicant for a license by examination as a cosmetologist shall furnish proof satisfactory to the Board that the applicant has successfully completed:

One thousand two hundred fifty (1,250) hours of training in a licensed school or school otherwise acceptable to the Board, which shall include the following courses of study and hours:

SUBJECT HOURS

Manicuring/Pedicuring 50

Pressing 50

Croquinole Wave/Styling 70

Braiding 20

Shampooing 40

Permanent Wave 100

Wet Curls 70

Facials/Massage 50

Scalp Treatments 25

Dye and Bleach 100

Haircutting 100

Hairpieces 10

Chemical Straightening 200

Electrology 75

Waxing 50

Personal Hygiene 20

Ethics, Salesmanship,

Courtesy, and Conduct 25

D.C. Law 20

Anatomy, Physiology, Bacteriology,

Pathology, Chemistry, and Electricity 125

Sanitation 50

Total hours 1,250

or

(b) Training and experience equivalent in the judgment of the Board to one thousand two hundred fifty (1,250) hours.

3703.3 The equivalency requirement of § 3703.2(b) shall be met by furnishing proof satisfactory to the Board that the applicant is licensed in another jurisdiction within the United States of America and has one thousand two hundred fifty (1,250) hours in combined experience and training.

3703.4 An applicant for a license by examination as a hairstylist shall furnish proof satisfactory to the Board that the applicant has successfully completed:

One thousand (1,000) hours of training in a licensed school or school otherwise acceptable to the Board, which shall include the following courses of study and hours:

SUBJECT HOURS

Pressing 50

Croquinole Wave/Styling 70

Braiding 20

Shampooing 40

Permanent Wave 100

Wet Curls 70

Scalp Treatments 25

Dye and Bleach 100

Haircutting 100

Hairpieces 10

Chemical Straightening 200

Personal Hygiene 20

Ethics, Salesmanship,

Courtesy, and Conduct 25

D.C. Law 20

Anatomy, Physiology, Bacteriology,

Pathology, Chemistry, and Electricity 100

Sanitation 50

Total hours 1,000

or

(b) Training and experience equivalent in the judgement of the Board to one thousand (1,000) hours.

3703.5 The equivalency requirement of § 3703.4(b) shall be met by furnishing proof satisfactory to the Board that the applicant is licensed in another jurisdiction within the United States of America and has one thousand (1,000) hours in combined experience and training.

3703.6 A cosmetologist may not hold himself or herself out to the public as a specialist in any cosmetology specialty unless the cosmetologist has passed the examination for that specialty. A cosmetologist may take the examination(s) for any specialty cosmetology license at any time after passing the cosmetologist examination(s).

3703.7 An applicant for a license by examination as a barber shall furnish proof satisfactory to the Board that the applicant has acquired:

One thousand two hundred fifty (1,250) hours of training in a licensed school or school otherwise acceptable to the Board, which shall include the following courses of study and hours:

SUBJECT HOURS

Shaving/Beard Trimming 100

Styling 100

Shampooing 40

Permanent Wave 100

Wet Curls 70

Facials/Massage 50

Scalp Treatments 25

Dye and Bleach 100

Haircutting 210

Chemical Straightening 200

Personal Hygiene 20

Ethics, Salesmanship,

Courtesy, and Conduct 25

D.C. Law 20

Anatomy, Physiology, Bacteriology,

Pathology, Chemistry, and Electricity 100

Sanitation 50

Hairpieces 10

Shop Management 30

Total hours 1,250

or

Training and experience equivalent in the judgement of the Board to one thousand two hundred fifty (1,250) hours.

3703.8 The equivalency requirements of § 3703.7(b) shall be met by furnishing proof satisfactory to the Board that the applicant is licensed in another jurisdiction within the United States of America and has one thousand two hundred and fifty (1,250) hours in combined experience and training.

3703.9 Upon application, the Board shall give a licensed barber who wishes to become a licensed cosmetologist in accordance with § 3703.2 up to one thousand (1,000) hours of credit for subjects previously covered in the barber training course as set forth in § 3703.7. Before being permitted to take the cosmetology practical and theory exam, the applicant shall have successfully completed two hundred fifty (250) training hours in pressing, waxing, electrology, and manicuring and pedicuring.

3703.10 Upon application the Board shall give a licensed cosmetologist who wishes to become a licensed barber in accordance with § 3703.7 up to one thousand (1,000) hours of credit for subjects previously covered in the cosmetology class A training course. Before being permitted to take the barber practical and theory exam, the applicant shall have successfully completed an additional two hundred fifty (250) training hours in haircutting, shaving/beard trimming, and shop management, and shall have passed both the theory and practical portions of the Board’s cosmetology examination.

3703.11 Upon application, the Board shall give a licensed hairstylist who wishes to become a licensed cosmetologist in accordance with § 3703.2 up to one thousand (1,000) hours of credit for subjects previously covered in the hairstylist training course. Before being permitted to take the cosmetology practical and theory exam, the applicant shall have successfully completed an additional two hundred fifty (250) training hours in manicuring and pedicuring, facials/massage, electrology, and waxing, and shall have passed both the theory and practical portions of the Board’s hairstylist examination.

3703.12 Upon application, the Board shall give a licensed hairstylist who wishes to become a licensed barber in accordance with § 3703.7 up to one thousand (1,000) hours of credit for subjects previously covered in the hairstylist training course. Before being permitted to take the barber practical and theory exam, the applicant shall have successfully completed an additional two hundred fifty (250) training hours in haircutting, shaving/beard trimming, shop management, and facial/massage, and shall have passed both the theory and practical portions of the Board’s hairstylist examination.

3703.13 An applicant for a specialty license by examination as a natural hair and braider shall furnish proof satisfactory to the Board that the applicant has successfully completed:

Two hundred (200) hours of training in a licensed school or school otherwise acceptable to the Board which shall include the following courses of study and hours:

SUBJECT HOURS

Bacteriology and Sanitation 12

Safety, Health and DC law 6

Basic Anatomy and Physiology 5

Shampoo, Rinses, and Procedure 10

Natural Hair Coloring (No Chemicals) 6

Structure of Hair 6

Scalp Disorders and Diseases 8

Hair and Scalp Care (applications

Procedures) 15

Braiding 16

Extensions 16

Twisting/Locing 16

Blowdrying 16

Cutting and Trimming 60

Ethics, Salesmanship, Courtesy,

and Conduct 8

Total 200

Or

Training and experience equivalent in the judgment of the Board to two hundred (200) ours of training.

3703.14 The equivalency requirement of § 3703.13(b) may be met by furnishing proof satisfactory to the Board that the applicant is licensed in another jurisdiction and has two hundred (200) hours combined experience and training.

3703.15 An applicant for a specialty license by examination as a manicurist shall furnish proof satisfactory to the Board that the applicant has acquired:

Three hundred and fifty (350) hours of training in a licensed school or school otherwise acceptable to the Board, which shall include the following courses of study and hours:

SUBJECT HOURS

Manicuring (water and oil) 100

Pedicure 25

Personal Hygiene 25

Ethics, Salesmanship, Courtesy,

Conduct, Communications Skills, D.C. Law 35

Anatomy, Physiology 25

Bacteriology, Pathology 30

Chemistry 35

Electricity 20

Sanitation ` 30

Total hours 350

or

Training and experience equivalent in the judgement of the Board to three hundred and fifty (350) hours.

3703.16 The equivalency requirement of § 3703.15(b) shall be met by furnishing proof satisfactory to the Board that the applicant is licensed in a jurisdiction within the United States of America and has three hundred and fifty (350) hours in combined experience and training.

3703.17 An applicant for a specialty license by examination as an electrologist shall furnish proof satisfactory to the Board that the applicant has completed high-school or passed the GED and acquired:

(a) Six hundred (600) hours of training in a licensed school or school otherwise acceptable to the Board, which shall include the following courses of study and hours:

SUBJECT HOURS

Anatomy and Physiology of Skin & 100

Infection Control 50

Clinical Observation & Application 300

Modalities 50

Equipment Operation and Safety 30

Professional, Ethical and Legal Responsibilities 70

`

Total hours 600

or

(b) Training and experience equivalent in the judgment of the Board to six hundred (600) hours.

3703.18 The equivalency requirement of § 3703.17(b) shall be met by furnishing proof satisfactory to the Board that the applicant is licensed in another jurisdiction within the United States of America and has six hundred (600) hours in combined experience and training.

3703.19 An applicant for an esthetician license by examination shall furnish proof, satisfactory to the Board, that the applicant has

Completed six hundred (600) hours of instruction at a licensed school, or school otherwise acceptable to the Board, in a combination of the following subjects:

Infection control;

Physiology and anatomy;

Skin histology;

Skin diseases and disorders;

Hair and its growth cycle;

Basic chemistry and cosmetic ingredients;

Basic facials;

Facial massage;

Electricity and facial machines;

Methods of hair removal;

Make-up;

Advanced topics and treatments; and

Scope of practice and regulatory rules;

or

Training and experience equivalent in judgement of the Board to six hundred (600) hours.

3703.20 The equivalency requirement in § 3703.19(b) shall be met by furnishing proof satisfactory to the Board that the applicant is licensed in another jurisdiction within the United States of America and has six hundred (600) hours in combined experience and training.

3703.21 An applicant for a master esthetician license may apply for licensure by examination by meeting the following requirements:

Applicants for licensure by examination shall furnish proof, satisfactory to the Board that the applicant has the training necessary to sit for the master esthetician’s examination. Applicants shall furnish such proof by completing the application provided by the Board and providing all information requested by the Board. Proof shall include documentation that the applicant has completed the basic esthetician training set forth in 3703.23, passed the basic esthetics examination, and completed six hundred (600) hours of master esthetician training in the following subjects:

Advanced sciences:

Skin histology;

Anatomy and physiology;

Chemistry and biochemistry;

Skin analysis (classification systems);

Cosmetic ingredients (health, lifestyle, and nutrition);

Physics (advanced modalities);

Esthetics:

Advanced facials;

Advanced facial massage;

Advanced body treatments;

Advanced make-up;

Advanced facial machines;

Medical:

Surgical procedures

(i) Plastic surgery procedures; and

(ii) Pre- and post-operation care;

Non-surgical procedures;

Medical terminology and intervention;

Business:

Business plan;

Marketing;

Business operations;

Industry relations; and

Compliance and safety.

The Board may waive the training and examination requirements for a master esthetician license if the applicant holds:

Either a current District esthetician license or cosmetologist license; and

A National Esthetician Certification issued by the National Coalition of Estheticians Association.

3703.22 An applicant for a license by examination as a full wax and nails technician shall furnish proof satisfactory to the Board that the applicant has successfully completed:

Four hundred (400) hours of training in a licensed school or school otherwise acceptable to the Board, which shall include the following courses of study and hours:

SUBJECT HOURS

Skin Care/Treatment 30

Manicure/Pedicure 125

Waxing 50

Personal Hygiene 25

Anatomy 25

Bacteriology 25

Chemistry 35

Electricity 20

Sanitation 30

Ethics, Salesmanship, Courtesy,

and Conduct 25

D.C. Law 10

Total 400

or

Training and experience equivalent in the judgement of the Board to four hundred (400) hours.

3703.23 An applicant for a license by examination as a Wax Technician shall furnish proof satisfactory to the Board that the applicant has successfully completed:

One hundred fifteen (115) hours of training in a licensed school or school otherwise acceptable to the Boad, which shall include the following courses of study and hours:

SUBJECT HOURS

Skin Care 15

Skin Theory 15

Waxing 47

Wax Treatment 20

Salon Management 5

Client Consultation 8

D.C. Law 5

Total 115

or

Training and experience equivalent in the judgement of the Board to one hundred fifteen (115) hours.

3703.24 An applicant may obtain an instructor’s license from the Board by passing the examination and providing proof satisfactory to the Board that they:

(a) (1) Hold an active license as a barber, cosmetologist, or specialty cosmetologist in good standing from the Board

(2) Have at least two (2) years of full-time, verifiable work experience, in the practice of barbering, cosmetology, or a cosmetology specialty; and

Provide the following documents:

(i) Sample lesson plans and training materials;

(ii) At least two (2) letters of recommendation or professional references from a licensed barber, cosmetologist, or specialty cosmetologist, or employer; and

(iii) Proof of satisfying the continuing education requirements as set forth in § 3730 or other similar professional development training approved by the Board; or

(b) (1) Are a recent graduate from a Board-approved barber or cosmetology school;

(2) Is a licensed barber, cosmetologist, or specialty cosmetologist; and

(3) Has completed a five hundred (500) hour course of instruction in teaching techniques that includes the following topics:

(i) Educational theory and pedagogy;

(ii) Lesson planning and curriculum development;

(iii) Classroom management and professional ethics; and

(iv) Teaching practical demonstrations and evaluating student performance.

3703.25 Each instructor’s license shall be valid only for the specific practice area indicated on the license.

3703.26 Estheticians, cosmetologists, and specialty cosmetologists may manage a shop that provides services that must be provided by and supervised by individuals who possess a master esthetician license.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 57 DCR 512 (January 8, 2010); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3703

17 DCMR § 3704 BARBER AND COSMETOLOGY APPRENTICESHIPS

3704.1 Experience gained through a barber and cosmetology apprenticeship completed in barbershops or cosmetology salons shall satisfy the training and experience requirement for purposes of §3703.1 if:

(a) The apprentice completes classroom training as shown in §3704.5 and completes a minimum of two thousand (2000) hours of apprenticeship work experience;

(b) The apprenticeship work experience component is at least twenty (20) hours per week and work experience is not less than one (1) year but lasts no longer than two (2) years from the date of registration;

(c) Working as a "shampooer", by whatever name known, shall not be credited towards the work experience component of the apprenticeship;

(d) The apprenticeship classroom training curriculum has been approved by the Board;

(e) The apprentice is at least eighteen (18) years of age;

(f) The apprenticeship program complies with the requirements of The Office of Apprenticeship Information and Training as set forth in 7 DCMR Chapter 11 (Apprenticeship); and

(g) Any information provided to the Office of Apprenticeship Information and Training by the apprentice and instructor must be provided to the Board of Barber and Cosmetology.

3704.2 A barber or cosmetology apprenticeship may fulfill only the training and experience requirement of these regulations. Upon completion of the apprenticeship, the apprentice shall sit for examination within six months or lose credit for all training and experience gained in the apprenticeship.

3704.3 An individual shall be registered by the Board before the individual may serve as an apprentice in a beauty salon or barbershop in the District.

3704.4 While registration as an apprentice is in effect, the registration authorizes the individual to learn to practice barbering or cosmetology:

(a) In a cosmetology salon that holds a salon owner's license or a barbershop that holds a barbershop owner's license; and

(b) Under the supervision of;

(1) If learning the practice of cosmetology, a licensed cosmetology instructor;

(2) If learning the practice of barbering, a licensed barber instructor;

(c) A licensed instructor may train one apprentice at a time, but the minimum numerical ratio required shall be one (1) apprentice to every three (3) operators employed.

(d) Instructors that rent space pursuant to §3720 are not permitted to have apprentices and do not count towards instructor requirements of this section.3704.5 All classroom theory training must be completed before beginning the work experience part of the apprenticeship. The classroom training must occur in a Board approved school or continuing education course and shall consist of the following:

3704.5 All classroom theory training must be completed before beginning the work experience part of the apprenticeship. The classroom training must occur in a Board approved school or continuing education course and shall consist of the following:

(a) 500 classroom theory hours for Barbers consisting of the following:

(1)

Shampooing

15

(2)

Scalp Treatments

10

(3)

Chemical Straightening

150

(4)

Personal Hygiene

50

(5)

Ethics, Salesmanship

25

(6)

Courtesy, Conduct, D.C. Law

50

(7)

Anatomy, Physiology, Bacteriology, Pathology, Chemistry, Electricity

150

(8)

Sanitation

50

(b) 500 classroom theory hours for Cosmetologists consisting of the following:

(1)

Shampooing

15

(2)

Scalp Treatments

10

(3)

Chemical Straightening

150

(4)

Personal Hygiene

50

(5)

Ethics, Salesmanship

25

(6)

Courtesy, Conduct, D.C. Law

50

(7)

Anatomy, Physiology, Bacteriology, Pathology, Chemistry, Electricity

150

(8)

Sanitation

50

3704.6 Each registered apprentice shall display the certificate of registration conspicuously in the apprentice's place of employment or training and shall wear identification clearly showing that the individual is an apprentice.

3704.7 Registration as an apprentice is limited to a term of two years from the date of registration and is not renewable. If the apprentice has not fulfilled the requirements necessary to sit for the barber or cosmetology examination the apprentice may lose credit for the hours obtained.

3704.8 The Board, for good cause shown, may grant an apprentice an extension of time to complete the requirements of the apprenticeship. Good cause shall include medical emergencies, family emergencies, and military service.

3704.9 A request for an extension of time must be made in writing and filed with the Board no later than thirty (30) days before the expiration of the apprenticeship. The Board shall notify the apprentice within sixty (60) days of receiving the request for extension whether it approved or denied the request.

3704.10 Any extension of time granted by the Board shall expire no later than one hundred eighty (180) days from the date that the Board approves the extension.

3704.11 The decision to approve or deny a request for extension of time shall be made on a case-by-case basis and may be made by a simple majority of the Board members present at the meeting where the request is considered. The Board's decision regarding a request for extension is final.

3704.12 The apprentice registration shall only be valid for training and experience in barbering or cosmetology and is not valid for training and experience in any of the specialty cosmetology licenses.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003).

17 DCMR § 3705 DEMONSTRATORS

3705.1 Any person who seeks a license to conduct sales demonstrations of barber or cosmetology products and equipment shall furnish proof satisfactory to the Board that the applicant:

(a) Is at least eighteen (18) years of age and either;

(1) An agent or employee of a manufacturer or retailer of cosmetics or barber and cosmetology products and equipment employed to conduct sales demonstrations and is certified by the manufacturer or retailer; or

(2) Is a licensed barber, cosmetologist or specialty cosmetologist.

3705.2 No person shall charge a fee to the public for the services rendered or the materials used in connection with a demonstration.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003).

17 DCMR § 3706 TERM OF LICENSES

3706.1 Subject to the requirements of §3306.2 of this title, a license to practice barbering, issued pursuant to this chapter, shall expire at 12:00 midnight on September 30th of each odd-numbered year.

3706.2 Subject to §3306.2 of this title, a license to practice cosmetology or a cosmetology specialty, issued pursuant to this chapter, shall expire at 12:00 midnight on April 15th of each even-numbered year.

3706.3 Subject to §3306.2 of this title, a license to manage a barbershop, or to instruct in barbering, issued pursuant to this chapter, shall expire at 12:00 midnight on September 30th of each odd-numbered year.

3706.4 Subject to §3306.2 of this title, a license to manage a cosmetology or specialty salon, or to instruct in cosmetology or specialty cosmetology, issued pursuant to this chapter, shall expire at 12:00 midnight on April 15th of each even-numbered year.

3706.5 Subject to §3306.2 of this title a license to operate a cosmetology or specialty cosmetology salon, issued pursuant to this chapter, shall expire at 12:00 midnight on April 15th of each even-numbered year.

3706.6 Subject to §3306.2 of this title, a license to operate a barbershop, issued pursuant to this chapter, shall expire at 12:00 midnight on September 30th of each odd-numbered year.

3706.7 Subject to §3306.2 of the title, a certificate of registration to act as a demonstrator, issued pursuant to this chapter shall expire at 12:00 midnight on April 15th of each even-numbered year.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003).

17 DCMR § 3707 EXAMINATION

3707.1 Except as otherwise provided in this chapter, an applicant shall pass an examination approved by the Board.

3707.2 Upon appearance for the examination, and before being allowed to sit for any examination required for licensure under this chapter, applicants must present a valid proof of identity.

3707.3 Valid proof of identity shall be defined as; a non-expired District, State or Federal government issued photo-identification card, such as a driver's license, passport (issued within the past ten years), or non-driver's photo identification card.

3707.4 The Board or its appointee shall compare the photo present on the photo identification card to that which was provided by the applicant along with the applicant's application.

3707.5 Applicants that are not United States citizens are required to present a non-expired visa, passport from the country of citizenship, or United States of America Federal Government issued green card or other permanent residency document. Any document presented by the applicant originating from a foreign government must have been issued within the past eight years. Unless the Board allows otherwise, any document presented by a foreign applicant for the purposes of this section must include a photograph embedded within the document.

3707.6 International Driver's Licenses, employment identification cards (including those issued by government agencies), or other types of photo identification not specifically allowed by the Board are not considered valid proof of identity.

3707.7 The Board shall have the authority to deny entry into the examination to any applicant if there is a reasonable suspicion that the identification is invalid or that the person represented in the application photo and photo identification card referred to in §3707.3 are not the same. Failure to provide a valid proof of identity shall be grounds for disqualification from the examination.

3707.8 If the Board, at any time, determines that an applicant engaged the services of another person to take any part of an examination required under this chapter, the applicant shall be considered unfit to practice and shall not receive a license or, if the license has already been issued, shall have the license summarily suspended immediately. The Board shall proceed with further action consistent with the enforcement provisions of this chapter.

3707.9 Applicants or licensees found to have violated the provisions of this subsection are barred from reapplying for a license under this chapter for one year from the date of the Board's revocation or denial unless otherwise provided in the order. A permanent record shall be kept of the Board's decision and copies of the disciplinary action may be forwarded to all licensing authorities that offer reciprocity or endorsement to those professionals licensed in the District under this chapter. The Board shall conduct its hearing under this subsection independently from any criminal prosecution that may occur and the result of this hearing shall not be dependent upon the result of any criminal prosecution.

3707.10 It shall be the policy of this Board to refer all potential identity fraud incidents described in this section to the Metropolitan Police Department and Federal authorities for criminal investigation and prosecution.

3707.11 All student applicants shall take the exam within two years of graduation from, or completion of, an approved program at an approved school. Apprentices shall take the exam within six months of completing the apprenticeship program.

3707.12 All applicants whose first language is not English shall submit evidence satisfactory to the Board of the applicant's competency in the English language.

3707.13 Examinations shall be held in the District at least four (4) times per year.

3707.14 The examination may consist of a written, practical, oral, or computerized examination, as the Board considers appropriate.

3707.15 A passing score on the written and practical examination is required.

(a) To qualify for licensure, an applicant shall obtain a passing score of:

(1) Seventy percent (70%) for a cosmetology operator, specialty cosmetology operator, or barber; and

(2) Seventy-five percent (75%) for all manager or instructor licenses.

3707.16 An applicant, who fails any part of the practical exam, in order to be eligible for a license, shall be re-examined in the part(s) failed within one year after notice of the failed examination results. The applicant shall, for each of the next five (5) consecutive regular examinations offered by the Board, retain credit for those parts of the examination passed and for any additional subject or subjects passed at the five (5) consecutive regular examinations.

3707.17 If an applicant who has passed part of the practical examination does not apply to the Board for re-examination and is not re-examined in the part(s) failed at each of the five (5) consecutive regular examinations offered by the Board, the applicant shall forfeit all credits for those part(s) that the applicant passed and shall subsequently be re-examined as though the applicant were an applicant applying for the first time.

3707.18 An applicant who receives a failing grade on an examination, or on one or more parts of a multi-part examination, or fails to appear for a scheduled examination shall file a new application and pay a new fee. Examination fees are nonrefundable.

3707.19 The Director shall not reinstate the license, certification, or registration of a person who fails to apply for reinstatement within five (5) years after the license, certification, or registration expires. Such person may become licensed, certified, or registered only by meeting the requirements for obtaining an initial license, certification, or registration under this chapter.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003).

17 DCMR § 3708 WAIVER OF EXAMINATION - SPECIALTY COSMETOLOGY OPERATOR

3708.1 The Board may waive the examination requirements of §3707 for an applicant who meets the training, experience, and qualifications requirements to practice braiding or electrology and who proves to the satisfaction of the Board that the applicant was practicing braiding or electrology on a substantially full-time basis within the District of Columbia for three (3) years during the five (5) years immediately preceding the effective date of this chapter.

3708.2 The application for waiver of examination shall be filed within two years of the effective date of this chapter.

3708.3 An applicant shall demonstrate to the Board that the applicant has been practicing braiding or electrology on a substantially full-time basis by submitting evidence satisfactory to the Board that include the following:

(a) Affidavits from the applicant and three (3) licensed cosmetologists attesting to the nature of applicant's practice during the applicable time period;

(b) An affidavit from a certified public accountant or bookkeeper of the applicant's income tax or business record covering the applicable time period; and

(c) Any other information the Board considers relevant.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003).

17 DCMR § 3709 WAIVER OF EXAMINATION - BARBER INSTRUCTOR

3709.1 The Board may waive the examination requirements of §3707 for an applicant for a barber instructor's license that meets the applicable training, experience, and qualifications requirements to practice barbering and who provides to the satisfaction of the Board that the applicant has:

REPEALED.

At least two (2) years of experience either as a master barber instructor in a school acceptable to the Board; or

At least three (3) years of experience as a master barber during which time at least two (2) persons successfully completed a barber apprenticeship under the direct supervision of the applicant during the five (5) years that immediately precede the effective date of this chapter.

3709.2 In addition to the requirements set forth in §3709.1 the Board may consider any other information that it considers relevant.

3703.3 The application for waiver of examination shall be filed within two years of the effective date of this chapter.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3709

17 DCMR § 3710 [REPEALED]

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3710

17 DCMR § 3711 LICENSURE BY RECIPROCITY OR ENDORSEMENT

3711.1 An applicant for a license by reciprocity or endorsement shall furnish proof satisfactory to the Board that the applicant has paid the applicable fee and:

(a) If applying for licensure by reciprocity the applicant must provide a letter of good standing from a jurisdiction with requirements which, in the opinion of the Board, were substantially equivalent at the time of the applicant’s licensure to those of the District of Columbia, and which jurisdiction admits barbers and cosmetologists licensed by the District in a like manner; or

(b) If applying for licensure by endorsement the applicant must provide the Board with written certification that he or she:

(1) Passed an examination acceptable to the Board that is applicable to the license sought in the District;

(2) Has an active certification from a recognized national certifying organization that is listed in § 3711.5 of this chapter; and

(3) Has not been disciplined or otherwise disqualified by the national certifying organization relied upon for the application for licensure by endorsement.

3711.2 The Board may deny an application for a license by reciprocity or endorsement to a person against whom disciplinary action has been taken, or who has been convicted of a crime bearing on the applicant's fitness to practice.

3711.3 The Board may interview an applicant under this section to determine whether the applicant's education, training, or character meets the requirements of the Act and this chapter.

3711.4 In addition to the requirements of §3711.1, an applicant for a license by reciprocity or endorsement shall prove to the satisfaction of the Board that the applicant was actively engaged in the profession in the other jurisdiction.

3711.5 The following organizations shall be recognized by the Board as national certifying organizations acceptable to the Board whose standards for certification are at least as high as the education and experience standards set forth in this chapter for the same profession or occupation in the District:

(a) Master Estheticians - National Coalition of Estheticians, Manufacturers/Distributers & Associations (NCEA).

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 57 DCR 512, 517 (January 8, 2010).

17 DCMR § 3712 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

3712.1 The Board may grant a license to practice barbering, cosmetology, or specialty cosmetology to an applicant who completed an educational program in a foreign country if the applicant meets the following requirements:

(a) Submits proof to the Board of an official transcript or notarized copy of the degree, diploma, or certificate indicating that the applicant has completed a barbering or cosmetology program in a country other than the United States and its territories or comparable experience and training in other specialties;

(b) Submits evidence satisfactory to the Board of the applicant's competency in the English language; and

(c) Satisfactorily completes the District of Columbia barbering, cosmetology and special cosmetology examination administered by the Board or its designee, in accordance with §3707 of this title.

3712.2 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board, at the applicant's own expense, and shall submit a translation on the translator's official stationery that is also signed and dated by the translator attesting to its accuracy.

3712.3 The Board may interview an applicant under this section to determine whether the applicant's education, training, or character meets the requirements of the Act and this chapter.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003).

17 DCMR § 3713 DISPLAY OF LICENSE

3713.1 A licensee of a barber, cosmetology, or specialty cosmetology salon shall display the salon licenses unobstructed from the view of patrons.

3713.2 All individual licensees shall wear or carry, either physically or digitally, their license and make it available upon request. Individual licenses shall also be placed at each station and in plain view of patrons.

3713.3 Each person licensed, certified, or registered under this subchapter shall notify the Mayor of any change of address of the place of residence or place of business or employment within 30 days after the change of address.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3713

17 DCMR § 3714 PRELICENSURE SUPERVISED PRACTICE

3714.1 The following persons shall be authorized to engage in the prelicensure supervised practice of barbering, cosmetology, or specialty cosmetology:

(a) A student fulfilling the educational requirements of the Act in a licensed school; or

(b) An applicant for a license who has an initial application before the Board and who has demonstrated to the Board that the applicant meets all of the qualifications for licensure except sitting for the examination.

3714.2 A student may engage in prelicensure practice only after completion of one-third (1/3) of the required course hours in a licensed school.

3714.3 A student who practices pursuant to this section shall practice only in a licensed school under a licensed instructor.

3714.4 An applicant may engage in prelicensure practice only upon submitting a complete and accurate application and receiving a letter permitting supervised practice from the Board. An applicant under §3714.1(b) who fails the examination for licensure shall not be permitted to continue practicing under this section and shall be required to meet the examination requirements set forth in §3707 for reexamination.

3714.5 An applicant shall take the first licensing examination offered by the Board following submission of the application for licensure.

3714.6 The Board may waive §3714.5 if the applicant's reason for failing to sit for the first examination constitutes good cause.

3714.7 A student or applicant shall be subject to all of the applicable provisions of the Act and this chapter. The Board may deny an application for a license by, or take other disciplinary action against, a student or applicant who is found to have violated the Act or this chapter.

3714.8 An applicant shall take the next examination following a waiver of the provision for examination in §3714.6.

3714.9 A person who has been denied a license or disciplined by the Board, or who has such an action pending in the District of Columbia or in another jurisdiction, shall not practice pursuant to this section unless authorized by the Board in writing.

3714.10 An applicant who practices pursuant to this section shall practice only in a licensed school, salon or shop.

3714.11 A student or applicant shall practice only under the immediate supervision of a licensed barber instructor, cosmetology instructor, or specialty cosmetology instructor.

3714.12 A student or applicant shall not receive compensation of any kind from a customer, either directly or indirectly, except for a salary based on hours worked under supervision.

3714.13 While serving the public, the student or applicant shall wear a nametag acceptable to the Board indicating their status as a student or applicant.

3714.14 A student or applicant shall not assume management or supervisory responsibility for the operation of a school, salon, or shop.

3714.15 The supervisor shall be fully responsible for all practice by a student or applicant during the period of supervision and is subject to disciplinary action for any violation of the Act or this chapter by the student or applicant.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3714

17 DCMR § 3715 [RESERVED]

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003).

17 DCMR § 3716 BARBERSHOPS AND COSMETOLOGY SALONS

3716.1 No person shall operate a salon or shop anywhere in the District without first having obtained the appropriate Business licenses, registrations, and/or certificates.

3716.2 Beauty and Grooming Services License to operate a salon or shop in the District shall be issued until the Director of the Department of Licensing and Consumer Protection has done the following:

(a) Determined that the applicant has complied with all applicable laws and regulations enforced by the Department;

(b) Verified that the proper barber, cosmetology, or specialty cosmetology professional license required by this chapter has been issued; and

(c) Determined that the applicant has paid the applicable fees as established by the Director and has been issued the appropriate Certificate of Occupancy.

3716.3 Each salon or shop owner shall apply for and obtain from the Board a salon or shop license that shall be issued without examination.

3716.4 Any owner who intends to manage a salon or shop shall obtain a salon license.

3716.5 A license shall be obtained for each place of business and the appropriate fee shall be paid for each license.

3716.6 Each salon or shop owner shall frame the salon or shop license under clear glass or plastic and shall post the license in the salon or shop in plain view of the public.

3716.7 [REPEALED].

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3716

17 DCMR § 3717 FACILITIES AND EQUIPMENT

3717.1 Unless the Director of the Department of Licensing and Consumer Protection certifies in writing that business other than a salon or shop may be conducted in the space designated as the salon or shop without creating a public health or safety hazard, each salon or shop shall be completely separated by a solid floor-to-ceiling wall or partition, unbroken by any door or window, from any space in which any other business is conducted and from any place designed or intended for human habitation.

3717.2 The solid wall or partition shall be constructed in accordance with the requirements of the District of Columbia Construction Code and must bear the appropriate preconstruction permits.

3717.3 A salon or shop may have a door or window opening directly on a public corridor, hallway, passageway, lobby, or to the outside of the building.

3717.4 Each salon or shop shall have at least one (1) water closet facility (a room with a sink and toilet), which shall be considered adequate if it meets the following requirements:

(a) The water closet is located within the same building as the salon or shop;

(b) The water closet is accessible without going outside the building or through space exclusively controlled by another;

(c) The water closet may be reached by a line of travel not exceeding one hundred feet (100');

(d) The use of the water closet is not shared by any dwelling unit.

3717.5 Water closet walls shall have nonabsorbent surfaces.

3717.6 Water closet floors shall comply with the requirements of § 110 of Title 22 of the District of Columbia Municipal Regulations (Public Health and Medicine).

3717.7 Adequate facilities for heating the salon or shop shall be provided in accordance with the requirements of § 110 of Title 22 of the District of Columbia Municipal Regulations (Public Health and Medicine).

3717.8 All rooms used for the purpose of beauty and barber culture shall be provided with artificial illumination, reasonably uniformly distributed, to give an illumination of an intensity of thirty (30) foot-candles at the working surface of each work stand.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3717

17 DCMR § 3718 MINIMUM EQUIPMENT

3718.1 Each barber, braiding, and cosmetology salon or shop shall have the equipment required in this section.

3718.2 There shall be at least one (1) sink with running hot and cold water for general salon or shop purposes, and at least one (1) sink with running hot and cold water for shampoo purposes.

3718.3 Except for specialty braiding salons, there shall be an additional shampoo sink with hot and cold running water for each two chairs beyond the first; provided, that each shampoo sink shall not be located more than twenty feet (20') from any chair which it is intended to serve and shall be located within the same room. For specialty braiding salons, there shall be an additional shampoo sink with running hot and cold water for each four (4) chairs beyond the first.

3718.4 Any shampoo sink serving a chair or chairs or shampoo booth or booths shall be equipped with shampoo fittings and trim.

3718.5 Shampoo sinks, other than those in booths, shall not be spaced closer than four feet (4') center to center.

3718.6 In existing salons or shops, the Director shall permit variations from the requirements of §3718.5 by not more than eighteen inches (18").

3718.7 All plumbing fittings and fixtures shall be designed and installed or operated to prevent the possibility of any cross-connection or interconnection between waste and potable water.

3718.8 All salons or shops shall contain at least one (1) service sink not less than sixteen inches (16") wide, sixteen inches (16") long, and ten inches (10") deep, with hot and cold running water, for custodial purposes only; provided, that where a part of a premises is used for custodial purposes, it shall be sufficient if the plumbing fixtures are provided within the building if the fixtures can be reached by a line of travel not exceeding one hundred feet (100') without going outside the building.

3718.9 There shall be closed storage cabinets for supplies, clean linens, and storage space for supplies and other materials used in a practice covered by these regulations.

3718.10 In addition to the equipment required in §§3718.2 through 3718.9, each salon or shop shall contain the following:

(a) Storage space for custodial equipment and supplies;

(b) Covered containers lined with disposable plastic bags for the daily removal of all waste materials;

(c) Supplies of appropriate disinfectant and fungicide;

(d) Clean laundered towels, hair capes, and shampoo capes;

(e) Neck strips and suitable dispenser;

(f) Hair dryers;

(g) Hairdressing stand or dresserette with a shelf and mirror; and

(h) Facial or all-purpose chair.

3718.11 Each all-purpose cosmetology station or booth shall have the following equipment:

(a) All-purpose cosmetology chair;

(b) Covered container for disinfecting tools;

(c) Closed cabinet or covered container for clean tools;

(d) Shampoo dispenser;

(e) Waving fluid dispenser, if necessary;

(f) Container for waste materials; and

(g) Portable shampoo boards where necessary.

3718.12 Each braider station shall have the following equipment:

(a) All-purpose cosmetology chair;

(b) All-purpose stool;

(c) Covered container for disinfecting tools;

(d) Closed cabinet or covered container for clean tools;

(e) Portable shampoo board and shampoo dispenser where necessary; and

(f) Closed container for waste materials.

3718.13 Each barber chair shall have the following equipment:

(a) Barber chair with head rest having a changeable cover;

(b) One (1) or more covered containers for disinfecting and fungicidal solution;

(c) One (1) closed cabinet for tools and clean linen;

(d) One (1) closed container for soiled linen;

(e) One (1) closed container for used papers;

(f) Automatic lathering device or devices; and

(g) Clean headrest covers and suitable dispensers.

3718.14 Each manicurist station shall have the following equipment:

(a) Manicuring stand, either stationary or movable, with a lamp;

(b) Closed cabinet or covered container for the storage of clean and disinfected manicuring instruments;

(c) Covered container of a size that will accommodate the instruments to be disinfected;

(d) Closed container for waste materials; and

(e) At least two (2) complete sets of manicuring instruments.

3718.15 In addition to the equipment required in §§3718.7 through 3718.9., each manicuring salon shall have the following:

(a) Storage space for custodial equipment and supplies;

(b) Covered containers for all waste materials;

(c) Adequate supplies of appropriate disinfectant and fungicide;

(d) Clean laundered towels and additional facial or clasp exaspirator masks upon request for customers;

(e) Stationary or mobile manicuring stand with lamp and two chairs;

(f) Closed cabinet or covered container for storing clean and disinfected manicuring instruments;

(g) Adequately-sized covered container for disinfected instruments;

(h) One (1) general purpose sink with running hot and cold water for every twelve (12) manicure stations; and

(i) At least one (1) complete set of manicuring instruments per operator.

3718.16 In addition to the equipment required in §§3718.2 through 3718.9, each esthetics salon shall have the following:

(a) Storage space for custodial equipment and supplies;

(b) Each treatment room shall have a covered trash container;

(c) Supplies of appropriate disinfectant, fungicide, and astringent;

(d) Clean laundered towels and customer drapes for each customer;

(e) A facial or all-purpose chair or table;

(f) A closed cabinet or covered container for the storage of clean and disinfected instruments;

(g) A covered container of a size that will accommodate the instruments to be disinfected; and

(h) A dispenser pump, spray-type container, squeeze bottle, or spatula from which all fluids, creams, and lotions shall be dispensed.

3718.17 In addition to the equipment requirements in §3718.16 of this chapter, a Beauty school, approved by the District of Columbia Educational Licensure Commission or the Board, that offers beauty services normally performed by an esthetician shall comply with the following sanitation requirements;

(a) Creams, lotions, powders, and other cosmetics shall be removed from the patron using disposable absorbent cotton, cleansing tissue, cotton swab, freshly laundered towels, pledget, or other similar material;

(b) Lip and eyebrow pencils shall be sharpened then wiped with alcohol after each use;

(c) Lip color, eye color, shadows, or other cosmetics shall be removed from the original container with a clean spatula and applied to the patron with a clean disposable or sanitized applicator or removed from container with a disposable applicator;

(d) Disposable lip, makeup, eyelash, or other cosmetic application shall be discarded immediately after use;

(e) Hair removal waxes may not be used for more than one client. Any excess wax left after client service shall be discarded immediately;

(f) Disposable blood lancets shall be discarded immediately after use and placed into a sharps container;

(g) Bleach solution or seventy percent (70%) alcohol shall be kept on the esthetician tray for contact disinfecting of non-disposable implements that may come into contact with blood and non-disposable implements shall be sterilized with dry heat, autoclave, or chemically;

(h) Nondisposable drapings shall be laundered after each client;

(i) All fluids, creams and lotions shall be dispensed with a dispenser pump, spray- type container, squeeze bottle, or spatula;

(j) Estheticians should use disposable gloves for extractions of inflammatory lesions.

3718.18 In addition to the equipment requirements in §§3718.14 and 3718.15 of this chapter, a beauty school approved by the District of Columbia Educational Licensure Commission or the Board that offers beauty services normally performed by a manicurist shall comply with the following sanitation requirements:

(a) Finger bowls and foot bath basins shall be cleansed in soap and water and properly disinfected between patrons;

(b) Oils used in the manicuring process shall be poured into a disinfected container or pumped into a disinfected hand. Any remaining excess oil shall be immediately discarded;

(c) Methyl Methacrylate (MMA);

(1) A person may not use or possess methyl methacrylate liquid monomer (MMA) in a salon of any type in the District of Columbia.

(2) To determine whether a person is in violation of subsection (c)(1) of this section, an inspector may chemically test products or take samples of products at random or when the inspector suspects that a product is illegal.

(3) A person who violates this section may be subject to fines and/or other discipline pursuant to this chapter.

(d) The manicure table top shall be maintained in a sanitary condition at all times;

(e) A clean towel or disposable paper cover shall be placed over the manicure cushion and footrest and changed between clients;

(f) Each emery board shall be discarded after use unless it can be cleansed and disinfected;

(g) All nondisposable implements shall be cleansed and then disinfected before reuse;

(h) Instruments used on an individual client shall be placed in a jar sanitizer containing cotton saturated with seventy percent (70%) alcohol or bleach during the manicure process to keep the instruments in a sanitary condition during the entire manicure procedure;

(i) The complete set of manicuring instruments shall be properly cleansed and disinfected after use on each patron and stored in a dry sanitizer;

(j) The following procedures shall be followed when paraffin wax is used:

(1) A paraffin wax treatment shall be performed before, and not after, a manicure or pedicure;

(2) The patron shall be free of broken skin or any skin disorder before the treatment;

(3) The patron's hands or feet shall be disinfected before being dipped into a paraffin wax; and

(4) The paraffin wax shall be kept sanitary and free of any debris.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003).

17 DCMR § 3719 ELECTROLOGY

3719.1 In addition to the equipment required in §§3718.7 through 3718.9, each Electrology salon shall contain an office that provides the following:

(a) Separate treatment and waiting rooms;

(b) Each treatment room shall be a least forty eight (48) square feet;

(c) One sink with hot and cold running water in each treatment room;

(d) Adequate lighting;

(e) Adequate ventilation;

(f) Sanitary condition;

(g) Toilet facilities; and

(h) An office completely separate and distinct from any dwelling unit.

3719.2 A home office must comply with all local zoning laws. A copy of an approved home occupancy permit shall be submitted to the Board thirty (30) days before opening.

3719.3 A valid license or Board-certified duplicate license shall be displayed at all times.

3719.4 Electrologists shall notify the Board of their business address by certified mail thirty (30) days before opening an office or branch office.

3719.5 Electrologists shall notify the Board in writing of any change of business address within thirty (30) days.

3719.6 Board members or their agents or designees may inspect any licensee's shop or salon upon reasonable notice.

3719.7 Electrologists shall use only Board-approved modalities which are:

(a) Electrolysis (Galvanic);

(b) Thermolysis; and

(c) The Blend.

3719.8 Electronic tweezer or non-needle methods are prohibited within the practice of electrology.

3719.9 Epilators shall be approved by the Federal Communications Commission (FCC) and conform to Federal Food and Drug Administration (FDA) standards.

3719.10 Epilators shall be maintained in proper working condition.

3719.11 Optimum timing and intensity during treatment shall be used to affect proper epilation of hair and to avoid tweezing.

3719.12 A professional lamp and magnification shall be used to view the treatment area.

3719.13 A professional treatment table or chair shall be used to administer treatments.

3719.14 A clean head towel or drape sheet shall be used for each patron.

3719.15 Sanitary disposable paper drapes or washable tabletops or chairs that must be sanitized shall be used on the treatment table or chair for each patron. Paper drapes shall be stored in a closed cabinet. Soiled disposable items shall be discarded into a container lined with a securely fastened plastic bag and removed daily.

3719.16 Each treatment room shall have a covered trash container.

3719.17 Smoking is prohibited in the treatment room.

3719.18 A clean lab coat or uniform is acceptable professional attire.

3719.19 The electrologist shall explain the following to the patient before treatment:

(a) Treatment procedure;

(b) Modality used;

(c) Hair growth cycles;

(d) Regrowth;

(e) Importance of keeping follow-up treatment schedule;

(f) Possible tissue reactions following treatment;

(g) Importance of after-treatment care;

(h) Treatment fee; and

(i) Signed informed consent to treat.

3719.20 The service provider is required to maintain an individual case history card for each patron. A complete past and current health history shall be obtained from each patron before treatment.

(a) In addition to any privacy protections already established under Federal law or District of Columbia law, any medical information collected by the service provider shall not be disclosed to a third party unless the patron has provided a signed written consent to such disclosure, which shall be obtained on a case by case basis, except that disclosure of medical information may be made to medical professionals in case of a medical emergency that arises during treatment or such information is required to be disclosed by law.

(b) Medical information shall be returned to the patron upon request and the service provider shall not retain copies of the records.

(c) The service provider shall shred all copies of patron medical information if a patron does return for treatment within one year from the date of the last treatment.

(d) The patron's medical record shall be updated and evaluated on a current basis, and shall include the following:

(1) Name, address, telephone number, and date of birth;

(2) Medical history and current update or a letter from the patron's physician clearing the patron for Electrology treatment;

(3) Prior methods of controlling or removing hair;

(4) Condition of tissue before initial treatment and any subsequent change;

(5) Pattern and structure of hair growth initially presented and significant subsequent changes;

(6) Date of each treatment;

(7) Area of treatment;

(8) Duration of treatment;

(9) Fee charged; and

(10) Signed informed consent to treat.

(e) Social Security Numbers shall not be kept as part of any patron's medical record.

(f) Violation of the privacy protections in this subsection shall be subject to the enforcement provisions of this chapter and any other applicable law or regulation. Private rights of action available at common law or otherwise provided for by statute are not barred.

3719.21 Electrologists shall wash both hands using soap, warm water, and good mechanical action immediately before and after treating each patron.

3719.22 A fresh pair of nonsterile, disposable examination gloves shall be worn during the treatment of each patron and while cleaning instruments.

3719.23 Electrologists shall wash both hands before putting on gloves.

3719.24 If a needle pricks the glove of an electrologist, the electrologist shall remove and discard gloves, wash and dry hands, and then use a fresh pair of gloves.

3719.25 A sterile needle and sterile forceps shall be used for each patient. Needles shall not be re-used and shall be disposable.

3719.26 Sterile forceps or other sterile instruments shall be used for each patient to release ingrown hairs.

3719.27 Treatment solutions shall be labeled as to contents and covered when not in use.

3719.28 Skin areas to be treated shall first be cleansed thoroughly with seventy percent (70%) isopropyl alcohol or antiseptic lotion.

3719.29 Mucous membranes and the external auditory canal of the ear may not be treated without the written approval of a licensed physician.

3719.30 An electrologist shall not treat a person infected with any contagious skin disease or on a skin malignancy.

3719.31 One of the following applications shall be applied to the tissue after treatment:

(a) Seventy percent (70%) isopropyl alcohol;

(b) Witch hazel;

(c) Hydrogen peroxide; or

(d) Other approved antiseptic for the skin.

3719.32 Ice, healing cream, or lotion may be used at the electrologist's discretion.

3719.33 Specific, written home care instructions shall be given to each patron following the first treatment and as needed.

3719.34 Disposable or damaged instruments shall be placed in a sharps container which is impervious to puncture. The instruments shall be disinfected with a freshly prepared 1:10 solution of household bleach and water consisting of one (1) part bleach and ten (10) parts water, and allowed to stand for at least thirty (30) minutes. The solution shall then be poured off, and the container securely sealed and disposed of in compliance with local laws.

3719.35 Tips of epilator probe holders shall be wiped with a detergent germicide after each treatment.

3719.36 Epilator probe cords which have been in direct contact with a patron or practitioner shall be wiped with a detergent germicide after each treatment.

3719.37 The treatment lamp shall be wiped with a detergent germicide after each treatment.

3719.38 After each use, patron eyeshields shall be cleaned with soap or detergent and water, then rinsed and dried.

3719.39 A hospital-grade disinfectant-detergent registered by the U.S. Environmental Protection Agency (EPA) shall be used for cleaning environmental surfaces.

3719.40 Each electrologist's office and every institution teaching the clinical practice of electrology shall contain sterilization equipment adequate in size to accommodate forceps and soaking receptacles. Needles shall not be re-used.

3719.41 Needles or probes shall be pre-sterilized and disposable for single use.

3719.42 Transfer forceps and holding containers shall be kept clean and sterilized

3719.43 Unused instruments in open containers shall be reprocessed after a twenty-four (24) hour period.

3719.44 Forceps and the soaking receptacle shall be rinsed, dried thoroughly, and placed on a steel tray or rack in the center of an autoclave or heat sterilizer, separating instruments and keeping them away from walls of the unit.

3719.45 One recommended method of sterilization is Moist Heat (Steam Under Pressure) autoclave.

(a) The following time-temperature relationships are recommended:

(1) Fifteen to Twenty (15 to 20) minutes at one hundred twenty-one degrees centigrade (121°C) two hundred sixty degrees Fahrenheit (260°F), fifteen (15) psi (pounds per square inch) for unpackaged instruments;

(2) Thirty minutes at one hundred twenty-one degrees centigrade (121°C) two hundred sixty degrees Fahrenheit (260°F), fifteen (15) psi (pounds per square inch) for packaged instruments.

(b) The exposure times in §3719.45(a)(1) and (2) relate only to the time the material is heated at the specific temperature and does not include a penetration or heat-up lag time.

3719.46 Another approved method of sterilization is with a Dry Heat Oven.

(a) The following time-temperature relationships are recommended:

(1) Three Hundred Forty degrees Fahrenheit (340°F), one hundred seventy degrees centigrade (170°C)/ one hour; and

(2) Three Hundred Twenty degrees Fahrenheit (320°F), one hundred sixty degrees centigrade (160°C)/two hours.

(b) The temperatures in §3719.46(a)(1) and (2) relate to the time of exposure after attainment of the specific temperature and do not include a heat-up lag time.

3719.47 Sterile needles and forceps shall be stored in sterile covered containers until used.

3719.48 Forceps dropped on the floor or otherwise contaminated may not be used until sterilized. Needles dropped on the floor or contaminated shall be properly disposed of and replaced.

3719.49 Dry heat oven and autoclaves shall be registered with the Food and Drug Administration (FDA), and shall be cleaned, used, and maintained according to the manufacturer's instructions.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003).

17 DCMR § 3720 BOOTH RENTALS/CHAIR RENTALS/SPACE RENTING

3720.1 Booth renting, chair renting, or space renting, by whatever name called, is recognized by the Board as an independent business and each booth, chair, or space shall have a salon owner’s license and the appropriate business licenses or registrations.

3720.2 Booth, chair, or space renting may be practiced by a licensed barber, cosmetologist, specialty cosmetologist, or instructor at a salon licensed in accordance with D.C. Official Code § 47-2851.01 et seq.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3720

17 DCMR § 3721 MULTIPLE LICENSES NOT REQUIRED

3721.1 A licensed barber instructor is permitted to practice as a barber without obtaining a separate barber license.

3721.2 A licensed cosmetology instructor is permitted to practice as a cosmetologist class A without obtaining a cosmetologist class A license.

3721.3 A licensed specialty cosmetology instructor is permitted to practice all disciplines within that specialty without obtaining any other professional specialty cosmetology license.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3721

17 DCMR § 3722 REQUIREMENTS OF SCHOOLS TEACHING BARBERING, COSMETOLOGY AND SPECIALTY COSMETOLOGY

3722.1 A Barber, Cosmetology, or Specialty Cosmetology school approved by the District of Columbia Educational Licensure Commission or the Board shall comply with the sanitation provisions of these regulations.

3722.2 Every school shall be well lighted, heated, and ventilated, and shall be kept in a clean and sanitary condition.

3722.3 The walls, curtains, and floor coverings in a school shall be washed and kept clean.

3722.4 All schools shall be supplied with hot and cold running water.

3722.5 The premises shall be kept free from rodents, vermin, flies, or other disease vectors.

3722.6 The school may not be used for sleeping or living quarters.

3722.7 All hair, cotton, or other waste material shall be removed from the floor immediately, deposited in a closed container, and removed from the premises frequently.

3722.8 Rest rooms shall be kept in a sanitary condition and have a soap dispenser and disposable towels.

3722.9 All students shall wear clean, washable garments; such as uniforms, aprons, jackets, or smocks.

3722.10 All students shall wash their hands before attending each patron.

3722.11 Disposable gloves shall be worn if a student has a cut or open wound.

3722.12 Instruments used in direct contact with a client shall be washed in soap and water before being immersed in a disinfectant solution for the required length of time as specific in this regulation.

3722.13 Instruments shall be disinfected in any one of the following disinfecting solutions:

(a) A commercially-marketed EPA-approved and registered disinfecting agent sold for the purpose of disinfecting implements and tools used in the practice of beauty culture, provided that all manufacturers' instructions are carefully followed;

(b) A solution of one part household bleach to ten parts water for ten (10) minutes.

(c) A solution of water mixed with either five percent (5%) carbolic acid or four percent (4%) formaldehyde for twenty (20) to thirty (30) minutes; or

(d) A solution of seventy percent (70%) alcohol for twenty (20) to thirty (30) minutes.

3722.14 Each school shall have at least one wet sanitizer containing a disinfectant solution and one closed drawer or cabinet that contains an active fumigant.

3722.15 Cleaned and disinfected implements and equipment shall be stored in a dry cabinet or drawer sanitizer that contains an active fumigant or electrical sanitizer.

3722.16 The use of neck dusters, powder puffs, sponges, styptic pencil, and lump alum or any other equipment or implement, which cannot be sanitized and disinfected, may not be used on more than one client.

3722.17 Lotions, oils and any other type of liquid shall be poured into a disinfected container or disinfected hand. Any excess remaining after application shall be discarded immediately and not returned to the original container or applied to another client.

3722.18 Lotions, ointments, creams, and powders shall be kept in clean, closed containers. All cosmetic containers shall be re-covered immediately after use.

3722.19 Every headrest and footrest for pedicures shall be covered with a clean towel or disposable paper for each client.

3722.20 A school shall have a closed cabinet in which laundered towels are stored and a separate bin or hamper for the disposal of soiled towels. If the school does its own laundering, the school shall have both an automatic washer and dryer on the premises.

3722.21 Creams shall be dipped from a container with a clean spatula, and the instrument may not come into contact with the patron. Creams may not be removed with the fingers.

3722.22 An instrument that caused a skin abrasion or cut shall be immediately cleansed, disinfected, sterilized, and inspected according to bacteriology and sterilization standards. If bleeding occurs, a tissue or cotton shall be used to blot up the blood. Blood-contaminated materials shall be disposed of immediately in a sealed, double plastic bag and all forceps shall be sterilized.

3722.23 A student whose hands come into contact with blood shall wash and disinfect them immediately.

3722.24 Pressing combs shall be kept clean and free of carbon by using a hot soda solution or similar cleansing agent. Between clients, pressing combs shall be scrubbed with a stiff brush, rinsed, disinfected, and dried.

3722.25 Curling irons shall be wiped with a clean cloth after use on each client. They shall be cleansed in a soap solution containing a portion of ammonia or similar cleansing agent and wiped dry each day to keep them clean and free from rust, grease, and dirt.

3722.26 Hot combs and curling irons shall be used in a well ventilated area and wiped free of grease and hair with a paper towel or cloth before their placement in the heater.

3722.27 A minimum of eight (8) combs and four (4) brushes shall be available for each student.

3722.28 Protective neck strips or similar coverings shall be used on each client.

3722.29 Shampoo bowls shall be washed after each shampoo and sanitized frequently with a disinfectant to ensure cleanliness.

3722.30 Permanent waving retention rods shall be cleansed and sanitized after each use. End papers shall be discarded immediately after use.

3722.31 Soiled combs, brushes, towels, or other used material shall be removed from the tops of workstations immediately after use.

3722.32 Hair clips, hairpins, bobby pins, or similar implements may not be placed in the mouth.

3722.33 Objects dropped on the floor shall not be used until they are cleansed and disinfected.

3722.34 Each barber, cosmetology, or specialty cosmetology school shall, where appropriate, contain the following:

(a) Storage space for custodial equipment and supplies;

(b) Covered containers lined with disposable plastic bags for the daily removal of all waste materials;

(c) Supplies of appropriate disinfectant and fungicide;

(d) Clean laundered towels, hair capes, and shampoo capes;

(e) Neck strips and suitable dispensers;

(f) Hair dryers;

(g) Hairdressing stands or dresserettes with a shelf and mirror; and

(h) Facial or all-purpose chairs or tables.

3722.35 Each barber, cosmetology, or specialty cosmetology station or booth shall have the following equipment, where appropriate:

(a) All-purpose barber, cosmetology, facial chair, or table;

(b) Covered container for disinfecting tools;

(c) Closed cabinet or covered container for clean tools;

(d) Shampoo dispenser, if necessary;

(e) Waving fluid dispenser, if necessary;

(f) Closed container for waste materials;

(g) Portable shampoo board where necessary;

(h) All-purpose stool;

(i) Barber chair with head rest having a changeable cover;

(j) One (1) closed container for soiled linen;

(k) One (1) closed container for used papers;

(l) Automatic lathering device, where necessary;

(m) Clean head-rest covers and suitable dispensers;

(n) Manicuring stand, either stationary or movable, with a lamp;

(o) At least two (2) complete sets of manicuring instruments;

(p) One general purpose sink with running hot and cold water for every twelve (12) manicure stations;

(q) Clean laundered towels and customer capes for each customer; and

(r) Dispenser pumps, spray type containers, or spatulas to dispense fluids, creams, and lotions.

3722.36 Each barber, cosmetology, and specialty cosmetology school shall, where appropriate, have, at a minimum, the equipment required in this section:

(a) There shall be at least one (1) sink with running hot and cold water for general salon purposes, and at least one (1) sink with running hot and cold water for shampoo purposes;

(b) Sufficient electrical equipment and dermal lights for giving instruction in electrology, skin care, and electrical facials. Note: Equipment shall not be used to stimulate so as to contract, or for the purpose of contracting, the muscles of the body or face;

(c) Mannequins, with full heads of hair, for each student;

(d) Time clocks or timers;

(e) One shampoo bowl for every ten (10) clinic stations;

(f) One hair dryer for every six (6) clinic stations;

(g) One facial chair or table for every five (5) students;

(h) One manicure station for every five (5) students;

(i) Electrical caps; and

(j) Thermal hair straighteners:

(1) Non-electric comb;

(2) Non-electric curling iron (at least two (2) sizes);

(3) Stove for non-electric combs and curling irons; and

(4) Electric curling iron.

3722.37 Schools shall use text and reference books approved by the Board. Other teaching materials may be used to supplement the approved text and reference books.

3722.38 Schools shall provide the following materials to each student;

(a) At least one (1) of the textbooks approved by the Board;

(b) Any two (2) approved texts other than the text provided to the students;

(c) The Performance Criteria developed by the Board;

(d) A copy of 17 DCMR Chapter 37;

(e) A list of text and reference books approved by the Board; and

(f) A supply kit that includes the necessary tools to perform the practical lessons.

3722.39 Student Practice Limitations include the following:

(a) A student shall not be permitted to work upon a paying patron until he or she has completed the freshman period of training and instructions. The freshman period shall be ten (10) percent of the total training hours specified for each course.

(b) A student shall not be permitted to work upon a paying patron until the student has completed all of the required technical instruction and practical training in the specific service or specialty involved.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003).

17 DCMR § 3723 BOARD APPROVAL OF BARBER AND COSMETOLOGY SCHOOLS

3723.1 All schools are required to be licensed by the Education Licensure Commission, as set forth in 16 DCMR Chapter 12.

3723.2 All schools must maintain a current license from the Education Licensure Commission.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 55 DCR 7559 (July 11, 2008).

17 DCMR § 3724 [RESERVED]

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003).

17 DCMR § 3725 SERVICE AND PRICING POLICY

3725.1 The owner of each salon or shop shall post and maintain signs and/or provide written service and price lists stating the price or range of prices for each category of services rendered to the public.

3725.2 Each salon or shop shall post signs and/or price lists in English, which are clearly legible, and readable from each patron's chair at all times. Secondary signs and price lists in languages other than English are permitted, provided that the prices and services listed on the English language and non-English language signs and price lists are identical.

3725.3 No licensee shall refuse to serve any patron based upon the patron's race, color, hair texture, or other discriminatory category, or for reasons prohibited by the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code 2-1401.01 et seq.) (2001), as amended, and any other District of Columbia or United States Federal Government anti-discrimination rule, regulation, or Act.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3725

17 DCMR § 3726 MASSAGES AND SPA TREATMENTS

3726.1 Except as permitted by § 3726.2, no barber or cosmetologist (including specialty cosmetology licensees) shall massage any part of a patron's body other than the scalp, face, neck, hands, or feet, nor shall any barber or cosmetologist perform any spa treatment services.

3726.2 Cosmetologists and estheticians may massage the skin of a patron's body, outside of the locations listed in §3726.1, if the massage is directly related to and necessary to performing esthetic skin treatments and does not rise to the level of what would ordinarily be considered therapeutic or sports massage under the D.C. Official Code.

3726.3 Performing or advertising activities requiring licensure that are outside of the scope of licensure under this chapter is prohibited unless the licensee obtains a license for such activity from the appropriate regulatory agency.

3726.4 No salon or shop shall advertise itself as a spa unless it provides a minimum of one water based treatment that uses water of known composition, is staffed by appropriately trained therapists, has a minimum standard of furnishings, and possesses the proper licenses required to offer such facilities. Approved water based treatments use a hydrotherapy unit designed for recreational or therapeutic use, which is not drained, cleaned, or refilled after each use. It may include, but is not limited to, units designed for hydro-jet circulation, hot water, cold water, mineral bath, air induction bubbles, or any combination thereof. Common terminology for a spa includes, but is not limited to, therapeutic pool, hydrotherapy pool, whirlpool, hot spa, and hot tub.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3726

17 DCMR § 3727 ENFORCEMENT AND PENALTIES

3727.1 The Director of the Department of Licensing and Consumer Protection, the Fire Chief, the Department of Health, the Chief of Police, and the Board of Barber and Cosmetology shall inspect or otherwise investigate every licensed salon or shop and any building or part of a building for which a salon or shop application has been filed with the District as follows:

(a) The Director of Department of Licensing and Consumer Protection shall determine conformity with the applicable provisions of laws and regulations enforced by the Department;

(b) The Fire Chief shall require that the building or part of the building shall comply with the applicable provisions of the laws and regulations relating to fire prevention and control;

(c) The Director of the Department of Health shall require that the premises comply with the applicable provisions of other laws and regulations relating to public health;

(d) The Chief of Police shall require that the licensees comply with the applicable provisions of the laws and regulations enforced by the Metropolitan Police Department; and

(e) The Board of Barber and Cosmetology shall determine conformity with the applicable provisions of laws and regulations relating to the practices of barbering and cosmetology.

3727.2 The applicant or licensee shall take appropriate action to ensure access to all parts of the premises for the purpose of facilitating inspection.

3727.3 Failure to allow and facilitate inspections by applicants or licensees shall be cause for denying a new license, or revoking or suspending an existing license, or imposing a civil fine.

3727.4 Each license issued under the authority of this chapter shall be subject to revocation, suspension, or cancellation for failure by the licensee to comply with these regulations or;

(a) For gross malpractice;

(b) For practicing while under the influence of alcohol and/or while under the influence of any controlled substance or dangerous drug as defined in the Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-901 et. seq.) (2001) without a prescription;

(c) For obtaining a license by fraud or misrepresentation;

(d) If the licensee is disciplined by a disciplinary authority in another jurisdiction or is convicted or disciplined by a court in any jurisdiction for conduct that would be grounds for disciplinary action under this section;

(e) Willfully misrepresents what services he or she may perform or tries to perform services beyond the scope authorized by the license;

(f) Aids in the unauthorized practice of barbering or cosmetology;

(g) Fails to pay civil fines imposed under this chapter;

(h) Refuses to provide service for which he or she is licensed to any person for reasons prohibited by the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code 2-1401.01 et seq.) (2001), as amended, or any other District of Columbia or United States Federal Government anti-discrimination rule, regulation or Act; or

(i) Fails to pay the applicable license fees.

3727.5 Any person who fails to comply with any provision of this chapter, violates a valid order of the Board, or violates a consent decree entered into with the Board shall, upon conviction, be punished by a fine not to exceed five thousand dollars ($5000) or by imprisonment not to exceed ninety (90) days, for each failure to comply.

3727.6 Nothing in this chapter shall prevent the Director and Board from, in any circumstance, pursuing additional penalties as allowed under D.C. Official Code § 47-2853.17 (2001) or under Title 22 of the District of Columbia Official Code, if applicable.

3727.7 In the event of any failure to comply with the provisions of this chapter, each day of the failure shall constitute a separate offense, and the penalties prescribed in §3727.3 and §3727.5 shall be applicable to each separate offense.

3727.8 The violation of any of the provisions of this chapter or the failure to comply with any of the requirements of this chapter shall be cause for the institution of proceedings as provided for in chapter one of these regulations.

History

• SOURCE: Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3727

17 DCMR § 3728 ADDITIONAL ADVERTISING RESTRICTIONS ON LICENSEES

3728.01 It shall be unlawful for any person licensed under this chapter to depict a barber pole in advertising or to place a barber pole in a location that would create or tend to create the impression to members of the public that a business located at or near the barber pole is a barbershop unless the licensee holds the licenses required to operate a barbershop or the licensee leases space or a booth to a licensed barber pursuant to Section 3720 of this chapter.

History

• SOURCE: Final Rulemaking published at 55 DCR 7559 (July 11, 2008).

17 DCMR § 3729 FACIAL PROCEDURES, DEVICES, AND EQUIPMENT

3729.1 Cosmetic exfoliating substances may include alpha hydroxy acids, glycolic and lactic acids, beta hydroxy acids, salicylic acid, Jessner’s Solutions, resorcinol, and other substances intended to exfoliate the stratum corneum.

3729.2 Licensees are prohibited from performing procedures using cosmetic exfoliating substances or devices that affect more than the top layer of the epidermis or outer-most layer of dead cells. A cosmetic exfoliation substance or device is not intended to remove viable (living) skin below the stratum corneum. Use of such substances and devices are deemed beyond the scope of practice of persons and establishments licensed by the Board.

3729.3 Licensees shall be permitted to use devices registered or approved by the U.S. Food and Drug Administration that are intended to be used for cosmetic skin care purposes, including, but not limited to, beautifying and improving the appearance of the skin.

History

• SOURCE: Final Rulemaking published at 57 DCR 512, 518 (January 1, 2010).

17 DCMR § 3730 CONTINUING EDUCATION REQUIREMENTS FOR LICENSEES

3730.1 This section shall apply to all applicants for the renewal or reinstatement of a barber, cosmetology, or specialty cosmetology license, including Instructor licenses, except those applicants seeking first renewal of a license.

3730.2 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 3731. Licensees are responsible for ensuring that continuing education courses taken to satisfy the Board’s renewal or reinstatement requirements are Board certified or approved.

3730.3 An applicant for renewal of a license shall submit to the Board proof of having completed at least six (6) hours of credit in approved continuing education programs during the term of the license. Two (2) of these hours shall be in health, safety, and welfare subjects. Four (4) of these hours shall consist of general elective courses, as approved by the Board.

3730.4 Licensees who also hold equivalent licenses in another jurisdiction may, at the Board’s discretion, substitute continuing education credits completed in the other jurisdiction for the general elective continuing education requirements under this section if the licensee earned the continuing education credits during the two (2) year period proceeding the date that the licensee’s District license expires.

3730.5 The Board may approve educational offerings that include, but are not limited to, the following topics:

Courses related to the practice of barbering, cosmetology, and specialty cosmetology;

District laws and regulations;

Ethics and standards of professional practice;

Occupational health and safety;

HIV/AIDS and communicable and infectious disease control;

Product knowledge;

Business;

[REPEALED]

Education or Instruction (Instructors only).

3730.6 Upon request by the Board, an applicant shall prove completion of required continuing education credits by submitting a certification of completion that includes the following:

The name and address of the sponsor of the program;

The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

The dates on which the applicant attended the program;

The hours of credit claimed; and

A verification of completion with the signature and seal of the sponsor.

3730.7 An applicant for reinstatement of an expired license or for reinstatement of a suspended or revoked license shall submit proof pursuant to § 3730.3 of having completed all continuing education credits that the applicant would have been required to take per licensing cycle if the applicant’s license had not expired or had not been suspended or revoked.

3730.8 An applicant for the renewal of a license who fails to submit proof of having completed the continuing education requirements by or before the expiration date may renew the license within sixty (60) days after expiration by submitting proof pursuant to § 3730.6 and by paying the required late fee. Upon renewal, the Board shall deem the applicant to have possessed a valid license during the period between the expiration of the license and its renewal.

3730.9 If an applicant for the renewal of a license fails to submit proof of completion of continuing education requirements within sixty (60) days after the expiration of the applicant’s license, the license shall be deemed to have lapsed on the date of expiration, and the applicant shall be required to apply for reinstatement of the expired license pursuant to § 3308 of this chapter.

3730.10 The Board may grant an extension of the sixty (60) day period to renew after expiration if the applicant’s failure to submit proof of completion was for good cause. For purposes of this subsection, “good cause” includes proof of the following:

Serious and protracted illness of the applicant who submits a doctor’s statement verifying the illness;

The death or serious and protracted illness of a member of the applicant’s immediate family, which death or illness resulted in the applicant’s inability to complete the continuing education requirements within the specified time; provided that, for the purposes of this subsection, the term “immediate family” means the applicant’s spouse or domestic partner, any parent, brother, sister, or child of the applicant, and the spouse or domestic partner of any such parent, brother, sister, or child;

The applicant, due to age (seventy (70) years of age or older), is unable to complete the requirements within the specified time; or

(d) Active military service.

History

• SOURCE: Final Rulemaking published at 58 DCR 8353 (September 30, 2011); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3730

17 DCMR § 3731 APPROVED CONTINUING EDUCATION PROGRAMS

APPROVED CONTINUING EDUCATION PROGRAMS

3731.1 The Board, in its discretion, may approve continuing education programs that contribute to the growth in professional competence of a barber, cosmetologist, or specialty cosmetologist, and that meet the other requirements of this section.

3731.2 Unless the school or organization offering the program or course is exempt from the accreditation requirements of the Educational Licensure Commission, the school or organization shall obtain certification or licensure from the Educational Licensure Commission.

3731.3 Schools or organizations accredited by the Educational Licensure Commission that offer continuing education programs or courses shall be considered certified for the purposes of this section.

The Board may approve the following types of continuing education programs, if the programs meet the requirements of § 3731.7:

(a) A seminar or workshop;

(b) An educational program given at a conference, institute, academy, or trade show;

(c) An undergraduate or graduate course given at a college or university, including community or junior colleges; or

(d) A distance learning course that has been approved by the Board pursuant to § 3731.8.

3731.5 A sponsor of a continuing education program shall submit a completed application to the Board at least ninety (90) days prior to the date of the presentation of each program for which the sponsor seeks approval.

3731.6 A sponsor of a continuing education program shall have the burden of verifying whether the Board, pursuant to this section, has approved a program prior to advertising the program as approved by the Board.

3731.7 In order to be approved by the Board for continuing education credit, a program shall meet the following requirements:

(a) The program shall contribute to the professional competence of participants;

(b) The program shall be directly related to increasing the participants’ knowledge and skills in the practice of barbering, cosmetology, or specialty cosmetology;

(c) The stated program objectives shall specify the level of knowledge the participant should have attained, or the level of competency the participant should be able to demonstrate, upon completing the program;

(d) The program shall be developed by persons qualified in the subject matter and in instructional design;

(e) The program shall be instructed by an individual approved by the Board;

(f) The program content shall be current in its subject matter;

(g) All providers shall have a system of written evaluation by students in which the program and the instructor are evaluated at the end of each offering. The evaluation form shall accompany the application. Providers shall keep the completed evaluation forms on each program and instructor for four (4) years from the end of the offering; and

(h) The sponsor shall agree to allow the Board to conduct an audit of the written student evaluations at any time within four (4) years of the time that a given program was offered.

3731.8 Distance learning courses may be approved as follows:

(a) Distance learning courses may be certified by the Board if they provide the Board with appropriate documentation that National Association of Barber Boards of America (NABBA), National Coalition of Estheticians, Manufacturers/ Distributors & Associations (NCEA), or National-Interstate Council of State Boards of Cosmetology, Inc. (NIC) certification is in effect, that the distance learning course meets the content requirements of § 3731.7, and that the course meets the following additional requirements of the Board:

(1) Distance learning courses shall not include pre-licensing education courses;

(2) Distance learning courses shall only include elective continuing education courses;

(3) Distance learning courses shall be a mastery-based format defined as follows:

(A) Having at least one (1) objective;

(B) Having a method for measuring student progress;

(C) Having delivery formats that are interactive, which may include computer based instruction via CD-ROM or the Internet; and

(D) Having a delivery format that does not deliver course material in a passive, text only format consisting primarily of questions similar to those found on the licensing examination;

(4) Distance learning courses shall be equivalent to in-class continuous instruction and attendance formats;

(b) Approval under this section shall be revoked immediately in writing should certification by NABBA, NCEA, or NIC be discontinued for any reason;

(c) The distance-learning provider shall inform the Board immediately if certification by NABBA, NCEA, or NIC is discontinued for any reason; and

(d) A student shall complete the distance learning course within three (3) months of the date of enrollment in the course.

3731.9 The Board may approve programs with a minimum of one (1) instructional hour.

3731.10 Any significant changes in program content or program instructor shall be submitted to the Board in writing at least thirty (30) days prior to the change for Board approval.

3731.11 Approval of a program or course by the Board shall continue until the end of the two (2) year licensing period during which approval is given.

3731.12 A program sponsor shall issue a certificate of successful completion to a licensee who completes the program. A program sponsor shall not issue a certificate to a licensee who fails to complete the entire program.

3731.13 Within ten (10) days after the completion of the continuing education program, the program sponsor shall forward to the Board a list of all participants, which shall include each participant’s license number, name, and address.

3731.14 A program sponsor shall retain records of the following information:

(a) The outline of the program;

(b) The program date(s);

(c) The program location(s);

(d) The instructor(s); and

(e) The number of instructional hours.

3731.15 A program sponsor shall retain a copy of the information required by § 3731.12 and 3731.13 for a period of at least five (5) years of the time that a given program was offered.

3731.16 A sponsor of a program that has been approved by the Board for one (1) license period shall reapply for approval at least ninety (90) days prior to the beginning of the next license renewal period.

3731.17 A sponsor of a continuing education program that has been approved by the Board may apply for renewal of that program by submitting a renewal application and, in alternate renewal cycles, providing an updated syllabus outlining the course content.

3731.18 Sponsors or schools offering continuing education programs shall notify the Board in writing within thirty (30) days, if certification by NABBA, NCEA, or NIC ceases.

History

• Source: Notice of Final Rulemaking published at 58 DCR 8353, 8355 (September 30, 2011).

17 DCMR § 3799 DEFINITIONS

3799.1 When used in this chapter, each of the following terms shall have the meanings ascribed:

Applicant - Any individual seeking licensure by the Board that has submitted on official application and paid the applicable fees(s).

Apprentice - any person that learns barbering or cosmetology by taking classroom courses and working at a salon or shop to gain sufficient training and experience to become eligible to sit for the Board's barber or cosmetology license examination.

Barber - any person who is licensed to engage in any of the practices encompassed in barbering, especially hair and scalp care.

Barbering - any one of any combination of the following practices when done upon the head and neck for cosmetic purposes only, and when done for payment either directly or indirectly, or without payment for the public generally constitutes the practice of barbering within the meaning of this chapter. Barbering includes; shaving and/or trimming the beard, cutting the hair of any person of either sex for compensation or other consideration, received by the person performing the service, as well as giving facial and scalp massage or treatments with oils creams, lotions, or other preparations either by hand or mechanical appliances; singeing, shampooing, or applying tonics to the hair; or applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions, to the scalp, face, or neck. Barbering shall not include manicuring, electrology, braiding, or weaving of hair.

Barber pole - a pole or cylinder with alternating stripes of any combination including but not limited to red and white or red white and blue which run diagonally along the length of the cylinder or pole; or any depiction, rendering, or other representation of a "barber pole" that appears in any form, which would create the impression to members of the general public that a business located near the object is a barbershop.

Barber School - any facility licensed to teach the art of barbering.

Barbershop - any building or portion of a building, vehicle, and station in which any person is engaged in the practice of barbering. For the purposes of this chapter, this term includes barber schools.

Beauty School - any facility licensed to teach the art of barbering or cosmetology.

Board - the Board of Barber and Cosmetology

Braider - a person who is licensed to engage in the practice of braiding.

Braiding – styling hair into interlaced stands forming a distinctive pattern without using chemicals.

Cosmetologist – a person licensed to engage in the practice of cosmetology.

Cosmetology - the cosmetic arts, including hair styling and skin care, and any other practice of cosmetology, including the practice of esthetics and other specialty cosmetology practices regulated by the Board. The practice of cosmetology does not include shaving or trimming the beard or moustache of an individual or engaging in the practice of master esthetics.

Course of study in teaching techniques – a single course that spans one (1) semester at the college level and requires students to pass an examination in order to receive credit.

Demonstrator - A person that conducts sales demonstrations of barbering or cosmetology products and/or equipment and who does not charge the public for any services rendered or materials used in connection with a demonstration.

Director - the Director of the Department of Licensing and Consumer Protection.

Distance learning – Courses in which instruction does not take place in a traditional classroom setting, but through other media where instructor and student are separated by distance and sometimes by time.

Electrologist - a person licensed to engage in the practice of electrology.

Electrology - removing unwanted hair with an electric current or short wave alternating current, or a combination thereof.

Esthetician - a person who is licensed to engage in the practice of esthetics.

Esthetician operator – a person who engages in the practice of basic esthetics for compensation.

Esthetics – the application of creams, lotions, scrubs, polishes, waxes, cosmetics, eyelashes, and other beauty treatments directly onto the skin to bring about a temporary improvement in appearance, excluding peels and microdermabrasion; and the removal of superfluous hair from the face and neck area of any person by the use of depilatories, waxing or tweezers. The practice of esthetics does not include barbering or the branches of cosmetology or specialty cosmetology, including natural hairstylist and braider, electrologist, or manicurist.

Esthetics instructor – means a licensed master esthetician that has completed an approved instructor license curriculum and who meets the competency standards of the Board as an instructor of esthetics.

Full wax and nails technician – a person licensed to engage in the practice of waxing and manicuring.

Hair styling - styling of hair with the use of chemicals. The practice of hair styling does not include shaving or trimming the beard or moustache of an individual, nor engaging in the practice of esthetics without obtaining the applicable license.

Immediate Supervision - supervision in which the supervisor is physically present and is either discussing or observing the student's or applicant's practice.

Instructional hour – An instructional hour is equal to fifty (50) minutes of each sixty (60) minute segment and includes time devoted to tests that are considered part of the course.

Instructor – any person who is authorized to teach barbering, cosmetology, or any specialty cosmetology operator as a profession as provided for in this chapter.

License - any approval, certificate, registration, permit, statutory exemption, or other form of permission to practice an occupation or profession, as granted by this board.

Manager - an individual that managers the day-to-day operations of a barbershop or salon. The manager may be a barber, cosmetologist, or specialty cosmetologist.

Manicuring - applying creams, lotions, scrubs, polishes, and waxes to cosmetically treat the fingernails and hands, as well as t trimming, shaping, enhancing, and decorating the fingernails and the slight massaging of the forearms.

Manicurist - a person licensed to engage in the practice of manicuring.

Master esthetician - a person who is licensed to practice as a master esthetician.

Master esthetics - esthetics and more specialized skincare treatments, including microdermabrasion, resurfacing, and chemical peel.

NABBA – National Association of Barber Boards of America.

Natural hairstyling - forming human and synthetic hair into hairstyles, other than braids, without using chemicals. The practice of natural hairstyling does not include shaving or trimming a beard or mustache or engaging in aspects of the practice of barbering.

Natural hairstylist and braider - a person licensed to engage in the practices of natural hairstyling and braiding.

NCEA –the National Coalition of Estheticians, Manufacturers/ Distributors & Associations.

NCEA-certified – the professional status awarded to a skin care professional that has met the competency standards as set forth by NCEA’s 1200 Hour Esthetician Job Task Analysis.

NIC – National-Interstate Council of State Boards of Cosmetology, Inc.

Noncosmetic purposes – medically necessary.

Pedicuring - applying creams, lotions, scrubs, polishes, and waxes to cosmetically treat the toenails and feet, as well as trimming, shaping, enhancing, and decorating the fingernails and the slight massaging of the legs.

Person - any individual, natural person, firm, corporation, association, or partnership, company, organization, or society.

Practical Training - the actual performance by a qualified student of a complete service on another person or mannequin.

Practice of basic esthetics – any one of the following skin care procedures done on the head, torso, face, neck, arms, hands, legs, feet, eyebrows, or eyelashes for cosmetic purposes and not for the treatment of medical, physical, or mental ailments:

Cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or masks, manual extraction, including a comodone extractor, depilatories, waxes, and tweezing;

Chemical exfoliation;

Removing superfluous hair by means other than electrolysis, laser procedures, or intense pulsed light; or

Other esthetic preparations or procedures with the use of the hands, a high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not for the treatment of medical, physical, or mental ailments.

Practice of master-level esthetics –:

Any of the following when done for cosmetic purposes on the head, face, neck, torso, abdomen, back, arms, hands, legs, feet, eyebrows, or eyelashes and not for the treatment of medical, physical, or mental ailments:

(1) Body wraps;

(2) Hydrotherapy;

(3) Chemical exfoliation;

(4) Sanding, including microdermabrasion;

(5) Advanced extraction with lancet; or

(6) Other esthetic preparations or procedures with the use of:

(A) The hands; or

(B) A mechanical or electrical apparatus which is approved by the Board for beautifying or similar work performed on the body for cosmetic purposes and not for the treatment of a medical, physical, or mental ailment; and

(C) Lymphatic massage by manual or other means.

(b) Notwithstanding the foregoing, a master-level esthetician may perform procedures listed in subparagraph (a) for non-cosmetic purposes if the procedures are performed under the supervision of a licensed health care practitioner acting within the scope of his or her license.

(c) The term “practice of master-level esthetics” includes the practice of basic esthetics.

Premises - a rest room, waiting room, hall, lounge, storage room or area, fence, shed, garage, or other accessory building appurtenant to a salon and its surrounding area, where barbering, braiding, manicuring, electrolysis, esthetics, or cosmetology is practiced and which is under the control of the licensee or used by the licensee directly or indirectly in connection with the shop or salon.

Salon – a place, facility, shop, or establishment in which cosmetology, barbering, esthetics, electrology, manicuring, or braiding is practiced.

Shampooer - a person that exclusively washes, rinses, and shampoos hair.

Spa Treatments - services performed outside of the scope of licensure under this chapter that may require separate business or professional licensure under existing D.C. Official Code sections and other Titles of the District of Columbia Municipal Regulations. Such services include but are not limited to therapeutic massage; sports massage; aerobics; water based relaxation therapies conducted in a basin, tub or pool; mineral baths; hot springs; steam rooms; and physical therapy.

Substantially Full-Time - at least thirty (30) hours per week.

Supervisor - a licensed barber manager or instructor, cosmetology manager or instructor, or specialty cosmetology manager or instructor.

Technical Instruction - the instruction of students by demonstration, lecture, classroom participation, or examination.

Water Closet - a room with a sink and a toilet.

Wax technician - a person licensed to engage in the practice of waxing.

Waxing - removing superfluous hair from the body area of any person by the use of depilatories or tweezers. The practice of waxing does not include barbering or any other element of the practice of cosmetology.

History

• SOURCE: : Final Rulemaking published at 50 DCR 7699 (September 12, 2003); as amended by Final Rulemaking published at 55 DCR 7559 (July 11, 2008); as amended by Final Rulemaking published at 57 DCR 512, 518 (January 8, 2010); as amended by Notice of Final Rulemaking published at 58 DCR 8385, 8359 (September 30, 2011); as amended by Final Rulemaking published at 73 DCR 007846 (May 22, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3799

17-38 GENERAL BUSINESS

17 DCMR § 3800 GENERAL PROVISIONS

3800.1 Each business engaging in any business transactions in the District, whether on a permanent or temporary basis, shall apply to the Department of Consumer and Regulatory Affairs (Department) for a basic business license with a general business endorsement (license) if:

(a) The business has a tax identification number;

(b) The business' activity is not otherwise required to obtain an endorsement under any other basic business license endorsement category; and

(c) The business does not have at least one principal who is required to maintain licenses granted or regulated by a local, state, or national certification board or body.

3800.2 A business subject to this chapter shall obtain a separate license for each business entity with a tax identification number and each business location in the District.

3800.3 A licensee shall conspicuously post the license on the premises indicated on the license, which shall be available for inspection by any duly authorized government official.

3800.4 A licensee shall obtain any other basic business license and endorsements as required by District statute or regulation.

3800.5 A license issued under this chapter is not transferable.

History

• SOURCE: Final Rulemaking published at 55 DCR 12137 (November 28, 2008).

17 DCMR § 3801 APPLICATION FOR LICENSE

3801.1 Application for a license issued under this chapter shall be made to the Director of the Department of Consumer and Regulatory Affairs (Director) on a form prescribed by the Director.

3801.2 To apply for a license, an applicant shall:

(a) Obtain a Certificate of Occupancy or Home Occupation Permit, if required under applicable District zoning laws and regulations;

(b) Complete a Clean Hands Certification issued by the Office of Tax and Revenue; and

(c) Pay the required license fees.

3801.3 Each application shall be signed by the owner or authorized representative of each business and shall correctly set forth the information required on the application form.

3801.4 Each license shall be valid for two (2) years from the date of issuance.

3801.5 A licensee shall notify the Department of any change of address within thirty (30) days of the change.

3801.6 A licensee shall notify the Department of any change of ownership of the business within thirty (30) days of the change.

History

• SOURCE: Final Rulemaking published at 55 DCR 12137 (November 28, 2008).

17 DCMR § 3802 DENIAL, SUSPENSION, AND REVOCATION OF LICENSE

3802.1 The Director may refuse to issue or renew, or may suspend or revoke, a license issued under this chapter for any reason set forth in this chapter or D.C. Official Code § 47-2844.

3802.2 The Director also may refuse to issue or renew, or may suspend or revoke, a license issued under this chapter on any of the following grounds:

(a) Conviction of the business license holder for any criminal offense involving fraudulent conduct arising out of or based on the business being licensed; or

(b) Willful or fraudulent circumvention by the business operator of any provision of District statute or regulation relating to the conduct of the business.

(c) Employment of any fraudulent or misleading device, method, or practice relating to the conduct of the business.

(d) The making of any false statement in the license application.

3802.3 All qualifications set forth in this chapter as prerequisite to the issuance of a license shall be maintained for the entire license period. Failure to maintain any qualification for license shall be cause for suspension or revocation of the license.

History

• SOURCE: Final Rulemaking published at 55 DCR 12137 (November 28, 2008).

17 DCMR § 3803 PENALTIES

3803.1 Each licensee shall be liable for all penalties provided for violation of any of the provisions of this chapter, whether the violations are committed by the licensee or the licensee's agent or employee.

3803.2 Pursuant to D.C. Official Code § 47-2846, any person violating any provision of this chapter shall, upon conviction, be fined not more than three hundred dollars ($300) or imprisoned for not more than thirty (30) days, or both.

3803.3 Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of this chapter pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infraction of this chapter shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

History

• SOURCE: Final Rulemaking published at 55 DCR 12137 (November 28, 2008).

17 DCMR § 3804 NOTICE OF PROPOSED ACTION AND APPEAL RIGHTS

3804.1 If the Department proposes to deny, suspend or revoke a license, a written notice shall be provided to the applicant or licensee, which states the proposed action and the basis for the proposed action.

3804.2 The notice required under § 3804.1 shall advise the applicant or licensee of the right to request a hearing within ten (10) business days (excluding Saturdays, Sundays, and legal holidays) from the date of the service of the notice.

3804.3 The notice shall advise that the action proposed or recommended will be taken at the expiration of ten (10) calendar days after service of the notice unless an appeal is taken.

3804.4 The notice shall be:

(a) Served personally upon the applicant or licensee, or the applicant or licensee's agent; or

(b) Sent by first class mail to the home or business address of the applicant or licensee, or the applicant or licensee's agent, appearing on the application or license.

3804.5 A notice that is returned by the post office for reason of refusal of the addressee to accept delivery, or incorrect address, is deemed to have been properly served on the addressee by mail.

3804.6 An applicant or licensee may not file a separate application for licensure under this chapter during the appeal process.

History

• SOURCE: Final Rulemaking published at 55 DCR 12137 (November 28, 2008).

17 DCMR § 3805 HEARINGS AND APPEAL

3805.1 Any licensee on whom a notice has been served pursuant to § 3804 may file a written notice of appeal with the Office of Administrative Hearings (OAH).

3805.2 All hearings and appeals shall be conducted pursuant to the regulations promulgated by OAH. Any stay of an OAH decision that results in the revocation of a license shall be issued pursuant to the procedures set forth by OAH.

History

• SOURCE: Final Rulemaking published at 55 DCR 12137 (November 28, 2008).

17 DCMR § 3899 DEFINITIONS

3899.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Certificate of Occupancy - means the document issued by the Department certifying that the use of a building complies with District zoning laws.

Clean Hands Certification - means the certification required by D.C. Official Code §§ 47-2861 et seq. and issued from the Office of Tax and Revenue to a person applying for a license.

General Business License - means the license required for businesses subject to D.C. Official Code § 47-2851.03d.

Home Occupation Permit - means the document issued by the Department allowing an individual to conduct certain occupations in his or her principal residence.

History

• SOURCE: Final Rulemaking published at 55 DCR 12137 (November 28, 2008).

17-39 GENERAL CONTRACTOR/CONSTRUCTION MANAGER

17 DCMR § 3900 GENERAL PROVISIONS

3900. GENERAL PROVISIONS

3900.1 Each person engaged in general contracting or construction management in the District shall apply to the Department of Consumer and Regulatory Affairs (Department) for a basic business license with a General Contractor/Construction Manager endorsement (license).

3900.2 A licensee shall conspicuously post the license on the premises indicated on the license, which shall be available for inspection by any duly authorized government official. A photocopy of the license shall be posted in a conspicuous place at each construction site maintained by the licensee.

3900.3 A licensee shall obtain any other basic business license and endorsements as required by District statute or regulation.

3900.4 No licensed General Contractor/Construction Manager shall hold himself or herself out or engage in business as a General Contractor/Construction Manager under any name other than the name appearing on his or her license; Provided, that nothing in this subsection shall prevent the use of a trade name if the name is contained in the license application and approved by the Director of the Department of Consumer and Regulatory Affairs (Director).

3900.5 No person shall include in any contract relating to general contracting or construction management work any provision waiving or purporting to waive any provision of this chapter. Any provision included in a contract which waives or purports to waive any provision of this chapter shall be void and of no effect.

3900.6 A license issued under this chapter is not transferable.

3900.7 A person who obtains a license under this chapter shall not be required to obtain a home improvement contractor license to engage in home improvement work, as that term is defined in 16 DCMR § 899.1; Provided, that the person engaging in such work complies with the requirements of 16 DCMR §§ 808, 810, and 811.

History

• Source: Final Rulemaking published at 56 DCR 3103 (April 24, 2009).

17 DCMR § 3901 LICENSING OF GENERAL CONTRACTOR/CONSTRUCTION MANAGER

3901. LICENSING OF General Contractor/Construction Manager

3901.1 Application for a license issued under this chapter shall be made to the Director on a form prescribed by the Director.

3901.2 Licenses shall be of the following five (5) classes:

(a) Class A – The holder of a Class A license is subject to no limitation as to the value of any single contract project.

(b) Class B – The holder of a Class B license is not entitled to engage in the construction of any single contract project of a value in excess of ten million dollars ($10,000,000).

(c) Class C – The holder of a Class C license is not entitled to engage in the construction of any single contract project of a value in excess of five million dollars ($5,000,000).

(d) Class D – The holder of a Class D license is not entitled to engage in the construction of any single contract project of a value in excess of two million dollars ($2,000,000).

(e) Class E - The holder of a Class E license is not entitled to engage in the construction of any single contract project of a value in excess of five hundred thousand dollars ($500,000).

3901.3 Each application shall be signed by the owner or authorized representative of each business and shall correctly set forth the information required on the application form.

3901.4 Each application shall list all jurisdictions where the applicant is licensed to engage in the business of general contracting or construction management and if any disciplinary actions have been taken against the applicant in any other jurisdiction. This includes any monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license in any jurisdiction.

3901.5 Each application shall include a credit report from a credit reporting agency that is subject to oversight by the Federal Trade Commission and a statement of all outstanding judgments against the applicant.

3901.6 The credit report required by § 3901.5 shall be submitted by:

(a) The business; and

(b) Any principal officers of the business and any person owning, directly or indirectly, twenty-five percent (25%) or more of the interest in the business; or

(c) Any sole proprietor.

3901.7 Any false statement contained in the application for license shall be grounds for the denial, suspension, or revocation of that license by the Director.

3901.8 Each license shall be valid for two (2) years.

3901.9 A licensee shall notify the Department of any change of address within thirty (30) days of the change.

3901.10 No license shall be issued to any applicant whose license under this chapter has been revoked for cause at any time within the last four (4) years. For any applicant other than a natural person, this provision shall apply to every principal officer and to any person owning, directly or indirectly, twenty-five percent (25%) or more of the interest in the applicant.

3901.11 A licensee shall notify the Department of any disciplinary action (as described in § 3901.4) taken against the licensee in any jurisdiction the licensee is licensed to engage in the business of general contracting or construction management within thirty (30) days of such action.

3901.12 All qualifications set forth in this chapter as prerequisite to the issuance of a license shall be maintained for the entire license period. Failure to maintain any qualification for license shall be cause for suspension or revocation of the license.

3901.13 The license number, and the class of license obtained, shall appear on every application for a building permit.

History

• Source: Final Rulemaking published at 56 DCR 3103 (April 24, 2009).

17 DCMR § 3902 INSURANCE

3902. INSURANCE

3902.1 Prior to the issuance of a license, each applicant shall furnish to the Director a certificate of insurance, issued by an insurer authorized to insure in the District with a credit rating of B+ or higher by A.M. Best Company, evidencing commercial general liability insurance as follows:

(a) If the applicant is applying for a Class A license: limits of at least two and a half million dollars ($2,500,000) per occurrence (primary or umbrella) for bodily injury and property damage arising in any way from the issuance of the license;

(b) If the applicant is applying for a Class B license: limits of at least one and a half million dollars ($1,500,000) per occurrence (primary or umbrella) for bodily injury or property damage arising in any way from the issuance of the license;

(c) If the applicant is applying for a Class C license: limits of at least five hundred thousand dollars ($500,000) per occurrence, one million dollars ($1,000,000) in the aggregate combined single limit, for bodily injury or property damage arising in any way from the issuance of the license;

(d) If the applicant is applying for a Class D license: limits of at least five hundred thousand dollars ($500,000) per occurrence, one million dollars ($1,000,000) in the aggregate combined single limit, for bodily injury or property damage arising in any way from the issuance of the license; and

(e) If the applicant is applying for a Class E license: limits of at least five hundred thousand dollars ($500,000) per occurrence for bodily injury or property damage arising in any way from the issuance of the license.

3902.2 Each insurance policy required under this chapter shall include a provision requiring thirty (30) days advance notice to the Director prior to cancellation or lapse of the policy. The licensee shall maintain the insurance required under this chapter in full force and effect for the duration of the license period.

3902.3 A single violation of this section shall be grounds for the Director to suspend or revoke the license.

3902.4 Each insurance policy required by this chapter shall name the District of Columbia Treasurer as an additional insured on a primary, non-contributory basis.

History

• Source: Final Rulemaking published at 56 DCR 3103 (April 24, 2009).

17 DCMR § 3903 EXAMINATION OF RECORDS

3903. EXAMINATION OF RECORDS

3903.1 The Director is authorized, in connection with the consideration of license applications and from time to time during the license period, during regular business hours, to require any applicant or licensee to make available to the Director such information as the Director considers necessary in determining or verifying whether the applicant or licensee has or retains the qualifications necessary for obtaining or retaining a license, or has violated or failed to comply with any provision of statute or regulation relating to the conduct of the licensed business or to obtaining or retaining a license.

3903.2 Failure to make information available to the Director; failure to furnish to the Director the information the Director is authorized to request by this section; or failure to furnish to the Director or to permit the Director to make one (1) or more copies of such records maintained by the applicant or licensee as the Director may specify, shall be grounds for denial, suspension, or revocation of a license.

3903.3 The information required by this section to be furnished to the Director may, at the option of the applicant or licensee, be furnished to the Director at the Director’s office or, upon notice to the Director, at the place of business of the applicant or licensee.

History

• Source: Final Rulemaking published at 56 DCR 3103 (April 24, 2009).

17 DCMR § 3904 ADVERTISING AND RECORDS

3904. ADVERTISING AND RECORDS

3904.1 In any advertisement, the licensee shall include his or her license number.

3904.2 All plumbing, gasfitting, electrical, or refrigeration and air conditioning work, or any combination of those services, to be performed under any contract between a property owner and a licensee, shall be performed in accordance with all of the requirements of the regulations applicable to that work, with particular reference to the use of qualified personnel (whenever required by the applicable regulations) in securing the permits and in the performance of the work.

3904.3 A licensee shall maintain a list that includes information about all permits obtained and all contractors or subcontractors performing work on any project permitted or requiring a permit under this chapter. Such list shall include the contractor or subcontractor’s name and address, and if applicable, their license number. If requested by the Director, the licensee shall produce this list within forty-eight (48) hours of the Director’s request.

History

• Source: Final Rulemaking published at 56 DCR 3103 (April 24, 2009).

17 DCMR § 3905 CONTRACTS

3905. CONTRACTS

3905.1 A licensee shall print his or her license number legibly on the front page of every estimate, contract, and subcontract.

3905.2 No licensee, or any agent for the licensee, shall accept any payment for general contracting or construction management work to be performed for a property owner until after the understanding between the property owner and the licensee, or the licensee’s agent, with respect to the work, has been reduced to writing in accordance with the provisions of this section.

3905.3 The contract shall be signed by the property owner and, as the case may be, either by the licensee, or other agent for the licensee subject to the licensee’s approval.

3905.4 If the contract contains a provision that the contract shall not be binding until accepted by the licensee, the licensee shall within fifteen (15) days after the contract has been executed by the property owner, unless a later date is agreed upon between the licensee and the property owner, in writing, give the property owner written notice of acceptance or rejection.

3905.5 Notice of acceptance or rejection under § 3905.4 shall be delivered to the property owner personally, by first class mail, or by electronic mail.

3905.6 In case of rejection, any payment made by the property owner for any services that have not been rendered by the licensee shall be returned to the property owner with the notice of rejection.

3905.7 Each contract for general contracting or construction management work shall bear the licensee’s name, address, telephone number, and license number.

3905.8 Each contract shall include a description of the terms of payment, the approximate date on which the work required by the contract is to start, and the approximate date on which the work will be completed, such starting and completion dates to be subject to change at the time the contract is accepted by the licensee and at no other time (except by written agreement between the property owner and the licensee), with notice of any such change to be set forth in the written notice of acceptance of the contract furnished to the property owner by the licensee.

3905.9 A contract may include a provision to the effect that the licensee shall not be liable for delays due to unforeseeable causes beyond the control of and without the fault or negligence of the licensee, including acts of God, or the public enemy, or of the property owner, fires, floods, strikes, freight embargoes, or unusually severe weather.

3905.10 A set of specifications shall be made part of the contract, either by inclusion in the contract or by being incorporated in the contract by reference, showing the work to be done and the materials to be used.

3905.11 There shall be no change in specifications without the written approval of the property owner.

3905.12 No licensee shall cause or permit any contract or other document relating to the performance of general contracting or construction management work to be signed by the property owner before all blank spaces are filled in with easily legible writing and the licensee has submitted to the property owner the completed contract or other document and given the property owner a reasonable opportunity to examine it.

3905.13 Each contract shall contain a notice in bold type no smaller than ten (10) point stating in substance that the property owner shall not sign the contract in blank and that the property owner is entitled to a copy of the contract at the time he or she signs.

3905.14 If the property owner has a prior existing unpaid account balance with the licensee which arose in the regular course of business and which is to be consolidated with the unpaid balance for the performance of general contracting or construction management work, then, as a separate transaction, the licensee may, within fifteen (15) days subsequent to the time the contract is signed by the property owner and not less than twenty-four (24) hours prior to commencing performance of the work, furnish the property owner with a written statement setting forth the consolidated balance due the licensee and the terms of payment.

History

• Source: Final Rulemaking published at 56 DCR 3103 (April 24, 2009).

17 DCMR § 3906 RECEIPTS

3906. RECEIPTS

3906.1 Prior to the completion of the contracted work, a licensee that accepts any payment for the work shall promptly deliver to the property owner a receipt for that payment.

3906.2 If payment is made by check or U.S. Postal money order, no receipt need be delivered to the property owner.

History

• Source: Final Rulemaking published at 56 DCR 3103 (April 24, 2009).

17 DCMR § 3907 PERMITS

3907. PERMITS

3907.1 Each licensee entering into a contract for the performance of any construction work for which a permit is required by applicable District law or regulation shall be responsible for taking such action as may be necessary to ensure that the work is performed only under the authority of the required permit and in accordance with all of its terms.

History

• Source: Final Rulemaking published at 56 DCR 3103 (April 24, 2009).

17 DCMR § 3908 DENIAL, SUSPENSION, OR REVOCATION OF LICENSE

3908. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE

3908.1 The Director may refuse to issue or renew, or may suspend or revoke, a license issued under this chapter for any reason set forth in this chapter or D.C. Official Code § 47-2844.

3908.2 All qualifications set forth in this chapter as prerequisite to the issuance of any license shall be maintained for the entire license period. Failure to maintain any qualification for a license shall be cause for suspension or revocation of the license.

3908.3 If the Director determines that a licensee is engaging in or has engaged in a pattern of substantial code violations, the Director may order a temporary suspension of any license issued pursuant to this chapter for a period not to exceed ten (10) days. Notice of the temporary suspension and the grounds for that suspension shall be immediately sent or delivered to the licensee at the address listed on the licensee’s application. The licensee shall have an opportunity for a hearing before the Director prior to the expiration of the ten (10) day temporary suspension. If the Director determines by a preponderance of the evidence that a pattern of substantial code violations exists, the Director may suspend the licensee’s license for a longer period of time or revoke the license.

3908.4 The grounds for denial, suspension, or revocation of a license include the following:

(a) Material misstatement in application for license;

(b) Failure or refusal to comply with any provision of statute or regulation governing the carrying on of the general contracting or construction management work;

(c) Conviction of false pretenses, larceny after trust, embezzlement, or any other offense involving fraudulent conduct, arising out of or based on a general contracting or construction management contract;

(d) Misrepresentation or concealment, through any subterfuge or device, or any matter required by this chapter to be stated to the property owner or of the nature of any matter required by this chapter to be furnished to the property owner;

(e) Employment of any fraudulent or misleading device, method, or practice in connection with the negotiation or performance of a contract for general contracting or construction management;

(f) Use of advertising with regard to contracting for or performing general contracting or construction management work which is misleading or deceptive by reason of any false statement contained in that advertising or which, by reason of incompleteness or otherwise, may mislead or deceive;

(g) Willful or fraudulent circumvention of any provision of statute or regulations relating to the conduct of the licensed business;

(i) The unjustified failure or refusal of a licensee to substantially complete the work required by a contract within a reasonable time after the approximate date of completion specified in the contract; and

(j) Working beyond the scope of the class of license issued under § 3901.2.

3908.5 Any advertising conforming with the then-current regulations, rules, or guides of the Federal Trade Commission shall not be deemed to be misleading or deceptive under § 3908.4(f).

History

• Source: Final Rulemaking published at 56 DCR 3103 (April 24, 2009).

17 DCMR § 3909 PENALTIES

3909. PENALTIES

3909.1 Each licensee shall be liable for all penalties provided for violation of any of the provisions of this chapter, whether the violations are committed by the licensee or the licensee’s agent or employee.

3909.2 Pursuant to D.C. Official Code § 47-2846, any person violating any provision of this chapter shall, upon conviction, be fined not more than three hundred dollars ($300) or imprisoned for not more than ninety (90) days, or both.

3909.3 Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of this regulation pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infraction of this regulation shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

History

• Source: Final Rulemaking published at 56 DCR 3103 (April 24, 2009).

17 DCMR § 3910 NOTICE OF PROPOSED ACTION AND APPEAL RIGHTS

3910. NOTICE OF PROPOSED ACTION AND APPEAL RIGHTS

3910.1 If the Department proposes to deny, suspend or revoke a license, a written notice shall be provided to the applicant or licensee, which states the proposed action and the basis for the proposed action.

3910.2 The notice required under § 3910.1 shall advise the applicant or licensee of the right to request a hearing within ten (10) business days (excluding Saturdays, Sundays, and legal holidays) from the date of the service of the notice.

3910.3 The notice shall advise that the action proposed or recommended will be taken at the expiration of ten (10) calendar days after service of the notice unless an appeal is taken.

3910.4 The notice shall be:

(a) Served personally upon the applicant or licensee, or the applicant or licensee’s agent; or

(b) Sent by first class mail to the home or business address of the applicant or licensee, or the applicant or licensee’s agent, appearing on the application or license.

3910.5 A notice that is returned by the post office for reason of refusal of the addressee to accept delivery, or incorrect address, is deemed to have been properly served on the addressee by mail.

3910.6 An applicant may not file a separate application for licensure under this chapter during the appeal process.

History

• Source: Final Rulemaking published at 56 DCR 3103 (April 24, 2009).

17 DCMR § 3911 HEARINGS AND APPEAL

3911. HEARINGS AND APPEAL

3911.1 Any licensee on whom a notice has been served pursuant to § 3910 may file a written notice of appeal with the Office of Administrative Hearings (OAH).

3911.2 All hearings and appeals shall be conducted pursuant to the regulations promulgated by OAH. Any stay of an OAH decision that results in the revocation of a license shall be issued pursuant to the procedures set forth by OAH.

History

• Source: Final Rulemaking published at 56 DCR 3103 (April 24, 2009).

17 DCMR § 3999 DEFINITIONS

3999. DEFINITIONS

3999.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Director - the Director of the Department of Consumer and Regulatory Affairs.

Construction management – means any work performed by a construction manager.

Construction manager – means any person who, for a fee, is contracted to supervise and coordinate the work of design professionals and multiple general contractors, while allowing the design professionals and general contractors to control individual operations and the manner of design and construction. Services provided by a construction manager may include:

coordination, management, or supervision of design or construction;

cost management, including estimates of construction costs and development of project budgets;

scheduling for all phases of a project;

design review, including review of formal design submission and construction feasibility; and

bid packaging and general contractor selection; provided, that an owner who performs construction management himself or herself for his or her own residential property is not considered to be engaged in construction management for purposes of this chapter.

The term “construction manager” does not include any licensed engineer or architect acting within the scope of his or her license.

General contractor – means any person who, for a fee, is contracted to do construction on real property owned, controlled, or leased by another person of commercial, industrial, institutional, governmental, residential or accessory use buildings or structures. This also includes the remodeling, repair, improvement or demolition of these buildings or structures.

The term “general contractor” shall also include persons engaged in heavy construction (including highway, street, bridge, transmission line, marine facilities, and oil and gas structures construction, and dredging); land development (including blasting, test drilling, landfill, leveling, earthmoving, excavating, land drainage, and other land preparation); and the construction of new buildings.

The term “general contractor” does not include:

(a) any subcontractor, employee, or agent working for or under the supervision of a general contractor licensed or required to be licensed under this chapter and acting within the scope of his or her contract, employment, or agency;

(b) any person who merely furnishes materials or supplies for use at a construction site without fabricating them into, or consuming them in the performance of, the work of a general contractor;

(c) any licensed engineer or architect acting within the scope of his or her license;

(d) any person who does general contracting work on property that constitutes his or her primary residence, if that primary residence is a single-family dwelling;

(e) any property owner who does minor nonstructural repairs on the owner’s property; and

(f) a governmental entity for work upon premises owned by the governmental entity and performed by employees of the governmental entity.

General contracting – means any work that is performed by a general contractor.

The term “general contracting” shall not include work performed by licensed electricians, licensed plumbers and gasfitters, or licensed refrigeration and air conditioning mechanics, so long as the work performed by them is limited to that of their licensed profession.

Pattern of substantial code violations – means five (5) or more violations of the building code which imperil the public health, safety, or welfare, or two (2) or more violations of any stop work order issued pursuant to this code, or any combination thereof involving five (5) or more violations of this code within any six (6) month period, at one (1) or more construction sites within the District managed or controlled by the licensee.

Property owner - any person or person’s authorized agent who enters into a contract for the performance of general contracting work on property owned or occupied by that person.

Payment - the transfer, directly or indirectly, of any valuable consideration, and shall include, but not be limited to, the delivery of cash, promissory note, installment contract, other written promise to pay money, chattel mortgage, or deed of trust; Provided, that the term “payment” shall not include the promise to pay embodied in the contract itself.

Person - includes an individual, firm, partnership, joint stock company, corporation, association, incorporated society, statutory or common law trust, estate, executor, administrator, receiver, trustee, conservator, liquidator, committee, assignee, officer, employee, principal or agent.

Single contract project – means the total estimated cost of a project being undertaken by a general contractor or construction manager.

Subcontractor – means any person who contracts to perform construction-related services for a general contractor, a construction manager, or another subcontractor.

History

• Source: Final Rulemaking published at 56 DCR 3103 (April 24, 2009).

17-40 HEALTH OCCUPATIONS: GENERAL RULES

17 DCMR § 4000 APPLICABILITY

4000.1 This chapter shall apply to holders of and applicants for a license, certificate, or registration.

4000.2 Other chapters of this subtitle pertaining to specific health occupations shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4000

17 DCMR § 4001 APPLICATION FOR A LICENSE, REGISTRATION, RENEWAL, OR REINSTATEMENT

4001.1 An applicant for an initial license or initial registration shall do the following:

(a) Submit a completed application on the prescribed form;

(b) Submit for the purposes of printing on the license and publication on the Health Professional Licensing Administration website, two (2) recent passport-type color photographs measuring two inches by two inches (2"x2") which clearly expose the area from the top of the forehead to the bottom of the chin;

(c) Pay the required fee(s);

(d) Submit all required supporting documents, with the completed application, including transcripts, character and employment references, certified or validated test scores, and, if applicable, certified proof of licensure in other jurisdictions, except as provided in § 4001.l(e); and

(e) Arrange for the required transcript, certification of graduation, test results, certification or proof of licensure to be sent directly to the board from the educational institution, testing service, professional association or government agency if the educational institution, testing service, association or agency will not provide these documents to the applicant.

4001.2 Documents submitted with the completed application form pursuant to § 4001.1(e) shall comply with the following:

(a) Certificates of graduation, transcripts, test results and other official documents or certifications shall be submitted in an envelope sealed by the educational institution, testing service, professional association or other agency; and

(b) Letters of reference shall be submitted in envelopes which have been sealed and signed across the back flap of the envelope by the individual providing the reference.

4001.2 An applicant for a renewal or reinstatement of a license or registration shall do the following:

(a) Submit a completed application on the prescribed form;

(b) Submit for the purposes of printing on the license and publication on the Health Professional Licensing Administration website, two (2) recent passport-type color photographs measuring two inches by two inches (2'x2") which clearly expose the area from the top of the forehead to the bottom of the chin. Such photographs shall be submitted for the renewal period commencing six (6) years from the date of the initial application or initial registration and thereafter, every six (6) years at the date of each subsequent renewal;

(c) Pay the required fees; and

(d) Submit all required supporting documents.

4001.3 If a board or the Director determines that an application is not in compliance with § 4001.1, the application shall be returned to the applicant, unless the board or the Director determines that the deficiency is minor. If the application is returned, the Director may, in his or her discretion, return the application fee to the applicant.

4001.4 If a board or the Director determines that an application is not in compliance with § 4001.1, but that the deficiency is minor, the Director shall send a notice of the deficiency to the applicant. Upon receipt of the notice, the applicant shall correct the deficiency within thirty (30) days or other period specified in the notice.

4001.5 If the applicant fails to correct the deficiency within the required period, the application shall lapse and the applicant shall be required to submit a new application and pay the required fees to be considered for a license, certificate or registration.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987); as amended by Final Rulemaking published at 37 DCR 2747, 2748 (May 4, 1990); as amended by Final Rulemaking published at 51 DCR 1671 (February 13, 2004); as amended by Final Rulemaking published at 53 DCR 6351 (August 4, 2006). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4001

17 DCMR § 4002 EXAMINATION

4002.1 An applicant desiring to take an examination shall submit an application in compliance with § 4001.1 to the board at least ninety (90) days prior to the date of the examination.

4002.2 An applicant who has previously taken the examination shall submit such an application at least sixty (60) days prior to the date of the examination.

4002.3 An applicant may not take an examination unless the materials required by § 4001.1(e) are received by the board at least forty-five (45) days prior to the date of the examination.

4002.4 A board may, in its discretion, permit an applicant to take an examination on a provisional basis although transcripts or other materials are not received within the period provided in § 4002.3.

4002.5 A board or the Director, in the discretion of the board or Director, may reduce the required periods in § 4002.1 through § 4002.3.

4002.6 The Director shall notify each applicant of the date, time, and place of the examination and of any examination procedures at least ten (10) days (excluding Saturdays, Sundays, legal holidays, and days on which the Department is officially closed) prior to the date of the examination.

4002.7 The Director shall arrange for suitable space for an examination, designate persons to proctor the examination, and provide for adequate security to ensure the integrity of the examination process.

4002.8 The Director shall notify each applicant whether the applicant passed the examination as soon as practicable after the Director receives the examination results, unless the applicant is notified directly by a testing service.

4002.9 An applicant who fails an examination may not challenge the results of the examination before a board or the Director.

4002.10 If a testing service informs a board in writing that it erroneously determined that an applicant failed an examination and certifies to the board that the applicant passed the examination, the board shall grant a license to the applicant if the applicant has met all other qualifications for a license and has paid all required fees.

4002.11 If an applicant does not take an examination, the application fee shall not be refunded or credited to another examination unless a board or the Director determines that the applicant was unable to take the examination because of the following:

(a) Illness or injury; or

(b) Death or serious illness of or injury to a member of the applicant's immediate family.

4002.12 A board or the Director, in making a determination under § 4002.11, may require a doctor's certificate or other satisfactory evidence of illness or injury.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4002

17 DCMR § 4003 CHEATING ON AN EXAMINATION

4003.1 No person shall cheat or assist another in cheating on an examination required under this subtitle or the Act.

4003.2 As used in this section, "cheating" includes, but is not limited to, the following:

(a) Communication relating to the examination between applicants inside or outside of an examination room or copying another applicant's answers while an examination is in progress;

(b) Communication relating to an examination with others outside of an examination room while the examination is in progress;

(c) Substitution by an applicant of another person to sit in an examination room in the applicant's place; and

(d) Use of crib sheets, text books, or other materials not authorized by the board inside or outside an examination room while an examination is in progress.

4003.3 If a person designated to proctor an examination suspects that an applicant is cheating or has cheated on the examination, the person shall do the following:

(a) If necessary, seat the applicant in a segregated location for the remainder of the examination;

(b) Keep a record of the applicant's seat location and identification number, and the names and identification numbers of the applicants on either side of the applicant;

(c) Confiscate any materials or devices that are suspected of being used by the applicant to cheat on the examination;

(d) Permit the applicant to complete the examination; and

(e) Notify the testing service, the board, and the Director that the applicant is suspected of cheating and provide the board with a copy of the examination booklet and any evidence obtained by the person proctoring the examination.

4003.4 If a board has cause to believe that an applicant has cheated or has failed to comply with an instruction of a proctor given pursuant of § 4003.3, it may propose to deny a license, impose a civil fine, or take other actions pursuant to the procedures set forth in § 4102 of Chapter 41 of this title.

4003.5 If a board determines, in accordance with the procedures set forth in Chapter 41 of this title, that an applicant cheated on an examination, in addition to any other consequences under the Act or this subtitle, the applicant shall not be eligible to take another examination for a period of one (1) year from the date of the decision of the board, or other period established by the board in its order.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4003

17 DCMR § 4004 ISSUANCE OF A LICENSE, CERTIFICATE, OR REGISTRATION

4004.1 After a determination by a board that an applicant for a license, certificate, or registration meets all of the requirements for the license, certificate, or registration under this subtitle and the Act, including the payment of all required fees, the Director shall issue the license, certificate, or registration to the applicant.

4004.2 The Director shall indicate on the face of the license, certificate, or registration any restriction on the license, certificate, or registration required by a board.

4004.3 An applicant for a license, certificate, or registration who is notified by the Director or a board that the application is approved shall pay the required license fee within one hundred and eighty (180) days of the date of the initial notice.

4004.4 The Director or a board shall send the notice by first class mail to the applicant at the applicant's address on file with the Director.

4004.6 If the applicant fails to pay the required fee within this period, the application shall lapse and the applicant shall be required to submit a new application and pay the required application fees to be eligible for a license, certificate, or registration.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4004

17 DCMR § 4005 RENEWAL OF A LICENSE, CERTICATE, OR REGISTRATION

4005.1 The Director shall send a renewal application to a holder of a license, certificate, or registration by first class mail to the holder's address on file with the Director at least sixty (60) days prior to the expiration of the license, certificate, or registration.

4005.2 To be eligible for renewal, the holder of a license, certificate, or registration shall meet all of the requirements for renewal under this subtitle and the Act.

4005.3 A holder of a license, certificate, or registration shall notify the Department in writing of any change of home or business address within thirty (30) days of the change of address.

4005.4 The failure of a holder of a license, certificate, or registration to receive the notice required by § 4005.1 does not relieve the holder of the responsibility of renewing the license, certificate, or registration.

4005.5 A holder of a license, certificate, or registration who fails to renew prior to the expiration date may renew the license, certificate, or registration within sixty (60) days after expiration upon paying the required late fee. Upon renewal, the holder shall be deemed to have possessed a valid license, certificate, or registration during the period between the expiration of the license, certificate, or registration and the renewal thereof.

4005.6 If a holder of a license, certificate, or registration fails to renew the license, certificate, or registration within sixty (60) days after the expiration, the license, certificate, or registration shall be considered to have lapsed on the date of expiration, and the holder shall be required to apply for reinstatement and pay the required reinstatement fee, in accordance with the applicable provisions of this subtitle and the Act.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4005

17 DCMR § 4006 TERM OF A LICENSE, CERTIFICATE, OR REGISTRATION

4006.1 The term of a license, certificate, or registration issued or renewed pursuant to this subtitle shall be two (2) years or for the balance of the license period, whichever is shorter.

4006.2 The term of a license, certificate, or registration issued or renewed pursuant to this subtitle shall expire on the date established by this subtitle for the particular health occupation, unless the Director changes the renewal system pursuant to § 4006.3 or extends the term pursuant to § 4006.5.

4006.3 The Director may change the renewal system whereby the license, certificate, or registration expires on the last day of the month of the birthdate of the applicant for or holder of the license, certificate, or registration.

4006.4 If the Director changes the renewal system under § 4006.3, in order to permit an orderly transition, the term of a license, certificate, or registration that is in effect on the date of the Director's determination may be extended up to three (3) years.

4006.5 The Director may extend the term of a license, certificate, or registration of a health profession for administrative convenience, or if the Director determines that there is an exigent circumstance that requires an extension for the preservation of the health and safety of the public.

4006.6 If the Director extends the term of a license, certificate, or registration under § 4006.5, the Director shall issue a notice of the extension which shall not exceed ninety (90) days. If the extension granted is for sixty (60) days or more, the provisions of §§ 4005.5 and 4005.6 shall not apply and any license, certificate, or registration that is not renewed by the end of the extension period shall expire on the date specified in the notice.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859, 5864 (September 11, 1987); as amended by Final Rulemaking published at 54 DCR 8930 (September 14, 2007); as amended by Final Rulemaking published at 69 DCR 002467 (March 25, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4006

17 DCMR § 4007 TEMPORARY LICENSES

4007.1 A board may issue temporary licenses pursuant to this section if the Director determines in writing, on the request of a board or on the Director's own determination, that the issuance of temporary licenses to practice a health occupation is necessary to protect the health and welfare of the citizens of the District.

4007.2 Upon a determination of the Director in writing that the issuance of temporary licenses is no longer necessary to protect the health and welfare of the citizens of the District, the authority of a board to issue temporary licenses pursuant to this section shall cease, but a temporary license issued prior to the determination of the Director shall remain valid until it expires.

4007.3 A board may impose restrictions on practice by a holder of a temporary license before or after the license is issued. The board may remove or modify any restrictions on a temporary license. The Director shall indicate any restriction on a temporary license on the face of the license or otherwise give notice of the restriction.

4007.4 A board may issue a temporary license pursuant to this section only to the following persons:

An applicant for a new license who is licensed in another jurisdiction of the United States and is applying for licensure by reciprocity or endorsement;

An applicant who meets all qualifications for a license except for the successful completion of an examination and who has applied to take the next scheduled examination pursuant to § 4002;

An applicant who has submitted an application for a new license and is licensed and in good standing in another jurisdiction; or

An applicant who has satisfied all other requirements of the Director for the issuance of a temporary license as determined in writing.

4007.5 The duration of a temporary license issued under this section shall be established by the Director, but shall not exceed ninety (90) days.

4007.6 [REPEALED].

4007.7 A holder of a temporary license shall not represent in any manner that the holder is a regularly licensed health professional or use the terms or abbreviations restricted to regularly licensed health professionals by § 1003 of the Act, D.C. Official Code § 2-3310.3 (1987 Supp).

4007.8 Except as proved in this section, the holder of a temporary license is subject to the applicable provisions of the Act including, but not limited to, the following:

(a) Section 509, D.C. Official Code § 2-3305.9 (1987 Supp.) (scope of license);

(b) Section 513, D.C. Official Code § 2-3305.13 (1987 Supp.) (display of licenses; change of address);

(c) Section 514, D.C. Official Code § 2-3305.14 (1987 Supp.) (revocation, suspension or denial or license or privilege; civil penalty; reprimand);

(d) Section 515, D.C. Official Code § 2-3305.15 (1987 Supp.) (summary action);

(e) Section 516, D.C. Official Code § 2-3305.16 (1987 Supp.) (cease and desist orders); and

(f) Section 517, D.C. Official Code § 2-3305.17 (1987 Supp.) (voluntary surrender of license).

4007.9 The holder of a temporary license who violates the restrictions placed on the license shall be subject to the criminal, civil, and administrative sanctions of the Act.

4007.10 A board may revoke a temporary license without a hearing for any reason that the board determines to be in the interests of the health or welfare of the citizens of the District, upon a minimum of five (5) days’ notice given in the manner prescribed by § 4105 of Chapter 41 of this title.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859, 5864 (September 11, 1987); as amended by Final Rulemaking published at 70 DCR 011632 (September 1, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4007

17 DCMR § 4008 FALSE OR MISLEADING COMMUNICATIONS AND ADVERTISING

4008.1 A health professional shall not make or cause to be made a false or misleading communication about the health professional or the health professional's services.

4008.2 A health professional shall not falsely represent that the health professional is certified by, a member of, or otherwise endorsed by, a professional society, association, or other organization.

4008.3 A health professional shall not communicate the fact that the health professional practices a particular health occupation, or specializes in a particular field of the health occupation, unless the health professional is in fact a specialist in the particular field indicated or possesses any certificate required by the health profession to be a specialist in the field.

4008.4 Subject to this section, a health professional may advertise professional services through media, such as a telephone directory, legal directory, newspaper or other periodical, radio or television, or through written communication not involving personal contact.

4008.5 As used in this section, a communication is "false" or "misleading" if it:

(a) Contains a material misrepresentation or omits to make a representation necessary to make the statement considered as a whole not misleading; or

(b) Contains an assertion about the health professional or the health professional's services that cannot be substantiated.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4008

17 DCMR § 4009 REGULATION OF HOLDERS OF CERTIFICATES OR REGISTRATIONS

4009.1 A board may take the same disciplinary actions against the holder of a certificate or registration as it may take against the holder of a license under § 514 of the Act, D.C. Official Code § 2-3305.14 (1987 Supp.) for the grounds stated in that section.

4009.2 The Director may take any action with respect to the holder of a registration that a board is authorized to take under the Act or this subtitle against the holder of a license or certificate.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4009

17 DCMR § 4010 REINSTATEMENT OF AN EXPIRED LICENSE

4010.1 This section applies to the following:

(a) An applicant for reinstatement of an expired licensed issued under the Act, in accordance with § 512 of the Act, D.C. Official Code § 2-3305.12 (1987 Supp.); and

(b) An applicant for reinstatement of an expired license or certificate issued under a law repealed or amended by the Act.

4010.2 An applicant for reinstatement under this section shall file an application with the board on the prescribed form and shall pay the required reinstatement fee.

4010.3 An applicant for reinstatement under this section shall demonstrate fitness to resume practice by submitting evidence satisfactory to the board that the applicant has the competency and knowledge of District and federal laws necessary to resume practice of the health occupation and that the applicant's resumption of practice will not be detrimental to the public interest or the integrity of the health profession.

4010.4 In making a determination pursuant of § 4010.3, the board shall consider the following:

(a) The length of time that the applicant had practiced in the District or other jurisdictions;

(b) The length of time after expiration of the applicant's license that the applicant was not practicing the health profession in the District or other jurisdictions;

(c) Any violations by the applicant of the Act, this subchapter, or other laws, or other conduct by the applicant that would be grounds for discipline under the Act;

(d) The applicant's present character; and

(e) The applicant's present qualifications and competency to practice the health occupation.

4010.5 A board may require an applicant to complete certain educational or training requirements, in addition to any continuing education requirements, to be completed prior to or after reinstatement to ensure that the applicant is competent to practice the health occupation.

4010.6 A person who was licensed as a health professional under a law repealed by the Act and who was not licensed under the Act may apply for reinstatement pursuant to this section by March 25, 1991. After this date, such a person must apply as an applicant for a new license.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4010

17 DCMR § 4011 REINSTATEMENT AFTER REVOCATION

4011.1 A health professional whose license, certificate, or registration has been revoked, or whose application for reinstatement has been denied, shall be ineligible to apply for reinstatement for a period of one (1) year from the date of the revocation or denial, unless otherwise provided in the board order of revocation or denial.

4011.2 An applicant for reinstatement under this section shall file an application with the board on the prescribed form and shall pay the required reinstatement fee.

4011.3 In addition to the requirements of § 4011.2, and applicant for reinstatement shall demonstrate fitness to resume practice by submitting evidence satisfactory to the board that the applicant has the moral qualifications, competency, and knowledge of District and federal laws necessary to resume practice of the health occupation and that the applicant's resumption of practice will not be detrimental to the public interest or the integrity of the health profession

4011.4 In making a determination pursuant to § 4011.3, the board shall consider, among other factors, the following:

(a) The nature and circumstances of the conduct, or the mental or physical condition, for which the applicant's license, certificate, or registration was revoked;

(b) The applicant's recognition and appreciation of the seriousness of any misconduct;

(c) The applicant's conduct, or mental or physical condition, since the revocation, including steps taken by the applicant to remedy prior misconduct and prevent future misconduct, or to remedy the mental or physical condition;

(d) The applicant's present character; and

(e) The applicant's present qualifications and competency to practice the health occupation.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4011

17 DCMR § 4012 REFERRAL FOR PROSECUTION OF PERSONS COMMITTING CERTAIN OFFENSES

4012.1 A District employee or member of a board shall inform the Director and the board if the employee or board member has good cause to believe that a person has committed one (1) of the following offenses in connection with an application for a license, certificate, or registration or in any proceeding before a board or the Director:

(a) Wilfully making a false statement of a material fact under oath at a hearing or other proceeding which the person does not believe is true and in fact is not true in violation of D.C. Official Code § 22-2511 (1987 Supp.) (perjury);

(b) Wilfully procuring another to commit perjury in violation of D.C. Official Code § 22-2512 (1987 Supp.) (subornation of perjury);

(c) Wilfully making a false statement of a material fact on an application or other official document that was sworn to before a notary public in violation of D.C. Official Code § 22-2513 (1987 Supp.) (false swearing); or

(d) Wilfully making a false statement in writing of a material fact or which statement would reasonably be expected to be relied upon as true in violation of D.C. Official Code § 22-2514 (1987 Supp.) (false statements).

4012.2 If the Director or the board determines that there is good cause to believe that a person committed one of the offenses listed in § 4012.1, the Director or board may refer the matter to the United States Attorney for the District of Columbia for prosecution.

4012.3 All application forms for a license, certificate, or registration under this subtitle shall contain a notice that states in substance that:

"The making of a false statement on this application or on documents required by this application is punishable by criminal penalties."

History

• SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4012

17 DCMR § 4013 COMPUTATION OF TIME

4013.1 In computing any period of time specified in this chapter, the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is a Saturday, Sunday, legal holiday or day on which the Department is officially closed, in which event the time period shall continue until the next day that is not a Saturday, Sunday, legal holiday, or day on which the Department is officially closed.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4013

17 DCMR § 4014 LICENSE OR CERTIFICATE BY RECIPROCITY

4014.1 An applicant for a license or certificate by reciprocity shall furnish proof satisfactory to the board regulating the health occupation of either of the following:

(a) That the applicant is licensed or certified and in good standing as a member of the health occupation for which the applicant seeks a license or certificate in a jurisdiction on the list developed by the board pursuant to § 4014.3, by submitting from the jurisdiction a certificate of licensure or certification in good standing; or

(b) Proof of the following:

(1) That the applicant is licensed or certified and in good standing as a member of the health occupation for which the applicant seeks a license or certificate in a jurisdiction of the United States with requirements which are substantially equivalent to the requirements of the Act, by submitting from the jurisdiction a certificate of licensure or certification in good standing; and

(2) That the jurisdiction in which the applicant is licensed or certified admits members of the health occupation for which the applicant seeks a license or certificate who are licensed or certified by the District in a like manner as the District admits members of that health occupation who are licensed or certified in that jurisdiction, by arranging for the jurisdiction to provide to the Board a certificate or other written statement, signed by appropriate officials.

4014.2 A board, in its discretion, may deny an application for a license by reciprocity of a person against whom disciplinary action has been taken, or who has been convicted of a crime bearing on the applicant's fitness to practice, in another jurisdiction.

4014.3 A board may develop a list of jurisdictions whose requirements for licensure or certification are substantially equivalent to the requirements of the Act and which admit members of the health occupation regulated by the board who are licensed or certified in the District in a like manner as the District admits members of that health occupation who are licensed or certified in those jurisdictions.

4014.4 A board may interview an applicant under this section to determine whether the applicant's education, training, or character meets the requirements of the Act and this subtitle.

4014.5 A board, in its discretion, may grant a provisional license or certification not to exceed ninety (90) days to an applicant who has met the requirements of this subtitle except for the receipt by the board of required certification or other proof or licensure or certification in the other jurisdiction; Provided, that the board determines to its satisfaction, by telephone inquiry or other means, that the applicant has a license or certificate in good standing from the jurisdiction.

4014.6 The Director shall issue a provisional license granted by a board pursuant to § 4014.5.

History

• SOURCE: Final Rulemaking published at 35 DCR 2240 (March 25, 1988). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4014

17 DCMR § 4015 SPECIAL RENEWAL AND CONTINUING EDUCATION HOURS PROVISIONS FOR ACTIVELY DEPLOYED LICENSEES

4015.1 If the license of a health professional lapses while serving in the military whenever the United States is engaged in active military operations against any foreign power or hostile force, the license may be reinstated or renewed without payment of the reinstatement or late renewal fee under the following conditions:

(a) The license was active at the time of deployment;

(b) The application for reinstatement or renewal is made while still in the armed services or no later than six (6) months after discharge from active service or return to inactive military status;

(c) A copy of the military activation orders or other proof of active military service accompanies the application; and

(d) The renewal fee is paid.

4015.2 If the required continuing education contact hours were not earned for renewal during the earning period, the licensee shall be required to complete the required continuing education hours needed for renewal no later than six (6) months after discharge from active service, return to inactive military status, or return to the United States from an active war zone.

4015.3 The continuing education contact hours used for renewal shall not be used for the next licensing renewal.

4015.4 The continuing education contact hours for the next license renewal shall not be prorated.

History

• SOURCE: Final Rulemaking published at 52 DCR 6176 (July 1, 2005). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4015

17 DCMR § 4016 DISPLAY AND USE OF NAME IN PROFESSIONAL PRACTICE

4016.1 An individual holding a license, registration, or certification to practice a health occupation in the District of Columbia shall perform all professional practice in the District under the full name in which his or her license was issued. This shall mean displaying the full name in which his or her license was issued on all signage, stationary, and advertisements; and using this name in all oral and written communications with the public or his or her patients.

History

• SOURCE: Final Rulemaking published at 54 DCR 8482 (August 31, 2007). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4016

17 DCMR § 4017 REPORTING REQUIREMENTS

4017.1 Any health care provider that employs a physician who is licensed in the District of Columbia shall report the following to the Board of Medicine within ten (10) days:

(a) Any disciplinary action that is taken against the physician by the health care provider; and

(b) The resignation of any physician that occurs while the physician is being investigated by the health care provider.

4017.2 The Board of Medicine shall impose a penalty not to exceed two thousand five hundred dollars ($2,500.00) on a physician who employs a physician and who fails to comply with the provisions of § 4017.1.

4017.3 The Board of Medicine shall refer to the appropriate board or to the System Administrator for appropriate action non-physician health care providers who fail to report the discipline of physicians or the resignation of physicians while under investigation pursuant to § 4017.1, or who do so more than ten (10) days after the discipline is imposed or the resignation occurs.

4017.4 Health care providers and medical facilities providing services in the District of Columbia shall submit biannual adverse event reports, on January 1 and July 1 of each calendar year, to the System Administrator.

4017.5 Each adverse event report shall:

(a) Be reported using the form approved by the Board of Medicine and available on the Department’s Health Regulation and Licensing Administration (HRLA) website;

(b) Ensure that the patient’s identity shall be de-identified and anonymous. For each adverse event reported, the reporting health care provider or medical facility shall use a numeric internal event identifier that will allow the System Administrator to subpoena health records and conduct investigations when needed; and

(c) Include a corrective action plan designed to prevent future similar adverse events.

4017.6 Individual health care providers shall not be required to report adverse events occurring in medical facilities in which they have privileges or in which they are employed or provide contracted services unless they own the medical facility.

4017.7 Medical facilities shall report adverse events to the System Administrator that occur in the facility or as a result of the service.

4017.8 The appropriate board or the Office of Administrative Hearings (OAH) shall adjudicate contested cases for failing to timely file adverse event reports.

4017.9 The appropriate board, the System Administrator, or OAH shall impose a penalty of not less than five hundred dollars ($500.00) or more than two thousand five hundred dollars ($2,500.00) for failure to submit a timely adverse event report.

4017.10 The System Administrator shall be responsible for:

(a) Investigating adverse events as needed, including the subpoenaing of de-identified and anonymous primary health records;

(b) Collecting, organizing, and storing data on adverse events occurring in the District of Columbia;

(c) Tracking, assessing, and analyzing the incoming reports, findings, and corrective action plans;

(d) Identifying common adverse event patterns or trends;

(e) Recommending methods to reduce systematic adverse events;

(f) Providing technical assistance to health care providers and medical facilities on the development and implementation of patient safety plans to prevent adverse events;

(g) Disseminating information and advising health care providers and medical facilities in the District of Columbia on medical best practices;

(h) Monitoring national trends in best practices and disseminating relevant information and advice to health care providers and medical facilities in the District of Columbia; and

(i) Publishing an annual report that includes summary data of the number and types of adverse events for the prior calendar year by type of healthcare provider and medical facility, rates of change per type of event, other analyses, and recommendations to improve health care delivery in the District of Columbia.

4017.11 Information provided to or obtained by the System Administrator pursuant to §§ 4017.4 and 4017.5, including the identity of persons providing such information and the reports or documents provided pursuant to § 4016.5, as well as files, records, findings, opinions, recommendations, evaluations, and reports of the System Administrator, shall be confidential and shall not be subject to disclosure pursuant to any other provision of law, and shall not be discoverable or admissible into evidence in any civil, criminal, or legislative proceeding. The information shall not be disclosed by any person under any circumstances, except as such data in the aggregate may be published in the annual report by the System Administrator.

4017.12 No person providing information to the System Administrator shall be compelled to testify in any civil, criminal, or legislative proceeding with respect to any confidential matter contained in the information provided to the System Administrator, except the System Administrator may provide information in a criminal proceeding in which an individual is accused of a felony, if ordered to do so by a court pursuant to D.C. Official Code § 7-161(e)(3).

4017.13 Information gathered by the System Administrator on adverse events pursuant to this section shall not be used for purposes other than as set forth in § 4017.10.

4017.14 Information submitted by health care providers and medical facilities pursuant to this section shall not be shared with the Healthcare Facilities Division (HFD) of the HRLA.

4017.15 Medical facilities and individual health care providers are subject to investigation by the System Administrator, in addition to investigations pursuant to §§ 4017.5(b) and 4017.10(a), for a failure to file an adverse event report in a timely manner.

4017.16 When information on an adverse event comes to the System Administrator by other means, such as by complaint or by regular processes performed by the HFD, such information may be used by HFD to initiate an investigation for purposes of regulatory compliance unrelated to the reporting of adverse events pursuant to D.C. Official Code § 7-161.

History

• SOURCE: Final Rulemaking published at 55 DCR 6452 (June 13, 2008). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4016

17 DCMR § 4099 DEFINITIONS

4099.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act - the District of Columbia Health Occupations Revisions Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01 et seq.).

Adverse event - an event, occurrence, or situation involving the medical care of a patient by a health care provider that results in death or an unanticipated injury to the patient, as designated by the Board of Medicine and available on the Department’s Health Regulation and Licensing Administration website.

Board - the Board of Chiropractic, Board of Dentistry, Board of Dietetics and Nutrition, Board of Marriage and Family Therapy, Board of Massage Therapy, Board of Medicine, Board of Nursing, Board of Long-Term Care Administration, Board of Occupational Therapy, Board of Optometry, Board of Pharmacy, Board of Physical Therapy, Board of Podiatry, Board of Professional Counseling, Board of Psychology, Board of Respiratory Care, Board of Social Work, or Board of Veterinary Medicine, established by the Act, as the context requires.

Certificate - a certificate to practice a specialty of health occupation issued by a board pursuant to this subtitle or the Act.

Day - a calendar day.

Department - the Department of Health. Director – the Director of the Department of Health, or the Director’s designee.

Disciplinary action - an action taken by a health care provider that limits or revokes the privileges of a physician to practice medicine at any medical facility of that provider or that results in the termination of the physician’s employment or other contractual relationship with the provider due to substandard quality of clinical practice, unprofessional behavior, or substance abuse.

Employs - the action of a health care provider to enter into an employment or other contractual relationship with a physician to practice medicine or to grant a physician privileges to practice medicine at any medical facility of that provider.

Health care provider - an individual or entity licensed or otherwise authorized under District law to provide healthcare service, including a hospital, nursing facility, comprehensive outpatient rehabilitation facility, home health agency, hospice program, renal dialysis facility, ambulatory surgical center, pharmacy, physician or health care practitioner’s office, long-term care facility, behavior health residential treatment facility, health clinic, clinical laboratory, health center, physician, physician assistant, nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, certified nurse midwife, psychologist, certified social worker, registered dietitian or nutrition professional, physical or occupational therapist, pharmacist, or other individual health care practitioner.

Legal holiday - one of the following holidays:

(a) New Year’s Day;

(b) Martin Luther King, Jr.’s Birthday;

(c) Washington’s Birthday;

(d) Memorial Day;

(e) Independence Day;

(f) Labor Day;

(g) Columbus Day;

(h) Veterans Day;

(i) Thanksgiving Day;

(j) Christmas Day; or

(k) Any other day designated as a legal holiday by the president, the Congress, the Mayor of the Council of the District of Columbia, on the actual day the legal holiday is celebrated by the government of the District of Columbia.

License - a license to practice a health occupation issued by a board pursuant to this chapter or the Act.

Medical facility - a hospital, nursing facility, comprehensive outpatient rehabilitation facility, home health agency, hospice program, renal dialysis facility, ambulatory surgical center, pharmacy, physician or health care practitioner’s office, long-term care facility, behavior health residential treatment facility, health clinic, clinical laboratory, or health center.

Primary health record - the record of continuing care maintained by a health professional, group practice, or health care facility or agency containing all diagnostic and therapeutic services rendered to an individual patient by the health professional, group practice, or health care facility, or agency.

Registration - a registration required to practice a health occupation issued pursuant to this chapter or the Act.

System Administrator - the Senior Deputy of the Department’s Health Regulation and Licensing Administration, or such other individual as designated by the Director.

History

• SOURCE: Final Rulemaking published at 34 DCR 5859, 5870 (September 11, 1987); as amended by Final Rulemaking published at 49 DCR 6820 (July 19, 2002); as amended by Final Rulemaking published at 49 DCR 11237 (December 13, 2002); as amended by Final Rulemaking published at 55 DCR 6455 (June 13, 2008); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4099

17-41 HEALTH OCCUPATIONS: ADMINISTRATIVE PROCEDURES

17 DCMR § 4100 APPLICABILITY

4100.1 This chapter shall apply to holders of and applicants for a license, certificate, or registration.

4100.2 The District of Columbia Administrative Procedure Act, D.C. Official Code §§ 1-1501 to 1-1511 (1981 ed. & 1987 Supp.), shall supplement this chapter, except to the extent that it conflicts with the Act.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4100

17 DCMR § 4101 COMPLAINTS

4101.1 A board, on its own motion or on the receipt of a complaint submitted in accordance with §4101.2, shall request the Director to investigate a health professional if the facts alleged in the complaint, if proven, would constitute sufficient grounds for disciplinary action under § 514(a) of the Act, D.C. Official Code § 2-3305.14(a) (1987 Supp.), other provisions of the Act, or this subtitle.

4101.2 A person who desires to file a complaint against a health professional shall do the following:

(a) Submit the complaint in writing;

(b) State the facts or circumstances that form the basis of the complaint;

(c) Sign the complaint and state the complainant's name and address; and

(d) Mail or deliver the complaint to the board.

4101.3 Nothing in § 4101.2 shall preclude a board, on its own motion, from requesting the Director to investigate a health professional based on information obtained from an individual who does not file a complaint in accordance with that subsection.

4101.4 Upon receiving a complaint, a board may, in its discretion, order that the health professional complained of answer the complaint within ten (10) days of receipt of the complaint. The board shall attach a copy of the complaint to an order to answer or shall describe the acts alleged in the complaint. The health professional shall respond to an order to answer either personally or through his or her attorney. An answer shall address the substantive allegations set forth in the complaint or order.

4101.5 If a board receives a written response from a health professional requested pursuant to § 4101.4, it may, in its discretion, send a copy of the response to the complainant and request a written reply within a time period determined by the board.

4101.6 Upon receipt of a health professional's answer or at any point during the course of the investigation or inquiry into the complaint, the board may determine that there is not and will not be sufficient evidence to warrant further proceedings or that the complaint fails to allege incompetence or misconduct for which a health professional may be sanctioned by the board. In such event, the board shall dismiss the complaint.

4101.7 For purposes of a hearing on the substance of the complaint in accordance with § 4102 should a hearing occur, a board may draw an adverse inference from a respondent's failure to respond to an order to answer the complaint and shall weigh that inference together with all other evidence in determining whether or not a matter has been proved.

4101.8 If a health professional violates the board's order and fails to answer within the ten (10) day period or if the board determines that there is otherwise reason to believe that the acts alleged occurred and constitute a violation pursuant to D.C. Official Code § 3-1205.14, the board may take one (1) of the following actions:

(a) Refer the complaint to the Director for investigation;

(b) Set the matter for a hearing in accordance with § 4102 on the substance of the complaint or on the health professional's violation of the board's order to answer; or

(c) Request that the licensee or respondent attend a settlement conference in accordance with § 4108.

4101.9 If a board dismisses a complaint, it shall give the complainant notice in writing, sent first class mail, of the dismissal of the complaint within ten (10) days of the action.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987); as amended by Final Rulemaking published at 53 DCR 7386 (September 8, 2006); as corrected by an Errata Notice published at 59 DCR 29459 (March 30, 2012). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4101

17 DCMR § 4102 NOTICE OF INTENDED ACTION AND OPPORTUNITY FOR A HEARING

4102.1 A holder of a license (except a temporary license), certificate, or registration, or a person possessing a privilege to practice in the District under the Act, shall be given notice of, and an opportunity for, a hearing before the board regulating the health profession if the effect of the action would be one of the following:

(a) To revoke a license, certificate, registration, or privilege;

(b) To suspend a license, certificate, registration, or privilege;

(c) To reprimand the holder of a license, certificate, registration, or privilege;

(d) To impose a civil fine;

(e) To require a course of remediation;

(f) To require a period of probation; or

(g) To refuse to renew the license, certificate, or registration for any cause other than failure to pay the required renewal fee.

4102.2 If a board proposes to take an action of the type set forth in § 4102.1, it shall give written notice to the respondent in accordance with § 4105. The notice shall contain:

(a) One of the following statements:

(1) A statement that the board has sufficient evidence, which, if proven to be true, establishes that the respondent has failed to answer the complaint when ordered to do so by a board pursuant to § 4101.4; or

(2) A statement that the board has sufficient evidence in support of the complaint, which, if proven to be true, justifies taking the proposed action, and setting forth the nature of the evidence that serves as the basis for the underlying complaint;

(b) One of the following statements:

(1) That the board may take the proposed action, unless the applicant requests a hearing before the board by a letter addressed to the board, sent by certified mail or delivered in person, within twenty (20) days after service of the notice, and that the board may take the proposed action if the respondent fails to appear at a scheduled hearing; or

(2) That the board has scheduled a hearing on the proposed action, setting forth the date, time and place of the hearing, and that the board may take the proposed action if the respondent fails to appear at the hearing; and

(c) A description of the rights of the respondent at a hearing as specified in § 4109.3.

4102.3 An applicant for a license (other than a temporary license), certificate, or registration shall be given notice of and an opportunity for a hearing before the board regulating the health profession or the Director if the effect of the action would be one of the following:

(a) To deny permission to take an examination for any cause, except when the denial is based on the failure to meet a qualification over which the board has no discretion, including, but not limited to, the following:

(1) Failure to meet the minimum age requirement of eighteen (18) years; or

(2) Failure to meet educational or experience requirements where the acceptability of the educational program or quality of the experience is not an issue;

(b) To deny a license, certificate, or registration for any cause, except when the denial is based on the failure to meet a qualification over which the board has no discretion including, but not limited to, the following:

(1) Failure to pass an examination;

(2) Failure to meet the minimum age requirement of eighteen (18) years; or

(3) Failure to meet educational or experience requirements where the acceptability of the educational program or quality of the experience is not an issue;

(c) To deny a license or certificate by reciprocity or endorsement; or

(d) To impose a civil fine.

4102.4 If a board proposes to take an action of the type specified in § 4102.3, it shall give written notice to the applicant in accordance with § 4105. The notice shall contain the following:

(a) A statement that the applicant has failed to satisfy the board as to the applicant's qualifications to take the examination or to be approved for licensure;

(b) A statement that specifies in what respect the applicant has failed to satisfy the board; and

(c) One of the following statements:

(1) That the board may take the proposed action, unless the applicant requests a hearing before the board by a letter addressed to the board, sent by certified mail or delivered in person, within twenty (20) days after service of the notice, and that the board may take the proposed action if the respondent fails to appear at a scheduled hearing; or

(2) That the board has scheduled a hearing on the proposed action, setting forth the date, time, and place of the hearing, and that the board may take the proposed action if the respondent fails to appear at the hearing; and

(d) A description of the rights of respondent at a hearing as specified in § 4109.3.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872, 5874 (September 11, 1987); as amended by Final Rulemaking published at 53 DCR 7387 (September 8, 2006). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4102

17 DCMR § 4103 FAILURE TO REQUEST A HEARING OR FAILURE TO APPEAR

4103.1 If a person who was sent a notice of a proposed action pursuant to §4102 does not mail or deliver a request for a hearing within the time and in the manner required under that section, a board may, without a hearing, take the action contemplated in the notice.

4103.2 If a person scheduled for a hearing does not appear for the hearing, and no continuance is granted, a board may receive evidence and hear testimony and may render a decision on the basis of evidence before it. However, the board, prior to rendering a decision, may, upon written request of the respondent and payment of the required fee, send a copy of the transcript or summary of the hearing to the respondent and request proposed findings of fact and conclusions of law from the respondent.

4103.3 A board shall inform the respondent, the Corporation Counsel, and the Director of an action taken under this section.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4103

17 DCMR § 4104 HEARING NOTICE PROCEDURES

4104.1 If a respondent requests a hearing, a board shall, within twenty (20) days following receipt of the request, notify the respondent of the date, time, and place of the hearing.

4104.2 A board shall hold the hearing not less than fifteen (15) days following the date of service of the notice, unless the board, the respondent, and the Corporation Counsel agree to the holding of the hearing at an earlier date.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4104

17 DCMR § 4105 SERVICE

4105.1 A notice, order, decision, or pleading (“paper”) required by this chapter to be served upon a party shall be served upon the party or upon the representative designated by the party or by law to receive service of papers. If a party has appeared through counsel, service may be made upon the counsel of record.

4105.2 Service of a paper described in § 4105.1 shall be made by one of the following methods:

(a) By personal delivery on the party, representative, or counsel wherever the party, representative, or counsel may be;

(b) If the address of record of the party or the address of a representative or counsel is a place of business, by leaving it at such place of business with a person in charge or an employee of the business with suitable discretion and responsibility;

(c) If the address of record of the party or the address of a representative or counsel is a residence, by leaving it at such residence with a person of suitable discretion sixteen (16) years of age or older residing there;

(d) By Priority Mail, Priority Mail Express, or First Class Mail through the United States Postal Service (USPS) to the address of record of the party or the address of a representative or counsel; provided, that First Class Mail must be sent as Certified Mail or Registered Mail or with a return receipt requested;

(e) By a commercial carrier for delivery within three (3) calendar days to the address of record of the party or the address of a representative or counsel with the cost of delivery prepaid and delivery signature required;

(f) By a commercial carrier for delivery within three (3) calendar days to the address of record of the party or the address of a representative or counsel with the cost of delivery prepaid and without a delivery signature required if delivery pursuant to paragraph (e) of this subsection was previously attempted but was unsuccessful due to the inability of the commercial carrier to obtain a delivery signature;

(g) By email to the email address of record of the party or the address of a representative or counsel if service by email is authorized by § 4105.5; provided, that a summary action under § 4118 may not be served by email; or

(h) In conformity with an order of a board issued in any hearing.

4105.3 Proof of service made pursuant to § 4105.2 may be shown by one of the following methods:

(a) Written acknowledgment by the party, representative, or counsel on whom service was made stating the name and address or location of the person on whom service was made and the manner and date of service if service is made in accordance with § 4105.2(a);

(b) Written acknowledgment by the person in charge, employee, or person of suitable discretion sixteen (16) years of age or older with whom the paper was left stating the name and address of the person with whom the paper was left and the manner and date of service if service is made in accordance with § 4105.2(b) or (c);

(c) A certificate of service executed by the individual serving the paper that states the name of the party, representative, or counsel served, the address or location at which service was made, and the manner and date of service, if service was made pursuant to § 4105.2(a), (b), or (c);

(d) A return receipt, delivery confirmation, or tracking information indicating delivery provided by USPS if service is made by one of the means listed in § 4105.2(d);

(e) A USPS notice that an item has been returned unclaimed, if delivery was attempted by one of the means listed in § 4105.2(d); provided, that if a forwarding address for the party, representative, or counsel is provided by USPS with the notice, proof of service shall not have been deemed to have been shown;

(f) A delivery signature confirmation provided by a commercial carrier if service is made in accordance with § 4105.2(e);

(g) A delivery confirmation from the commercial carrier, if service is made in accordance with § 4105.2(f);

(h) Email system record showing delivery tracking or read receipt indicating that the email has been delivered or read or a response from the recipient if service is made by email in accordance with § 4105.2(g); provided, that service by email shall be deemed not to have been made if the email system receives a reply that the email could not be delivered; and

(i) Proof appropriate to the means of service, if service is made in conformity with an order of a board issued in any hearing pursuant to § 4105.2(h).

4105.4 The time or date of service made pursuant to § 4105.2 shall be deemed to be as follows:

(a) If service is by personal delivery in accordance with § 4105.2(a), service shall be deemed to have been made at the time when delivery is made to the party or other person served.

(b) If service is made in accordance with § 4105.2(b) or (c), service shall be deemed to have been made at the time the paper is left with the person in charge, employee, or person of suitable discretion sixteen (16) years of age or older;

(c) If service is made in accordance with § 4105.2(d), service shall be deemed to have been made on the date of delivery shown on the return receipt, delivery confirmation, or tracking information, or on the date the mail was returned unclaimed;

(d) If service is made by a commercial carrier in accordance with § 4105.2(e), service shall be deemed to have been made on the date shown on the delivery signature confirmation;

(e) If service is made by a commercial carrier in accordance with § 4105.2(f), service shall be deemed to have been made on the date shown on the delivery confirmation;

(f) If service is made by email in accordance with § 4105.2(h), service shall be deemed to have been made on the date shown by delivery tracking or read receipt that the email has been delivered or read or on the date the recipient responded to the email; and

(g) If service is made in conformity with an order of a board issued in any hearing as provided in § 4105.2(h), service shall be deemed to have been made at the date or time indicated in this section for the type of service through which service was made. If the board orders a different type of service, in accordance with the order, the date and time shall be consistent with the type of service ordered.

4105.5 The following requirements apply to service by email:

(a) Email service may be made on an attorney representing a party at the attorney’s business email address without the need for the party’s consent to such service by email;

(b) If a party is not represented by counsel, the party may consent to service by email at the email address of record or email address provided by the party; provided, that a party may subsequently withdraw their consent. Both consent and withdrawal of that consent shall be in writing.

4105.6 A party’s actual receipt of a paper shall bar any claim by the party of defective service except for a claim of late service.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987); as amended by Final Rulemaking published at 73 DCR 010853 (July 31, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4105

17 DCMR § 4106 REPRESENTATION

4106.1 A respondent appearing before a board at a hearing, or appealing a decision of an Administrative Law Judge (ALJ) before a board pursuant to § 4123, shall have the right to be represented by an attorney who is an active member of the District of Columbia Bar. The chairperson of the board shall give notice of that appearance to the Director and the Corporation Counsel.

4106.2 If it appears to a board that the issues or facts in a matter before it are so complex that the interests of justice, saving time or facilitating the preparation of an adequate record would be served by the representation of a party by an attorney, the board may urge, but not require, that the party obtain the services of an attorney and may allow that party a reasonable period of time within which to do so.

4106.3 No person may participate in a representative capacity in any hearing conducted by a board until the person delivers to the board a signed statement containing the person's name, street address, telephone number, and District of Columbia Bar number. The written statement of counsel shall be made a part of the record.

4106.4 Any person authorized to appear pursuant to this section may sign any paper required or permitted either by this subtitle or the Act to be filed with a board.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4106

17 DCMR § 4107 MOTIONS AND OTHER PLEADINGS

4107.1 Except by leave of a board during a hearing, a party shall make an application for an order or other relief by filing a written motion. A motion shall state with particularity the grounds on which it is based and shall clearly set forth the order or relief sought. If a motion is supported by memoranda, affidavits, or other papers, they shall be attached and served with the motion.

4107.2 A copy of each motion, response, opposition, reply, or other pleading filed with a board shall be served on each party separately represented, and a certificate of service shall appear at the end of the pleading showing the date and method of service.

4107.3 A party may file a response or opposition to a motion within ten (10) days after service of the motion, but a board, in its discretion, may shorten or extend this time, with proper notice to parties. The response or opposition shall not include a motion for other affirmative relieve against the moving party.

4107.4 A reply to a response or opposition may be filed within three (3) days (excluding Saturdays, Sundays, legal holidays, or days on which the Department is officially closed) after service of the response or opposition, but the reply shall not reargue propositions presented in the motion nor present matters which are not strictly in reply to the response or opposition. No further pleading may be filed except by leave of a board for extraordinary cause.

4107.5 A motion or other pleading shall meet the following additional requirements:

(a) It shall be typewritten on business size (8 1/2 x 11) paper;

(b) It shall contain the name of the case and number of the case, if any;

(c) It shall be double-spaced, except footnotes and quotations, which may be singled-spaced;

(d) It shall be signed by the party on whose behalf it is filed or by that party's counsel; and

(e) Subject to §4107.6, it shall be accompanied with a number of copies that corresponds to the number of members of the board authorized by the Act, plus one, as follows:

(1) In cases before the Board of Dentistry, eight (8) copies;

(2) In cases before the Board of Dietetics and Nutrition, four (4) copies;

(3) In cases before the Board of Medicine, twelve (12) copies;

(4) In cases before the Board of Nursing, twelve (12) copies;

(5) In cases before the Board of Nursing Home Administration, six (6) copies;

(6) In cases before the Board of Occupational Therapy, six (6) copies;

(7) In cases before the Board of Optometry, six (6) copies;

(8) In cases before the Board of Pharmacy, eight (8) copies;

(9) In cases before the Board of Physical Therapy, six (6) copies;

(10) In cases before the Board of Podiatry, six (6) copies;

(11) In cases before the Board of Psychology, six (6) copies;

(12) In cases before the Board of Social Work, six (6) copies;

4107.6 A board may permit respondents to file a lesser number of copies of motions or other pleadings than the number required by § 4107.5.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4107

17 DCMR § 4108 SETTLEMENT CONFERENCES

4108.1 A board, in its discretion, may request a respondent against whom an action is proposed to attend a settlement conference.

4108.2 A board shall serve a request to attend a settlement conference in accordance with § 4105. The request shall state as follows:

(a) That, if the respondent desires to participate in a settlement conference, the respondent is required to notify the board within ten (10) days or such other reasonable period specified in the notice;

(b) That the respondent is entitled to be represented by an attorney;

(c) That the respondent is not required to attend the settlement conference; and

(d) That the respondent's failure to agree to attend a settlement conference will not be held against the respondent at a hearing based on the complaint.

4108.3 If a respondent agrees to attend a settlement conference, the board shall notify the respondent, the Director, and the Corporation Counsel, of the date, time, and place of the settlement conference.

4108.4 A board may designate a member of the Board, its counsel, or an employee of the Department to participate in a settlement conference on behalf of the board.

4108.5 The parties at a settlement conference may enter into a negotiated settlement or consent decree that is binding on all parties; Provided, that the settlement or consent decree is approved by the board.

4108.6 If the board accepts part, but not all, of the proposed negotiated settlement or consent decree, it may request the respondent to attend another settlement conference.

4108.7 A respondent who agrees to a negotiated settlement or consent decree that is approved by the board shall waive all of the respondent's rights of appeal or reconsideration under this subtitle or the Act.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4108

17 DCMR § 4109 CONDUCT OF HEARINGS

4109.1 All hearings before a board shall be opened to the public.

4109.2 At a hearing before a board, at least a majority of the members of the board shall be present to hear the evidence and render a decision.

4109.3 A respondent entitled to a hearing shall have the following rights:

(a) The right to be represented by an attorney in accordance with § 4106;

(b) The right to present all relevant evidence by means of witnesses and books, papers, and other documents;

(c) The right to examine all opposing witnesses on any matter relevant to the issues; and

(d) The right to have subpoenas issued to compel the attendance of witnesses and the production of relevant books, papers, and other documents upon making written request for subpoenas to the board.

4109.4 A board may, in its discretion, deny any motion for a continuance, and shall deny a motion for a continuance unless the motion meets the following requirements:

(a) In the opinion of the board, sets forth good cause for a continuance; and

(b) Is filed at least two (2) days (excluding Saturdays, Sundays, legal holidays, and days on which the Department is officially closed) before the date on which the hearing is to be held, except for extraordinary and unforeseen reasons, such as the sudden illness of a party or a party's counsel.

4109.5 Conflicting engagements of counsel, absence of counsel, or the employment of new counsel do not constitute good cause for a continuance of a hearing unless set forth in a motion filed promptly after notice of the hearing has been given.

4109.6 After a hearing, and within time limits established by a board, the parties may submit proposed findings of fact, conclusions of law, and order, and may also submit memoranda of law on issues of law arising during the hearing.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4109

17 DCMR § 4110 EVIDENCE AT THE HEARING

4110.1 All testimony at a hearing before a board shall be under oath or affirmation.

4110.2 If any part of the record in any other proceeding previously held before a board, or part of the record in any criminal or civil action (including hearings before an administrative agency) is offered in evidence, a certified true copy of that part shall be presented to the board in the form of an exhibit, unless either of the following requirements is satisfied:

(a) The record is specified in such manner as to be readily identified, and the person offering the record agrees to supply copies later or when required by the board; or

(b) There is a stipulation that the record may be incorporated by reference and the board directs that incorporation.

4110.3 A board shall exclude irrelevant, immaterial, and unduly repetitious evidence.

4110.4 A board may take official notice, at the request of a party or on its own motion, of the following:

(a) The law and rules of the District of Columbia, the United States, and any state of the United States;

(b) Material facts in the official files of a board or the Department or other District agency; or

(c) A fact which is not subject to reasonable dispute in that it is generally known within the District of Columbia or is capable of accurate and ready determination by resort to sources the accuracy of which cannot reasonably be questioned.

4110.5 If a board takes official notice of a material fact not appearing in the evidence in the record, a party shall be given an opportunity to show the contrary at the hearing or on motion made within five (5) days after the hearing.

4110.6 The parties may, by stipulation in writing filed with a board, agree on the facts or any portion thereof involved in a hearing. The parties may also stipulate the testimony that would be given by a witness if the witness were present. A board, in its discretion, may require additional evidence regarding any matter covered by a stipulation.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4110

17 DCMR § 4111 CONDUCT OF PARTIES AND COUNSEL AT THE HEARING

4111.1 All parties at a hearing shall maintain decorum and good order at all times, and a board may exclude or have removed from the hearing room any person violating any reasonable order of the chairperson of the board.

4111.2 A board may bar counsel from further participation in a hearing for disruptive conduct.

4111.3 If counsel has been barred from participating in a hearing, a board may proceed with the hearing if consistent with the due process rights of the parties. Otherwise, the board shall adjourn the hearing to give the party whose counsel has been barred an opportunity to secure new representation expeditiously.

4111.4 Counsel who has been barred from participating in a hearing may seek, and a board may grant, reinstatement to participate in the hearing on such terms as the board prescribes. The board shall not permit a reinstatement application to delay the proceedings.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4111

17 DCMR § 4112 SUBPOENAS

4112.1 A board shall issue subpoenas to compel witnesses to appear and testify or to produce books, records, papers, or documents on its own motion or upon the request of a party.

4112.2 A board shall issue subpoenas in the name of the Mayor of the District of Columbia. A subpoenaed witness, other than one employed by the District of Columbia Government, shall be entitled to a reasonable fee established by the Director, but the fee shall not be required to be paid in advance.

4112.3 Subpoenas issued by a board shall be enforceable in the manner prescribed in § 519(f)(3) of the Act, D.C. Official Code §2-3305.19(f)(3) (1987 Supp.).

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4112

17 DCMR § 4113 HEARINGS BY PANELS OF A BOARD

4113.1 A board may authorize a panel of no less than three (3) members of the board to conduct a hearing in any matter that the board is authorized to conduct a hearing under this chapter.

4113.2 The panel of the board shall have the powers and duties given to the board by this chapter and the Act, except the power to render a final decision.

4113.3 After hearing the evidence, the panel shall submit a recommended decision to the board. At the same time, the board shall serve the respondent with a copy of the decision and send a copy of the decision to the Corporation Counsel.

4113.4 A recommended decision of a panel shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based on the findings of fact and application of the laws; and

(c) A recommended order.

4113.5 A board may accept or reject the recommended decision of the panel in whole or in part.

4113.6 Except as provided in § 4113.7, a board, within sixty (60) days of the hearing, shall render a decision and notify the Director, the respondent and the Corporation Counsel of the action.

4113.7 If the decision of the board is adverse to the respondent and the panel that heard the case did not constitute a majority of the members of the board, the board, prior to issuing a final decision, shall serve the respondent with a copy of the decision and give the respondent an opportunity to file exceptions, and written argument in support thereof, with the board within ten (10) days of the date of service.

4113.8 A board shall consider any exceptions and argument filed by a respondent pursuant to § 4113.7 in issuing a final decision. If the respondent does not file exceptions within the required period, the proposed decision of the board shall become the final decision of the board.

4113.9 A board may, with the agreement of all parties, extend the sixty (60) day period in which it is required to render a decision pursuant to § 519(h) of Act, D.C. Official Code § 2-3305.19(h) (1987 Supp.).

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4113

17 DCMR § 4114 HEARINGS BY ADMINISTRATIVE LAW JUDGES

4114.1 A board may delegate its authority to conduct a hearing to an ALJ pursuant to § 103(c) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Official Code § 6-2703(c) (1987 Supp.), by notifying the Director in writing of the name of the case and the decision of the board to delegate its authority to conduct the hearing.

4114.2 The ALJ conducting a hearing has the powers and duties given to the board by this chapter and the Act, except the power to render a final decision.

4114.3 After hearing the evidence, an ALJ shall, within thirty (30) days of the hearing, submit a recommended decision to the board. At the same time, the ALJ shall serve the respondent with a copy of the decision and send a copy of the decision to the Corporation Counsel.

4114.4 A recommended decision of an ALJ shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based on the findings of fact and application of the laws; and

(c) A recommended order.

4114.5 A board may accept or reject the recommend decision of an ALJ in whole or in part.

4114.6 Except as provided in § 4114.7, a board, within thirty (30) days of the recommended decision of the ALJ, shall render a decision and notify the Director, the respondent, the ALJ, and the Corporation Counsel of the action.

4114.7 If the decision of the board is adverse to the respondent, the board, prior to issuing a final decision, shall serve the respondent with a copy of the decision and give the respondent an opportunity to file exceptions, and written argument in support thereof, with the board within ten (10) days of the date of service.

4114.8 A board shall consider any exceptions and argument filed by a respondent pursuant to § 4114.7 in issuing a final decision. If the respondent does not file exceptions within the required period, the proposed decision of the board shall become the final decision of the board.

4114.9 A board may, with the agreement of all parties, extend the sixty (60) day period in which it is required to render a decision pursuant to § 519(h) of Act, D.C. Official Code § 2-3305.19(h) (1987 Supp.).

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4114

17 DCMR § 4115 BURDEN OF PROOF

4115.1 In a hearing resulting from a proposed disciplinary action under § 4102.1, the District shall have the burden of proving by a preponderance of the evidence that the action should be taken.

4115.2 In a hearing resulting from a proposed action to deny a license, certificate, or registration under § 4102.3, the applicant shall have the burden of satisfying the board of the applicant's qualifications by a preponderance of the evidence.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4115

17 DCMR § 4116 RECORD OF A HEARING

4116.1 In all hearings conducted under this chapter, a board shall make a complete record of all evidence presented during the course of a hearing.

4116.2 A board shall make a transcript of a hearing on a proposed action specified in § 4102.1, unless the parties and the board agree not to have a transcript made.

4116.3 A board may make a transcript of a hearing on a proposed action specified in § 4102.3, and shall make a transcript upon written request of a party or made at least five (5) days prior to the hearing.

4116.4 If a board does not make a transcript of the hearing, it shall make an electronic recording of the hearing.

4116.5 A board shall provide a copy of an approved transcript or recording of a hearing to any person requesting it, upon payment of the required fee.

4116.6 A party may move to correct a transcript by filing a motion with a board within ten (10) days of receipt of the transcript. If no opposition to the motion is filed, the transcript may, upon approval by the board, be changed to reflect the corrections.

4116.7 In the event of disputes with respect to the record, a board shall settle the record and rule on all contested motions to correct the record.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4116

17 DCMR § 4117 DECISIONS OF A BOARD

4117.1 A board shall render a decision, in writing, no later than sixty (60) days after the day the hearing is completed.

4117.2 A decision of a board shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based upon the findings of fact and application of the laws;

(c) An order; and

(d) A statement informing the respondent of the right to have the decision reviewed by the District of Columbia Court of Appeals, and the time within which judicial review must be sought according to the rules of that Court.

4117.3 A board, in addition to taking other disciplinary action, may revoke the license of a health professional whose license has expired if the decision was based on conduct that occurred while the health professional was licensed.

4117.4 The chairperson of a board may sign an order, decision, or other document of the board on behalf of the board.

4117.5 Within five (5) days after the decision is rendered, a board shall serve a copy of the written decision upon the respondent, or the respondent's counsel of record, in accordance with § 4105.

4117.6 A board shall issue its findings of fact, conclusions of law, and order in writing except when it determines that the interests of the health, safety, or welfare of the public require that the findings of fact, conclusions of law, or order of the board be issued orally without delay.

4117.7 Oral findings of fact, conclusions of law, and an order issued in accordance with § 4117.6 shall be final and shall be recorded as final at the time they are communicated to the parties. Promptly thereafter, a board shall state its oral findings of fact, conclusions of law, and order in writing, and the chairperson shall sign the written decision and serve a copy on all parties or their attorneys of record.

4117.8 A board, on motion by a respondent, may, in its discretion, stay the imposition of an order pending appeal or reconsideration.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4117

17 DCMR § 4118 SUMMARY ACTION

4118.1 The Director shall serve a written notice of a summary suspension or restriction of a license of a health professional under § 515 of the Act, D.C. Official Code § 2-3305.15 (1987 Supp.), in accordance with § 4105.

4118.2 A notice issued under this section shall state the following:

(a) The action taken;

(b) The reasons for which the action was taken;

(c) That the action is effective upon service of the notice or at a time and date specified in the notice;

(d) That the respondent has a right to make a written request for a hearing before the Director within seventy-two (72) hours of the service of the notice, or such longer period stated in the notice;

(e) That the respondent's request for a hearing will not stay the action;

(f) That the respondent has a right to a hearing within seventy-two (72) hours of the Director's receipt of the respondent's request for a hearing;

(g) A description of a respondent's rights at a hearing as specified in § 4109.3; and

(h) The address to which the respondent's request for a hearing must be delivered or mailed.

4118.3 An action under this section shall take effect immediately upon service, unless the notice states that it takes effect at a later time, and remains in effect until superseded by a decision of the Director.

4118.4 A respondent who requests a hearing within seventy-two (72) hours of service of a notice of summary action, or such longer period stated in the notice, shall have a right to a hearing under this section.

4118.5 The Director shall hold a hearing on a summary action within seventy-two (72) hours of the Director's receipt of the respondent's request, unless the respondent agrees to a later hearing time.

4118.6 In conducting a hearing under this section, the Director shall have all of the powers and duties of a board under this chapter.

4118.7 In a hearing under this section, the District has the burden of proving by substantial evidence that the action was necessary to prevent imminent danger to the health or safety of the citizens of the District.

4118.8 The Director shall issue a decision within seventy-two (72) hours of a hearing under this section and shall serve the respondent or the respondent's counsel with the decision as soon thereafter as practicable.

4118.9 A decision of the Director under this section shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based upon the findings of fact and application of the laws;

(c) An order; and

(d) A statement informing the respondent of the right to have the decision reviewed by the District of Columbia Court of Appeals, and the time within which judicial review must be sought according to the rules of that Court.

4118.10 The Director shall notify the board that regulates the health profession of the respondent of the Director's decision at the same time that it notifies the respondent.

4118.11 An order of the Director under this section shall remain in effect until one (1) of the following occurs:

(a) The order expires under its own terms;

(b) The order is superseded by an order of a board under this section; or

(c) The order is reversed by the District of Columbia Court of Appeals.

4118.12 Within sixty (60) days after the Director notifies the board of a summary action, the board shall determine whether there is sufficient cause to propose a disciplinary action under § 4102.

4118.13 If a board determines that there is sufficient cause to propose a disciplinary action, the board shall take one (1) of the following actions:

(a) Set the matter for a hearing in accordance with § 4102; or

(b) Request that the respondent attend a settlement conference in accordance with § 4108.

4118.14 If a board determines that there is not sufficient cause to propose a disciplinary action, the board shall take one (1) of the following actions:

(a) Enter an order restoring the respondent's license or removing the restriction from the respondent's license which was imposed by the summary action; or

(b) Request that the Director undertake further investigation of the matter.

4118.15 An order of a board entered after its determination pursuant to §§ 4118.13 or 4118.14 supersedes an order of the Director to the extent that the order of the Director is inconsistent with the order of the board.

4118.16 If a board requests the Director to undertake further investigation pursuant of § 4118.14(b), the Director shall complete the investigation and report to the Board within sixty (60) days of the date of the request.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4118

17 DCMR § 4119 CEASE AND DESIST ORDERS

4119.1 A board or the Director shall serve a cease and desist order on a health professional issued under § 516 of the Act, D.C. Official Code § 2-3305.16 (1987 Supp.), in accordance with § 4105. The order shall take effect immediately upon service, unless the order states that it takes effect at a later time.

4119.2 An order issued under this section shall state the following:

(a) The action taken;

(b) The reasons for which the action was taken;

(c) That the action is effective upon service of the order or at a time and date specified in the order;

(d) That the respondent has a right to a hearing if the respondent requests a hearing in writing within fifteen (15) days of the service of the order;

(e) That the respondent has a right to an expedited hearing if the respondent requests an expedited hearing within ten (10) days of the service, and that such a request constitutes a waiver by the respondent of the right to fifteen (15) days’ notice under the Act;

(f) That the respondent's request for a hearing shall not stay the action;

(g) A description of a respondent's rights at a hearing as specified in § 4109.3; and

(h) The address to which the respondent's request must be delivered or mailed.

4119.3 If a respondent requests a hearing pursuant to § 516(b)(1) of the Act, D.C. Official Code § 2-3305.16(b)(1) (1987 Supp.), the board or, in the case of an order issued by the Director, an ALJ, shall hold a hearing no earlier than fifteen (15) days and no later than forty-five (45) days after the board or Director receives the request.

4119.4 If a respondent requests an expedited hearing pursuant to § 516(c)(1) of the Act, D.C. Official Code § 2-3305.16(c)(1) (1987 Supp.), the board or, in case of an order issued by the Director, an ALJ, shall hold a hearing no earlier than five (5) days and no later than ten (10) days after the board or Director receives the request. In this case the notice of the hearing shall be served on the respondent in accordance with § 4105 at least five (5) days prior to the hearing.

4119.5 A respondent may waive the respondent's right to a hearing within the time periods required by §§ 4119.3 and 4119.4.

4119.6 If a board renders a decision under this section, the decision shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based upon the findings of fact and application of the laws;

(c) An order; and

(d) A statement informing the respondent of the right to have the decision reviewed by the District of Columbia Court of Appeals, and the time within which judicial review must be sought according to the rules of that Court.

4119.7 If an ALJ conducts a hearing under this section, the ALJ shall have all the powers and duties of a board under this chapter.

4119.8 If an ALJ renders a decision under this section, the decision shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based upon the findings of fact and application of the laws;

(c) An order; and

(d) A statement informing the respondent of the right to have the decision reviewed by the board regulating the health occupation and the time within which this review must be sought as specified in § 4123.

4119.9 A board or an ALJ rendering a decision under this section shall serve the respondent or the respondent's counsel with a copy of the decision as soon as practicable. If an ALJ renders a decision, the ALJ shall notify the board regulating the health occupation of the decision at the same time the ALJ notifies the respondent.

4119.10 A respondent who is aggrieved by a decision of an ALJ under this section may appeal the decision to the board regulating the health occupation in accordance with § 4123.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4119

17 DCMR § 4120 PETITIONS FOR RECONSIDERATION

4120.1 A respondent or the Corporation Counsel may file a petition for reconsideration, rehearing, or reargument within ten (10) days after the date of the service of the decision on that party. The party filing a petition shall serve a copy of the petition on each party separately represented.

4120.2 Neither the filing nor the granting of a petition shall operate as a stay of a decision unless specifically ordered by a board. A stay shall be granted only upon good cause, which shall involve a consideration of the likelihood of board error, irreparable harm to the petitioning party, the harm to other parties, and the public interest.

4120.3 A petition shall state briefly and specifically the following:

(a) The matters of record or points of law alleged to have been erroneously decided or overlooked;

(b) The grounds relied upon; and

(c) The relief sought.

4120.4 If a petition is based in whole or in part on new matter, the matter shall be set forth in an affidavit, containing a statement that the petitioner could not with due diligence have known or have discovered the new matter prior to the hearing before the board.

4120.5 A board, in its discretion, may permit or require oral argument upon a petition before the board.

4120.6 A board shall grant or deny a petition within forty-five (45) days after the filing of the petition, but the failure by the board to act within that period shall be deemed a denial of the petition.

4120.7 A decision shall be in writing, and shall be signed by the chairperson. The chairperson shall serve copies of the decision on all parties or their counsels of record.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4120

17 DCMR § 4121 REOPENING A HEARING

4121.1 If, because of accident, sickness, or other good cause, a respondent fails to receive a notice of a hearing or fails to appear for a hearing, the respondent may, within fifteen (15) days from the date of service of the decision, apply to the board to reopen the hearing.

4121.2 If a board finds good cause to reopen a hearing, the board shall, as soon as practicable, fix a time and place for a hearing and give the respondent and the Corporation Counsel notice of the hearing.

4121.3 A board may also reopen a hearing for any other cause sufficient to it; Provided, that no appeal is pending before a court or has been decided by a court.

4121.4 A decision of a board to reopen a hearing shall be entirely within the discretion of the board and shall not be subject to review.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4121

17 DCMR § 4122 JUDICIAL REVIEW: RECORD ON APPEAL

4122.1 A party aggrieved by a decision of a board issued after a hearing may seek review of the decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act, D.C. Official Code §§1-1501 to 1-1511 (1981 ed. & 1987 Supp.).

4122.2 Upon receipt by a board of a notice of appeal, the chairperson shall promptly acknowledge receipt, advise the Director of that receipt, and request the Director to compile, index, and transmit to the board the originals or copies of all documents pertinent to the appeal, including the following:

(a) A copy of the decision or order from which an appeal is taken, together with any findings of fact and conclusions of law on which the decision or order is based;

(b) All documents relied on by the board, including any relevant documents timely submitted to the board by the respondent or by other parties to the hearing; and

(c) A transcript or summary of all testimony given or statements made during the course of any hearings, conferences, or investigations concerning the matter in dispute, conducted by the board prior to the filing of the notice of appeal.

4122.3 The Director shall provide to all parties to the appeal a copy of the Director's index of the record on appeal.

4122.4 The record may be shortened if, with permission of the court, all parties to the review proceedings so stipulate.

4122.5 The documents transmitted pursuant to this section, and any supplements to the documents, shall be available for inspection by the parties at a location designated by the Director.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872, 5894 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4122

17 DCMR § 4123 ADMINISTRATIVE APPEALS TO A BOARD OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE

4123.1 This section shall apply to appeals from decisions of ALJ's under this chapter by the following persons:

(a) Persons found by an ALJ to have committed an infraction involving a violation of this subtitle, the Act, or any other act regulating health professionals pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, (D.C. Law 6-42; D.C. Official Code § 2-1801.01 (2001 ed.));

(b) Persons against whom a cease and desist order has been entered pursuant to § 516 of the Act, D.C. Official Code § 3-1205.16 (2001 ed.); and

(c) Any party aggrieved by an order of an ALJ issued pursuant to D.C. Official Code § 2- 1831.16(b).

4123.2 A notice of appeal from a decision issued by an ALJ shall be sent to the address stated in the decision and shall be delivered or postmarked within fifteen (15) days from the date of service of the final decision.

4123.3 A notice of appeal of a decision shall include the following information:

(a) That an appeal is taken;

(b) A copy or identification of the final decision from which the appeal is taken;

(c) A concise statement indicating why the respondent believes the final decision is in error;

(d) The full name, street address, and telephone number of the respondent and the respondent's counsel, if any; and

(e) The signature of the respondent or the respondent's counsel.

4123.4 Upon receipt of a notice of appeal, the Director shall promptly acknowledge receipt and compile and index documents pertinent to the appeal, including the following:

(a) A copy of the decision or order from which the appeal is taken, together with any findings of fact and conclusions of law on which the decision or order is based;

(b) All documents relied on by an ALJ, including any relevant documents timely submitted to the ALJ by a respondent or by other parties to the proceedings; and

(c) A transcript or summary of all testimony given or statements made during the course of any proceedings, conferences, or investigations concerning the matter in dispute, conducted by the ALJ prior to the filing of the notice of appeal.

4123.5 The Director shall transmit the notice of appeal and the documents described in §§ 4123.4(a) and (b) to the board within ten (10) days of the Director's receipt of the notice of appeal. The Director shall transmit the transcript or summary described in § 4123.4(c) as soon as practicable after the transcript or summary is completed.

4123.6 The Director shall send the respondent and the Corporation Counsel a copy of the Director's index of the record on appeal.

4123.7 The documents transmitted pursuant to this section, and any supplements to the documents, shall be available for inspection by the parties at a location designated by the Director.

4123.8 The record may be shortened if, with permission of the board, all parties to the review proceedings so stipulate.

4123.9 The Director, on motion of a party, or on the Director's own motion, may require or permit a party to supplement the documents transmitted pursuant to this section.

4123.10 A board, in its discretion, may permit the parties to appear before it and present oral argument before the board in accordance with such limitations as to time of argument or other restrictions as the board may prescribe.

4123.11 The board acting pursuant to this section may affirm, modify, vacate, set aside, or reverse any order or decision of an ALJ.

4123.12 A board may hold unlawful and set aside any order or decision or findings and conclusions of law of an ALJ that it finds to be as follows:

(a) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(b) In excess of statutory authority or authority under this chapter;

(c) Without observance of procedures provided by statute or this chapter; or

(d) Unsupported by a preponderance of the evidence in the record of the hearing.

4123.13 A party may petition a board to reconsider its decision in accordance with § 4120.

4123.14 A party aggrieved by a final decision of a board may seek review of the decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act, D.C. Official Code §§ 2-501 to D.C. Official Code § 2-511 (2001 ed.).

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987); as amended by Final Rulemaking published at 54 DCR 522 (January 19, 2007). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4123

17 DCMR § 4124 COMPUTATION OF TIME

4124.1 In computing any period of time specified in this chapter, the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is a Saturday, Sunday, legal holiday, or day on which the Department is officially closed, in which event the time period shall continue until the next day that is not a Saturday, Sunday, legal holiday, or day on which the Department is officially closed.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4124

17 DCMR § 4199 DEFINITIONS

4199.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act - the District of Columbia Health Occupations Revisions Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 2-3301.1 to 2-3312.1 (1987 Supp.)).

Address of record – a physical residential or business address provided for the record of licensure, registration, or certification pursuant to § 505(c) of the Act, D.C. Official Code § 3-1205.05(c); except, that in the case of email service, the address of record is the last email address provided by an applicant for license, registration, or certification, or by a licensed health professional.

Administrative Law Judge (ALJ) - a hearing examiner authorized to hear cases pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Official Code §§ 6-2701 to 6-2723 (1987 Supp.).

Board - the Board of Chiropractic, Board of Dentistry, Board of Dietetics and Nutrition, Board of Marriage and Family Therapy, Board of Massage Therapy, Board of Medicine, Board of Nursing, Board of Long-Term Care Administration, Board of Occupational Therapy, Board of Optometry, Board of Pharmacy, Board of Physical Therapy, Board of Podiatry, Board of Professional Counseling, Board of Psychology, Board of Respiratory Care, Board of Social Work, or Board of Veterinary Medicine, established by the Act, as the context requires.

Certificate - a certificate to practice a specialty of a health occupation issued by a board pursuant to this subtitle or the Act.

Chairperson - the chairperson of a health occupation board designated by the Mayor pursuant of § 405(c) of the Act, D.C. Official Code § 2-3304.5(c) (1987 Supp.), or a person designated by the board to preside at a hearing or act in place of the chairperson.

Day - a calendar day.

Department - the Department of Consumer and Regulatory Affairs.

Director - the Director of the Department of Consumer and Regulatory Affairs, or the Director's designee.

Health professional - a person who holds a license, certificate, or registration issued under the authority of this subtitle or the Act.

Legal holiday - one of the following holidays:

(a) New Year’s Day:

(b) Martin Luther King, Jr.'s Birthday;

(c) Washington's Birthday;

(d) Memorial Day;

(e) Independence Day;

(f) Labor Day;

(g) Columbus Day;

(h) Veterans Day;

(i) Thanksgiving Day;

(j) Christmas Day; or

(k) Any other day designated as a legal holiday by the President, the Congress, the Mayor or the Council of the District of Columbia, on the actual day the legal holiday is celebrated by the government of the District of Columbia.

License - a license to practice a health occupation issued pursuant to this subtitle or the Act.

Registration - a registration required to practice a health occupation issued pursuant to this subtitle or the Act.

Respondent - a person against whom an adverse action is contemplated, proposed, or taken.

History

• SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987); as amended by Final Rulemaking published at 68 DCR 7717 (August 6, 2021); as amended by Final Rulemaking published at 73 DCR 010853 (July 31, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4199

17-42 DENTISTRY

17 DCMR § 4200 GENERAL PROVISIONS

4200.1 This chapter shall apply to applicants for and holders of a license to practice dentistry.

4200.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 43 (Dental Hygiene) of this title shall supplement this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is § 302(14) of the District of Columbia Health Occupations Revision Act of 1985, D.C. Law 6-99, D.C. Code § 2-3303.2(14) (1988 Repl. Vol.), 33 DCR 729, 732 (February 7, 1986), and Mayor's Order 86-110, 33 DCR 5220 (August 22, 1986).
• SOURCE: Final Rulemaking published at 35 DCR 927 (February 12, 1988).

17 DCMR § 4201 TERM OF LICENSE

4201.1 Subject to § 4201.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31 of each odd-numbered year.

4201.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 927 (February 12, 1988).

17 DCMR § 4202 EDUCATIONAL REQUIREMENTS

4202.1 All applicants without exception shall furnish proof satisfactory to the Board that the applicant has:

(a) Successfully completed an educational program in the practice of dentistry at an institution recognized by the Commission on Dental Accreditation of the American Dental Association (ADA) at the time the applicant graduated in accordance with § 504(d) of the Act, D.C. Official Code § 3-1205.04(d) (1985); and

(b) Received a U.S., including U.S. territories, or Canadian issued Doctor of Dental Surgery (DDS) or Doctor of Dental Medicine (DMD) degree.

4202.2 An applicant shall submit an official certificate of graduation in a sealed envelope from the educational institution to the Board with the completed application.

4202.3 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 35 DCR 927, 928 (February 12, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2748 (May 4, 1990); as amended by Final Rulemaking published at 52 DCR 10680 (December 9, 2005).

17 DCMR § 4203 DENTISTS LICENSED IN OTHER STATES

4203.1 A dentist shall not be qualified to apply for initial licensure, reinstatement or renewal of licensure to practice in the District of Columbia if any dental license(s) he or she holds, or has ever held, in another state or jurisdiction(s) is revoked or suspended or otherwise not in good standing as determined by the Board, until such time as the dental license(s) is restored to good standing in the jurisdiction(s) where the disciplinary action(s) took place.

History

• SOURCE: Final Rulemaking published at 35 DCR 927, 928 (February 12, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2748 (May 4, 1990); as amended by Final Rulemaking published at 51 DCR 3272 (March 26, 2004); as amended by Final Rulemaking published at 52 DCR 10680 (December 9, 2005); as amended by Final Rulemaking published at 54 DCR 3449 (April 20, 2007).

17 DCMR § 4204 LICENSURE BY EXAMINATION

4204.1 To qualify for a license by examination, an applicant shall:

(a) Meet the education requirements set forth under § 4202 of this chapter; and

(b) Receive a passing score on the following:

(1) The National Dental Examination;

(2) The American Board of Dental Examiners (ADEX) Examination, which may be a patient-based or nonpatient-based examination, and which may, but is not required to, include a periodontal examination; and

(3) The District of Columbia Dental Law Examination.

4204.2 To apply for a license by examination, an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

(1) The applicant's social security number on the application; and

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2") which clearly expose the area from the top of the forehead to the bottom of the chin.

(b) Submit an official certificate of graduation in a sealed envelope from the educational institution(s) to the Board, which shall verify that the applicant meets the educational requirements set forth under § 4202 of this chapter;

(c) Submit the applicant’s examination results, which have been certified or validated by the NERB or the ADEX, whichever is applicable, and the Joint Commission of National Dental Examiners;

(d) Pass the District of Columbia Dental Law Examination; and

(e) Pay all required fees.

4204.3 The passing scores on the examination shall be those established by the Joint Commission on National Dental Examinations and NERB or ADEX on each test that forms a part of the examination.

4204.4 An applicant who has successfully completed the NERB or the ADEX examination ten (10) or more years prior to the date of receipt by the Board of the application for licensure shall be required to retake the NERB or ADEX examination, unless the applicant is applying for licensure by endorsement pursuant to § 4209 of this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 927, 929 (February 12, 1988); as amended by Final Rulemaking published at 37 DCR 2747 (May 4, 1990); as amended by Final Rulemaking published at 52 DCR 10681 (December 9, 2005); as amended by Final Rulemaking published at 59 DCR 8527 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 16841 (December 13, 2013); as amended by Final Rulemaking published at 68 DCR 3285 (March 26, 2021).

17 DCMR § 4205 DISTRICT OF COLUMBIA DENTAL LAW EXAMINATION

4205.1 To qualify for a license under this chapter, all applicants without exception shall receive a passing score on a written examination developed by the Board on laws and rules pertaining to the practice of dentistry (the District of Columbia Dental Law Examination).

4205.2 Repealed.

4205.3 The District of Columbia Dental Law Examination may consist of questions on general District laws pertaining to dentistry and dental hygiene including the Act, this chapter, and chapters 40, 41, and 43 of this title.

History

• SOURCE: Final Rulemaking published at 35 DCR 927, 929 (February 12, 1988); as amended by Final Rulemaking published at 52 DCR 10682 (December 9, 2005).

17 DCMR § 4206 CONTINUING EDUCATION REQUIREMENTS

4206.1 This section shall apply to applicants for the renewal, reactivation, or reinstatement of a license, subject to § 4206.2, beginning with the licensure period ending December 31, 2019, and for subsequent terms.

4206.2 This section shall not apply to applicants for an initial license by examination or endorsement, nor does it apply to applicants for the first renewal of a license granted by examination.

4206.3 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 4207.

4206.4 For the licensure period ending December 31, 2019, an applicant for renewal of a license shall submit proof pursuant to § 4206.13 of having completed thirty (30) hours of credit within the two-year (2) period preceding the date the license expires, which shall include at least:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

Two (2) hours of ethics in approved continuing education programs; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)).

4206.5 Beginning with the licensure period ending December 31, 2021, an applicant for renewal of a license shall submit proof pursuant to § 4206.13 of having completed thirty (30) hours of credit within the two-year (2) period preceding the date the license expires, which shall include at least:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

One (1) hour of ethics in approved continuing education programs;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

4206.6 For the licensure period ending December 31, 2019 and subsequent terms, each applicant for renewal, reactivation, or reinstatement of a license who is permitted by the Drug Enforcement Agency and the District of Columbia Pharmaceutical Control Division to prescribe controlled substances in the District shall complete two (2) hours of continuing education in the abuse and misuse of controlled substances, and in opioid prescription practices. This continuing education shall be as part of the continuing education hours required under Subsection 4206.4 and 4206.5 of this chapter.

4206.7 Beginning with the licensure period ending December 31, 2021, the continuing education requirements set forth in this chapter for renewal, reinstatement, or reactivation of a license may be satisfied through approved internet continuing education courses.

4206.8 Beginning with the licensure period ending December 31, 2021, approved internet courses and programs may be used to satisfy the continuing education CPR certification requirement, and basic life support (BLS), pediatric advanced life support (PALS), and advanced cardiac life support (ACLS) requirements.

4206.9 For the licensure period ending December 31, 2019, to qualify for a license, a person in inactive status pursuant to Section 511 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.11)), who submits an application to reactivate a license shall submit proof pursuant to § 4206.13 of having completed thirty (30) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reactivation of that applicant’s license and an additional fifteen (15) hours of approved continuing education credit for each additional year that the applicant was inactive status beginning with the third year, which shall include at least:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

Two (2) hours of ethics in approved continuing education programs; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)).

4206.10 Beginning with the licensure period ending December 31, 2021, to qualify for a license, a person in inactive status within the meaning of pursuant to section 511 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.11), who submits an application to reactivate a license shall submit proof pursuant to § 4206.13 of having completed thirty (30) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reactivation of that applicant’s license and an additional fifteen (15) hours of approved continuing education credit for each additional year that the applicant was inactive status beginning with the third year, which shall include at least:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

One (1) hour of ethics in approved continuing education programs;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

4206.11 For the licensure period ending December 31, 2019, to qualify for a license, an applicant for reinstatement of a license shall submit proof pursuant to § 4206.13 of having completed thirty (30) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reinstatement of the applicant’s license and an additional twelve (12) hours of approved continuing education credit for each additional year that the license was expired beginning with the third year, which shall include at least:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

Two (2) hours of ethics in approved continuing education programs; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)).

4206.12 Beginning with the licensure period ending December 31, 2021, to qualify for a license, an applicant for reinstatement of a license shall submit proof pursuant to § 4206.13 of having completed thirty (30) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reinstatement of the applicant’s license and an additional fifteen (15) hours of approved continuing education credit for each additional year that the license was expired beginning with the third year, which shall include at least:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

One (1) hour of ethics in approved continuing education programs;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

4206.13 An applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion, by signature or stamp.

4206.14 An applicant for renewal of a license who fails to submit proof of having completed continuing education requirements by the date the license expires may renew the license up to sixty (60) days after expiration by submitting this proof pursuant to § 4206.13 and by paying the required additional late fee.

4206.15 Upon submitting proof of having completed continuing education requirements and paying the late fee, the applicant shall be deemed to have possessed a valid license during the period between the expiration of the license and the submission of the required documentation and payment of the late fee.

4206.16 If an applicant for renewal of a license fails to submit proof of completion of continuing education requirements or pay the late fee within sixty (60) days after the expiration of applicant's license, the license shall be considered to have lapsed on the date of expiration.

4206.17 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew after expiration if the applicant’s failure to submit proof of completion was for good cause. As used in this section, “good cause” includes the following:

(a) Serious and protracted illness of the applicant; and

(b) The death or serious and protracted illness of a member of the applicant’s immediate family.

4206.18 Unless otherwise specifically stated in this chapter, the Board shall not grant continuing education credits for:

(a) Work done in the course of an applicant’s normal occupation or incident to the performance of his or her regular professional duties, such as teaching didactic courses, research, or course preparation in the case of a teacher or professor;

(b) Meetings and activities not related to the administrative or clinical practice of dentistry; or

(c) Other activities, which are not of the type of activities approved by the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 927, 929 (February 12, 1988); as amended by Final Rulemaking published at 52 DCR 10680 (December 9, 2005); as amended by Final Rulemaking published at 53 DCR 4450 (June 2, 2006); as amended by Final Rulemaking published at 56 DCR 293 (January 9, 2009); as amended by Final Rulemaking published at 65 DCR 9734 (September 21, 2018); as amended by Final Rulemaking published at 67 DCR 2204 (February 28, 2020); as amended by Final Rulemaking published at 68 DCR 3285 (March 26, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4206

17 DCMR § 4207 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

4207.1 The Board, in its discretion, may approve continuing education programs and activities that contribute to the growth of an applicant in professional competence in the practice of dentistry and which meet the other requirements of this section.

4207.2 The Board may approve the following types of continuing education programs, if the program meets the requirements of § 4207.3:

(a) An undergraduate or graduate course given at an accredited college or university;

(b) A seminar or workshop;

(c) An educational program given at a conference or convention; and

(d) In-service training.

4207.3 To qualify for approval by the Board, a continuing education program shall do the following:

(a) Be current in its subject matter;

(b) Be developed and taught by qualified individuals; and

(c) Meet one of the following requirements:

(1) Be administered or approved by a recognized national, state, or local dentistry organization; health care organization; accredited health care facility; or an accredited college or university; or

(2) Be submitted by the program sponsors to the Board for review no less than sixty (60) days prior to the date of the presentation and be approved by the Board.

4207.4 Continuing education credit will not be awarded for programs that do not relate to the theory or clinical application of theory pertaining to the practice of dentistry including but not limited to:

Courses pertaining to business communications and operations;

Courses solely pertaining to medical/dental coding terminology;

Courses pertaining to personal self-improvement, financial gain, or career options;

Courses designed for lay persons;

Providing instruction to persons who are not licensed, registered, certified, or students in the field of dentistry, dental hygiene, or dental assisting, or for conducting research, or publications, or any preparation for same;

On-the-job training;

Orientation programs or staff meetings, including orientation to new policies, non-therapeutic procedures, equipment, forms, responsibilities, services, etc;

Presentations made by students; or

Participation in or attendance at, not as a presenter, case conferences, grand rounds, or informal presentations.

4207.5 The Board may issue and update a list of approved continuing education programs.

4207.6 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

4207.7 The Board may approve the following continuing education activities by an applicant:

(a) Serving as an instructor or speaker at a conference, seminar, workshop, or inservice training;

(b) Publication of an article in a professional journal or publication of a book or a chapter in a book or publication of a book review in a professional journal or bulletin;

(c) Serving as a clinical instructor for students of dentistry or dental residents; and

(d) Participation in research as a principal investigator or research assistant.

History

• SOURCE: Final Rulemaking published at 35 DCR 927, 931 (February 12, 1988); as amended by Final Rulemaking published at 53 DCR 4452 (June 2, 2006); as amended by Final Rulemaking published at 65 DCR 9734 (September 21, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4207

17 DCMR § 4208 CONTINUING EDUCATION CREDITS

4208.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

4208.2 For approved undergraduate or graduate courses, each semester hour of credit shall constitute fifteen (15) hours of continuing education credit, and each quarter hour of credit shall constitute ten (10) hours of continuing education credit.

4208.3 The Board may grant a maximum of thirteen (13) continuing education credits per year to an applicant who attends a full time post-graduate education program.

4208.4 The Board may grant credit to an applicant who serves as an instructor or speaker at an acceptable program for both preparation and presentation time, subject to the following restrictions:

(a) The maximum amount of credit which may be granted for preparation time is twice the amount of the associated presentation time;

(b) The maximum amount of credit which may be granted pursuant to this subsection is fifty percent (50%) of an applicant's continuing education requirement; and

(c) The presentation shall have been completed during the period for which credit is claimed.

4208.5 The Board may grant an applicant who is an author or editor of a published book twenty-five (25) continuing education credits, if the book has been published or accepted for publication during the period for which credit is claimed, and the applicant submits proof of this fact in the application.

4208.6 The Board may grant an applicant who is an author of a published original paper five (5) continuing education credits, subject to the same restrictions set forth for books in § 4208.5.

4208.7 The Board may grant an applicant who is the sole author of a published book review, review paper, or abstract, two (2) continuing education credits, subject to the same restrictions set forth for books in § 4208.5.

History

• SOURCE: Final Rulemaking published at 35 DCR 927, 933 (February 12, 1988); as amended by Final Rulemaking published at 53 DCR 4452 (June 2, 2006).

17 DCMR § 4209 LICENSURE BY ENDORSEMENT

4209.1 An applicant is eligible to apply for licensure by endorsement in the District of Columbia if the applicant:

(a) Meets the education requirements set forth under § 4202 of this chapter;

(b) Has successfully completed Part I and Part II of the examination of the Joint Commission on National Dental Examinations;

(c) Is currently licensed, in good standing, to practice dentistry in another state of the United States; and

(d) Has passed the NERB or ADEX examination, which shall include a passing score on the Periodontal Examination;

(e) Has passed a regional board examination, other than the NERB examination, and meets the active practice requirements set forth in § 4209.3(f) of this chapter; or

(f) Has passed a state dental examination determined by the Board to be substantially equivalent, and meets the active practice requirements set forth in § 4209.3(f) of this chapter.

4209.2 An applicant holding an active license to practice dentistry in any other state, who has passed the NERB examination or the ADEX examination, shall apply for licensure by endorsement as follows:

(a) Submit a completed application to the Board on the required forms and include:

(1) The applicant's social security number on the application; and

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2'' x 2") which clearly expose the area from the top of the forehead to the bottom of the chin.

(b) Submit a copy of his or her current license with the application;

(c) Obtain verification from each state in which the applicant holds or has ever held a professional health occupation license, that the license is current and in good standing, or if the license is no longer active, that it was in good standing immediately prior to its expiration. The licensure verification form must be sent directly to the Board, by the verifying Board;

(d) Submit a copy of the applicant’s NERB or ADEX examination results, which have been certified or validated by the NERB or ADEX;

(e) Submit the applicant's examination results which have been certified or validated by the Joint Commission of National Dental Examinations;

(f) Pass the District of Columbia Dental Law Examination; and

(g) Pay all required fees.

4209.3 An applicant holding an active license to practice dentistry in any other state, who has passed a regional board examination other than the NERB or ADEX examination, shall apply for licensure by endorsement as follows:

(a) Submit a completed application to the Board on the required forms and include:

(1) The applicant's social security number on the application; and (2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2") which clearly expose the area from the top of the forehead to the bottom of the chin.

(b) Submit a copy of his or her current license with the application;

(c) Obtain verification from each state in which the applicant holds or has ever held a professional health occupation license, that the license is current and in good standing, or if the license is no longer active, that it was in good standing immediately prior to its expiration. The licensure verification form must be sent directly to the Board, by the verifying Board;

(d) Submit the applicant's regional board examination results, which have been certified or validated by the regional board;

(e) Submit the applicant's examination results, which have been certified or validated by the Joint Commission of National Dental Examinations;

(f) Submit evidence satisfactory to the Board establishing that the applicant has been actively engaged in the practice of dentistry, in another U.S. state, in good standing, for the five (5) years immediately preceding the application, and has at least eight hundred and fifty (850) hours of active dental practice. The practice of dentistry in the armed forces, state and federal programs, and intern and residency programs may be counted toward the required hours of active practice;

(g) Pass the District of Columbia Dental Law Examination; and

(h) Pay all required fees.

4209.4 In addition to the requirements set forth in this section, the Board may, in its discretion, require an applicant for licensure by endorsement to take and successfully complete a competency examination, or any portion thereof deemed necessary by the Board, as a prerequisite to licensure if the applicant's licensure in any state was ever denied, revoked, or suspended for incompetency or inability to practice in a safe manner.

4209.5 An application that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned, and closed by the Board. The applicant shall thereafter be required to reapply, submit the required documents and completed forms, and pay the required fees.

4209.6 Nothing is this section shall be construed to prohibit the Board from utilizing other authorized databases to verify an applicant's current licensure standing in other jurisdictions of the U.S. or to review disciplinary records.

History

• SOURCE: Final Rulemaking published at 35 DCR 927, 934 (February 12, 1988); as amended by Final Rulemaking published at 52 DCR 10682 (December 9, 2005); Final Rulemaking published at 53 DCR 4452 (June 2, 2006); as amended by Final Rulemaking published at 59 DCR 8527, 8528 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 16841 (December 13, 2013).

17 DCMR § 4210 [RESERVED]

17 DCMR § 4211 [RESERVED]

17 DCMR § 4212 REQUIREMENTS FOR ADMINISTRATION OF ANESTHESIA

A dentist shall not administer anesthesia or sedation unless the dentist has obtained certification from the Board to do so pursuant to the requirements and processes set forth in Chapter 107 (Dentist and Dental Facility Certification To Administer Sedation or General Anesthesia) of Title 17 of the District of Columbia Municipal Regulations.

4212.2 To be qualified to administer nitrous oxide alone, or nitrous oxide in combination with a single oral drug, a dentist shall have met the following requirements prior to administering nitrous oxide:

Hold an active license to practice dentistry in the District of Columbia in good standing;

Maintain current certification in cardiopulmonary resuscitation for health care providers as evidenced by a certificate; and

Maintain current DEA (Drug Enforcement Agency) and District of Columbia controlled substance registrations.

A dentist who administers local anesthesia or nitrous oxide shall report to the Board any death, substantially disabling incident, or hospitalization caused by the administration of local anesthesia or nitrous oxide by the dentist or a dental hygienist authorized by the Board of Dentistry to administer local anesthesia and nitrous oxide acting under his or her supervision, within seventy-two (72) hours after the occurrence.

History

• SOURCE: Final Rulemaking published at 35 DCR 927, 934 (February 12, 1988); as amended by Final Rulemaking published at 54 DCR 3450 (April 20, 2007); as amended by Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4212

17 DCMR § 4213 STANDARDS OF CONDUCT

4213.1 A dentist shall not accept or perform professional responsibilities which the dentist knows or has reason to know that the dentist is not competent to perform.

4213.2 A dentist shall not abandon or neglect a patient under and in need of immediate professional care, without making reasonable recommendations for the continuation of such care.

4213.3 A dentist shall not willfully harass, abuse, or intimidate a patient either physically or verbally.

4213.4 A dentist shall maintain a record for each patient which shall:

(a) Accurately reflect the evaluation and treatment of the patient and which may include the following:

(1) Patient's name and the date of treatment;

(2) Updated health history;

(3) Treatment plan;

(4) Informed consent document(s);

(5) Clinical findings, diagnosis and treatment rendered;

(6) List of drugs prescribed, administered, dispensed and the quantity;

(7) Radiographs;

(8) Patient financial/billing records;

(9) Name of dentist and/or dental hygienist providing service(s); and

(10) Laboratory work orders; and

(b) Be kept for three (3) years after last seeing the patient or three (3) years after a minor patient reaches eighteen (18) years of age.

4213.5 Upon request of a patient or the patient's representative, a dentist shall make available to the patient or the patient's representative a copy of the patient's record in accordance with the following:

(a) A dentist shall provide to a patient or the patient's representative a copy of the patient's record within thirty (30) days of the request; and

(b) A dentist may charge a reasonable fee for duplicating records and the fee may be required prior to providing the records in non-emergency situations, but a dentist shall not refuse to provide the records on the basis of the patient owing payment for dental services.

4213.6 A dentist shall respect a patient's rights to self-determination and treat the patient according to the patient's desires, within the bounds of accepted treatment.

4213.7 A dentist shall inform a patient of the proposed treatment, and any reasonable alternatives, in a manner that allows the patient to become involved in treatment decisions.

4213.8 A dentist shall protect the confidentiality of patient records and maintain patient records in a manner consistent with the protection of the welfare of the patient and all applicable District of Columbia and federal laws.

4213.9 A dentist shall make every effort to refrain from harming the patient.

4213.10 A dentist shall keep his or her knowledge of dentistry and skills current while he or she is engaging in clinical practice of dentistry.

4213.11 A dentist shall know his or her own limitations and shall refer a patient to a specialist or other health care professional whenever the welfare of a patient will be safeguarded or advanced by utilizing those who have special skills, knowledge, and experience.

4213.12 A dentist shall seek consultation with a specialist or other health care professional, if possible, whenever it would be in the patient's best interest.

4213.13 When patients visit or are referred to specialists or consulting dentists for consultation:

(a) The specialists or consulting dentists shall, upon completion of their care, return the patient, unless the patient expressly reveals a different preference, to the referring dentist or, if none, to the dentist of record for future care; and

(b) When there is no referring dentist, the specialists shall upon completion of their treatment, inform the patient when there is a need for further dental care.

4213.14 A dentist who is called upon to render a second opinion regarding a diagnosis or treatment plan recommended by a patient's treating dentist, shall not have a vested interest in that recommendation.

4213.15 A dentist shall know when and under what circumstances delegation of patient care to auxiliaries is appropriate.

4213.16 A dentist shall only assign to qualified auxiliaries those duties which can be legally delegated.

4213.17 A dentist shall prescribe and supervise the patient care provided by all auxiliary personnel working under his or her direction.

4213.18 A dentist shall not practice dentistry while abusing or using controlled substances, alcohol, or any other chemical agents, which impair the ability to practice.

4213.19 A dentist shall urge chemically impaired colleagues to seek treatment, if possible.

4213.20 A dentist with first-hand knowledge that a colleague is practicing dentistry when impaired by controlled substances, alcohol, or any other chemical agents shall report such evidence to the professional assistance committee of a dental society or the Board of Dentistry.

4213.21 A dentist or auxiliary who contracts any disease, has a mental or physical impairment which affects his or her ability to safely practice, or becomes impaired in any way that might endanger patients or dental staff shall, with consultation and advice from a qualified physician or other authority, limit the activities of his or her practice to those areas that do not endanger patients or dental staff.

4213.22 A dentist who has been advised to limit the activities of his or her dental practice shall monitor the disease or impairment and make additional limitations to the activities of his or her dental practice as indicated.

4213.23 A dentist, regardless of his or her bloodborne pathogen status, shall immediately inform any patient who may have been exposed to blood or other potentially infectious material in the dental office of the need for post-exposure evaluation and follow-up and shall immediately refer the patient to a qualified health care practitioner who can provide post-exposure services.

4213.24 In the event of an exposure incident as discussed in § 4213.23, a dentist shall provide information concerning his or her own bloodborne pathogen status to the evaluating health care practitioner, if the dentist is the source of the possible exposure, and submit to testing that will assist in the evaluation of the patient. If a staff member or other third person not regulated by the District of Columbia Board of Dentistry is the source of the possible exposure, the dentist shall encourage that person to cooperate as needed for the patient's evaluation.

4213.25 Once a dentist has undertaken a course of treatment to provide services to a patient, the dentist shall not discontinue that treatment without first giving the patient adequate notice and the opportunity to obtain the services of another dentist and ensuring that the patient's oral health will not be jeopardized in the process.

4213.26 A dentist shall not engage in interpersonal relationships with patients that could impair his or her professional judgment or risk the possibility of exploiting the confidence placed in him or her by a patient.

4213.27 A dentist shall provide competent and timely delivery of dental care.

4213.28 A dentist shall conduct himself or herself in a professional manner.

4213.29 A dentist shall make the results and benefits of his or her research and development investigative efforts available to all when such are useful in safeguarding or promoting the health of the public.

4213.30 A dentist shall not use patents or copyrights to restrict research or practice.

4213.31 A dentist shall become familiar with the signs of abuse and neglect and report suspected cases to the proper authorities consistent with District of Columbia and federal laws.

4213.32 While dentists, in serving the public, may exercise reasonable discretion in selecting patients for their practices, a dentist shall not refuse to accept patients into their practice or deny dental service to patients because of the patient's race, creed, color, sex, national origin, or sexual preference.

4213.33 A dentist shall not refuse to provide treatment to an individual based solely on the fact that the individual is infected with Human Immunodeficiency Virus, Hepatitis B Virus, Hepatitis C Virus, or another bloodborne pathogen.

4213.34 A dentist shall make reasonable arrangements for the emergency care of his or her patients of record.

4213.35 A dentist shall, when consulted in an emergency by patients with whom he does not have an established patient-practitioner relationship, make reasonable arrangements for their emergency care. If treatment is provided, the dentist, upon completion of treatment, shall return the patient to his or her regular dentist unless the patient expressly reveals a different preference.

4213.36 A dentist shall report to the District of Columbia Board of Dentistry known instances of gross or continual faulty treatment by other dentists.

4213.37 A dentist shall inform patients of their present oral health status without making disparaging comments about prior services.

4213.38 When informing a patient of the status of his or her oral health, a dentist shall make comments that are truthful, informed and justifiable.

4213.39 A dentist issuing a public statement with respect to the profession shall believe as well as have a reasonable basis to believe that the comments made are true.

4213.40 A dentist may provide expert testimony when that testimony is essential to a just and fair disposition of a judicial or administrative action.

4213.41 A dentist shall not agree to a fee contingent upon the favorable outcome of the litigation in exchange for testifying as a dental expert.

4213.42 A dentist shall not accept or tender rebates or split fees.

4213.43 A dentist shall not represent the care being rendered, or that is needed, to a patient in a false or misleading manner.

4213.44 A dentist shall not remove amalgam restorations containing mercury from patients who are not allergic to mercury for the alleged purpose of removing toxic substances from the body, when such treatment is performed solely at the recommendation or suggestion of the dentist.

4213.45 A dentist shall not remove sound or serviceable amalgam restorations containing mercury, at the request of a patient who is not allergic to mercury, without first obtaining appropriate informed consent from the patient, which includes but is not limited to advising the patient that:

(a) The National Institutes of Health has determined that there are no verifiable systemic health benefits resulting from the removal of mercury amalgam restorations; and

(b) The removal of sound or serviceable mercury amalgam restorations may significantly affect the integrity of the tooth.

4213.46 A dentist shall not represent that dental treatment or diagnostic techniques recommended or performed by the dentist have the capacity to diagnose, cure or alleviate diseases, infections or other conditions, when such representations are not based upon accepted scientific knowledge or research.

4213.47 A dentist shall not represent the fees being charged for providing care in a false or misleading manner.

4213.48 A dentist shall not increase a fee charged to a patient solely because the patient is covered under a dental benefits plan.

4213.49 A dentist shall not misrepresent treatment dates for the purpose of assisting a patient in obtaining benefits under a dental plan which benefits would otherwise be disallowed.

4213.50 A dentist shall not misrepresent the dental procedures performed to receive a greater payment or reimbursement or to make a non-covered procedure appear to be a covered procedure.

4213.51 A dentist shall not recommend or perform unnecessary dental services or procedures.

4213.52 A dentist who presents educational or scientific information in an article, seminar or other program shall disclose to the readers or participants any monetary or other special interest the dentist may have with a company whose products are promoted or endorsed in the presentation. Disclosure shall be made in any promotional material and in the presentation itself.

4213.53 A dentist who, in the regular conduct of his or her practice, engages in or employs auxiliaries in the marketing or sale of products or procedures to his or her patients shall not exploit the trust inherent in the dentist-patient relationship for his or her own financial gain.

4213.54 A dentist shall not induce his or her patients to purchase products or undergo procedures by misrepresenting the product's value, the necessity of the procedure or the dentist's professional expertise in recommending the product or procedure.

4213.55 In the case of a health-related product used by or recommended by a dentist, it is not enough for the dentist to rely on the manufacturer's or distributor's representations about the product's safety and efficacy. The dentist shall inquire into the truth and accuracy of such claims and verify that they are founded on accepted scientific knowledge or research.

4213.56 A dentist shall disclose to his or her patients all relevant information the patient needs to make an informed purchase decision, including whether the product is available elsewhere and whether there are any financial incentives for the dentist to recommend the product that would not be evident to the patient.

4213.57 A dentist shall not advertise or solicit patients in any form of communication in a manner that is false or misleading in any material respect.

4213.58 A general dentist who wishes to announce the services available in his or her practice may announce the availability of those services but shall not express or imply specialization.

4213.59 A dentist shall not announce available services in any way that would be false or misleading in any material respect.

4213.60 A dentist shall follow the Center for Disease Control's (CDC) guidelines on infection control and on universal precautions as they may be amended or republished from time to time.

4213.61 A dentist shall not willfully harass, abuse, intimidate, insult, degrade, or humiliate a patient physically, verbally, or by any form of communication.

4213.62 A dentist shall use a lead apron or its equivalent on all patients receiving an x-ray or radiograph, and when appropriate a thyroid collar shall also be used.

Whenever an entire dental practice or office moves to a new location or ceases operation, the owner or responsible dentist shall not later than 30 days after the change or closing:

(a) Notify the patients of the change of address or closing by U.S. Mail, a note posted conspicuously on the door of the office that is closing for at least 30 consecutive days, telephone message on the office number activated for at least 30 consecutive days, or any combination of the above; and

(b) Notify the patients as to how they may obtain copies of their complete dental files, radiographs, and models, by any of the means set forth in subparagraph (a).

History

• SOURCE: Final Rulemaking published at 35 DCR 927, 934 (February 12, 1988); as amended by Final Rulemaking published at 53 DCR 4795 (June 16, 2006); as amended by Final Rulemaking published at 54 DCR 3452 (April 20, 2007); as amended by Final Rulemaking published at 56 DCR 293 (January 9, 2009); as amended by Final Rulemaking published at 56 DCR 6989 (August 28, 2009).

17 DCMR § 4214 SUPERVISION OF DENTAL HYGIENISTS

4214.1 Except as provided by § 4214.2, a dentist shall not supervise more than two (2) dental hygienists at the same time.

4214.2 Pursuant to § 201(f) of the Act, D.C. Official Code § 3-1202.01(f)(2001), the limitation under this section shall not apply to a dentist who is an employee of, or operating pursuant to a contract with, the District or federal government and/or who is supervising dental hygienists who are employed by or operating pursuant to a contract with the District or federal government.

History

• SOURCE: Final Rulemaking published at 35 DCR 927, 935 (February 12, 1988); as amended by Final Rulemaking published at 54 DCR 3457 (April 20, 2007).

17 DCMR § 4215 DELEGATION OF DUTIES

4215.1 The following duties shall only be performed by a dentist licensed under the Act and shall not be delegated to a dental hygienist or auxiliary:

(a) Performing final diagnosis and treatment planning;

(b) Performing surgical or cutting procedures on hard or soft tissue;

(c) Prescribing or parenterally administering drugs or medications;

(d) Administering or monitoring general anesthetics and conscious sedation;

(e) Administering inhalants or inhalation conscious sedation agents;

(f) Administering or monitoring nitrous oxide or local anesthesia except as permitted in Chapter 43 § 4310.2 of this Title;

(g) Authorizing work orders for any appliance or prosthetic device or restoration to be inserted into a patient's mouth;

(h) Operating high speed rotary instruments in the mouth;

(i) Performing pulp capping procedures;

(j) Condensing, contouring or adjusting any final, fixed or removable prosthodontic appliance or restoration in the mouth;

(k) Final positioning of orthodontic bonds and bands;

(l) Orthodontic arch wire activation with the exception of minor adjustments to eliminate pain or discomfort;

(m) Taking impressions for master casts to be used for prosthetic restoration of teeth or oral structures;

(n) Final cementation of crowns, bridges, inlays, onlays, posts and cores, and insertion of final prosthesis;

(o) Placing sutures;

(p) Flushing root canals;

(q) Temporary wire ligation;

(r) Application of cavity liners and bases;

(s) Placing, carving, or finishing of amalgam restorations; and

(t) Placing and finishing of composite resin/silicate restorations.

4215.2 Except as provided in § 4215.3 of this chapter, no person unless otherwise licensed by the Board shall place or expose dental x-ray film unless he or she has:

(a) Satisfactorily completed a radiation course or examination recognized by the American Dental Association Continuing Education Recognition Program (CERP);

(b) Been certified by the American Registry of Radiologic Technologists; or

(c) Satisfactorily completed a radiation course and passed an examination given by the Dental Assisting National Board.

4215.3 For the time period beginning from the effective date of these regulations and ending December 31, 2011, a dentist may permit an auxiliary who does not meet the requirements under § 4215.2 to place or expose dental x-ray film if the auxiliary has completed in-office training and demonstrated competency to perform the task to the supervising dentist's satisfaction.

4215.4 Except as provided in § 4215.1 of this chapter, a dentist may delegate to a dental hygienist licensed under the Act those procedures which are appropriate to the training and experience of the dental hygienist, the type of practice of the supervising dentist, and to be performed under the direct or general supervision of the dentist.

4215.5 Except as provided in § 4215.6 a dentist may delegate to an auxiliary those procedures which are:

(a) Appropriate to the training and experience of the auxiliary, and the practice of the supervising dentist;

(b) Reversible; and

(c) To be performed under the direct or general supervision of the dentist.

4215.6 Except as provided in § 4215.7 of this chapter, the following dental procedures shall only be delegated to an auxiliary who has:

(a) Satisfactorily completed training in a CERP approved program, a training program or course recognized by the American Dental Association Commission on Dental Accreditation (CODA), or by the Dental Assisting National Board; and

(b) Who performs the tasks under direct supervision with the supervising dentist checking and approving the completed task prior to dismissal of the patient from the office:

(1) Placement of retraction cord;

(2) Placement or removal of matrices;

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

(4) Placement of periodontal dressings;

(5) Removal of temporary restorations without the use of a rotary instrument;

(6) Removal of sutures; and

(7) Bleaching.

4215.7 A dentist may delegate performance of the tasks set forth in § 4215.6 of this chapter to an auxiliary who does not meet the training requirements in § 4215.6(a), if the auxiliary had been performing the tasks for at least three (3) months prior to the effective date of these regulations and has demonstrated competency to perform the tasks to the supervising dentist's satisfaction.

4215.8 A dentist shall not delegate to an auxiliary any of the following procedures:

(a) Those procedures excluded by § 4215.1 of this chapter;

(b) A preliminary dental examination; a complete prophylaxis, including the removal of any deposits, diseased crevicular tissue, accretion, or stain from the surface of a tooth or a restoration; the intraoral polishing of a tooth or a restoration;

(c) The charting of cavities during preliminary examination, prophylaxis, or polishing, however a dentist may permit an auxiliary to record the charting of cavities as dictated by the dentist or dental hygienist during the course of an examination or dental procedure;

(d) The instruction of individuals or groups of individuals in oral health care, unless it is in the dental office and done as instructed by the dentist;

(e) The application of pit and fissure sealants;

(f) The performing of a diagnostic screening to identify indications of oral abnormalities;

(g) Administration of local anesthesia with board identified criteria and certification;

(h) Administration of nitrous oxide with board identified criteria and certification; or

(i) Placement of temporary restorations.

4215.9 In all instances, the licensed dentist assumes ultimate responsibility for determining, on the basis of his or her diagnosis, the specific treatment the patient will receive and which aspects of treatment will be delegated to qualified personnel in accordance with this chapter and the Act.

History

• SOURCE: Final Rulemaking published at 56 DCR 295 (January 9, 2009).

17 DCMR § 4216 ADVERTISING

4216.1 A dentist licensed under the Act shall include the dentist's name as the name appears on his or her District of Columbia dental license in any advertisement of dental services appearing in any newspaper, airwave transmission, telephone directory or other advertising medium in the District of Columbia.

4216.2 A dentist may not, on behalf of himself or herself, his or her partner, or his or her associate, or for any other dentist affiliated with him or her, use or participate in the use of any form of public communication, which contains a deceptive or misleading statement or claim.

4216.3 For purposes of this section, deceptive or misleading statements or claims are those that:

(a) Contain a material misrepresentation of fact;

(b) Fail to state any fact necessary to make the statement not misleading;

(c) Are intended or are likely to create unjustified expectations;

(d) State or imply superior service;

(e) Contain a representation or implication that is likely to cause an ordinary prudent person to misunderstand or to be deceived, or that fails to contain reasonable warnings or disclaimers necessary to make a representation or implication not deceptive;

(f) Contain statistical data or other information based on past performance coupled with an explicit representation that the data or information indicates a likelihood of future success;

(g) Contain or imply any guarantee of satisfaction, except the guarantee to return a fee if the patient is not satisfied with the treatment rendered;

(h) Use electronic media, including television, radio, internet, and motion pictures, in a manner inconsistent with these regulations and the following criteria:

(1) Broadcast advertising shall be communicated to the public only over radio or television stations that are approved by the Federal Communications Commission or over cable television,

(2) Broadcast advertisements shall be prerecorded, and approved for broadcast by the advertising dentist, and

(3) A recording of the actual transmission shall be retained by the advertising dentist for a period of 3 years;

(i) Fail to include the name of a responsible licensed dentist who provides dental services at the location advertised;

(j) Falsely state or imply that a dentist is a certified or recognized specialist recognized by the American Dental Association Commission on Dental Accreditation;

(k) Claims to be a specialist or uses any of the terms to designate a dental specialty unless he or she is entitled to such specialty designation under the guidelines or requirements for specialties approved by the American Dental Association, or such guidelines or requirements as subsequently amended and approved by the board, or other such organization recognized by the board.

(l) State or imply that a dentist practices in an area of dental specialty unless the dentist:

(1) Is recognized by the Board as a specialist in the area advertised,

(2) Includes in the advertisement a disclaimer that the dentist is not recognized by the Board as a specialist in the area of practice advertised, or

(3) Includes in the advertisement a statement that the dentist is a general dentist; and

(m) State that the dentist practices or advocates "mercury-free" dentistry or removes mercury amalgams for replacement of nonmercury containing materials, unless that advertisement includes a readable disclaimer which states: "The National Institutes of Health has determined that there are no verifiable systemic health benefits resulting from the removal of mercury amalgams."

4216.4 A general dentist who limits his or her practice shall state in conjunction with his or her name that he or she is a general dentist providing only certain services, e.g., orthodontic services.

4216.5 Except as provided in § 4216.6 of this chapter, a dentist shall not:

(a) State or imply that another dentist practices at a dental office or location who in fact does not practice at that site; or

(b) State or imply an affiliation with a dentist with whom the dentist does not have a legal affiliation.

4216.6 For one year following the dissolution of a partnership, affiliation or professional arrangement, a dentist may continue to use advertising containing the name of the former partner or dentist with whom he or she was affiliated, if the other dentist has expressly consented to such use, or is deceased.

4216.7 A statement regarding fees shall be considered deceptive or misleading if the dentist:

(a) Renders the service at more than the fees advertised; or

(b) Fails to offer the service at the fee advertised for a reasonable period of time following the advertisement unless a specific time limit is included in the original advertisement.

4216.8 Any statement specifying a fee for a dental service which does not include the cost of all related procedures, services, and products which, to a substantial likelihood, will be necessary for the completion of the advertised services as it would be understood by an ordinarily prudent person shall be deemed to be deceptive or misleading. Where reasonable disclosure of all relevant variables and considerations is made, a statement of a range of fees for specifically described dental services shall not be deemed to be deceptive or misleading.

4216.9 Discount offers for a dental service are permissible for advertising only when the nondiscounted or full fee and the final discounted fee are also disclosed in the advertisement. The dentist shall maintain documented evidence to substantiate the discounted fee.

4216.10 A dentist shall be responsible for an advertisement of service regardless of whether the advertising has been generated by him or her personally, by his or her employees, or by a proprietorship, partnership, corporation, union, public school clinic, state institution, or charitable institution which uses his or her services.

4216.11 A dentist shall:

(a) Retain a copy of all advertising, in the form in which it was published, for a period of 3 years from the date of publication or transmission; and

(b) Make the copy available for inspection and copying when requested by the Board.

4216.12 Within thirty (30) days of receiving a request from the Board, a dentist shall submit documentation, video or audio recordings, or other evidence to substantiate the truthfulness of any assertion or representation of material fact set forth in an advertisement. If the dentist fails or refuses to comply with the request, the Board may draw an adverse inference from such failure or refusal in any subsequent hearing or disciplinary action on the substance of the complaint or investigation, should such a hearing or action occur.

History

• SOURCE: Final Rulemaking published at 56 DCR 298 (January 9, 2009).

17 DCMR § 4217 UNAUTHORIZED PRACTICE

4217.1 A dentist shall not engage in any treatment, therapy, or testing in the District of Columbia that is not:

(a) Within the scope of the practice of dentistry pursuant to D.C. Official Code § 3-1201.02(5)(2001);

(b) Commonly used in dental practice in the United States; and

(c) Currently taught in United States dental schools or dental residency programs accredited by the American Dental Association Commission on Dental Accreditation.

4217.2 A dentist shall not perform any extraoral aesthetic or cosmetic procedures in the District of Columbia including but not limited to laser hair removal, skin resurfacing, skin refirming, skin tightening, skin rejuvenation, or injection of substances into the body for the purpose of wrinkle-removal, unless he or she:

(a) Holds an active District of Columbia dental license in good standing;

(b) Has successfully completed an oral and maxillofacial surgery residency program accredited by the American Dental Association Commission on Dental Accreditation;

(c) Only performs aesthetic or cosmetic procedures above the clavicle or within the head and neck region of the body; and

(d) Only performs those procedures which are appropriate to his or her training and experience.

4217.3 A dentist shall not employ, contract with, supervise, or otherwise aid or assist another individual in the performance of extraoral aesthetic or cosmetic procedures in the District of Columbia including but not limited to laser hair removal, skin resurfacing, dermabrasion, skin refirming, skin tightening, skin rejuvenation, or injection of substances into the body for the purpose of wrinkle-removal unless the individual actually performing the procedures meets the requirements set forth in § 4217.2 of this chapter or is otherwise licensed and authorized under the Act to perform such procedures.

4217.4 A dentist shall not employ, contract with, supervise, or otherwise aid or assist another individual in the performance of general spa services and procedures in the District of Columbia including but not limited to massage therapy, facials, tooth bleaching, cosmetic tattooing, manicures, or pedicures, unless the individually actually performing the procedures is duly licensed or otherwise authorized under applicable District of Columbia law to perform the procedures.

History

• SOURCE: Final Rulemaking published at 56 DCR 301 (January 9, 2009); as amended by Final Rulemaking published at 56 DCR 6989 (August 28, 2009).

17 DCMR § 4299 DEFINITIONS

4299.1 As used in this chapter, the following terms have the meaning ascribed:

Act - The District of Columbia Health Occupation Revision Act of 1985 ("Act"), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01 et seq.)

ADEX- American Board of Dental Examiners.

Applicant - a person applying for a license to practice dentistry under this chapter.

Auxiliary - means a person who may perform dental supportive procedures authorized by District of Columbia law or regulations under the specified supervision of a licensed dentist.

Bleaching - external tooth whitening procedures.

Bloodborne pathogen- means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV) and human immunodeficiency virus (HIV).

Board - the Board of Dentistry, established by § 201 of the Act, D.C. Code § 2-3302.1 (1987 Supp.).

Dental hygienist - a person licensed to practice dental hygiene under the Act.

Dentist - a person licensed to practice dentistry under the Act.

NERB - the North East Regional Board of Dental Examiners, Inc.

NERB Examination—the examination in dentistry offered by the North East Regional Board of Dental Examiners, Inc.; or its successor.

Passed a Regional Board - means that an applicant has earned a score of seventy-five (75%) in each discipline, clinical skill, procedure, or knowledge that is tested on the NERB examination using the internal weighting and scoring methods the NERB uses to score the NERB's examination of dentistry or dental hygiene as applicable.

Regional Board – the examination in dentistry offered by any of the following dental examination organizations:

(a) The Central Regional Dental Testing Service;

(b) The North East Regional Board of Dental Examiners, Inc.;

(c) The Southern Regional Testing Agency, Inc.; and

(d) The Western Regional Examining Board, Inc.

Universal precautions - means blood and body fluid precautions as defined by the Center for Disease Control.

4299.2 The definition in §4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 927, 935 (February 12, 1988); as amended by Final Rulemaking published at 52 DCR 10685 (December 9, 2005); Final Rulemaking published at 54 DCR 3457 (April 20, 2007); as mended by Final Rulemaking published at 56 DCR 302 (January 9, 2009); as amended by Final Rulemaking published at 56 DCR 6989 (August 28, 2009); as amended by Final Rulemaking published at 59 DCR 8527, 8528 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 2862 (March 8, 2013).

17-43 DENTAL HYGIENE

17 DCMR § 4300 GENERAL PROVISIONS

4300.1 This chapter shall apply to applicants for and holders of a license to practice dental hygiene.

4300.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 42 (Dentistry) of this title shall supplement this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is § 302(14) of the District of Columbia Health Occupations Revision Act of 1985, D.C. Law 6-99, D.C. Code § 2-3303.2(14) (1988 Repl. Vol.), 33 DCR 729, 732 (February 7, 1986), and Mayor's Order 86-110, 33 DCR 5220 (August 22, 1986).
• SOURCE: Final Rulemaking published at 36 DCR 787 (January 27, 1989).

17 DCMR § 4301 TERM OF LICENSE

4301.1 Subject to § 4301.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31 of each odd-numbered year.

4301.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 36 DCR 787 (January 27, 1989).

17 DCMR § 4302 EDUCATIONAL REQUIREMENTS

4302.1 Except as otherwise provided in this subtitle, an applicant shall furnish proof satisfactory to the Board that the applicant has successfully completed an educational program in the practice of dental hygiene of at least two (2) academic years at an institution recognized by the Commission on Dental Accreditation of the American Dental Association (ADA) at the time the applicant graduated, in accordance with § 504(c) of the Act, D.C. Code § 2-3305.4(c) (1988 Repl. Vol.).

4302.2 An applicant shall submit an official certificate of graduation in a sealed envelope from the educational institution to the Board with the completed application.

History

• SOURCE: Final Rulemaking published at 36 DCR 787 (January 27, 1989); as amended by Final Rulemaking published at 37 DCR 2747, 2748 (May 4, 1990); as amended by Final Rulemaking published at 54 DCR 9539 (October 5, 2007).

17 DCMR § 4303 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

4303.1 The Board may grant a license to practice dental hygiene to an applicant who completed an educational program in a foreign country, other than the Dominion of Canada, which program is not recognized by the ADA, if the applicant:

(a) Meets all requirements of this chapter except for § 4302.1; and

(b) Demonstrates to the satisfaction of the Board that the applicant's education and training are substantially equivalent to the requirements of this subtitle and the Act and that the applicant is qualified to practice dental hygiene.

4303.2 An applicant under this section, in lieu of meeting the requirements of § 4302.1, shall do the following:

(a) Submit to the Board an official transcript and a copy of the degree or diploma indicating that the applicant has completed a professional program in the field of dental hygiene in any country other than the United States or its territories, or the Dominion of Canada; and

(b) Submit to the Board proof that the applicant has successfully completed the National Board of Dental Hygiene Examination.

4303.3 The Board may interview an applicant under this section to determine whether the applicant's education or training meets the requirements of the Act and this chapter.

4303.4 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 36 DCR 787, 788 (January 27, 1989); as amended by Final Rulemaking published at 54 DCR 9539 (October 5, 2007).

17 DCMR § 4304 LICENSURE BY EXAMINATION

4304.1 To qualify for a license by examination, an applicant shall:

(a) Meet the education requirements set forth under § 4302.1 or § 4303 of this chapter; and

(b) Receive a passing score on the following:

The National Board of Dental Hygiene Examination;

The American Board of Dental Examiners (ADEX) Examination, which may be a patient-based or nonpatient-based examination; and

The District of Columbia Dental Law Examination.

4304.2 To apply for a license by examination, an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

(1) The applicant's social security number on the application; and

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2") which clearly expose the area from the top of the forehead to the bottom of the chin.

(b) Submit an official certificate of graduation in a sealed envelope from the educational institution(s) to the Board, which shall verify that the applicant meets the educational requirements set forth under § 4302.1 or 4303.1 of this chapter;

(c) Submit the applicant's examination results, which have been certified or validated by the NERB and the National Board of Dental Hygiene Examination;

(d) Pass the District of Columbia Dental Law Examination; and

(e) Pay all required fees.

4304.3 The passing scores on the examinations shall be those established by the National Board of Dental Hygiene Examination and NERB on each test that forms a part of the examinations.

4304.4 An applicant who has successfully completed the NERB examination ten (10) or more years prior to the date of receipt by the Board of the application for licensure shall be required to retake the NERB examination, unless the applicant is applying for licensure by endorsement pursuant to § 4309 of this chapter.

History

• SOURCE: Final Rulemaking published at 36 DCR 797, 789 (January 27, 1980); as amended by Final Rulemaking published at 37 DCR 2727, 2748 (May 4, 1990); as amended by Final Rulemaking published at 54 DCR 9539 9540 (October 5, 2007); as amended by Final Rulemaking published at 68 DCR 3802 (April 9, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4304

17 DCMR § 4305 DISTRICT OF COLUMBIA DENTAL LAW EXAMINATION

4305.1 To qualify for a license under this chapter, all applicants without exception shall receive a passing score on a written examination developed by the Board on laws and rules pertaining to the practice of dentistry and dental hygiene (the District of Columbia Dental Law Examination).

4305.2 Repealed

4305.3 The District of Columbia Dental Law Examination may consist of questions on general District laws pertaining to dentistry and dental hygiene including the Act, this chapter, and chapters 40, 41, and 42 of this title.

History

• SOURCE: Final Rulemaking published at 36 DCR 787, 789 (January 27, 1989); as amended by Final Rulemaking published at 54 DCR 9540 (October 5, 2007).

17 DCMR § 4306 CONTINUING EDUCATION REQUIREMENTS

4306.1 Except as provided in § 4306.2, this section applies to applicants for the renewal, reactivation, or reinstatement of a license for a term expiring December 31, 2019, and for subsequent terms.

4306.2 This section shall not apply to applicants for an initial license by examination or endorsement and shall not apply to applicants for the first renewal of a license granted by examination.

4306.3 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 4307.

4306.4 For the licensure period ending December 31, 2019, an applicant for renewal of a license shall submit proof pursuant to § 4306.10 of having completed fifteen (15) hours of approved continuing education credit obtained within the two (2) year period preceding the date the license expires, which shall include:

Current CPR certification for healthcare providers at the basic level;

Two (2) hours of infection control training;

One (1) hour of ethics in an approved continuing education program; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)).

4306.5 Beginning with the licensure period ending December 31, 2021, an applicant for renewal of a license shall submit proof pursuant to § 4306.10 of having completed twenty (20) hours of approved continuing education credit obtained within the two (2) year period preceding the date the license expires, which shall include:

Current CPR certification for healthcare providers at the basic level;

Two (2) hours of infection control training;

One (1) hour of ethics in an approved continuing education program;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

4306.6 For the licensure period ending December 31, 2019, to qualify for a license, a person in inactive status pursuant to Section 511 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.11), who submits an application to reactivate a license shall submit proof pursuant to § 4306.10 of having completed fifteen (15) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reactivation of that applicant’s license and an additional eight (8) hours of approved continuing education credit for each additional year that the applicant was in inactive status beginning with the third year, which shall include:

Current CPR certification for healthcare providers at the basic level;

Two (2) hours of infection control training;

One (1) hour of ethics in an approved continuing education program; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)).

4306.7 Beginning with the licensure period ending December 31, 2021, to qualify for a license, a person in inactive status pursuant to Section 511 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.11) , who submits an application to reactivate a license shall submit proof pursuant to § 4306.10 of having completed twenty (20) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reactivation of that applicant’s license and an additional eight (8) hours of approved continuing education credit for each additional year that the applicant was in inactive status beginning with the third year, which shall include:

Current CPR certification for healthcare providers at the basic level;

Two (2) hours of infection control training;

One (1) hour of ethics in an approved continuing education program;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

4306.8 For the licensure period ending December 31, 2019, to qualify for a license, an applicant for reinstatement of a license shall submit proof pursuant to § 4306.10 of having completed fifteen (15) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reinstatement of the applicant’s license and an additional eight (8) hours of approved continuing education credit for each additional year that the license was expired beginning with the third year, which shall include:

Current CPR certification for healthcare providers at the basic level;

Two (2) hours of infection control training;

One (1) hour of ethics in an approved continuing education program; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)).

4306.9 Beginning with the licensure period ending December 31, 2021, to qualify for a license, an applicant for reinstatement of a license shall submit proof pursuant to § 4306.10 of having completed twenty (20) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reinstatement of the applicant’s license and an additional eight (8) hours of approved continuing education credit for each additional year that the license was expired beginning with the third year, which shall include:

Current CPR certification for healthcare providers at the basic level;

Two (2) hours of infection control training;

One (1) hour of ethics in an approved continuing education program;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

4306.10 An applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion, by signature or stamp.

4306.11 An applicant for renewal of a license who fails to submit proof of having completed continuing education requirements by the date the license expires may renew the license up to sixty (60) days after expiration by submitting this proof pursuant to § 4306.10 and by paying the required additional late fee.

4306.12 Upon submitting proof of having completed continuing education requirements and paying the late fee, the applicant shall be deemed to have possessed a valid license during the period between the expiration of the license and the submission of the required documentation and payment of the late fee.

4306.13 If an applicant for renewal of a license fails to submit proof of completion of continuing education requirements or pay the late fee within sixty (60) days after the expiration of applicant's license, the license shall be considered to have lapsed on the date of expiration.

4306.14 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew after expiration if the applicant's failure to submit proof of completion was for good cause. As used in this section, "good cause" includes the following:

(a) Serious and protracted illness of the applicant; and

(b) The death or serious and protracted illness of a member of the applicant's immediate family.

4306.15 Beginning with the licensure period ending December 31, 2021, the continuing education requirements set forth in this chapter for renewal, reinstatement, or reactivation of a license may be satisfied through approved internet continuing education courses.

4306.16 [REPEALED].

4306.17 Beginning with the licensure period ending December 31, 2021, approved internet courses and programs may be used to satisfy the continuing education CPR certification requirement, and basic life support (BLS), pediatric advanced life support (PALS), and advanced cardiac life support (ACLS) requirements.

History

• SOURCE: Final Rulemaking published at 38 DCR 787, 789 (January 27, 1989); as amended by Final Rulemaking published at 54 DCR 9541, 9542 (October 5, 2007); as amended by Final Rulemaking published at 65 DCR 4838 (May 4, 2018); ); as amended by Final Rulemaking published at 67 DCR 2211 (February 28, 2020); as amended by Final Rulemaking published at 68 DCR 3802 (April 9, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4306

17 DCMR § 4307 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

4307.1 The Board, in its discretion, may approve continuing education programs and activities that contribute to the growth of an applicant in professional competence in the practice of dental hygiene and that meet the other requirements of this section.

4307.2 The Board may approve the following types of continuing education programs, if the program meets the requirements of § 4307.3:

(a) An undergraduate or graduate course given at an accredited college or university;

(b) A seminar or workshop;

(c) An educational program given at a conference; and

(d) In-service training.

4307.3 To qualify for approval by the Board, a continuing education program shall do the following:

(a) Be current in its subject matter;

(b) Be developed and taught by qualified individuals; and

(c) Meet one of the following requirements:

(1) Be administered or approved by a national, state, or local dentistry or dental hygiene organization recognized by the Board; health care organization; licensed health care facility; or a college or university that is accredited by an accrediting body recognized by the Secretary of the United States Department of Education or the Council on Postsecondary Accreditation; or

(2) Be submitted by the program sponsors to the Board for review no less than sixty (60) days prior to the date of the presentation and be approved by the Board.

4307.4 Continuing education credit will not be awarded for programs that do not relate to the theory or clinical application of theory pertaining to the practice of dental hygiene, including but not limited to:

Courses pertaining to business communications and operations;

Courses solely pertaining to medical/dental coding terminology;

Courses pertaining to personal self-improvement, financial gain, or career options;

Courses designed for lay persons;

Providing instruction to persons who are not licensed, registered, certified, or students in the field of dental hygiene or dental assisting, or for conducting research, or publications, or any preparation for same;

On-the-job training;

Orientation programs or staff meetings, including orientation to new policies, non-therapeutic procedures, equipment, forms, responsibilities, services, etc.;

Presentations made by students; or

Participation in or attendance at, not as a presenter, case conferences, grand rounds, or informal presentations.

4307.5 The Board may issue and update a list of approved continuing education programs.

4307.6 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

4307.7 The Board may approve the following continuing education activities by an applicant:

(a) Serving as an instructor or speaker at a conference, seminar, workshop, or inservice training;

(b) Publication of an article in a professional journal or publication of a book or a chapter in a book or publication of a book review in a professional journal or bulletin;

(c) Serving as a clinical instructor for students of dental hygiene; and

(d) Participation in research as a principal investigator or research assistant.

History

• SOURCE: Final Rulemaking published at 38 DCR 787, 789 (January 27, 1989); as amended by Final Rulemaking published at 65 DCR 4838 (May 4, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4307

17 DCMR § 4308 CONTINUING EDUCATION CREDITS

4308.1 The Board may grant continuing education credit in whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

4308.2 For approved undergraduate courses, each semester hour of credit shall constitute fifteen (15) hours of continuing education credit.

4308.3 The Board may grant a maximum of seven (7) continuing education credits per year to an applicant who attends in-service education programs.

4308.4 The Board may grant credit to an applicant who serves as an instructor or speaker at an acceptable program for both preparation and presentation time, subject to the following restrictions:

(a) The maximum amount of credit which may be granted for preparation time shall be twice the amount of the associated presentation time; and

(b) The maximum amount of credit which may be granted pursuant to this subsection shall be fifty percent (50%) of an applicant's continuing education requirement; and

(c) The presentation shall have been completed during the period for which credit is claimed.

4308.5 The Board may grant an applicant who is an author or editor of a published book fifteen (15) continuing education credits, if the book has been published or accepted for publication during the period for which credit is claimed, and the applicant submits proof of this fact in the application.

4308.6 The Board may grant an applicant who is an author of a published original paper five (5) continuing education credits, subject to the same restrictions set forth for books in § 4308.5.

4308.7 The Board may grant an applicant who is the sole author of a published book review, review paper, or abstract, two (2) continuing education credits, subject to the same restrictions set forth for books in § 4308.5.

History

• SOURCE: Final Rulemaking published at 36 DCR 787, 793 (January 27, 1989); as amended by Final Rulemaking published at 54 DCR 9542 (October 5, 2007).

17 DCMR § 4309 LICENSURE BY ENDORSEMENT

4309.1 An applicant is eligible to apply for licensure by endorsement in the District of Columbia if the applicant:

(a) Meets the education requirements set forth under § 4302.1 or § 4303 of this chapter;

(b) Has successfully completed the National Board of Dental Hygiene Examination;

(c) Is currently licensed, in good standing, to practice dental hygiene in another state of the United States; and

(d) Has passed one of the following:

(1) The NERB examination;

(2) A regional board examination, other than the NERB examination, and meets the active practice requirement set forth in § 4309.3(f); or

(3) A state dental examination determined by the Board to be substantially equivalent, and meets the active practice requirements set forth in § 4309.3(f) of this chapter.

4309.2 An applicant, holding an active license to practice dental hygiene in any other U.S. state, who has passed the NERB examination, shall apply for licensure by endorsement as follows:

(a) Submit a completed application to the Board on the required forms and include:

(1) The applicant's social security number on the application; and

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2") which clearly expose the area from the top of the forehead to the bottom of the chin.

(b) Submit a copy of his or her current license with the application;

(c) Obtain verification from each state in which the applicant holds or has ever held a professional health occupation license, that the license is current and in good standing, or if the license is no longer active, that it was in good standing immediately prior to its expiration. The licensure verification form shall be sent directly to the Board, by the verifying Board;

(d) Submit the applicant's NERB examination results, which have been certified or validated by the NERB;

(e) Submit the applicant's National Board of Dental Hygiene examination results, which have been certified or validated by the National Board of Dental Hygiene Examination;

(f) Pass the District of Columbia Dental Law Examination; and

(g) Pay all required fees.

4309.3 An applicant, holding an active license to practice dental hygiene in any other U.S. state, who has passed a regional board examination, other than the NERB examination, shall apply for licensure by endorsement as follows:

(a) Submit a completed application to the Board on the required forms and include:

(1) The applicant's social security number on the application; and

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2") which clearly expose the area from the top of the forehead to the bottom of the chin.

(b) Submit a copy of his or her current license with the application;

(c) Obtain verification from each state in which the applicant holds or has ever held a professional health occupation license, that the license is current and in good standing, or if the license is no longer active, that it was in good standing immediately prior to its expiration. The licensure verification form must be sent directly to the Board, by the verifying Board;

(d) Submit the applicant's regional board examination results, which have been certified or validated by the regional board;

(e) Submit the applicant's National Board of Dental Hygiene examination results, which have been certified or validated by the National Board of Dental Hygiene Examination;

(f) Submit evidence satisfactory to the Board establishing that the applicant has been actively engaged in the practice of dental hygiene in another U.S. state, in good standing, for the three (3) years immediately preceding the application, and has at least one hundred and fifty (150) hours of active dental hygiene practice. The practice of dental hygiene in the armed forces, state and federal programs, and intern and residency programs may be counted toward the required hours of active practice;

(g) Pass the District of Columbia Dental Law Examination; and

(h) Pay all required fees.

4309.4 In addition to the requirements set forth in this section, the Board may, in its discretion, require an applicant for licensure by endorsement to take and successfully complete a competency examination, or any portion thereof deemed necessary by the Board, as a prerequisite to licensure if the applicant's licensure in any state was ever denied, revoked, or suspended for incompetence or inability to practice in a safe manner.

4309.5 An application that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned, and closed by the Board. The applicant shall thereafter be required to reapply, submit the required documents and completed forms, and pay the required fees.

4309.6 Nothing is this section shall be construed to prohibit the Board from utilizing other authorized databases to verify an applicant's current licensure standing in other jurisdictions of the U.S. or to review disciplinary records.

History

• SOURCE: Final Rulemaking published at 36 DCR 787, 794 (January 27, 1989); as amended by Final Rulemaking published at 54 DCR 9542, 9543 (October 5, 2007).

17 DCMR § 4310 FUNCTIONS OF DENTAL HYGIENISTS

4310.1 In accordance with § 102(4) of the Act, D.C. Official Code § 3-1201.02(4), a dental hygienist may perform the following functions under the general supervision of a licensed dentist, in his or her office or any public school or institution rendering dental services:

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

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

(c) The application of a medicinal agent to a tooth for a prophylactic purpose and the application of therapeutic agents;

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

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

(f) The application of pit and fissure sealants; and

(g) The performing of a screening to identify indications of oral abnormalities.

4310.2 In addition to the functions listed in § 4310.1, a dental hygienist may perform the following functions under the direct supervision of a licensed dentist, as authorized by § 102(4)(A)(vi) of the Act, D.C. Official Code § 3-1201.2 (4)(A)(vi) (2001):

(a) Monitoring of nitrous oxide;

(b) Administration of local anesthesia with board identified criteria and authorization;

(c) Administration of nitrous oxide with board identified criteria and authorization;

(d) Placement of periodontal dressings;

(e) Placement of temporary restorations;

(f) Removal of temporary restorations;

(g) Removal of periodontal dressings;

(h) Removal of sutures;

(i) Taking of study cast impressions;

(j) Placement and removal of rubber dams; and

(k) Bleaching.

4310.3 A dental hygienist shall not perform the following functions:

(a) Placement of sutures;

(b) Application of cavity liners and bases;

(c) Placement of amalgam restorations;

(d) Carving amalgam restorations;

(e) Finishing amalgam restorations;

(f) Placement and finishing of composite resin/silicate restorations; and

(g) Placement and removal of matrices; and

(h) Any function that is defined as the practice of dentistry under the Act unless specifically authorized under this subchapter.

History

• SOURCE: Final Rulemaking published at 36 DCR 787, 794 (January 27, 1989); as amended by Final Rulemaking published at 50 DCR 9240, 9241 (October 31, 2003); as amended by Final Rulemaking published at 51 DCR 5011 (May 14, 2004); as amended by Final Rulemaking published at 54 DCR 9545 (October 5, 2007).

17 DCMR § 4311 ADMINISTRATION OF LOCAL ANESTHESIA AND NITROUS OXIDE BY DENTAL HYGIENISTS

4311.1 A licensed dental hygienist authorized by the District of Columbia Board of Dentistry ("Board") to administer local anesthesia or nitrous oxide pursuant to this section may administer local anesthesia or nitrous oxide in the District of Columbia.

4311.2 A licensed dental hygienist authorized by the Board to administer local anesthesia and nitrous oxide shall administer local anesthesia and nitrous oxide only under direct supervision of a dentist licensed under the Act.

4311.3 A licensed dental hygienist authorized by the Board to administer local anesthesia and nitrous oxide shall maintain current CPR certification for healthcare providers at the basic level. This training shall include use of either an automated external defibrillator or a defibrillator and electrocardiograph.

4311.4 An applicant for authorization to administer local anesthesia and nitrous oxide shall do the following:

(a) Submit a completed application and pay the required fee;

(b) Submit a copy of a valid CPR certification for healthcare providers at the basic level; and

(c) Demonstrate to the satisfaction of the Board that he or she has:

(1) Applied for licensure under this chapter as a dental hygienist, or has been issued a license under this chapter as a dental hygienist;

(2) Satisfactorily completed a training program or course of study in a formal program in the administration of local anesthesia and nitrous oxide meeting the requirements set forth in § 4311.6; and

(3) Satisfactorily completed a written examination(s) in the administration of local anesthesia and nitrous oxide administered by the Northeast Regional Board of Dental Examiners (NERB), other regional board, state board, or any agency approved by the Board.

4311.5 An applicant who is authorized to administer local anesthesia and nitrous oxide in another state may apply for authorization to administer in the District by submitting the following:

(a) A completed application and payment of the required fee;

(b) A copy of a valid CPR certification for healthcare providers at the basic level;

(c) Verification of his or her authorization to administer local anesthesia and nitrous oxide in the other state or jurisdiction; and

(d) Demonstrate to the satisfaction of the Board that he or she has:

(1) Applied for licensure under this chapter as a dental hygienist, or has been issued a license under this chapter as a dental hygienist;

(2) Satisfactorily completed a training program or course of study in a formal program in the administration of local anesthesia and nitrous oxide which is substantially similar to the training program requirements set forth in § 4311.7; and

(3) Satisfactorily completed a written examination(s), not more than ten (10) years prior to the date of the application, in the administration of local anesthesia and nitrous oxide administered by the Northeast Regional Board of Dental Examiners (NERB), other regional board, state board, or any agency recognized by the Board.

4311.6 The training program or course of study required in § 4311.4 shall meet the following requirements:

(a) Be provided by a dental or dental hygiene program accredited by the Commission on Dental Accreditation of the American Dental Association; or an entity certified by the American Dental Association Continuing Education Recognition Program (CERP) which;

(b) Consists of a minimum of twenty (20) didactic hours and twelve (12) clinical hours; and

(c) Has a curriculum that includes but is not limited to the following topics:

(1) Anatomy of head, neck and oral cavity;

(2) Nitrous oxide administration;

(3) Recordkeeping;

(4) Armamentarium exercise;

(5) Local anesthesia and nitrous oxide;

(6) Neurophysiology;

(7) Pharmacology of local anesthetics and nitrous oxide;

(8) Pharmacology of vasoconstrictors;

(9) Potential local and systematic complications;

(10) Recognition and management of post-injection complications and reactions to injections;

(11) Contraindications;

(12) Medical and dental history evaluation procedures including psychological evaluation;

(13) Proper infection control techniques and proper disposal of sharps; and

(14) Hands-on practice, under direct supervision, including at least three clinical experiences in each of the following:

(A) Basic injection techniques;

(B) Basic placement techniques;

(C) Techniques of maxillary anesthesia;

(D) Techniques of mandibular injections; and

(E) Partner injections and partner administration of nitrous oxide;

A District of Columbia licensed dental hygienist who was permitted to administer local anesthesia and nitrous oxide in the District of Columbia pursuant to the former 17 DCMR § 4311, may apply for authorization to administer in the District by submitting the following:

(a) A completed application and payment of the required fee;

(b) A copy of a valid CPR certification for healthcare providers at the basic level;

Proof satisfactory to the Board of completion of a board-approved training program in the administration of local anesthesia and nitrous oxide which was completed between April 1, 2004 and January 31, 2009 and meeting the requirements under the regulations that were in effect at that time; and

Proof satisfactory to the Board that the dental hygienist has administered local anesthesia or nitrous oxide to at least twenty (20) patients during the two (2) years immediately preceding the date of the application. Proof satisfactory to the Board may include a notarized affidavit from the applicant’s supervising dentist attesting to the applicant’s completion of the required number of procedures and the corresponding dates.

History

• SOURCE: Final Rulemaking published at 51 DCR 8847 (September 10, 2004); as amended by Final Rulemaking published at 54 DCR 9545, 9548 (October 5, 2007); as amended by Final Rulemaking published at 56 DCR 8976 (November 20, 2009).

17 DCMR § 4312 STANDARDS OF CONDUCT

4312.1 A dental hygienist shall not accept or perform professional responsibilities which the dental hygienist knows or has reason to know that the dental hygienist is not competent to perform.

4312.2 A dental hygienist shall not willfully harass, abuse, or intimidate a patient either physically or verbally.

4312.3 Any holder of a license under this Chapter or any person authorized to practice dental hygiene under this Chapter shall comply with the Code of Ethics established by the American Dental Hygienists' Association as it may be amended or republished from time to time.

History

• SOURCE: Final Rulemaking published at 36 DCR 787, 795 (January 27, 1989); as amended by Final Rulemaking published at 54 DCR 9548 (October 5, 2007).

17 DCMR § 4399 DEFINITIONS

4399.1 As used in this chapter, the following terms and phrases have the meanings ascribed:

Applicant - a person applying for a license to practice dental hygiene under this chapter.

Board - the Board of Dentistry, established by § 201 of the Act, D.C. Code § 2-3302.1 (1988 Repl. Vol.)

Dentist - a person licensed to practice dentistry under the Act.

Dental hygienist - a person licensed to practice dental hygiene under the Act.

Direct supervision - supervision by a dentist who is in the dental office or treatment facility, personally diagnoses the condition to be treated, personally authorizes the procedures, remains in the dental office or treatment facility while the procedures are being performed by the dental hygienist, and evaluates the performance of the dental hygienist before dismissal of the patient.

General supervision - supervision based on instructions given by a licensed dentist either in person or by a communications device, but not requiring the physical presence of the dentist on the premises at the time actions are performed.

NERB - North East Regional Board of Dental Examiners, Inc.

NERB Examination - the examination in dental hygiene offered by the North East Regional Board of Dental Examiners, Inc., or its successor.

Regional Board - the examination in dental hygiene offered by the North East Regional Board of Dental Examiners, Inc. or an equivalent national or regional clinical testing agency recognized by the Board.

4399.2 The definitions in § 4099 of chapter 40 of this title are incorporated by reference and are made applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 36 DCR 787, 795 (January 27, 1989); as amended by Final Rulemaking published at 54 DCR 9548 (October 5, 2007).

17-44 DIETETICS

17 DCMR § 4400 GENERAL PROVISIONS

4400.1 This chapter shall apply to applicants for and holders of a license to practice dietetics.

4400.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 45 (Nutrition) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 3008 (April 29, 1988). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4400

17 DCMR § 4401 TERM OF LICENSE

4401.1 Subject to § 4401.2, a license issued pursuant to this chapter shall expire at 12:00 midnight on November 1 of each odd-numbered year.

4401.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter expires at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 3008 (April 29, 1988); as amended by Final Rulemaking published at 42 DCR 1428 (March 24, 1995). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4401

17 DCMR § 4402 EDUCATIONAL AND EXPERIENCE REQUIREMENTS

4402.1 Except as provided in § 4403, an applicant for a license shall furnish proof satisfactory to the Board that the applicant holds a baccalaureate or higher degree, with a major in human nutrition, foods and nutrition, dietetics, or food systems management, from an institution that was approved by an accrediting body recognized by the Council on Postsecondary Accreditation or the Secretary of the United States Department of Education at the time the applicant graduated, in accordance with § 702(a) of the Act (D.C. Official Code § 2-3307.1(a) (1988 Repl.)).

4402.2 An applicant shall have completed an American Dietetic Association approved, planned, continuous, pre-professional experience component in dietetic practice of not less than nine hundred (900) hours under the supervision of a registered dietitian or a licensed dietitian.

4402.3 An applicant who provides evidence of current registration as a registered dietitian with the Commission on Dietetic Registration of the American Dietetic Association (CDRADA) shall be deemed to have met the education and experience requirements of this section.

4402.4 An applicant, including a registered dietitian deemed to be qualified under § 4402.3, shall submit a certified transcript of the applicant's educational record(s) and an official certificate of graduation to the Board with the completed application.

History

• SOURCE: Final Rulemaking published at 35 DCR 3008 (April 29, 1988); as amended by Final Rulemaking published at 37 DCR 2747 (May 4, 1990). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4402

17 DCMR § 4403 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

4403.1 The Board may grant a license to practice dietetics to an applicant who completed an educational program in a foreign country if the applicant meets all requirements of this chapter except for § 4402.1.

4403.2 An applicant under this section shall submit with the application a certification from one of the following that the applicant's foreign education is equivalent to the applicable requirements of the Act and this chapter:

(a) A private education evaluation service approved by the Board; or

(b) A college or university approved by an accrediting body recognized by the Council on Postsecondary Accreditation or the Secretary of the United States Department of Education.

4403.3 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 35 DCR 3008 (April 29, 1988). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4403

17 DCMR § 4404 NATIONAL EXAMINATION

4404.1 To qualify for a license by examination, an applicant shall receive a passing score on the certification examination sponsored by the CDRADA.

4404.2 Except as provided in § 4404.3, an applicant shall submit the applicant's examination results, which have been certified or validated by CDRADA, to the Board with the completed examination.

4404.3 An applicant who provides written verification of current registration as a registered dietitian from CDRADA shall be deemed to have met the requirements of this section.

4404.4 The Board shall waive the examination requirements of the Act and this section for any applicant who presents evidence satisfactory to the Board of the following:

(a) That the applicant meets the educational requirements of the Act and this chapter; and

(b) That the applicant was employed in the practice of dietetics on a substantially full-time basis for at least three (3) of the five (5) years immediately preceding March 25, 1986.

4404.5 The application for the waiver shall be received by the Board prior to March 25, 1988.

4404.6 An applicant under this section shall demonstrate the experience qualifications under §§ 4404.4 and 4404.5 by submitting the following:

(a) Evidence documenting that at least four thousand five hundred (4,500) hours of substantially full-time practice were completed over at least three (3) of the five (5) years immediately preceding March 25, 1986;

(b) Locations and time periods;

(c) Hours of supervised practice;

(d) Nature of practice;

(e) Performance rating or letter of reference from a supervisor; and

(f) The supervisor's name and position.

4404.7 For purposes of this section, the term "substantially full-time" means at least thirty (30) hours per week.

History

• SOURCE: Final Rulemaking published at 35 DCR 3008 (April 29, 1988); as amended by Final Rulemaking published at 37 DCR 2747 (May 4, 1990). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4404

17 DCMR § 4405 SUPERVISED PRACTICE BY STUDENTS AND GRADUATES (REGISTERED DIETITIANS ELIGIBLE (RDE))

4405.1 The following unlicensed persons may practice dietetics under supervision:

(a) A student fulfilling educational requirements in a program that meets the requirements of §§ 4402.1, 4402.2, and 4402.3; and

(b) A graduate enrolled in a postgraduate training program recognized by the Board.

4405.2 Only a supervisor shall be authorized to supervise the practice of a student or graduate.

4405.3 A student or graduate may practice dietetics only in accordance with the Act and this subtitle.

4405.4 A student or graduate who practices pursuant to this section shall practice only at a hospital, nursing home, health facility, health education center, business, or other health care facility considered appropriate for the practice of dietetics.

4405.5 A student or graduate under this section shall not assume administrative or technical responsibility for the operation of a program of dietetics, clinical service, or unit.

4405.6 All supervised practice shall take place under general or immediate supervision.

4405.7 A student or graduate shall identify himself or herself as such before practicing under supervision.

4405.8 A supervisor shall be fully responsible for all practice by a student or graduate during the period of supervision and shall be subject to disciplinary action for any violation of the Act or this subtitle by the student or graduate.

4405.9 A student or graduate shall not receive compensation of any kind directly or indirectly from a patient, except for a salary based on hours worked under supervision.

4405.10 A graduate eligible to practice under § 4405.1(b) may practice for no more than twelve (12) months or for the duration of the graduate's postgraduate training program.

4405.11 A student or graduate shall be subject to all of the applicable provisions of the Act and this chapter. In accordance with Chapter 41 of this title, The Board may deny an application for a license by, or take disciplinary action against, a student or graduate who is found to have violated the Act or this chapter.

4405.12 As used in this section:

(a) "General supervision" means supervision in which the supervisor is available on the premises or within vocal communication either directly or by a communication device at the time the student or graduate is practicing.

(b) "Immediate supervision" means supervision in which the supervisor is with the student or graduate and is either discussing or observing the student's or graduate's practice.

(c) "Supervisor" means a registered dietitian licensed under the Act who is responsible for the supervision of a student or graduate.

History

• SOURCE: Final Rulemaking published at 35 DCR 3008 (April 29, 1988); as amended by Final Rulemaking published at 36 DCR 4927 (July 22, 1994). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4405

17 DCMR § 4406 CONTINUING EDUCATION REQUIREMENTS

4406.1 Subject to § 4406.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a license for a term expiring April 30, 1991, and for subsequent terms.

4406.2 This section shall not apply to applicants for an initial license by examination, reciprocity, or endorsement, nor shall it apply to applicants for the first renewal of a license.

4406.3 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 4407.

4406.4 To qualify for the renewal of a license, an applicant shall have completed, during the two (2)-year period preceding the date the license expires, thirty (30) hours of approved continuing education, which shall include the following:

(a) Two (2) hours of LGBTQ continuing education; and

(b) Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

4406.5 To qualify for the reactivation of a license, a person in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11 (2016 Repl.)), who submits an application to reactivate a license shall submit proof of having completed fifteen (15) hours of approved continuing education credit for each license year that the applicant was in inactive status, up to a maximum of thirty (30) hours, provided further that ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

4406.6 To qualify for the reinstatement of a license, an applicant shall submit proof of having completed fifteen (15) hours of approved continuing education credit for each year after that the applicant was not licensed, up to a maximum of thirty (30) hours, provided further that ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

4406.7 An applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion by signature or stamp.

4406.8 The Board may periodically conduct a random audit of its active licensees to determine continuing education compliance. Any licensee selected for the audit shall submit proof of his or her continuing education compliance to the Board within thirty (30) days of receiving notification of the audit. Failure to timely respond to the audit notice may subject the licensee to disciplinary action by the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 3008 (April 29, 1988); as amended by Final Rulemaking published at 64 DCR 8236 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 5656 (May 3, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4406

17 DCMR § 4407 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

4407.1 The Board may, in its discretion, approve continuing education programs and activities that contribute to the growth of an applicant in professional competence in the practice of dietetics and that meet the other requirements of this section.

4407.2 The Board may approve the following types of continuing education programs, if the program meets the requirements of § 4407.3:

(a) An undergraduate or graduate course given at an accredited college or university;

(b) A seminar or workshop; and

(c) An educational program given at a conference.

4407.3 To qualify for approval by the Board, a continuing education program shall do the following:

(a) Be current in its subject matter;

(b) Be developed and taught by qualified individuals; and

(c) Meet one of the following requirements:

(1) Be administered or approved by:

(A) A national, state or local dietetics organization recognized by the Board;

(B) A health care facility accredited by the Joint Commission for the Accreditation of Hospitals; or

(C) A college or university approved by an accrediting body recognized by the Council on Postsecondary Accreditation or the Secretary of the United States Department of Education; or

(2) Be submitted by the program sponsors to the Board for review no less than sixty (60) days prior to the date of the presentation and be approved by the Board.

4407.4 The Board may issue and update a list of approved continuing education programs.

4407.5 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program. The applicant shall also have the burden of verifying the number of continuing education credits the Board will accept for a program under this section.

4407.6 The Board may approve the following continuing education activities by an applicant:

(a) Serving as an instructor or speaker at a conference, seminar, or workshop;

(b) Publication of an article in a professional journal, publication of a book or a chapter in a book, or publication of a book review in a professional journal or bulletin; or

(c) Participation in research as a principal investigator or research assistant.

History

• SOURCE: Final Rulemaking published at 35 DCR 3008 (April 29, 1988). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4407

17 DCMR § 4408 CONTINUING EDUCATION CREDITS

4408.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

4408.2 For approved undergraduate or graduate courses, each semester hour of credit shall constitute fifteen (15) hours of continuing education credit, and each quarter hour of credit shall constitute ten (10) hours of continuing education credit.

4408.3 The Board may grant credit to an applicant who serves as an instructor or speaker at an approved program for both preparation and presentation time, subject to the following restrictions:

(a) The maximum amount of credit which may be granted for preparation time shall be twice the amount of the associated presentation time;

(b) The maximum amount of credit which may be granted pursuant to this subsection shall be fifty percent (50%) of an applicant's continuing education requirement;

(c) If an applicant has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject; and

(d) The presentation shall have been completed during the period for which credit is claimed.

4408.4 The Board may grant an applicant who is an author or editor of a published book fifteen (15) continuing education credits, if the book has been published or accepted for publication during the period for which credit is claimed, and the applicant submits proof of this fact in the application.

4408.5 The Board may grant an applicant who is an author of a published original paper six (6) continuing education credits, subject to the same restrictions set forth for books in § 4408.4.

4408.6 The Board may grant an applicant who is the sole author of a published book review, review paper, or abstract, six (6) continuing education credits, subject to the same restrictions set forth for books in § 4408.4.

4408.7 The Board may grant an applicant who is able to demonstrate participation in research, either as a principal investigator or as a research assistant, six (6) continuing education credits.

4408.8 The Board may grant an applicant who is the co-author of a published book review, review paper, abstract, or original paper two (2) continuing education credits, subject to the same restrictions set forth for books in § 4408.5. A maximum of four (4) continuing education credits per year may be granted pursuant to this subsection.

History

• SOURCE: Final Rulemaking published at 35 DCR 3008 (April 29, 1988). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4408

17 DCMR § 4499 DEFINITIONS

4499.1 As used in this chapter, the following terms shall have the meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code §§ 3-1201 et seq. (2016 Repl.)).

Applicant - a person applying for a license to practice dietetics under this chapter.

Board - the Board of Dietetics and Nutrition, established by § 202 of the Act, D.C. Official Code § 2-3302.2 (1988 Repl.).

CDRADA - Commission on Dietetic Registration of the American Dietetic Association.

Dietitian - a person licensed to practice dietetics under the Act. Licensure to practice dietetics pursuant to this chapter shall also entitle the licensee to use the title of nutritionist.

Director – The Director of the Department of Health, or the Director’s designee.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

Nutritionist - a person licensed to practice nutrition under the Act.

Registered dietitian - a person registered as a dietitian by the Commission on Dietetic Registration of the American Dietetic Association.

4499.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this title.

History

• SOURCE: Final Rulemaking published at 35 DCR 3008 (April 29, 1988); as amended by Final Rulemaking published at 64 DCR 8236 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 5656 (May 3, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4499

17-45 NUTRITION

17 DCMR § 4500 GENERAL PROVISIONS

4500.1 This chapter shall apply to applicants for and holders of a license to practice nutrition.

4500.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 44 (Dietetics) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 3518 (May 13, 1988). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4500

17 DCMR § 4501 TERM OF LICENSE

4501.1 Subject to § 4501.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of November 1 of each odd-numbered year.

4501.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 3518 (May 13, 1988); as amended by Final Rulemaking published at 42 DCR 1428 (March 24, 1995). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4501

17 DCMR § 4502 EDUCATIONAL AND TRAINING REQUIREMENTS

4502.1 Except as otherwise provided in this subtitle, an applicant shall furnish proof satisfactory to the Board, in accordance with § 701(c) of the Act (D.C. Official Code § 2-3307.1(c) (1988 Repl.)), of one of the following:

(a) That the applicant holds a baccalaureate or higher degree, with a major in human nutrition, foods and nutrition, dietetics, or food systems management;

(b) That the applicant holds a baccalaureate or higher degree with a major in a course of study found by the Board to be equivalent to one of the courses of study listed in paragraph (a) of this subsection; or

(c) That the applicant has completed other training, approved by the Board, which is substantially equivalent to the requirements of paragraphs (a) and (b) of this subsection.

4502.2 Degrees required in §§ 4502.1(a) and (b) shall have been received from an academic institution that was approved by the appropriate accrediting body recognized by the Council on Postsecondary Accreditation or the United States Department of Education at the time the degree was conferred.

4502.3 An applicant shall submit a certified transcript of the applicant's educational record(s) and an official certificate of graduation to the Board with the completed application.

4502.4 Except as provided in §§ 4502.6, 4502.7 and 4502.8, an applicant shall furnish proof satisfactory to the Board that the applicant has completed preprofessional experience which meets the following requirements:

(a) The experience was obtained in a dietetic or nutrition program approved by the Board;

(b) The program was under the direction of a registered dietitian or nutritionist licensed or authorized to practice dietetics or nutrition in the United States;

(c) The experience consisted of a minimum of nine hundred (900) hours completed over a period of not less than twenty-two (22) weeks and not more than forty-five (45) weeks;

(d) At least one (1) hour per week of experience was under the immediate supervision of a registered dietitian or nutritionist and the remaining experience was under the general supervision of a registered dietitian or nutritionist; and

(e) The applicant's performance was rated as at least satisfactory.

4502.5 An applicant under this section shall demonstrate the experience listed under § 4502.4 by submitting with the application a statement from each supervisor during the required period of supervision, on the prescribed form, which sets forth the following:

(a) Locations and time periods of the training;

(b) Hours of supervised practice;

(c) Nature of practice;

(d) Performance rating; and

(e) The supervisor's license number, if any, and jurisdiction in which authorized to practice.

4502.6 An applicant who passes the examination sponsored by the Commission on Dietetic Registration of the American Dietetic Association (CDRADA) and who submits proof of current certification as a registered dietitian by the CDRADA shall be deemed to have met the educational and experience requirements of this section.

4502.7 An applicant who has received a master's or doctoral degree in nutrition from a university that was accredited by the ADA's Commission on Accreditation for Dietetics Education at the time the applicant graduated, shall be deemed to have met the pre-professional experience requirements of this section.

4502.8 An applicant who has been actively engaged in the practice of nutrition for not less than two (2) of the five (5) years immediately preceding the date of application and who meets the requirements of § 4502.1 of this chapter, shall be deemed to have met the pre-professional experience requirements of this section.

4502.9 An applicant who has been certified by the Certified Board for Nutrition Specialists as a Certified Nutrition Specialist (CNS), shall be deemed to have met the pre-professional experience requirements of this section.

4502.10 The Board may require that an applicant submit evidence that documents the nature of the course work completed.

4502.11 For purposes of this section, a quarter hour of academic credit shall equal two-thirds (2/3) of a semester hour.

History

• SOURCE: Final Rulemaking published at 35 DCR 3518 (May 13, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2749 (May 4, 1990); as amended by Final Rulemaking published at 53 DCR 82 (January 6, 2006); as amended by Final Rulemaking published at 55 DCR 2594 (March 14, 2008). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4502

17 DCMR § 4503 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

4503.1 The Board may grant a license to practice nutrition to an applicant who has completed an educational program in a foreign country, which program is not accredited pursuant to this section, if the applicant does as follows:

(a) Meets all requirements of this chapter except for § 4502.1; and

(b) Demonstrates to the satisfaction of the Board that the applicant's education and training are substantially equivalent to the requirements of this subtitle and the Act in ensuring that the applicant is qualified to practice nutrition by submitting the documentation required by § 4502.6 or § 4503.2 of this chapter.

4503.2 An applicant under this section shall submit with the application a certification from one of the following that the applicant's foreign education is equivalent to the applicable requirements of the Act and this chapter:

(a) A private education evaluation service approved by the Board; or

(b) A college or university approved by an accrediting body recognized by the Council on Postsecondary Accreditation or the Secretary of the United States Department of Education.

4503.3 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 35 DCR 3518 (May 13, 1988); as amended by Final Rulemaking published at 53 DCR 82 (January 6, 2006). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4503

17 DCMR § 4504 SUPERVISED PRACTICE BY STUDENTS AND GRADUATES

4504.1 The following unlicensed persons may practice nutrition under supervision:

(a) A student fulfilling educational requirements in a program that meets the requirements of §§ 4502.1 and 4502.2; and

(b) A graduate enrolled in a postgraduate training program recognized by the Board.

4504.2 Only a supervisor shall be authorized to supervise the practice of a student or graduate.

4504.3 A student or graduate may practice nutrition only in accordance with the Act and this subtitle.

4504.4 A student or graduate who practices pursuant to this section shall practice only at a hospital, nursing home, health facility, health education center, business, or other health care facility considered appropriate for the practice of nutrition.

4504.5 A student or graduate under this section shall not assume administrative or technical responsibility for the operation of a program of dietetics, clinical service, or unit.

4504.6 All supervised practice shall take place under general or immediate supervision.

4504.7 A student or graduate shall identify himself or herself as such before practicing under supervision.

4504.8 A supervisor shall be fully responsible for all practice by a student or graduate during the period of supervision and shall be subject to disciplinary action for any violation of the Act or this subtitle by the student or graduate.

4504.9 A student or graduate shall not receive compensation of any kind directly or indirectly from a patient, except for a salary based on hours worked under supervision.

4504.10 A graduate eligible to practice under § 4504.1(b) may practice for no more than twelve (12) months or for the duration of the graduate's postgraduate training program.

4504.11 A student or graduate shall be subject to all of the applicable provisions of the Act and this chapter. In accordance with Chapter 41 of this title, the Board may deny an application for a license by, or may take disciplinary action against, a student or graduate who is found to have violated the Act or this chapter.

4504.12 As used in this section:

(a) "General supervision" means supervision in which the supervisor is available on the premises or within vocal communication either directly or by a communication device at the time the student or graduate is practicing.

(b) "Immediate supervision" means supervision in which the supervisor is with the student or graduate and is either discussing or observing the student's or graduate's practice.

(c) "Supervisor" means a registered nutritionist or dietitian licensed under the Act who is responsible for the supervision of a student or graduate.

History

• SOURCE: Final Rulemaking published at 35 DCR 3518 (May 13, 1988); as amended by Final Rulemaking published at 41 DCR 4929 (July 22, 1994). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4504

17 DCMR § 4505 CDR EXAM

4505.1 Except as provided in 4505.2 of this chapter, all applicants for licensure in the District of Columbia shall receive a passing score on the national registration examination for dietitians offered by the Commission on Dietetic Registration (“CDR Exam”).

4505.2 The following shall not be required to complete the CDR exam:

(a) An applicant for licensure by endorsement;

(b) An applicant who is currently certified as a registered dietitian by the Commission on Dietetic Registration of the American Dietetic Association (CDRADA); or

(c) An applicant who is currently certified by the Certified Board for Nutrition Specialists as a Certified Nutrition Specialist (CNS).

4505.3 [REPEALED].

4505.4 An applicant who fails the CDR exam on three (3) consecutive attempts may not retake the examination for one (1) year. Thereafter, the applicant may not retake the examination for one (1) year after each failure.

4505.5 An applicant who fails the CDR exam three (3) times is not eligible for licensure in the District unless the applicant successfully completes a course or courses in each area of weakness as determined by the CDRADA’s analysis of the previous examination before the applicant may reapply for examination.

4505.6 To be eligible to take the CDR exam, an applicant shall submit proof satisfactory to the Board that he or she has met the educational and pre-professional experience training requirements of the Act.

4505.7 [REPEALED].

4505.8 [REPEALED].

4505.9 [REPEALED].

History

• SOURCE: Final Rulemaking published at 35 DCR 3518 (May 13, 1988); as amended by Final Rulemaking published at 53 DCR 82 (January 6, 2006); as amended by Final Rulemaking published at 55 DCR 2594 (March 14, 2008). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4505

17 DCMR § 4506 CONTINUING EDUCATION REQUIREMENTS

4506.1 Subject to § 4506.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a license for a term expiring April 30, 1991, and for subsequent terms.

4506.2 This section does not apply to applicants for an initial license; nor does it apply to applicants for the first renewal of a license.

4506.3 A continuing education credit shall be valid only if it meets the requirements of § 4507 and is approved by the Board.

4506.4 To qualify for the renewal of a license, an applicant shall have completed thirty (30) hours of approved continuing education credit during the two (2)-year period preceding the date the license expires. Beginning with the November 1, 2017 – October 31, 2019 licensure term, two (2) of the required thirty (30) hours shall be LGBTQ continuing education.

4506.5 To qualify for the reactivation of a license, a person in inactive status within the meaning of § 511 of the Act( D.C. Official Code § 3-1205.11 (2016 Repl.)) who submits an application to reactivate a license shall submit proof of having completed fifteen (15) hours of approved continuing education credit for each license year that the applicant was in inactive status, up to a maximum of five (5) years, with at least thirty (30) of those hours having been completed in the two (2) years immediately preceding the date of applying for reactivation.

4506.6 To qualify for the reinstatement of a license, an applicant shall submit proof of having completed fifteen (15) hours of approved continuing education credit for each year that the applicant was not licensed, up to a maximum of five (5) years, with at least thirty (30) of those hours having been completed in the two (2) years immediately preceding the submission of the reinstatement application.

4506.7 Except as provided in § 4506.8, an applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion, by signature or stamp.

4506.8 Applicants for renewal of a license shall only be required to prove completion of the required continuing education credits by submitting proof pursuant to § 4506.7 if requested to do so as part of the random audit, or if otherwise requested to do so by the Board.

4506.9 The Board may periodically conduct a random audit of its active licensees to determine continuing education compliance. Any licensee selected for the audit shall submit proof of his or her continuing education compliance to the Board within thirty (30) days of receiving notification of the audit. Failure to timely respond to the audit notice may subject the licensee to disciplinary action by the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 3518 (May 13, 1988); as amended by Final Rulemaking published at 53 DCR 84 (January 6, 2006); as amended by Final Rulemaking published at 55 DCR 2595 (March 14, 2008); as amended by Final Rulemaking published at 64 DCR 8239 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4506

17 DCMR § 4507 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

4507.1 The Board may, in its discretion, approve continuing education programs and activities that contribute to the growth of an applicant in professional competence in the practice of nutrition and that meet the other requirements of this section.

4507.2 The Board may approve the following types of continuing education programs, if the programs meet the requirements of § 4507.3:

(a) An undergraduate or graduate course given at an accredited college or university;

(b) A seminar related to the discipline of human nutrition;

(c) A training or technical assistance workshop in nutrition or a nutrition related field;

(d) An educational program given at a conference specifically related to the discipline of nutrition; and

(e) Nutrition related presentations or poster board sessions in professional meetings.

4507.3 To qualify for approval by the Board, a continuing education program shall meet the following requirements:

(a) Be current and relevant to the practice of nutrition and dietetics in its subject matter;

(b) Be developed and taught by individuals with appropriate qualifications and credentials; and

(c) Be administered or approved by one of the following:

(1) A national, state, or local dietetics organization recognized by the Board;

(2) A health care facility accredited by the Joint Commission for the Accreditation of Hospitals; or

(3) A college or university approved by an accrediting body recognized by the Council on Postsecondary Accreditation or the Secretary of the United Stated Department of Education.

4507.4 The Board may issue and update a list of approved continuing education programs.

4507.5 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program. The applicant shall also have the burden of verifying the number of continuing education credits the Board will accept for a program under this section.

4507.6 The Board may approve the following continuing education activities by an applicant:

(a) Serving as an instructor or speaker at a conference, a seminar, workshop, or in-service training;

(b) Publishing a book or a chapter in a book, or publishing a book review, article, abstract, or paper in a professional journal or bulletin; or

(c) Participating in research as a principal investigator or research assistant.

History

• SOURCE: Final Rulemaking published at 35 DCR 3518 (May 13, 1988); as amended by Final Rulemaking published at 53 DCR 82 (January 6, 2006); as amended by Final Rulemaking published at 55 DCR 2594 (March 14, 2008). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4507

17 DCMR § 4508 CONTINUING EDUCATION CREDITS

4508.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour, which shall equal one (1) continuing education unit (CEU).

4508.2 For approved undergraduate or graduate course, each semester hour of credit shall constitute fifteen (15) hours of continuing education credit, and each quarter hour of credit shall constitute ten (10) hours of continuing education credit.

4508.3 The Board may grant credit to an applicant who serves as an instructor or speaker at an approved program for both preparation and presentation time, subject to the restrictions under §§ 4508.4 through 4508.7.

4508.4 The maximum amount of credit which may be granted for preparation time shall be twice the amount of the associated presentation time.

4508.5 The maximum amount of credit which may be granted pursuant to § 4508.3 shall be fifty percent (50%) of an applicant's continuing education requirement.

4508.6 If an applicant has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject.

4508.7 The presentation shall be completed during the period for which credit is claimed.

4508.8 The Board may grant an applicant who is an author of editor of a published book fifteen (15) continuing education credits, if the book has been published or accepted for publication during the period for which credit is claimed, and the applicant submits proof of this fact with the application.

4508.9 The Board may grant an applicant who is an author of a published original paper six (6) continuing education credits, subject to the same restrictions set forth for books in § 4508.8.

4508.10 The Board may grant an applicant who is the sole author of a published book review, article, or abstract, six (6) continuing education credits, subject to the same restrictions set forth for books in § 4508.8.

4508.11 The Board may grant an applicant who is able to demonstrate participation in research, either as a principal investigator or as a research assistant, six (6) continuing education credits.

4508.12 The Board may grant an applicant who is a co-author of a published book review, article, abstract, or original paper two (2) continuing education credits, subject to the same restrictions set forth for books in § 4508.9. A maximum of four (4) continuing education credits per year may be granted to this section.

History

• SOURCE: Final Rulemaking published at 35 DCR 3518 (May 13, 1988); as amended by Final Rulemaking published at 53 DCR 82 (January 6, 2006); as amended by Final Rulemaking published at 55 DCR 2594 (March 14, 2008). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4508

17 DCMR § 4509 LICENSURE BY ENDORSEMENT

4509.1 An applicant, holding an active license, in good standing, to practice nutrition in another state, shall in addition to meeting all the requirements of this chapter:

(a) Submit a copy of his or her current license with the application; and

(b) Obtain verification from each state in which the applicant holds or has ever held a professional health occupation license, that the license is current and in good standing, or if the license is no longer active, that it was in good standing immediately prior to its expiration. The licensure verification form must be sent directly to the Board, by the verifying Board.

History

• SOURCE: Final Rulemaking published at 53 DCR 82 (January 6, 2006). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4509

17 DCMR § 4510 USE OF TITLE REGISTERED DIETITION

4510.1 An individual licensed under the Act to practice nutrition in the District of Columbia shall not use the title dietitian or registered dietitian unless the individual is licensed under the Act to practice dietetics in the District of Columbia.

History

• SOURCE: Final Rulemaking published at 53 DCR 82 (January 6, 2006). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4510

17 DCMR § 4599 DEFINITIONS

4599.1 As used in this chapter, the following terms shall have the meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code §§ 3-1201 et seq. (2016 Repl.)).

Applicant - a person applying for a license to practice nutrition under this chapter.

Board - the Board of Dietetics and Nutrition, established by § 202 of the Act, D.C. Official Code § 2-3302.2 (1987 Supp.).

CDRADA - the Commission on Dietetic Registration of the American Dietetic Association.

Dietitian - a person licensed to practice dietetics under the Act. Licensure to practice dietetics pursuant to this chapter shall also entitle the licensee to use the title of nutritionist.

General supervision - supervision in which the supervisor is within the same facility as the supervisee and immediately available upon request or is not within the same facility but immediately available by telephone.

Immediate supervision - supervision in which the supervisor is physically with the supervisee and either discusses or observes the supervisee's practice.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10 (b)(5) (2016 Repl.)).

Nutritionist - a person licensed to practice nutrition under the Act.

4599.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this title.

History

• SOURCE: Final Rulemaking published at 35 DCR 3518 (May 13, 1988); as amended by Final Rulemaking published at 64 DCR 8239 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4599

17-46 MEDICINE

17 DCMR § 4600 GENERAL PROVISIONS

4600.1 This chapter shall apply to applicants for and holders of a license to practice medicine.

4600.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

4600.3 The Board shall only accept applications for licensure by one of the following means notwithstanding anything in Chapter 40 to the contrary:

(a) National examination;

(b) Waiver of national examination;

(c) Reactivation of an inactive license;

(d) Reinstatement of an expired, suspended, or revoked license; or

(e) Eminence pursuant to D.C. Official Code § 3-1205.09a (2001).

4600.4 An applicant shall establish to the Board's satisfaction that the applicant possesses appropriate skills, knowledge, judgment, and character to practice medicine.

4600.5 An applicant shall demonstrate to the satisfaction of the Board that the applicant is proficient in understanding and communicating medical concepts and information in English.

4600.6 An applicant shall arrange to have submitted directly to the Board three (3) letters of reference from licensed physicians, in good standing in a jurisdiction of the United States, who have personal knowledge of the applicant's abilities and qualifications to practice medicine.

4600.7 An applicant who completed the postgraduate clinical training requirement of § 4602.4 or § 4603.5 no more than three (3) years prior to the date of the application shall meet the requirements of § 4600.6 by submitting at least two (2) out of three (3) letters of reference from the following:

(a) The director of the applicant's postgraduate clinical training program; and

(b) A licensed physician who supervised the applicant's practice of medicine in a postgraduate clinical program.

4600.8 An applicant who holds a license in another jurisdiction shall not be eligible for a license if one of the following applies:

(a) The applicant has surrendered a license in another jurisdiction while a disciplinary action was pending and has not been restored to licensure in that jurisdiction;

(b) The applicant has pending disciplinary or criminal charges for violation of any felony statute or any law regulating medicine or controlled substances;

(c) The applicant has engaged in conduct that would be grounds for disciplinary action under § 514(a) of the Act, D.C. Code § 2-3305.14 (1987 Supp.); or

(d) The applicant is not in good standing in a jurisdiction in which the applicant holds a license.

4600.9 An applicant or licensee shall communicate with the Board through typed or legibly written documentation. Any applicant or licensee who fails to submit typed or legibly written documents, as determined by the Board, shall have those documents returned to him or her.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is § 302(14) of the District of Columbia Health Occupations Revision Act of 1985, D.C. Law 6-99, D.C. Code § 2-3303.2(14) (1988 Repl. Vol.), 33 DCR 729, 732 (February 7, 1986), and Mayor's Order 86-110, 33 DCR 5220 (August 22, 1986).
• SOURCE: Final Rulemaking published at 35 DCR 5999 (August 5, 1988); as amended by Final Rulemaking published at 52 DCR 6834 (July 22, 2005).

17 DCMR § 4601 TERM OF LICENSE

4601.1 Subject to § 4601.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31 of each even-numbered year.

4601.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 5999, 6000 (August 5, 1988).

17 DCMR § 4602 EDUCATIONAL AND TRAINING REQUIREMENTS

4602.1 An applicant for licensure by examination educated in a foreign country other than Canada, shall furnish proof satisfactory to the Board that the applicant successfully completed educational and training requirements pursuant to § 4603.

4602.2 Repealed.

4602.3 Repealed.

4602.4 An applicant's post-graduate clinical training shall be at a hospital or health care facility licensed in the United States in a program accredited by the Accreditation Council for Graduate Medical Education (ACGME) or the American Osteopathic Association (AOA).

4602.5 An applicant shall arrange for certified transcripts of the applicant's medical education records to be sent directly from the educational institutions to the Board or its designees.

History

• SOURCE: Final Rulemaking published at 35 DCR 5999, 6001 (August 5, 1988); as amended by: Final Rulemaking published at 52 DCR 6834 (July 22, 2005).

17 DCMR § 4603 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

The Board may grant a license to practice medicine to an applicant educated in a foreign country who:

Meets all requirements of this chapter except for §§ 4602 and 4604; and

Submits documentation to the Board as required under this section, which demonstrates to the satisfaction of the Board that the applicant's education and training satisfy the requirements of this chapter and the Act in ensuring that the applicant has the proper training, experience, and qualifications to practice medicine.

4603.2 An applicant for a post-graduate clinical training program in the District of Columbia shall submit an application for a Medical Training License in accordance with § 4611.

4603.3 An applicant under this section shall furnish proof satisfactory to the Board that the applicant has successfully completed all educational and training requirements to practice medicine in the foreign country in which the medical education was undertaken.

4603.4 An applicant under this section shall be certified by the Educational Commission for Foreign Medical Graduates (ECFMG).

4603.5 An applicant under this section shall complete three (3) years of postgraduate clinical training in a program or programs approved by the Accreditation Council for Graduate Medical Education (ACGME) or the American Osteopathic Association (AOA).

4603.6 For applicants who hold or have held an unrestricted medical license in another state, or who hold Board certification recognized by the American Board of Medical Specialties (ABMS) or AOA, the Board may find that:

(a) A non-ACGME or non-​AOA approved postgraduate clinical training program is substantially equivalent to the requirements of an ACGME or AOA program and meets the educational requirements of § 4603.5; and

(b) Significant clinical practice in addition to at least one year of post-graduate clinical training is substantially equivalent to and meets the educational requirements of § 4603.5.

4603.7 An applicant shall arrange for a certified transcript of the applicant's medical education record to be sent directly from the educational institution to the Board or its designees, except as provided by § 4603.8.

4603.8 The Board may waive the transcript requirement of § 4603.7 upon a showing of extraordinary hardship if the applicant is able to establish by substitute documentation that the applicant possesses the requisite education and degrees.

4603.9 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a notarized translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 35 DCR 5999, 6002 (August 5, 1988); as amended by Final Rulemaking published at 52 DCR 6834 (July 22, 2005); as amended by Final Rulemaking published at 65 DCR 2433 (March 9, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4603

17 DCMR § 4604 APPLICANTS EDUCATED IN THE FIFTH PATHWAY PROGRAM

4604.1 The Board may grant a license to practice medicine to an applicant in the Fifth Pathway Program who completed a foreign medical educational program not accredited by one of the accrediting bodies listed in § 4602.3(b) if the applicant does as follows:

(a) Meets all requirements of this chapter except for §§ 4602.1(b), 4602.3, and 4603; and

(b) Demonstrates to the satisfaction of the Board that the applicant's education and training are substantially equivalent to the requirements of this chapter and the Act in ensuring that the applicant has the proper training, experience, and qualifications to practice medicine by submitting the documentation required by this section.

4604.2 An applicant under this section shall furnish proof satisfactory to the Board that the applicant meets the following requirements:

(a) Was a resident of the United States during the period of enrollment in the foreign medical school;

(b) Has successfully completed the didactic curriculum of a foreign medical school listed in a directory of medical schools published by the World Health Organization;

(c) Has attained a passing grade on the Foreign Medical Graduate Examination in the Medical Sciences (FMGEMS);

(d) Has completed one (1) year of individually supervised clinical training under the direction of a medical school accredited by the LCME at a level satisfactory to the Board; and

(e) Possesses a valid Fifth Pathway Program certificate.

4604.3 An applicant under this section shall arrange for a transcript of the applicant's medical education record to be sent directly from the educational institution to the Board.

4604.4 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a notarized translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 35 DCR 5999, 6003 (August 5, 1988).

17 DCMR § 4605 NATIONAL EXAMINATIONS

4605.1 To qualify for a license by examination, an applicant shall receive a passing score on the Federation Licensing Examination (FLEX), the National Board of Medical Examiners Examination (NBME), or the United States Medical Licensing Examination (USMLE).

4605.2 The applicant who took the FLEX prior to January 1, 1985, shall have attained a passing score of a FLEX weighted average score of seventy-five (75) or higher at a single sitting.

4605.3 An applicant taking the FLEX on or after January 1, 1985, shall take both components of the FLEX at a single sitting if the applicant is taking the examination for the first time. Thereafter, an applicant who has not passed the FLEX may take one (1) or both components of the FLEX at subsequent sittings.

4605.4 An applicant taking the FLEX on or after January 1, 1985, shall have attained a passing score of a FLEX seventy-five (75) or higher on both components of the examination.

4605.5 An applicant who has not attained a passing score described in § 4605.2 or § 4605.4 on both components of the FLEX examination after three (3) attempts shall complete one (1) additional year of postgraduate clinical training that meets the requirement of § 4602.4 before being eligible to take the examination again.

4605.6 An applicant who has not attained a passing score described in § 4605.2 or § 4605.4 on both components of the FLEX examination after six (6) attempts shall not be eligible for a license in the District by examination or other means.

4605.7 For purposes of §§ 4605.5 and 4605.6, the term "an attempt" means each time an applicant sits for the FLEX examination, regardless of how many components the applicant takes.

4605.8 An applicant who is relying on the FLEX examination administered in another jurisdiction as a qualifying examination shall receive under sitting requirements identical to applicants taking the examination in the District a passing score of the following:

(a) A FLEX weighted average of seventy-five (75) if the examination was taken prior to January 1, 1985; or

(b) A FLEX seventy-five (75) on both components of the examination if the examination was taken after January 1, 1985.

4605.9 An applicant who is relying on the NBME examination shall be a diplomat of the National Board of Medical Examiners.

4605.10 An applicant who is relying on the USMLE shall have successfully passed Steps 1, 2, and 3.

4605.11 An applicant taking Step 3 of the USMLE shall furnish proof satisfactory to the Board that the applicant:

(a) Has passed Steps 1 and 2 of the USMLE; and

(b) Has completed at least six months of a program of postgraduate clinical training that meets the requirements of Section 4602.4.

4605.12 An applicant who has not obtained a passing score on Step 3 of the USMLE after three (3) attempts shall complete one (1) additional year of postgraduate clinical training that meets the requirements of Section 4602.4 before being eligible to take Step 3 again.

4605.13 An applicant shall complete all remaining portions of the USMLE within seven (7) years after passing Step 1 or Step 2 of the examination. However, the seven (7) year time frame may be extended at the discretion of the Board.

4605.14 Applicants applying for licensure by examination may rely on any of the examination combinations shown below, provided that an acceptable combination is completed prior to January 1, 2000.

Display Table

History

• SOURCE: Final Rulemaking published at 35 DCR 5999, 6004 (August 5, 1988); as amended by Final Rulemaking published at 42 DCR 5019 (September 1, 1995); as amended by Final Rulemaking published at 52 DCR 6834 (July 22, 2005).

17 DCMR § 4606 CONTINUING EDUCATION REQUIREMENTS FOR NONPRACTICING PHYSICIANS

4606.1 This section shall apply to the renewal of a license, the reactivation of the license of a physician in inactive status, or reinstatement of an expired license of an applicant who is not actively practicing medicine.

4606.2 [REPEALED].

4606.3 [REPEALED].

4606.4 An applicant for renewal, reactivation, or reinstatement of a license who has not been actively practicing medicine for a period of one (1) to five (5) years shall submit proof pursuant to § 4606.7 that the applicant has completed acceptable continuing medical education for each year after December 31, 1988, that the applicant has not been actively practicing medicine as follows:

(a) Twenty-five (25) hours of credit in continuing medical education meeting the requirements of Category 1;

(b) Twenty-five (25) hours of credit in continuing medical education meeting the requirements of either Category 1 or Category 2;

(c) Beginning with the renewal period ending December 31, 2018, two (2) AMA/PRA Category I or Category I-equivalent hours in cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) that meets the requirement of § 4607.4, and which shall count towards the hours required under paragraphs (a) and (b). Category I-equivalent hours shall be acceptable so long as they have been prescribed by the American Academy of Family Physicians or another entity approved by the Board;

(d) At least ten percent (10%) of the total required continuing medical education shall be in the subjects determined by the Director as public health priorities of the District, which shall be published every five (5) years or as deemed appropriate; and

(e) Pursuant to D.C. Official Code § 3-1205.10(b-1)(3), the requirements of D.C. Official Code § 3-1205.10(b)(4) are waived.

4606.5 An applicant for reactivation of an inactive license who has not been actively practicing medicine for five (5) or more years after December 31, 1988, shall submit proof pursuant to § 4606.7 that the applicant has completed, during a two-year (2) period immediately preceding the date of application, acceptable continuing medical education as follows:

(a) One (1) year of clinical training in a program accredited by the ACGME or the AOA; or

(b) The following:

(1) One hundred fifty (150) hours of credit in continuing medical education meeting the requirements of Category 1; and

(2) One hundred fifty (150) hours of credit in continuing medical education meeting the requirements of either Category 1 or Category 2.

4606.6 After December 31, 1990, a physician whose license has expired for five (5) or more years shall meet the requirements for obtaining an initial license under this chapter and the Act.

4606.7 An applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information:

(a) For claims for Category 1 credit:

(1) The name of the program, its location, a description of the subject matter covered;

(2) The dates on which the applicant attended the program;

(3) The hours of credit claimed; and

(4) Verification by the sponsor of completion, by signature or stamp.

(b) For claims for Category 2 credit:

(1) A description of the program or activity;

(2) The dates on which the applicant attended the program or activity;

(3) The location of the program or activity;

(4) The hours of credit claimed; and

(5) Verification by the applicant of attendance.

History

• SOURCE: Final Rulemaking published at 35 DCR 5999, 6005 (August 5, 1988); as amended by Final Rulemaking published at 53 DCR 4796 (June 16, 2006); as amended by Final Rulemaking published at 64 DCR 11054 (October 27, 2017); as amended by Final Rulemaking published at 67 DCR 2792 (March 13, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4606

17 DCMR § 4607 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

4607.1 The Board may, in its discretion, approve continuing education programs and activities that contribute to the knowledge, skills, and professional performance and relationships that a physician uses to provide services to patients, the public or the profession and which meet the other requirements of this section.

4607.2 To be acceptable for credit, a continuing medical education program or activity shall be limited in content to that body of knowledge and skills generally recognized and accepted by the medical profession as within the basic medical sciences, the discipline of clinical medicine, or the provision of health care to the public.

4607.3 The Board may approve continuing education program and activities for Category 1 credit, according to the following conditions:

(a) The programs and activities meet the requirements of §§ 4607.1 and 4607.2; and

(b) The programs and activities are through providers approved by:

(1) The Accreditation Council for Continuing Medical Education (ACCME);

(2) A state medical society; or

(3) A sponsoring organization or the American Osteopathic Association (AOA) that awards the program or activity with an American Medical Association Physicians Recognition Award (AWRA).

4607.4 Continuing medical education hours that are completed, pursuant to § 4606.4(c) of this chapter, in cultural competence and appropriate clinical treatment specifically for individuals who are LGBTQ shall, at a minimum, provide information and skills to enable a physician to care effectively and respectfully for patients who identify as LGBTQ, which may include:

Specialized clinical training relevant to patients who identify as LGBTQ, including training on how to use cultural information and terminology to establish clinical relationships;

Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors for patients who identify as LGBTQ;

Training that outlines the legal obligations associated with treating patients who identify as LGBTQ;

Best practices for collecting, storing, using, and keeping confidential, information regarding sexual orientation and gender identity;

Best practices for training support staff regarding the treatment of patients who identify as LGBTQ and their families;

Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that those who identify as LGBTQ may experience these systems in varying degrees of intensity; and

Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for patients who identify as LGBTQ.

History

• SOURCE: Final Rulemaking published at 35 DCR 5999 (August 5, 1988); as amended by Final Rulemaking published at 52 DCR 6835 (July 22, 2005); as amended by Final Rulemaking published at 64 DCR 11054 (October 27, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4607

17 DCMR § 4608 FOREIGN EDUCATED APPLICANTS OF CONCEDED EMINENCE

4608.1 The Board may grant a license to practice medicine to an applicant educated in a foreign country who is of recognized eminence and standing in a field of medicine or medical research in the international community, if the applicant:

(a) Successfully completed medical education at a foreign medical school which is recognized or accredited by the foreign country, the World Health organization, or other organization satisfactory, to the Board;

(b) Holds a foreign medical license or registration certificate, in good standing, issued by a foreign country on the basis of an acceptable governmental examination;

(c) Practiced medicine for at least ten (10) years in patient care (excluding the two (2) years of postgraduate clinical training), five (5) years of which occurred immediately preceding the date application is made to the Board;

(d) Successfully completed two (2) years of post-graduate clinical training in accordance with § 4602.4 of this chapter;

(e) Possesses a valid standard certificate from the Educational Commission for Foreign Medical Graduates (ECFMG);

(f) Meets the examination requirements of § 4608 of this chapter; and

(g) Has been the recipient of honors and awards, and recognition in the international medical community, for achievements, contributions, or advancements in the field of medicine or medical research as evidenced by (1) publications in recognized scientific, medical or medical research journals, including American peer review journals, (2) recipient or nominee for international or national awards for distinguished contributions to the advancement of medicine or medical research, or (3) acknowledgement of expertise from recognized American authorities in the applicant's field of medical specialty.

4608.2 An applicant under this section shall furnish proof satisfactory to the Board of successful completion or satisfaction of the requirements of section 4608.1, and shall provide documentation sufficient to support the application including, but not limited to, certified transcripts of the applicant's medical (or if applicable pre-medical) education, certified verification of licensure or registration to practice medicine in a foreign country, and a valid certificate from the ECFMG.

4608.3 An applicant under this section shall arrange to have certified transcripts of all medical and pre-medical, if applicable, education sent directly from the educational institution(s) to the Board.

4608.4 The Board may waive the educational transcript requirement of section 4608.3 on a showing of extraordinary hardship if the applicant is able to establish by substitute documentation that the applicant possesses the requisite education and degrees.

4608.5 If a document required by this section is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board, and shall submit a notarized translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 38 DCR 1653 (March 15, 1991).

17 DCMR § 4609 PHYSICIAN'S PROFILE

4609.1 An applicant for a initial license or renewal of a license to practice allopathic or osteopathic medicine shall provide to the Board of Medicine the following information within thirty (30) days from the date of the initial application or renewal or, change in the following information:

(a) The address and telephone number of the primary practice setting and all secondary practice settings with the percentage of time spent at each location;

(b) The names of medical or osteopathic schools and graduate medical education programs attended with dates of graduation or completion of training;

(c) The names and dates of specialty Board certification, if any, as approved by the American Board of Medical Specialties or the Bureau of Osteopathic Specialists of the American Osteopathic Association;

(d) The number of years in active, clinical practice in the United States or Canada following completion of medical training and the number of years, if any, in active, clinical practice outside the United States or Canada;

(e) The area of specialty, if any, in which the physician practices;

(f) The names of hospitals with which the physician is affiliated;

(g) Appointments, if applicable, within the past 10 years to medical schools faculties with the years of service and academic rank;

(h) Publications, not to exceed ten (10) in number, in peer-reviewed literature within the most recent five-year period, to be supplied at the physician's discretion;

(i) Access, if any, to translating services for non-English speaking patients at the primary and secondary practice setting and which, if any, foreign languages are spoken in the practice;

(j) Whether the physician participates in the District Medicaid and Medicare programs and whether he or she is accepting new Medicaid and Medicare patients, or D.C. Health Alliance;

(k) The names of insurances accepted by the physician, to be supplied at the physician's discretion;

(l) Information on misdemeanor and felony convictions including the date(s) of the conviction, the nature of the conviction, the jurisdiction in which the conviction occurred, and the sentence imposed, if any;

(m) Within the last ten (10) years, final orders of any regulatory board of another jurisdiction that resulted in the denial, probation, revocation, suspension, or restriction of any license or that resulted in the reprimand or censure of any licensure, fines imposed, or the voluntary surrender of a license while under investigation in a jurisdiction other than the District of Columbia, restriction or termination of privileges at a healthcare facility as a result of peer review action, as well as any disciplinary action taken by a federal health institution or federal agency; and

(n) The date, amount, and description of any medical malpractice payout made within the last ten (10) years.

History

• SOURCE: Final Rulemaking published at 52 DCR 10566 (December 2, 2005); as corrected by Errata Notice published at 59 DCR 1759 (March 2, 2012).

17 DCMR § 4610 LICENSE BY WAIVER OF NATIONAL EXAMINATION

4610.1 The Board shall waive the requirement of § 4605.1 for an applicant who meets the following requirements:

(a) Is a diplomate of the National Board of Medical Examiners;

(b) Is a diplomate of the National Board of Osteopathic Medical Examiners;

(c) Has passed the examination of the Licentiate of the Medical Council of Canada; or

(d) Holds a current license to practice medicine in good standing in a jurisdiction of the United States with requirements which are substantially equivalent to the requirements of the Act and this chapter after passing, prior to June 30, 1979, an examination constructed by the jurisdiction.

History

• SOURCE: Final Rulemaking published at 35 DCR 5999, 6009 (August 5, 1988).

17 DCMR § 4612 STANDARDS OF CONDUCT

4612.1 A licensed physician shall maintain a record for each patient that accurately reflects the evaluation and treatment of each patient. These records shall be kept for three (3) years after last seeing the patient, or three (3) years after a minor patient reaches eighteen (18) years of age.

4612.2 Subject to §§ 4612.3 and 4612.4, a licensed physician shall provide to a patient or the patient's representative a copy of the patient's medical record at the request of the patient or the patient's representative within 30 days of the request according to the following:

(a) A licensed physician may provide a summary report of the patient's medical record in Lieu of copying the record if the patient consents.

(b) A licensed physician may charge a reasonable fee for duplicating records and the fee may be required prior to providing the records in non-emergency situations.

4612.3 If a patient's record contains mental health information, as defined by § 101(11) of the District of Columbia Mental Health Information Act of 1978, D.C. Code § 6-2001(11), a licensed physician shall comply with the requirements of the Act in making a patient's records available to a patient or the patient's representative.

4612.4 A licensed physician shall not make available to a parent, guardian, or representative of a minor child a record of a minor child the disclosure of which without the child's consent is prohibited by law.

4612.5 A licensed physician shall not accept or perform professional responsibilities which the licensed physician is not competent to perform.

4612.6 A licensed physician shall not abandon a patient whose care a licensed physician has undertaken without giving notice to the patient far enough in advance of the discontinuation to allow the patient time to secure appropriate substitute care.

4612.7 A licensed physician shall not wilfully or carelessly disregard the health, welfare, or safety of a patient.

4612.8 A licensed physician shall conform to the prevailing standards of acceptable medical practice as determined by the Board or a peer review panel appointed by the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 5999, 6011 (August 5, 1988); as amended by: Final Rulemaking published at 52 DCR 6837 (July 22, 2005).

17 DCMR § 4613 CREDENTIALING

4613.1 The Board may accept credentialing documentation from commercial or professional credentialing services that are certified as primary sources by the Joint Commission on Accreditation of Healthcare Organizations (JCAT3O) or other organizations the Board approves in its discretion.

4613.2 Any credentialing organizations that desire to provide services to applicants shall be pre-approved by the Board.

4613.3 The Board may deny approval of any credentialing organizations through its discretion for the following reasons:

(a) The documents submitted for pre-approval are of poor quality;

(b) The organization has lost its certification as a primary source; and

(c) The Board is unable to verify the accuracy or authenticity of the credentials provided by the organization.

History

• SOURCE: Final Rulemaking published at 52 DCR 6834 (July 22, 2005).

17 DCMR § 4614 CONTINUING EDUCATION REQUIREMENTS FOR PRACTICING PHYSICIANS

4614.1 Subject to § 4614.2, this section shall apply to actively practicing applicants for the renewal or reinstatement of a license for a term expiring December 31, 2006, and for subsequent terms.

4614.2 Physicians actively practicing medicine in the District of Columbia shall submit proof of having completed fifty (50) American Medical Association Physician Recognition Award (AMA/PRA) Category I hours or Board of Medicine approved continuing education credit during the two-year period preceding the date the license expires. At least ten percent (10%) of the total fifty (50) hours of required continuing medical education shall include subjects determined by the Director as public health priorities of the District of Columbia, which shall be published every five (5) years or as deemed appropriate. The continuing education requirement:

Shall include, beginning with the renewal period ending December 31, 2018, two (2) AMA/PRA Category I or Category I-equivalent hours in cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) which meet the requirements of § 4614.9. Category I-equivalent hours shall be acceptable so long as they have been prescribed by the American Academy of Family Physicians or another entity approved by the Board; and

Pursuant to D.C. Official Code §§ 3-1205.10(b-1)(3), the requirements of D.C. Official Code § 3-1205.10(b)(4) are waived.

4614.3 For purposes of this section, a physician is actively practicing medicine if each calendar year the physician meets the following requirements:

(a) Maintains a practice of one thousand (1,000) patient-visits per year;

(b) Is employed full-time in medical teaching, research, or administration; or

(c) Is employed part-time in medical teaching, research, or administration and maintains a practice of five-hundred (500) patient-visits per year.

4614.4 An applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information:

(a) The name of the program, its location, and a description of the subject matter covered;

(b) The dates on which the applicant attended the program;

(c) The hours of credit claimed; and

(d) Verification of completion of the credits by signature or stamp of the sponsor.

4614.5 This section shall not apply to applicants for an initial license by national examination, reciprocity, or endorsement, nor shall it apply to applicants for the first renewal of a license granted by examination. Neither shall the requirement for continuing education apply to physicians specifically exempted due to:

(a) Hardship;

(b) Disability;

(c) Serious illness;

(d) Service in the United States Congress;

(e) Military service or other circumstances as the Board deems appropriate if supported by adequate documentation acceptable to the Board; and

(f) Postgraduate training pursuant to § 4611.

4614.6 Physicians seeking such an exemption shall submit a written request with appropriate documentation including a description of circumstances sufficient to justify such an exemption.

4614.7 A request for an exemption shall be submitted to the Board in a sufficient time period prior to the expiration of the license to receive a determination from the Board as to whether an exemption shall be granted.

4614.8 A physician suspended for disciplinary reasons shall not be exempt from the requirements of this section.

4614.9 Continuing medical education hours that are completed, pursuant to § 4614.2, in cultural competence and appropriate clinical treatment specifically for individuals who are LGBTQ shall, at a minimum, provide information and skills to enable a physician to care effectively and respectfully for patients who identify as LGBTQ, which may include:

Specialized clinical training relevant to patients who identify as LGBTQ, including training on how to use cultural information and terminology to establish clinical relationships;

Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors for patients who identify as LGBTQ;

Training that outlines the legal obligations associated with treating patients who identify as LGBTQ;

Best practices for collecting, storing, using, and keeping confidential, information regarding sexual orientation and gender identity;

Best practices for training support staff regarding the treatment of patients who identify as LGBTQ and their families;

Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that those who identify as LGBTQ may experience these systems in varying degrees of intensity; and

Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for patients who identify as LGBTQ.

History

• SOURCE: Final Rulemaking published at 53 DCR 4796 (June 16, 2006); as amended by Final Rulemaking published at 64 DCR 11054 (October 27, 2017); as amended by Final Rulemaking published at 67 DCR 2792 (March 13, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4614

17 DCMR § 4615 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

4615.1 Pursuant to §§ 4607.2, 4607.3, and 4607.5 the Board may, in its discretion, approve Category I continuing education programs and activities that contribute to the knowledge, skills, and professional performance and relationships that a physician uses to provide services to patients, the public or the profession and which meet the other requirements of this section.

4615.2 The Board shall periodically conduct a random audit of at least one percent (1%) of its active licensees to determine compliance. The physicians selected for the audit shall provide a completed Continuing Education Compliance Audit Form and all supporting documentation to the Board within thirty (30) days of receiving notification of the audit.

4615.3 Failure to comply with these continuing medical education requirements may subject the licensee to disciplinary action by the Board.

History

• SOURCE: Final Rulemaking published at 53 DCR 4796 (June 16, 2006).

17 DCMR § 4616 STANDARDS FOR THE USE OF CONTROLLED SUBSTANCES FOR THE TREATMENT OF PAIN

4616.1 A licensed physician shall prescribe, order, administer, or dispense controlled substances for pain only for a legitimate medical purpose based on accepted scientific knowledge of the treatment of pain or based on sound clinical grounds. All such prescribing shall be based on clear documentation of unrelieved pain and in compliance with applicable District or federal law.

4616.2 A licensed physician shall employ up-to-date treatment modalities in order to improve the quality of life for patients who suffer from pain as well as to reduce the morbidity and costs incurred by patients associated with untreated or inappropriately treated pain. For purposes of this section, "inappropriately treated pain" includes the following:

(a) Non-treatment;

(b) Under-treatment;

(c) Over-treatment; and

(d) The continued use of ineffective treatments.

4616.3 A licensed physician shall perform an evaluation of the patient by taking a complete medical history and performing a physical examination. The medical history and physical examination shall be documented in the medical record. The medical record shall contain a description of the following:

(a) The nature and intensity of the patient's pain;

(b) The patient's current and past treatments for pain;

(c) The patient's underlying or coexisting diseases or conditions;

(d) The effect of the pain on the patient's physical and psychological function;

(e) A history of the patient's substance abuse if applicable; and

(f) The presence of one or more recognized medical indications in the patient for the use of a controlled substance.

4616.4 A licensed physician shall maintain a written treatment plan which states the objectives used to determine treatment success, such as pain relief and improved physical and psychosocial function

4616.5 The treatment plan shall indicate if any further diagnostic evaluations or other treatments are planned.

4616.6 The physician shall adjust drug therapy to the individual medical needs of each patient after treatment begins.

4616.7 The physician shall consider other treatment modalities or a rehabilitation program if necessary depending on the etiology of the pain and the extent to which the pain is associated with physical and psychosocial impairment.

4616.8 The physician shall discuss the risks and benefits of the use of controlled substances with the patient, person(s) designated by the patient, or with the patient's surrogate or guardian if the patient is incompetent.

4616.9 If the patient is determined to be at high risk for medication abuse or have a history of substance abuse, the physician shall employ the use of a written agreement between the physician and patient outlining the patient's responsibilities, including, but not limited to:

(a) Urine/serum medication levels screening when requested;

(b) Number and frequency of all prescription refills; and

(c) Reasons for which drug therapy may be discontinued, such as violation of an agreement.

4616.10 The physician shall do the following:

(a) Review the course of treatment and any new information about the etiology of the pain at reasonable intervals based on the individual circumstances of the patient;

(b) Continue or modify the pain therapy depending on the physician's evaluation of the patient's progress;

(c) Reevaluate the appropriateness of continued treatment if treatment goals are not being achieved despite medication adjustments; and

(d) Monitor the patient's compliance in medication usage and related treatment plans.

4616.11 The physician shall refer the patient, as necessary, to another physician for additional evaluation and treatment in order to achieve treatment objectives. Special attention shall be given to those pain patients who are at risk for misusing their medications and those whose living arrangements pose a risk for medication misuse or diversion.

4616.12 The physician shall consult with or refer to an expert for management the following types of patients:

(a) Patients with a history of substance abuse; or

(b) Patients with comorbid psychiatric disorders that require extra care, monitoring, and documentation.

4616.13 The physician shall recognize that tolerance and physical dependence are normal consequences of sustained use of opioid analgesics and are not the same as addiction.

4616.14 The physician shall keep accurate and complete records that include, but are not limited to:

(a) The medical history and physical examination, including history of drug abuse or dependence, as appropriate;

(b) Diagnostic, therapeutic, and laboratory results;

(c) Evaluations and consultations;

(c) Treatment objectives;

(d) Discussion of risks and benefits;

(e) Treatments;

(f) Medications including date, type, dosage, and quantity prescribed;

(g) Instructions and agreements; and

(h) Periodic reviews.

4616.15 The physician shall maintain current records in an accessible manner that is readily available for review.

History

• SOURCE: Final Rulemaking published at 53 DCR 837 (February 10, 2006).

17 DCMR § 4618 TELEMEDICINE

4618.1 In order to practice telemedicine for a patient located within the District of Columbia, a license to practice medicine in the District of Columbia is required, except as specified in §§ 3-1205.01 and 3-1205.02 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq.). For any services rendered outside the District of Columbia, the provider of the services shall meet any licensure requirement of the jurisdiction in which the patient is physically located.

4618.2 In making medical decisions regarding a patient through the use of telemedicine, a physician shall adhere to the same standards of care as when making medical decisions in an in-person encounter with a patient. This includes, but shall not be limited to, the following:

(a) Obtaining and documenting patient consent, except when providing interpretive services;

(b) Creating and maintaining adequate medical records;

(c) Following requirements of the District of Columbia and federal laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA) and Health Information Technology for Economic and Clinical Health Act (HITECH), with respect to the confidentiality and disclosure of protected health information and medical records; and

(d) Adhering to requirements and prohibitions found in the Health Occupations Revision Act (D.C. Official Code §§ 3-1201.01 et seq.).

4618.3 A physician shall perform a patient evaluation to establish diagnoses and identify underlying conditions or contraindications to recommended treatment options before providing treatment or prescribing medication for a patient utilizing the appropriate standards of care, except when performing interpretive services.

4618.4 If a physician-patient relationship does not include a prior in-person interaction with a patient, the physician may use real-time telemedicine to allow a free exchange of protected health information between the patient and the physician to establish the physician-patient relationship and perform the patient evaluation.

4618.5 When providing interpretive services, the physician shall ensure that there is no clinically significant loss of data from image acquisition through transmission to final image display.

4618.6 A District of Columbia-licensed physician may rely on a patient evaluation performed by another District of Columbia-licensed physician if the former is providing coverage for the latter.

4618.7 In order to deliver services or treatment through telemedicine, a licensed practitioner shall have the current minimal technological capabilities to meet all standard of care requirements.

4618.8 Adequate security measures shall be implemented to ensure that all patient communications, recordings and records remain confidential.

4618.9 All relevant patient-physician, communications, including those done via an electronic method such as email or other electronic messaging system, shall be documented and filed in the patient's medical record.

4618.10 Patients shall be informed of alternate forms of communication between the patient and a physician for urgent matters.

4618.11 All licensees shall continue to be subject to the requirements of the Health Occupations Revision Act (D.C. Official Code, §§ 3-1201 et seq.), and the District of Columbia Municipal Regulations (17 DCMR §§ 4600 et seq.).

History

• SOURCE: Final Rulemaking published at 64 DCR 12952 (December 22, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4618

17 DCMR § 4621 INTERSTATE MEDICAL LICENSURE COMPACT

4621.1 The Interstate Medical Licensure Compact (IMLC) allows an eligible physician to become licensed in multiple states in a streamlined process. The Interstate Commission is the governing body of the IMLC. The District of Columbia is a member of the IMLC and able to license physicians pursuant to the IMLC.

4621.2 A physician licensed in the District of Columbia is eligible to apply for licensure pursuant to the IMLC if he or she:

Is a graduate of a medical school that is: (1) accredited by the Liaison Committee on Medical Education, (2) accredited by the Commission on Osteopathic College Accreditation, or (3) listed in the International Medical Education Directory or its equivalent;

Has passed each component of the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) within three (3) attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;

Has successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;

Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association’s Bureau of Osteopathic Specialists;

Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;

Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction. For the purpose of this section only, “offense” means a felony, gross misdemeanor, or crime of moral turpitude;

Has never held a license authorizing the practice of medicine that has been subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related to a license;

Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration; and

Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.

4621.3 A physician may designate the District of Columbia as the state of principal license for purposes of registration for expedited licensure through the IMLC if the physician possesses a full and unrestricted license to practice medicine in the District and the District of Columbia is:

The state of primary residence for the physician;

The state where at least twenty-five percent (25%) of the physician’s practice of medicine occurs;

The location of the physician’s employer; or

If no other state qualifies under paragraph (1), (2), or (3) of this subsection, the state designated as the physician’s state of residence for purposes of federal income tax.

4621.4 An eligible physician seeking licensure through the IMLC with the District of Columbia as his or her state of principal license shall file an application for an expedited license with the Board.

4621.5 A physician who changes his or her state of principal license from the District of Columbia, or who no longer meets the requirements for having the District of Columbia as their principal state of licensure, shall notify the Board of this change within thirty (30) days of the change

4621.6 The Board shall evaluate the application for an expedited license and issue a letter of qualification, verifying or denying the physician’s eligibility, to the Interstate Commission. The Board shall consider the following when evaluating an application of expedited license:

Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the Interstate Commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.

(b) The results of a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have a suitability determination in accordance with 5 CFR § 731.202.

(c) An appeal on the determination of eligibility shall be made in accordance with the requirements of § 4102.3 of this title.

4621.7 If the Board verifies the physician’s eligibility for an expedited license, the physician shall complete the registration process established by the Interstate Commission to receive a license in a member state, including the payment of any applicable fees.

4621.8 If the Board receives verification of eligibility and required fees for a physician applying through the Interstate Commission from a different state of principal license, the Board shall issue the physician an expedited license. This license shall authorize the physician to practice medicine in the District of Columbia pursuant to all applicable laws and regulations.

4621.9 An expedited license shall be valid for the same licensure period in the District of Columbia and in the same manner as required for other physicians holding a full and unrestricted license within the member District of Columbia.

4621.10 An expedited license obtained though the IMLC shall be terminated if a physician fails to maintain a license in the state of principal licensure for a nondisciplinary reason, without redesignating a new state of principal licensure.

4621.11 The Interstate Commission is authorized to develop additional rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.

4621.12 A physician seeking to renew an expedited license granted in the District of Columbia shall complete a renewal process with the Interstate Commission if the physician:

Maintains a full and unrestricted license in a state of principal license;

Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and

Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.

4621.13 Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by the District of Columbia.

4621.14 The Interstate Commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the District of Columbia.

4621.15 Upon receipt by the District of Columbia of the renewal fees collected in accordance with § 4621.14, the physician’s license shall be renewed.

4621.16 Physician information collected by the Interstate Commission during the renewal process will be distributed to the District of Columbia.

4621.17 The Interstate Commission is authorized to develop rules to address renewal of licenses obtained through the IMLC.

4621.18 When a physician licensed through the Interstate Compact has disciplinary action or an investigation taken against his or her license, the Board:

Shall report any public action or complaints to the Interstate Commission;

Shall report any nonpublic complaint, disciplinary or investigatory information in accordance with rules of the Interstate Commission, and may report any such information not required by rule;

Shall share complaint or disciplinary information about a physician upon request of another member board;

May participate with other member boards in joint investigations of physicians licensed by the member boards;

Shall deem any disciplinary action taken by a member board against a physician licensed through the Compact as unprofessional conduct which may be subject to discipline by the Board, whether or not such conduct constituted a violation of the District of Columbia Health Occupations Revision Act of 1985, D.C. Official Code §§ 3-1201.01 et seq. (HORA);

Shall automatically place the license status of a physician licensed through the Compact whose license in the state of principal license has been revoked, surrendered or relinquished in lieu of discipline, or suspended, in the same status without needing any further action;

Shall automatically suspend for ninety (90) days the license of a physician licensed through the Compact whose license in a member state has been revoked, surrendered or relinquished in lieu of discipline, or suspended, without needing any further action, in order to complete any investigation and take any other authorized action; and

May deem any disciplinary action taken by a member state against a physician licensed through the Compact conclusive as to matters of law and fact and take appropriate action.

History

• SOURCE: Final Rulemaking published at 67 DCR 204 (January 10, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4621

17 DCMR § 4699 DEFINITIONS

4699.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Applicant - a person applying for a license to practice medicine under this chapter.

Board - the Board of Medicine, established by § 203(a) of the Act (D.C. Official Code § 2-3302.3 (1987 Supp.)).

Category I - structured activities receiving an American Medical Association Physicians Recognition Award (AMA/PRA) that are designated by an organization approved by the Accreditation Council for Continuing Medical Education (ACCME) or the American Osteopathic Association (AOA).

Chronic pain - a pain state that is persistent.

Director – The Director of the Department of Health, or his or her designee.

In-person - Within the physical sight and presence of another person or persons.

Interpretive Services - Official readings of images, tracings, or specimens through telemedicine. Interpretive services include remote, real-time monitoring of a patient being cared for within a health care facility or home-based setting.

Licensed physician - a physician licensed under the Act.

Notice of privacy practices - A written statement that complies with all District and Federal laws.

Pain - an unpleasant sensory and emotional experience associated with actual or potential tissue damage or described in terms of such damage.

Physician - A licensed physician.

Physician-patient relationship - A relationship between a physician and a patient in which there is an exchange of an individual’s protected health information for the purpose of providing patient care treatment or services.

Postgraduate physician - a person who holds a degree in medicine or osteopathy who is enrolled in a postgraduate clinical training program prior to licensure in any jurisdiction in the United States.

Real-time - A system in which information is provided in such a way as to allow near immediate feedback.

Substance abuse - the use of any substance for non-therapeutic purposes or use of medication for purposes other than those for which it is prescribed.

Telemedicine - The practice of medicine by a licensed practitioner to provide patient care, treatment or services, between a licensee in one location and a patient in another location with or without an intervening healthcare provider, through the use of health information and technology communications, subject to the existing standards of care and conduct.

4699.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this title.

History

• SOURCE: Final Rulemaking published at 35 DCR 5999, 6012 (August 5, 1988); as amended by Final Rulemaking published at 53 DCR 837 (February 10, 2006); as amended by Final Rulemaking published at 53 DCR 4796, 4798 (June 16, 2006); as amended by Final Rulemaking published at 64 DCR 12952 (December 22, 2017); as amended by Final Rulemaking published at 67 DCR 2792 (March 13, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4699

17-47 ACUPUNCTURE

17 DCMR § 4700 GENERAL PROVISIONS

4700.1 This chapter shall apply to applicants for and holders of a license to practice acupuncture.

4700.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 46 (Medicine) of this title shall supplement this chapter.

4700.3 An applicant for a license under this chapter shall submit with a completed application one letter of reference from a physician or acupuncturist licensed in the United States, who has personal knowledge of the applicant's abilities and qualifications to practice acupuncture.

4700.4 The Board shall maintain a registry of licensed acupuncturists and shall make the registry available to the public for inspection.

History

• SOURCE: Final Rulemaking published at 36 DCR 7159 (October 13, 1989); as amended by Final Rulemaking published at 37 DCR 2747, 2749 (May 4, 1990); as amended by Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4700

17 DCMR § 4701 TERM OF LICENSE

4701.1 Subject to § 4701.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31st of each even-numbered year.

4701.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire in accordance with the system adopted by the Director.

History

• SOURCE: Final Rulemaking published at 36 DCR 7159 (October 13, 1989); as amended by Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4701

17 DCMR § 4702 EDUCATIONAL REQUIREMENTS

4702.1 An applicant under this section shall meet the education and training requirements for licensure by furnishing proof satisfactory to the Board that the applicant has met the requirements of §§ 4702 and 4703 in their entirety, unless the applicant is a licensed physician or chiropractor.

4702.2 In order to qualify for licensure, an applicant shall meet one of the following education requirements:

(a) Graduate from an acupuncture program, which meets the requirements of § 4702.5; or

(b) Complete either:

(1) An acupuncture program in another country that is the equivalent of an acupuncture program pursuant to § 4702.5; or

(2) An apprenticeship program approved by NCCAOM; and

(c) Successfully complete the Clean Needle Technique (CNT) course administered by the Council of Colleges of Acupuncture and Oriental Medicine (CCAOM).

4702.3 An individual who obtains his or her education in another country shall arrange for a transcript evaluating company recognized by NCCAOM to submit a credential evaluation directly to the Board.

4702.4 The credential evaluation required by § 4702.3 shall demonstrate that the applicant obtained a degree that is equivalent to an acupuncture program from a college or university in another country that is accredited in that country.

4702.5 An acupuncture program sufficient for licensure shall be accredited by the Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM) or another accrediting body recognized by the United States Department of Education. An applicant shall arrange for the acupuncture program to submit a certified transcript directly to the Board confirming that a diploma was awarded to the applicant.

4702.6 Any credentials required to be submitted pursuant to §§ 4702.2, 4702.3, or 4702.4, which are written in a language other than English shall be accompanied by a certified English translation prepared at the applicant's expense.

4702.7 A physician licensed in good standing in the District of Columbia may receive a license for acupuncture if he or she has completed three hundred (300) hours of training in acupuncture from programs approved by the American Board of Medical Acupuncture. At least one hundred (100) hours must be in clinical training.

4702.8 A chiropractor licensed in good standing in the District of Columbia may receive an ancillary procedures certification for acupuncture pursuant to the requirements of § 4803 of Chapter 48 (Chiropractic), of this title.

History

• SOURCE: Final Rulemaking published at 36 DCR 7159 (October 13, 1989); as amended by Final Rulemaking published at 37 DCR 2747 (May 4, 1990): as amended by Final Rulemaking published at 66 DCR 7413 (June 21, 2019); as amended by Final Rulemaking published at 67 DCR 12435 (October 23, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4702

17 DCMR § 4703 CREDENTIALS REQUIRED FOR LICENSURE

4703.1 At the time of application, an applicant shall submit to the Board:

(a) A completed application form prescribed by the Board; and

(b) For applicants who are not licensed physicians in the District of Columbia, proof that the applicant has passed the English version of the NCCAOM examination prior to June 1, 2004, or if taken after June 1, 2004, proof that the applicant has passed each of the following modules of the NCCAOM examination:

(1) Foundations of Oriental Medicine;

(2) Acupuncture with point location; and

(3) Biomedicine.

(c) If an applicant’s entire education (high school, college, or university and acupuncture program) was conducted in a language other than in English, proof that the applicant has achieved a passing score on the Test of English as a Foreign Language (TOEFL) examination; and

(d) Proof that the applicant has completed the educational requirements of § 4702.

4703.2 Any credentials required to be submitted pursuant to § 4703.1, which are written in a language other than in English shall be accompanied by a certified English translation prepared at the applicant’s expense.

History

• SOURCE: Final Rulemaking published at 36 DCR 7159 (October 13, 1989); as amended by Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4703

17 DCMR § 4704 PROHIBITED TITLES

4704.1 An acupuncturist who is not a licensed physician shall not represent that he or she has a doctoral degree in the field of acupuncture and/or Oriental medicine, or use the title “doctor” or “Dr.,” unless the educational program that awarded the person’s doctoral degree is:

(a) Approved by the ACAOM or is a college or university that is accredited by a regional accrediting agency recognized by the United States Department of Education; or

(b) Approved by the ministry of education of a foreign country to grant doctoral degrees.

4704.2 A person who uses the title “doctor” or “Dr.” pursuant to § 4704.1 shall indicate that the doctoral degree is in acupuncture and/or Oriental medicine.

4704.3 An acupuncturist shall not represent that he or she has a master’s degree in the field of acupuncture and/or Oriental medicine unless the education program that awarded his or her master’s degree is:

(a) Approved by the ACAOM or is a college or university that is accredited by a regional agency recognized by the United States Department of Education; or

(b) Approved by the ministry of education of a foreign country to grant master’s degrees.

4704.4 An acupuncturist who has a doctoral or master’s degree in a field other than acupuncture and/or oriental medicine may, in advertising or other materials visible to the public pertaining to the acupuncturist's practice, include this degree provided that the field in which the degree was awarded is specified without using an abbreviation and the doctoral or master’s degree was obtained from an educational program, which meets the requirements of §§ 4704.1 or 4704.3.

4704.5 An acupuncturist who is not a licensed physician and has a doctorate in a field other than acupuncture or oriental medicine shall not use the title "doctor" in advertising or other materials visible to the public pertaining to the acupuncturist's acupuncture practice.

4704.6 An acupuncturist who does not have an Acupuncture/Chinese Herbology license shall not identify him or herself as practicing Chinese Herbology unless they are a person who qualifies for Acupuncture/Chinese Herbology under the requirements of § 4707.2 and they are within the two-year period following the implementation of these rules.

4704.7 Only individuals who have met the requirements of this chapter and are licensed acupuncturists may represent themselves as providing acupuncture or acupuncture treatment.

History

• SOURCE: Final Rulemaking published at 36 DCR 7159 (October 13, 1989); as amended by Final Rulemaking published at 37 DCR 2747 (May 4, 1990); as amended by Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4704

17 DCMR § 4705 INFORMED CONSENT

4705.1 The acupuncturist shall fully disclose to the patient such information as will enable the patient to make an evaluation of the nature of the treatment and of any attendant risks. The acupuncturist shall obtain, and maintain as part of his or her patient records, informed written consent from the patient before beginning acupuncture treatment.

4705.2 A licensed acupuncturist shall advise every patient that any care, treatment and services provided within the scope of the acupuncturist’s practice is not a substitute for care, treatment and services provided by a licensed physician regarding the patient's condition.

4705.3 A licensed acupuncturist shall maintain as part of his or her patient records a form, with the date and the signatures of the patient and the licensed acupuncturist, indicating that the licensed acupuncturist has advised the patient as required under § 4705.2 and shall provide a copy of this form to the patient.

History

• SOURCE: Final Rulemaking published at 36 DCR 7159 (October 13, 1989); as amended by Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4705

17 DCMR § 4706 SCOPE OF PRACTICE

4706.1 The use of any of the following to effect therapeutic change is within the scope of practice of licensed acupuncturists and shall be performed only by acupuncturists licensed by the Board, or individuals otherwise permitted to use these devices pursuant to D.C. Official Code §§ 3-1201 et seq.:

(a) Needles;

(b) Moxibustion;

(c) Teishin (pressure needles); and

(d) Electroacupuncture (current applied to inserted needles).

4706.2 Licensed acupuncturists may, in addition to the methods listed in § 4706.1, use any of the following as part of his or her professional practice:

(a) Acupatches;

(b) Acuform;

(c) Manual acutotement (stimulation by an instrument that does not pierce the skin);

(d) Acupressure;

(e) Cupping;

(f) Gua sha scraping techniques;

(g) Cold laser used for needle-less acupuncture;

(h) Tuina;

(i) Massage, bodywork and somatic therapy;

(j) Ultrasonic;

(k) Thermal methods;

(l) Magnetic stimulation;

(m) Breathing techniques;

(n) Therapeutic exercise and techniques;

(o) Oriental dietary therapy;

(p) Lifestyle and behavioral education;

(q) Percutaneous and transcutaneous electrical nerve stimulation;

(r) Qigong;

(s) Biofeedback and other devices that utilize color, light, sound, and electromagnetic energy for therapeutic purposes;

(t) Diagnostic, assessment and treatment techniques that are taught in ACAOM-approved schools and through NCCAOM-approved continuing education courses and which assist in acupuncture and Oriental medicine diagnosis, corroboration, and monitoring of a treatment plan or in making a determination to refer a patient to another healthcare provider;

(u) Taiji;

(v) Energetic therapy; and

(w) Ashi acupuncture/dry needling.

4706.3 Licensed acupuncturists may recommend to patients the use of:

(a) Meditation; and

(b) Legal products intended to facilitate health, such as:

(1) Homeopathic medicine that is recognized in the official Homeopathic Pharmacopoeia of the United States;

(2) Vitamins;

(3) Minerals;

(4) Enzymes;

(5) Glandulars;

(6) Amino acids;

(7) Nonprescription substances; and

(8) Nutritional or dietary supplements including botanical, mineral, or animal substances that meet Food and Drug Administration labeling requirements, 21 CFR part 101.36, unless otherwise prohibited by State or Federal law.

4706.4 Licensed acupuncturists may use the following when providing acupuncture:

(a) Solid filiform needles;

(b) Dermal needles;

(c) Plum blossom needles;

(d) Intradermal/press needles;

(e) Prismatic needles;

(f) Lancets; and

(g) Non-insertive pressure needles.

4706.5 Licensed acupuncturists shall not use the following when providing acupuncture:

(a) Staples;

(b) Hypodermic needles; and

(c) Subcutaneous permanently implanted needles or sutures.

4706.6 The only licensed acupuncturists who may practice Chinese Herbology are those qualified to do so under § 4707.

4706.7 Licensed acupuncturists may offer and provide to a patient, at fair market value, goods and devices related to the practice of acupuncture.

History

• SOURCE: Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4706

17 DCMR § 4707 CHINESE HERBOLOGY (ACUPUNCTURE/CHINESE HERBOLOGY)

4707.1 Except as set forth in § 4707.2, a licensed acupuncturist shall practice Chinese Herbology only if he is licensed by the Board in Acupuncture/Chinese Herbology.

4707.2 Except for those who qualify as set forth in § 4707.3, licensure as Acupuncture/Chinese Herbology requires the following:

(a) Current certification in Chinese Herbology or Oriental Medicine from the NCCAOM; or

(b) Successful completion of an acupuncture program and an herbology program accredited by the ACAOM, or can provide proof satisfactory to the Board that he or she has completed four hundred fifty (450) hours of education and/or training in Herbology, one hundred twenty (120) hours of which must have been in supervised clinical practice; and

(c) Successfully passed the NCCAOM Chinese Herbology examination.

4707.3 A licensed acupuncturist who obtained his or her license on or before the effective date of these regulations may obtain an Acupuncture/Chinese Herbology license to practice Chinese Herbology if he or she:

(a) Was educated outside the United States and can provide transcripts from a foreign institution that documents training in Chinese Herbology; or

(b) Has practiced Chinese Herbology for a minimum of five (5) years prior to the effective date of these regulations and has completed at least ten (10) hours of continuing education in Chinese Herbology or related courses in the two (2) year period prior to receiving the Acupuncture/Chinese Herbology license; and

(c) Applies for and receives his or her Acupuncture/Chinese Herbology license within two (2) years of the effective date of these regulations.

4707.4 A licensed acupuncturist who is permitted to practice Chinese Herbology pursuant to § 4707.1 shall complete at least ten (10) hours of continuing education related to the practice of Chinese Herbology as part of the thirty (30) hours of continuing education he or she is required to complete pursuant to § 4710.

History

• SOURCE: Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4707

17 DCMR § 4708 MANDATORY USE OF DISPOSABLE NEEDLES

4708.1 A licensed acupuncturist shall use only sterile, disposable needles in performing any care, treatment or service on a patient.

4708.2 Used disposable acupuncture needles shall be placed in a rigid, puncture-proof, sealable container. The container shall be sealed and labeled as a disposal container and shall be labeled as bio-hazardous material. The disposal container shall be wiped with a disinfectant if blood or other bodily fluids are spilled on the outside of the container. The acupuncturist shall dispose of the container pursuant to the requirements of the District of Columbia and federal laws governing the disposal of medical waste and biohazard materials.

History

• SOURCE: Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4708

17 DCMR § 4709 PREPARATION OF PATIENT RECORDS; ELECTRONIC RECORDS; ACCESS TO OR RELEASE OF INFORMATION; CONFIDENTIALITY; TRANSFER OR DISPOSAL OF RECORDS

4709.1 The following words and terms, as used in this section, shall have the following meanings unless the context clearly indicates otherwise:

(a) "Authorized representative" means a person who has been designated by the patient or a court to exercise rights under this section. An authorized representative may be the patient's attorney or an employee of an insurance carrier with whom the patient has a contract which provides that the carrier be given access to records to assess a claim for monetary benefits or reimbursement. If the patient is a minor, a parent or guardian who has custody (whether sole or joint) shall be deemed to be an authorized representative.

(b) "Patient" means any person who is the recipient of acupuncture.

4709.2 Acupuncturists shall prepare contemporaneous, permanent professional treatment records. Acupuncturists shall also maintain records relating to billings made to patients and third party carriers for professional services. All treatment records, bills, and claim forms shall accurately reflect the treatment or services rendered. Treatment records shall be maintained for a period of three years from the date of the most recent entry.

(a) To the extent applicable, professional treatment records shall reflect:

(1) The dates of all treatments;

(2) The patient complaint;

(3) The history;

(4) Progress notes;

(5) Any orders for tests or consultations and the results thereof;

(6) Documentation indicating that informed consent was given by the patient;

(7) Findings from examinations;

(8) If a physician or other licensed health care practitioner has referred a patient for acupuncture, an indication that a referral or diagnosis was made, including the name of the referring professional; and

(9) Documentation of any recommendations made to a patient for the use of practices or products that facilitate health.

(b) Corrections or additions may be made to an existing record, provided that each change is clearly identified as such, dated and initialed by the licensee;

(c) A patient record that is prepared and maintained electronically shall be prepared and maintained as follows:

(1) The patient record shall contain at least two forms of identification, for example, name and record number or any other specific identifying information;

(2) The entry made by the acupuncturist shall be made contemporaneously with the treatment and shall contain the date of service, date of entry, and full printed name of the treatment provider. The acupuncturist shall finalize or "sign" the entry by means of a confidential personal code ("CPC") and include date of the "signing";

(3) The acupuncturist may dictate a dated entry for later transcription. The transcription shall be dated and identified as "preliminary" until reviewed, finalized and dated by the acupuncturist as provided in § 4709.2(c)(2);

(4) The electronic record system shall contain an internal permanently activated date and time recordation for all entries, and shall automatically prepare a back-up copy of the file;

(5) The electronic record system shall be designed in such manner that after "signing" by means of the CPC, the existing entry cannot be changed in any manner. Notwithstanding the permanent status of a prior entry, a new entry may be made at any time and may indicate correction to a prior entry;

(6) Where more than one acupuncturist is authorized to make entries into the electronic record of a patient, the acupuncturist responsible for the acupuncture practice shall assure that each such person obtains a CPC and uses the file program in the same manner; and

(7) A copy of each day's entry, identified as preliminary or final as applicable, shall be made available to a physician responsible for the patient's care or to a representative of the Board, no later than ten (10) days after a request for the record, or to a patient within thirty (30) days of the request or promptly in the event of emergency.

4709.3 Acupuncturists shall provide access to professional treatment records to a patient or the patient’s authorized representative in accordance with the following:

(a) No later than thirty (30) days from receipt of a request from a patient or an authorized representative, the acupuncturist shall provide a copy of the professional treatment record, and/or billing records as may be requested. The record shall include all pertinent objective data including test results as applicable, as well as any subjective information.

(b) Unless otherwise required by law, an acupuncturist may, if a patient requests, provide a summary of the record in lieu of providing a photocopy of the actual record, so long as that summary adequately reflects the patient's history and treatment. An acupuncturist may charge a reasonable fee for the preparation of a summary, which has been provided in lieu of the actual record, which shall not exceed the cost allowed by § 4709.3(c) for that specific record.

(c) Acupuncturists may require that a record request be in writing and may charge a reasonable fee for the reproduction of records.

(d) If the patient or a subsequent treating health care professional is unable to read the treatment record, either because it is illegible or prepared in a language other than English, the acupuncturist shall provide a transcription at no cost to the patient.

(e) The acupuncturist shall not refuse to provide a professional treatment record on the grounds that the patient owes the licensee an unpaid balance if the record is needed by another health care professional for the purpose of rendering care.

4709.4 Acupuncturists shall maintain the confidentiality of professional treatment records,except that:

(a) The acupuncturist shall release patient records as directed by a subpoena issued by the Board. Such records shall be originals, unless otherwise specified, and shall be unedited, with full patient names. To the extent that the record is illegible, the acupuncturist, upon request, shall provide a typed transcription of the record. If the record is in a language other than English, the acupuncturist shall also provide a certified translation.

(b) The acupuncturist shall release information as required by law or regulation.

(c) The acupuncturist, in the exercise of professional judgment and in the best interests of the patient (even absent the patient's request), may release pertinent information about the patient's treatment to another licensed health care professional who is providing or has been asked to provide treatment to the patient, or whose expertise may assist the acupuncturist in his or her rendition of professional services.

4709.5 Where the patient has requested the release of a professional treatment record or a portion thereof to a specified individual or entity, in order to protect the confidentiality of the records, the acupuncturist shall:

(a) Secure and maintain a current written authorization, bearing the signature of the patient or an authorized representative;

(b) Assure that the scope of the release is consistent with the request; and

(c) Forward the records to the attention of the specific individual identified or mark the material "Confidential."

4709.6 If an acupuncturist ceases to engage in practice or it is anticipated that he or she will remain out of practice for more than three (3) months, the acupuncturist or designee shall:

(a) Establish a procedure by which patients can obtain a copy of the treatment records or acquiesce in the transfer of those records to another licensee who is assuming responsibilities of the practice. However, an acupuncturist shall not charge a patient, pursuant to § 4709.3(c), for a copy of the records, when the records will be used for purposes of continuing treatment or care.

(b) Make reasonable efforts to directly notify any patient treated during the six months preceding the cessation, providing information concerning the established procedure for retrieval of records.

History

• SOURCE: Final Rulemaking published at 36 DCR 7159 (October 13, 1989); as amended by Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4709

17 DCMR § 4710 CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS

4710.1 In order to renew a license, an acupuncturist shall confirm on the renewal application that he or she has completed at least thirty (30) hours of continuing education. At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website. The continuing education shall be conducted through any of the following continuing education methods:

(a) Successfully completing a continuing education course that has been approved by NCCAOM or by boards or committees regulating acupuncture in other states;

(b) Successfully completing up to fifteen (15) hours of a distance learning course approved by NCCAOM; or

(c) Successfully completing continuing education courses or programs that are pre-approved by the Board.

4710.2 Beginning with the renewal period ending December 31, 2018, two (2) of the thirty (30) hours of approved continuing education shall relate to cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) and shall meet the requirement of § 4710.1. Continuing education hours that are completed in cultural competence and appropriate clinical treatment specifically for individuals who are LGBTQ shall, at a minimum, provide information and skills to enable a licensed acupuncturist to care effectively and respectfully for patients who identify as LGBTQ, which may include:

Specialized clinical training relevant to patients who identify as LGBTQ, including training on how to use cultural information and terminology to establish clinical relationships;

Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors for patients who identify as LGBTQ;

Training that outlines the legal obligations associated with treating patients who identify as LGBTQ;

Best practices for collecting, storing, using, and keeping confidential, information regarding sexual orientation and gender identity;

Best practices for training support staff regarding the treatment of patients who identify as LGBTQ and their families;

Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that those who identify as LGBTQ may experience these systems in varying degrees of intensity; and

Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for patients who identify as LGBTQ.

4710.3 The Board may approve upon consultation with, and advice from, the Advisory Committee on Acupuncture continuing education credits obtained through methods other than described in § 4710.1.

(a) A licensed acupuncturist may accrue no more than a combined total of six (6) hours of continuing education credits under § 4710.3(b) as part of the overall requirement of thirty (30) hours of continuing education required in § 4710.1;

(b) The methods through which a licensed acupuncturist may obtain continuing education credits other than as described in § 4710.1 are as follows:

(1) Pro bono activities consisting of work for the provision of acupuncture services provided through an organization offering humanitarian services to:

(A) Victims of an emergency situation or catastrophic disaster area;

(B) Low income or underserved areas or populations in the District;

(C) Special needs populations in the District; or

(D) Active duty military personnel in the United States Armed Services.

(2) A licensed acupuncturist may accrue a maximum of three (3) hours of continuing education credit for pro bono activities, only upon the following conditions:

(A) Upon completion of the pro bono activity, the licensed acupuncturist shall obtain from the facility written documentation of completion of pro bono hours including:

(i) The name of the facility;

(ii) The address where the pro bono work was provided;

(iii) The type of work that was done;

(iv) The number of hours of actual work provided for which the licensee desires credit hours; and

(v) A statement guaranteeing that the work provided no financial benefit to licensee.

(3) Publishing a research-based article in a nationally recognized, peer-reviewed journal for which a licensed acupuncturist may accrue no more than three hours of continuing education credit.

History

• SOURCE: Final Rulemaking published at 66 DCR 7413 (June 21, 2019); as amended by Final Rulemaking published at 67 DCR 887 (January 31, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4710

17 DCMR § 4711 REENTRY TO PRACTICE

4711.1 In the event a licensed acupuncturist is absent from the clinical practice of acupuncture for more than two consecutive years, the acupuncturist shall comply with a re-entry plan as determined by the Board according to the Board’s policy (as amended from time to time) on re-entry to active practice.

History

• SOURCE: Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4711

17 DCMR § 4712 [RESERVED]

History

• SOURCE: Final Rulemaking published at 36 DCR 7159 (October 13, 1989); as amended by Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4712

17 DCMR § 4713 [RESERVED]

History

• SOURCE: Final Rulemaking published at 36 DCR 7159 (October 13, 1989); as amended by Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4713

17 DCMR § 4714 [RESERVED]

History

• SOURCE: Final Rulemaking published at 36 DCR 7159 (October 13, 1989); as amended by Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4714

17 DCMR § 4715 [RESERVED]

History

• SOURCE: Final Rulemaking published at 36 DCR 7159 (October 13, 1989); as amended by Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4715

17 DCMR § 4716 DUTIES OF ADVISORY COMMITTEE ON ACUPUNCTURE

4716.1 The Committee shall advise the Board on all matters pertaining to this chapter.

4716.2 The Committee shall provide the Board with substantive assistance in the Board’s review of complaints and further assist the Board in responding to questions about acupuncturists and acupuncture practice referred to the Committee by the Board and make recommendations to the Board regarding the appropriate action to be taken.

4716.3 At the request of the Board, the Committee shall make its members available to testify at hearings and participate in settlement conferences involving an acupuncturist.

4716.4 The Committee shall submit to the Board an annual report of its activities.

History

• SOURCE: Final Rulemaking published at 36 DCR 7159 (October 13, 1989); as amended by Final Rulemaking published at 66 DCR 7413 (June 21, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4716

17 DCMR § 4799 DEFINITIONS

4799.1 As used in this chapter, the following terms shall have the meanings ascribed:

ACAOM - Accreditation Commission for Acupuncture and Oriental Medicine.

Act - the District of Columbia Health Occupations Revisions Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq.).

Acupuncture program - a course of study in acupuncture that is at least three (3) years long and which is in addition to and separate from a baccalaureate degree program.

Acupuncturist - an individual licensed by the Board to perform acupuncture services.

Adjunctive therapies - those practices taught in ACAOM-approved schools and through NCCAOM-approved continuing education courses that are complementary to the performance of acupuncture.

Applicant - a person applying for a license to practice acupuncture under this chapter.

Board - the Board of Medicine, established by § 203(a) of the Act (D.C. Official Code § 3-1202.03(a)).

Chinese Herbology - the administration or recommendation of botanical, mineral, or animal substances, including prepared and raw forms of single herbs or formulas tailored to the individual patient, which often uses all parts of a plant. Chinese Herbology does not include the injection of herbs.

Committee - the Advisory Committee on Acupuncture, established by § 203(a)(2) of the Act (D.C. Official Code § 3-1202.03(a)(2)).

Director – The Director of the Department of Health, or his or her designee.

Electroacupuncture - the therapeutic use of weak electric currents at acupuncture loci to diagnose or to treat diseases or conditions.

Glandulars - non-prescriptive supplements that are derived from glands.

Gua sha - scraping applied to the surface of the skin with a round edged tool for therapeutic purposes.

Mechanical stimulation - stimulation on or near the surface of the body according to principles of Oriental medicine by means of apparatus or instrument.

Moxibustion - the therapeutic use of thermal stimulus on or near the surface of the body according to principles of Oriental medicine by burning artemisia alone or artemisia formulations.

NCCAOM - National Certification Commission for Acupuncture and Oriental Medicine.

Oriental dietary therapy - dietary and nutritional counseling and the recommendation of foods for therapeutic purposes.

Oriental medicine - a whole medical system originating in East Asia that aims to treat disease and support the body's ability to heal itself with a diverse range of traditional and modern therapeutic interventions.

Qigong - breathing techniques and exercises that promote health.

Sterilize or sterilization - the use of a physical or chemical procedure to destroy all microbial life including highly resistant bacterial endospores.

Surface stimulation - the application of purposeful stimuli to the surface of the body.

Tuina - a form of massage therapy based on traditional Oriental medical theories using or incorporating traction, manipulation of acupressure points, acupoint stimulation, and joint mobilization for therapeutic purposes.

4799.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 36 DCR 7159 (October 13, 1989); as amended by Final Rulemaking published at 66 DCR 7413 (June 21, 2019); as amended by Final Rulemaking published at 67 DCR 887 (January 31, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4799

17-48 CHIROPRACTIC

17 DCMR § 4800 GENERAL PROVISIONS

4800.1 This chapter shall apply to applicants for and holders of a license to practice chiropractic.

4800.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

4800.3 Notwithstanding anything in Chapter 40 to the contrary, the Board shall only accept applications for licensure by one of the following means:

(a) Examination;

(b) Reactivation of an inactive license;

(c) Reinstatement of an expired, suspended, or revoked license; or

(d) Reciprocity pursuant to § 4014.

4800.4 An applicant for a license to practice chiropractic shall submit with a complete application three (3) letters from chiropractors licensed in a jurisdiction of the United States in good standing who have personal knowledge of the applicant's abilities and qualifications to practice chiropractic.

History

• SOURCE: Final Rulemaking published at 35 DCR 6658 (September 2, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2750 (May 4, 1990); as amended by Final Rulemaking published at 49 DCR 6820 (July 19, 2002); as amended by Final Rulemaking published at 49 DCR 11237 (December 13, 2002); as amended by Final Rulemaking published at 50 DCR 3955 (May 23, 2003); as amended by Final Rulemaking published at 55 DCR 7937 (July 25, 2008). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4800

17 DCMR § 4801 TERM OF LICENSE

4801.1 Subject to § 4801.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31st of each even-numbered year.

4801.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birth date of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 6658, 6659 (September 2, 1988); as amended by Final Rulemaking published at 55 DCR 7937 (July 25, 2008). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4801

17 DCMR § 4802 EDUCATIONAL REQUIREMENTS

4802.1 Except as otherwise provided in this subtitle, an applicant shall furnish proof satisfactory to the Board, in accordance with § 504(b) of the Act, (D.C. Official Code § 3-1205.04(b)) (2006 Supp.), that the applicant has met the following requirements:

(a) Has successfully completed two (2) years of education at the baccalaureate level at a college or university accredited at the time of the applicant's attendance by the Secretary of the United States Department of Education or the Council on Postsecondary Education; and

(b) Has graduated from an educational program in the practice of chiropractic that:

(1) Consists of four (4) academic years of study;

(2) Includes five hundred (500) hours of practical clinical experience under the supervision of a chiropractor; and

(3) Is accredited at the time of the applicant's graduation by:

(A) The Council on Chiropractic Education (CCE); or

(B) The Straight Chiropractic Academic Standards Association (SCASA); or

(C) Any other specialized chiropractic accrediting agency listed with the U.S. Department of Education.

4802.2 An applicant shall submit with a completed application a certified transcript from educational institution(s) to the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 6658, 6659 (September 2, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2750 (May 4, 1990); as amended by Final Rulemaking published at 50 DCR 3955 (May 23, 2003); as amended by Final Rulemaking published at 55 DCR 7937, 7938 (July 25, 2008). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4802

17 DCMR § 4803 LICENSURE REQUIREMENTS AND QUALIFICATIONS FOR PHYSIOTHERAPY ANCILLARY PROCEDURES CERTIFICATION

4803.1 An applicant who has completed educational requirements may apply for licensure in the District of Columbia in the following manner:

(a) If the applicant graduated prior to September 1987 the applicant shall have successfully passed parts 1 and 2 of the national exam; or

(b) If the applicant graduated prior to January 1, 1996, but after September 1987, the applicant shall have successfully passed parts 1, 2, and 3 of the national examination; or,

(c) The applicant shall successfully pass the District of Columbia Chiropractic Exam and/or the National Boards SPEC Exam at the discretion of the D.C. Board of Chiropractic.

4803.2 An applicant applying for licensure under this section shall also comply with § 4805.1.

4803.3 In addition to the requirements provided in § 4802 for licensure, a chiropractor seeking to satisfy the requirements to qualify for physiotherapy ancillary procedures certification shall achieve a passing score on the national examination for the physiotherapy test areas equal to or greater than the score recommended by the National Board of Chiropractic Examiners (NBCE).

4803.4 In addition to the requirements provided in § 4802 for licensure, a chiropractor seeking to satisfy the requirements to qualify for acupuncture ancillary procedures certification shall:

Provide documentation of successful completion of three hundred (300) hours of training in the practice of acupuncture, of which at least one hundred (100) must be clinical; and

Achieve a passing score on the national examination for the acupuncture test areas equal to or greater than the score recommended by the National Board of Chiropractic Examiners (NBCE).

History

• SOURCE: Final Rulemaking published at 53 DCR 87 (January 6, 2006); as amended by Final Rulemaking published at 55 DCR 7938 (July 25, 2008); as amended by Final Rulemaking published at 58 DCR 8770 (October 14, 2011); as amended by Final Rulemaking published at 66 DCR 16384 (December 20, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4803

17 DCMR § 4804 NATIONAL EXAMINATION

4804.1 To qualify for a license by examination, an applicant shall receive a passing score on an examination administered by the National Board of Chiropractic Examiners (NBCE) (the national examination).

4804.2 An applicant shall submit with a completed application the applicant's national examination results, certified by the NBCE.

4804.3 The passing score on the national examination shall be the score recommended by the National Board of Chiropractic Examiners.

4804.4 The Board shall only consider examination results after the applicant has passed all parts of the examinations.

History

• SOURCE: Final Rulemaking published at 35 DCR 6658, 6660 (September 2, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2750 (May 4, 1990); as amended by Final Rulemaking published at 49 DCR 6820 (July 19, 2002); as amended by Final Rulemaking published at 49 DCR 11237 (December 13, 2002). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4804

17 DCMR § 4805 DISTRICT EXAMINATION

To qualify for a license under this chapter, an applicant, without exception shall receive a passing score on the District examination. The examination shall consist of written and/or oral tests on scope of practice, medical ethics and District law.

4805.2 [REPEALED].

4805.3 An applicant shall pass all parts of the national examination to be eligible to take the District examination, except as specified in Subsection 4803.1.

4805.4 The District examination may include questions on the following:

(a) The District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq. (2007 Repl.));

(b) Title 17, Chapter 48 of the District of Columbia Municipal Regulations;

(c) Title 17, Chapters 40 and 41 of the District of Columbia Municipal Regulations;

(d) Scope of practice; and

(e) Ethics and boundaries.

4805.5 The Board shall supply each applicant for examination by the Board with copies of the laws and rules on which the applicant will be tested thirty (30) days prior to the examination, unless waived by the applicant.

4805.6 A passing score on the District Examination shall be seventy-five percent (75%). After failing to obtain a score of at least seventy-five percent (75%) on two (2) successive District examinations, the applicant shall appear before the Board before being permitted to retake the examination a third time. In the event of a third failure, the applicant shall not be permitted to sit for a fourth attempt for a period of one (1) year. An applicant practicing under the supervision of a licensed chiropractor while waiting to sit for the District Examination, who twice fails the examination, shall have the pending application status suspended for a period of ninety (90) days.

4805.7 Pursuant to the Act, an applicant approved for an initial license to sit for the next scheduled examination may request the Board's permission to practice under the direct supervision of a District licensed chiropractor for a period not to exceed six (6) months.

History

• SOURCE: Final Rulemaking published at 35 DCR 6658, 6660 (September 2, 1988); as amended by Final Rulemaking published at 50 DCR 3955 (May 23, 2003); as amended by Final Rulemaking published at 55 DCR 7936 (July 25, 2008); as amended by Final Rulemaking published at 58 DCR 8770 (October 14, 2011); as amended by Final Rulemaking published at 63 DCR 13109 (October 21, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4805

17 DCMR § 4806 CONTINUING EDUCATION REQUIREMENTS

4806.1 Subject to § 4806.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a license.

4806.2 This section shall not apply to applicants for an initial license by examination, nor shall it apply to applicants for the first renewal of a license granted by examination.

4806.3 A continuing education credit shall be valid only if it is part of a program specified in § 4807.

4806.4 An applicant for renewal of a license expiring on December 31, 2020 and all subsequent licensure terms shall submit proof upon request of the Board pursuant to § 4806.7 of having completed thirty (30) hours of approved continuing education credit during the two (2) year period preceding the date the license expires that includes two (2) hours in cultural competence and appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression. Additionally, at least ten percent (10%) of the total required CME shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

4806.5 A person in inactive status, within the meaning of § 511 of the Act, may qualify for a license by submitting an application to reactivate a license and submitting proof, pursuant to § 4806.7, of having completed fifteen (15) hours of approved continuing education credit for each license year after December 31, 1990, that the applicant was in inactive status.

4806.6 To qualify for a license, an applicant for reinstatement of a license shall submit proof, pursuant to § 4806.7, of having completed fifteen (15) hours of approved continuing education credit for each year that the license was expired.

4806.7 At the request of the Board, an applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion by signature or stamp.

4806.8 An applicant for renewal of a license who fails to submit proof of having completed continuing education requirements by the date the license expires may renew the license up to sixty (60) days after expiration by submitting proof pursuant to § 4806.7 and by paying the required additional late fee.

4806.9 Upon submitting proof and paying the late fee, the applicants shall be deemed to have possessed a valid license during the period between the expiration of the license and the submission of the required documentation and payment of the late fee.

4806.10 If an applicant for renewal of a license fails to submit proof of completion of continuing education requirements as requested by the Board or pay the late fee within sixty (60) days after the expiration of applicant's license, the license shall be considered to have lapsed on the date of expiration.

4806.11 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew after expiration if the applicant's failure to submit proof of completion was for good cause. For purposes of this section, "good cause" includes the following:

(a) Serious and protracted illness of the applicant;

(b) The death or serious and protracted illness of a member of the applicant's immediate family.

History

• SOURCE: Final Rulemaking published at 35 DCR 6658, 6661 (September 2, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2750 (May 4, 1990); as amended by Final Rulemaking published at 55 DCR 7936 (July 25, 2008); as amended by Final Rulemaking published at 63 DCR 13109 (October 21, 2016); as amended by Final Rulemaking published at 66 DCR 16384 (December 20, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4806

17 DCMR § 4807 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

4807.1 The Board shall accept for credit continuing education programs provided or sponsored by the following:

(a) A chiropractic college accredited by the Council on Chiropractic

Education;

(b) The America Chiropractic Association;

(c) The International Chiropractors Association;

(d) The Federation of Chiropractic Licensing Boards Providers of Approved

Continuing Education (PACE) Program; or

(e) Approved by the District of Columbia Board of Chiropractic.

History

• SOURCE: Final Rulemaking published at 35 DCR 6658, 6662 (September 2, 1988); as amended by Final Rulemaking published at 50 DCR 3955 (May 23, 2003); as amended by Final Rulemaking published at 55 DCR 7942 (July 25, 2008); as amended by Final Rulemaking published at 63 DCR 13109 (October 21, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4807

17 DCMR § 4808 CONTINUING EDUCATION CREDITS

4808.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

History

• SOURCE: Final Rulemaking published at 35 DCR 6658, 6663 (September 2, 1988). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4808

17 DCMR § 4809 STANDARDS OF CONDUCT

4809.1 A licensee shall not engage in sexual conduct with a patient with whom he or she has a patient-chiropractor relationship.

4809.2 A patient-chiropractor relationship exists unless:

(a) Professional services are terminated and the patient receives written notice of the termination, whether the termination was initiated by the patient or licensee;

(b) The patient has been appropriately referred to another health professional in writing;

(c) The patient has accepted treatment by another health professional and the licensee documents the patient's chart prior to closing the file; or

(d) The patient has not received professional services for six (6) consecutive months and has not contacted the chiropractor for treatment.

4809.3 Sexual conduct includes the following:

(a) Any behavior, gestures, or verbal or nonverbal expressions, which may reasonably be interpreted as seductive or sexual in nature; and

(b) Sexual comments or discussion about a patient or a former patient that are not related to chiropractic care or treatment.

4809.4 A patient shall be provided with a private treatment room, as well as examination conditions, which prevent the exposure of the unclothed body of the patient unless it is necessary for the chiropractic exam or treatment.

4809.5 A licensee shall not engage in sexually harassing behavior in the practice of chiropractic of a single extreme act or multiple acts toward a patient, coworker, employee, student or supervisee whether or not such individual is in a subordinate position to the licensee or not.

4809.6 A licensee may have a chiropractor-patient relationship with a spouse, family member or an individual with whom he or she has a mutually committed relationship and perform chiropractic treatment, provided the treatment is within accepted standards of chiropractic care and the performance of the services are not utilized to exploit the patient for sexual arousal or sexual gratification.

4809.7 A licensee shall not seek or solicit sexual contact with a patient with whom he or she has a patient-chiropractic relationship or in exchange for professional services.

4809.8 A licensee may not raise the following defenses to any action under this section:

(a) The licensee was in love with or had affection for the patient; and

(b) The patient solicited or consented to the sexual contact with the licensee.

4809.9 A licensee shall exercise independent professional judgment in the treatment or evaluation of the patient regardless of whether the patient was referred by another healthcare provider.

4809.10 [REPEALED].

4809.11 A licensee shall prepare a written or verbal report for consultative purposes for another chiropractor, another healthcare provider, hospital or agency that currently provides or has provided service to the patient upon request.

4809.12 A licensee shall terminate a professional relationship with a patient shall in an appropriate and timely manner so as not to adversely impact the health of the patient.

4809.13 A licensee shall continue a professional relationship for emergency treatment with a current patient for a reasonable period of time to allow the patient time to obtain another healthcare provider.

4809.14 A licensee shall arrange for adequate coverage of his or her patients during absences when the chiropractor is unavailable to the patients.

4809.15 A licensee shall not:

(a) Accept a patient for treatment or continue with treatment when the treatment is unnecessary and the patient cannot be reasonably expected to benefit from treatment within normal standards of chiropractic care and consistent with the treatment philosophy of the treating chiropractor.

(b) Attempt to treat or make misrepresentations about his or her ability to treat patients beyond his or her scope of expertise and/or area of specialty certification.

(c) Refer a patient to a diagnostic or treatment facility or prescribe goods and services to be purchased from another facility, in which the chiropractor has a pecuniary interest, without first disclosing that interest in writing to the patient or third party payor.

4809.16 A licensee shall not make any false, misleading, or deceptive communication in any form of advertising nor shall the licensee utilize any form of advertising that has the capacity or tendency to deceive, mislead, or confuse the recipient in any manner including the following:

(a) Advertising that contains a misrepresentation of any fact including advertising that has the capacity or tendency to mislead, deceive, or confuse any potential recipient, either through false or misleading claims, or by failing to disclose relevant or material facts;

(b) Advertising that conveys the impression of professional superiority or other superior attributes that cannot be substantiated. A licensee shall not advertise that he or she has a certification or has attained diplomate status without having been conferred the title of diplomate or having received a certification;

(c) Advertising that has the capacity or tendency to create false or unjustified expectations of beneficial treatment or successful cures;

(d) Advertising that contains any guarantee of the results of any service;

(e) Advertising a service that the licensee is not licensed to perform in the District of Columbia;

(f) Advertising under a heading that may foster confusion about the professional status of the chiropractor or under a professional heading in which the chiropractor is not licensed; or

(g) Advertising a transaction that is in itself illegal.

History

• SOURCE: Final Rulemaking published at 53 DCR 87 (January 6, 2006); as amended by Final Rulemaking published at 55 DCR 7938 (July 25, 2008); as amended by Final Rulemaking published at 55 DCR 10139 (October 3, 2008); as amended by Final Rulemaking published at 63 DCR 13109 (October 21, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4809

17 DCMR § 4810 PRACTICE OF CHIROPRACTIC ASSISTANTS

4810.1 A chiropractic assistant may perform the following under the supervision of a licensed doctor of chiropractic:

(a) Case histories, if properly trained by the supervising chiropractor;

(b) Diagnostic testing, but must have specialized training by a program or institution listed in Subsection 4807.1;

(c) Therapeutic ancillary procedures, but must have specialized training by a program or institution listed in Subsection 4807.1, and in addition, have specific written instructions from the supervising licensed chiropractor with ancillary privileges; and

(d) The taking of x-rays, but must have specialized training by a program or institution listed in Subsection 4807.1, and in addition, have specific written instructions from the supervising licensed chiropractor.

4810.2 A chiropractic assistant may not perform the following:

(a) Any tasks requiring manipulative or adjustment techniques;

(b) The rendering of diagnostic results or interpretations; or

(c) Giving treatment advice without direct written orders from the Doctor of Chiropractic.

4810.3 A licensed doctor of chiropractic shall be fully responsible for all of the actions performed by the chiropractic assistant during the time of the supervision and is subject to disciplinary action for any violation of the Act or this chapter by the person supervised.

History

• SOURCE: Final Rulemaking published at 53 DCR 558 (January 27, 2006); as amended by Final Rulemaking published at 55 DCR 7945 (July 25, 2008). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4810

17 DCMR § 4811 SCOPE OF PRACTICE

4811.1 A chiropractor who is licensed to practice in the District of Columbia under the provisions of this chapter may provide the following chiropractic services:

(a) Locating, diagnosing, and analyzing subluxated vertebrae as follows:

(1) By x-ray of the spinal column;

(2) By physical examination; and

(3) By employing other non-invasive procedures such as MRI and CAT scan;

(b) Correcting vertebral subluxation displacement by applying specific localized force to the spine;

(c) Advising and instructing a patient about exercise, stress management, and nutrition;

(d) Referring a patient for specialized diagnostic testing, which may be necessary for chiropractic treatment or patient safety;

(e) Referring a patient to other healthcare practitioners as the chiropractor deems necessary; and

(f) Diagnosing and treating bodily articulations by means of manipulation or adjustments.

4811.2 A chiropractor who is certified by the Board to perform ancillary procedures pursuant to § 4803.3 may perform any physiotherapy for which the chiropractor has received specialized training at a program or institution listed in § 4807.1 provided the physiotherapy is preparatory or complementary to chiropractic care.

4811.3 A chiropractor not licensed to practice in the District of Columbia but who is licensed and in good standing in any other state, territory, or jurisdiction of the United States or any other nation or foreign jurisdiction may engage in the practice of chiropractic if he or she is employed or designated in his or her professional capacity by a sports or performing arts entity visiting the District of Columbia for a specific sports or performing arts event subject to the following restrictions and rules:

(a) The practice of chiropractic subject to this rule shall be limited to members, coaches, or official staff of the team or event for which that chiropractor is designated. If services are requested by a specific athlete or performer, the practice of chiropractic shall be limited to services performed for that individual only;

(b) The practice of chiropractic as authorized by this rule shall be limited to the designated venue of the event or designated treatment area for the event. The Board, in its discretion, may audit, review, or inspect the venue and chiropractic services rendered;

(c) A chiropractor practicing under the authority of this section may use only those practices and procedures that are within the scope of chiropractic practice in the District of Columbia as authorized by statute and the rules governing chiropractic practice in the District of Columbia; and

(d) Unless otherwise determined by the Board, the visiting chiropractor shall request and receive written permission from the Board at least sixty (60) days before the start of practice in the District, and the visiting chiropractor may practice chiropractic in the District no more than fourteen (14) days during any calendar year.

4811.4 A student enrolled at an approved chiropractic college may perform chiropractic procedures provided the student has successfully completed at least one (1) academic year of schooling and the chiropractic procedures are performed under the supervision and direction of an authorized instructor duly licensed to practice chiropractic in the District of Columbia.

4811.5 A student enrolled at an approved chiropractic college may perform chiropractic procedures at a location other than the premises of the chiropractic college at which the student is enrolled, provided the student has successfully completed a minimum of three (3) academic years of chiropractic college and has met all of the chiropractic college's requirements concerning its student/preceptor program. The chiropractic procedures performed by the student shall be performed under the supervision and direction of a Chiropractic Preceptor. A duly authorized instructor or Chiropractic Preceptor shall be within the immediate patient treatment area, the clinic proper, and available to the student at all times.

4811.6 A student performing chiropractic procedures at a location other than the premises of the chiropractic college at which the student is enrolled and under the supervision and direction of a Chiropractic Preceptor shall be known as a "Chiropractic Intern" and shall not represent him or herself to the public as a licensed Chiropractor or use terms such as "Chiropractor", "Doctor of Chiropractic" or "D.C."

4811.7 The Chiropractic Preceptor shall be approved by the Board before supervising a chiropractic student. To qualify as a Chiropractic Preceptor, the chiropractor shall:

(a) Be licensed to practice chiropractic in the District of Columbia for not less than five (5) years;

(b) Not have had any public or private sanction against his or her license to practice chiropractic in the District of Columbia or any other state;

(c) Disclose if he or she has been convicted or found guilty of a violation of any law other than a minor traffic violation within seven years prior to his or her application to serve as a preceptor; and

(d) Have the written approval of the chiropractic student's chiropractic college to serve as an adjunct faculty member for the purpose of a student/preceptor program.

4811.8 Any chiropractic procedure performed by a chiropractic student shall be in compliance with all laws, rules, and regulations regarding the practice of chiropractic in the District of Columbia.

4811.9 The primary responsibility for the programming and treatment of the patient by the chiropractic student shall rest with the Chiropractic Preceptor or other authorized instructor.

4811.10 Documentation of all programming and treatment of the patient and all changes to the programming and treatment plans shall be reviewed and approved by the authorized instructor or Chiropractic Preceptor.

4811.11 The chiropractic college shall notify the Board of the specific dates that a Chiropractic Intern shall be serving as a Chiropractic Intern under the supervision and direction of a Chiropractic Preceptor.

4811.12 The Board's approval for any chiropractor serving as a Chiropractic Preceptor shall expire December 31st of each even-numbered year. The chiropractic college shall submit to the Board for reapproval the required documentation concerning each Chiropractic Preceptor during the last quarter of the even-numbered year.

History

• SOURCE: Final Rulemaking published at 35 DCR 6658, 6663 (September 2, 1986); as amended by Final Rulemaking published at 37 DCR 2747, 2750 (May 4, 1990); as amended by Final Rulemaking published at 49 DCR 6820 (July 19, 2002); as amended by Final Rulemaking published at 49 DCR 11237 (December 13, 2002); as amended by Final Rulemaking published at 50 DCR 3955 (May 23, 2003); as amended by Final Rulemaking published at 55 DCR 7946 (July 25, 2008); as amended by Final Rulemaking published at 63 DCR 13109 (October 21, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4811

17 DCMR § 4812 VITAMINS AND MINERALS

4812.1 A chiropractor who is licensed to practice in the District of Columbia may recommend vitamins, minerals and other dietary supplements in the care and treatment of a patient. The rationale for the recommendation and use shall be documented by the practitioner.

4812.2 The practitioner shall conform to standards in the practice of chiropractic in the application of vitamins, minerals, and other dietary supplements as it relates to neuro-muscular-skeletal disorders. The recommendation of vitamins minerals and other dietary supplements shall be therapeutic and not experimental.

4812.3 A chiropractor may sell or dispense vitamins, minerals and other dietary supplements from his or her place of business in accordance with applicable laws in the District of Columbia.

4812.4 A chiropractor shall not sell, dispense, recommend or suggest vitamins, minerals and dietary supplements or any combination of these products in toxic doses.

History

• SOURCE: Final Rulemaking published at 35 DCR 6658, 6664 (September 2, 1988); as amended by Final Rulemaking published at 49 DCR 6820 (July 19, 2002); as amended by Final Rulemaking published at 49 DCR 11237 (December 13, 2002); as amended by Final Rulemaking published at 51 DCR 6628 (July 2, 2004). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4812

17 DCMR § 4899 DEFINITIONS

4899.1 For purposes of this chapter, the following terms shall have the meanings ascribed:

Act—The District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq. (2007 Repl.)).

Ancillary—any physiotherapy procedure used on a patient prior to, and complimentary to, receiving a chiropractic treatment.

Applicant—A person applying for a license to practice chiropractic or certification to practice ancillary procedures under this chapter.

Board—The D.C. Board of Chiropractic, established by § 216 of the Health Occupations Revision Act, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1202.16 (2007 Repl.)).

CAT scan—A diagnostic, medical, radiological scan in which cross-sectional images of a part of the body are formed through computerized axial tomography and shown on a computer screen.

Chiropractic Preceptor—Any person licensed as a doctor of chiropractic in the District of Columbia who is approved by the Board to supervise chiropractic students in the performance of chiropractic at a location other than the premises of the chiropractic college in which the student is enrolled.

Chiropractor—A person licensed to practice chiropractic under the Health Occupations Revision Act, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1205.01 et seq. (2007 Repl.)).

MRI—An imaging technique that uses electromagnetic radiation to obtain images of the body's soft tissues by subjecting the body to a powerful magnetic field, allowing tiny signals from atomic nuclei to be detected and then processed and converted into images by a computer.

NBCE—The National Board of Chiropractic Examiners.

Physiotherapy—Any external modality that the chiropractor uses on a patient before receiving a chiropractic adjustment or manipulation, that creates a physiological change in the human tissue condition, and that contributes to the overall improvement of the condition for which the patient is being treated.

Spinal adjustment or manipulation—A specific thrust applied to a subluxated vertebra utilizing parts of the vertebra and contiguous structures as levers to directionally correct that particular articular malposition, and thus influencing neural integrity in that area.

Subluxation—A complex of functional or structural changes that occur in the spinal column that compromises neural integrity and thus may influence organ system function and general health.

Supervision—Having a licensed District of Columbia chiropractor in the same office on a continuous basis while the assistant is on duty. The supervising chiropractor should be immediately available for delegated acts that the chiropractic assistant performs. Telecommunication is insufficient for supervision purposes or as a means for directing delegated acts.

History

• SOURCE: Final Rulemaking published at 35 DCR 6658, 6685 (September 2, 1988); as amended by Final Rulemaking published at 49 DCR 6820 (July 19, 2002); as amended by Final Rulemaking published at 49 DCR 11237 (December 13, 2002); as amended by Final Rulemaking published at 53 DCR 558 (January 27, 2006); as amended by Final Rulemaking published at 55 DCR 7947 (July 25, 2008); as amended by Final Rulemaking published at 63 DCR 13109 (October 21, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4899

17-49 PHYSICIAN ASSISTANTS

17 DCMR § 4900 GENERAL PROVISIONS

4900.1 This chapter shall apply to applicants for and holders of a license to practice as a physician assistant and to physicians supervising physician assistants.

4900.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 46 (Medicine) of this title shall supplement this chapter.

4900.3 Notwithstanding anything in chapter 40 to the contrary, the Board shall only accept applications for licensure by one of the following means:

(a) Examination;

(b) Reciprocity;

(c) Renewal of an active license;

(d) Reactivation of an inactive license; or

(e) Reinstatement of an expired, suspended, or revoked license.

4900.4 An applicant for a license to practice as a physician assistant shall submit with a completed application three (3) letters of reference from licensed physician assistants or licensed physicians who have personal knowledge of the applicant's abilities and qualifications to practice as a physician assistant.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is § 302(14) of the District of Columbia Health Occupations Revision Act of 1985, D.C. Law 6-99, D.C. Code § 2-3303.2(14) (1988 Repl. Vol.), 33 DCR 729, 732 (February 7, 1986), and Mayor's Order 86-110, 33 DCR 5220 (August 22, 1986).
• SOURCE: Final Rulemaking published at 36 DCR 8263 (December 8, 1989); as amended by Final Rulemaking published at 37 DCR 2747, 2750 (May 4, 1990).

17 DCMR § 4901 TERM OF LICENSE

4901.1 Subject to § 4901.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31 of each even-numbered year.

4901.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birth date of the holder of the license, or other date established by the Director.

4901.3 A temporary license may be issued to an applicant who meets all qualifications for licensure, while awaiting the next scheduled meeting of the board and is subject to the criteria as follows:

(a) The physician assistant has no pending disciplinary or criminal charges in any jurisdiction relating to the physician assistant's fitness to practice; and

(b) The supervising physician(s) is (are) licensed in good standing in the District of Columbia with no pending disciplinary or criminal charges in any jurisdiction relating to the physician's (physicians') fitness to practice.

4901.4 The time period for such temporary license shall not exceed six (6) months, at the end of which time the physician assistant must have obtained full licensure or must withdraw the request and immediately cease to perform the health care tasks specific to physician assistant practice.

History

• SOURCE: Final Rulemaking published at 36 DCR 8263, 8264 (December 8, 1989); as amended by Final Rulemaking published at 54 DCR 8486 (August 31, 2007).

17 DCMR § 4902 EDUCATIONAL REQUIREMENTS

An applicant shall furnish proof satisfactory to the Board that the applicant has successfully completed an educational program to practice as a physician assistant accredited by the Committee on Allied Health Education and Accreditation (CAHEA) or its successors by submitting to the Board, with a completed application, a certified transcript and an official statement verifying graduation from an educational program.

History

• SOURCE: Final Rulemaking published at 36 DCR 8263, 8264 (December 8, 1989); as amended by Final Rulemaking published at 37 DCR 2747, 2751 (May 4, 1990); as amended by Final Rulemaking published at 60 DCR 4201 (March 22, 2013).

17 DCMR § 4903 EXAMINATION

4903.1 An applicant shall receive a passing score on the Physician Assistant National Certifying Examination (PANCE), an examination administered by the National Commission on Certification of Physician Assistants (the NCCPA examination).

4903.2 An applicant shall be exempt from the requirements of § 4903.1, if the applicant meets the following requirements:

(a) Received a passing score on any examination administered by NCCPA prior to December 8, 1989; and

(b) Makes application to the Board within one (1) year of December 8, 1989.

4903.3 An applicant who fails the certifying examination three (3) times shall successfully complete for the second time an educational program to practice as a physician assistant accredited by CAHEA in order to be eligible to take the examination a fourth time.

4903.4 An applicant who fails the NCCPA examination (administered in any jurisdiction) six (6) times shall not be eligible for licensure in the District by any means.

History

• SOURCE: Final Rulemaking published at 36 DCR 8263, 8264 (December 8, 1989); as amended by Final Rulemaking published at 54 DCR 8486 (August 31, 2007).

17 DCMR § 4904 [RESERVED]

History

• SOURCE: Final Rulemaking published at 54 DCR 8486 (August 31, 2007).

17 DCMR § 4905 [RESERVED]

17 DCMR § 4906 CONTINUING EDUCATION REQUIREMENTS

4906.1 Except as provided in § 4906.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a license for a term expiring December 31, 1992, and for subsequent terms.

4906.2 This section does not apply to applicants for an initial license by examination, or reciprocity, nor does it apply to applicants for the first renewal of a license granted by examination.

4906.3 A continuing education credit may be granted only for a program or activity approved by the Board in accordance with § 4907.

4906.4 An applicant for renewal of a license to practice as a physician assistant shall submit proof pursuant to § 4906.7 of having completed during the two-year (2) period preceding the date the license expires approved continuing medical education as follows:

(a) Forty (40) hours of credit in continuing medical education meeting the requirements of Category 1, as specified in § 4907.2;

(b) Sixty (60) hours of credit in continuing medical education meeting the requirements of either Category 1 or Category 2, as specified in § 4907.2 or § 4907.3;

(c) Beginning with the renewal period ending December 31, 2018, two (2) hours of credit in Category 1 or Category 1-equivalent continuing medical education coursework focusing on cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ), which shall meet the requirements of § 4906.8, and which shall count towards the hours required under paragraph (b). Category I-equivalent hours shall be acceptable so long as they have been prescribed by the American Academy of Family Physicians or another entity approved by the Board;

(d) At least ten percent (10%) of the total hours of required continuing medical education shall include subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website; and

(e) Pursuant to D.C. Official Code § 3-1205.10(b-1)(3), the requirements of D.C. Official Code § 3-1205.10(b)(4) are waived.

4906.5 An applicant for reactivation of an inactive license or reinstatement of a license to practice as a physician assistant shall submit proof pursuant to § 4906.7 of having completed during the two-year (2) period immediately preceding the date of application approved continuing medical education as follows:

(a) Forty (40) hours of credit in continuing medical education meeting the requirements of Category 1;

(b) Sixty (60) hours of credit in continuing medical education meeting the requirements of either Category 1 or Category 2;

(c) Beginning with the renewal period ending December 31, 2018, two (2) hours of credit in Category 1 or Category 1-equivalent continuing medical education coursework focusing on cultural competence or appropriate clinical treatment specifically for individuals who are LBGTQ, which shall meet the requirements of § 4906.8, and which shall count towards the hours required under paragraph (b). Category I-equivalent hours shall be acceptable so long as they have been prescribed by the American Academy of Family Physicians or another entity approved by the Board;

(d) At least ten percent (10%) of the total hours of required continuing medical education shall include subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website; and

(e) Pursuant to D.C. Official Code § 3-1205.10(b-1)(3), the requirements of D.C. Official Code § 3-1205.10(b)(4) are waived.

4906.6 A physician assistant who is required to obtain continuing medical education credits pursuant to § 4906.4 or 4906.5 may, in lieu of meeting the requirements of those sections, furnish proof satisfactory to the Board that the physician assistant holds a current valid certificate from the National Commission on Certification of Physician Assistants (NCCPA) that entitles the physician assistant (under the by-laws of the NCCPA) to use the designation "Physician Assistant-Certified" or "PA-C." Nothing in this subsection shall waive the requirement of §§ 4906.4(c) and (d) and 4906.5(c) and (d).

4906.7 An applicant under this section shall furnish proof of having completed required continuing education credits by submitting with the application the following information:

(a) The name of the program and its approval number;

(b) The dates on which the applicant attended the program or performed the activity;

(c) The hours of credit claimed; and

(d) Verification by the applicant of completion.

4906.8 Continuing medical education hours that are completed, pursuant to § 4906.4(c), in cultural competence and appropriate clinical treatment specifically for individuals who are LGBTQ shall, at a minimum, provide information and skills to enable a physician assistant to care effectively and respectfully for patients who identify as LGBTQ, which may include:

Specialized clinical training relevant to patients who identify as LGBTQ, including training on how to use cultural information and terminology to establish clinical relationships;

Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors for patients who identify as LGBTQ;

Training that outlines the legal obligations associated with treating patients who identify as LGBTQ;

Best practices for collecting, storing, using, and keeping confidential, information regarding sexual orientation and gender identity;

Best practices for training support staff regarding the treatment of patients who identify as LGBTQ and their families;

Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that those who identify as LGBTQ may experience these systems in varying degrees of intensity; and

Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for patients who identify as LGBTQ.

History

• SOURCE: Final Rulemaking published at 36 DCR 8263, 8265 (December 8, 1989); as amended by Final Rulemaking published at 65 DCR 5666 (May 18, 2018); as amended by Final Rulemaking published at 67 DCR 2795 (March 13, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4906

17 DCMR § 4907 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

4907.1 The Board, in its discretion, may approve continuing education programs and activities that contribute to the knowledge, skills, and professional performance and relationships that a physician assistant uses to provide services to patients, the public or the profession and that the other requirements of this section.

4907.2 The Board may approve continuing medical education programs and activities for Category 1 credit that are as follows:

(a) Sponsored, co-sponsored, or accredited by:

(1) The American Academy of Physician Assistants (AAPA);

(2) The Accreditation Council for Continuing Medical Education (ACCME);

(3) The American Osteopathic Council on Continuing Medical Education (AOACCME);

(4) The American Academy of Family Physicians (AAFP); or

(5) A state medical society; and

(b) Designated:

(1) Category 1 by the AAPA;

(2) American Medical Association Physician's Recognition Award (AMA/PRA) Category 1 by the ACCME;

(3) Category 1 by the AOACCME; or

(4) Prescribed credit by the AAFP.

4907.3 A physician assistant may show proof of meeting the above continuing medical education requirements by providing evidence of current certification by the National Commission on Certification of Physician Assistants.

4907.4 The Board may approve continuing education programs and activities for Category 2 credit that are as follows:

(a) Limited in content to the following:

(1) Public health administration;

(2) The basic medical sciences; or

(3) The discipline of clinical medicine; and

(b) Comprised of one of the following activities:

(1) Grand rounds;

(2) Teaching rounds;

(3) Seminars;

(4) Lectures;

(5) Conferences;

(6) Medical teaching;

(7) Patient care review;

(8) Publication or presentation of an article related to practice as a physician assistant;

(9) Workshops;

(10) Courses of instruction, including self-instruction;

(11) Reading literature published primarily for readership by health care practitioners;

(12) Teaching health professionals, as long as such teaching is not a major professional responsibility of a physician assistant; or

(13) Written and practical examination, including self-assessment.

4907.5 An applicant shall have the burden of verifying whether a program or activity is approved by the Board pursuant to this section prior to attending the program or engaging in the activity.

History

• SOURCE: Final Rulemaking published at 36 DCR 8263, 8266 (December 8, 1989); as amended by Final Rulemaking published at 54 DCR 8486 (August 31, 2007).

17 DCMR § 4908 [RESERVED]

17 DCMR § 4909 [RESERVED]

17 DCMR § 4910 [RESERVED]

17 DCMR § 4911 SCOPE OF PRACTICE

4911.1 A physician assistant may, in accordance with this chapter and the Act, perform health care tasks that are consistent with sound medical practice, when delegated by their supervising physician(s) and the service is within the physician assistant's skills, forms a component of the physician's scope of practice, and the physician assistant is provided supervision.

4911.2 A written delegation agreement that lists delegated functions, practice sites, and supervisors must be signed by the supervising physician(s) and the physician assistant.

4911.3 Physician assistants may pronounce the death of patients under their care and authenticate with their signature any form that may be authenticated by a supervising physician, consistent with the permission granted by their supervisors, if such is specifically included among the permitted responsibilities outlined in the delegation agreement.

4911.4 Physician assistants shall be considered the agents of their supervising physician(s) in the performance of all practice-related activities including, but not limited to, the ordering of diagnostic, therapeutic, and other medical services.

4911.5 Each time a physician assistant provides care for a patient and enters his or her name, signature, initials, or computer code on a patient's record, chart, or written order, the physician assistant shall also enter the name of the supervising physician responsible for the patient.

4911.6 When a physician assistant transmits an oral order, he or she shall also state the name of the supervising physician responsible for the patient.

4911.7 A physician assistant may perform health care tasks and medically related services at any location where the supervising physician(s) can provide appropriate oversight and/or review of the physician assistant's actions related to the provision of such services.

4911.8 Physician assistants licensed in the District shall keep their license available for inspection at their primary place of business and shall, when engaged in their professional activities, identify themselves as physician assistants by introduction and by identification badge with clearly visible lettering with their name and title "Physician Assistant" or "PA-C".

4911.9 A physician assistant may give medical orders to health professionals, consistent with the policies of a hospital or health care facility where the orders are to be executed.

History

• SOURCE: Final Rulemaking published at 36 DCR 8263, 8268 (December 8, 1989); as amended by Final Rulemaking published at 54 DCR 8489, 8490 (August 31, 2007); as amended by Final Rulemaking published at 60 DCR 4201 (March 22, 2013).

17 DCMR § 4912 PRESCRIBING DRUGS AND DISPENSING DRUGS

4912.1 All physician assistants may perform those duties and responsibilities, including the ordering, prescribing, dispensing, and administration of drugs and medical devices that are delegated by their supervising physician(s). Each prescription must bear the name of the supervising physician and physician assistant.

4912.2 All written prescriptions issued by a physician assistant shall be written on a prescription pad that bears the printed names of the physician assistant and the supervising physician. The physician assistant must include the federal Drug Enforcement Agency (DEA) registration number on prescriptions for controlled medications.

4912.3 Electronic prescription orders must comply with the provisions of Title 22 DCMR, § 1304.

4912.4 Physician assistants may request, receive, and sign for professional samples and may dispense professional samples to patients as delegated by a supervising physician and as otherwise consistent with §§ 4912.1 and 4912.6.

4912.5 As delegated to do so by a supervising physician, physician assistants may order, prescribe, and dispense legend drugs and controlled substances enumerated in schedules II through V in D.C. Official Code § 48-902.01 et seq. Physician assistants authorized to prescribe and/or dispense controlled substances must register with the DEA.

4912.6 Professional samples of drugs dispensed pursuant to § 4912.4 shall be labeled to show the following:

(a) The name and strength of the drug;

(b) The lot and control number; and

(c) The expiration date of the drug.

4912.7 All drugs dispensed by a physician assistant, except professional samples, shall be labeled to show the following:

(a) The name and address of the providing institution;

(b) The name of the supervising physician and physician assistant;

(c) The name of the patient;

(d) The date dispensed;

(e) The name and strength of the drug;

(f) Directions for use;

(g) Cautionary statements, if appropriate;

(h) The lot and control number; and

(i) The expiration date of the drug.

4912.8 A physician assistant who administers, dispenses, or prescribes a prescription drug shall enter a progress note in the patient's chart on the date of the transaction and shall include the following information:

(a) Each prescription that a physician assistant orders; and

(b) The name, strength, and quantity of each drug that a physician assistant dispenses or administers.

History

• SOURCE: Final Rulemaking published at 36 DCR 8263, 8271 (December 8, 1989); as amended by Final Rulemaking published at 54 DCR 8489, 8490 (August 31, 2007).

17 DCMR § 4913 [RESERVED]

17 DCMR § 4914 SUPERVISION

4914.1 A physician assistant and a temporary licensed physician assistant shall be under the supervision of a physician at all times during which the physician assistant is working in his or her official capacity.

4914.2 In an inpatient setting, supervision of a physician assistant shall include, but not be limited to, continuing or intermittent physical presence of the supervising physician with constant availability through electronic communications.

4914.3 In an outpatient setting, supervision of a physician assistant shall include, but not be limited to, constant availability through electronic communications.

4914.4 It is the obligation of each team of physician(s) and physician assistant(s) to ensure that the physician assistant's scope of practice is identified; that delegation of medical tasks is appropriate to the physician assistant's level of competence; that the relationship of, and access to, the supervising physician(s) is defined; and that a process for evaluation of the physician assistant's performance is established. If the physician assistant is authorized to practice in a licensed health care facility or other practice setting, that entity is also responsible for assuring the above through its credentialing and privileging or equivalent process.

4914.5 More than one physician may enter into a delegation agreement with a physician assistant. For each delegation agreement, the physician assistant and the physician whose name is listed first on the delegation agreement shall each be responsible for determining the terms and boundaries of the agreement, for updating the delegation agreement, and for overall quality assurance oversight as set forth in § 4914.4. Each physician who signs the delegation agreement is responsible for supervising the care of patients whose care the physician has delegated to the physician assistant.

4914.6 If a physician (due to a planned or unplanned absence) is unable personally to supervise the physician assistant consistent with the delegation agreement and this section, responsibility shall be delegated by the supervising physician to another supervising physician whose signature appears on the delegation agreement. If the supervising physician is unable to delegate supervisory responsibility to another supervising physician, the physician assistant may request another supervising physician on the delegation agreement to assume the responsibility of supervising. The supervising physician must consent to assume the responsibilities of the absent supervising physician.

4914.7 A supervising physician must be a physician licensed in the District and must have accepted responsibility for supervision of the physician assistant by having signed the delegation agreement.

4914.8 The names of supervising physician(s) shall be included in the delegation agreement.

4914.9 Each physician assistant and one of the supervising physicians listed on the delegation agreement must complete a practice advisory review on a quarterly basis and document the review on a form kept on file in a personnel file at the location in which the physician assistant practices.

4914.10 A physician shall not actively supervise more than four (4) on-duty physician assistants at one time.

History

• SOURCE: Final Rulemaking published at 36 DCR 8263, 8272 (December 8, 1989); as amended by Final Rulemaking published at 54 DCR 8492 (August 31, 2007); as amended by Final Rulemaking published at 60 DCR 4201 (March 22, 2013); as amended by Final Rulemaking published at 67 DCR 2795 (March 13, 2020).

17 DCMR § 4915 DELEGATION AGREEMENT

4915.1 Prior to the physician assistant beginning practice, he or she shall have a written delegation agreement using the form provided by the Board. The delegation agreement shall describe the physician assistant's role in the practice and the settings in which the supervising physician(s) delegate(s) to the physician assistant the authority to see patients.

4915.2 The delegation agreement form must be signed by the supervising physician(s) and physician assistant and be filed by the physician assistant with the Board and kept on file at the primary practice site.

4915.3 In the event that there are changes to the delegation agreement, a new agreement form must be signed by the physician and physician assistant and be filed by the physician assistant with the Board and kept on file at the primary practice site.

4915.4 If there are changes to the supervising physician(s), the physician assistant must file with the Board a form provided by the Board for additions and deletions to the list of supervising physicians within ten (10) days of the effective date of the change.

4915.5 If there is a change in the employment status of the physician assistant, or the delegation agreement is otherwise terminated, a termination form provided by the Board must be filed by the first supervising physician listed on the delegation agreement with the Board within ten (10) days of the change of employment status of the physician assistant.

4915.6 A delegation agreement expires automatically upon termination of the employment of a physician assistant. However, termination of employment of a physician assistant does not cause a physician assistant's license to expire.

4915.7 Whenever it is determined that a physician or physician assistant is practicing in a manner inconsistent with the delegation agreement, the Board may demand modification of the agreement and take disciplinary action as appropriate.

4915.8 The Board shall maintain the following records regarding physician assistants, which records shall be available for public inspection:

(a) A registry of physician assistants;

(b) A registry of supervising physicians; and

(c) A copy of each delegation agreement.

History

• SOURCE: Final Rulemaking published at 36 DCR 8263, 8275 (December 8, 1989); as amended by Final Rulemaking published at 54 DCR 8493 (August 31, 2007).

17 DCMR § 4916 SUPERVISING PHYSICIAN

4916.1 A physician wishing to supervise a physician assistant must

(a) Be licensed in the District of Columbia;

(b) Be free from any restriction on his or her ability to supervise a physician assistant that has been imposed by Board disciplinary action; and

(c) Maintain a written delegation agreement with the physician assistant. The agreement must state that the physician will exercise supervision over the physician assistant in accordance with any rule adopted by the Board and will retain professional and legal responsibility for the care rendered by the physician assistant. The agreement must be signed by the physician and the physician assistant and updated at the time of physician assistant licensure renewal or as needed. The agreement must be filed pursuant to § 4915.2 with the Board and a copy must be kept on file at the practice site.

4916.2 A physician assistant may perform health care tasks as long as the supervising physician is available by electronic communications or has designated a substitute supervising physician. A supervising physician has ultimate responsibility for the medical care and treatment given to a patient by a physician assistant to whom the supervising physician has delegated authority to perform health care tasks.

4916.3 A licensed physician assistant may, if permissible under the bylaws, rules and regulations of the practice setting, write medical orders, including those for controlled substances, for patients under the care of the physician responsible for his/her supervision.

4916.4 Repealed

History

• SOURCE: Final Rulemaking published at 36 DCR 8263, 8279 (December 8, 1989); as amended by Final Rulemaking published at 54 DCR 8494 (August 31, 2007); as amended by Final Rulemaking published at 60 DCR 4201 (March 22, 2013).

17 DCMR § 4917 DUTIES OF ADVISORY COMMITTEE ON PHYSICIAN ASSISTANTS

4917.1 The Committee shall advise the Board on all matters pertaining to this chapter.

4917.2 The Committee shall review all applications for a license to practice as a physician assistant and make recommendations to the Board.

4917.3 The Committee shall review all delegation agreements and make recommendations to the Board regarding their content when warranted.

4917.4 The Committee shall review complaints regarding physician assistants referred by the Board and make recommendations to the Board regarding what action should be taken.

History

• SOURCE: Final Rulemaking published at 54 DCR 8495, 8496 (August 31, 2007).

17 DCMR § 4918 TITLE PROTECTION

4918.1 Any person not licensed as a physician assistant by the Board shall be subject to penalties applicable to the unlicensed practice of a health occupation, if he or she:

(a) Represents himself or herself as a physician assistant with the intent to represent that he or she practices as a physician assistant; or

(b) Uses any combination or abbreviation of the term physician assistant, or "P.A.", or any similar title or description of services with the intent to represent that he or she practices as a physician assistant; or

(c) Acts as a physician assistant without being licensed by the Board. An unlicensed physician shall not be permitted to use the title of physician assistant or to practice as a physician assistant unless he or she fulfills the requirements of this chapter.

History

• SOURCE: Final Rulemaking published at 54 DCR 8496 (August 31, 2007).

17 DCMR § 4999 DEFINITIONS

4999.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act - the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01 et seq.

Administer - to give a prescription drug by injection, inhalation, ingestion, or other means of direct application to the body of a patient.

Board - as delegated to do so by a supervising physician the Board of Medicine, established by § 203(a) of the Act, D.C. Official Code § 3-1202.03(a) (2001).

Committee - the Advisory Committee on Physician Assistants, established by § 203(d) of the Act, D.C. Official Code § 3-1202.03(d) (2001).

Controlled substance - a drug defined as a controlled substance in one of the following acts or rules promulgated pursuant thereto:

(a) The Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 801 et seq.; or

(b) The District of Columbia Uniform Controlled Substances Act of 1981, D.C. Official Code § 48-901.01 et seq. (2001).

Delegation agreement - a written agreement describing the manner and extent to which the physician assistant will practice and be supervised, including identification of each supervising physician who will supervise the physician assistant and other such information as the Board may require.

Director – The Director of the Department of Health, or his or her designee.

Dispense - to distribute a prescription drug to a patient or the patient's agent, including the prescribing, packaging, labeling, and compounding necessary to prepare the prescription drug for distribution.

Legend drug - a drug with the phrase "Caution: Federal law prohibits dispensing without a prescription" stated on its label.

Physician - a person licensed to practice medicine under the Act, including an osteopath.

Physician assistant - a person licensed to practice as a physician assistant under the Act.

Prescription drug - one of the following drugs:

(a) A drug which under federal law is required, prior to being dispensed or delivered, to be labeled in substance with either of the following statements:

(1) "Caution: Federal law prohibits dispensing without prescription"; or

(2) "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian";

(b) A drug that is required by any applicable federal or District law or regulation to be dispensed by prescription only; or

(c) A drug that is restricted to use by health and allied practitioners for research.

Supervising physician - a physician who supervises a physician assistant under the terms of a written delegation agreement registered by the Board.

4999.2 The definitions in the Act and in § 4099 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 36 DCR 8263, 8279 (December 8, 1989); as amended by Final Rulemaking published at 54 DCR 8496, 8498 (August 31, 2007); as amended by Final Rulemaking published at 67 DCR 2795 (March 13, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4999

17-50 NATUROPATHY

17 DCMR § 5000 APPLICABILITY

5000.1 This chapter applies to applicants for and holders of a registration to practice naturopathy.

5000.2 Sections 4001, 4104, 4005, 4006, 4012 and 4013 of Chapter 40 supplement this chapter.

History

• SOURCE: Final Rulemaking published at 39 DCR 6129 (August 14, 1992).

17 DCMR § 5001 TERM OF REGISTRATION

5001.1 Subject to section 5001.2 a registration issued pursuant to this chapter shall expire at 12:00 midnight of February 28, of each even-numbered year.

5001.2 If the Director changes the renewal system pursuant to Sections 4006.3 of chapter 40 of this title, a registration issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the registration, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 39 DCR 6129 (August 14, 1992).

17 DCMR § 5002 RENEWAL OF REGISTRATION

An applicant for renewal of a registration shall comply with the requirements of Chapter 40 pertaining to renewal.

History

• SOURCE: Final Rulemaking published at 39 DCR 6129 (August 14, 1992).

17 DCMR § 5003 PRACTICE BY REGISTERED NATUROPATHS

5003.1 A person registered to practice naturopathy may use the title "Doctor of Naturopathy".

5003.2 As required by Section 901 (c) of the Act, all naturopaths who are not licensed to practice medicine under the Act shall provide to all clients or patients a written notice which shall read as follows:

This notice is provided to you pursuant to D.C. law. I am a registered Doctor of Naturopathy, but I am not a licensed medical doctor and therefore do not practice "the application of scientific principles to prevent, diagnose and treat physical and mental diseases, disorders, and conditions and to safeguard the life and health of any woman and infant through pregnancy and parturition."

An identical notice, in printing of a size to be easily readable, shall be posted in a prominent place in each office or location of practice.

5003.3 A person registered to practice naturopathy or naturopathic healing under this chapter may counsel individuals and treat human conditions through the use of "naturally occurring substances", forces and agencies as defined herein.

5003.4 It shall be unlawful for a naturopath practicing in the District of Columbia to:

(a) Falsely lead any person to believe he or she practices medicine as defined in the Act.

(b) Use x-rays, perform surgical procedures, inject any substance into another person by needle, or perform any invasive procedure on another person;

(c) Deliver infants;

(d) Prescribe for or provide to another person any drug, substance or device regulated by the laws of the District or Federal governments or available by prescription only; or

(e) File birth or death certificates or sign claims or authorization for payment of workers’ compensation benefits, Medicare or Medicaid benefits, or benefits provided for health care through other publicly assisted programs.

History

• SOURCE: Final Rulemaking published at 39 DCR 6129 (August 14, 1992).

17 DCMR § 5099 DEFINITIONS

5099.1 As used in this chapter, the following terms have the meaning ascribed:

Applicant - a person making application to be registered as a naturopath.

"Naturally occurring substances" means food natural vitamins and minerals, herbs and herbal preparations, roots, barks, homeopathic preparations, plant and natural medicines of animal, mineral or botanical origin which do not require a prescription unless from a homeopathic pharmacy.

"Counseling individuals and treatment through the use of naturally occurring substances" includes, but is not limited to, giving advice, ordering or prescribing naturally occurring substances, and the use of physical modalities, and other treatments, commonly provided by naturopaths and not otherwise prohibited under the Act.

"Surgical procedures" refer to the medically accepted definition of surgery, but shall not include care incident to superficial lacerations and abrasions, and the removal of foreign bodies located in superficial structures, no to include the eye, and the use of antiseptics and topical local anesthetics in connection therewith.

“Drug, substance, or device" means a prescription or drug, substance or a device but shall not include “naturally occurring substances".

5099.2 The definitions in section 4099 of Chapter 40 of this are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 39 DCR 6129 (August 14, 1992).

17-51 ANESTHESIOLOGIST ASSISTANTS

17 DCMR § 5100 GENERAL PROVISIONS

5100.1 This chapter shall apply to applicants for and holders of a license to practice as an anesthesiologist assistant.

5100.2 Chapter 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) shall supplement this chapter.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 91(January 6, 2006).

17 DCMR § 5101 TERM OF LICENSE

5101.1 Subject to § 5101.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31 of each even-numbered year.

5101.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 91 (January 6, 2006).

17 DCMR § 5102 RENEWAL OF LICENSE

5102.1 The holder of a license to practice as an anesthesiologist assistant shall renew his or her license by submitting a completed application on the forms required by the Advisory Committee on Anesthesiologist Assistants and paying the required fees prior to the expiration of the license.

5102.2 The Board's staff shall mail out applications for renewal at least sixty (60) days prior to the date the license expires.

5102.3 The license holder shall have the burden of notifying the Board if a renewal notice is not received.

5102.4 A license holder shall notify the Board in writing of a change of home or business address within thirty (30) days after the change.

5102.5 A license holder applying for renewal of a license to practice as an anesthesiology assistant shall submit evidence of current national certification or recertification as an Anesthesiologist Assistant - Certified (AA-C), as applicable, by the National Commission for Certification of Anesthesiologist Assistants, or its successor.

5102.6 A license holder applying for renewal of a license who fails to submit proof of having completed the requirement as set forth in §5102.5 by the date the license expires may renew the license within sixty (60) days after the expiration by submitting the required documents and paying the required late fees.

5102.7 Upon submitting the required documents and paying the required late fees, the license holder shall be deemed to have possessed a valid license during the period between the expiration of the license and the submission of the required documents and fees.

5102.8 If a license holder applying for renewal of a license fails to submit proof of completion of the requirements set forth in §5102.5 or pay the late fee within sixty (60) days after the expiration of the license holder's license, the license shall be considered to have lapsed on the date of expiration and the license holder shall thereafter be required to apply for reinstatement of an expired license and meet all requirements and fees for reinstatement.

5102.9 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew the license after expiration, if the license holder's failure to submit proof of the requirements or pay the late fee was for good cause. As used in this section, "good cause" includes the following:

(a) Serious and protracted illness of the license holder;

(b) The death or serious and protracted illness of a member of the license holder's immediate family; or

(c) Active military deployment pursuant to 17 DCMR § 4015.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 91 (January 6, 2006).

17 DCMR § 5103 LICENSURE REQUIREMENTS

5103.1 Except as otherwise provided in this subtitle an applicant shall furnish proof satisfactory to the Board in accordance with § 504 of the Act, D.C. Official Code §3-1205.04 that the applicant has met the following requirements:

(a) Earned a degree or certification from an anesthesiologist assistant program accredited by the Commission on Accreditation of Allied Health Educational Programs, or by the Commission's successor; and

(b) Obtained current certification by the National Commission for Certification of Anesthesiologist Assistants (NCCAA), or its successor organization, that indicates that the applicant has passed the national examination.

5103.2 Pursuant to § 5102.1(b), an application for licensure as an anesthesiologist assistant may be filed by an individual who has taken the national certification examination but has not yet received the results.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 91 (January 6, 2006).

17 DCMR § 5104 [RESERVED]

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 91 (January 6, 2006).

17 DCMR § 5105 [RESERVED]

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 91 (January 6, 2006).

17 DCMR § 5106 [RESERVED]

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 91 (January 6, 2006).

17 DCMR § 5107 [RESERVED]

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 91 (January 6, 2006).

17 DCMR § 5108 CONTINUING EDUCATION REQUIREMENTS

5108.1 This section shall apply to applicants for the renewal of a license and does not apply to applicants for an initial license by examination or endorsement, nor does it apply to applicants for the first renewal of a license granted by examination.

5108.2 A licensee applying for renewal shall meet continuing education requirements by demonstrating that he or she has:

Been recertified by the National Commission for Certification of Anesthesiologist Assistants (NCCAA), or its successor organization;

Completed two (2) continuing medical education hours in cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) which meet the requirements of §§ 5108.5 and 5108.6; and

At least ten percent (10%) of the total required continuing medical education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

5108.3 A licensee applying for renewal of a license who fails to submit proof of the standards in § 5108.2 by the date the license expires may renew the license within sixty (60) days after the expiration by submitting proof and by paying the required late fees.

5108.4 Upon submitting proof and paying the required late fees, the licensee shall be deemed to have possessed a valid license during the period between the expiration of the license and the submission of the required documents and fees.

5108.5 Continuing education hours that are completed, pursuant to § 5108.2(b), in cultural competence and appropriate clinical treatment specifically for individuals who are LGBTQ shall, at a minimum, provide information and skills to enable a physician assistant to care effectively and respectfully for patients who identify as LGBTQ, which may include:

Specialized clinical training relevant to patients who identify as LGBTQ, including training on how to use cultural information and terminology to establish clinical relationships;

Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors for patients who identify as LGBTQ;

Training that outlines the legal obligations associated with treating patients who identify as LGBTQ;

Best practices for collecting, storing, using, and keeping confidential, information regarding sexual orientation and gender identity;

Best practices for training support staff regarding the treatment of patients who identify as LGBTQ and their families;

Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that those who identify as LGBTQ may experience these systems in varying degrees of intensity; and

Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for patients who identify as LGBTQ.

5108.6 A licensee applying for renewal shall, at the Board’s request, provide proof of having completed the continuing education hours required by § 5108.2(b) which shall contain the following information:

(a) The name of the program, its location, and a description of the subject matter covered;

(b) The dates on which the applicant attended the program;

(c) The hours of credit claimed; and

(d) Verification of completion of the credits by signature or stamp of the sponsor.

History

• SOURCE: Final Rulemaking published at 53 DCR 91 (January 6, 2006); as amended by Final Rulemaking published at 64 DCR 11054 (October 27, 2017); as amended by Final Rulemaking published at 66 DCR 15455 (November 22, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5108

17 DCMR § 5109 [RESERVED]

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 91 (January 6, 2006).

17 DCMR § 5110 [RESERVED]

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 91 (January 6, 2006).

17 DCMR § 5111 [RESERVED]

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 91 (January 6, 2006).

17 DCMR § 5112 [RESERVED]

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 91 (January 6, 2006).

17 DCMR § 5113 SCOPE OF PRACTICE

5113.1 An anesthesiologist assistant shall, in accordance with this chapter and the Act, have the authority to perform the following tasks:

(a) Obtain a comprehensive patient history, perform relevant elements of a physical examination, and present the history to the supervising anesthesiologist;

(b) Pretest and calibrate anesthesia delivery systems and obtain and interpret information from the systems and monitors, in consultation with an anesthesiologist;

(c) Assist the supervising anesthesiologist with the implementation of medically accepted monitoring techniques;

(d) Establish basic and advanced airway interventions, including intubation of the trachea and performing ventilatory support;

(e) Administer intermittent vasoactive drugs and start and adjust vasoactive infusions;

(f) Administer anesthetic drugs, adjuvant drugs, and accessory drugs, including narcotics;

(g) Assist the supervising anesthesiologist with the performance of epidural anesthetic procedures, spinal anesthetic procedures, and other regional anesthetic techniques;

(h) Administer blood, blood products, and supportive fluids;

(i) Provide assistance to a cardiopulmonary resuscitation team in in response to a life threatening situation;

(j) Monitor, transport, and transfer care to appropriate anesthesia or recovery personnel;

(k) Participate in administrative, research, and clinical teaching activities, as authorized by the supervising anesthesiologist; and

(l) Perform such other tasks that an anesthesiologist assistant has been trained and is proficient to perform.

5113.2 An anesthesiologist assistant shall not perform the following tasks:

(a) Prescribe any medications or controlled substances;

(b) Practice or attempt to practice unless under the supervision of an anesthesiologist who is immediately available for consultation, assistance, and intervention;

(c) Practice or attempt to administer anesthesia during the induction or emergence phase without the personal participation of the supervising anesthesiologist; or

(d) Administer any drugs, medicines, devices, or therapies the supervising anesthesiologist is not qualified or authorized to prescribe.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 91 (January 6, 2006).

17 DCMR § 5114 SUPERVISING ANESTHESIOLOGIST

5114.1 A supervising anesthesiologist shall be immediately available to participate directly in the care of the patient whom the anesthesiologist assistant and the supervising anesthesiologist are jointly treating, and shall at all times accept and be responsible for the oversight of the health care services rendered by the anesthesiologist assistant.

5114.2 A supervising anesthesiologist shall be present during the induction and emergence phases of a patient to whom anesthesia has been administered.

5114.3 A supervising anesthesiologist may supervise no more than four (4) anesthesiologist assistants at any one time, consistent with federal rules for reimbursement of anesthesia services.

5114.4 No faculty member of an anesthesiologist assistants program shall concurrently supervise more than two (2) anesthesiologist assistant students who are delivering anesthesia.

History

• SOURCE: Final Rulemaking published at 53 DCR 91 (January 6, 2006); as amended by Final Rulemaking published at 63 DCR 5271 (April 8, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5114

17 DCMR § 5199 DEFINITIONS

5199.1 As used in this chapter the following terms have the meanings ascribed:

Anesthesiologist Assistant - a person licensed to practice as an anesthesiologist assistant under the Act.

Anesthesiologist - a physician who has completed a residency in anesthesiology approved by the American Board of Anesthesiology or the American Osteopathic Board of Anesthesiology and who is currently licensed to practice medicine in the District of Columbia.

Assist - to carry out procedures as requested by the supervising anesthesiologist, provided that the requested procedures are within the anesthesiologist assistant's training and scope of practice, is medically directed, and defined by the supervising anesthesiologist in conformance with acceptable standards for anesthesia care and, approved by the hospital or ambulatory surgical facility medical staff.

Board - the Board of Medicine, established by § 203(a) of the Act, D.C. Official Code § 3-1202.03(a)(1) (2001 ed.).

Committee - the Advisory Committee on Anesthesiologist Assistants, established by § 203(c-1) of the Act (D.C. Official Code § 3-1202.03(c-1) (2001 ed.)).

Director – The Director of the Department of Health, or his or her designee.

Immediately available - the supervising anesthesiologist is:

Present in the building or facility in which anesthesia services are being provided by assistant; and

Able to directly provide assistance to the anesthesiologist assistant in providing anesthesia services to the patient in accordance with the prevailing standards of:

Acceptable medical practice;

The American Society of Anesthesiologists' guidelines for best practice of anesthesia in a care team model; and

(3) Any additional requirements established by the Board of Medicine through a formal rulemaking process.

Supervision - directing and accepting responsibility for the anesthesia services rendered by an anesthesiologist assistant in a manner approved by the Board of Medicine.

5199.2 The definitions in § 4099 of Chapter 40 of this title and the Act are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 53 DCR 91 (January 6, 2006); as amended by Final Rulemaking published at 63 DCR 5271 (April 8, 2016); as amended by Final Rulemaking published at 66 DCR 15455 (November 22, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5199

17-52 NATUROPATHIC MEDICINE

17 DCMR § 5200 GENERAL PROVISIONS

5200.1 This chapter shall apply to applicants for and holders of a license to practice naturopathic medicine.

5200.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

5200.3 An applicant for a license to practice naturopathic medicine shall furnish proof that the applicant is a District resident or has an office or location of practice involved in the practice of naturopathic medicine in the District of Columbia. A post office box shall not be proof of residency nor shall it demonstrate that an applicant either has an office or location of practice in the District.

History

• SOURCE: As amended by final rulemaking published at 53 DCR 4799 (June 16, 2006).

17 DCMR § 5201 TERM OF LICENSE

5201.1 Subject to § 5201.2, a license issued pursuant to this chapter shall expire at twelve o'clock midnight of December 31st of each even-numbered year.

5201.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at twelve o'clock midnight of the last day of the month of the birthdate of the holder of the license, or other date as established by the Director.

5201.3 An applicant for renewal of a license who fails to renew the license by the date the license expires may renew the license for up to sixty (60) days after the date of expiration by completing the application, submitting the required supporting documents, and paying the required late fee. Upon renewal, the applicant shall be deemed to have possessed a valid license during the period between the expiration of the license and the renewal thereof.

5201.4 If a licensee applying for a renewal of a license fails to renew the license and pay the late fee within the sixty (60) days after the expiration of the applicant's license, the license shall be considered to have lapsed on the date of expiration and the health care professional shall thereafter be required to apply for reinstatement of an expired license and meet all requirements and fees for reinstatement.

5201.5 The Board may, in its discretion, grant an extension of the sixty (60) day period, up to a maximum of one (1) year, to renew after expiration if the applicant's failure to renew was for good cause. As used in this section, "good cause" includes the following:

(a) Serious and protracted illness of the applicant; or

(b) The death or serious and protracted illness of a member of the applicant's immediate family.

5201.6 An extension granted under this section shall not exempt a licensee from complying with the continuing education requirements pursuant to § 5206.

History

• SOURCE: As amended by final rulemaking published at 53 DCR 4799 (June 16, 2006).

17 DCMR § 5202 EDUCATIONAL REQUIREMENTS

5202.1 An applicant shall furnish proof satisfactory to the Board in accordance with § 504(e-1)(1) of the Act, (D.C. Official Code § 3-1205.04(e-1)(1) (2001)), that the applicant has:

(a) Earned a degree of doctor of naturopathic medicine from a college or university which at the time of the awarding of the degree was accredited by or a candidate for accreditation with:

(1) The Council of Naturopathic Medicine Education (CNME), so long as the CNME maintains recognition from the United States Department of Education; or

(2) Any other accrediting agency recognized by the United States Department of Education.

5202.2 The Board of Medicine shall not waive the educational requirements for licensure to practice naturopathic medicine for person registered to practice naturopathy or naturopathic healing.

History

• SOURCE: As amended by final rulemaking published at 53 DCR 4799(June 16, 2006).

17 DCMR § 5203 [RESERVED]

History

• SOURCE: As amended by final rulemaking published at 53 DCR 4799 (June 16, 2006).

17 DCMR § 5204 [RESERVED]

History

• SOURCE: As amended by final rulemaking published at 53 DCR 4799 (June 16, 2006).

17 DCMR § 5205 NATIONAL EXAMINATION

5205.1 Except as otherwise provided in this subtitle, an applicant shall receive a passing score on the required level of the examination sponsored by the Naturopathic Physicians Licensing Examination (NPLEX) basic science examination and clinical science examination sections administered by the North American Board of Naturopathic Examiners (NABNE), or other examination approved by the Board of Medicine.

5205.2 A passing score on the Part I series of the Basic Science Examination shall be a minimum converted score of seventy-five (75) on each of the five (5) parts.

5205.3 An applicant who does not achieve a score of at least sixty (60) on each of failed parts shall be required to retake the entire Part I series.

5205.4 An applicant shall take and pass Part II of the Core Clinical Science Examination within ten (10) years of taking Part I of the Basic Science Examination. Failure to take and pass Part II within the ten (10) year period shall result in the applicant retaking Part I again.

5205.5 A passing score on Part II of the Core Clinical Science Examination shall consist of:

(a) Achieving a minimum converted score of at least seventy-five (75) on all eight (8) Part II Core Clinical Science Examinations; or

(b) Under the Compensatory Model for Part II Core Clinical Science Series:

(1) Achieving a converted score on the Physical and Clinical Examination of at least seventy-five (75);

(2) Achieving an average converted score on the eight (8) Part II Core Clinical Science Examinations of at least seventy-five (75) with Clinical Add-On Examination scores not being included in the average; and

(3) Achieving a converted score for every Part II Core Clinical Science Examination of at least seventy (70).

5205.6 Part II Add-On Examinations for Homeopathy, Minor Surgery and Acupuncture shall not be required.

History

• SOURCE: As amended by final rulemaking published at 53 DCR 4799 (June 16, 2006); as amended by final rulemaking published at 54 DCR 6427 (June 29, 2007); as amended by final rulemaking published at 54 DCR 7486 (August 3, 2007 ).

17 DCMR § 5206 CONTINUING EDUCATION REQUIREMENTS

5206.1 Subject to § 5206.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a license for a term expiring February 28, 2008.

5206.2 This section shall not apply to applicants for an initial license by examination, reciprocity, or endorsement, nor shall it apply to applicants for the first renewal of a license granted by examination.

5206.3 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 5207.

5206.4 An applicant for renewal of a license shall:

Have completed thirty (30) hours of approved continuing education credit during the two (2) year period preceding the date the license expires, which shall include:

(1) Two (2) hours of continuing education credit in cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) that meets the requirement of § 5206.11; and

(2) At least ten percent (10%) of the total required continuing medical education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

Attest to completion of the required continuing education credit on the renewal application form; and

Be subject to a random audit.

5206.5 To qualify for a license a person in inactive status for at least five (5) years as set forth in § 511 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02(14) (2016 Repl.)), Act, D.C. Official Code § 3-1205.11 (2016 Repl.), who submits an application to reactivate a license shall submit proof pursuant to § 5206.8 of this section of having completed fifteen (15) hours of approved continuing education credit in the year immediately preceding the date of the application. Of the fifteen (15) hours of approved continuing education:

Two (2) hours shall relate to cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) and shall meet the requirement of § 5206.11; and

At least ten percent (10%) of the total required continuing medical education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

5206.6 To qualify for a license, a person in inactive status within the meaning of § 511 of the Act, D.C. Official Code § 3-1205.11 (2016 Repl.) for more than five (5) years who submits an application to reactivate a license shall submit proof pursuant to § 5206.8 of having completed approved continuing education credit in the year immediately preceding the date of the application as follows:

Thirty (30) hours of approved continuing education credit, which shall include:

(1) Two (2) hours of continuing education credit in cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) that meets the requirement of § 5206.11; and

(2) At least ten percent (10%) of the total required continuing medical education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website; and

One hundred sixty (160) hours within a sixty (60) day period of professional practice under the supervision of a naturopathic physician.

5206.7 To qualify for a license, an applicant for reinstatement of a license shall submit proof pursuant to § 5206.8 of having completed approved continuing education credit in the year immediately preceding the date of the application as follows:

Thirty (30) hours of approved continuing education credit, which shall include:

(1) Two (2) hours of continuing education credit in cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) that meets the requirement of § 5206.11; and

(2) At least ten percent (10%) of the total required continuing medical education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website; and

One hundred sixty (160) hours within a sixty (60) day period of professional practice under the supervision of a naturopathic physician.

5206.8 Except as provided in § 5206.10, an applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion, by signature or stamp.

5206.9 Beginning with the 2008 renewal period, the Board shall conduct a random audit of continuing education credits at the completion of each renewal period.

5206.10 Applicants for renewal of a license shall only be required to prove completion of the required continuing education credit by submitting proof pursuant to § 5206.8 if requested to do so as part of the random audit, or if otherwise requested to do so by the Board.

5206.11 Continuing education hours that are completed in cultural competence and appropriate clinical treatment specifically for individuals who are LGBTQ shall, at a minimum, provide information and skills to enable a physician assistant to care effectively and respectfully for patients who identify as LGBTQ, which may include:

Specialized clinical training relevant to patients who identify as LGBTQ, including training on how to use cultural information and terminology to establish clinical relationships;

Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors for patients who identify as LGBTQ;

Training that outlines the legal obligations associated with treating patients who identify as LGBTQ;

Best practices for collecting, storing, using, and keeping confidential, information regarding sexual orientation and gender identity;

Best practices for training support staff regarding the treatment of patients who identify as LGBTQ and their families;

Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that those who identify as LGBTQ may experience these systems in varying degrees of intensity; and

Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for patients who identify as LGBTQ.

History

• SOURCE: Final Rulemaking published at 53 DCR 4799 (June 16, 2006); as amended by Final Rulemaking published at 64 DCR 11060 (October 27, 2017); as amended by Final Rulemaking published at 66 DCR 13385 (October 11, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5206

17 DCMR § 5207 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

5207.1 The Board may, in its discretion, approve continuing education programs and activities designed to maintain, develop, or increase the knowledge, skills, and professional performance of persons licensed to practice as naturopathic physicians and which meet the other requirements of this section.

5207.2 The Board may approve the following types of continuing education programs, if the programs meet the requirements of § 5207.3:

(a) An undergraduate or graduate course given at an accredited college or university;

(b) A seminar or workshop;

(c) An educational program given at a conference; and

(d) In-service training.

5207.3 To qualify for approval by the Board, a continuing education program or activity shall do the following:

(a) Be current in its subject matter;

(b) Be developed and taught by qualified individuals; and

(c) Meet one of the following requirements:

(1) Be administered or approved by a recognized national, state, or or local naturopathic medicine organization; health care organization; accredited health care facility; or an accredited college or university; or

(2) Be submitted by the program sponsors to the Board for review no less than sixty (60) days prior to the date of the presentation and be approved by the Board.

5207.4 The Board may issue and update a list of approved continuing education programs.

5207.5 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

History

• SOURCE: As amended by final rulemaking published at 53 DCR 4799 (June 16, 2006).

17 DCMR § 5208 [RESERVED]

History

• SOURCE: As amended by final rulemaking published at 53 DCR 4799 (June 16, 2006).

17 DCMR § 5209 [RESERVED]

History

• SOURCE: As amended by final rulemaking published at 53 DCR 4799 (June 16, 2006).

17 DCMR § 5210 LAWFUL PRACTICE

5210.1 An individual licensed to practice naturopathic medicine under the Act may use the titles "Doctor of Naturopathic Medicine," "Naturopathic Physician," "Licensed Naturopath," "Naturopathic Doctor," "Doctor of Naturopathy," "Naturopath," or the initials "ND."

5210.2 An individual licensed to practice naturopathic medicine may:

(a) Administer or provide for preventive and therapeutic purposes natural medicines by their appropriate route of administration the following:

Natural remedies;

Topical medicine;

Counseling;

Hypnotherapy;

Dietary therapy;

Naturopathic physical medicine;

Therapeutic devices; and

Barrier devices for contraception.

(b) Order, perform, review and interpret the results of diagnostic procedures commonly used by physicians in general practice, including:

(1) Physical and orificial examinations;

(2) Electrocardiograms;

(3) Diagnostic imaging techniques;

(4) Phlebotomy;

(5) Clinical laboratory test and examinations; and

(6) Physiological function tests.

5210.3 An individual licensed to practice naturopathic medicine under this Act shall not:

Prescribe, dispense, or administer any controlled substances, except those natural medicine authorized by this Act;

Perform surgical procedures, except for minor office procedures, as defined by rule;

Use for therapeutic purposes, any device regulated by the United States Food and Drug Administration (FDA) that has not been approved by the FDA;

Participate in naturopathic childbirth, unless the naturopathic physician:

Passes a specialty examination in obstetrics or natural childbirth approved by the Advisory Committee on Naturopathic Medicine, the Board of Medicine, or the Mayor, such as the American College of Nurse Midwives Written Examination or an equivalent national examination;

Has a minimum of 100 hours of course work, internship, or preceptorship in obstetrics of natural childbirth approved by the Advisory Committee on Naturopathic Medicine;

Files with the Department of Health and maintains a written collaboration agreement with a licensed obstetrician who is qualified to perform obstetrical surgery; and

Has assisted in a minimum of fifty (50) supervised births, including prenatal and postnatal care, under the direct supervision of a licensed naturopathic, medical, or osteopathic physician with training in obstetrics or natural childbirth, at least twenty-five (25) of which document the naturopathic physician as the primary birth attendant.

5210.4 The Board, in consultation with the Advisory Committee on Naturopathic Medicine, may issue and update annually a formulary listing of natural remedies authorized to be used in the practice of naturopathic medicine.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 4799 (June 16, 2006); as amended by Notice of Final Rulemaking published at 58 DCR 1469 (February 18, 2011); as corrected by Errata Notice published at 58 DCR 2406 (March 18, 2011).

17 DCMR § 5211 STANDARDS OF CONDUCT

5211.1 Any holder of a license under this chapter to practice as a naturopathic physician shall comply with the standards of ethical and professional conduct established by the American Association of Naturopathic Physicians as they may be amended or republished from time to time.

History

• SOURCE: As amended by final rulemaking published at 53 DCR 4799 (June 16, 2006).

17 DCMR § 5299 DEFINITIONS

5299.1 As used in this chapter, the following terms have the meanings ascribed:

Applicant - a person applying for a license to practice naturopathic medicine under this chapter.

Board - the Board of Medicine, established by § 203(a) of the Act, D.C. Official Code § 3-1202.03 (1985 Repl.).

Director – The Director of the Department of Health, or his or her designee.

Natural remedy - a substance wherein the active ingredient is derived from plant, animal, mineral, or fungal sources; or any substance found in nature, and which may also contain common pharmaceutical excipients, that is used in a general naturopathic medical practice.

Naturopathic physical medicine - the use of the physical agents of air, water, heat, cold, sound, and light, and the physical modalities of electrotherapy, biofeedback, diathermy, ultraviolet light, ultrasound, hydrotherapy, and exercise, includes naturopathic manipulation and mobilization therapy.

5299.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 53 DCR 4799 (June 16, 2006); as amended by Final Rulemaking published at 58 DCR 1469 (February 18, 2011); as amended by Final Rulemaking published at 66 DCR 13385 (October 11, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5299

17-54 REGISTERED NURSING

17 DCMR § 5400 GENERAL PROVISIONS

5400.1 This chapter applies to applicants for and holders of a license to practice registered nursing and persons otherwise authorized to practice pursuant to §§ 5411 and 5412. No persons may practice registered nursing in the District unless licensed or otherwise authorized to do so in accordance with this chapter.

5400.2 Chapters 40 (General Rules), 41 (Administrative Procedures), and 85 (Licensed, Registered, or Certified Health Professional Criminal Background Checks) of this title shall supplement this chapter.

5400.3 An application for license that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned and closed by the Board. The applicant whose application was closed pursuant to this subsection and who wishes to obtain a license shall thereafter be required to reapply, comply with the current requirements for licensure, and pay the required fees.

History

• SOURCE: Final Rulemaking published at 36 DCR 622 (January 20, 1989); as amended by Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5400

17 DCMR § 5401 TERM OF LICENSE

5401.1 Subject to § 5401.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of June 30 of each even-numbered year.

5401.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birth date of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 622 (January 20, 1989); as amended by Final Rulemaking published at 51 DCR 8613 (September 3, 2004).

17 DCMR § 5402 EDUCATIONAL REQUIREMENTS

5402.1 Except as otherwise provided in this chapter, an applicant for a license shall furnish proof satisfactory to the Board in accordance with § 504(n) of the Act (D.C. Official Code § 3-1205.04(n)) of the following:

(a) That the applicant has successfully completed a nursing education program leading to licensure as a registered nurse which was:

(1) Approved by the Board in accordance with Chapter 56 of this title; or

(2) Approved by a nursing board in the United States or U.S. territory with standards determined by the Board to be substantially equivalent to the standards in the District in accordance with Chapter 56 of this title; or

(b) That the applicant has successfully completed a basic nursing education program in Canada leading to licensure as a registered nurse which was approved by a Canadian Provincial nursing board with standards determined by the Board to be substantially equivalent to the standards in the District in accordance with Chapter 56 of this title.

5402.2 An applicant for a license who was previously licensed in any jurisdiction and has not been actively practicing for five (5) or more years shall submit proof of having completed a board-approved refresher course in accordance with D.C. Official Code § 3-1205.04(e-2).

History

• SOURCE: Final Rulemaking published at 35 DCR 622 (January 20, 1988); as amended by Final Rulemaking published at 35 DCR 2747, 2751 (May 4, 1990); as amended by Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5402

17 DCMR § 5403 EDUCATIONAL REQUIREMENTS FOR APPLICANTS EDUCATED IN FOREIGN COUNTRIES

5403.1 An applicant for a license who completed an educational program in a foreign country, which program was not approved in accordance with § 5402.1, shall furnish proof satisfactory to the Board of the following:

(a) That the applicant’s education and training are substantially equivalent to the requirements of this chapter and the Act;

(b) That the applicant successfully completed a credentials evaluation by an organization approved or recognized by the Board; and

(c) That the applicant has spoken and written competency in English by documenting one of the following:

(1) Graduation from a nursing program in a country where English is the native language and English was the only language of instruction through the applicant’s inclusive dates of attendance;

(2) Successful passage of an English proficiency examination approved by the Board that includes the components of reading, speaking, writing, and listening; or

(3) Evidence that the applicant has completed a total of twelve (12) months of full-time employment in the United States during the two (2) years immediately preceding the date of application.

5403.2 An applicant under this section who has practiced nursing in any country other than the United States shall provide information related to their licensure status in the other country.

5403.3 Notwithstanding any other provisions in this chapter, the Board may conduct a current competency review of an applicant under this section who, during the twelve (12) months before the application, has not engaged in the practice of registered nursing either in any country including the United States. The Board may deny licensure to an applicant who cannot establish their current competency to practice registered nursing in a safe and effective manner.

5403.4 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit the translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 35 DCR 622, 623 (January 24, 1988); as amended by Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5403

17 DCMR § 5404 NATIONAL EXAMINATION

5404.1 To qualify for a license, an applicant shall have:

(a) Completed the educational requirements under § 5402.1 or § 5403.1; and

(b) Obtained a passing score on the National Council Licensure Examination for Registered Nurses (NCLEX-RN) developed by the National Council of State Boards of Nursing, Inc. (NCSBN). The passing score on the NCLEX-RN shall be the passing score established by the NCSBN.

5404.2 To apply for a license by examination, an applicant shall submit a completed application on a form approved by the Board.

5404.3 An applicant for license by examination shall not be permitted to take the NCLEX-RN unless Board has determined that the applicant meets the qualifications required for a license pursuant to this Chapter and grants the applicant approval to sit for the examination.

5404.4 An approval for an applicant to sit for the NCLEX-RN examination granted pursuant to this section shall remain effective for not more than ninety (90) days, unless the Board extends the time period under the following circumstances:

(a) The declaration of a public emergency or public health emergency; or

(b) The applicant’s failure to sit for the examination within the required time was for good cause, which includes but is not limited to the following:

(1) Serious illness of the applicant or the applicant’s immediate family member; or

(2) Death of an immediate family member of the applicant.

5404.5 An application shall be deemed abandoned and closed if the applicant fails to take or pass the examination within ninety (90) days, or fails to request or obtain an extension under § 5404.4. An applicant whose application has been closed may seek an approval to sit for the examination by submitting a new application and complying with all requirements of this chapter.

5404.6 An applicant who has not passed the examination more than twelve (12) months but less than three (3) years after the applicant has either graduated from an approved nursing education program under § 5402, or stopped practicing in a foreign country, shall complete a review course approved by the Board to be approved to sit for the examination.

5404.7 An applicant who has not passed the examination more than three (3) years but less than five (5) years after the applicant has either graduated from an approved nursing education program under § 5402, or stopped practicing in a foreign country, shall complete a review course approved by the Board to be approved to sit for the examination and, upon passing the examination, shall complete a nursing refresher course approved by the Board to be eligible for a license.

5404.8 The Board shall not approve any applicant to sit for NCLEX-RN who has not passed the examination more than five (5) years after their graduation from an approved nursing education program under § 5402, or who has stopped practicing in a foreign country more than five (5) years before the date of the application.

History

• SOURCE: Final Rulemaking published at 35 DCR 622, 624 (January 20, 1989); as amended by Final Rulemaking published at 36 DCR 2747, 2751 (May 4, 1990); as amended by Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5404

17 DCMR § 5405 LICENSURE BY ENDORSEMENT

5405.1 Except as provided otherwise in this section, an applicant shall be eligible for licensure by endorsement if the applicant is currently licensed as a registered nurse under the laws of a state or territory of the United States and the following applies:

(a) The applicant’s original licensure in the state or territory was based on their completion of an educational program that meets the requirements of § 5402.1 or § 5403.1, and the applicant’s receipt of a passing score on the NCLEX-RN or the State Board Test Pool Examination for Nurses; and

(b) The applicant’s licensure history shows that the applicant has continuously been in good standing in all jurisdictions where the applicant holds or has held a registered nursing license.

5405.2 Notwithstanding the requirement of § 5405.1(b), the Board may issue a license to an applicant who does not meet the requirement of § 5405.1(b) if the Board determines that the District’s public interest is served by so doing.

5405.3 If the applicant completed an educational program for registered nursing in a foreign country, and the educational program was not approved in accordance with the requirements set forth in § 5402.1, the applicant shall demonstrate spoken and written competency in English in accordance with § 5403.1(c).

5405.4 Nothing is this section shall be construed to prohibit the Board from utilizing other authorized databases to verify an applicant's current licensure standing in other jurisdictions of the U.S. or to review disciplinary records.

5405.5 Notwithstanding the provisions of §§ 5402 and 5403, an applicant who possesses a multistate license in good standing issued under the Nurse Licensure Compact based on the passage of the NCLEX-RN shall be deemed to possess educational qualifications substantially equivalent to the District licensure standards and shall be eligible for a District license by endorsement.

History

• SOURCE: Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022); as amended by Errata Notice published 70 DCR 014190 (October 27, 2023); as amended by Final Rulemaking published at 72 DCR 014235 (December 26, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5405

17 DCMR § 5406 RENEWAL OF LICENSE

5406.1 Except as provided in § 5406.4, an applicant for renewal of a license shall have completed, during the two (2) years before the expiration of the license, twenty-four (24) hours of continuing education meeting the requirements of § 5410 and the following:

(a) Two (2) hours shall be in cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender and queer in accordance with D.C. Official Code § 3-1205.10 (b)(5); and

(b) Ten percent (10%) of the total shall be in subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed necessary.

5406.2 Pursuant to D.C. Official Code § 3-1205.10(b-1)(3), the requirements of D.C. Official Code § 3-1205.10(b)(4) are waived.

5406.3 The Board may periodically conduct an audit of licensees to determine compliance with the continuing education requirements. A licensee who has been selected to participate in an audit shall, within thirty (30) days of receiving the notice of the audit, submit proof of completion of the continuing education required pursuant to § 5406.1.

5406.4 An applicant seeking renewal of the license for the first time after the initial grant of the license shall not be required to complete continuing education. A reinstatement or reactivation of a license shall not constitute an initial grant of a license.

History

• SOURCE: Final Rulemaking published at 35 DCR 622, 625 (January 20, 1989); as amended by Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5406

17 DCMR § 5407 REACTIVATION OF AN INACTIVE LICENSE

5407.1 A licensee holding an inactive license pursuant to § 511 of the Act (D.C. Official Code § 3-1205.11) may apply for reactivation of the license within five (5) years after the last expiration of the license as follows:

(a) A licensee who has maintained an active and valid license, without any adverse action, encumbrance, or restriction, in another state during the entirety of the inactive period in the District may have their license reactivated upon submission of the following:

(1) A complete application on a form prescribed by the Board;

(2) The required fee;

(3) Proof of having completed twenty-four (24) hours of continuing education meeting the requirements of § 5406.1 within the twenty-four (24) months preceding the date of the application; and

(4) Proof of licensure and standing in the jurisdiction where the licensee maintained an active license.

(b) A licensee who does not meet the requirement of paragraph (a) above may have their license reactivated if the Board, after receiving the complete application and fee, determines that the licensee possesses sufficient current competency and fitness to practice safely and effectively in the District. Evidence of sufficient current competency and fitness may include, for example, proof of the following:

(1) Completion of continuing education;

(2) Continued practice of registered nursing outside the United States; or

(3) Engagement in any combination of activities that would maintain or promote current competency.

5407.2 In evaluating the current competency of an applicant for reactivation, the Board may require that the applicant complete a Board-approved re-entry program.

History

• SOURCE: Final Rulemaking published at 35 DCR 622, 626 (January 20, 1989); as amended by Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5407

17 DCMR § 5408 REINSTATEMENT OF AN EXPIRED LICENSE

5408.1 A person whose license has been expired for no more than five (5) years may seek reinstatement of the license. A license shall not be eligible for reinstatement if more than five (5) years have elapsed since its expiration.

5408.2 To be eligible for license reinstatement, an applicant shall submit proof of having completed twenty-four (24) hours of continuing education meeting the requirements of § 5406.1 within the two (2) years immediately preceding the application date.

History

• SOURCE: Final Rulemaking published at 35 DCR 622, 627 (January 20, 1989); as amended by Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5408

17 DCMR § 5409 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5409

17 DCMR § 5410 APPROVED CONTINUING EDUCATION

5410.1 The Board, in its discretion, may approve continuing education programs and activities that contribute to the professional growth and competence of the licensee in the practice of registered nursing, are relevant to the practitioner’s area of practice, and meet the other requirements of this section.

5410.2 Continuing education credit may be granted only for programs or activities approved by the Board.

5410.3 To qualify for approval by the Board, a continuing education program shall meet the following requirements:

(a) It is current in its subject matter;

(b) It has been developed and taught by qualified individuals; and

(c) It meets one of the following requirements:

(1) It is administered and approved by a registered nurse, nursing organization, or health services organization that is recognized by the Board; or

(2) It is approved by a state board of nursing, the American Nurses Credentialing Center, Accreditation Council for Continuing Medical Education, or any other national accrediting body recognized by the Board.

5410.4 A person seeking continuing education credit shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to enrolling in a program.

5410.5 At the request of a licensee or the sponsor of a continuing education program, the Board may approve the following types of continuing education programs if the program meets the requirements of this section:

(a) An undergraduate course or graduate course given at an accredited college or university;

(b) A conference, course, seminar, or workshop;

(c) An educational course offered through the internet; or

(d) Other programs which meet the requirements of this section.

5410.6 Except as provided in § 5410.7, completion of fifty (50) minutes of an approved program or activity shall constitute one (1) continuing education credit.

5410.7 For approved undergraduate or graduate courses, each semester hour of credit shall constitute fifteen (15) hours of continuing education credit, and each quarter hour of credit shall constitute ten (10) hours of continuing education credit.

5410.8 A person seeking continuing education credit shall submit the following documentation or information for each program for which continuing education is claimed on a form prescribed by the Board:

(a) The name and address of the sponsor or provider of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the name(s) of the instructor(s);

(c) The date(s) on which the licensee attended the program;

(d) The hours of credit claimed; and

(e) A verification form signed and stamped by the program sponsor.

5410.9 The Board may, in its discretion, grant continuing education credits for the following activities:

(a) Serving as a speaker at an approved continuing education program;

(b) Developing a Board-approved course or educational offering;

(c) Being the author or editor of a peer-reviewed, published periodical, if the periodical has been published or accepted for publication during the period for which credit is claimed;

(d) Obtaining a national nursing certification not previously held;

(e) Completion of or participation in a completed qualitative or quantitative research project; or

(f) Active participation and attendance in a volunteer leadership position within a regulatory board or national professional association.

5410.10 Continuing education credits for activities under § 5410.9 shall be subject to the following limitations:

(a) The activity for which credit is granted shall occur or be completed during the period for which the credit is sought;

(b) Credits granted under § 5410.9(a) may be granted for both presentation time and preparation time. Credits for preparation shall not exceed twice the amount of presentation time; and

(c) Credits granted under § 5410.9(f) shall not exceed a total of six (6) continuing education credits during the period for which the credit is sought.

5410.11 A person seeking continuing education credit for activities under § 5410.9 shall provide sufficient documentation to allow the Board to determine if the activity meets the requirements of § 5410.1.

History

• SOURCE: Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5410

17 DCMR § 5411 SUPERVISED PRACTICE OF STUDENTS

5411.1 A student may practice registered nursing only in accordance with the Act and this chapter.

5411.2 A student who is fulfilling educational requirements under § 103(c) of the Act, D.C. Official Code § 3-1201.03(c), may be authorized to engage in the supervised practice of registered nursing without a District of Columbia license.

5411.3 Only a registered nurse licensed under the Act, who is an appointed faculty member of the accredited school, college, or university, or a preceptor meeting the qualifications set forth in chapter 56 of this title, shall be authorized to supervise the practice of registered nursing by a student.

5411.4 A student who practices pursuant to this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, a health education center, or other health care facility considered appropriate by the school, college, or university.

5411.5 All supervised practice of a student shall take place under general or immediate supervision of a registered nurse.

5411.6 A person who has been denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5411.7 A student practicing under this section shall not assume administrative or technical responsibility for the operation of a nursing program, unit, service, or institution.

5411.8 A student shall identify himself or herself as such before engaging in the supervised practice of registered nursing. A student shall wear a picture identification badge with lettering clearly visible to the client bearing the name of the student and the position title.

5411.9 A student shall not receive compensation of any nature, directly or indirectly, from a client or client's family member.

5411.10 The appointed supervising faculty member shall be fully responsible for the practice by a student during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter by the student.

5411.11 The Board may deny an application for licensure by, or take other disciplinary action against, a student who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the student to practice.

History

• SOURCE: Final Rulemaking published at 35 DCR 622, 629 (January 20, 1989); as amended by Final Rulemaking published at 51 DCR 8613 (September 3, 2004).

17 DCMR § 5412 SUPERVISED PRACTICE BY APPLICANTS

5412.1 An applicant for a license as a registered nurse may practice registered nursing only in accordance with the Act and this chapter.

5412.2 An unlicensed individual may be authorized to engage in the supervised practice of registered nursing if the individual:

(a) Has submitted an application for a license in accordance with this chapter and the application is currently pending;

(b) Has graduated from an approved nursing program in accordance with § 5402.1, or met the requirements set forth in § 5403; and

(c) Has never taken the NCLEX-RN examination.

5412.3 An applicant seeking to practice pursuant to § 5412.2 shall submit a request for a supervised practice letter. The applicant shall not be permitted to practice unless the supervised practice letter has been issued by the Board. The supervised practice letter is not renewable and shall expire:

(a) Ninety (90) days after the date of issuance; or

(b) Upon receipt of written notice from the Board that the applicant has failed the examination.

5412.4 Upon receipt of the supervised practice letter, the applicant shall inform the employer of the date of expiration of the letter and shall immediately stop the practice of registered nursing on that date, or upon receipt of written notice from the Board that the applicant has failed the examination, whichever date is earlier.

5412.5 The applicant authorized to practice under this section may do so only under the general or immediate supervision of a registered nurse licensed under this chapter.

5412.6 An applicant authorized to practice under this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, academic institution, or other health care facility considered appropriate and approved by the Board.

5412.7 An applicant authorized to practice under this section shall not assume administrative or technical responsibility for the operation of a nursing program, unit, service, or institution.

5412.8 An applicant authorized to practice under this section shall identify themself as an applicant practitioner before engaging in the practice of registered nursing. The applicant shall wear a picture identification badge with lettering clearly visible to the client bearing the name of the applicant and the position title.

5412.9 An applicant practicing under this section shall not receive compensation of any nature, directly or indirectly, from a client or client's family member, except for a salary or wage from their employer based on hours of supervised worked.

5412.10 The supervisor of an applicant authorized to practice under this section shall be fully responsible for the practice of the applicant during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter.

5412.11 The Board may deny an application for licensure by, or take other disciplinary action against, an applicant who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the applicant to practice registered nursing.

History

• SOURCE: Final Rulemaking published at 35 DCR 622, 630 (January 20, 1989); as amended by Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5412

17 DCMR § 5413 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5413

17 DCMR § 5414 SCOPE OF PRACTICE

5414.1 The practice of registered nursing means the performance of the full scope of nursing services, with or without compensation, designed to promote and maintain health, prevent illness and injury, and provide care to all patients in all settings and includes:

(a) Providing a comprehensive nursing assessment of the health status of a patient;

(b) Collaborating with a health care team to develop and coordinate an integrated, patient-centered health care plan;

(c) Developing a comprehensive, patient-centered health care plan, including:

(1) Establishing nursing diagnoses;

(2) Setting goals to meet identified health care needs; and

(3) Prescribing nursing interventions;

(d) Implementing nursing care through the execution of independent nursing strategies, and the provision of regimens requested, ordered or prescribed by authorized health care providers;

(e) Evaluating responses to interventions and the effectiveness of the plan of care;

(f) Designing and implementing teaching plans based on patient needs;

(g) Delegating and assigning nursing interventions to implement the plan of care;

(h) Providing for the maintenance of safe and effective nursing care rendered directly or indirectly;

(i) Advocating the best interest of patients;

(j) Communicating and collaborating with other health care providers in the management of health care and the implementation of the total health care regimen within and across care settings;

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

(l) Teaching the theory and practice of nursing;

(m) Participating in the development of health care policies, procedures and systems; and

(n) Performing other acts that require education and training consistent with professional standards as prescribed by the Board and commensurate with the registered nurse’s education, demonstrated competencies and experience.

5414.2 A registered nurse may accept or perform an activity, intervention, or role that is not within the traditional nursing training or responsibility if all the following criteria are met:

(a) The activity, intervention, or role is consistent with professional standards and not prohibited by the Act or this chapter;

(b) The registered nurse has the appropriate education, knowledge, competency, and training to safely perform the activity, intervention, or role and there is documented evidence of the registered nurse’s current competency;

(c) Performing the activity, intervention, or role is consistent with evidence-based nursing and health care literature;

(d) There are practice-setting policies and procedures in place to support performing the activity, intervention, or role;

(e) The activity, intervention, or role would be performed by a reasonable and prudent nurse in that setting;

(f) The appropriate resources to perform the activity, intervention, or role are available to the registered nurse; and

(g) The registered nurse is prepared to accept accountability for the activity, intervention, or role as well as the outcomes.

5414.3 A registered nurse shall ensure that a client or patient is fully informed of their role and responsibility as a registered nurse and wear a pictured identification badge with lettering clearly visible to a client bearing the name of the registered nurse and the title "Registered Nurse" or "R.N.".

History

• SOURCE: Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5414

17 DCMR § 5415 DELEGATION AND ASSIGNMENT

5415.1 A registered nurse shall be fully responsible for the provision of nursing services including implementation of a plan of care. A registered nurse may delegate or assign nursing interventions or tasks only in accordance with this section, and shall be responsible and accountable for the performance and outcome of any delegated or assigned task.

5415.2 A registered nurse may delegate or assign nursing interventions or tasks to be performed by a licensed practical nurse (LPN), nursing assistive personnel (NAP), or unlicensed assistive personnel (UAP). Each delegation or assignment shall be in a manner that does not conflict with the Act or other District laws, this chapter, or federal laws and regulations that affect the practice of nursing in the District.

5415.3 To properly delegate a nursing intervention or task to a delegatee:

(a) The registered nurse shall have performed a full assessment of the patient’s, client’s, or consumer’s needs and determined the required nursing interventions or tasks;

(b) The registered nurse shall have determined that:

(1) The delegatee possesses sufficient skills, training, and competence to successfully and safely perform the delegated interventions or tasks;

(2) The interventions or tasks to be delegated are of the type that frequently recur in the daily care of the patient, client, or customer and are usually performed according to established sequence of steps with predictable results and minimal potential risks;

(3) The successful performance of the intervention or task does not require ongoing assessment, interpretation, or decision-making beyond the completion of the task or intervention at hand;

(4) The organization or agency has policies, procedures, or protocol in place for the delegation; and

(c) The registered nurse shall be available to provide supervision to the delegatee, which shall include:

(1) Providing instructions to the delegatee;

(2) Monitoring the performance of the delegated nursing intervention(s);

(3) Verifying that the delegated nursing intervention(s) has been implemented; and

(4) Evaluating the client’s response and the outcome of the delegated nursing intervention(s).

5415.4 A registered nurse shall not delegate an intervention or task unless the registered nurse is themself competent to perform it, and the intervention or task is within scope of practice for registered nursing in accordance with § 5414.

5415.5 Prior to delegation, the nurse administrator or administrator of nursing services in any setting where nursing services are provided shall establish policies and procedures for delegation in nursing practice. The policies and procedures shall include a mechanism for:

(a) Identifying those individuals, by position title and job description, to whom nursing interventions may be delegated or assigned based on education, training, and competency measurements;

(b) Documenting the competence level of the LPN, NAP, or UAP;

(c) Specifying the level and type of supervision required for each delegatee; and

(d) Periodically evaluating the delegation process.

5415.6 If the delegating registered nurse determines that an LPN, NAP, or UAP cannot safely perform the nursing intervention, the delegating registered nurse shall not delegate the nursing intervention to the LPN, NAP, or UAP.

5415.7 The delegating registered nurse shall delegate in a manner that protects the health, safety, and welfare of the client and others. The nursing tasks delegated shall be:

(a) Within the area of responsibility of the nurse delegating the task;

(b) The type that can be properly and safely performed by the delegatee without jeopardizing the client’s welfare; and

(c) Based on the assessment of a reasonable and prudent nurse, within the scope of sound nursing judgment.

5415.8 The delegating registered nurse shall determine the required degree of supervision after an evaluation of appropriate factors including:

(a) The stability of the client’s condition;

(b) The willingness and ability of the client to be involved in the management of his or her care;

(c) The training, experience, and competency of the delegatee implementing the nursing intervention; and

(d) The nature of the nursing intervention.

5415.9 The following registered nursing responsibilities shall not be delegated:

(a) The initial nursing assessment of the client;

(b) The ongoing comprehensive nursing assessment of the client;

(c) Development of the nursing diagnoses;

(d) Establishment of the nursing care goals;

(e) Evaluation of the client’s progress or lack of progress toward goal achievement;

(f) Client counseling and family education, except as it relates to promoting independence in personal care and activities of daily living (ADLs);

(g) Coordination and management of care including triage, collaborating, consulting, and referring;

(h) Providing advice to a client or family member; or

(i) Any nursing task which requires registered nursing knowledge, judgment, and skill.

5415.10 A registered nurse shall comply with the regulations governing the delegation to and scope of NAP in accordance with chapters 61, 93, 94, 95, 96, 97 of this title and any other rules or regulations governing NAP.

5415.11 To properly assign a nursing care task, a registered nurse shall:

(a) Ensure that the task or intervention to be assigned is clearly within the basic training and lawful scope of the person assigned;

(b) Ensure that the person assigned possesses the requisite skills and competence; and

(c) Supervise, monitor, and evaluate the performance of assigned tasks or interventions.

History

• SOURCE: Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5415

17 DCMR § 5416 STANDARDS OF CONDUCT

5416.1 A registered nurse shall adhere to the standards set forth in the “Code of Ethics for Nurses with Interpretive Statements” as adopted by the American Nurses Association in 2015, which is available at https://www.nursingworld.org/coe-view-only.

5416.2 A registered nurse shall:

(a) Practice within the scope of practice for registered nursing established by the Act and this chapter;

(b) Demonstrate honesty and integrity in nursing practice;

(c) Base nursing decisions on nursing knowledge and skills, the needs of patients, and registered nursing standards;

(d) Accept responsibility for judgments, individual nursing actions, competence, decisions, and behavior in the course of nursing practice; and

(e) Maintain competence through ongoing learning and application of knowledge in registered nursing practice.

5416.3 A registered nurse shall respect the client's right to privacy by protecting confidential information, unless the registered nurse is obligated or allowed by law to disclose the information.

5416.4 A registered nurse shall not accept or perform professional responsibilities which the nurse is not competent to perform.

5416.5 A registered nurse shall not, after accepting an assignment or responsibility for a client’s care, and without giving adequate notice to the supervisor so that arrangements can be made for the continuation of nursing care by others:

(a) Unilaterally sever the established nurse-client relationship; or

(b) Leave a client for a length of time, or in a manner, that exposes the client unnecessarily to risk of harm.

5416.6 A registered nurse shall know, recognize, and maintain professional boundaries of the nurse-client relationship.

5416.7 A registered nurse shall report any unsafe nursing practice that they have reasonable cause to suspect has exposed, or is likely to expose, a client to unnecessary risk of harm as a result of a failure to provide client care that conforms to the minimum standards of acceptable and prevailing professional practice. The registered nurse shall report the conduct to the appropriate authority within the facility, or the Board.

5416.8 A registered nurse shall provide nursing services, without discrimination, regardless of the age, disability, economic status, gender, national origin, race, religion, or health problems of the client served.

History

• SOURCE: Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5416

17 DCMR § 5499 DEFINITIONS

5499.1 As used in this chapter, the following terms have the meanings ascribed:

Act - Health Occupation Revision Act of 1985 ("Act"), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq.).

Administrator for Nursing Services - the licensed registered nurse responsible for planning, directing and controlling the operation of nursing service within an agency, health care facility, or setting in which nursing care is being offered or provided.

Activities of Daily Living (ADL) - the basic tasks of everyday life, such as getting in and out of bed, bathing, dressing, eating, walking, toileting, transferring to and from one's wheelchair, and taking medications prescribed for self-administration.

Agency - any person, firm, corporation, partnership, or other business entity engaged in the business of referring nursing personnel, as employees or independent contractors, to a health care facility for the purpose of rendering temporary nursing services.

Board - the Board of Nursing, established by § 204 of the Act, D.C. Official Code § 3-1202.04.

Delegation - the transference from the registered nurse to another individual within the scope of his or her practice, the authority to act on behalf of the registered nurse in the performance of a nursing intervention, while the registered nurse retains the accountability and responsibility for the delegated act.

General Supervision - supervision in which the supervisor is available on the premises or within vocal communication either directly or by a communication device at the time the supervisee is practicing.

Immediate Supervision - supervision in which the supervisor is with the supervisee and either discussing or observing the person's practice.

NCLEX-RN - National Council Licensure Examination for Registered Nurses.

Nursing Assistive Personnel – trained and regulated personnel providing nursing assistance under a licensed nurse’s supervision, including persons regulated under chapters 61 (Trained Medication Employee), 93 (Home Health Aides), 94 (Dialysis Technicians), 95 (Medication Aides), 96 (Certified Nurse Aides), and 97 (Patient Care Technicians) of this title, and any other persons subsequently regulated pursuant to the Act.

Nursing Intervention - the initiation and completion of a client focused action necessary to accomplish the goal(s) defined in the client-centered plan of care.

Practical Nurse - a person licensed to practice practical nursing under the Act and chapter 55 of this title.

Re-entry program - a formal program of study with both didactic and clinical components, designed to prepare a nurse who has been out of practice to re-enter into nursing practice at the registered nurse level.

Registered Nurse - a person licensed to practice registered nursing under the Act and this chapter.

Review Course - a course of study providing review of basic preparation for the NCLEX-RN examination.

Supervisor - a registered nurse licensed under the Act who is responsible and accountable for assigning, directing, evaluating and managing a unit, service, or program that offers or provides nursing care or who is responsible for the supervision of trained unlicensed personnel, students, graduate nurses, or other licensed nurses.

Unlicensed Assistive Personnel - an individual, other than a licensed nurse or nursing assistive personnel, who has received appropriate training or instruction to function in a complementary or assistant role to a licensed nurse in providing direct patient care or in carrying out common nursing tasks. The term includes, but is not limited to, medical assistants, orderlies, assistant technicians, attendants, or other health aides, who are not subject to licensure, registration, or certification requirements pursuant to the Act.

5499.2 The definitions in § 4099 of Chapter 40 of this title are in incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5499

17-55 PRACTICAL NURSING

17 DCMR § 5500 GENERAL

5500.1 This chapter shall apply to applicants for and holders of a license to practice practical nursing.

5500.2 Chapters 40 (General Rules) and 41 (Administrative Procedures) of this title shall supplement this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is § 302(14) of the District of Columbia Health Occupations Revision Act of 1985, D.C. Law 6-99, D.C. Code § 2-3303.2(14) (1988 Repl. Vol.), 33 DCR 729, 732 (February 7, 1986), and Mayor's Order 86-110, 33 DCR 5220 (August 22, 1986).
• SOURCE: Final Rulemaking published at 36 DCR 632 (January 20, 1989); as amended by Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5501 TERM OF LICENSE

5501.1 Subject to § 5501.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of June 30 of each odd-numbered year.

5501.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birth date of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 36 DCR 632 (January 20, 1989); as amended by Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5502 EDUCATIONAL REQUIREMENTS

5502.1 Except as otherwise provided in this chapter, an applicant for a license shall furnish proof satisfactory to the Board in accordance with § 504(m) of the Act, D.C. Official Code § 3-1205.04(m), of the following:

(a) That the applicant has successfully completed an educational program leading to licensure as a practical nurse which was approved by the Board or by a nursing board in the United States or U.S. territory with standards determined by the Board to be substantially equivalent to the standards in the District; or

(b) That the applicant is a member of or has been honorably discharged from the United States Army with the rating of clinical specialist after completing the MOS 91C practical nursing program.

History

• SOURCE: Final Rulemaking published at 36 DCR 632 (January 20, 1989); as amended by Final Rulemaking published at 37 DCR 2747, 2751 (May 4, 1990); as amended by Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5503 EDUCATIONAL REQUIREMENTS FOR APPLICANTS EDUCATED IN FOREIGN COUNTRIES

5503.1 An applicant who completed an educational program in a foreign country, which program was not approved in accordance with § 5502.1, shall furnish proof satisfactory to the Board in accordance with § 504(m) of the Act, D.C. Official Code § 3-1205.04(m) of the following:

(a) That the applicant's education and training are substantially equivalent to the requirements of this chapter and the Act;

(b) That the applicant successfully completed the Commission on Graduates of Foreign Nursing Schools (CGFNS) examination by submitting a certificate from CGFNS; and

(c) That the applicant has spoken and written competency in English by documenting one of the following:

(1) Graduation from a nursing program where English was the only language of instruction throughout the applicant's inclusive dates of attendance;

(2) Successful completion of the Test of Spoken English (TSE) examination with a passing score of fifty (50);

(3) Successful completion of the International English Language Testing System (IELTS) examination with a passing score of six (6.0) overall with a spoken band score of seven (7.0); or

(4) Provide proof that the applicant has completed a total of twelve (12) months of full-time employment in the United States during the two (2) years immediately preceding the date of application.

5503.2 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit the translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 36 DCR 632, 633 (January 20, 1989); as amended by Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5504 LICENSURE BY EXAMINATION

5504.1 To qualify for a license by examination, an applicant shall:

(a) Receive a passing score on the National Council Licensure Examination for Practical Nurses (NCLEX-PN) developed by the National Council of State Boards of Nursing, Inc. (NCSBN). The passing score on the NCLEX-RN shall be the passing score established by the NCSBN;

(b) Meet the educational requirements of this chapter; and

(c) Meet any other requirements as set forth by the Board.

5504.2 To apply for a license by examination, an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

(1) The applicant's social security number on the application. If the applicant does not have a social security number, the applicant shall submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2") which clearly exposes the area from the top of the forehead to the bottom of the chin.

(b) Arrange for a certified transcript of the applicant's academic record and a letter of recommendation from the nurse administrator of the school or college to be sent directly from the educational institution to the Board;

(c) Sit for the NCLEX-PN examination not later than ninety (90) days following submission of the application. The Board may, in its discretion, grant an extension of the time requirement if the applicant's failure to sit for the examination was for good cause. As used in this section "good cause" includes the following:

(1) Serious and protracted illness of the applicant; or

(2) The death or serious and protracted illness of a member of the applicant's immediate family.

(d) Submit any other required documents; and

(e) Pay all required fees.

5504.3 An application that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned, and closed by the Board. The applicant shall thereafter be required to reapply, comply with the current requirements for licensure, and pay the required fees.

5504.4 If an applicant has not yet taken or passed the NCLEX-PN examination three (3) months after the date the applicant became eligible to apply to sit for the exam, the applicant shall complete a review course approved by the Board and provide proof of having completed the course in order to be eligible to sit for the next available NCLEX-PN examination. For purposes of this section:

(a) Graduates of an educational program in practical nursing approved in accordance with § 5502.1 are eligible to apply to sit for the exam upon graduation.

(b) Graduates of an educational program in practical nursing in a foreign country not approved in accordance with § 5502.1 are eligible to apply to sit for the exam upon completion of the requirements set forth in § 5503.1.

5504.5 If an applicant has not yet taken or passed the NCLEX-RN examination more than one (1) year after the date the applicant becomes eligible to apply to sit for examination, the applicant shall submit a plan of study for approval by the Board in order to be approved to sit for the NCLEX-RN examination.

History

• SOURCE: Final Rulemaking published at 36 DCR 632, 634 (January 20, 1989); as amended by Final Rulemaking published at 37 DCR 2747, 2751 (May 4, 1990); as amended by Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5505 LICENSURE BY ENDORSEMENT

5505.1 An applicant is eligible for licensure by endorsement if the applicant is currently licensed as a practical nurse under the laws of a state or territory of the United States; and if the applicant's original licensure in a state or territory was based upon:

(a) A score of three hundred and fifty (350) on each part of the State Board Test Pool Examination for practical nurses taken before September 1982; or

(b) A passing score on the NCLEX-PN.

5505.2 To apply for a license by endorsement, an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

(1) The applicant's social security number on the application. If the applicant does not have a social security number, the applicant shall submit a sworn affidavit, under penalty of perjury, with the application stating that he or she does not have a social security number; and

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2") which clearly exposes the area from the top of the forehead to the bottom of the chin.

(b) Submit a copy of his or her current license with the application;

(c) Obtain licensure verification from the original state or territory of licensure that the license is current and in good standing:

(1) If the license from the original state or territory is not current, an applicant shall obtain verification from a state or territory that the applicant holds a current license in good standing; and

(2) The licensure verification form must be sent directly to the Board, by the verifying Board.

(d) Meet any other requirements as set forth by the Board; and

(e) Pay all required fees.

5505.3 If the applicant completed an educational program for practical nursing in a foreign country, which program was not approved in accordance with the requirements set forth in § 5502.1, the applicant shall also demonstrate spoken and written competency in English by providing documentation of one of the following:

(a) Graduation from a nursing program where English was the only language of instruction throughout the applicant's inclusive dates of attendance;

(b) Successful completion of the Test of Spoken English (TSE) examination;

(c) Successful completion of the International English Language Testing System (IELTS) examination with a passing score of six (6.0) overall with a spoken band score of seven (7.0); or

(d) Provide proof that the applicant has completed a total of twelve (12) months of full-time employment at a health care facility in a state or territory of the United States during the two (2) years immediately preceding the date of application.

5505.4 An application that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned, and closed by the Board. The applicant shall thereafter be required to reapply, submit the required documents and completed forms, and pay the required fees.

5505.5 Nothing in this section shall be construed to prohibit the Board from utilizing other authorized databases to verify an applicant's current licensure standing in other jurisdictions of the U.S or to review disciplinary records.

5505.6 Notwithstanding the provisions of this section, § 5502, or § 5503, an applicant who possesses a multistate license in good standing issued under the Nurse Licensure Compact based on passage of the NCLEX-PN shall be deemed to possess educational qualifications substantially equivalent to the District licensure standards and shall be eligible for a District license by endorsement.

History

• SOURCE: Final Rulemaking published at 54 DCR 701 (January 26, 2007); as amended by Final Rulemaking published at 72 DCR 014235 (December 26, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5505

17 DCMR § 5506 LICENSURE BY RE-ENTRY PROGRAM

5506.1 A health professional who fails to apply for reinstatement of a District of Columbia practical nursing license within five (5) years after the license expires, and who is not currently licensed to practice practical nursing under the laws of a state or territory of the United States, may apply for licensure to practice practical nursing in the District of Columbia under licensure by re-entry program.

5506.2 To apply for licensure by re-entry program, an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

(1) The applicant's social security number on the application; and

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2") which clearly exposes the area from the top of the forehead to the bottom of the chin.

(b) Submit proof of completion of a re-entry program approved by the Board;

(c) Submit any other required documents; and

(d) Pay all required fees.

5506.3 An application that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned, and closed by the Board. The applicant shall thereafter be required to reapply, comply with the current requirements for licensure, and pay the required fees.

5506.4 Board shall periodically conduct a random audit of its active licensees to determine compliance. The nurses selected for the audit shall provide a completed Continuing Education Compliance Audit Form and all supporting documentation to the Board within ten (10) days of receiving notification of the audit.

History

• SOURCE: Final Rulemaking published at 36 DCR 632, 634 (January 20, 1989); as amended by Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5507 REACTIVATION OF AN INACTIVE LICENSE

5507.1 A licensee in an inactive status, pursuant to § 511 of the Act, D.C. Official Code § 3-1205.11, may apply for reactivation of the license by submitting a completed application on the forms required by the Board and paying the required fees.

5507.2 A licensee in inactive status, pursuant to § 511 of the Act, D.C. Official Code § 3-1205.11, for twelve (12) months or more, who submits an application to reactivate a license shall:

(a) Submit proof as set forth in § 5508.7 of having completed nine (9) hours of continuing education in the licensee's current area of practice for each year, or any portion thereof, the license was in inactive status up to a maximum of eighteen (18) hours of continuing education. Only continuing education taken in the two (2) years immediately preceding the application date will be accepted; or

(b) Submit proof of a current license in good standing to practice practical nursing from a state or territory of licensure in the United States. Verification of good standing must be sent directly to the Board by the verifying Board.

5507.3 A licensee in an inactive status, pursuant to § 511 of the Act, D.C. Official Code § 3-1205.11, for two (2) years or more, who submits an application to reactivate a license shall:

(a) Submit proof as set forth in § 5508.7 of having completed nine (9) hours of continuing education in the licensee's current area of practice for each year, or any portion thereof, the license was in inactive status up to a maximum of eighteen (18) hours of continuing education. Only continuing education taken in the two (2) years immediately preceding the application date will be accepted;

(b) Submit proof of completion of a re-entry program approved by the Board; or

(c) Submit proof of a current license in good standing to practice practical nursing from a state or territory of licensure in the United States. Verification of good standing must be sent directly to the Board by the verifying Board.

History

• SOURCE: Final Rulemaking published at 36 DCR 632, 636 (January 20, 1989); as amended by Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5508 REINSTATEMENT OF AN EXPIRED LICENSE

5508.1 An applicant for reinstatement of a license shall:

(a) Submit proof as set forth in § 5510 of having completed eighteen (18) hours of continuing education in the applicant's current area of practice in the two years immediately preceding the application date; and

(b) Meet any other requirements that the Board may set forth to determine whether the license should be reinstated.

5508.2 An applicant for reinstatement of a license shall submit the required documents and completed forms required by the Board and pay the required fees.

5508.3 The Board shall not reinstate the license of an applicant who fails to apply for reinstatement of the license within five (5) years after the license expires. The applicant may become licensed by applying for and meeting the requirement for obtaining an initial license which shall include licensure by the re-entry program.

History

• SOURCE: Final Rulemaking published at 36 DCR 632, 637 (January 20, 1989); as amended by Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5509 RENEWAL OF A LICENSE

5509.1 A licensee shall renew his or her license by submitting a completed application on the forms required by the Board and paying the required fees prior to the expiration of the license.

5509.2 The Board's staff shall mail out applications for renewal at least sixty (60) days prior to the date the license expires.

5509.3 A licensee shall have the burden of notifying the Board if a renewal notice is not received.

5509.4 A licensee shall notify the Board in writing of a change of home or business address within thirty (30) days after the change.

5509.5 A licensee applying for renewal shall submit proof of completion of eighteen (18) contact hours of continuing education in the licensee's current area of practice commencing with the renewal period of 2007. Only continuing education hours obtained in the two (2) years immediately preceding the application date will be accepted.

5509.6 A licensee applying for renewal of a license who fails to submit proof of having completed the continuing education requirements by the date the license expires may renew the license within sixty (60) days after the date of expiration by submitting proof pursuant to § 5510 and by paying the required late fees.

5509.7 Upon submitting proof and paying the required late fees, the licensee shall be deemed to have possessed a valid license during the period between the expiration of the license and the submission of the required documents and fees.

5509.8 If a licensee applying for renewal of a license fails to submit proof of completion of the continuing education requirements, or pay the late fee within sixty (60) days after the expiration of the applicant's license, the license shall be considered to have lapsed on the date of expiration and the health care professional shall thereafter be required to apply for reinstatement of an expired license and meet all requirements and fees for reinstatement.

5509.9 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew the license after expiration, if the licensee's failure to submit proof of completion of the continuing education or pay the late fee was for good cause. As used in this section "good cause" includes the following:

(a) Serious and protracted illness of the licensee; and

(b) The death or serious and protracted illness of a member of the licensee's immediate family.

5509.10 The Board may, in its discretion, waive continuing education requirements for a licensee who submits proof of:

(a) Serving as a speaker at an approved continuing education program. The presentation shall have been completed during the period for which credit is claimed; or

(b) Being the author or editor of a published periodical, if the periodical has been published or accepted for publication during the period for which credit is claimed.

5509.11 If a licensee has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless the presentation involved either a different subject or substantial additional research concerning the same subject.

History

• SOURCE: Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5510 CONTINUING EDUCATION

5510.1 The Board, in its discretion, may approve continuing education programs and activities that contribute to the growth of an applicant in professional and competence in the practice of practical nursing and which meet the other requirements of this section.

5510.2 Continuing education credit may be granted only for programs or activities approved by the Board.

5510.3 The Board shall maintain a list of approved continuing education program sponsors which shall be available to the public during regular business hours.

5510.4 A licensee shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to enrolling in a program.

5510.5 At the request of a licensee, or the sponsor of a continuing education program, the Board may approve the following types of continuing education programs if the programs meet the requirements of this section:

(a) An undergraduate course or graduate course given at an accredited college or university;

(b) A conference, course, seminar, or workshop;

(c) An educational course offered through the Internet; or

(d) Other programs approved by the Board which meet the requirements of this section.

5510.6 To qualify for approval by the Board, a continuing education program shall meet the following requirements:

(a) Be current in its subject matter;

(b) Be developed and taught by qualified individuals; and

(c) Meet one of the following requirements:

(1) Be administered and approved by a registered nurse, nursing organization, or health services organization that is recognized by the Board; or

(2) Be administered and approved by a health care facility, institution, or organization, or a college, school or university that is accredited by the Secretary of the United States Department of Education or the Council on Post Secondary Education or the American Nurses Credentialing Council (ANCC).

5510.7 A licensee shall submit the following information with respect to each program for which continuing education is claimed, on a form required by the Board:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the name(s) of the instructor(s);

(c) The date(s) on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Attach a verification form signed and stamped by the program sponsor.

5510.8 The Board shall grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

5510.9 For approved undergraduate or graduate courses, each semester hour of credit shall constitute fifteen (15) hours of continuing education credit, and each quarter hour of credit shall constitute ten (10) hours of continuing education credit.

History

• SOURCE: Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5511 SUPERVISED PRACTICE OF STUDENTS

5511.1 A student may practice practical nursing only in accordance with the Act and this chapter.

5511.2 A student who is fulfilling educational requirements under § 103(c) of the Act, D.C. Official Code § 3-1201.3, shall be authorized to engage in the supervised practice of practical nursing without a District of Columbia license.

5511.3 Only a registered nurse licensed under the Act, who is an appointed faculty member of the accredited school, college, or university, or a preceptor meeting the qualifications set forth in chapter 56 of this title, shall be authorized to supervise the practice of practical nursing by a student.

5511.4 A student who practices pursuant to this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, a health education center, or other health care facility considered appropriate by the school, college, or university.

5511.5 All supervised practice of a student shall take place under general or immediate supervision of a registered nurse.

5511.6 A person who has been denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or other jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5511.7 A student practicing under this section shall not assume administrative or technical responsibility for the operation of a nursing program, unit, service, or institution.

5511.8 A student shall identify himself or herself as such before practicing as a practical nurse. A student shall wear a picture identification badge with lettering clearly visible to the client bearing the name of the student and the position title.

5511.9 A student shall not receive compensation of any nature, directly or indirectly, from a client or client's family member.

5511.10 The appointed supervising faculty member shall be fully responsible for all practice by a student during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter by the student.

5511.11 The Board may deny an application for licensure by, or take other disciplinary action against, a student who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the student to practice.

History

• SOURCE: Final Rulemaking published at 36 DCR 632, 638 (January 20, 1989); as amended by Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5512 SUPERVISED PRACTICE OF GRADUATE NURSES

5512.1 A graduate nurse may practice practical nursing only in accordance with the Act and this chapter.

5512.2 An individual may be authorized to engage in the supervised practice of practical nursing, as a graduate nurse, without a District of Columbia license if the individual:

(a) Graduated from a nursing program pursuant to § 5502.1, or has met the requirements set forth in § 5503;

(b) Has not failed the NCLEX-PN examination; and

(c) Has an initial application pending for licensure by examination in the District of Columbia.

5512.3 A person who has been denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5512.4 Within five (5) business days after the application for licensure by exam has been received by the Board's staff, the Board's staff shall, at the request of the applicant, issue a supervised practice letter to the applicant to document that his or her application is pending and that he or she is authorized to practice under the Act and this chapter. The practice letter is not renewable and shall expire:

(a) Ninety (90) days from the date of issuance;

(b) Upon notification that the applicant has failed the NCLEX examination;

(c) Upon receipt of written notice from the Board that the application for licensure has been denied, whichever date is the earliest.

5512.5 Upon receipt of the practice letter, the graduate nurse shall inform employers of the date of expiration of the letter and shall immediately cease professional nursing practice on that date or upon receipt of written notice from the Board that the application for licensure has been denied, whichever date is the earliest. The graduate nurse thereafter may practice in a non-professional healthcare occupation, until receipt of a license or issuance of a license number.

5512.6 Only a registered nurse licensed under the Act, who is a supervisor, shall be authorized to supervise the practice of practical nursing by a graduate nurse.

5512.7 All supervised practice of a graduate nurse shall take place under general or immediate supervision.

5512.8 A graduate nurse who practices pursuant to this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, or other health care facility considered appropriate and approved by the Board.

5512.9 A graduate nurse shall not be eligible to practice practical nursing in any of the following settings;

(a) Correctional Facility;

(c) Dialysis Center;

(c) Home Health Agency;

(d) Community Residential Facility;

(e) Nursing Staffing Agency;

(f) Medical Group Practice;

(g) School, (as a school nurse); and

(h) Any other setting that does not meet the requirements of § 5512.8.

5512.10 A graduate nurse practicing under this section shall not assume administrative or technical responsibility for the operation of a nursing program, unit, service, or institution.

5512.11 A graduate nurse shall identify himself or herself as such before engaging in the supervised practice of practical nursing. A student shall wear a picture identification badge with lettering clearly visible to the client bearing the name of the student and the position title.

5512.12 A graduate nurse shall not receive compensation of any nature, directly or indirectly, from a client or client's family member, except for a salary based on hours worked under supervision.

5512.13 The supervisor shall be fully responsible for the practice by a graduate nurse during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter by the graduate nurse.

5512.14 The Board may deny an application for licensure by, or take other disciplinary action against, a graduate nurse who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the graduate nurse to practice.

History

• SOURCE: Final Rulemaking published at 36 DCR 632, 640 (January 20, 1989); as amended by Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5513 SUPERVISED PRACTICE OF APPLICANTS FOR LICENSURE BY ENDORSEMENT

5513.1 An applicant may practice practical nursing only in accordance with the Act and this chapter.

5513.2 An applicant for licensure by endorsement shall be authorized to engage in the supervised practice of practical nursing in the District of Columbia without a District of Columbia license if the applicant:

(a) Is currently licensed, in good standing, as a practical nurse under the laws of a state or territory of the United States;

(b) Is a graduate of a program approved in accordance with § 5502.1, or can demonstrate competency in English pursuant to § 5505.3; and

(c) Has an initial application pending for licensure by endorsement in the District of Columbia.

5513.3 A person who has been denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5513.4 Within five (5) business days after the application for licensure by endorsement has been received by the Board's staff, the Board's staff shall issue a practice letter to the applicant to document that his or her application is pending and that he or she is eligible to practice under the Act and this chapter. The practice letter is not renewable and shall expire:

(a) Ninety (90) days from the date of issuance; or

(b) Upon receipt of written notice from the Board that the application for licensure has been denied, whichever date is the earliest.

5513.5 Upon receipt of the practice letter, the applicant shall inform employers of the date of expiration of the letter and shall immediately cease professional nursing practice in the District on that date or upon receipt of written notice from the Board that the application for licensure has been denied, whichever date is the earliest. The applicant thereafter may practice in a non-professional healthcare occupation, until receipt of a District of Columbia license to practice practical nursing.

5513.6 Only a registered nurse licensed under the Act, who is a supervisor, may be authorized to supervise the practice of practical nursing by an applicant.

5513.7 All supervised practice of an applicant shall take place under general or immediate supervision.

5513.8 An applicant shall not receive compensation of any nature, directly or indirectly, from a client or client's family member, except for a salary based on hours worked under supervision.

5513.9 The supervisor shall be fully responsible for the practice by an applicant during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter by the applicant.

5513.10 The Board may deny an application for licensure by, or take other disciplinary action against, an applicant who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the applicant to practice.

History

• SOURCE: Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5514 SCOPE OF PRACTICE

5514.1 The practice of practical nursing means the following:

(a) The performance of actions of preventive health care, health maintenance, and the care of persons who are ill, injured, or experiencing alterations in health processes at the direction of the delegating or supervisory registered nurse; and

(b) The basic knowledge, judgment, and skills in nursing procedures gained through successful completion of an approved educational program in practical nursing.

5514.2 A practical nurse shall accept only those assigned nursing activities and responsibilities as set forth in the Act and this chapter, which the practical nurse can safely perform. That acceptance shall be based on the following requirements in each practice setting which shall include:

(a) The qualifications of the practical nurse in relation to the client's needs and the integrated plan of care, including:

(1) Basic education and preparation of the practical nurse; and

(2) Knowledge and skills subsequently acquired through continuing education and practice.

(b) The degree of supervision by a registered nurse;

(c) The stability of each of the clients' condition;

(d) The complexity and frequency of nursing intervention to address the needs of the client or client group;

(e) The accessible resources within the agency or facility; and

(f) The established policies, procedures, standards of practice, and communication channels, which lend support to the model of nursing services offered by the agency or facility.

5514.3 The practice of practical nursing shall include the following:

(a) Participating in the performance of the ongoing comprehensive nursing assessment process of the client's biological, physiological, and behavioral health, including the client's reaction to an illness, injury, and treatment regimens by collecting data and performing focused nursing assessments;

(b) Recording and reporting the findings and results of the ongoing nursing assessment process;

(c) Participating in the development and modification of the client-centered plan of care;

(d) The administration of medication and treatment as prescribed by a legally authorized health care professional, licensed in the District of Columbia, and that is within the scope of practice of a practical nurse;

(e) Implementing appropriate aspects of the integrated plan of care in which the practical nurse is knowledgeable, skilled, and competent to perform and that is within the scope of practice of the practical nurse;

(f) Participating in the nursing care management through assigning and directing nursing interventions that may be performed by unlicensed, trained personnel;

(g) Participating in the evaluation of the client response and outcome to interventions;

(h) Promoting and maintaining a safe and therapeutic environment;

(i) Participating in health teaching and counseling to promote, attain, and maintain the optimum health level of the client;

(j) Communicating and collaborating with other health care team members and other professionals;

(k) Monitoring intravenous infusion;

(l) Inserting nasogastic tubes; and

(m) Other acts or services which are beyond the basic education of a practical nurse as approved by the Board. The acts or services shall be commensurate with the practical nurse's experience, continuing education, and demonstrated competencies.

5514.4 A practical nurse shall not:

(a) Function as a director of nursing or as an administrator of nursing;

(b) Supervise the clinical practice of a registered nurse;

(c) Administer the following medications:

(1) Investigational or toxins;

(2) Antineoplastic agents;

(3) Anesthesia or conscious sedation;

(4) Oxytocics; or

(5) Medications by way of intrathecal or epidural route.

5514.5 A practical nurse may administer medications intravenously if the following conditions are met:

(a) The Administrator for Nursing Services has developed policies, procedures, and practice standards governing the practice of medication administration by practical nurses and established specific criteria for use when approving medications for intravenous administration by practical nurses;

(b) The practical nurse has successfully completed an educational program for intravenous medication administration;

(c) The practical nurse has been evaluated and validated for clinical competency in intravenous medication administration; and

(d) The practical nurse administers the approved medications under the general supervision of a licensed, registered nurse.

5514.6 A practical nurse shall not:

(a) Administer any medications prohibited under § 5514.4(d); or

(b) Perform intravenous therapy or administer any intravenous medications in home care settings or community based residential care settings.

5514.7 A practical nurse shall only administer medications which have been approved by the Administrator for Nursing Services.

5514.8 A practical nurse may perform infusion therapy upon successfully completing an approved program of infusion therapy approved by the Board and if the following requirements are met:

(a) The Administrator of Nursing Services has developed policies, procedures and practice standards which govern the practice of infusion therapy;

(b) The supervisor maintains documentation to validate the competency of the practical nurse; and

(c) A registered nurse is present in the facility or on the unit when the practical nurse is performing infusion therapy.

5514.9 A practical nurse may perform the following infusion therapy acts:

(a) Insertion of a peripheral intravenous catheter that is no more than three (3) inches in length;

(b) Discontinuing peripheral intravenous catheters that are no more than three (3) inches in length;

(c) Initiation of prescribed intravenous fluids;

(d) Calculating and adjusting intravenous flow rate, including infusion pumps;

(e) Adding intravenous fluids to an established peripheral line. Fluids must be non-medicated, commercially prepared or prepared by a licensed pharmacist. Accepted fluids are limited to those fluids that are generally used as maintenance, and isotonic in nature;

(f) Administering pharmacy prepared medications;

(g) Insertion of heparin locks, including flushing with normal saline or heparin 100 units;

(h) Venipuncture or withdrawal of a blood specimen from a peripheral catheter site; and

(i) Changing of injection cap or intravenous tubing for peripheral lines only.

5514.10 A practical nurse shall wear a picture identification badge with lettering clearly visible to a client bearing the name of the practical nurse and the title "Licensed Practical Nurse" or "L.P.N.".

History

• SOURCE: Final Rulemaking published at 54 DCR 701 (January 26, 2007); as amended by Final Rulemaking published at 63 DCR 5732 (April 15, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5514

17 DCMR § 5515 DELEGATION OF PRACTICAL NURSING INTERVENTIONS

5515.1 Nothing in this section shall be applicable to, restrict, or limit the gratuitous provision of care by self, family, or friends.

5515.2 Practical nurses may delegate nursing interventions to be performed by unlicensed assistive personnel. Such delegation shall be in a manner that does not conflict with the Act, this chapter, or with other District and federal laws and regulations which affect the practice of nursing in the District of Columbia.

5515.3 Nothing in this chapter shall be construed as permitting or authorizing an unlicensed person to perform duties beyond the scope permitted, or which are prohibited, by any other District or federal laws or regulations.

5515.4 A practical nurse may assume the responsibilities of delegating, assigning, directing, and evaluating nursing interventions to be performed by other practical nurses and unlicensed assistive personnel, after the supervisory registered nurse has met the following requirements:

(a) Developed a plan of nursing strategies to be integrated within the client-centered plan of care that identifies the needs of the client, nursing diagnoses, and prescribed nursing interventions; and

(b) Implemented a client-centered plan of care, including an identification of those interventions and activities that the practical nurse has the necessary skills and competence to accomplish safely.

5515.5 The Administrator for Nursing Services, or supervisor, shall be responsible for establishing policies and procedures for nursing practice. The policies and procedures shall include a mechanism for:

(a) Identifying those individuals, by position title and job description, to whom nursing interventions may be delegated based on education, training, and competency measurements; and

(b) Assisting the delegating practical nurse in verifying the competency of the unlicensed assistive personnel prior to assigning nursing interventions.

5515.6 If the delegating practical nurse determines that the unlicensed assistive personnel cannot safely perform the nursing intervention, the practical nurse shall not delegate the nursing intervention.

5515.7 The delegating practical nurse shall assign and delegate in a manner that protects the health, safety, and welfare of the client and others. The nursing tasks delegated shall:

(a) Be within the area of responsibility of the nurse delegating the act;

(b) Be such that, in the judgment of the nurse, it can be properly and safely performed by the unlicensed assistive personnel without jeopardizing the client welfare; and

(c) Be a task that a reasonable and prudent nurse would find is within the scope of sound nursing judgment.

5515.8 A practical nurse may assign and direct the following types of nursing activities and interventions:

(a) Activities and interventions whose results are predictable and whose potential for risk is minimal;

(b) Activities and interventions that frequently recur in the daily care of the client; and

(c) Activities and interventions that utilize a standard and unchanging procedure.

5515.9 A practical nurse that is responsible for assigning and directing other practical nurses and unlicensed assistive personnel shall do the following:

(a) Provide initial instructions;

(b) Monitor the nursing services;

(c) Evaluate the outcome of the assigned activity or intervention; and

(d) Provide feedback to the delegating or supervisory registered nurse.

5515.10 Unlicensed assistive personnel shall practice under general or immediate supervision of a licensed nurse.

5515.11 The delegating licensed nurse shall be fully responsible for providing supervision of the unlicensed assistive personnel. The supervision shall include:

(a) Instructing the unlicensed assistive personnel in the delegated nursing intervention(s);

(b) Monitoring the performance of the delegated nursing intervention(s);

(c) Verifying that the delegated nursing intervention(s) has been implemented; and

(d) Evaluating the client's response and the outcome of the delegated nursing intervention(s).

5515.12 The delegating practical nurse shall determine the required degree of supervision after an evaluation of appropriate factors including:

(a) The stability of the client's condition;

(b) The willingness and ability of the client to be involved in the management of his or her care;

(c) The training, experience, and competency of the unlicensed assistive personnel implementing the nursing intervention; and

(d) The nature of the nursing intervention.

5515.13 The delegating practical nurse shall be responsible at all times for all nursing interventions provided by the unlicensed assistive personnel to whom it was delegated, and is subject to disciplinary action for any violation of the Act or this chapter in connection with the nursing intervention performed by the unlicensed assistive personnel.

History

• SOURCE: Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5516 STANDARDS OF CONDUCT

5516.1 A practical nurse shall adhere to the standards set forth in the "Code of Ethics for Nurses" as published by the American Nurses Association, as they may be amended or republished from time to time.

5516.2 A practical nurse shall respect the client's right to privacy by protecting confidential information unless obligated or allowed by law to disclose the information.

5516.3 A practical nurse shall not accept or perform professional responsibilities that the nurse is not competent to perform.

5516.4 A practical nurse shall not, after accepting an assignment or responsibility for a client's care, and without giving adequate notice to the supervisor so that arrangements can be made for continuation of nursing care by others:

(a) Unilaterally sever the established nurse-client relationship;

(b) Leave a client for a length of time, or in a manner, that exposes the client unnecessarily to risk of harm; or

(c) Leave a nursing assignment.

5516.5 A practical nurse shall know, recognize, and maintain professional boundaries of the nurse-client relationship.

5516.6 A practical nurse shall provide nursing services, without discrimination, regardless of the age, disability, economic status, gender, national origin, race, religion, or health problems of the client served.

History

• SOURCE: Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17 DCMR § 5599 DEFINITIONS

5599.1 As used in this chapter, the following terms have the meanings ascribed:

Act - Health Occupation Revision Act of 1985 ("Act"), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq.) (2001).

Administrator for nursing services - the licensed registered nurse responsible for planning, directing, and controlling the operation of nursing service within an agency, health care facility, or setting in which nursing care is being offered or provided.

Activity of daily living (ADL) - getting in and out of bed, bathing, dressing, eating, walking, and taking medications prescribed for self-administration.

Agency - any person, firm, corporation, partnership, or other business entity engaged in the business of referring nursing personnel, as employees or independent contractors, to a health care facility for the purpose of rendering temporary nursing services.

Applicant - person applying for a license to practice practical nursing under this chapter.

Assignment - the transference from the practical nurse to another individual, the authority to act on behalf of the practical nurse in the performance of a nursing intervention, while the practical nurse retains the accountability and responsibility for the assigned act and providing feedback to the delegating or supervisory registered nurse.

Board - the Board of Nursing, established by § 204 of the Act, D.C. Official Code § 1202.04.

Competence - the state or quality of being capable of performing a task or function as the result of having the required knowledge, skills, and ability.

Complex interventions - those interventions that require nursing judgment to safely alter standard procedures in accordance with the needs of the client, require nursing judgment to determine how to proceed from one step to the next, or require implementation of the nursing process.

Educational program - a program accredited by a recognized nursing body approved by the board that leads to a diploma, associate degree, or baccalaureate degree in nursing.

General supervision - supervision in which the supervisor is available on the premises or within vocal communication either directly or by a communication device at the time the trained unlicensed personnel, or licensed practical nurse is practicing.

Graduate nurse - an individual who has graduated from a nursing program for practical nursing, who has never taken the NCLEX-PN exam, and whose application for a license by examination in the District of Columbia is pending.

Health professional - a person who holds a license, certificate, or registration issued under the authority of this title or the Act.

Immediate supervision - supervision in which the supervisor is with the trained unlicensed personnel or licensed practical nurse and either discussing or observing the person's practice.

Nursing intervention - the initiation and completion of a client focused action necessary to accomplish the goal(s) defined in the client-centered plan of care.

Practical nurse - a person licensed to practice practical nursing under the Act and this chapter.

Re-entry program - a formal program of study with both didactic and clinical components, designed to prepare a nurse who has been out of practice to re-enter into nursing practice at the practical nurse level.

Registered nurse - a person licensed to practice registered nursing under the Act and chapter 54 of this title.

Review course - a course of study providing review of basic preparation for the NCLEX-PN examination.

Supervisor - a registered nurse licensed under the Act who is responsible and accountable for assigning, directing, evaluating and managing a unit, service or program that offers or provides nursing care or who is responsible for the supervision of trained unlicensed personnel, students, graduate nurses or other licensed nurses.

Unlicensed assistive personnel - a person who is not licensed to practice nursing, but has been trained to function in an assistant or subordinate role to the registered or practical nurse in providing nursing care.

5599.2 The definitions in § 4099 of Chapter 40 of this title are in incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 36 DCR 632, 640 (January 20, 1989); as amended by Final Rulemaking published at 54 DCR 701 (January 26, 2007).

17-56 NURSING SCHOOLS AND PROGRAMS

17 DCMR § 5600 APPROVAL OF NURSING PROGRAMS

5600.1 Pre-licensure, RN-to-BSN, or advanced practice nursing programs shall not operate in the District of Columbia without approval by the Board of Nursing (Board). This chapter sets forth the requirements and standards that a nursing education program in the District must meet to obtain approval by the Board, and the standards and procedures by which the Board shall approve, deny, or withdraw approval from a program.

5600.2 The approval status of a nursing education program in the District may be initial, full, or conditional. The nursing education program shall publicize the approval status of the program to its students and shall display its approval certificate conspicuously.

5600.3 Chapter 40 (Health Occupations: General Rules), Chapter 41 (Health Occupations: Administrative Procedures), Chapter 54 (Registered Nursing), Chapter 55 (Practical Nursing), Chapter 57 (Certified Registered Nurse-Anesthetists), Chapter 58 (Nurse-Midwives), Chapter 59 (Nurse-Practitioners), and Chapter 60 (Clinical Nurse Specialist) of this title supplement this chapter.

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015); as amended by Final Rulemaking published at 68 DCR 012447 (November 26, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5600

17 DCMR § 5601 INITIAL APPROVAL

A college or university seeking initial approval of a nursing education program shall submit to the Board the following information:

A statement of intent to establish a pre-licensure, RN-to-BSN, or advanced practice nursing education program, including name of owners and organization;

A proposal which includes documentation of the following information:

The present and future need for the program and the need for the specified level nurses in the District, including identification of potential students and employment opportunities for graduates;

The potential impact on other nursing education programs in the area (e.g. clinical placements, faculty, and students);

The organizational structure of the controlling college or university documenting the relationship of the program within that institution;

The licensure status of the controlling college or university by the District of Columbia Higher Education Licensure Commission including accreditation status by a regional accrediting organization recognized by the U.S. Department of Education;

The purpose, mission, and level of the program, including the method of education delivery;

The availability of qualified administrators and faculty pursuant to the qualifications established under this chapter;

(7) The hiring procedures for ensuring that administrators and faculty will meet the requirements of this chapter;

(8) The budgeted faculty positions;

(9) The source and description of adequate clinical resources for the anticipated student population and program level, along with an attached Board of Nursing clinical verification form;

(10) The virtual lab or campus lab space and equipment, and an indication of the maximum number of students permitted in the lab in one session;

(11) Adequate academic facility and staff for campus-based programs, including instructional and administrative staff to support the program;

(12) Evidence of financial resources adequate for the planning, implementation, and continuation of the program;

(13) A description of the anticipated student population and enrollment;

(14) The tentative time schedule for planning and initiating the program;

(15) The admission criteria and procedures;

(16) The progression criteria and procedures;

(17) The graduation criteria and procedures;

(18) A curriculum plan including framework, program objectives, and list of all courses; and

(19) A systematic plan for evaluation of the program; and

Submit a non-refundable application fee of ten thousand dollars ($10,000).

If the Board approves the proposal, the Board shall request the following information from the applicant:

A curriculum vitae for the appointed nurse administrator and program coordinator for programs as applicable;

A curriculum vitae for each faculty member who meets the regulatory requirements and the intent of the program;

(c) A syllabus for each nursing course, which includes a course description, course or clinical objectives, prerequisites, course outline, and grading criteria; and

A Student Handbook that includes nursing student policies for admission, progression, retention, and graduation.

5601.3 The Board shall conduct a site visit or, if applicable, a joint site visit with the District of Columbia Higher Education Licensure Commission.

5601.4 The Board may grant initial approval to a newly established program upon receipt of evidence that the relevant standards and requirements of this chapter are being met.

5601.5 The Board may grant approval to RN-to-BSN programs currently operating in the District of Columbia and seeking to continue operation contingent on the occurrence of the following:

(a) The program shall, within ninety (90) days of the effective date of these provisions, submit to the Board a statement of intent in accordance with § 5601.1(a) to seek Board approval for the program;

(b) Following or concurrent with the submission of a statement of intent in accordance with paragraph (a) above, the program shall submit, no later than one hundred eighty (180) days from the effective date of these provisions, a proposal in accordance with § 5601.1(b) and a non-refundable application fee of five thousand dollars ($5,000); and

(c) After conducting a site visit in accordance with §5601.3, the Board determines that the program meets the requirements of this chapter and merits an initial approval.

5601.6 Following or concurrent with the submission of a statement of intent in accordance with § 5601.5, the program shall submit, within one hundred eighty (180) days of the effective date of these provisions, a proposal in accordance with § 5601.1(b) and a non-refundable application fee of five thousand dollars ($5,000).

5601.7 The Board shall conduct a site visit of programs identified in §§ 5601.5 and 6 in accordance with § 5601.3 and may grant initial approval in accordance with § 5601.4.

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015); as amended by Final Rulemaking published at 68 DCR 012447 (November 26, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5601

17 DCMR § 5602 DENIAL OF INITIAL APPROVAL

5602.1 The Board may deny initial approval for any of the following reasons:

Failure to hire a nurse administrator who meets the qualifications of this chapter;

Failure to hire faculty who meet the qualifications of this chapter;

Facility’s learning environment does not meet the educational needs of students or accommodate the specified number of students;

Identified clinical facilities or simulation laboratory are inadequate to meet the requirements of this chapter or program’s clinical objectives;

Incongruence among program’s framework, objectives, courses, and course objectives;

Noncompliance with Nursing Education Standards of Practice; and

Noncompliance with any of the regulations in this chapter.

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5602

17 DCMR § 5603 FULL APPROVAL

5603.1 The Board may grant full approval to a program after initial approval provided that the program meets the following applicable standards:

(a) The percentage of the program’s National Council Licensure Examination (NCLEX) pass rate is at least eighty percent (80%) for first time test takers in pre-licensure programs;

(b) The percentage of the program's certification pass rate is at least eighty percent (80%) for first time test takers in advanced practice registered nursing programs;

(c) A self-evaluation report by the nursing administrator, following the graduation of the first class, indicates compliance with the provisions of this chapter;

(d) The program has received accreditation from a national nursing accrediting organization recognized by the U.S. Department of Education;

(e) The controlling educational institution has received accreditation from a regional accrediting organization recognized by the U.S. Department of Education;

(f) The program has demonstrated continued ability to meet the standards and requirements of this chapter; and

(g) Demonstrated compliance with the requirements of this chapter during the site visit.

5603.2 In order to maintain full approval a program shall demonstrate the following:

(a) The annual pass rate for first time test takers on the licensure or certification examination is not less than eighty percent (80%);

(b) The annual program reports that meet requirements of this chapter; and

(c) The accreditation status that verifies the program meets requirements of this chapter.

5603.3 The Board shall maintain a list of approved programs. The list shall be maintained up to date on the Department’s Internet website. The list shall also be compiled and published annually and available to the public upon request.

An announced or unannounced on-site visit shall be conducted to verify that the program meets requirements of this chapter.

The first year that the licensure pass rate for first time test takers in a program is less than eighty percent (80%), but at least seventy five percent (75%), the Board shall send written notice to the program that the program has failed to meet the requirements and standards of this chapter.

5603.6 The Board or its designee may perform an announced or unannounced on-site visit to the facility and provide a report to the Board.

The program’s nurse administrator shall submit a corrective plan of action to the Board within sixty (60) calendar days from receipt of the Board’s written notice.

5603.8 The Board shall maintain a list of approved programs. The list shall be maintained up to date on the Department’s Internet website. The list shall also be compiled and published annually and available to the public upon request.

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015); as amended by Final Rulemaking published at 68 DCR 012447 (November 26, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5603

17 DCMR § 5604 [REPEALED]

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5604

17 DCMR § 5605 CONDITIONAL APPROVAL

5605.1 The Board may place a program with initial approval on conditional approval status for any of the following:

(a) The percentage of the NCLEX pass rate is less than eighty percent (80%) for first-time test takers in pre-licensure programs;

(b) The certification pass rate is less than eighty percent (80%) for first time test takes in advanced practice programs;

(c) The program has not received accreditation from a national nursing accrediting organization recognized by the U.S. Department of Education;

(d) The controlling educational institution awarding the relevant degrees or diplomas does not have accreditation from a regional accrediting organization recognized by the U.S. Department of Education;

(e) The program failed to demonstrate continued ability to meet the standards and requirements of this chapter; or

(f) The program failed to demonstrate compliance with the requirements of this chapter during the site visit.

5605.2 Conditional approval status denotes that certain conditions must be met within a designated time period for the program to be granted full approval.

5605.3 A Bachelor of Science in Nursing (BSN) or Advanced Practice that has been granted conditional approval shall be allotted a maximum of four (4) years to correct deficiencies for the purpose of being granted full approval.

5605.4 An associate degree (AD) or RN-to-BSN program that has been granted conditional approval shall be allotted a maximum of three (3) years to correct deficiencies for the purpose of being granted full approval.

5605.5 A Practical Nurse (PN) program that has been granted conditional approval shall be allotted a maximum of two (2) years to correct deficiencies for the purpose of being granted full approval.

5605.6 Under conditional approval status, the program may continue to operate while correcting the identified deficiencies and working toward meeting the conditions for full approval.

5605.7 The first year that the annual licensure or certification pass rate for first time test takers is less than eighty percent (80%):

(a) The Board shall send a written notice to the program of the following:

(1) The program has failed to meet the requirements and standards of this chapter; and

(2) The program will be placed on conditional approval status for an allotted time pursuant to § 5605.3.

(b) The program’s nurse administrator shall submit to the Board, within sixty (60) calendar days from receipt of the Board’s written notice, the following:

(1) A report analyzing aspects of the education program, identifying areas believed to be contributing to the unacceptable performance; and

(2) An action plan to correct the deficiencies, to be approved by the Board.

5605.8 The Board may place limitations on the admittance of students where the pass rate for a program’s first-time test takers falls below eighty percent (80%).

5605.9 The second successive year that the pass rate for a program’s first-time licensure or certification test takers is less than eighty percent (80%), the program’s nurse administrator shall submit to the Board, within ninety (90) calendar days or the time period specified by the board from receipt of the Board’s written notice, the following:

(a) Proof that the program has obtained the services of an external consultant, to be approved by the Board;

(b) A report that is based on the findings of the consultant, which analyzes all aspects of the education program and identifies areas that contributed to the unacceptable performance; and

(c) An action plan to correct the deficiencies, to be approved by the Board.

5605.10 After the Board determines that a program is out of compliance with the requirements and standards of this chapter, the Board may, in its discretion, prohibit a program that has conditional approval status from admitting new students until the program has been restored to full approval status. The program shall be given ninety (90) days’ notice.

5605.11 Students who graduate from conditionally accredited programs shall be eligible to take the NCLEX in the District of Columbia and upon passing the examination licensed in the District of Columbia.

5605.12 If the program fails to meet the specified conditions within the designated time period, the Board may withdraw approval and the program shall be removed from the Board’s list of approved programs.

5605.13 The Board may perform or assign a designee to perform announced or unannounced visits of the facility at any point during their conditional approval status to determine the program’s compliance or its ability to do so.

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015); as amended by Final Rulemaking published at 68 DCR 012447 (November 26, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5605

17 DCMR § 5606 WITHDRAWAL OF APPROVAL FOLLOWING CONDITIONAL APPROVAL STATUS

5606.1 The Board may withdraw approval of the program upon its determination that the program is or has been unable to meet or maintain the requirements and standards of this chapter based on any of the following factors:

(a) Failure to hire a nurse administrator who meets the qualifications of this chapter;

(b) Failure to hire faculty who meet the qualifications of this chapter;

(c) Noncompliance with the program’s stated philosophy, program design, objectives, outcomes, or policies;

(d) Failure to implement the approved curriculum;

(e) Failure to maintain the required licensure or certification pass rate for first-time test takers;

(f) Failure to obtain or maintain accreditation from a regional accrediting organization recognized by the U.S. Department of Education;

(g) Failure to obtain or maintain accreditation by a national nursing accrediting organization recognized by the U.S. Department of Education;

(h) Failure to submit records and reports to the Board in a timely manner;

(i) Failure to correct identified deficiencies within the allotted time period;

(j) Noncompliance with any of the regulations in this chapter; or

(k) Other activities or situations, as determined by the Board, that indicate a program is not meeting the legal requirements and standards of this chapter.

5606.2 Before the Board withdraws approval of a program, the Board shall Issue a Notice of Intended Action to the program notifying the program that the Board intends to withdraw approval of the program and the reasons for the action.

5606.3 Before the Board withdraws approval of a program, the program has a right to a hearing.

5606.4 The Board shall send notice to the Higher Education Licensing Commission of the Board’s intention to withdraw approval.

5606.5 The program shall provide its current student population and applicants with immediate notice of the Board’s intended action, which shall include mailings and public postings on the premises and on their website.

5606.6 If requested by the Board or by students, the program shall provide its current student population with information and assistance for transferring to another nursing education program.

5606.7 After the Board has withdrawn approval of a program, the Board shall provide notice of the withdrawal to the District of Columbia Higher Education Licensure Commission.

5606.8 The effective date of the withdrawal of approval shall be the date the Board publishes on its website the final decision which shall notify the public of the withdrawal of approval. The Board may, at its discretion, postpone the effective date of the withdrawal of approval until the end of a current semester, when it determines such to be in the best interests of the program’s graduating class or students.

5606.9 If the program appeals the Board’s decision to the District of Columbia Court of Appeals, the effective date of the withdrawal of approval shall not be stayed pending appeal, but may be changed pursuant to an order of the Court of Appeals.

5606.10 The Board may designate persons to conduct an unannounced visit to the facility to ensure that the educational institution has not continued to operate the nursing education program or admit students after the effective date of the approved withdrawal.

5606.11 Within thirty (30) days after receipt of notice that approval has been withdrawn, the nurse administrator or school administrator shall submit to the Board a written plan for termination of the program. The plan shall include:

(a) A plan for the current students that include completion of the program and transfer of students to other approved programs within a time frame established by the Board; and

A plan outlining the arrangements made for storage and retrieval of the permanent records of the students, graduates, and faculty.

5606.12 Students enrolled in a program and graduating from the program prior to, or up to, the effective date of the withdrawal of approval shall be permitted to take the licensure examination in the District of Columbia; and upon passing and completion of other licensure requirements shall be licensed in the District of Columbia.

5606.13 The educational institution of a nursing program whose approval was withdrawn may apply to the Board for initial approval of a new program pursuant to § 5601 and shall disclose the name of the program under which it previously operated.

5606.14 A program aggrieved by a final decision of the Board may appeal the decision to the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act, D.C. Official Code §§ 2-501 et seq.

5606.15 Students graduating from the program prior to, or up to, the effective date of the withdrawal of accreditation shall be allowed to sit for the NCLEX in the District of Columbia and upon passing, be licensed in the District of Columbia.

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015); as amended by Final Rulemaking published at 68 DCR 012447 (November 26, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5606

17 DCMR § 5607 ANNUAL REVIEW AND GENERAL ADMINISTRATION

5607.1 The Board shall conduct an annual review of all nursing education programs. A program approval that has not been reviewed and approved at the board-specified annual review shall expire.

5607.2 Each program seeking annual review shall submit an annual report on the forms provided and pay the renewal fee.

5607.3 The following changes may not be made to a program without an express approval from the Board:

(a) A change in the approved nurse administrator or program coordinator. The program shall submit proof that the new nurse administrator or coordinator meets the requirements of this chapter;

(b) A change in the length of the program; or

(c) A change in the method of education delivery.

5607.4 The nurse administrator or coordinator of a program shall ensure that all official communication between the program and the accrediting organization is provided to the Board within thirty (30) days of receipt or submission. This requirement includes, evidence of accreditation status or change in the accreditation status of both the controlling institution and the nursing education program, scheduled site visits, and accreditation reports. The administrator shall arrange a joint site visit with the accrediting organization upon the Board’s request.

5607.5 Students shall be entitled to access the program policies and services. The notice concerning program approval status by the Board shall be posted and visible to students.

5607.6 Programs shall make the following available to students:

(a) A written statement of students’ rights and responsibilities including admission, progression, graduation, and licensing requirements;

(b) A written policy on grievance procedures and a mechanism for resolution;

(c) Guidance and advisement counseling services; and

(d) Academic counseling for students who are failing.

5607.7 The educational institution operating the nursing education program shall determine whether a student possesses spoken and written competency in English, prior to the student beginning the nursing program.

5607.8 Programs shall have admission standards to ensure that each student possess the educational skills and competency to successfully complete the nursing education program prior to the student beginning the nursing program.

5607.9 Pre-licensure programs that require passing an exit examination as a requirement for completion of final course in program or for graduation shall:

(a) Select exit examinations that have established reliability and validity, or have been normed;

(b) Inform students in writing upon admission to the program of the requirement and the required passing score;

(c) Have administered standardized examination throughout the program;

(d) Provide remediation for students who are unable to pass standardized examinations that prevent progression;

(e) Perform analysis and correlations of students’ performance on course standardized examination with students’ performance in courses; and

(f) Develop a remediation program for the student who has satisfactorily progressed in the program but is unable to pass the standardized exit examination and unable to complete the final course or graduate from the program. The plan shall be in writing and placed in student’s file.

5607.10 If an institution decides to close the program, the nurse administrator or program coordinator shall, ninety (90) days before closure:

(a) Notify the Board of its intent;

(b) Provide the date and reason for closing;

(c) Submit to the Board its plan for the disposition of the records of the students and graduates;

(d) Provide to the Board the name and position title of the individual to be responsible for the records, and the name and address of the agency in which the records will be located; and

(e) Provide evidence to the Board that the program’s current students have been given timely notice of the program’s intent and provided assistance for transferring to another nursing program.

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015); as amended by Final Rulemaking published at 68 DCR 012447 (November 26, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5607

17 DCMR § 5608 NURSING EDUCATION STANDARDS

5608.1 This section applies to practical, associate degree, baccalaureate, RN-to-BSN, and entry-level master degree nursing education programs. All such nursing education programs shall be accredited by a national nursing accrediting organization recognized by the U.S. Department of Education. A newly established program shall apply for such accreditation as soon as it becomes eligible.

5608.2 Upon becoming eligible for accreditation, the nursing education program shall pursue accreditation and shall provide evidence of current accreditation from a national nursing accrediting agency recognized by the U.S. Department of Education within twenty-four (24) months of eligibility.

5608.3 A nursing education program shall be part of and under control of a college or university that has accreditation by a regional accrediting organization recognized by the U.S. Department of Education.

5608.4 Notwithstanding the requirement of § 5608.3, a nursing education program already approved as of the effective date of this rulemaking shall have up to five (5) years from the effective date of these provisions to become a part of a college or university that has accreditation by a regional accrediting organization recognized by the U.S. Department of Education.

5608.5 All nursing education programs shall meet the following standards:

The purpose and outcomes of the nursing program shall be consistent with accepted standards of nursing practice appropriate for graduates of the type of nursing program offered;

The input of stakeholders shall be considered in developing, revising, and evaluating the purpose and outcomes of the program;

The nursing program shall implement a comprehensive, systematic plan for ongoing evaluation that is based on program outcomes and incorporates continuous improvement;

The curriculum shall provide diverse didactic and clinical learning experiences consistent with program outcomes;

Faculty and students shall participate in program planning, implementation, evaluation and continuous improvement;

The nursing program administrator shall be a professionally and academically qualified registered nurse with institutional authority and administrative responsibility for the program;

Professionally, academically, and clinically qualified nurse faculty shall be sufficient in number and expertise to accomplish program outcomes and quality improvement;

The fiscal, human, physical, clinical, and technical learning resources shall be adequate to support program processes, security and outcomes;

Program information communicated by the nursing program shall be accurate, complete, consistent and readily available; and

There shall be sufficient number of qualified faculty to meet the outcomes and purposes of the nursing education program.

5608.6 Administrator qualifications for programs leading to a practical nurse license shall include:

An active District of Columbia Registered Nurse (RN) license in good standing and without restrictions or conditions;

Minimum of a graduate degree in nursing;

Minimum of five (5) years of progressive experience in teaching and knowledge of learning principles for adult education, including nursing curriculum development, program administration and evaluation; and

A current knowledge of nursing practice at the practical nurse or associate degree registered nurse level.

5608.7 Administrator qualifications for an associate, baccalaureate, including RN-to-BSN, or direct-entry master’s degree program shall include:

(a) An active District of Columbia RN license in good standing and without restrictions or conditions;

(b) A doctoral degree in nursing, or a graduate degree in nursing and a doctoral degree in a related field;

(c) Minimum of five (5) years of progressive experience in nursing education, teaching and knowledge of learning principles for adult education, including nursing curriculum development, administration, and evaluation; and

(d) A current knowledge of nursing practice at the registered nursing level.

5608.8 Faculty qualifications for programs leading to a practical nurse license shall include:

An active District of Columbia RN license in good standing and without restrictions or conditions;

Being academically and experientially qualified with a minimum of a graduate degree in nursing, or a bachelor’s degree in nursing with a graduate degree in a related field;

Knowledge of teaching and learning principles for adult education, including nursing curriculum development and course evaluation; and

A minimum of two (2) years of patient care experience.

5608.9 Pursuant to § 5608.8, fifty percent (50%) of full-time and part-time faculty shall have a graduate degree in nursing.

5608.10 Faculty qualifications for associate, baccalaureate, including RN-to-BSN, and direct-entry master’s degree programs shall include:

(a) An active District of Columbia RN license in good standing and without restrictions or conditions;

(b) Academic qualifications which include a minimum of a graduate degree in nursing;

(c) Knowledge of teaching and learning principles for adult education, including nursing curriculum development and course evaluation; and

(d) A minimum of two (2) years of patient care experience.

5608.11 The Board may waive specific requirements of § 5608.10 for good cause if it determines that a waiver does not impair or adversely affect the quality of the offered education.

5608.12 The criteria for selecting a preceptor shall be in writing and shall include the following:

(a) The method of selecting clinical preceptors;

(b) The orientation of clinical preceptors;

(c) The objectives or outcomes of the preceptorship;

(d) Possession of nursing education at or above the level of the program; and

(e) A system for monitoring and evaluating the student’s learning experiences.

5608.13 The faculty shall verify that a student possesses the necessary clinical competency prior to placing him or her with a clinical preceptor.

5608.14 A clinical preceptor in District of Columbia health facilities shall have an active District of Columbia nursing license in good standing and without restrictions or conditions and shall be authorized to practice at the level in which the student is being trained or higher.

5608.15 Curriculum of the nursing education program shall enable the student to develop the nursing knowledge, skills, and abilities necessary for the level, scope and standards of competent nursing practice expected at the level of licensure.

5608.16 Curriculum shall be revised as necessary to maintain a program that reflects advances in health care and its delivery.

5608.17 The curriculum of all nursing education programs, shall include:

(a) Evidence-based learning experiences and methods of instruction, including distance education methods, consistent with the written curriculum plan;

(b) Coursework including, but not limited to:

(1) Content in the biological, social, and behavioral sciences to provide a foundation for safe and effective nursing practice;

(2) Content regarding professional responsibilities, legal and ethical issues, history and trends in nursing and health care; and

(3) Content in the prevention of illness and the promotion, restoration, and maintenance of health, and end of life care in patients across the lifespan and from diverse cultural, ethnic, social, and economic backgrounds.

5608.18 In addition to the requirements of § 5608.17, nursing education programs leading to a baccalaureate or higher degree shall include courses in:

(a) Physical science;

(b) Research and evidence-based practices;

(c) Health assessment; and

(d) Pathophysiology.

5608.19 In addition to the requirements of §§ 5608.17 and 5608.18, nursing education programs leading to a baccalaureate or higher degree shall include coursework in:

(a) Gerontological perspectives and the care of the older adult; and

(b) Community/populations and global perspectives on health care.

5608.20 In addition to the requirements of § 5608.17, the curriculum of pre-licensure nursing education programs shall include faculty-supervised clinical practice to occur in a variety of clinical settings and shall include:

(a) Integrating patient safety principles throughout the didactic and clinical experiences;

(b) Implementing evidence-based practice and patient values, including skills to identify and apply best practices to nursing care;

(c) Collaborating with inter-professional teams through open communication, mutual respect, and shared decision-making;

(d) Participating in quality improvement processes and monitoring patient care outcomes; and

(e) Using information technology to communicate, mitigate error, and support decision- making;

(f) Developing skills in direct patient care;

(g) Making clinical judgments;

(h) Caring and managing individuals and groups across the lifespan;

(i) Measuring students’ competencies that focus on demonstration of care management and decision-making skills when providing care;

(j) When appropriate to the level of education, the delegating and supervising of other health care providers;

(k) All student clinical experiences with preceptors; and

(l) The following minimum number of hours:

(1) A minimum of six hundred and fifty (650) clinical hours for programs leading to the registered nurse license; or

(2) A minimum of six hundred (600) clinical hours for programs leading to the practical nurse license.

5608.21 Nursing education programs leading to a practical nurse license shall include supervised clinical experiences in the following areas:

(a) Foundations;

(b) Medical nursing;

(c) Psychiatric and mental health nursing;

(d) Pediatric nursing;

(e) Community or home care; and

(f) Long-term care.

5608.22 Programs leading to a registered nurse license shall include supervised clinical experiences in the following areas:

(a) Foundations;

(b) Medical nursing;

(c) Surgical nursing;

(d) Maternal and newborn health;

(e) Pediatric nursing;

(f) Psychiatric and mental health nursing;

(g) Community health;

(h) Acute care; and

(i) Long-term services.

5608.23 RN-to-BSN programs shall include clinical experiences in the following areas:

(a) Community/population health; and

(b) Systems leadership and information management.

5608.24 Campus laboratory experiences shall provide attainment of psychomotor skills and clinical decision making in the care of patients.

5608.25 The ratio of credit hours to laboratory hours shall not exceed one to three (1:3).

5608.26 Not more than fifty percent (50%) of the required clinical experiences may be replaced by clinical simulations with the following requirements:

(a) The use of high-fidelity computerized mannequins or standardized patients in courses beyond foundations;

(b) Debriefing, using education theory;

(c) Conducted by faculty with training in clinical simulations; and

(d) The use of clinical simulations in the areas of maternal-newborn, medical-surgical, critical care, and pediatrics, and psychiatric mental health.

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015); as amended by Final Rulemaking published at 68 DCR 012447 (November 26, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5608

17 DCMR § 5609 [REPEALED]

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5609

17 DCMR § 5610 ADVANCED PRACTICE REGISTERED NURSING EDUCATION STANDARDS

5610.1 This section shall apply to advanced practice nursing education programs that prepare students for practice as nurse-anesthetists, nurse-midwives, nurse-practitioners, or clinical nurse specialists.

5610.2 An advanced practice registered nursing education program shall operate within, or be affiliated with an accredited college or university that is authorized to award graduate degrees or post-graduate certificates.

5610.3 To be eligible for approval, the advanced practice program shall be at the graduate or post-graduate level and have pre-accreditation or accreditation status.

5610.4 A college or university desiring initial approval of an advanced practice nursing education program shall submit a proposal to the Board as set forth in § 5601.1(b) to establish an advanced practice nursing education program that prepares students for practice as nurse-anesthetists, nurse-midwives, nurse-practitioners, or clinical nurse specialists.

5610.5 The nursing education program coordinator shall:

Be academically and experientially qualified in the role of the program offered;

Have a minimum of two (2) years of clinical experience as an advanced practice nurse;

Have a District of Columbia advanced practice registered nurse license in good standing;

Have a minimum of a doctoral degree in nursing and a current certification in the role and a population of the program; and

Have educational preparation and experience, in teaching and curriculum development or program administration at the graduate level.

5610.6 The faculty shall:

Be registered nurses licensed and in good standing in the District of Columbia;

Have a minimum of a master’s degree in nursing: and

Meet the following additional qualification when teaching courses with associated clinical:

Be academically and experientially qualified in the role and population of the program offered;

Have a minimum of two (2) years of clinical experience as an advanced practice nurse; and

(3) Have a District of Columbia advanced practice registered nurse (APRN) license in good standing.

Preceptors, when used for clinical in the District of Columbia, shall:

Hold an active license to practice as an APRN or physician that is not encumbered and practices in a comparable practice focus; and

Function as a supervisor and teacher and evaluates the individual’s performance in the clinical setting.

5610.8 The program of study shall:

Be comprehensive and prepare the graduate with the core competencies for one (1) of the four (4) APRN roles and at least one of the six (6) foci;

Prepare the graduate to assume responsibility and accountability for health promotion and maintenance, as well as the assessment, diagnosis, and management of patient problems, including the use and prescription of pharmacologic and non-pharmacologic interventions;

Include a minimum of three (3) separate core graduate-level courses in the following:

(1) Advanced physiology/pathophysiology, including general principles that apply across the lifespan;

(2) Advanced health assessment, which includes assessment of all human systems, advanced assessment techniques, concepts and approaches; and

(3) Advanced pharmacology, which includes pharmacodynamics, pharmacokinetics, and pharmacotherapeutics of all broad categories of agents.

Include a minimum of five hundred (500) hours of supervised direct care clinical, with a minimum of fifty (50) minutes constituting one (1) hour.

5610.9 A certification program preparing an APRN specialty practice shall:

Build upon and in addition to, the education and practice of the APRN role and population focus;

Not prepare beyond the scope of practice of the role or population;

Address a subset of the population-focus; and

Be accredited by the nursing education accreditation organization.

5610.10 APRN students shall be currently licensed to practice as a registered nurse in the District of Columbia prior to participation in clinical practice as a student.

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5610

17 DCMR § 5611 CLINICAL PLACEMENT IN THE DISTRICT FROM PROGRAMS NOT APPROVED TO OPERATE IN THE DISTRICT

5611.1 A nursing education program not approved to operate in the District in accordance with this chapter may place its students in a clinical practice in the District if the program meets the requirements of this section and notifies the Board in advance prior to such placement.

5611.2 An online nursing education program licensed and operating in another state seeking to offer clinical placement in the District shall meet the following requirements:

(a) Authorized or approved to provide education in the District by the District of Columbia Higher Education Licensure Commission;

(b) A full nursing education program approval from the board of nursing in the state where the program operates, if applicable; and

(c) Current accreditation by a national nursing accrediting agency recognized by the U.S. Department of Education

5611.3 A campus-based nursing education program licensed and operating in another state seeking to offer clinical placement in the District shall meet the following requirements:

(a) A full nursing education program approval from the board of nursing in the state where the program operates, if applicable; and

(b) Current accreditation by a national nursing accrediting agency recognized by the U.S. Department of Education.

5611.4 Faculty supervising pre-licensure nursing students engaged in clinical experiences in the District shall be licensed in the District and conduct at least two (2) site visits in a semester.

5611.5 RN students completing clinical experiences in the District shall possess an active license in good standing in the District.

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015); as amended by Final Rulemaking published at 68 DCR 012447 (November 26, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5611

17 DCMR § 5612 [REPEALED]

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5612

17 DCMR § 5613 [REPEALED]

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5613

17 DCMR § 5699 DEFINITIONS

As used in this chapter, the following terms have the meanings ascribed:

Act: Health Occupation Revision Act of 1985 (“Act”), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq.).

Advanced practice program: a post-baccalaureate nursing education program at the master’s degree or doctoral degree level, whose purpose is to prepare students for practice as nurse-anesthetists, nurse-midwives, nurse-practitioners, or clinical nurse specialists.

Advanced practice registered nurse: a registered nurse who has completed an advanced practice nursing education program and has been licensed by the Board to practice as a nurse-anesthetist, nurse-midwife, nurse-practitioner, or clinical nurse specialist.

Annual Pass Rate: see “pass rate”.

Approval: Board approval to operate a basic nursing program or advanced practice nursing education program in the District of Columbia that is granted only after specified requirements, standards, and conditions have been met.

Board: the Board of Nursing, established by § 204 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02(14)).

Campus-based program: a nursing education program that requires in-person attendance for the majority of course offerings.

Clinical experience: faculty planned and guided learning activities designed to assist students in meeting course objectives and to apply nursing knowledge and skills in the direct care of patients, including clinical conferences and planned learning activities in acute care facilities, and other community resources.

Preceptor: a licensed health professional meeting the requirements of this chapter who provides clinical supervision to a nursing student in a practice setting to facilitate student learning in a manner specified in a signed written agreement between the facility or practice setting and the educational institution.

Clinical simulations: advanced laboratory experiences for students that mimic actual clinical experiences. They include the use of medium or high fidelity mannequins, and scenarios or case studies and reflection to enhance learning.

Conditional approval: the approval status that is granted, for a time period specified by the Board, to a nursing program to correct deficiencies when the nursing program has failed to meet or maintain the requirements and standards of this chapter.

Controlling institution: a college, university, public agency, or institution is responsible for the administration and operation of a nursing program in the District.

Direct-entry master’s degree program: A master’s degree program designed for students with a baccalaureate or higher degree pursuing RN license and not the advanced practice registered nurse license.

District of Columbia Higher Education Licensure Commission: the District of Columbia government entity that issues licenses to and monitors compliance of postsecondary educational institutions and their agents operating in the District of Columbia; establishes minimum standards and criteria, rules, and regulations to ensure legitimacy of postsecondary institutions, and serves as the state approving agency for veterans' educational benefits.

Exit Examination: a standardized test taken by a student to determine proficiency in nursing knowledge prior to graduation.

Full approval: the approval status that is granted to a program after the graduation of its first class and after the Board has determined that the requirements and standards of this chapter have been met.

Initial approval: the approval status that is granted to a newly established nursing program that has not graduated its first class.

NCLEX: National Council of State Boards of Nursing Licensure Examination.

Nurse Administrator: the person with the responsibility and authority for the administration and instructional activities of nursing education program (e.g. Dean, Chairperson, Director)

Nursing process: the problem solving techniques of assessment, planning, implementing, and evaluating a plan of care that requires technical and scientific knowledge, judgment, and decision-making skills.

Nursing Program: any education program leading to a certificate, associate degree, or baccalaureate degree in nursing.

Online nursing education program: a nursing education program that offers the majority of course instruction via internet or other distance modalities.

Operate: actively admit students and offer courses.

Pass rate: NCLEX pass rates for first-time test takers-- in pre-licensure programs are calculated using the NCSBN’s reports for a one (1) year period from January 1 to December 31 for a program's graduates testing within one (1) year of graduation.

Certification pass rates for first-time test takers: in advanced practice are determined based on the certifying organizations' prior calendar year pass rates and for a program's graduates testing within one (1) year of graduation.

Practical nurse: a person licensed to practice practical nursing pursuant to Chapter 55 of this title.

Prelicensure program: a nursing education program at the certificate, associate degree, or baccalaureate degree level, whose purpose is to prepare students for practice as practical or registered nurses.

Program Coordinator: Faculty member responsible for planning, implementing and evaluating advanced practice nursing program.

Registered nurse: a person licensed to practice registered nursing pursuant to Chapter 54 of this title.

RN-to-BSN program: a nursing education program for registered nurses that is designed to build on the clinical and practical experiences of the registered nurse and provides the skills and knowledge of the baccalaureate-level registered nurses.

Withdrawal of Approval: Board revocation of the approval to operate a nursing education program or advanced practice nursing education program within the District.

History

• SOURCE: Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); as amended by Final Rulemaking published at 62 DCR 16319 (December 25, 2015); as amended by Final Rulemaking published at 68 DCR 012447 (November 26, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 5699

17-57 CERTIFIED REGISTERED NURSE-ANESTHETISTS

17 DCMR § 5700 APPLICABILITY

5700.1 A certified registered nurse-anesthetist is a registered nurse prepared in a formal educational program to assume an expanded role in providing health care in the area of anesthesiology services. Certified registered nurse-anesthetists, when functioning within the authorized scope of practice, are qualified to assume primary responsibility for the care of their patients. This practice incorporates the use of independent judgment as well as collaborative interaction with other health care professionals.

5700.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 54 (Registered Nursing) of this title shall supplement this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is § 302(14) of the District of Columbia Health Occupations Revision Act of 1985, D.C. Law 6-99, D.C. Code § 2-3303.2(14) (1988 Repl. Vol.), 33 DCR 729, 732 (February 7, 1986), and Mayor's Order 86-110, 33 DCR 5220 (August 22, 1986).
• SOURCE: Final Rulemaking published at 38 DCR 3491 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5701 GENERAL REQUIREMENT

5701.1 Only a person currently licensed as a registered nurse under chapter 54 of this title shall be eligible to apply for a license to practice nurse-anesthesia under this chapter.

History

• SOURCE: Final Rulemaking published at 36 DCR 3491 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5702 TERM OF CERTIFICATE

5702.1 Subject to § 5702.2, a certificate issued pursuant to this chapter shall expire at 22:00 midnight of June 30 of each even-numbered year.

5702.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a certificate issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the certificate, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 36 DCR 3491 (May 12, 1989).

17 DCMR § 5703 RENEWAL OF CERTIFICATE

5703.1 A holder of a certificate to practice as a certified registered nurse-anesthetist shall renew his or her certificate by submitting a completed application on the forms required by the Board and paying the required fees prior to the expiration of the certificate.

5703.2 The Board's staff shall mail out applications for renewal at least sixty (60) days prior to the date the certificate expires.

5703.3 A certificate holder shall have the burden of notifying the Board if a renewal notice is not received.

5703.4 A certificate holder shall notify the Board in writing of a change of home or business address within thirty (30) days after the change.

5703.5 A certificate holder applying for renewal of a certificate to practice nurse-anesthesia shall:

(a) Maintain current licensure as a registered nurse in the District of Columbia;

(b) Submit evidence of current national certification or recertification, as applicable, by the Council on Certification of Nurse Anesthetists (CCNA) or Council on Recertification of Nurse Anesthetists (CRNA) or other national certifying body approved by the Board; and

(c) Beginning with the 2006 renewal period, submit proof of completion of fifteen (15) contact hours of continuing education, which shall include a pharmacology component. A continuing education program, course, seminar, or workshop shall be approved by the American Association of Nurse Anesthetists (AANA) or other nationally certifying organization recognized by the Board and shall be related to the certificate holder's specialty. Only continuing education hours obtained in the two (2) years immediately preceding the application date will be accepted.

5703.6 A certificate holder shall submit a verification form of completion, for each program, course, seminar, or workshop for which continuing education is claimed.

5703.7 A certificate holder applying for renewal of a certificate who fails to submit proof of having completed the requirements as set forth in § 5703.5 by the date the certificate expires may renew the certificate within sixty (60) days after the expiration by submitting the required documents and paying the required late fees.

5703.8 Upon submitting the required documents and paying the required late fees, the certificate holder shall be deemed to have possessed a valid certificate during the period between the expiration of the certificate and the submission of the required documents and fees.

5703.9 If a certificate holder applying for renewal of a certificate fails to submit proof of completion of the requirements as set forth in § 5703.5 or pay the late fee within sixty (60) days after the expiration of the certificate holder's certificate, the certificate shall be considered to have lapsed on the date of expiration and the certificate holder shall thereafter be required to apply for reinstatement of an expired certificate and meet all requirements and fees for reinstatement.

5703.10 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew the certificate after expiration, if the certificate holder's failure to submit proof of the requirements or pay the late fee was for good cause. As used in this section "good cause" includes the following:

(a) Serious and protracted illness of the certificate holder; and

(b) The death or serious and protracted illness of a member of the certificate holder's immediate family.

History

• SOURCE: Final Rulemaking published at 36 DCR 3491 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5704 EDUCATIONAL REQUIREMENTS

5704.1 An applicant for a license to practice as a certified registered nurse-anesthetist shall furnish proof satisfactory to the Board, in accordance with section § 608(a) of the Act, D.C. Official Code § 3-1206.08(a), that the applicant has successfully completed a post-basic nursing education program accredited by the Council on Accreditation of Nurse Anesthesia Education Programs or any other nationally recognized accrediting body as deemed appropriate by the Board and indicated through rulemaking.

History

• SOURCE: Final Rulemaking published at 36 DCR 3491, 3492 (May 12, 1989); as amended by Final Rulemaking published at 37 DCR 2747, 2751 (May 4, 1990); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002);

17 DCMR § 5705 NATIONAL EXAMINATION

5705.1 In addition to the requirements in § 5701 and § 5704, to qualify for a certificate to practice as a certified registered nurse-anesthetist in the District of Columbia, an applicant shall receive a passing score on the national certification examination by the Council on Certification of Nurse Anesthetists or any other nationally recognized certifying body accepted by the Board.

5705.2 An applicant shall submit proof of having obtained a passing score on the examination by arranging to have official written verification of the certification, or a certified, notarized copy of the examination results, sent directly to the Board.

5705.3 A national certification program acceptable to the Board shall provide:

(a) A scope of practice statement that reflects the standards of specialized and advanced nursing practice in the area of certification;

(b) An approval process for the formal programs of study in the area of certification which shall:

(1) Be based on measurable objectives that relate directly to the scope of practice;

(2) Include theoretical and clinical content directed to the objectives; and

(3) Be equivalent to at least one academic year preceptorship which is part of the formal program and shall be included as part of the academic year. Current practice in the area of certification will not be accepted as a substitute for the formal program of study.

(c) An examination in the area of certification shall:

(1) Measure the theoretical and clinical content denoted in the scope of practice;

(2) Be developed in accordance with generally accepted standards of validity and reliability; and

(3) Be open only to registered nurses who have successfully completed the program of study referred to in paragraph (b) of this subsection.

(d) A certification maintenance program.

5705.4 The passing score on the certification examination shall be the passing score established by the certifying body administering the examination.

5705.5 The Board shall issue and update a list of nationally recognized certifying bodies accepted by the Board.

5705.6 Failure to maintain recertification as a certified registered nurse-anesthetist shall result in the loss of status as a licensed nurse-anesthetist.

History

• SOURCE: Final Rulemaking published at 36 DCR 3491, 3492 (May 12, 1989); as amended by Final Rulemaking published at 2747, 2751 (May 4, 1990); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5706 CERTIFICATION BY ENDORSEMENT

5706.1 An applicant is eligible for certification by endorsement if the applicant is currently licensed or certified, in good standing, as a registered nurse anesthetist under the laws of a state or territory of the United States.

5706.2 To apply for certification by endorsement, an applicant shall:

(a) Submit a completed application on the forms required by the Board;

(b) Submit a copy of his or her current license or certificate as a certified-registered nurse anesthetist with the application;

(c) Obtain licensure or certification verification from the current state or territory of licensure or certification, that the license or certificate is current and in good standing. The verification form must be sent directly to the Board by the verifying Board;

(d) Meet any other requirements as set forth by the Board; and

(e) Pay all required fees.

5706.3 An application that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned, and closed by the Board. The applicant shall thereafter be required to reapply, submit the required documents and completed forms, and pay the required fees.

5706.4 Nothing in this section shall be construed to prohibit the Board from utilizing other authorized databases to verify current licensure standing in other jurisdictions of the U.S. and to review disciplinary records.

History

• SOURCE: Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5707 STANDARDS OF CONDUCT

5707.1 A certified-registered nurse anesthetist shall adhere to the standards set forth in the American Association of Nurse Anesthetists' (AANA) "Code of Ethics," as they may be amended or republished from time to time.

History

• SOURCE: Final Rulemaking published at 36 DCR 3491, 3492 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5708 SCOPE OF PRACTICE

5708.1 In addition to the general functions specified in § 5700, a nurse-anesthetist may perform all of the functions listed below, to include:

(a) Determining the health status of the patient as it relates to the relative risks associated with the anesthetic management of the patient;

(b) Based on history, physical assessment, and supplemental laboratory results, determining appropriate type of anesthesia;

(c) Ordering pre-anesthetic medication;

(d) Performing procedures commonly used to render the patient insensible to pain during the performance of surgical, obstetrical, therapeutic, or diagnostic clinical procedures. This shall include ordering and administering:

(1) General and regional anesthesia;

(2) Inhalation agents and techniques;

(3) Intravenous agents and techniques; and

(4) Techniques of hypnosis;

(e) Order or perform monitoring procedures indicated as pertinent to the anesthetic health care management of the patient;

(f) Support life functions during anesthesia health care, including inductions and intubation procedures, the use of appropriate mechanical supportive devices, and the management of fluid, electrolyte, and blood component balances;

(g) Recognize and take appropriate corrective action for abnormal patient responses to anesthesia, adjunctive medication, or other forms of therapy;

(h) Recognize and treat cardiac arrhythmia while the patient is under anesthetic care;

(i) Management of the patient while in the post-anesthesia recovery phase, including post-anesthesia evaluation of the patient, ordering the administration of fluids and drugs, discharging of the patient;

(j) Place peripheral and central venous and arterial lines for blood sampling and monitoring as appropriate; and

(k) Such other functions and services the Board deems appropriate upon review and analysis of professional and association literature which articulates scopes and standards for nurse-anesthetist practice.

History

• SOURCE: Final Rulemaking published at 36 DCR 3491, 3493 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5709 PRESCRIPTIVE AUTHORITY

5709.1 A nurse-anesthetist shall have authority to prescribe legend drugs and controlled substances subject to the limitations set forth in § 5710.

5709.2 A nurse-anesthetist shall have authority to prescribe drugs only while certified in accordance with this chapter.

5709.3 Prescriptions for drugs shall comply with all applicable District and federal laws.

5709.4 A nurse-anesthetist who administers or prescribes a prescription drug shall enter in the patient's chart on the date of the transaction, or if the chart is not available, no later than the next office day, the following information:

(a) Each prescription that a nurse-anesthetist orders; and

(b) The name, strength, and amount of each drug that a nurse-anesthetist administers.

5709.5 Pursuant to § 514 of the Act, D.C. Official Code § 3-1205.14(a)(19), the Board may suspend or revoke the license or certification of, or take other disciplinary action against, any applicant or licensee who prescribes, dispenses, or administers drugs when not authorized to do so.

History

• SOURCE: Final Rulemaking published at 36 DCR 6369 (September 8, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5710 PRESCRIBING CONTROLLED SUBSTANCES

5710.1 A nurse-anesthetist shall have authority to prescribe those drugs in Schedules II through V, established pursuant to the District of Columbia Uniform Controlled Substances Act of 1981, D.C. Law 4-29, D.C. Official Code §§ 48-901.02 et seq.

5710.2 A nurse-anesthetist shall not prescribe a controlled substance unless a nurse-anesthetist meets the following requirements:

(a) Possesses a valid controlled substances certificate of registration from the United States Drug Enforcement Administration (DEA); and

(b) Possesses a valid District of Columbia controlled substances registration pursuant to D.C. Code §§ 32-501 et seq. (1981), the District of Columbia Uniform Controlled Substances Act.

5710.3 A nurse-anesthetist shall not issue a refillable prescription for a controlled substance.

5710.4 A nurse-anesthetist shall maintain a current and complete log of all controlled substances that the nurse-anesthetist prescribes, in accordance with regulations for recordkeeping promulgated by the United States Drug Enforcement Administration.

History

• SOURCE: Final Rulemaking published at 36 DCR 6369, 6370 (September 8, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5712 USES OF TITLE OR ABBREVIATIONS

5712.1 Only persons certified as registered nurse-anesthetists by the Board shall be designated as such and have the right to use the title "Certified Registered Nurse Anesthetist" or "CRNA" or any other title or abbreviation designated by the Board or the approved national certifying body. No other person shall use any other title, words, letters, signs, or figures to indicate that the person using the name is recognized as a certified registered nurse-anesthetist.

History

• SOURCE: Final Rulemaking published at 36 DCR 3491, 3498 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5713 PRACTICE OF A CERTIFIED NURSE-ANESTHETIST IN HEALTH CARE FACILITIES REQUIRING A FORMAL EVALUATION

5713.1 An APRN shall be evaluated by another APRN licensed to practice in the same specialty area.

History

• SOURCE: Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5714 SUPERVISED PRACTICE OF STUDENTS

5714.1 A student may practice nurse-anesthesia only in accordance with the Act and this chapter.

5714.2 A student fulfilling education requirements for certification and practicing within the limitations set forth in § 103(c) of the Act, D.C. Official Code § 3-1201.03(c), may be authorized to engage in the supervised practice of nurse-anesthesia without a District of Columbia certificate.

5714.3 A person who has been denied a certificate, denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5714.4 Only a registered nurse anesthetist certified under the Act, who is an appointed faculty member of the accredited school or college, or a preceptor meeting the requirements set forth in chapter 56 of this Title, shall be authorized to supervise the practice of nurse-anesthesia by a student.

5714.5 A student who practices pursuant to this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, or other health care facility considered appropriate by the Board.

5714.6 All supervised practice of a student shall take place under general or immediate supervision.

5714.7 A student practicing under this section shall not assume administrative or technical responsibility for the operation of a nurse-anesthesiology program, unit, service, or institution.

5714.8 A student shall identify himself or herself as such before practicing as a registered nurse anesthetist. A student shall wear a picture identification badge with lettering clearly visible to the client bearing the name of the student and the position title.

5714.9 A student shall not receive compensation of any nature, directly or indirectly, from a client or client's family member.

5714.10 The supervisor or preceptor, as applicable, shall be fully responsible for the practice by a student during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter by the student.

5714.11 The Board may deny an application for certification by, or take other disciplinary action against, a student who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the student to practice.

History

• SOURCE: Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5715 SUPERVISED PRACTICE OF GRADUATES

5715.1 A graduate may practice nurse-anesthesia only in accordance with the Act and this chapter.

5715.2 An individual may be authorized to engage in the supervised practice of nurse-anesthesia, as a graduate registered nurse-anesthetist, without a District of Columbia certificate if the individual:

(a) Graduated from a post-basic nursing education program in nurse anesthesia approved by the Council on Accreditation of Nurse Anesthesia Education Programs (COA) or other certifying body approved by the board;

(b) Is awaiting the results of the certification examination given by the CCNA or other certifying body approved by the board; and

(c) Has an initial application pending for certification to practice nurse-anesthesia in the District of Columbia.

5715.3 A person who has been denied a certificate, denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5715.4 Within five (5) business days after the application for certification has been received by the Board's staff, the Board's staff shall, at the request of the applicant, issue a supervised practice letter to the applicant to document that his or her application is pending and that he or she is authorized to practice under the Act and this chapter. The practice letter is not renewable and shall expire:

(a) Six (6) months from the date of issuance;

(b) Upon receipt of written notice to the applicant of denial of certification by CCNA;

(c) Upon receipt of notice to the applicant that the applicant has failed the certification examination; or

(d) Upon receipt of written notice to the applicant from the Board that the application for certification has been denied, whichever date is the earliest.

5715.5 Upon receipt of the practice letter, the graduate shall inform employers of the date of expiration of the letter and shall immediately cease the practice of nurse anesthesia on that date or upon receipt of written notice as set forth in § 5715.4, whichever date is the earliest. The graduate thereafter may practice in any other area for which the graduate is qualified and licensed in the District, until receipt of a certificate to practice nurse anesthesia in the District.

5715.6 The graduate shall immediately notify the Board and the graduate's supervisor of the results of the certification examination.

5715.7 Only a registered nurse anesthetist certified under the Act, who is a supervisor, shall be authorized to supervise the practice of nurse-anesthesia by a graduate.

5715.8 A supervisor shall not supervise more than two (2) graduates at one time.

5715.9 All supervised practice of a graduate shall take place under general or immediate supervision.

5715.10 A graduate who practices pursuant to this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, or other health care facility considered appropriate and approved by the Board.

5715.11 A graduate practicing under this section shall not assume administrative or technical responsibility for the operation of a nurse-anesthesiology program, unit, service, or institution.

5715.12 A graduate shall identify himself or herself as such before practicing as a registered nurse anesthetist. A graduate shall wear a picture identification badge with lettering clearly visible to the client bearing the name of the graduate and the position title.

5715.13 A graduate shall not receive compensation of any nature, directly or indirectly, from a client or client's family member, except for a salary based on hours worked under supervision.

5715.14 The supervisor shall be fully responsible for the practice by a graduate during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter by the graduate.

5715.15 The Board may deny an application for certification by, or take other disciplinary action against, a graduate who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the graduate to practice.

History

• SOURCE: Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5716 SUPERVISED PRACTICE OF APPLICANTS FOR CERTIFICATION BY ENDORSEMENT

5716.1 An applicant may practice nurse-anesthesia only in accordance with the Act and this chapter.

5716.2 An applicant for certification by endorsement shall be authorized to engage in the supervised practice of nurse anesthesia in the District of Columbia without a District of Columbia certificate if the applicant:

(a) Is currently certified by the Council on Certification of Nurse Anesthesia or a certifying body approved by the Board;

(b) Is currently licensed, in good standing, under the laws of a state or territory of the United States; and

(c) Has an initial application pending for certification by endorsement to practice nurse-anesthesia in the District of Columbia.

5716.3 A person who has been denied a certificate, denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5716.4 Within five (5) business days after the application for certification by endorsement has been received by the Board's staff, the Board's staff shall issue a practice letter to the applicant to document that his or her application is pending and that he or she is eligible to practice under the Act and this chapter. The practice letter is not renewable and shall expire:

(a) Ninety (90) days from the date of issuance; or

(b) Upon receipt of written notice from the Board that the application for certification has been denied, whichever date is the earliest.

5716.5 Upon receipt of the practice letter, the applicant shall inform employers of the date of expiration of the letter and shall immediately cease the practice of nurse anesthesia on that date or upon receipt of the written notice as set forth in § 5716.4. The graduate thereafter may practice in any other area for which the graduate is qualified and licensed in the District, until receipt of a certificate to practice nurse anesthesia in the District.

5716.6 Only a registered nurse anesthetist certified under the Act, who is a supervisor, shall be authorized to supervise the practice of nurse-anesthesia by an applicant.

5716.7 A supervisor shall not supervise more than two (2) applicants at one time.

5716.8 All supervised practice of an applicant shall take place under general or immediate supervision.

5716.9 An applicant who practices pursuant to this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, or other health care facility considered appropriate by the Board.

5716.10 An applicant practicing under this section shall not assume administrative or technical responsibility for the operation of a nurse-anesthesiology program, unit, service, or institution.

5716.11 An applicant shall not receive compensation of any nature, directly or indirectly, from a client or client's family member, except for a salary based on hours worked under supervision.

5716.12 The supervisor shall be fully responsible for the practice by an applicant during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter by the applicant.

5716.13 The Board may deny an application for a certificate by, or take other disciplinary action against, an applicant who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the applicant to practice.

History

• SOURCE: Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5799 DEFINITIONS

5799.1 For purposes of this chapter, the following terms have the meanings ascribed:

Act - Health Occupation Revision Act of 1985 (“Act”), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq.).

Applicant - a person applying for a license to practice as a certified registered nurse-anesthetist under this chapter.

Board - the Board of Nursing, established by § 204 of the Act, D.C. Official Code § 3-1202.04.

Certified registered nurse-anesthetist - a registered nurse trained in an educational program to provide anesthesia services, assume primary responsibility for the care of patients, exercise independent judgment, and interact collaboratively with other health care professionals.

Clinical practice - the routine application of the principles of nurse-anesthesia to the diagnosis and treatment of disease and the maintenance of health.

Graduate - an individual who has graduated from a post-basic nursing education program for nurse anesthesia.

License - a license to practice as a nurse-anesthetist under this chapter.

Nationally recognized certifying body - one that offers a national certification examination in the specialty area of advanced nursing practice, utilizes standards and principles of the American Board of Nursing Specialties (ABNS), and provides a mechanism for evaluating continued competency in the specialty area of nursing practice.

Supervisor - a licensed nurse-anesthetist who is responsible for the supervision of a student, graduate, or applicant.

5799.2 The definitions in § 4099 of chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 36 DCR 3491, 3496 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17-58 NURSE-MIDWIVES

17 DCMR § 5800 APPLICABILITY

5800.1 A certified nurse-midwife is a registered nurse prepared in a formal educational program to assume an expanded role in providing health care in the area of nurse-midwifery services. Certified nurse-midwives, when functioning within the authorized scope of practice, are qualified to assume primary responsibility for the care of their patients. This practice incorporates the use of independent judgment as well as collaborative interaction with physicians or osteopaths.

5800.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 54 (Registered Nursing) of this title shall supplement this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is § 302(14) of the District of Columbia Health Occupations Revision Act of 1985, D.C. Law 6-99, D.C. Code § 2-3303.2(14) (1988 Repl. Vol.), 33 DCR 729, 732 (February 7, 1986), and Mayor's Order 86-110, 33 DCR 5220 (August 22, 1986).
• SOURCE: Final Rulemaking published at 36 DCR 3497 (May 12, 1989); and amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5801 GENERAL REQUIREMENT

5801.1 Only a person currently licensed as a registered nurse under chapter 54 of this title shall be eligible to apply for a certificate to practice nurse-midwifery under this chapter.

History

• SOURCE: Final Rulemaking published at 36 DCR 3497 (May 12, 1989); and amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5802 TERM OF CERTIFICATE

5802.1 Subject to § 5802.2, a certificate issued pursuant to this chapter shall expire at 12:00 midnight of June 30 of each even-numbered year.

5802.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a certificate issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the certificate, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 36 DCR 3497 (May 12, 1989).

17 DCMR § 5803 RENEWAL OF CERTIFICATE

5803.1 A holder of a certificate to practice as a certified nurse-midwife shall renew his or her certificate by submitting a completed application on the forms required by the Board and paying the required fees prior to the expiration of the certificate.

5803.2 The Board's staff shall mail out applications for renewal at least sixty (60) days prior to the date the certificate expires.

5803.3 A certificate holder shall have the burden of notifying the Board if a renewal notice is not received.

5803.4 A certificate holder shall notify the Board in writing of a change in home or business address within thirty (30) days after the change.

5803.5 A certificate holder applying for renewal of a certificate to practice nurse-midwifery shall:

(a) Maintain current licensure as a registered nurse in the District of Columbia;

(b) Submit evidence of current national certification or recertification as applicable by the American College of Nurse-Midwives Certifying Council, Inc. (ACNM) or other national certifying body approved by the Board; and

(c) Beginning with the 2006 renewal period, submit proof of completion of fifteen (15) contact hours of continuing education, which shall include a pharmacology component. A continuing education program, course, seminar, or workshop shall be approved by the ACNM or other nationally certifying organization recognized by the Board and shall be related to the certificate holder's specialty. Only continuing education hours obtained in the two (2) years immediately preceding the application date will be accepted.

5803.6 A certificate holder shall submit a verification form of completion, for each program, course, seminar, or workshop for which continuing education is claimed.

5803.7 A certificate holder applying for renewal of a certificate who fails to submit proof of having completed the requirements as set forth in § 5803.5 by the date the certificate expires may renew the certificate within sixty (60) days after the expiration by submitting the required documents and paying the required late fees.

5803.8 Upon submitting the required documents and paying the required late fees, the certificate holder shall be deemed to have possessed a valid certificate during the period between the expiration of the certificate and the submission of the required documents and fees.

5803.9 If a certificate holder applying for renewal of a certificate fails to submit proof of completion of the requirements as set forth in § 5803.5 or pay the late fee within sixty (60) days after expiration of the certificate holder's certificate, the certificate shall be considered to have lapsed on the date of expiration and the certificate holder shall thereafter be required to apply for reinstatement of an expired certificate and meet all requirements and fees for reinstatement.

5803.10 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew the certificate after expiration, if the certificate holder’s failure to submit proof of the requirements or pay the late fee was for good cause. As used in this section “good cause” includes the following:

(a) Serious and protracted illness of the certificate holder; and

(b) The death or serious and protracted illness of a member of the certificate holder’s immediate family.

History

• SOURCE: Final Rulemaking published at 36 DCR 3497, 3498 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5804 EDUCATIONAL REQUIREMENTS

5804.1 An applicant for a certificate to practice as a certified nurse-midwife shall furnish proof satisfactory to the Board, in accordance with § 608(b) of the Act, D.C. Official Code § 3-1206.08(b), that the applicant has successfully completed a post-basic nursing education program accredited by the American College of Nurse Midwives (ACNM) or a nationally recognized accrediting body accepted by the Board.

5804.2 Repealed.

5804.3 Repealed

History

• SOURCE: Final Rulemaking published at 36 DCR 3497, 3498 (May 12, 1989); as amended by Final Rulemaking published at 37 DCR 2747, 2752 (May 4, 1990); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5805 NATIONAL EXAMINATION AND CERTIFICATION

5805.1 In addition to the requirements in § 5801 and § 5804, to qualify for a certificate to practice as a certified nurse-midwife in the District of Columbia, an applicant shall receive a passing score on the national certification examination by the ACNM or any other nationally recognized certifying body accepted by the Board.

5805.2 An applicant shall submit proof of having obtained a passing score on the examination by arranging to have official written verification of the certification, or a certified, notarized copy of the examination results, sent directly to the Board.

5805.3 A national certification program acceptable to the Board shall provide:

(a) scope of practice statement that reflects the standards of specialized and advanced nursing practice in the area of certification;

(b) An approval process for the formal programs of study in the area of certification which shall:

(1) Be based on measurable objectives that relate directly to the scope of practice;

(2) Include theoretical and clinical content directed to objectives; and

(3) Be equivalent to at least one academic year preceptorship which is part of the formal program and shall be included as part of the academic year. Current practice in the area of certification will not be accepted as a substitute for the formal program of study.

(c) An examination in the area of certification which shall:

(1) Measure the theoretical and clinical content denoted in the scope of practice;

(2) Be developed in accordance with generally accepted standards of validity and reliability; and

(3) Be open only to registered nurses who have successfully completed the program of study referred to in paragraph (b) of this subsection.

(d) A certification maintenance program.

5805.4 The passing score on the certification examination shall be the passing score established by the certifying body administering the examination.

5805.5 The Board shall issue and update a list of nationally recognized certifying bodies accepted by the Board.

5805.6 Failure to maintain recertification as a certified registered nurse-midwife shall result in the loss of status as a certified nurse-midwife.

History

• SOURCE: Final Rulemaking published at 36 DCR 3497, 3498 (May 12, 1989); as amended by Final Rulemaking published at 37 DCR 2747, 2752 (May 4, 1990); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5806 CERTIFICATION BY ENDORSEMENT

5806.1 An applicant is eligible for certification by endorsement if the applicant is currently licensed or certified, in good standing, as a nurse-midwife under the laws of a state or territory of the United States.

5806.2 To apply for certification by endorsement, an applicant shall:

(a) Submit a completed application on the forms required by the Board;

(b) Submit a copy of his or her current license or certificate as a certified nurse-midwife with the application;

(c) Obtain licensure or certification verification from the current state or territory of licensure or certification, that the license or certificate is current and in good standing. The verification form must be sent directly to the Board by the verifying Board;

(d) Meet any other requirements as set forth by the Board; and

(e) Pay all required fees.

5806.3 An application that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned, and closed by the Board. The applicant shall thereafter be required to reapply, submit the required documents and completed forms, and pay the required fees.

5806.4 Nothing in this section shall be construed to prohibit the Board from utilizing other authorized databases to verify current licensure standing in other jurisdictions of the U.S. and to review disciplinary records.

History

• SOURCE: Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5807 STANDARDS OF CONDUCT

5807.1 A certified nurse-midwife shall adhere to the standards set forth in the American College of Nurse Midwives' "Code of Ethics" as they may be amended or republished from time to time.

History

• SOURCE: Final Rulemaking published at 36 DCR 3497, 3499 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5808 SCOPE OF PRACTICE

5808.1 In addition to the general function specified in D.C. Official Code § 3-1206.04 the nurse-midwife may perform any of the acts listed below, including:

(a) Manage the care of the normal obstetrical patient;

(b) Perform minor surgical procedure;

(c) Manage the normal obstetrical patient during labor and delivery to include amniotomy, episiotomy, and repair;

(d) Initiate and perform local anesthetic procedures and order the necessary anesthetic agents to perform the procedures;

(e) Manage care of the newborn;

(f) Perform post-partum examination;

(g) Provide gynecological care for women;

(h) Prescribe appropriate medications;

(i) Provide family planning and STD services;

(j) Provide primary health care; and

(k) Such other functions and services the Board deems appropriate upon review and analysis of professional and association literature which articulates scopes and standards for nurse-midwifery practice.

5808.2 Repealed

5808.3 Repealed

5808.4 Repealed

5808.5 A nurse-midwife may not perform a cesarean section or surgical abortion.

5808.6 For purposes of this section, "normal patient" means a healthy individual who meets the criteria established in practice protocols as normal.

History

• SOURCE: Final Rulemaking published at 36 DCR 3497, 3500 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5809 PRESCRIPTIVE AUTHORITY

5809.1 A certified nurse-midwife shall have authority to prescribe legend drugs and controlled substances subject to the limitations set forth in § 5810.

5809.2 A certified nurse-midwife shall have authority to prescribe drugs only while licensed in accordance with this chapter.

5809.3 Prescriptions for drugs shall comply with all applicable District of Columbia and federal laws.

5809.4 A certified nurse-midwife who administers or prescribes a prescription drug shall enter into the patient's chart on the date of the transaction, or if the chart is not available, within a reasonable time but no later than the next office day the following information:

(a) Each prescription that a certified nurse-midwife orders; and

(b) The name, strength, and amount of each drug that a certified nurse-midwife prescribes and/or dispenses.

5809.5 Pursuant to § 514 of the Act, D.C. Code § 2-3305.14(a)(19) (1988), the Board may suspend or revoke the license or certification of, or take other disciplinary action against any applicant or licensee who prescribes, dispenses, or administers drugs when not authorized to do so.

History

• SOURCE: Final Rulemaking published at 36 DCR 3497, 3501 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5810 PRESCRIBING CONTROLLED SUBSTANCES

5810.1 A certified nurse-midwife shall have authority to prescribe those drugs in Schedules II through V, established pursuant to the District of Columbia Uniform Controlled Substances Act of 1981, D.C. Law 4-29, D.C. Official Code §§ 48-901.02 et seq.

5810.2 A certified nurse-midwife shall not prescribe a controlled substance unless a certified nurse-midwife meets the following requirements:

(a) Possesses a valid controlled substances certificate of registration from the United States Drug Enforcement Administration (DEA); and

(b) Possesses a valid District of Columbia controlled substances registration pursuant to D.C. Official Code §§ 48-901.02 et seq., the District of Columbia Uniform Controlled Substances Act.

5810.3 A certified nurse-midwife shall not issue a refillable prescription for a controlled substance.

5810.4 A certified nurse-midwife shall maintain a current and complete log of all controlled substances that a certified nurse-midwife prescribes, in accordance with regulations for record keeping promulgated by the United States Drug Enforcement Administration.

History

• SOURCE: Final Rulemaking published at 36 DCR 3497, 3501 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5812 USE OF TITLE OR ABBREVIATIONS

5812.1 Only persons certified, as certified nurse-midwives by the Board shall be designated as such and have the right to use the title "Certified Nurse-Midwife" (CNM) and the title or abbreviations designated by the Board or an approved national certifying body.

History

• SOURCE: Final Rulemaking published at 36 DCR 3497, 3504 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5813 PRACTICE OF A CERTIFIED REGISTERED NURSE-MIDWIFE IN HEALTH CARE FACILITIES REQUIRING A FORMAL EVALUATION

5813.1 An APRN shall be evaluated by another APRN licensed to practice in the same specialty area.

History

• SOURCE: Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5814 SUPERVISED PRACTICE OF STUDENTS

5814.1 A student may practice nurse-midwifery only in accordance with the Act and this chapter.

5814.2 A student fulfilling education requirements for certification and practicing within the limitations set forth in § 103(c) of the Act, D.C. Official Code § 3-1201.03(c), may be authorized to engage in the supervised practice of nurse-midwifery without a District of Columbia certificate.

5814.3 A person who has been denied a certificate, denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5814.4 Only a nurse-midwife certified under the Act, who is an appointed faculty member of the accredited school or college, or a preceptor meeting the requirements set forth in chapter 56 of this Title, shall be authorized to supervise the practice of nurse-midwifery by a student.

5814.5 A student who practices pursuant to this section shall only practice at a hospital, a health facility operated by the District or federal government, or other health care facility considered appropriate by the Board.

5814.6 All supervised practice of a student shall take place under general or immediate supervision.

5814.7 A student practicing under this section shall not assume administrative or technical responsibility for the operation of a nurse-midwifery program, unit, service, or institution.

5814.8 A student shall identify himself or herself as such before practicing as a student nurse-midwife. A student shall wear a picture identification badge with lettering clearly visible to the client bearing the name of the student and the position title.

5814.9 A student shall not receive compensation of any nature, directly or indirectly, from a client or client's family member.

5814.10 The supervisor or preceptor, as applicable, shall be fully responsible for the practice by a student during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter by the student.

5814.11 The Board may deny an application for certification by, or take other disciplinary action against, a student who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the student to practice.

History

• SOURCE: Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5815 SUPERVISED PRACTICE OF GRADUATES

5815.1 A graduate may practice nurse-midwifery only in accordance with the Act and this chapter.

5815.2 An individual shall be authorized to engage in the supervised practice of nurse-midwifery, as a graduate nurse-midwife, without a District of Columbia certificate if the individual:

(a) Graduated from a post-basic nursing education program in nurse-midwifery approved by the ACNM or other certifying body approved by the board;

(b) Is awaiting the results of the certification examination given by the ACNM or other certifying body approved by the board; and

(c) Has an initial application pending for certification to practice nurse-midwifery in the District of Columbia.

5815.3 A person who has been denied a certificate, denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5815.4 Within five (5) business days after the application for certification has been received by the Board's staff, the Board's staff shall, at the request of the applicant, issue a supervised practice letter to the applicant to document that his or her application is pending and that he or she is authorize to practice under the Act and this chapter. The practice letter is not renewable and shall expire:

(a) Ninety (90) days from the date of issuance;

(b) Upon receipt of written notice to the applicant of denial of certification;

(c) Upon receipt of notice to the applicant that the applicant has failed the certification examination; or

(d) Upon receipt of written notice to the applicant from the Board that the application for certification has been denied, whichever date is the earliest.

5815.5 Upon receipt of the practice letter, the graduate shall inform employers of the date of expiration of the letter and shall immediately cease the practice of nurse-midwifery on that date or upon receipt of written notice as set forth in § 5815.4, whichever date is the earliest. The graduate thereafter may practice in any other area for which the graduate is qualified and licensed in the District, until receipt of a certificate to practice nurse-midwifery in the District.

5815.6 The graduate shall immediately notify the Board and the graduate's supervisor of the results of the certification examination.

5815.7 Only a nurse-midwife certified under the Act, who is a supervisor, shall be authorized to supervise the practice of nurse-midwifery by a graduate.

5815.8 A supervisor shall not supervise more than two (2) graduates at one time.

5815.9 All supervised practice of a graduate shall take place under general or immediate supervision.

5815.10 A graduate who practices pursuant to this section shall only practice at a hospital, a health facility operated by the District or federal government, or other health care facility considered appropriate and approved by the Board.

5815.11 A graduate practicing under this section shall not assume administrative or technical responsibility for the operation of a nurse-midwifery program, unit, service, or institution.

5815.12 A graduate shall identify himself or herself as such before practicing as a nurse-midwife. A graduate shall wear a picture identification badge with lettering clearly visible to the client bearing the name of the graduate and the position title.

5815.13 A graduate shall not receive compensation of any nature, directly or indirectly, from a client or client's family member, except for a salary based on hours worked under supervision.

5815.14 The supervisor shall be fully responsible for the practice by a graduate during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter by the graduate.

5815.15 The Board may deny an application for certification by, or take other disciplinary action against, a graduate who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the graduate to practice.

History

• SOURCE: Final Rulemaking published at 51 DCR 7228 (July 23, 2004)

17 DCMR § 5816 SUPERVISED PRACTICE OF APPLICANTS FOR CERTIFICATION BY ENDORSEMENT

5816.1 An applicant may practice nurse-midwifery only in accordance with the Act and this chapter.

5816.2 An applicant for certification by endorsement shall be authorized to engage in the supervised practice of nurse-midwifery in the District of Columbia without a District of Columbia certificate if the applicant:

(a) Is currently certified by the ACNM or a certifying body approved by the Board;

(b) Is currently licensed, in good standing, under the laws of a state or territory of the United States; and

(c) Has an initial application pending for certification by endorsement to practice nurse-midwifery in the District of Columbia.

5816.3 A person who has been denied a certificate, denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5816.4 Within five (5) business days after the application for certification by endorsement has been received by the Board's staff, the Board's staff shall issue a practice letter to the applicant to document that his or her application is pending and that he or she is eligible to practice under the Act and this chapter. The practice letter is not renewable and shall expire:

(a) Ninety (90) days from the date of issuance; or

(b) Upon receipt of written notice from the Board that the application for certification has been denied, whichever date is the earliest.

5816.5 Upon receipt of the practice letter, the applicant shall inform employers of the date of expiration of the letter and shall immediately cease the practice of nurse-midwifery on that date or upon receipt of written notice as set forth in § 5816.4, whichever date is the earliest. The applicant thereafter may practice in any other area for which the graduate is qualified and licensed in the District, until receipt of a certificate to practice nurse-midwifery in the District.

5816.6 Only a nurse-midwife certified under the Act, who is a supervisor, shall be authorized to supervise the practice of nurse-midwifery by an applicant.

5816.7 A supervisor shall not supervise more than two (2) applicants at one time.

5816.8 All supervised practice of an applicant shall take place under general or immediate supervision.

5816.9 An applicant who practices pursuant to this section shall only practice at a hospital, a health facility operated by the District or federal government, or other health care facility considered appropriate by the Board.

5816.10 An applicant under this section shall not assume administrative or technical responsibility for the operation of a nurse-midwifery program, unit, service, or institution.

5816.11 An applicant shall not receive compensation of any nature, directly or indirectly, from a client or client's family member, except for a salary based on hours worked under supervision.

5816.12 The supervisor shall be fully responsible for the practice by an applicant during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter by the applicant.

5816.13 The Board may deny an application for a certificate by, or take other disciplinary action against, an applicant who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the applicant to practice.

History

• SOURCE: Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5899 DEFINITIONS

5899.1 For purposes of this chapter, the following terms have the meaning ascribed:

Act - Health Occupation Revision Act of 1985 ("Act"), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq.).

Applicant - a person applying for a license to practice as a certified nurse-midwife under this chapter.

Board - the Board of Nursing, established by § 204 of the Act, D.C. Official Code § 3-1202.04.

Certificate - a certificate to practice as a nurse-midwife under this chapter.

Certified nurse-midwife - a registered nurse trained in an educational program to provide nurse-midwifery services, exercise independent judgment, and assume primary responsibility for the care of patients.

Clinical practice - the routine application of the principles of nurse-midwifery to the diagnosis and treatment of disease and the maintenance of health.

Graduate - an individual who has graduated from a post-basic nursing education program for nurse midwifery.

Supervisor - means a certified nurse-midwife who is responsible for the supervision of a student, graduate, or applicant.

History

• SOURCE: Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17-59 NURSE-PRACTITIONERS

17 DCMR § 5900 APPLICABILITY

5900.1 This chapter shall apply to applicants for and holders of a certificate to practice nurse-practitioners.

5900.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 54 (Registered Nursing) of this title shall supplement this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is § 302(14) of the District of Columbia Health Occupations Revision Act of 1985, D.C. Law 6-99, D.C. Code § 2-3303.2(14) (1988 Repl. Vol.), 33 DCR 729, 732 (February 7, 1986), and Mayor's Order 86-110, 33 DCR 5220 (August 22, 1986).
• SOURCE: Final Rulemaking published at 36 DCR 3505 (May 12, 1989).

17 DCMR § 5901 GENERAL REQUIREMENT

5901.1 Only a person currently licensed, as a registered nurse under Chapter 54 of this title shall be eligible to apply for a license to practice as a nurse-practitioner under this chapter.

History

• SOURCE: Final Rulemaking published at 36 DCR 3505 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5903 RENEWAL OF CERTIFICATE

5903.1 A holder of a certificate to practice as a nurse-practitioner shall renew his or her certificate by submitting a completed application on the forms required by the Board and paying the required fees prior to the expiration of the certificate.

5903.2 The Board's staff shall mail out applications for renewal at least sixty (60) days prior to the date the certificate expires.

5903.3 A certificate holder shall have the burden of notifying the Board if a renewal notice is not received.

5903.4 A certificate holder shall notify the Board in writing of a change of home or business address within thirty (30) days of the change.

5903.5 A certificate holder applying for renewal of a certificate to practice as a nurse-practitioner shall:

(a) Maintain current licensure as a registered nurse in the District of Columbia;

(b) Submit evidence of current national certification or recertification, as applicable, by the American Nurses Credentialing Center (ANCC) or or other national certifying body approved by the Board; and

(c) Beginning with the 2006 renewal period, submit proof of completion of fifteen (15) contact hours of continuing education, which shall include a pharmacology component. A continuing education program, course, seminar, or workshop shall be approved by the ANCC or other nationally certifying organization recognized by the Board and related to the certificate holder's specialty. Only continuing education hours obtained in the two (2) years immediately preceding the application date will be accepted.

5903.6 A certificate holder shall submit a verification form of completion, for each program, course, seminar, or workshop for which continuing education is claimed.

5903.7 A certificate holder applying for renewal of a certificate who fails to submit proof of having completed the requirements as set forth in § 5903.5 by the date the certificate expires may renew the certificate within sixty (60) days after the expiration by submitting the required documents and paying the required late fees.

5903.8 Upon submitting the required documents and paying the required late fees, the certificate holder shall be deemed to have possessed a valid certificate during the period between the expiration of the certificate and the submission of the required documents and fees.

5903.9 If a certificate holder applying for renewal of a certificate fails to submit proof of completion of the requirements as set forth in § 5903.5 or pay the late fee within sixty (60) days after the expiration of the certificate holder's certificate, the certificate shall be considered to have lapsed on the date of expiration and the certificate holder shall thereafter be required to apply for reinstatement of an expired certificate and meet all requirements and fees for reinstatement.

5903.10 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew the certificate after expiration, if the certificate holder's failure to submit proof of the requirements or pay the late fee was for good cause. As used in this section "good cause" includes the following:

(a) Serious and protracted illness of the certificate holder; and

(b) The death or serious and protracted illness of a member of the certificate holder's immediate family.

History

• SOURCE: Final Rulemaking published at 36 DCR 3505, 3506 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5904 EDUCATIONAL REQUIREMENTS

5904.1 An applicant for a license to practice as a nurse-practitioner shall furnish proof satisfactory to the Board, in accordance with § 608(c) of the Act, D.C. Official Code § 3-1206.08, that the applicant has successfully completed a post-basic nursing education program applicable to the area of practice approved by the Board or accredited by a nationally recognized body accepted by the Board and which is relevant to the nurse-practitioner's area of practice.

5904.2 Repealed

5904.3 Repealed

5904.4 Repealed

History

• SOURCE: Final Rulemaking published at 36 DCR 3505, 3506 (May 12, 1989); as amended by Final Rulemaking published at 37 DCR 2747, 2752 (May 4, 1990); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5906 CERTIFICATION BY ENDORSEMENT

5906.1 An applicant is eligible for certification by endorsement if the applicant is currently licensed or certified, in good standing, as a nurse practitioner under the laws of a state or territory of the United States.

5906.2 To apply for certification by endorsement, an applicant shall:

(a) Submit a completed application on the forms required by the Board;

(b) Submit a copy of his or her current license or certificate as a nurse practitioner with the application;

(c) Obtain licensure or certification verification from the current state or territory of licensure or certification, that the license or certificate is current and in good standing. The verification form must be sent directly to the Board by the verifying Board;

(d) Meet any other requirements as set forth by the Board; and

(e) Pay all required fees.

5906.3 An application that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned, and closed by the Board. The applicant shall thereafter be required to reapply, submit the required documents and completed forms, and pay the required fees.

5906.4 Nothing in this section shall be construed to prohibit the Board from utilizing other authorized databases to verify current licensure standing in other jurisdictions of the U.S. and to review disciplinary records.

History

• SOURCE: Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5907 STANDARDS OF CONDUCT

5907.1 A nurse practitioner shall adhere to the standards set forth in the American Nurses Association's "Code of Ethics," as they may be amended or republished from time to time.

History

• SOURCE: Final Rulemaking published at 36 DCR 3505, 3507 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5908 SCOPE OF PRACTICE

5908.1 A nurse-practitioner shall practice in accordance with §§ 604 and 606 of the Act, D.C. Code §§ 2-3306.4 and 2-3306.7 (1988).

5908.2 Repealed

5908.3 Repealed

History

• SOURCE: Final Rulemaking published at 36 DCR 3505, 3508 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5909 PRESCRIPTIVE AUTHORITY

5909.1 A nurse-practitioner shall have authority to prescribe legend drugs and controlled substances subject to the limitations set forth in § 5910.

5909.2 A nurse-practitioner shall have authority to prescribe drugs only while certified in accordance with this chapter.

5909.3 Prescriptions for drugs shall comply with all applicable District of Columbia and federal laws.

5909.4 A nurse-practitioner who administers or prescribes a prescription drug shall enter in the patient's chart on the date of the transaction or, if the chart is not available, no later than the next office day, the following information:

(a) Each prescription that a nurse-practitioner orders; and

(b) The name, strength, and amount of each drug that a nurse-practitioner administers.

5909.5 Pursuant to § 514 of the Act, D.C. Official Code § 3-1205.14(a)(19), the Board may suspend or revoke the license or take other disciplinary action against any applicant or licensee who prescribes, dispenses, or administers drugs when not authorized to do so.

History

• SOURCE: Final Rulemaking published at 36 DCR 3505, 3508 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5910 PRESCRIBING CONTROLLED SUBSTANCES

5910.1 A nurse-practitioner shall have authority to prescribe those drugs on Schedules II through V established pursuant to the District of Columbia Uniform Controlled Substances Act of 1981, D.C. Law 4-29, D.C. Code §§ 33-501 et seq., that are authorized by the protocol under which the nurse-practitioner is practicing.

5910.2 A nurse-practitioner shall not prescribe a controlled substance unless a licensed, certified nurse practitioner meets the following requirements:

(a) Possesses a valid controlled substances certificate of registration from the United States Drug Enforcement Administration (DEA); and

(b) Possesses a valid District of Columbia controlled substances registration pursuant to D.C. Official Code §§ 48-901.02 et seq., the District of Columbia Uniform Controlled Substances Act.

5910.3 A nurse-practitioner shall not issue a refillable prescription for a controlled substance.

5910.4 A nurse-practitioner shall maintain a current and complete log of all controlled substances that the nurse practitioner prescribes in accordance with regulations for record keeping promulgated by the United States Drug Enforcement Administration.

History

• SOURCE: Final Rulemaking published at 36 DCR 3505, 3510 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5912 USE OF TITLES OR ABBREVIATIONS

5912.1 Only a person certified by the Board to practice as a nurse-practitioner may use the title or abbreviation "Nurse-Practitioner," "Certified Nurse-Practitioner," or "C.N.P.".

5912.2 A nurse-practitioner may place the title or abbreviations in § 5912.1 after his or her name, alone or in combination with other letters or words identifying categories of specialization, including, but not limited to, the following:

(a) Adult Nurse-Practitioner;

(b) Pediatric Nurse-Practitioner;

(c) Family Nurse-Practitioner;

(d) Gerontologic Nurse-Practitioner;

(e) Neonatal Nurse-Practitioner;

(f) School Nurse-Practitioner; and

(g) Psychiatric Nurse-Practitioner.

5912.3 A speciality area of nursing practice shall be declared, and the specialty title to be utilized shall be the title which is granted by a nationally recognized accrediting body or the title of the specialty area of nursing practice in which the nurse practitioner has received postgraduate educational preparation.

History

• SOURCE: Final Rulemaking published at 36 DCR 3505, 3512 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5913 PRACTICE OF A CERTIFIED REGISTERED NURSE-PRACTITIONER IN HEALTH CARE FACILITIES REQUIRING A FORMAL EVALUATION

5913.1 An APRN shall be evaluated by another APRN licensed to practice in the same specialty area.

History

• SOURCE: Final Rulemaking published at 49 DCR 11751 (December 27, 2002).

17 DCMR § 5914 SUPERVISED PRACTICE OF STUDENTS

5914.1 A student may practice as a nurse practitioner only in accordance with the Act and this chapter.

5914.2 A student fulfilling education requirements for certification and practicing within the limitations set forth in § 103(c) of the Act, D.C. Official Code § 3-1201.03(c), shall be authorized to engage in the supervised practice as a nurse practitioner without a District of Columbia certificate.

5914.3 A person who has been denied a certificate, denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5914.4 Only a nurse practitioner certified under the Act, who is an appointed faculty member of the accredited school or college, or a preceptor meeting the requirements set forth in chapter 56 of this Title, shall be authorized to supervise the practice of a student.

5914.5 A student who practices pursuant to this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, or other health care facility considered appropriate by the ANCC or other certifying body approved by the Board.

5914.6 All supervised practice of a student shall take place under general or immediate supervision.

5914.7 A student under this section shall not assume administrative or technical responsibility for the operation of a nurse practitioner program, unit, service, or institution.

5914.8 A student shall identify himself or herself as such before practicing as a nurse practitioner. A student shall wear a picture identification badge with lettering clearly visible to the client bearing the name of the student and the position title.

5914.9 A student shall not receive compensation of any nature, directly or indirectly, from a client or client's family member.

5914.10 The appointed supervising faculty member shall be fully responsible for the practice by a student during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter by the student.

5914.11 The Board may deny an application for a certificate by, or take other disciplinary action against, a student who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the student to practice.

History

• SOURCE: Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5915 SUPERVISED PRACTICE OF GRADUATES

5915.1 A graduate may practice as a nurse practitioner only in accordance with the Act and this chapter.

5915.2 An individual may be authorized to engage in the supervised practice as a nurse practitioner as a graduate nurse practitioner, without a District of Columbia certificate if the individual:

(a) Graduated from post-basic nursing education program for nurse practitioners approved by the ANCC or other certifying board approved by the board;

(b) Is awaiting the results of the certification examination given by the ANCC or other certifying body approved by the board; and

(c) Has an initial application pending for certification to practice as a nurse practitioner in the District of Columbia.

5915.3 A person who has been denied a certificate, denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5915.4 Within five (5) business days after the application for certification has been received by the Board's staff, the Board's staff shall, at the request of the applicant, issue a supervised practice letter to the applicant to document that his or her application is pending and that he or she is authorized to practice under the Act and this chapter. The practice letter is not renewable and shall expire:

(a) Ninety (90) days from the date of issuance;

(b) Upon receipt of written notice to the applicant of denial of certification;

(c) Upon receipt of notice to the applicant that the applicant has failed the certification examination; or

(d) Upon receipt of written notice to the applicant from the Board that the application for certification has been denied, whichever occurs first.

5915.5 Upon receipt of the practice letter, the graduate shall inform employers of the date of expiration of the letter and shall immediately cease practice as a nurse practitioner on that date or upon receipt of written notice as set forth in § 5915.4, whichever date is the earliest. The graduate thereafter may practice in any other area for which the graduate is qualified and licensed in the District, until receipt of a certificate to practice as a nurse practitioner in the District.

5915.6 The graduate shall immediately notify the Board and the graduate's supervisor of the results of the certification examination.

5915.7 Only a nurse practitioner certified under the Act, who is a supervisor, shall be authorized to supervise practice as a nurse practitioner by a graduate.

5915.8 A supervisor shall not supervise more than two (2) graduates at one time.

5915.9 All supervised practice of a graduate shall take place under general or immediate supervision.

5915.10 A graduate who practices pursuant to this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, or other health care facility considered appropriate by the Board.

5915.11 A graduate under this section shall not assume administrative or technical responsibility for the operation of a nurse practitioner program, unit, service, or institution.

5915.12 A graduate shall identify himself or herself as such before practicing as a nurse practitioner. A graduate shall wear a picture identification badge with lettering clearly visible to the client bearing the name of the graduate and the position title.

5915.13 A graduate shall not receive compensation of any nature, directly or indirectly, from a client or client's family member, except for a salary based on hours worked under supervision.

5915.14 The supervisor shall be fully responsible for all practice by a graduate during the period of supervision and is subject to disciplinary action for any violation of the Act or this chapter by the graduate.

5915.15 The Board may deny an application for a certificate by, or take other disciplinary action against, a graduate who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the graduate to practice.

History

• SOURCE: Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5916 SUPERVISED PRACTICE OF APPLICANTS FOR CERTIFICATION BY ENDORSEMENT

5916.1 An applicant may practice as a nurse practitioner only in accordance with the Act and this chapter.

5916.2 An applicant for certification by endorsement shall be authorized to engage in the supervised practice as a nurse practitioner in the District of Columbia without a District of Columbia certificate if the applicant:

(a) Is currently certified by the ANCC or a certifying body approved by the Board;

(b) Is currently licensed, in good standing, under the laws of a state or territory of the United States; and

(c) Has an initial application pending for certification by endorsement to practice as a nurse practitioner in the District of Columbia.

5916.3 A person who has been denied a certificate, denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5916.4 Within five (5) business days after the application for certification by endorsement has been received by the Board's staff, the Board's staff shall issue a practice letter to the applicant to document that his or her application is pending and that he or she is eligible to practice under the Act and this chapter. The practice letter is not renewable and shall expire:

(a) Ninety (90) days from the date of issuance; or

(b) Upon receipt of written notice from the Board that the application for certification has been denied, whichever date is the earliest.

5916.5 Upon receipt of the practice letter, the applicant shall inform employers of the date of expiration of the letter and shall immediately cease practice as a nurse practitioner. The graduate thereafter may practice in any other area for which the graduate is qualified and licensed in the District, until receipt of a certificate to practice as a nurse practitioner in the District.

5916.6 Only a nurse practitioner certified under the Act, who is a supervisor, shall be authorized to supervise practice as a nurse practitioner by a graduate.

5916.7 A supervisor shall not supervise more than two (2) applicants at one time.

5916.8 All supervised practice of an applicant shall take place under general or immediate supervision.

5916.9 An applicant who practices pursuant to this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, or other health care facility considered appropriate by the Board.

5916.10 An applicant under this section shall not assume administrative or technical responsibility for the operation of a nurse practitioner program, unit, service, or institution.

5916.11 An applicant shall not receive compensation of any nature, directly or indirectly, from a client or client's family member, except for a salary based on hours worked under supervision.

5916.12 The supervisor shall be fully responsible for all practice by an applicant during the period of supervision and is subject to disciplinary action for any violation of the Act or this chapter by the applicant.

5916.13 The Board may deny an application for a certificate by, or take other disciplinary action against, an applicant who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the applicant to practice.

History

• SOURCE: Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 5999 DEFINITIONS

5999.1 For purposes of this chapter, the following terms have the meanings ascribed:

Act - Health Occupation Revision Act of 1985 (“Act”), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01 et seq.).

Applicant - a person applying for a license to practice as a nurse-practitioner under this chapter.

Board - the Board of Nursing, established by § 204 of the Act, D.C. Official Code § 3-1202.04.

Certificate - a certificate to practice as a nurse practitioner under this chapter.

Certified nurse practitioner - a registered nurse trained in an educational program and certified by a recognized national certification organization to provide healthcare services who, when functioning within the authorized scope of practice, is qualified to assume primary responsibility for the care of patients.

Clinical practice - the routine application of the principles of a nurse-practitioner to the diagnosis and treatment of disease and the maintenance of health.

Graduate - an individual who has graduated from a post-basic nursing education program for preparation to practice as a nurse practitioner.

Supervisor - a registered nurse-practitioner certified under the Act who is responsible for the supervision of a student, graduate, or applicant.

5999.2 The definitions in § 4099 of chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 36 DCR 3505, 3512 (May 12, 1989); as amended by Final Rulemaking published at 49 DCR 11751 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17-60 CLINICAL NURSE SPECIALIST

17 DCMR § 6000 APPLICABILITY

6000.1 A clinical nurse specialist is an expert clinician and clinical leader in a particular specialty or subspecialty of nursing and is prepared in a formal educational program to assume an expanded role in providing health care services. The clinical nurse specialist possesses refined knowledge and skills pertinent to the medical needs of patients in a specialty area. Clinical nurse specialists, when functioning within their scope of practice, are qualified to assume primary responsibility for the care of their clients.

6000.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 54 Registered Nursing) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002).

17 DCMR § 6001 GENERAL REQUIREMENT

6001.1 Only a person currently licensed as a registered nurse under chapter 54 of this title shall be eligible to apply for a certificate to practice as a clinical nurse specialist under this chapter.

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002).

17 DCMR § 6002 TERM OF CERTIFICATE

6002.1 Subject to § 6002.2, a certificate issued to this chapter shall expire at 12:00 midnight of June 30 of even-numbered year.

6002.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a certificate issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the certificate, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002).

17 DCMR § 6003 RENEWAL OF CERTIFICATE

6003.1 A holder of a certificate to practice as a clinical nurse specialist shall renew his or her certificate by submitting a completed application on the forms required by the Board and paying the required fees prior to the expiration of the certificate.

6003.2 The Board's staff shall mail out applications for renewal at least sixty (60) days prior to the date the certificate expires.

6003.3 A certificate holder shall have the burden of notifying the Board if a renewal notice is not received.

6003.4 A certificate holder shall notify the Board in writing of a change of home or business address within thirty (30) days after the change.

6003.5 A certificate holder applying for renewal of a certificate to practice clinical nurse specialty shall:

(a) Maintain current licensure as a registered nurse in the District of Columbia;

(b) Submit evidence of current national certification or recertification, as applicable, by the American Nurses Credentialing Center (ANCC) or any other nationally recognized certifying organization accepted by the Board; and

(c) Beginning with the 2006 renewal period, submit proof of completion of fifteen (15) contact hours of continuing education, which shall include a pharmacology component. A continuing education program, seminar, or workshop shall be approved by the ANCC or other nationally certifying body recognized by the Board and shall be related to the certificate holder's specialty. Only continuing education hours obtained in the two (2) years immediately preceding the application date will be accepted.

6003.6 A certificate holder shall submit a verification form of completion, for each program, course, seminar, or workshop for which continuing education is claimed.

6003.7 A certificate holder applying for renewal of a certificate who fails to submit proof of having completed the requirements as set forth in § 6003.5 by the date the certificate expires may renew the certificate within sixty (60) days after the expiration by submitting the required documents and paying the required late fees.

6003.8 Upon submitting the required documents and paying the required late fees, the certificate holder shall be deemed to have possessed a valid certificate during the period between the expiration of the certificate and the submission of the required documents and fees.

6003.9 If a certificate holder applying for renewal of a certificate fails to submit proof of completion of the requirements as set forth in § 6003.5 or pay the late fee within sixty (60) days after the expiration of the certificate holder's certificate, the certificate shall be considered to have lapsed on the date of expiration and the certificate holder shall thereafter be required to apply for reinstatement of an expired certificate and meet all requirements and fees for reinstatement.

6003.10 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew the certificate after expiration, if the certificate holder's failure to submit proof of the requirements or pay the late fee was for good cause. As used in this section "good cause" includes the following:

(a) Serious and protracted illness of the certificate holder; and

(b) The death or serious and protracted illness of a member of the certificate holder's immediate family.

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 6004 EDUCATIONAL REQUIREMENTS

6004.1 An applicant for a license to practice as a clinical nurse specialist must furnish proof satisfactory to the Board, in accordance with § 608(c) of the Act, D.C. Official Code § 3-1206.08, that the applicant is educationally prepared, at a minimum, at the master's level, and has satisfactorily completed an accredited master's degree program in the clinical specialty area in which he or she practices.

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002).

17 DCMR § 6005 NATIONAL EXAMINATION AND CERTIFICATION

6005.1 In addition to the requirements in § 6001 and § 6004, to qualify for a certificate to practice as a clinical nurse specialist in the District of Columbia, an applicant shall:

(a) Be currently certified as a clinical nurse specialist by the American Nurses Credentialing Center (ANCC) or any nationally recognized certifying body accepted by the Board; and

(b) Submit evidence indicating satisfactory completion of at least a three (3) credit hour pharmacology and clinical management of drug therapy or pharmacotherapeutics course, or completion of at least a thirty (30) contact hour pharmacology and clinical management of drug therapeutics course or pharmacotherapeutics course within the last five (5) years as it relates to the clinical nurse specialists' scope of practice.

6005.2 An applicant shall submit proof of having obtained a passing score on the ANCC certification examination by arranging to have official written certification of the certified copy of the examination results, sent to the Board.

6005.3 A national certification program acceptable to the Board shall provide:

(a) A scope of practice statement that reflects the standards of specialized and advanced nursing practice the area of certification;

(b) An approval process for the formal programs of study in the area of certification which shall:

(1) Be based on measurable objectives that relate directly to the scope of practice;

(2) Include theoretical and clinical content directed to the objectives; and

(3) Be equivalent to at least one academic year preceptorship which is part of the formal program and shall be included as part of the academic year. Current practice in the area of certification will not be accepted as a substitute for the formal program of study.

(c) An examination in the area of certification which shall:

(1) Measure the theoretical and clinical content denoted in the score of practice;

(2) Be developed in accordance with generally accepted standards of validity and reliability; and

(3) Be opened only to registered nurses who have successfully completed the program of study referred to in paragraph (b) of this section.

(d) A certification maintenance program.

6005.4 The passing score on the certification examination shall be the passing score established by the certifying body administering the examination.

6005.5 The Board shall issue and update a list of nationally recognized certifying bodies accepted by the Board.

6005.6 Failure to maintain recertification as a clinical nurse specialist shall result in the loss of license status as a clinical nurse specialist.

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002); as amended by Final Rulemaking published at 52 DCR 3129 (March 25, 2005); as amended by Final Rulemaking published at 52 DCR 3129 (March 25, 2005).

17 DCMR § 6006 CERTIFICATION BY ENDORSEMENT

6006.1 An applicant is eligible for certification by endorsement if the applicant is currently licensed or certified as a clinical nurse specialist under the laws of a state or territory of the United States.

6006.2 To apply for certification by endorsement, an applicant shall:

(a) Submit a completed application on the forms required by the Board;

(b) Submit a copy of his or her current license or certificate as a clinical nurse specialist with the application;

(c) Obtain verification from the current state or territory of licensure or certification that the license or certificate as a clinical nurse specialist is current and in good standing. The verification form must be sent directly to the Board by the verifying Board;

(d) Meet any other requirements as set forth by the Board; and

(e) Pay all required fees.

6006.3 An application that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned, and closed by the Board. The applicant shall thereafter be required to reapply, submit the required documents and completed forms, and pay the required fees.

6006.4 Nothing in this section shall be construed to prohibit the Board from utilizing other authorized databases to verify current licensure standing in other jurisdictions of the U.S. and to review disciplinary records.

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 6007 STANDARDS OF CONDUCT

6007.1 A clinical nurse specialist shall adhere to the standards set forth in the American Nurses Association's "Code of Ethics," as they may be amended or republished from time to time.

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 6008 SCOPE OF PRACTICE CLINICAL NURSE SPECIALIST

6008.1 Utilizing the knowledge and skills of the particular clinical specialty, the scope of practice includes the following:

(a) Manage health related and/or psychiatric problems;

(b) Initiate, monitor, or alter therapies;

(c) Design and evaluate innovations in their specialty practice; and

(d) Such other functions and services the Board deems appropriate upon review and analysis of professional and association literature which articulates scopes and standards for Clinical Nurse Specialist.

6008.2 In addition to the general functions specified in § 3-1201.02(2) and § 3-1206.04, the clinical nurse specialist may perform any or all of the following acts:

(a) Provide primary health care, including health promotion and disease prevention;

(b) Perform additional special procedures and treatments specific to the specialty scope of practice.

(c) Such other functions and services the Board deems appropriate upon review and analysis of professional and association literature which articulates scope and standards for clinical nurse specialties.

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002).

17 DCMR § 6009 PRESCRIPTIVE AUTHORITY

6009.1 A clinical nurse specialist shall have authority to prescribe legend drugs and controlled substances subject to the limitations set forth in § 6010.

6009.2 A registered clinical nurse specialist shall have authority to prescribe drugs only while certified in accordance with this chapter.

6009.3 Prescriptions for drugs shall comply with all applicable District and federal laws.

6009.4 A clinical nurse specialist who dispenses and/or prescribes a prescription drug shall enter in the patient's chart on the date of the transaction, or if the chart is not available, within a reasonable time but no later than the next business day:

(a) Each prescription that a clinical nurse specialist orders; and

(b) The name, strength, and amount of each drug that a clinical nurse specialist prescribes or dispenses.

6009.5 Pursuant to § 514 of the Act, D.C. Code § 3-1205.14(a)(19) (2001), the Board may suspend or revoke the license or take other disciplinary action against, any applicant or licensee who prescribes, dispenses, or administers drugs when not authorized to do so.

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 6010 PRESCRIBING CONTROLLED SUBSTANCES

6010.1 A clinical nurse specialist shall have authority to prescribe those drugs in Schedules II through V, established pursuant to the District of Columbia Uniform Controlled Substances Act of 1981, D.C. Law 4-29, D.C. Official Code §§ 48-901.02 et seq.

6010.2 A clinical nurse specialist shall not prescribe a controlled substances unless a clinical nurse specialist meets the following requirements;

(a) Possesses a valid controlled substances certificate of registration from the United States Drug Enforcement Administration (DEA); and

(b) Possesses a valid District of Columbia controlled substances registration pursuant to D.C. Official Code §§ 48-901.02 et seq., the District of Columbia Uniform Controlled Substances Act.

6010.3 A clinical nurse specialist shall not issue a refillable prescription for a controlled substance.

6010.4 A clinical nurse specialist shall maintain a current and complete log of all controlled substances that the clinical nurse specialist prescribes, in accordance with regulations for record keeping promulgated by the United States Drug Enforcement Administration (DEA).

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002).

17 DCMR § 6012 USE OF TITLES AND ABBREVIATIONS

6012.1 Any person who qualified under this chapter and whose application for an advanced practice registered nurse practitioner certificate has been approved by the Board shall have the right to use the title "advanced practice registered nurse" and clinical nurse specialist may use the title or abbreviation designated by the approved national certifying body. No other person shall assume such title or use such abbreviation. No other person shall use any other title, words, letter, signs, or figures to indicate that the person using the name is recognized as a certified registered clinical nurse specialist. Only persons certified as a Clinical Nurse Specialist by the Board shall be designated as such and have the right to use the title "Clinical Nurse Specialist" ("CNS").

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002).

17 DCMR § 6013 PRACTICE OF A CERTIFIED REGISTERED CLINICAL NURSE SPECIALIST IN HEALTH CARE FACILITIES REQUIRING A FORMAL EVALUATION

6013.1 An APRN shall be evaluated by another APRN licensed to practice in the same speciality area.

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002).

17 DCMR § 6014 SUPERVISED PRACTICE OF STUDENTS

6014.1 A student may practice as a clinical nurse specialist only in accordance with the Act and this chapter.

6014.2 A student fulfilling education requirements for certification and practicing within the limitations set forth in § 103(c) of the Act, D.C. Official Code § 3-1201.03(c), shall be authorized to engage in the supervised practice as a clinical nurse specialist without a District of Columbia certificate.

6014.3 A person who has been denied a certificate, denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

6014.4 Only a clinical nurse specialist certified under the Act, who is an appointed faculty member of the accredited school or college, or a preceptor meeting the requirements set forth in chapter 56 of this Title, shall be authorized to supervise the practice of a clinical nurse specialist by a student.

6014.5 A student who practices pursuant to this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, or other health care facility considered appropriate by the ANCC or other certifying body approved by the Board.

6014.6 All supervised practice of a student shall take place under general or immediate supervision.

6014.7 A student under this section shall not assume administrative or technical responsibility for the operation of a clinical nurse specialist program, unit, service, or institution.

6014.8 A student shall identify himself or herself as such before practicing as a nurse practitioner. A student shall wear a picture identification badge with lettering clearly visible to the client bearing the name of the student and the position title.

6014.9 A student shall not receive compensation of any nature, directly or indirectly, from a client or client's family member.

6014.10 The supervisor or preceptor, as applicable, shall be fully responsible for the practice by a student during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter by the student.

6014.11 The Board may deny an application for a certificate by, or take other disciplinary action against, a student who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the student to practice.

History

• SOURCE: Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 6015 SUPERVISED PRACTICE OF GRADUATES

6015.1 A graduate may practice as a clinical nurse specialist only in accordance with the Act and this chapter.

6015.2 An individual shall be authorized to engage in the supervised practice as a clinical nurse specialist as a graduate clinical nurse specialist, without a District of Columbia certificate if the individual:

(a) Graduated from a post-basic nursing education program for clinical nurse specialists approved by the ANCC or other certifying body approved by the Board;

(b) Is awaiting the results of the certification examination given by the ANCC or other certifying body approved by the Board; and

(c) Has an initial application pending for certification to practice as a clinical nurse specialist in the District of Columbia.

6015.3 A person who has been denied a certificate, denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

6015.4 Within five (5) business days after the application for certification has been received by the Board's staff, the Board's staff shall, at the request of the applicant, issue a supervised practice letter to the applicant to document that his or her application is pending and that he or she is authorized to practice under the Act and this chapter. The practice letter is not renewable and shall expire:

(a) Ninety (90) days from the date of issuance;

(b) Upon receipt of written notice to the applicant of denial of certification;

(c) Upon receipt of notice to the applicant that the applicant has failed the certification examination; or

(d) Upon receipt of written notice to the applicant from the Board that the application for certification has been denied, whichever date is the earliest.

6015.5 Upon receipt of the practice letter, the graduate shall inform employers of the date of expiration of the letter and shall immediately cease practice as a clinical nurse specialist on that date or upon receipt of written notice as set forth in § 6015.4, whichever date is the earliest. The graduate thereafter may practice in any other area for which the graduate is qualified and licensed in the District, until receipt of a certificate to practice as a clinical nurse specialist in the District.

6015.6 The graduate shall immediately notify the Board and the graduate's supervisor of the results of the certification examination.

6015.7 Only a clinical nurse specialist certified under the Act, who is a supervisor, shall be authorized to supervise the practice of a clinical nurse specialist by a graduate.

6015.8 A supervisor shall not supervise more than two (2) graduates at one time.

6015.9 All supervised practice of a graduate shall take place under general or immediate supervision.

6015.10 A graduate who practices pursuant to this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, or other health care facility considered appropriate by the Board.

6015.11 A graduate under this section shall not assume administrative or technical responsibility for the operation of a clinical nurse specialist program, unit, service, or institution.

6015.12 A graduate shall identify himself or herself as such before practicing as a nurse practitioner. A graduate shall wear a picture identification badge with lettering clearly visible to the client bearing the name of the graduate and the position.

6015.13 A graduate shall not receive compensation of any nature, directly or indirectly, from a client or client's family member, except for a salary based on hours worked under supervision.

6015.14 The supervisor shall be fully responsible for all practice by a graduate during the period of supervision and is subject to disciplinary action for any violation of the Act or this chapter by the graduate.

6015.15 The Board may deny an application for a certificate by, or take other disciplinary action against, a graduate who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the graduate to practice.

History

• SOURCE: Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 6016 SUPERVISED PRACTICE OF APPLICANTS FOR CERTIFICATION BY ENDORSEMENT

6016.1 An applicant may practice as a clinical nurse specialist only in accordance with the Act and this chapter.

6016.2 An applicant for certification by endorsement shall be authorized to engage in the supervised practice as a clinical nurse specialist in the District of Columbia without a District of Columbia certificate if the applicant:

(a) Is currently certified by the ANCC or a certifying body approved by the Board;

(b) Is currently licensed, in good standing, under the laws of a state or territory of the United States; and

(c) Has an initial application pending for certification by endorsement to practice as a clinical nurse specialist in the District of Columbia.

6016.3 A person who has been denied a certificate, denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

6016.4 Within five (5) business days after the application for certification by endorsement has been received by the Board's staff, the Board's staff shall issue a practice letter to the applicant to document that his or her application is pending and that he or she is eligible to practice under the Act and this chapter. The practice letter is not renewable and shall expire:

(a) Ninety (90) days from the date of issuance; or

(b) Upon receipt of written notice from the Board that the application for certification has been denied, whichever date is the earliest.

6016.5 Upon receipt of the practice letter, the applicant shall inform employers of the date of expiration of the letter and shall immediately cease practice as a clinical nurse specialist on that date or upon receipt of written notice as set forth in § 6015.4, whichever date is the earliest. The applicant thereafter may practice in any other area for which the applicant is qualified and licensed in the District, until receipt of a certificate to practice as a clinical nurse specialist in the District.

6016.6 Only a clinical nurse specialist certified under the Act, who is a supervisor, shall be authorized to supervise the practice of a clinical nurse specialist by an applicant.

6016.7 A supervisor shall not supervise more than two (2) applicants at one time.

6016.8 All supervised practice of an applicant shall take place under general or immediate supervision.

6016.9 An applicant who practices pursuant to this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, or other health care facility considered appropriate by the Board.

6016.10 An applicant under this section shall not assume administrative or technical responsibility for the operation of a clinical nurse specialist program, unit, service, or institution.

6016.11 An applicant shall not receive compensation of any nature, directly or indirectly, from a client or client's family member, except for a salary based on hours worked under supervision.

6016.12 The supervisor shall be fully responsible for all practice by an applicant during the period of supervision and is subject to disciplinary action for any violation of the Act or this chapter by the applicant.

6016.13 The Board may deny an application for a certificate by, or take other disciplinary action against, an applicant who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the applicant to practice.

History

• SOURCE: Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17 DCMR § 6099 DEFINITIONS

6099.1 For purposes of this chapter, the following terms have the meanings ascribed:

Act - Health Occupation Revision Act of 1985 ("Act"), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code $8 3-1201.01 et seq.).

Applicant - a person applying for a license to practice as a clinical nurse specialist under this chapter.

Board - the Board of Nursing, established by § 204 of the Act, D.C. Official Code § 3-1202.04.

Certificate - a certificate to practice as a clinical nurse specialist under this chapter.

Clinical practice - the routine application of the principles of clinical nurse specialist to the diagnosis and treatment of disease and the maintenance of health.

Graduate - an individual who has graduated from a post-basic nursing education program for preparation to practice as a clinical nurse specialist.

Nationally recognized certifying body - is one that offers a national certification examination in the specialty area of advanced nursing practice, utilizes standards and principles of the American Board of Nursing Specialties (ABNS), and provides a mechanism for evaluating continued competency in the speciality area of nursing practice.

Supervisor - means a certified clinical nurse specialist who is responsible for the supervision of a student, graduate, or applicant.

6099.2 The definitions in § 4099 of chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 49 DCR 11771 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7228 (July 23, 2004).

17-61 TRAINED MEDICATION EMPLOYEE

17 DCMR § 6100 GENERAL PROVISIONS

6100.1 This chapter shall apply to applicants for and holders of a certificate as a trained medication employee, employed to work in a program, who administer medications to persons with mental retardation or other disabilities, and sets forth requirements for:

(a) The administration of medication to persons with mental retardation or other developmental disabilities;

(b) The certification of trained medication employees;

(c) The certification of medication administration trainers and master trainers; and

(d) The employment and supervision of trained medication employees.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 9242 (October 31, 2003).

17 DCMR § 6101 OBTAINING AND FILING WRITTEN INSTRUCTIONS

6101.1 The supervisory registered nurse for each program shall obtain and maintain on file, at the program’s facility, and at the facility where the program participant most often receives medications, instructions written by the licensed practitioner responsible for prescribing medication for the program participant. A program shall ensure that a copy of a participant’s medication instructions is provided to the participant’s residential facility. The instructions shall state the following:

(a) The name of the program participant who is to receive the medication;

(b) The name and strength of the medication;

(c) The name and telephone number of the licensed practitioner prescribing the medication;

(d) The time of administration, dosage, method of administration, and duration of medication;

(e) Compatibility with other prescribed and non-prescription medications;

(f) Known program participant allergies;

(g) Medication usage warnings;

(h) Side effects; and

(i) Other potential adverse reactions.

6101.2 The written instructions shall be made available upon request to any official of the District of Columbia government or United States government who makes the request in the performance of his or her official duties.

6101.3 The information contained in the written instructions shall at all times be the current instructions of the licensed practitioner.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 9242 (October 31, 2003).

17 DCMR § 6102 PERIODIC REVIEW OF WRITTEN INSTRUCTIONS

6102.1 All written instructions and compliance with the written instructions for each program participant shall be reviewed and the review acknowledged in writing by the supervisory registered nurse at least once every thirty (30) days. The review shall consist of, at a minimum, a review of the medication administration record.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED].

17 DCMR § 6103 PARTICIPANT NOTIFICATION

6103.1 A program that provides services to a program participant shall provide written notification to the program participant, or the parent or guardian of the program participant, regarding the administration of medications to the program participant by other than a licensed practitioner or licensed nurse prior to allowing a trained medication employee to administer medication.

6103.2 A program shall maintain, at its principal place of business, and at the facility where the program participant most often receives medications, a copy of the written notification. A program shall also ensure that a program participant's residential facility is provided a copy of all medication orders. A copy of the notification shall be maintained at all times a person is a program participant and for six (6) years after a person leaves the program.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED].

17 DCMR § 6104 STORAGE OF MEDICATION

6104.1 Medications shall be stored in the original containers as dispensed by the pharmacy, and all pharmacy labels shall be intact and legible and shall not be altered.

6104.2 The medications shall be stored according to the package insert in either a cabinet or a medication refrigerator at a temperature between thirty-six (36) and forty-six (46) degrees Fahrenheit that offers sufficient store space and lighting. The cabinet or refrigerator shall be locked when not in use.

6104.3 Keys to each medication storage area shall be the responsibility of the trained medication employee, and shall be kept in a central safe location.

6104.4 The key to a medication storage area shall be available only to those individuals authorized to administer medications.

6104.5 Non-oral medications such as lotions and ointments shall be stored separately from those medications taken orally.

6104.6 Each medication considered part of a First Aid Kit shall be stored with the First Aid Kit and not locked with the medications.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 9242 (October 31, 2003).

17 DCMR § 6105 RECORD KEEPING

6105.1 The licensed nurse or trained medication employee shall document in the Medication Administration Record (“MAR”) medications that have been administered to the program participant and whether the medications ordered have been taken as ordered.

6105.2 A program participant's MAR shall be on file at all facilities where the program participant receives medication.

6105.3 The MAR shall include the following regarding the program participant:

(a) The name of the program participant;

(b) The date of birth of the program participant;

(c) The name of the program;

(d) The month, day, and year the medication is prescribed for administration to the program participant;

(e) The primary and secondary diagnosis of the program participant;

(f) Any known allergies of the program participant, or that the program participant has no known allergies;

(g) The diet order for the program participant;

(h) The name and phone number of the licensed practitioner under whose care the program participant has been placed; and

(i) The name of the supervisory registered nurse responsible for both the review and preparation of the MAR, and the supervision, monitoring and delegation of nursing functions with respect to the program participant.

6105.4 The following information shall be recorded in the MAR for all medications ordered for the program participant:

(a) The name, strength, and frequency of the medication;

(b) The prescribed dosage of medication;

(c) The route of medication administration;

(d) The date the medication is prescribed by the licensed practitioner;

(e) The date and time the medication is to begin;

(f) The date the medication is to be continued if specified by the licensed practitioner;

(g) Indications for the medication; and

(h) Any known allergies.

6105.5 All information shall be recorded on the MAR in permanent blue or black ink. All errors shall be appropriately corrected and there shall be no erasures or whiteouts.

6105.6 All medication information shall be entered on the MAR before storing the medication, and all information on the MAR shall be consistent with the information on the pharmacy label and the order sheet of the licensed practitioner.

6105.7 Immediately after administration of a medication, the trained medication employee shall initial the correct block on the MAR indicating the date and time that the medication was administered.

6105.8 All medication errors and omissions, and any related actions that have been taken, shall be recorded on the MAR by the trained medication employee and reported to the licensed nurse.

6105.9 Each trained medication employee shall enter his or her full name and initials on the back of the MAR the first time each month that medication is administered.

6105.10 The MAR shall be reviewed and signed by a registered nurse at least once each month.

6105.11 When a new medication is ordered for a program participant the licensed nurse shall be notified before the administration of the medication and a photocopy of the prescription shall be placed in the MAR.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 9242 (October 31, 2003).

17 DCMR § 6106 CERTIFICATION OF TRAINED MEDICATION EMPLOYEES

6106.1 Upon successful completion of a Trained Medication Employee Course approved by the Board, a trained medication employee applicant shall submit:

(a) Documentation signed by the Medication Administration Trainer verifying satisfactory completion of the Trained Medication Employee Course;

(b) Proof of a least one (1) year of clinical experience in a program or a health care facility;

(c) Proof of satisfactory current completion of cardio-pulmonary (CPR) training and a First Aid program; and

(d) A completed application and required fee.

6106.2 An applicant may request a waiver from participation in the Medication Administration Course if the applicant has successfully completed a substantially equivalent course in another jurisdiction. Program employees that have successfully completed a Medication Administration Course approved by the State of Maryland or the Commonwealth of Virginia need not participate in the Medication Administration Course.

6106.3 An applicant requesting a waiver from participation in the Medication Administration Course shall submit to the Board:

(a) Proof of current certification in the administration of medication in Maryland or Virginia or any other jurisdiction approved by the Board;

(b) Proof of at least one (1) year of clinical experience in a program or a health care facility;

(c) Proof of satisfactory current completion of a cardio-pulmonary (CPR) training and First Aid program; and

(d) A completed application and required fee.

6106.4 The Board shall issue to qualified applicants a certification as a trained medication employee authorized to administer medication to program participants in a program licensed, certified or approved by the District of Columbia government as defined in D.C. Official Code § 21-1201(10).

6106.5 The Board shall maintain a registry of certified trained medication employees.

6106.6 If, after certification, the supervisory registered nurse or licensed practitioner observes serious or multiple deficiencies or errors, he or she shall report the deficiencies to the Board in writing.

6106.7 If a licensed nurse or licensed practitioner observe serious or multiple deficiencies or errors that have jeopardized the health or welfare of any program participant which include, but are not limited to, errors involving medication administration, dosage documentation and storage of medications, the licensed nurse or licensed practitioner shall report the deficiencies to the Board and the employing program shall prohibit the trained medication employee from administering medication until the Board has taken action on the notice of deficiency.

6106.8 REPEALED.

6106.9 REPEALED.

6106.10 REPEALED.

6106.11 If, after certification, the supervisory registered nurse or licensed practitioner observes serious or multiple deficiencies or errors that have not jeopardized the health or welfare of any program participant, he or she shall report the deficiencies to the Board in writing within twenty-four (24) hours.

6106.12 Upon receipt of written notification alleging medication errors or deficiencies by the trained medication employee, the Board shall notify the employee of the receipt of the allegations and shall request that the employee respond in writing to the allegations within three (3) business days.

6106.13 Upon receipt and consideration of the allegations, any response from the trained medication employee, and other evidence the Board deems appropriate, the Board shall determine whether the employee was deficient. If the employee is found to have been deficient, the employee shall be required to repeat and successfully complete the Medication Administration Course.

6106.14 - 6106.19 REPEALED.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 9242 (October 31, 2003).

17 DCMR § 6107 RECERTIFICATION

6107.1 Recertification of a trained medication employee shall be required every two (2) years, and shall include verification of a Board-approved twelve (12) hours of in- service training in pharmacology or medication administration and the supervisory registered nurse's verification of the trained medication employee's continued adequacy of performance.

6107.2 Recertification applications shall be submitted to the Board before the expiration of the current certification and shall:

(a) Be signed by the trained medication employee;

(b) Include the supervisory registered nurse's written verification of the trained medication employee's continued adequacy of performance;

(c) Include documentation verifying successful completion of twelve (12) hours of board approved in-service training; and

(d) Be accompanied by the required registration fee.

6107.3 The Board shall recertify an applicant upon receiving a complete recertification application, proof of the applicant's continued competence, and the appropriate registration fee.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 9242 (October 31, 2003).

17 DCMR § 6108 GENERAL SUPERVISION BY REGISTERED NURSES OF TRAINED MEDICATION EMPLOYEES

6108.1 Before administering medication to a program participant, all trained medication employees shall:

(a) Observe a supervisory registered nurse administering medication to a program participant on at least two (2) occasions;

(b) Be observed by a supervisory registered nurse on at least four (4) separate occasions while engaged in the process of administration, documentation, and monitoring side effects at one hundred percent (100%) proficiency;

(c) Demonstrate his or her proficiency and knowledge of all medication procedures for the storage of medications, and all program policies pertaining to the administration of medication; and

(d) Demonstrate knowledge of medications to be administered by reviewing the following with the supervisory nurse:

(1) Compatibility with other prescribed and non-prescribed medications;

(2) Known patient allergies;

(3) Usage warnings;

(4) Side effects;

(5) Indications for usage; and

(6) Other potential adverse reactions.

6108.2 A registered nurse shall review the completed MAR monthly for proper and accurate documentation, including vital signs.

6108.3 A registered nurse shall observe, review and evaluate in writing the ability of the trained medication employee to properly administer, document and store medication for a program participant every three (3) months for the first year of certification and every six (6) months thereafter.

6108.4 The supervisory registered nurse shall be available to the trained medication employee for general or direct supervision.

6108.5 REPEALED.

6108.6 The supervisory registered nurse shall, on a monthly basis, review the licensed practitioner's orders, MAR, and medication intervals for all program participants.

6108.7 The supervisory registered nurse shall review with the trained medication employee any errors in documentation that are noted. Serious or multiple errors or omissions shall be reported to the Board of Nursing.

6108.8 Only a licensed nurse shall accept a telephone medication order from a licensed practitioner for a new prescription or change in dosage or frequency.

6108.9 The licensed nurse receiving the verbal order pursuant to § 6108.7 or receiving an order directly from a licensed practitioner, shall order medication from the pharmacy and enter that specific medication, as ordered, on the program participant's medication administration record.

6108.10 If the trained medication employee observes a change in the program participant's condition after administration of medication, the trained medication employee shall notify the registered nurse immediately

6108.11 REPEALED.

6108.12 REPEALED.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 9242 (October 31, 2003).

17 DCMR § 6109 TRAINING PROGRAMS AND TRAINER

6109.1 A Medication Administration Course to train program employees as trained medication employees shall consist of a program that is:

Approved by the Board for the instruction of applicants seeking certification as a trained medication employee; or

(a) Approved by the Board for instruction of applicants seeking certification as a trained medication employee; or

(b) Taught by a Medication Administration Trainer approved by the Board.

6109.2 A Medication Administration Course for Medication Administration Trainers shall be:

(a) Approved by the Board for the instruction of applicants seeking certification as Medication Administration Trainers; or

(b) Taught by a Master Medication Administration Trainer approved by the Board.

6109.3 A person seeking approval from the Board of Nursing as a Medication Administration Trainer shall:

(a) Be licensed in the District of Columbia as a registered nurse; and

(b) Be certified as a Medication Administration Trainer in another jurisdiction approved by the Board; or

(c) Have successfully completed a Medication Administration Trainer Program approved by the Board.

6109.4 A person seeking approval from the Board of Nursing as a Master Medication Administration Trainer shall

(a) Meet the criteria pursuant to § 6109.3; and

(b) Have two (2) years experience teaching a Medication Administration Course for Trained Medication Employees or other Board-approved medication administration course.

6109.5 The Board shall maintain a list of approved Medication Administration Trainers and Master Medication Administration Trainers.

6109.6 REPEALED.

6109.7 The Board may conduct inspections or investigations of persons seeking approval to conduct a Medication Administration Course, and of approved Medication Administration Courses, as may be necessary to ensure compliance with this chapter.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 9242 (October 31, 2003).

17 DCMR § 6110 PROGRAM RESPONSIBILITIES

6110.1 Every program shall maintain a complete file for each of its trained medication employees, which shall contain a copy of the training completion statement, a copy of the trained medication employee's certification, and any records evidencing compliance or non-compliance by the trained medication employee with the procedures of the Act, these rules and program policies. All records shall be available for inspection by official government program monitors.

6110.2 Every program shall ensure that all trained medication employees have direct or telecommunication access to the supervisory registered nurse at all times.

6110.3 Every program shall maintain the records of every program participant as required in Sections 6101.1.

6110.4 Every program shall, before hiring a person certified as a trained medication employee, verify with the Board of Nursing that the certification is current and the trained medication employee has not had disciplinary action taken against him or her.

6110.5 stricken.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 9242 (October 31, 2003).

17 DCMR § 6111 ADMINISTRATION OF MEDICATION IN EMERGENCY OR LIFE-THREATENING CIRCUMSTANCES

6111.1 An anaphylaxis emergency treatment kit, epipen, AnaKit or equivalent injection system of epinephrine may be administered by a trained medication employee as prescribed by a licensed practitioner pursuant to the program's protocol or procedures.

6111.2 The trained medication employee shall be trained by the supervisory registered nurse in the use of the program participant's anaphylaxis emergency kit prior to administering any treatment.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 9242 (October 31, 2003).

17 DCMR § 6112 ASSESSMENT TOOLS

6112.1 Each program shall develop guidelines to assess whether a program participant:

(a) Has the ability to self-administer his or her medications;

(b) Requires the prescribed medication to be administered by a trainedmedication employee; or

(c) Requires the prescribed medication to be administered by a licensed practical or registered nurse.

6112.2 The program shall monitor each program participant's ability to self-medicate as follows:

(a) A registered nurse shall annually review the program participant's ability to self-administer medication correctly and document the program participant's ability to continue self-medication in the participant's records.

(b) A trained medication employee shall review the program participant's ability to self-administer medication at least quarterly and document the program participant's ability to self-administer medication as prescribed.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 9242 (October 31, 2003).

17 DCMR § 6199 DEFINITIONS

6199.1 As used in this chapter, the following terms have the meanings ascribed:

Administer - (a) The direct application of medication to the human body whether by ingestion, inhalation, insertion, sublingual, or topical means; or (b) An injection of epipen or equivalent injection system for emergency purposes only.

Applicant - A person applying for certification as a trained medication employee under this chapter.

Board - The Board of Nursing as established by section 204 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Code § 2-3302.4).

Client or Consumer - A program participant who is the recipient of nursing care.

Direct supervision - supervision in which the supervising nurse is available to the trained medication employee on the premises and within vocal communication either directly or by a communication device.

General supervision - supervision in which the supervising nurse is available to the trained medication employee for consultation either in person or by a communication device, but need not be physically present on the premises at the time the actions are performed.

Licensed practitioner - An individual licensed in the District of Columbia pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Code § 2-3301.1 et seq.).

MAR - Medication Administration Record.

Medication - a controlled (excluding Classes I and II) or non-controlled substance or treatment regarded as effective in bringing about recovery, restoration of health, alleviation of pain or symptoms of an illness, or the normal functioning of the body.

Medication Administration Course - The assembled curriculum encompassing all phases of medication administration authorized under D.C. Code §§ 21-1201 through 21-1204, for the instruction of applicants seeking certification as trained medication employees.

Practicum - A demonstration by a trainee of the correct procedures to administer medications, including the preparation, physical administration, recordation and documentation of the medication process. The practicum shall also include a demonstration of knowledge of a program participant's rights, universal precautions, vital signs, and aseptic technique.

Program - An agency licensed, certified, or approved by the District government as a child care facility, private school, day program, community based residence, or other agency providing residential services, education, habilitation, vocational, or employment training services to individuals with mental retardation or other developmental disability.

Program participant - An individual with mental retardation or other developmental disability who is enrolled in or attending a public or private program.

Supervisory registered nurse - A District of Columbia licensed registered nurse that provides general supervision and review of a trained medication employee administering medications.

Trained medication employee - an individual employed to work in a program who has successfully completed a training program approved by the Board and is certified to administer medication to program participants.

History

• SOURCE: As amended by Final Rulemaking published at 48 DCR 2581 (March 23, 2001); as amended by Emergency Rulemaking published at 50 DCR 3071 (April 18, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 6464 (August 8, 2003) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 9242 (October 31, 2003).

17-62 NURSING HOME ADMINISTRATION

17 DCMR § 6200 GENERAL PROVISIONS

6200.1 This chapter shall apply to applicants for and holders of a license to practice nursing home administration.

6200.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 3774 (May 20, 1988). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6200

17 DCMR § 6201 TERM OF LICENSE

6201.1 Subject to § 6201.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of June 30 of each even-numbered year.

6201.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 3774 (May 20, 1988). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6201

17 DCMR § 6202 EDUCATIONAL REQUIREMENTS

6202.1 Except as otherwise provided in this chapter, an applicant shall furnish proof satisfactory to the Board, in accordance with § 504(f) of the District of Columbia Health Occupations Revision Act of 1985 (“Act”), effective March 25 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.04(f)) (2001), of the following:

(a) That the applicant has earned a baccalaureate degree from a four (4) year institution of higher education which was accredited, at the time the degree was conferred, by an accrediting body recognized by the Secretary of the United States Department of Education or the Council on Postsecondary Accreditation;

(b) That an applicant has completed the following courses:

(1) Accounting, three (3) credit hours;

(2) Human resources or personnel management, three (3) credit hours;

(3) Management, three (3) credit hours;

(4) Gerontology, three (3) credit hours;

(5) Health care law or health care ethics, three (3) credit hours; and

(6) Management of long term care institutions, three (3) credit hours; and

(c) That the applicant meets one of the following requirements:

(1) Has successfully completed an Administrator In Training (A.I.T.) program;

(2) Has worked for at least one (1) year during or after completion of the baccalaureate program in a nursing home licensed in the District under the general or immediate supervision of a nursing home administrator which work meets the requirements listed in § 6202.4, by submitting with the application a signed statement from each supervisor and preceptor, as required in § 6202.5; or

(3) Has earned a master's degree in a program accredited by the Accrediting Commission on Education for Health Services Administration (ACEHSA) which meets one of the following requirements:

(A) The program included an experiential component for a period of not less than six (6) months in a licensed nursing home; or

(B) The program was supplemented by employment in a licensed nursing home for six (6) months during or after completion of the master’s program, which employment was under the general or immediate supervision of a nursing home administrator, and which meets the requirements listed in § 6202.4(c), by submitting with the application a signed statement from each supervisor, as required in § 6202.5.

(d) That the applicant meets one of the following requirements:

(1) That the applicant has worked for at least one (1) year during or after completion of the baccalaureate program in a nursing home licensed in the District under the general or immediate supervision of a nursing home administrator, which work meets the requirements listed in § 6202.4, by submitting with the application a signed statement from each supervisor, as required in § 6202.5; or

(2) That the applicant has earned a master's degree in a program accredited by the Accrediting Commission on Education for Health Services Administration (ACEHSA) which meets one of the following requirements:

(A) The program included an experiential component in a licensed nursing home; or

(B) The program was supplemented by employment in a licensed nursing home for six (6) month during or after completion of the master's program, which employment was under the general or immediate supervision of a nursing home administrator, and which meets the requirements listed in § 6202.4, by submitting with the application a signed statement from each supervisor, as required in § 6202.5.

6202.2 An applicant shall submit to the Board with the completed application a certified transcript of the applicant's educational record(s), and when required by the Board, official course descriptions.

6202.3 Required courses shall be taken at an educational institution accredited by an accrediting body recognized by the Secretary of the United States Department of Education or the Council on Postsecondary Accreditation.

6202.4 The practical experience required by §§ 6202.1(c)(1) and 6202.1(c)(2) shall be as follows:

(a) Be rated as at least satisfactory by each supervisor and the preceptor;

(b) Include practice under general supervision averaging at least thirty-five (35) hours per week, two (2) hours per week of which shall be under immediate supervision; and

(c) Encompass all aspects of the practice of nursing home administration, including the following:

(1) Preparing and reviewing a budget encompassing all operations and contracting by the nursing home;

(2) Preparing a cost analysis of specific operational categories within the nursing home;

(3) Developing or reviewing Medicare and Medicaid cost reports;

(4) Reviewing all federal and District of Columbia laws relating to nursing homes, including reporting and filing requirements, residents' care, residents' rights, and pharmacy services;

(5) Participating in the daily operations of each operational unit within the nursing home, including the making of administrative rounds;

(6) Reviewing procedures for handling medical emergencies and emergencies involving fires and cut-offs of water, gas, and electricity;

(7) Bookkeeping and financial management;

(8) Procurement, including purchasing and contracting procedures and decisions;

(9) Personnel management, including the recruitment of employees and volunteers, review and revision of position descriptions, and development and application of performance standards;

(10) Public relations;

(11) Employees and volunteer training programs;

(12) Residents' care, including participation in the care of residents involved in daily activities;

(13) Therapeutic services, including physical, occupational, and speech therapy;

(14) Out-patient services available in the community;

(15) Reviewing transfer agreements;

(16) Generating and maintaining medical records;

(17) Engineering and maintenance functions;

(18) Housekeeping, including cleaning schedules, trash removal arrangements, and laundering;

(19) Nursing, medical, dental, podiatric, pharmacy, and laboratory services procedures;

(20) Food and nutrition services;

(21) Counseling and social work services;

(22) Recreation programs;

(23) Interaction with residents' council;

(24) Safety and accident prevention procedures and devices;

(25) Participation in the admission, transfer, and discharge of residents;

(26) The role and functions of the governing body;

(27) Evaluating the quality of resident care services;

(28) Reviewing the quality of resident care services; and

(29) Acquiring a knowledge of the residents' rights program.

(d) If the applicant demonstrates by education or professional experience that any portion or all of the practice experience required under § 6202.1(c) has been met, the Board, in its discretion, may approve up to one thousand (1000) hours of practical credits toward the Administrator In Training Program (A.I.T.). The Board may award credit for prior experience if the experience was received within the immediately preceding five (5) years and in one (1) of the following areas:

(1) Assistant administrator in a hospital;

(2) Hospital administrator;

(3) Assistant administrator or a department head in a licensed nursing home;

(4) Nursing home administrator licensed in another state;

(5) Resident or intern in a program offered by an accredited college or university for the purpose of satisfying the requirements for a baccalaureate or master’s degree in health care administration;

(6) An A.I.T. program in another state, if the program is substantially comparable to the A.I.T. program in the District of Columbia, as determined by the Board, and the individual successfully completed the program;

(7) Executive director of a continuing care retirement community;

(8) Assisted living manager;

(9) Health-care-related senior management official; or

(10) Non-health-care-related senior management official.

6202.5 An applicant under § 6202.1(c)(1) or § 6202.1(c)(2) shall demonstrate the required experience by submitting with the application a signed statement from each supervisor and preceptor during the required period of experience, on a form approved by the Board, which sets forth the following:

(a) The location at which and period of time during which the supervision took place;

(b) The hours of general supervision of the applicant;

(c) The hours of immediate supervision of the applicant;

(d) The specific nature of and responsibilities included in the applicant's practice;

(e) A rating of the applicant's performance; and

(f) The preceptor's license number in the District of Columbia or other jurisdiction in which the supervision took place.

(g) Proof satisfactory to the Board that the applicant has received the required degree from a foreign institution that was accredited, at the time the degree was conferred, by an accrediting body recognized by the national government of the country in which the institution is located; or

(h) A certification from a private education evaluation service approved by the Board that the applicant's foreign education is substantially equivalent to the education required by this chapter.

6202.6 Supervised practice which violates the Act or this chapter shall not be acceptable experience.

6202.7 A person who is required to complete an A.I.T. program shall submit an application for the program. The application shall be on a form provided by the Board.

6202.8 The Board may approve an application for an A.I.T. program if it determines that the application contains satisfactory evidence that:

(a) The background and circumstances of the applicant and preceptor, or preceptors, qualify them for the A.I.T. program;

(b) The applicant is at least eighteen (18) years old;

(c) The applicant is of good moral character;

(d) The applicant’s training will be supervised by a preceptor approved by the Board; and

(e) The A.I.T. program meets all the other requirements of this section.

6202.9 The Board shall issue an approval specifying the length of time of the A.I.T.

6202.10 The A.I.T. candidate or preceptor may request a meeting with the Board at the mid-point of the A.I.T. program.

6202.11 A preceptor for an A.I.T. program may not be responsible for more than two (2) A.I.T.s at any one time.

6202.12 If an A.I.T. candidate does not meet all of the requirements for licensure after completing the A.I.T. program, the preceptor and candidate may request the Board allow the candidate and preceptor to work out a plan satisfactory to the Board to continue the A.I.T. program beyond the time originally specified until all the requirements are met.

History

• SOURCE: Final Rulemaking published at 35 DCR 3774 (May 20, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2752 (May 4, 1990); as amended by Final Rulemaking published at 51 DCR 10622 (November 19, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 9400 (November 4, 2011).

17 DCMR § 6203 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

6203.1 The Board may grant a license to practice nursing home administration to an applicant who completed an educational program in a foreign country, which program is not accredited in accordance with § 6202.1(a), if the applicant meets the following requirements:

(a) Meets all requirements of this chapter except for § 6202.1(a); and

(b) Demonstrates to the satisfaction of the Board that the applicant's education and training are substantially equivalent to the requirements of this subtitle and the Act in ensuring that the applicant is qualified to practice nursing home administration, by submitting the documentation required by § 6203.2.

6203.2 An applicant under this section shall, in lieu of meeting the educational accreditation requirement of § 6202.1(a), submit one of the following:

(a) Proof satisfactory to the Board that the applicant has received the required degree from a foreign institution that was accredited, at the time the degree was conferred, by an accrediting body recognized by the national government of the country in which the institution is located; or

(b) A certification from a private education evaluation service approved by the Board that the applicant's foreign education is substantially equivalent to the education required by this chapter.

6203.3 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 35 DCR 3774 (May 20, 1988). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6203

17 DCMR § 6204 NATIONAL EXAMINATION

6204.1 To qualify for a license by examination, an applicant shall receive a passing score on the licensing examination sponsored by the National Association of Boards of Examiners for Nursing Home Administrators (NABENHA) (the national examination).

6204.2 An applicant shall not be eligible to take the national examination until all requirements for a license other than the requirements of § 6205 are met.

6204.3 An applicant shall arrange for his or her examination results, which have been certified or validated by NABENHA, to be sent directly to the Board.

6204.4 The passing score on the national examination shall be one hundred thirteen (113).

6204.5 An applicant who has passed the national examination more than five (5) years prior to the application date, but who does not qualify for a license by reciprocity, shall not be required to retake the examination if the applicant demonstrates to the satisfaction of the Board that the applicant has been continuously licensed and practicing as a nursing home administrator in the United States since the date the applicant passed the examination.

6204.5 An applicant under this section who fails the national examination on three (3) consecutive attempts shall not be permitted to take another national examination for one (1) year following the third failure. Thereafter, the applicant shall not be permitted to take the national examination for one (1) year after each failure.

History

• SOURCE: Final Rulemaking published at 35 DCR 3774 (May 20, 1988); as amended by Final Rulemaking published at 37 DCR 2747 (May 4, 1990); as amended by Final Rulemaking published at 51 DCR 10622 (November 19, 2004). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6204

17 DCMR § 6205 DISTRICT EXAMINATION

6205.1 To qualify for licensure, an applicant shall receive a passing score of seventy-five percent (75%) on the written examination developed by the Board on laws and rules pertaining to the practice of nursing home administration (the District examination) and shall sit for an interview with the Board.

6205.2 The Board shall administer the District examination and conduct interviews at least once every quarter.

6205.3 An applicant shall not be eligible to take the District examination or sit for an interview until all other requirements for a license are met.

6205.4 The District examination may include, but is not limited, to, questions on the following subjects:

(a) Grounds for disciplinary action set forth in § 514 of the Act, (D.C. Official Code § 3-1205.14) (2001 ed.);

(b) The Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983 (D.C. Official Code §§ 44-501 et seq. (2001 ed.)); the District of Columbia Long Term Care Ombudsman Program Act of 1988 (D.C. Official Code §§ 7-701.01 et seq. (2001 ed.)); rules promulgated pursuant to the Act; rules governing nursing facilities care in the District of Columbia as set forth in 17 DCMR Chapters 19, 23, 30, 31, and 62, and, 22 DCMR Chapter 32; and the District of Columbia Health Occupations Revision Act of 1985 (D.C. Official Code §§ 3-1201.01 et seq. (2001 ed.)).

6205.5 An applicant who fails the District examination on three (3) consecutive attempts shall not be permitted to retake the examination for six (6) months following the third failure. Thereafter, the applicant shall not be permitted to retake the District examination for one (1) year after each failure.

6205.6 The interview may include oral questions from Board members regarding the applicant's past and present experience relating to the practice of nursing home administration.

6205.7 The Board shall not deny an applicant a license on the basis of an interview unless statements by the applicant at the interview indicate that the applicant has violated or does not qualify under the Act or this subtitle.

History

• SOURCE: Final Rulemaking published at 35 DCR 3774 (May 20, 1988); as amended by Final Rulemaking published at 51 DCR 10622 (November 19, 2004). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6205

17 DCMR § 6206 CONTINUING EDUCATION REQUIREMENTS

6206.1 Subject to § 6206.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a license.

6206.2 This section shall not apply to applicants for an initial license; nor shall it apply to applicants for the first renewal of a license after the initial grant.

6206.3 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 6207.

6206.4 To qualify for the renewal of a license, an applicant shall have completed, during the two (2)-year period preceding the date the license expires, forty (40) hours of approved continuing education credit, which shall include:

(a) At least ten (10) hours of the required forty (40) hours shall have been in one (1) or more of the following areas:

(1) Staff management;

(2) Continuity in assigning the same nursing staff to the same residents as often as practicable;

(3) Creating a resident-centered environment;

(4) Activities of daily living and instrumental activities of daily living;

(5) Wound care;

(6) Pain management;

(7) Prevention and treatment of depression;

(8) Prevention of pressure ulcers;

(9) Urinary incontinence management;

(10) Discharge planning and community transitioning;

(11) Fall prevention;

(12) Geriatric social services and individual competency; or

(13) Behavior management;

(b) An applicant seeking to renew his or her license on or after June 30, 2018 shall also have completed two (2) hours of LGBTQ continuing education; and

(c) At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

6206.5 To qualify for a license, a person in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11) (2016 Repl.) who submits an application to reactivate a license shall submit proof of having completed twenty (20) hours of approved continuing education credit for each year after June 30, 2003 that the applicant was not actively licensed, up to a maximum of one hundred (100) hours. At least twenty (20) hours of approved continuing education credit shall have been completed in the one (1)-year period prior to the application date and ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

6206.6 To qualify for a license, an applicant for reinstatement of a license shall submit proof of having completed twenty (20) hours of approved continuing education credit for each year after June 30, 2003 that the applicant was not licensed, up to a maximum of one hundred (100) hours. At least twenty (20) hours of approved continuing education credit shall have been completed in the one (1)-year period prior to the application date and ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

6206.7 An applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion, by signature or stamp, after which time continuing education credit will be granted.

6206.8 The Board may periodically conduct a random audit of licensees to determine compliance with the continuing education requirement.

6206.9 A licensee who is selected to participate in the Board’s continuing education audit shall, within thirty (30) days after being deemed served notice of the selection, submit proof pursuant to § 6206.7 of having completed the required approved continuing education credits during the two (2)-year period immediately preceding the date the license expires.

History

• SOURCE: Final Rulemaking published at 35 DCR 3774, 3781 (May 20, 1988); as amended by Final Rulemaking published at 51 DCR 10622 (November 19, 2004); as amended by Final Rulemaking published at 58 DCR 9400, 9402 (November 4, 2011); as amended by Final Rulemaking published at 64 DCR 8242 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 10210 (August 9, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6206

17 DCMR § 6207 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

6207.1 The Board may, in its discretion, approve continuing education programs and activities that contribute to the growth of an applicant in professional competence in the practice of nursing home administration and which meet the other requirements of this section.

6207.2 The Board may approve the following types of continuing education programs, if the program meets the requirements of § 6207.3:

(a) An undergraduate or graduate course given at an accredited college or university;

(b) A seminar or workshop; and

(c) An educational program given at a conference.

6207.3 To qualify for approval by the Board, a continuing education program shall do the following:

(a) Be current in its subject matter;

(b) Be developed and taught by qualified individuals; and

(c) Meet one of the following requirements:

(1) Be administered or approved by an organization, educational institution, or health care facility approved by the Board; or

(2) Be submitted by the program sponsors to the Board for review no less than thirty (30) days prior to the date of the presentation and be approved by the Board.

6207.4 The Board may issue and update a list of approved continuing education programs, organizations, educational institutions, or health care facilities.

6207.5 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

6207.6 The Board may approve the following continuing education activities by an applicant:

(a) Serving as an instructor or speaker at an approved continuing education program; or

(b) Publishing a book or a chapter in a book or publishing a book review, article, or abstract in a professional journal or bulletin.

6207.7 The Board may grant continuing education credit to a person who serves as a preceptor for an A.I.T. program under § 6202.8.

History

• SOURCE: Final Rulemaking published at 35 DCR 3774, 3783 (May 20, 1988); as amended by Final Rulemaking published at 51 DCR 10628 (November 19, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 9400, 9403 (November 4, 2011).

17 DCMR § 6208 CONTINUING EDUCATION CREDITS

6208.1 The Board may grant continuing education for approved educational activities with sixty (60) minutes constituting one (1) credit hour.

6208.2 For approved undergraduate or graduate courses, each semester hour of credit shall constitute fifteen (15) hours of continuing education credit, and each quarter hour of credit shall constitute ten (10) hours of continuing education credit.

6208.3 A minimum of fifty percent (50%) of an applicant's continuing education requirement shall be fulfilled by completing continuing education programs under §§ 6207.2(b) or (seminars or workshops, or educational programs given at conferences).

6208.4 The Board may grant continuing education credit to an applicant who serves as an instructor or speaker at an approved program for preparation and presentation time, subject to the following restrictions:

(a) The maximum amount of credit that may be granted for preparation time shall be equal to the amount of the associated presentation time;

(b) If an applicant has previously received credit in connection with a particular presentation, the Board shall not grant credit in connection with a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject; and

(c) The presentation shall have been completed during the period for which credit is claimed.

6208.5 The Board may grant continuing education credit under § 6207.6(b) only if the applicant proves to the satisfaction of the Board that the work has been published or accepted for publication during the period for which credit is claimed.

6208.6 The Board may in its discretion grant up to twenty (20) hours of continuing education credit under § 6207.7.

6208.7 The Board may audit a percentage of the number of licensees to determine compliance with the Board’s continuing education requirements. The percentage to be audited shall be at the Board’s discretion. A licensee required to submit proof of completion of continuing education credits pursuant to a Board audit shall submit such proof within thirty (30) days after receipt of the Board’s request.

History

• SOURCE: Final Rulemaking published at 35 DCR 3774, 3784 (May 20, 1988); as amended by Final Rulemaking published at 51 DCR 10628 (November 19, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 9400, 9403 (November 4, 2011).

17 DCMR § 6209 LICENSURE BY RECIPROCITY

6209.1 The Board may issue a license to an applicant who:

(a) Is currently licensed and in good standing under the laws of another state with standards which are substantially equivalent to the requirements of the District of Columbia laws and regulations;

(b) Has at least three (3) years of current practice as a nursing home administrator;

(c) Has passed the District examination;

(d) Is licensed in a state which admits health professionals in a like manner to the District of Columbia;

(e) Is licensed in a state that has an agreement between the state and the District's Board;

(f) Pays the applicable fees established by the Mayor;

(g) Has been interviewed by the Board regarding the applicant's past and present experience relating to the practice of nursing home administration; and

(h) Has forwarded to the Board at least three (3) letters of recommendation by persons who can attest to the applicant's qualifications as they pertain to the practice of nursing home administration.

History

• SOURCE: Final Rulemaking published at 35 DCR 3774 (May 20, 1988); as amended by Final Rulemaking published at 51 DCR 10622 (November 19, 2004). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6209

17 DCMR § 6210 LICENSURE BY ENDORSEMENT

6210.1 The Board may issue a license to an applicant who:

(a) Is currently licensed and in good standing under the laws of another state with standards which are substantially equivalent to the requirements of the District of Columbia laws and regulations;

(b) Has at least three (3) years of current practice as a nursing home administrator;

(c) Has passed the District examination; and

(d) Has forwarded to the Board at least (3) letters of recommendation by persons who can attest to the applicant's qualifications as they pertain to the practice of nursing home administration.

History

• SOURCE: Final Rulemaking published at 35 DCR 3774 (May 20, 1988); as amended by Final Rulemaking published at 51 DCR 10622 (November 19, 2004). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6210

17 DCMR § 6211 PRACTICE OF NURSING HOME ADMINISTRATION BY STUDENTS AND GRADUATES

6211.1 A student or graduate may practice nursing home administration only under the general or immediate supervision of a nursing home administrator in accordance with this section.

6211.2 Only the following persons shall be authorized to practice under this section:

(a) Students whose practice fulfills educational requirements under § 103(c) of the Act (D.C. Official Code § 3-1201.03 (2001 ed.)) and § 6202 of this chapter;

(b) Students whose practice is not in fulfillment of educational requirements; Provided, that the student shall arrange for submission of a letter from the student's educational institution to the Board which certifies that the student is actively completing an educational program pursuant to § 6202.1 and that the institution has no objection to the student's practice; and

(c) Graduates fulfilling experience requirement under § 504(f)(1)(B) of the Act (D.C. Official Code § 3-1205.04(f)(1)(B) (2001 ed.)) and § 6202 of this chapter, or during the pendency of the graduate's initial application for a license under this chapter.

6211.3 A person who has been denied a license, has been disciplined, or who is the subject of a pending denial or disciplinary action, in the District of Columbia or another jurisdiction, may not practice pursuant to this section unless authorized by the Board in writing to do so.

6211.4 A supervisor shall, within two (2) weeks of supervising a student or graduate, inform the Board in writing of the following:

(a) The supervisor's name and address;

(b) The student or graduate's name;

(c) The expected period of supervision; and

(d) The nature and location of the practice of the student or graduate.

6211.5 A student or graduate shall, within two (2) weeks of practicing pursuant to this section, inform the Board in writing of the following:

(a) The supervisee's name and address;

(b) The supervisor's name;

(c) The expected period of supervision;

(d) The nature and location of the practice of the student or graduate; and

(e) The jurisdictions in which the supervisee is licensed, if any.

6211.6 A student or graduate shall wear a badge which identifies himself or herself as a student or graduate to a resident before performing actions of a nursing home administrator.

6211.7 At least eight (8) hours of supervised practice during any one (1) month period shall be under immediate supervision.

6211.8 A graduate may not practice under this section for more than eighteen (18) months unless such practice is during the pendency of an initial application by the student or graduate for a license under this chapter. However, the Board, in its discretion, may extend the eighteen (18) month limit for good cause shown.

6211.9 A student or graduate shall not receive compensation of any nature, directly or indirectly, from a resident, except a salary based on hours worked under supervision.

6211.10 A supervisor shall be fully responsible for all supervised practice by a student or graduate during the period of supervision and is subject to disciplinary action pursuant to § 514 of the Act (D.C. Official Code § 3-1205.14 (2001 ed.) for any violation of the Act or this chapter by the student or graduate.

6211.11 A student or graduate shall be subject to all of the applicable provisions of the Act and this subtitle.

6211.12 The Board may deny authorization to practice pursuant to this section, deny a license, or take other disciplinary action against a student or graduate who is found to have violated the Act or this subtitle, in accordance with Chapter 41 of this title.

History

• SOURCE: Final Rulemaking published at 35 DCR 3774 (May 20, 1988); as amended by Final Rulemaking published at 51 DCR 10622 (November 19, 2004). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6211

17 DCMR § 6212 CODE OF PROFESSIONAL CONDUCT

6212.1 A licensee licensed under this chapter, an Administrator-in-Training Program (A.I.T.), or a student or graduate authorized to practice nursing home administration pursuant to 17 DCMR § 6211 shall adhere to the standards set forth in the “Code of Ethics” as published by the American College of Health Care Administrators.

History

• SOURCE: Final Rulemaking published at 51 DCR 10630 (November 19, 2004); as amended by Final Rulemaking published at 60 DCR 13385 (September 27, 2013).

17 DCMR § 6299 DEFINITIONS

6299.1 As used in this chapter, the following terms have the meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code §§ 3-1201 et seq. (2016 Repl.)).

A.I.T. - a person enrolled in a board-approved Administrator In Training program in a licensed nursing facility under a licensed nursing home administrator preceptor.

Board - the Board of Nursing Home Administration, established by § 205 of the Act (D.C. Official Code § 3-1202.05) (2001 ed.).

Director – The Director of the Department of Health, or the Director’s designee.

LGBTQ continuing education - continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

NABENHA - the National Association of Boards of Examiners for Nursing Home Administrators.

Preceptor - a licensed nursing home administrator with at least three (3) years of experience who is approved by the Board to serve as a preceptor.

Supervisor - A licensed nursing home administrator (LNHA), person designated by the administrator, assistant nursing home administrator, or department head who has a defining role pursuant to § 6202.4 of this chapter.

6299.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and apply to this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 3774, 3787 (May 20, 1988); as amended by Final Rulemaking published at 51 DCR 10622 (November 19, 2004); as amended by Final Rulemaking published 58 DCR 9400, 9403 (November 4, 2011); as amended by Final Rulemaking published at 60 DCR 13385 (September 27, 2013); as amended by Final Rulemaking published at 64 DCR 8242 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 10210 (August 9, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6299

17-63 OCCUPATIONAL THERAPY

17 DCMR § 6300 GENERAL PROVISIONS

6300.1 This chapter shall apply to applicants for and holders of a license to practice as an occupational therapist or occupational therapy assistant.

6300.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 73 (Occupational Therapy Assistants) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 936 (February 12, 1988); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6300

17 DCMR § 6301 TERM OF LICENSE

6301.1 Subject to § 6301.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of September 30 of each odd-numbered year.

6301.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 936 (February 12, 1988). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6301

17 DCMR § 6302 EDUCATIONAL AND TRAINING REQUIREMENTS

6302.1 Except as otherwise provided in this chapter, an applicant for a license to practice occupational therapy shall furnish proof satisfactory to the Board, in accordance with § 504(g)(1) of the Act, D.C. Official Code § 3-1205.04(g)(1), that the applicant has done the following:

(a) Successfully completed an educational program for occupational therapists that is accredited by the Accreditation Council for Occupational Therapy Education (ACOTE); and

(b) Successfully completed a period of supervised fieldwork experience required by the recognized educational institution where the applicant fulfilled his or her academic requirements.

History

• SOURCE: Final Rulemaking published at 35 DCR 936 (February 12, 1988); as amended by Final Rulemaking published at 36 DCR 1059 (February 3, 1989); as amended by Final Rulemaking published at 37 DCR 2747, 2753 (May 4, 1990); as amended by Final Rulemaking published at 53 DCR 4551 (June 9, 2006); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6302

17 DCMR § 6303 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

6303.1 The Board may grant a license to practice to an applicant who has his or her exam scores submitted from the National Board for Certification in Occupational Therapy (NBCOT) to the Board and who has completed an educational program in a foreign country whose program is approved by the World Federation of Occupational Therapists.

6303.2 The applicant shall be currently certified by the National Board for Certification in Occupational Therapy (NBCOT).

6303.3 In lieu of meeting the requirements of § 6302.1(a) an applicant for licensure as an occupational therapist shall submit evidence of successful completion of the occupational therapy certification examination developed by NBCOT for occupational therapists, to the Board.

6303.4 An applicant shall arrange for the verification of the certification required by § 6303.2 to be sent directly from NBCOT to the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 936, 937 (February 12, 1988), as amended by Final Rulemaking published at 36 DCR 1059 (February 3, 1989); as amended by Final Rulemaking published at 53 DCR 4551 (June 9, 2006); as amended by Final Rulemaking published at 59 DCR 3133 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6303

17 DCMR § 6304 NATIONAL EXAMINATION

6304.1 To qualify for licensure as an occupational therapist or occupation therapy assistant, the applicant shall pass the certification examination as developed by the NBCOT.

6304.2 The passing score on the national examinations shall be the passing score established by NBCOT.

6304.3 An applicant shall submit a completed application to the Board and arrange for examination results to be sent by NBCOT, directly to the Board.

6304.4 An applicant who is working under a supervised practice letter and who has failed the national examination shall immediately cease working as an occupational therapist or occupational therapy assistant.

History

• SOURCE: Final Rulemaking published at 35 DCR 936, 938 (February 12, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2753 (May 4, 1990); as amended by Final Rulemaking published at 53 DCR 4551 (June 9, 2006); as amended by Final Rulemaking published at 55 DCR 2598 (March 14, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 3133, 3134 (April 20, 2012).

17 DCMR § 6305 SCOPE OF PRACTICE FOR OCCUPATIONAL THERAPISTS

6305.1 An occupational therapist shall exercise sound judgment and provide adequate care within the practice when using methods that include but are not exclusive of the following American Occupational Therapy Association (AOTA) standards for the scope of practice:

(a) Establishment, remediation or restoration of skill or ability in a client;

(b) Compensation, modification, or adaptation of activity or environment to enhance performance;

(c) Maintenance and enhancement of capabilities without which performance in everyday life would decline;

(d) Health and wellness promotion to enable or enhance performance in everyday life activities; and

(e) Prevention of barriers to performance, including disability prevention.

6305.2 An occupational therapist shall exercise sound judgment when evaluating factors affecting activities of daily living, instrumental activities of daily living, education, work, play, leisure, and social participation. These factors may include:

(a) Body functions and body structures;

(b) Habits, routines, roles, and behavior patterns;

(c) Cultural, physical, environmental, social, and spiritual contexts and activity demands that affect performance; and

(d) Performance skills including motor, process, and communication or interaction skills.

6305.3 An occupational therapist shall exercise sound judgment and provide adequate care to a client when administering interventions and procedures to promote or enhance safety and performance in activities of daily living, instrumental activities of daily living, education, work, play, leisure, and social participation, which may include the following:

(a) Therapeutic use of occupations, exercises, and activities;

(b) Training in self-care, self-management, home management, and community work reintegration;

(c) Development, remediation, or compensation of physical, cognitive, neuromuscular, sensory functions, and behavioral skills;

(d) Therapeutic use of self including one's personality, insights, perceptions, and judgments as part of the therapeutic process;

(e) Education and training of individuals, involved in the care of the client;

(f) Care coordination, case management, and transition services;

(g) Consultative services to groups, programs, organizations, or communities;

(h) Modification of environments and adaptation of processes, including the application of ergonomic principles;

(i) Assessment, design, fabrication, application, fitting and training in assistive technology, adaptive devices and orthotic devices, and training in the use of prosthetic devices;

(j) Assessment, recommendation, and training in techniques to enhance mobility including wheelchair management;

(k) Driver rehabilitation and community mobility;

(l) Management of feeding, eating, and swallowing to enable eating and feeding performance; and

(m) Application of physical agent modalities, and use of a range of specific therapeutic procedures to enhance performance skills.

History

• SOURCE: Final Rulemaking published at 53 DCR 4551 (June 9, 2006). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6305

17 DCMR § 6306 CONTINUING EDUCATION REQUIREMENTS

6306.1 This section shall not apply to applicants for an initial license by examination, reciprocity, or endorsement, nor shall it apply to applicants for the first renewal of a license granted by examination.

6306.2 A continuing education contact hour shall be valid only if it is part of a program or activity that the Board approves in accordance with §§ 6307 and 6308.

6306.3 An applicant for license renewal shall complete a minimum of twenty-four (24) contact hours of approved continuing education in accordance with §§ 6307 and 6308 during the two (2)-year period preceding the date the license expires and ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate. Beginning with the licensure term starting on October 1, 2017, the continuing education required in this section shall include two (2) hours of LGBTQ continuing education.

6306.4 The Board may require proof of completion of the required continuing education. Such proof shall include the following information:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the licensee attended the program;

(d) The number of contact hours claimed;

(e) Verification by the sponsor of the licensee’s completion, by signature or stamp of the sponsor; and

(f) The name of the licensee completing the program.

6306.5 If the license of an occupational therapist expires while serving in the military whenever the United States is engaged in active military operations against any foreign power or hostile force, and the required continuing education hours were not earned during the earning period, the licensee shall be required to complete the required continuing education hours needed no later than six (6) months after discharge from active service, return to inactive military status, or return to the United States from an active war zone.

6306.6 The continuing education contact hours completed to satisfy the requirement of § 6306.5 shall not be counted toward meeting the continuing education requirement for the next licensing period.

6306.7 The credits received for each approved continuing education program shall be applied in full toward meeting the continuing education requirements for each renewal period. The proration of continuing education credits over more than one (1) renewal cycle shall not be allowed.

6306.8 A licensee who is licensed to practice in a jurisdiction other than the District shall meet the requirements of this section in order to be eligible for license renewal in the District.

History

• SOURCE: Final Rulemaking published at 35 DCR 936, 939 (February 12, 1988); as amended by Final Rulemaking published at 53 DCR 4551 (June 9, 2006); as amended by Final Rulemaking published at 59 DCR 3133, 3134 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014); as amended by Final Rulemaking published at 64 DCR 8245 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 7941 (July 5, 2019). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6306

17 DCMR § 6307 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

6307.1 The Board may, at its discretion, approve continuing education programs and activities that contribute to the professional competence in the practice of occupational therapy and meet the other requirements of this section.

6307.2 The Board shall approve continuing education programs and activities that are relevant to the practice or education of occupational therapists and occupational therapy assistants that document the following:

(a) Current subject matter with course description;

(b) Content focus;

(c) Learning outcomes;

(d) Target audience;

(e) Satisfactory completion of the course by the course participant; and

(f) The number of contact hours or continuing education units.

6307.3 The Board may approve the following types of activities provided that they are consistent with the requirements of this chapter:

(a) Activities sponsored by the state or local occupational therapy organizations;

(b) Activities sponsored by the American Occupational Therapy Association (AOTA), the American Physical Therapy Association (APTA), the American Speech-Language-Hearing Association (ASHA), and the American Society of Hand Therapists (ASHT);

(c) Activities sponsored by AOTA approved providers;

(d) Activities sponsored by an accredited healthcare facility; or

(e) Activities sponsored by an accredited college or university.

6307.4 The following activities shall not meet the requirement of § 6307.1 and may not be approved as continuing education required under this chapter:

Mandatory non-clinical in-service competency or education programs including, but not limited to, Basic Cardiac Life Support (BCLS) or Cardiopulmonary Resuscitation (CPR), first aid, infection control, emergency preparedness, or documentation update; and

Mandatory organization-specific trainings or programs required as part of job performance or development.

6307.5 The Board may grant continuing education credits for the following activities:

Serving as an author of self-study article or series;

Serving as an instructor or speaker at a conference program or an academic course;

Serving as an instructor at a peer-reviewed or non-peer-reviewed seminar, workshop, or in-service training, whether in-person or web-based;

Serving as supervisor for persons authorized to practice pursuant to § 6317.2;

Serving as a clinical instructor for students of occupational therapy or students of any other health occupation;

Authoring or editing a published book, a published chapter in a book, or a published article in a professional journal or other nationally recognized publication;

Participating as a primary clinical fieldwork educator for Level I or Level II fieldwork;

Participating in board or committee work in connection with an agency or a non-profit organization whose mission is to promote and enhance the practice of occupational therapy; or

Participating in research as a principal investigator or research assistant.

6307.6 The licensee shall bear the burden of establishing to the Board’s satisfaction that any supervisory activities, professional volunteer activities, or services as an instructor, speaker, publisher or editor are eligible for continuing education credit and approval in accordance with § 6307.1.

History

• SOURCE: Final Rulemaking published at 35 DCR 938, 941 (February 12, 1988); as amended by Final Rulemaking published at 53 DCR 4551 (June 9, 2006); as amended by Final Rulemaking published at 59 DCR 3133, 3136 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6307

17 DCMR § 6308 CONTINUING EDUCATION CREDITS

6308.1 One (1) contact hour of continuing education shall consist of at least fifty (50) minutes of learning time.

6308.2 For approved undergraduate or graduate courses, each semester hour of credit shall constitute fifteen (15) contact hours of continuing education, and each quarter hour of credit shall constitute ten (10) contact hours of continuing education.

6308.3 The Board may grant continuing education credit for the activities described in § 6307.5(a), (b), or (c) subject to the following restrictions:

(a) The maximum amount of credit which may be granted for preparation time is twice the amount of the associated presentation time or twice the amount of contact hours awarded for participants;

(b) The maximum amount of credit which may be granted pursuant to this subsection is fifty percent (50%) of an applicant's continuing education requirement;

(c) If an applicant had previously received credit in connection with a particular presentation, the Board shall not grant credit in connection with a subsequent presentation unless it involves either a different or a substantially modified program; and

(d) The presentation shall have been completed during the period for which credit is claimed and includes documentation of the following:

(1) A copy of the official program or syllabus;

(2) The presentation title;

(3) The date of the presentation;

(4) The hours of the presentation;

(5) The type of audience addressed; and

(6) A verification of attendance signed by the sponsor.

6308.4 The Board may grant up to six (6) contact hours per renewal period for the activities described in § 6307.5(d). The supervisor shall submit a copy of the supervised practice letter to receive continuing education contact hours.

6308.5 The Board may grant one (1) continuing education contact hour for each hour of clinical instruction, up to a maximum of eight (8) contact hours per renewal period for the activities described in § 6307.5(e), with the following documentation:

Name of student as verified by the school;

Name of the school;

Dates and duration of instruction; and

Signature of the program director.

6308.6 The Board may grant up to six (6) continuing education contact hours per renewal period for the activities described in § 6307.5(f), if the book, chapter, or article was published or accepted for publication during the period for which credit is claimed, and satisfactory proof is submitted to the Board.

6308.7 The Board may grant up to six (6) contact hours per renewal period for the activities described in § 6307.5(g), with the following documentation:

(a) Name of student as verified by the school;

(b) Name of the school;

(c) Dates of the fieldwork; and

(d) Signature page of student evaluation excluding evaluation scores and comments on student.

6308.8 The Board may grant up to three (3) continuing education contact hours to an applicant under this section who has successfully completed a course on management which is directly related to occupational therapy.

6308.9 The Board may grant up to three (3) continuing education contact hours for the activities described in § 6307.5(h), provided that such participation totaled no less than eighteen (18) hours during a renewal period. The applicant shall provide the following documentation:

(a) Name of the committee, board, agency or organization;

(b) Purpose for service;

(c) Description of duties and roles; and

(d) Validation of service by an officer or representative of the organization.

6308.10 The Board may grant up to six (6) contact hours for the activities described in § 6307.5(i), provided that such participation is sufficiently documented.

6308.11 The Board may require proof of a licensee's completion of continuing education at the completion of a renewal period. A licensee shall:

(a) Maintain the required proof of completion for each continuing competence activity as specified in these regulations; and

(b) Retain documentation of a continuing competence activity for a minimum of two (2) years following the last day of the license renewal period for which the continuing competence activity was completed.

History

• SOURCE: Final Rulemaking published at 35 DCR 937, 942 (February 12, 1988); as amended by Final Rulemaking published at 53 DCR 4551 (June 9, 2006); as amended by Final Rulemaking published at 59 DCR 3133, 3137 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014); as amended by Final Rulemaking published at 64 DCR 8245 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6308

17 DCMR § 6309 REACTIVATION

6309.1 The requirements of this section shall apply to licensees under this chapter who have been in inactive status and seeks reactivation of their license in accordance with § 511 of the Act, D.C. Official Code § 3-1205.11.

6309.2 A reactivation applicant whose license has been inactive five (5) years or less who does not hold a license in any other jurisdiction shall complete twelve (12) contact hours of approved continuing education for each year that the applicant was not licensed, up to a maximum of sixty (60) hours, providing further that, regardless of the total number of continuing education hours required, two (2) of the required hours shall be LGBTQ continuing education. Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

6309.3 A reactivation application whose license has been inactive for more than 5 (five) years and who does not hold an active license in any other jurisdiction shall complete:

(a) Twelve (12) contact hours of approved continuing education for each year that the applicant was not licensed, up to a maximum of sixty (60) hours, provided that ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate. Additionally, twenty-four (24) of the required contact hours shall have been completed within two (2) years prior to the date the application is submitted and two (2) of the total hours required shall be LGBTQ continuing education; and

(b) One hundred sixty (160) hours of supervised clinical training by a licensed occupational therapist within the two (2) months prior to the date the application is submitted.

6309.4 An applicant for reactivation of an occupational therapy license who holds an active license in any other jurisdiction shall not be required to submit proof of continuing education contact hours with the application.

History

• SOURCE: Final Rulemaking published at 53 DCR 4551 (June 9, 2006); as amended by Final Rulemaking published at 59 DCR 3133, 3137 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014); as amended by Final Rulemaking published at 64 DCR 8245 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 7941 (July 5, 2019). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6309

17 DCMR § 6310 REINSTATEMENT

6310.1 The requirements of this section shall apply to persons with expired licenses who seek reinstatement within five (5) years in accordance with § 512(a) of the Act, D.C. Official Code § 3-1205.12(a).

6310.2 A person may not apply for reinstatement if his or her license has expired for more than five (5) years.

6310.3 A reinstatement applicant who holds an active license in any other jurisdiction shall complete twelve (12) contact hours of approved continuing education for each year that the applicant was not licensed in the District, up to a maximum of sixty (60) hours, provided that ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate. Additionally, twenty-four (24) contact hours must have been completed within two (2) years prior to the date the application is submitted and two (2) of the total hours required shall be LGBTQ continuing education.

6310.4 A reinstatement applicant who does not hold an active license in any jurisdiction shall submit proof of having completed the following:

(a) Twelve (12) contact hours of approved continuing education program for each year that the applicant was not licensed up to a maximum of sixty (60) hours, provided that ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate. Additionally, twenty-four (24) contact hours shall have been completed within two (2) years prior to the date the application is submitted and two (2) of the total hours required shall be LGBTQ continuing education; and

(b) One hundred sixty (160) hours of supervised clinical training by a licensed occupational therapist within two (2) months prior to the date the application is submitted.

History

• SOURCE: Final Rulemaking published at 53 DCR 4551 (June 9, 2006); as amended by Final Rulemaking published at 59 DCR 3133, 3137 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014); as amended by Final Rulemaking published at 64 DCR 8245 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 7941 (July 5, 2019). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6310

17 DCMR § 6311 ENDORSEMENT

6311.1 The Board shall issue a license by endorsement to an applicant for licensure who has a valid unrestricted license in good standing from another jurisdiction of the United States and who meets all other requirements of this section.

6311.2 An applicant for licensure as an occupational therapist by endorsement shall submit with a completed application the following:

(a) Official, certified proof of active licensure in at least one (1) jurisdiction;

(b) Proof of good standing from all jurisdictions in which the occupational therapist ever held a license in the United States;

(c) Official, certified proof from NBCOT that the applicant has passed the NBCOT examination; and

(d) Proof that the applicant is a graduate of a professional occupational therapy or occupational therapy assistant education program, as relevant to the license, accredited by an agency that the United States Department of Education recognizes for that purpose, or that the Board approves.

History

• SOURCE: Final Rulemaking published at 36 DCR 1060 (February 3, 1989); as amended by Final Rulemaking published at 53 DCR 4551 (June 9, 2006); as amended by Final Rulemaking published at 55 DCR 2598 (March 14, 2008); as amended by Final Rulemaking published at 59 DCR 3133, 3140 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6311

17 DCMR § 6312 RESPONSIBILITIES

6312.1 An occupational therapist shall exercise sound judgment and provide adequate care in the performance of duties in accordance with nationally recognized standards of practice while treating patients or supervising the treatment of patients.

6312.2 An occupational therapist shall be responsible for managing all aspects of the occupational therapy care of each patient. An occupational therapist shall provide the following:

(a) The initial evaluation and treatment plan for each patient and all supporting documentation;

(b) Periodic reevaluation for each patient and all supporting documentation; and

(c) The documented discharge of the patient, including the response to the intervention at the time of discharge.

6312.3 An occupational therapist who has been assigned to supervise a student training to be an occupational therapist shall:

(a) Directly supervise the student assigned to him or her; and

(b) Countersign all official or service-related documentation that the student drafts.

6312.4 An occupational therapist supervising a student shall be responsible for all of the students’ actions performed within the scope of practice during the time of supervision and shall be subject to disciplinary action for any violation of the Act or this chapter by the person supervised.

6312.5 An occupational therapist supervising an occupational therapy assistant shall be responsible for all of the occupational therapy assistant’s actions performed within the scope of practice during the time of supervision and shall be subject to disciplinary action for any violation of the Act or this chapter by the occupational therapy assistant under his or her supervision.

6312.6 A supervising occupational therapist shall provide the following:

(a) Direct supervision of an occupational therapy assistant prior to initiating treatment programs and before planned discharges for patients;

(b) An initial and, at a minimum, bimonthly direction to the occupational therapy assistant; and

(c) Documentation for verification of supervision and direction.

6312.7 A supervising occupational therapist shall only delegate duties and responsibilities for the care of patients to the occupational therapy assistant with consideration given to the following:

(a) The level of skill shown by the occupational therapy assistant;

(b) The ability to use identified intervention in a safe and effective manner;

(c) Experience of the occupational therapy assistant and work setting demands; and

(d) The complexity and stability of the patient population to be treated.

History

• SOURCE: Final Rulemaking published at 53 DCR 4551 (June 9, 2006); as amended by Final Rulemaking published at 55 DCR 2598 (March 14, 2008); as amended by Final Rulemaking published at 59 DCR 3133, 3140 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6312

17 DCMR § 6313 RE-LICENSURE

6313.1 The requirements of this section shall apply to persons seeking re-licensure five (5) or more years after the expiration of their license.

6313.2 A re-licensure applicant shall submit proof of his or her educational and examination eligibilities in accordance with the requirements of §§ 6302 and 6303 and one of the following:

A certificate of good standing from a jurisdiction in the United States in which he or she holds an active license; or

Proof of completion of one hundred sixty (160) hours of supervised practice in accordance with § 6317 within the two (2) months prior to the date the application is submitted.

History

• SOURCE: Final Rulemaking published at 59 DCR 3133, 3141 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6313

17 DCMR § 6314 OCCUPATIONAL THERAPY AIDES

6314.1 An occupational therapy aide may be permitted to perform the following duties:

Under direct supervision of an occupational therapist:

Guarding;

Positioning;

Holding body parts for splinting or bracing; and

Assisting with group and community reentry activities;

Under direct supervision of an occupational therapist or occupational therapy assistant:

Transfer practice;

Assisting in routine:

Functional activity;

Functional exercise; and

Activities of daily living (ADL) program;

Applying assistive devices;

Applying adaptive devices;

Assisting the client with the use of assistive equipment; and

Reality orientation for the confused client; and

Under general supervision of an occupational therapist or an occupational therapy assistant:

Clerical;

Secretarial;

Housekeeping;

Supply maintenance;

Equipment maintenance;

Fabrication of straps for splinting and bracing;

Fabrication of assistive devices that are not work directly by a client;

Routine transfers for transporting clients;

Transporting clients; and

Activities ancillary to group and individual activities.

6314.2 An occupational therapy aide shall not be permitted to do the following under any circumstance:

(a) Interpret care plans;

(b) Participate in care conferences;

(c) Provide any hands-on care except as specified above;

(d) Interpret referrals;

(e) Perform evaluation procedures;

(f) Initiate or adjust treatment programs;

(g) Assume responsibility for planning treatment care; or

(h) Document care given, including checklists or other forms of documentation.

History

• SOURCE: Final Rulemaking published at 59 DCR 3133, 3141 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6314

17 DCMR § 6315 CONTINUING EDUCATION AUDIT

6315.1 The Board may audit up to twenty percent (20%) of the number of licensees to determine compliance with the continuing education contact hour requirements.

6315.2 Upon notification by the Board that a licensee has been selected for an audit, the licensee shall submit the required documentation within thirty (30) days of receipt of the notice.

6315.3 A licensee who fails to provide proof of continuing education compliance during an audit may be subject to an audit in the subsequent renewal cycle.

History

• SOURCE: Final Rulemaking published at 59 DCR 3133, 3141 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6315

17 DCMR § 6316 LAWFUL PRACTICE

6316.1 An occupational therapist or occupational therapy assistant licensed to practice in the District of Columbia shall adhere to the AOTA’s Code of Ethics for the practice of occupational therapy as it may be amended from time to time.

6316.2 An occupational therapist may purchase, store, and administer topical and aerosol medications as part of the practice of occupational therapy as defined herein, as long as the purchasing, storing, and administration of these medications are carried out pursuant to all laws and regulations of the Federal Government and the District of Columbia.

6316.3 An occupational therapist shall use the letters “OT”, “OTR”, “LOT”, “OTR/L” or any other similar title or description in connection with the occupational therapist's name or place of business to denote licensure pursuant to the Act.

6316.4 A business providing and billing for occupational therapy services pursuant to the Act shall only advertise or otherwise promote an occupational therapist that is licensed.

6316.5 An occupational therapy assistant shall use the letters “OTA”, “COTA”, “OTA/L”, “COTA/L”, or any other similar title or description in connection with the occupational therapy assistant's name or place of business to denote licensure pursuant to the Act.

6316.6 An applicant for licensure shall not engage in any type of practice until an application for licensure and a supervised practice form are submitted to the Board.

6316.7 An applicant may practice for no more than sixty (60) days under a supervised practice form. The supervised practice form shall not be renewed.

6316.8 An occupational therapy aide shall not be permitted to use any credentials.

6316.9 Students shall identify themselves as such to patients. An occupational therapy student shall sign all documentation with the notation “occupational therapy student” or “OT student,” and occupational therapy assistant students shall sign all documentation with the notation “occupational therapy assistant student” or “OTA student.”

History

• SOURCE: A Notice of Final Rulemaking published at 59 DCR 3133, 3143 (April 20, 2012).

17 DCMR § 6317 PRACTICE OF OCCUPATIONAL THERAPY BY A STUDENT, GRADUATE, OR PERSON SEEKING LICENSURE, RE-LICENSURE, REACTIVATION OR REINSTATEMENT

6317.1 A student of occupational therapy, graduate of an occupational therapy program or other person seeking licensure, reactivation, or re-licensure may practice only under the general supervision of an occupational therapist with valid, unrestricted license in the District and in accordance with this section.

6317.2 Only the following person may practice under this section:

A student whose practice fulfills their educational requirements as described in § 103(c) of the Act, D.C. Official Code § 3-1201.03(c) and § 6302.1(b) of this chapter;

An applicant for licensure whose application has been properly filed with the Board and is pending the result of the national examination or final approval by the Board;

A person seeking reactivation of licensure as described in § 6309.3;

A person seeking re-instatement of licensure in accordance with § 6310.4; or

A person seeking re-licensure five (5) or more years after the expiration of their previous license as described in § 6313.

6317.3 A supervisor of a person described in § 6317.2(b), (c), (d), or (e) shall, no less than two (2) weeks prior to the supervision begins, seek the authorization of the Board by providing the following information:

The supervisor’s name and address;

The name of the person seeking licensure, reactivation, reinstatement, or re-licensure;

The expected period of supervision;

The nature and location of the practice of the person seeking licensure, reactivation, reinstatement, or re-licensure; and

The attestation that the supervisor understands and intends to comply with the supervisory requirements under this chapter.

6317.4 A person seeking to practice under supervision may begin the supervised practice after the Board has approved and authorized the practice.

6317.5 Supervised practice authorized for a person described in § 6317.2(c), (d), or (e) shall not exceed four (4) months.

6317.6 Supervised practice authorized for a person described in § 6317.2(b) shall not exceed sixty (60) days.

6317.7 A person engaged in supervised practice under this section shall identify himself or herself as a student or person practicing under supervision at all times including prior to the initiation of any practice with a client.

6317.8 Any of the following events shall result in an automatic and immediate termination of the authorized supervised practice:

Failure to pass the national examination if the supervised practice has been approved based on a pending license application;

The supervision is terminated for any reasons by either the supervisor or the supervisee; or

An arrest or charge for a felony.

6317.9 A person practicing under supervision in accordance with this section shall not receive any compensation of any nature, directly or indirectly, from a patient but may receive a salary or other form of compensation from his or her supervisor based on the hours of practice performed.

6317.10 The supervisor shall be fully responsible for all supervised practice by the supervisee during the period of supervision and shall be subject to disciplinary action for any violation of the Act or this chapter by the supervisee.

6317.11 A person authorized to practice under supervision pursuant to this section shall be subject to all applicable provisions of the Act and this chapter. The Board may deny his or her application for license or take any disciplinary action against him or her in accordance with Chapter 41 of this title if he or she has been found to have violated the Act or this chapter.

History

• SOURCE: Final Rulemaking published at 61 DCR 392 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6317

17 DCMR § 6399 DEFINITIONS

6399.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201 et seq. (2016 Repl.)).

Approved continuing education – continuing education meeting the requirements of §§ 6307 and 6308.

Board - The Board of Occupational Therapy, established by § 206 of the Act, D.C. Official Code § 3-1202.06.

Contact hour - At least fifty (50) minutes of continuing education credit.

Direct supervision - Supervision in which the supervisor is personally present and immediately available within the treatment area to give aid, direction, and instruction when occupational therapy procedures or activities are performed.

Director – The Director of the Department of Health or any successor or assignee.

General supervision - Supervision in which the supervisor is available on the premises or by communication device at the time the supervisee is practicing, and can be on-site in the event of a clinical emergency within two (2) hours.

Graduate – A person who has completed an educational program for occupational therapists that is accredited by the Accreditation Council for Occupational Therapy Education (ACOTE) and is seeking or has obtained authorization to practice occupational therapy without a license under the supervision of a licensed occupational therapist.

Level I Fieldwork - Enrichment of didactic coursework through direct observation and participation in selected aspects of the occupational therapy process to enable students to develop a basic comfort level with and understanding of the needs of clients.

Level II Fieldwork - Development of competent entry-level, general occupational therapists and occupational therapy assistants through exposure to in-depth experiences in delivering occupational therapy services to a variety of clients.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

Licensee – A person licensed or seeking renewal or reactivation of a license issued pursuant to this chapter.

Licensure term – the two-year period between October 1 of each odd-numbered year to September 30 of the next odd-numbered year during which a license issued pursuant to this chapter is valid in accordance with § 6301.1.

Occupational therapist - A person licensed to practice occupational therapy under the Act.

Occupational therapy- (i) The therapeutic use of everyday life activities with individuals or groups, with or without compensation, for the purpose of participation in roles and situations in homes, schools, workplaces, communities, and other settings to promote health and welfare for those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction; (ii) Addressing the physical, cognitive, psycho-social, sensory, or other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect health, well-being, and quality of life; (iii) The education and training of persons in the direct care of patients through the use of occupational therapy; and (iv) The education and training of persons in the field of occupational therapy.

Occupational therapy aide - A person who has received on-the-job training in occupational therapy and is employed in an occupational therapy setting under the immediate supervision of a licensed occupational therapist.

Occupational therapy assistant - A person licensed to practice as an occupational therapy assistant under the Act.

Supervised practice - unlicensed practice by a student, graduate, or person seeking reactivation, reinstatement, or re-licensure, as authorized by the Board and subject to the general supervision of an occupational therapist.

6399.2 Except as specified in § 7399.1, the definitions in § 4099 of Chapter 40 of this title are incorporated by reference and apply to this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 936, 944 (February 12, 1988); as amended by Final Rulemaking published at 36 DCR 1059, 1060 (February 3, 1989); as amended by Final Rulemaking published at 53 DCR 4551 (June 9, 2006); as amended by Final Rulemaking published at 59 DCR 3133, 3144 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 392 (January 17, 2014); as amended by Final Rulemaking published at 64 DCR 8245 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6399

17-64 OPTOMETRY

17 DCMR § 6400 GENERAL PROVISIONS

6400.1 This chapter shall apply to applicants for and holders of a license to practice optometry.

6400.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

6400.3 Only the following persons may practice optometry in the District:

(a) An optometrist;

(b) An ophthalmologist; or

(c) A student practicing under the supervision of an optometrist or ophthalmologist in accordance with § 6411.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is § 302(14) of the District of Columbia Health Occupations Revision Act of 1985, D.C. Law 6-99, D.C. Code § 2-3303.2(14) (1988 Repl. Vol.), 33 DCR 729, 732 (February 7, 1986), and Mayor’s Order 86-110, 33 DCR 5220 (August 22, 1986).
• SOURCE: Final Rulemaking published at 35 DCR 4494 (June 17, 1988).

17 DCMR § 6401 TERM OF LICENSE

6401.1 Subject to § 6401.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of March 31 of each even-numbered year.

6401.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 4494 (June 17, 1988).

17 DCMR § 6402 EDUCATIONAL REQUIREMENTS

6402.1 Except as otherwise provided in this subtitle, an applicant shall furnish proof satisfactory to the Board that the applicant has received a doctoral degree in optometry based upon completion of a program which was accredited at the time the degree was conferred by the Council on Optometric Education of the American Optometric Association in accordance with §504(h) of the Act, D.C. Code §2-3305.4(h) (1987 Supp.).

6402.2 An applicant for a license shall submit with a completed application a certified transcript of the applicant's educational record and certificate of graduation.

History

• SOURCE: Final Rulemaking published at 35 DCR 4494, 4495 (June 17, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2753 (May 4, 1990).

17 DCMR § 6403 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

6403.1 The Board may grant a license to practice optometry to an applicant who completed an educational program in a educational institution in a foreign country which program is not accredited by the Council on Optometric Education of the American Optometric Association if the applicant meets the following requirements:

(a) Meets all requirements of this chapter except for § 6402.1; and

(b) Demonstrates to the satisfaction of the Board that the applicant's education and training are substantially equivalent to the requirements of this subtitle and the Act in ensuring that the applicant is qualified to practice optometry by submitting the documentation required by § 6403.2.

6403.2 An applicant under this section shall, in lieu of meeting the requirements of § 6402.1, submit with the application a certification from a private education evaluation service approved by the Board that the applicant's foreign education is substantially equivalent to the education provided in an accredited program.

6403.3 The Board may interview an applicant under this section to determine whether the applicant's education or training meets the requirements of the Act and this chapter.

6403.4 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 35 DCR 4494, 4495 (June 17, 1988).

17 DCMR § 6404 NATIONAL EXAMINATION

6404.1 To qualify for a license by examination, an applicant shall receive a passing score on the examination administered by the National Board of Examiners in Optometry (the national examination).

6404.2 An applicant who has passed an examination specified in § 6404.1 more than five (5) years prior to the application date, but who does not qualify for a license by reciprocity, shall not be required to retake the examination if the applicant demonstrates to the satisfaction of the Board that the applicant has been continuously licensed and practicing as an optometrist in the United States since the date the applicant passed the examination.

6404.3 An applicant shall submit to the Board with a completed application the applicant's examination results, certified by the National Board of Examiners in Optometry, to the Board.

6404.4 The passing score on the national examination shall be the passing score set by the National Board of Examiners in Optometry on each test that forms a part of the examination.

Effective June 1, 1994, an applicant for licensure by examination shall receive a passing score on the practical examination portion of the national examination administered by the National Board of Examiners in Optometry (the national examination) which is designed to test an applicant’s initial competency in the practice of optometry.

History

• SOURCE: Final Rulemaking published at 35 DCR 4494, 4496 (June 17, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2753 (May 4, 1990); and as amended by Final Rulemaking published at 41 DCR 2517 (May 6, 1994); as amended by Notice of Final Rulemaking published at 59 DCR 2157 (March 16, 2012).

17 DCMR § 6405 DISTRICT EXAMINATION

6405.1 Prior to June 1, 1994 in order to qualify for a license under this chapter, an applicant shall receive a passing score, as determined by the Board, on a practical examination developed by the Board (the District examination) or the national examination including a practical examination portion.

6405.2 The Board shall administer the District examination at least two (2) times a year.

6405.3 An applicant shall not be eligible to take the District examination until the applicant meets all other requirements for a license.

6405.4 The District examination shall consist of a demonstration by the applicant of competency in the practice of optometry.

6405.5 Effective June 1, 1994, the Board will no longer administer the District examination. Instead applicants shall comply with the requirements of subsection 6404.5. However, until that time applicants will have the option of sitting for the District practical examination separately or the national examination that includes a practical examination portion.

History

• SOURCE: Final Rulemaking published at 35 DCR 4494, 4496 (June 17, 1988); and as amended by Final Rulemaking published at 41 DCR 2517 (May 6, 1994).

17 DCMR § 6406 CONTINUING EDUCATION REQUIREMENTS

6406.1 Subject to § 6406.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a license for a term expiring March 31, 1992, and for subsequent terms.

6406.2 This section shall not apply to applicants for an initial license by examination, reciprocity, or endorsement, nor shall it apply to applicants for the first renewal of a license granted by examination.

6406.3 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 6407.

6406.4 An applicant for renewal of a license expiring on March 31, 2020 and all subsequent licensure terms shall submit proof of having completed thirty-eight (38) hours of approved continuing education credit during the two (2) year period preceding the date the license expires, which shall include two (2) hours of approved continuing education credit in cultural competence and appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression. Additionally, at least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, those subjects shall be identified and published every five (5) years or less frequently as deemed appropriate by the Board of Health. Such proof of completion of continuing education credit shall be submitted within thirty (30) days after it is requested by the Board of Health.

6406.5 To qualify for a license, a person in inactive status within the meaning of § 511 of the Act, D.C. Official Code § 3-1205.11 (2012 Supp.), who submits an application to reactivate a license shall submit to the Board satisfactory proof of completion of continuing education hours required of a practitioner on active status during the period of inactivity, not to exceed ninety (90) hours.

6406.6 Any optometrist whose license has been expired for less than five (5) years and who has not been put on inactive status may apply for reinstatement of his or her license. The Board may reinstate the license if the optometrist submits to the Board satisfactory proof of having subsequently met the continuing education requirements required of a practitioner on active status consistent with § 6406.4 during the period the license was expired, not to exceed ninety (90) hours.

6406.7 An applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion, by signature or stamp.

6406.8 An applicant under this section shall prove completion of continuing education course work that was audited under § 6408.3 by submitting with the application a signed statement from the instructor on college stationery for each class attended.

6406.9 An applicant for renewal of a license who fails to submit proof of having completed continuing education requirements by the date the license expires may renew the license up to sixty (60) days after expiration by submitting proof pursuant to § 6406.7 and by paying the required late fee.

6406.10 Upon submitting proof and paying the late fee, the applicants shall be deemed to have possessed a valid license during the period between the expiration of the license and the submission of the required documentation and payment of the late fee.

6406.11 If an applicant for renewal of a license fails to submit proof of completion of continuing education requirements or pay the late fee within sixty (60) days after the expiration of applicant's license, the license shall be considered to have lapsed on the date of expiration.

6406.12 The Board may, in its discretion, grant an extension of the sixty (60)-day period to renew after expiration if the applicant’s failure to submit proof of completion was for good cause. For the purpose of this section, “good cause” includes the following:

Serious and protracted illness of the applicant; or

The death or serious and protracted illness of a member of the applicant’s immediate family.

History

• SOURCE: Final Rulemaking published at 35 DCR 4494 (June 17, 1988); as amended by Final Rulemaking published at 59 DCR 2157 (March 16, 2012); as amended by Final Rulemaking published at 64 DCR 8585 (September 1, 2017); as amended by Final Rulemaking published at 66 DCR 12738 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6406

17 DCMR § 6407 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

6407.1 The Board may, in its discretion, approve continuing education programs and activities that contribute to the growth of an applicant in professional competence to practice optometry and which meet the other requirements of this section.

6407.2 The Board may approve the following types of continuing education programs, if the program meets the requirements of § 6407.3:

An undergraduate or graduate course given at an accredited college or university;

A seminar or workshop;

An educational program given at a conference;

In-service training; and

A correspondence course. For the purpose of this section, a correspondence course includes a course that may be gathered through electronic media.

6407.3 To qualify for approval by the Board, a continuing education program shall do the following:

(a) Be current in its subject matter;

(b) Be developed and taught by qualified individuals; and

(c) Meet one of the following requirements:

(1) Be administered or approved by a recognized optometry organization;

(2) Be taught as part of an accredited program under §6402.1; or

(3) Be submitted by the program sponsors to the Board for review no less than sixty (60) days prior to the date of the presentation and be approved by the Board.

6407.4 The Board may issue and update a list of approved continuing education programs.

6407.5 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

6407.6 The Board may approve the following continuing education activities:

(a) Serving as an instructor or speaker at a conference, seminar, workshop, or inservice training; and

(b) Publishing a book or a chapter in a book or publishing a book review, article, or abstract in a professional journal or bulletin.

History

• SOURCE: Final Rulemaking published at 35 DCR 4494, 4498 (June 17, 1988); as amended by Final Rulemaking published at 61 DCR 11191 (October 24, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6407

17 DCMR § 6408 CONTINUING EDUCATION CREDITS

6408.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

6408.2 The Board may grant a maximum of two (2) continuing education credits per year for attending programs under § 6407.2 or completing activities under § 6407.6 determined by the Board to be in practice management.

6408.3 The Board may grant fifteen (15) hours of continuing education credit for each semester hour and ten (10) hours of continuing education credit for each quarter hour for undergraduate or graduate courses under § 6407.2(a).

6408.4 The Board may grant a maximum of five (5) continuing education credits per year to an applicant for attending in-service education programs under § 6407.2(d).

6408.5 The Board may grant a maximum of twenty-five percent (25%) of the applicant's continuing education requirement for taking correspondence courses under § 6407.2(e).

6408.6 The Board may grant a maximum of fifty percent (50%) of an applicant's continuing education requirement for completing continuing education activities under § 6407.6.

6408.7 The Board may grant an applicant who serves as an instructor or speaker under § 6407.6(a) credit for preparation and presentation time, subject to the following restrictions:

(a) The maximum amount of credit that may be granted for preparation time is twice the amount of the associated presentation time;

(b) If an applicant has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject; and

(c) The presentation shall have been completed during the period for which credit is claimed.

6408.8 The Board may grant continuing education credit for publications under § 6407.6(b) only if the applicant proves to the satisfaction of the Board that the work has been published or accepted for publication during the period for which credit is claimed.

6408.9 The Board may not grant continuing education credit for programs or activities designed to promote specific instruments or other products of profit-making entities.

History

• SOURCE: Final Rulemaking published at 35 DCR 4494, 4499 (June 17, 1988).

17 DCMR § 6409 MINIMUM COMPLETE EXAMINATION

6409.1 An optometrist shall maintain a record for each patient that accurately reflects the evaluation and treatment of the patient. These records shall be kept for seven (7) years after last seeing the patient or seven (7) years after a minor patient reaches eighteen (18) years of age.

6409.2 In the absence of good clinical reasons to the contrary as documented in the patient record, an optometrist shall perform the following minimum examination on each patient, record his or her findings in the patient record, and maintain the patient record as required in § 6409.1 of this chapter:

(a) Complete case history, including medical conditions and medications;

(b) Visual acuity including:

(1) Monocular and binocular; and

(2) Aided or unaided;

(c) External examination, including pupil reactivity;

(d) Internal examination;

(e) Subjective refraction to test visual acuity at distance and near;

(f) Measurement of binocularity and ocular motility;

(g) Tonometry, on patients twelve and older or as needed in the professional opinion of the optometrist;

(h) Documentation of treatment, diagnosis; recommendations and directions to the patients, including prescriptions; and

(i) Documentation in the patient chart of the name of attending optometrist.

6409.3 In addition to the requirements set forth in § 6409.1, an optometrist may perform the following tests as part of a minimum examination:

(a) Retinoscopy or equivalent; and

(b) Color vision screening.

6409.4 In addition to the requirements set forth in § 6409.1, a contact lens examination, excluding a follow-up exam; shall include at a minimum the following:

(a) Assessment of corneal curvature;

(b) Assessment of acuity through the contact lens;

(c) Directions for the care and handling of lenses and an explanation of the implications of contact lenses with regard to eye health and vision;

(d) Assessment of contact lens fit; and

(e) Documentation of contact lenses used in fitting procedures.

History

• SOURCE: Final Rulemaking published at 55 DCR 12043 (November 21, 2008).

17 DCMR § 6410 MINIMUM EQUIPMENT LIST

6410.1 Each licensed optometrist owning or operating an optometry practice in the District shall maintain in good working order the equipment necessary to provide a routine eye examination which shall include, but not be limited to, the following minimum equipment:

(a) A device for the accurate measurement of visual acuity, distance and near;

(b) A lensometer;

(c) An instrument for examination of the internal structures of the eye;

(d) A retinoscope or its equivalent;

(e) An instrument for the measurement of intra-ocular pressure;

(f) A refracting instrument or its equivalent;

(g) An instrument for measurement of corneal curvature;

(h) An instrument for the measurement of visual fields;

(i) A biomicroscope; and

(j) A color vision testing device.

6410.2 In addition to the requirements set forth in § 6410.1, the minimum equipment in an optometrist's office may also include a blood pressure measuring device.

History

• SOURCE: Final Rulemaking published at 55 DCR 12043 (November 21, 2008).

17 DCMR § 6411 PRACTICE OF OPTOMETRY BY STUDENTS

6411.1 A student may perform actions which require a license as an optometrist only in accordance with the Act and this chapter.

6411.2 Only a student fulfilling the education requirements under §103(c) of the Act, D.C. Code §2-3301.3 (1987 Supp.) and §6402 shall be authorized to practice under this section.

6411.3 Only an optometrist or ophthmologist may supervise practice by students under this section.

6411.4 A student may practice only under the general or immediate supervision of an optometrist or ophthalmologist who is available in person on the premises, but who need not be physically present in the room at the time the student practices.

6411.5 For at least ten percent (10%) of supervised practice during any one (1) month period, a supervising optometrist or ophthalmologist shall be physically with the student and either discussing or observing the student's practice.

6411.6 A supervising optometrist or ophthalmologist shall review a student's optometric examination findings before a patient leave the office.

6411.7 A student shall see patients on a randomly selected basis without bias toward a particular type of patient care, such as Medicare, Medicaid, or union contract.

6411.8 A student shall identify himself or herself as a student before performing actions of an optometrist.

6411.9 A supervising optometrist or opthalmologist shall sign all prescriptions for eyeglasses or contact lenses.

6411.10 A supervising optometrist or ophthalmologist is fully responsible for all supervised practice by a student during the period of supervision, and is subject to disciplinary action for any violation of the Act or this chapter by the student.

6411.11 A student shall not receive compensation of any nature, directly or indirectly, from a patient, except for a salary based on hours worked in the training program.

6411.12 A student shall be subject to all of the applicable provisions of the Act and this subtitle. The Board may deny an application for a license by, or take other disciplinary action against, a student who is found to have violated the Act or this subtitle, in accordance with chapter 41 of this title.

6411.13 If the Board finds that a student has violated the Act or this subtitle, the Board may, in addition to any other disciplinary actions permited by the Act, revoke, suspend, or restrict the privilege of the student to practice.

History

• SOURCE: Final Rulemaking published at 35 DCR 4494, 4500 (June 17, 1988).

17 DCMR § 6412 ADMINISTRATION OF DIAGNOSTIC PHARMACEUTICAL AGENTS

6412.1 For purposes of this section, "diagnostic pharmaceutical agent" means any pharmaceutical agent used in the diagnosis of ocular disease and conditions of the visual system.

6412.2 Only an optometrist certified in accordance with this section or a physician may administer a diagnostic pharmaceutical agent.

6412.3 An applicant for certification to administer diagnostic pharmaceutical agents shall do the following:

(a) Submit a completed, notarized application; and

(b) Demonstrate to the satisfaction of the Board that he or she:

(1) Has either applied for licensure under this chapter as an optometrist, or has been issued a license under this chapter as an optometrist;

(2) Has completed a course approved by the Board in general and ocular pharmacology that meets the requirements of § 207 of the Act, D.C. Code § 2-3302.7, and has arranged for the institution to submit a transcript directly to the Board; and

(3) Has passed the treatment and management of ocular disease (TMOD) section of the examination administered by the National Board of Examiners in Optometry, or any other examination approved by the National Board of Examiners in Optometry or the Board, and has arranged for the test results to be submitted directly to the Board.

6412.4 A course approved by the Board shall be any course in the treatment and management of ocular disease offered or approved by an institution with an accredited program.

6412.5 An optometrist authorized under this section to administer a diagnostic pharmaceutical agent shall not do the following:

(a) Administer a diagnostic pharmaceutical agent by any means other than topical application to the eye;

(b) Administer a diagnostic pharmaceutical agent when the medical condition of the patient contraindicates such use; or

(c) Administer any pharmaceutical agent for therapeutic purposes unless authorized in accordance with the provisions of section 6413 of this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 4494, 4502 (June 17, 1988); as amended by Final Rulemaking published at 46 DCR 4197 (May 7, 1999).

17 DCMR § 6413 ADMINISTRATION OF THERAPEUTIC PHARMACEUTICAL AGENTS

6413.1 As used in this section, the term "therapeutic pharmaceutical agents" means appropriate topical drugs and oral systemic drugs, including antibiotics, appropriate analgesics, antihistamines, non-steroidal anti-inflammatories, and anti-glaucoma medications. The term "therapeutic pharmaceutical agents" includes topical steroidal anti-inflammatories and antivirals, or oral medications for the emergency treatment of angle closure glaucoma. The term "therapeutic pharmaceutical agents" does not include oral and injectable antiviral and antifungal agents and other oral and injectable agents not authorized in this section, except for an injectable to counter an anaphylactic reaction.

6413.2 Only an optometrist certified pusuant to this section may administer therapeutic pharmaceutical agents.

6413.3 An applicant for certification to administer therapeutic pharmaceutical agents shall do the following:

(a) Submit a completed, notarized application and pay the fee provided in Chapter 35 of this title; and

(b) Demonstrate to the satsfaction of the Board that he or she:

(1) Has either applied for licensure under this chapter as an optometrist, or has been is-sued a license under this chapter as an optometrist;

(2) If a graduate of an accredited school of optometry prior to July 1, 1992, has completed a Board approved course consisting of a minimum of one hundred (100) clock hours in general and ocular pharmacology which meets the requirements of § 207 of the Act, D.C. Code § 2-3302.7, and has arranged for the institution to transmit a transcript of the courses taken directly to the Board; and

(3) Has passed the treatment and management of ocular disease (TMOD) section of the examination administered by the National Board of Examiners in Optometry, or any other examination approved by the National Board of Examiners in Optometry or the Board, has arranged for the test results to be submitted directly to the Board.

6413.4 A course approved by the Board shall be any course in the treatment and management of ocular disease offered or approved by an accredited school of optometry.

6413.5 An optometrist certified pursuant to this section shall not administer a therapeutic pharmaceutical agent when the medical condition of the patient contraindicates such use.

6413.6 Prior to initiating treatment for glaucoma, an optometrist shall consult with the patient's physician or other appropriate health professional. The treatment of angle closure glaucoma shall be limited to the initiation of immediate emergency treatment.

An optometrist certified for the administration of therapeutic pharmaceutical agents shall prove to the Board’s satisfaction that he or she has completed six (6) hours of approved continuing education credits pursuant to section 6408.

History

• SOURCE: Final Rulemaking published at 46 DCR 4197 (May 7, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2157, 2158 (March 16, 2012).

17 DCMR § 6414 STANDARDS OF CONDUCT

6414.1 Any holder of a license under this Chapter or any person authorized to practice optometry under this Chapter shall comply with the standards of ethical and professional conduct established by the American Optometric Association in its publication entitled "Code of Ethics," as it may be amended or republished from time to time.

History

• SOURCE: Final Rulemaking published at 55 DCR 12043 (November 21, 2008).

17 DCMR § 6415 DISPLAY OF NAME

6415.1 An optometrist licensed under the Act shall include the designation "O.D."; "Optometrist"; or "Doctor of Optometry" following his or her name in any advertisement, or written display of his or her name in the District of Columbia.

History

• SOURCE: Final Rulemaking published at 55 DCR 12043 (November 21, 2008).

17 DCMR § 6416 EYEGLASS PRESCRIPTION EXPIRATION PERIOD

6416.1 An eyeglass prescription shall expire one (1) year after the issue date unless there is a medical reason that warrants a prescription for less than one (1) year. The medical reasons for issuing a prescription for less than one year shall be documented in the patient's medical record.

History

• SOURCE: Final Rulemaking published at 55 DCR 12043 (November 21, 2008).

17 DCMR § 6417 CONTACT LENS PRESCRIPTIONS

6417.1 A contact lens prescription shall contain sufficient information for the complete and accurate filling of a prescription, including the following:

(a) Name of the patient;

(b) Date of the examination;

(c) Issue date and expiration date of the prescription;

(d) Name, license number, postal address, telephone number, facsimile telephone number, and original signature of the prescriber; and

(e) Brand of lens, power, base, curve, and diameter;

6417.2 In the case of a private label contact lens, a contact lens prescription may also contain the name of manufacturer, trade name of private label brand, and, if applicable, trade name of equivalent brand name by the same manufacturer, but sold under the labels of other sellers.

6417.3 A contact lens prescription may also include the diameter, axis, add power, cylinder, peripheral curve, optical zone, and center thickness and any additional information necessary in order that the prescription be accurately filled.

6417.4 A contact lens prescription shall be given to the patient after the completion of the contact lens fitting whether or not it is requested by the patient, or at the time of the examination if the person is an established patient where no change in the prescription was made.

6417.5 A prescriber shall, as directed by any person designated to act on behalf of the patient, provide or verify the contact lens prescription.

6417.6 A contact lens prescription shall expire one (1) year after the issue date unless there is a medical reason that warrants a prescription for less than one (1) year. The medical reasons for issuing a prescription for less than one year shall be documented in the patient's medical record.

6417.7 The issue date on a contact lens prescription shall be the date of the examination.

6417.8 A prescriber may require payment of fees for an eye examination, fitting, and evaluation before the release of a contact lens prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for ophthalmic goods. Presentation of proof of insurance coverage for that service shall be deemed to be a payment.

6417.9 When specialty or custom-made contact lenses are necessary to complete the fitting process, the prescriber may charge patients an additional fee for such lenses as part of the cost of the fitting process and as such may condition the release of a contact lens prescription on payment of the fitting fee.

6417.10 A prescriber shall not:

(a) Require purchase of contact lenses from the prescriber or from another person as a condition of providing a copy of the prescription;

(b) Require a payment in addition to, or as part of, the fee for an eye examination, fitting, and evaluation as a condition of providing a copy of a prescription or verification of a prescription; or

(c) Require the patient to sign a waiver or release as a condition of verifying or releasing a prescription.

History

• SOURCE: Final Rulemaking at 55 DCR 12043 (November 21, 2008).

17 DCMR § 6418 CONTINUING COMPETENCY

CONTINUING COMPETENCY

6418.1 An optometrist who has met the requirements for licensure and has satisfied the requirement of completing thirty-eight (38) hours of approved continuing education credit pursuant to 17 DCMR § 6406.4 is deemed competent to practice the profession of optometry.

History

• SOURCE: Notice of Final Rulemaking published at 59 DCR 2157, 2158 (March 16, 2012); as amended by Final Rulemaking published at 66 DCR 12738 (September 27, 2019).

17 DCMR § 6499 DEFINITIONS

6499.1 As used in this chapter, the following terms have the meanings ascribed:

Applicant - a person applying for a license to practice optometry under this chapter.

Board - the Board of Optometry, established by § 207 of the Act, D.C. Code § 2-3302.7 (1987 Supp.).

Contact Lens Fitting - the process that begins after the initial eye examination and ends when a successful fit has been achieved as determined by the examining optometrist or ophthalmologist. In the case of a renewal prescription, the fitting ends when the prescriber determines that no change in the existing prescription is required or a new fitting is completed after medically necessary follow-up examinations.

Continuing competency:

(a) The ability to provide comprehensive eye and vision care by meeting the needs of patient with the objectives of

achieving appropriate outcomes and maintaining or improving the patients quality of life;

The ability to support an integrated healthcare system by collaborating with other healthcare professionals and service providers to facilitate the management of the overall health needs and to encourage the well-being of patients;

The ability to apply management skills to optimize the care of patients and make efficient use of health resources; and

The ability to educate patients with the goal of encouraging appropriate, effective, and comprehensive eye and vision care.

Ophthalmologist - a physician specializing in ophthalmology.

Optometrist - a person licensed to practice optometry under the Act.

Physician - a person licensed to practice medicine under the Act.

Private label contact lenses - contact lenses that are sold under the label of a seller where the contact lenses are identical to lenses made by the same manufacturer but sold under the labels of other sellers.

6499.2 The definitions in §4099 of chapter 40 of this title are incorporated by reference into and apply to this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 4494, 4503 (June 17, 1988); as amended by Rulemaking published at 55 DCR 12043 (November 21, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2157, 2158 (March 16, 2012).

17-65 PHARMACISTS

17 DCMR § 6500 GENERAL PROVISIONS

6500.1 This chapter shall apply to applicants for and holders of a license to practice pharmacy and to pharmacy interns.

6500.2 Chapter 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is §302(14) of the District of Columbia Health Occupations Revision Act of 1985, D.C. Law 6-99, D.C. Code §2-3303.2(14) (1988 Repl. Vol.), 33 DCR 729, 732 (February 7, 1986), and Mayor's Order 86-110, 33 DCR 5220 (August 22, 1986).
• SOURCE: Final Rulemaking published at 36 DCR 6243 (September 1, 1989).

17 DCMR § 6501 TERM OF LICENSE

6501.1 Subject to §6501.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of February of each odd-numbered year.

6501.2 If the Director changes the renewal system pursuant to §4006.3 of chapter 40 of this title, a license issued pursuant to this chapter expires at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 36 DCR 6243 (September 1, 1989).

17 DCMR § 6502 EDUCATION AND TRAINING REQUIREMENTS

6502.1 Except as otherwise provided in this chapter an applicant shall furnish proof satisfactory to the Board, that the applicant:

Has successfully completed an educational program in the practice of pharmacy and holds a Bachelor of Science in Pharmacy or Doctor of Pharmacy degree from a school of pharmacy:

(1) Accredited by the American Council on Pharmaceutical Education (ACPE) at the time the applicant graduates; and

(2) With at least a five (5) year curriculum at the time of graduation, unless the applicant graduated prior to January 1, 2003, in which case a four (4) year curriculum will be accepted; and

Has successfully completed the introductory and advanced pharmacy experience hourly requirements in accordance with ACPE standards.

History

• SOURCE: Final Rulemaking published at 36 DCR 6243 (September 1, 1989); as amended by Final Rulemaking published at 55 DCR 4330 (April 18, 2008); as amended by Notice of Final Rulemaking published at 57 DCR 11178 (November 26, 2010); as amended by Final Rulemaking published at 70 DCR 000095 (January 6, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6502

17 DCMR § 6503 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

6503.1 The Board may grant a license to practice pharmacy to an applicant who completed an educational program in a foreign country, which program was not recognized by the ACPE, if the applicant:

Meets all requirements of this chapter except for § 6502.1(a);

Demonstrates to the satisfaction of the Board that the applicant’s education and training are substantially equivalent to the requirements of this chapter and the Act by submitting the documentation required by this section;

Has completed a minimum of one thousand five hundred (1,500) hours of independent pre-licensure professional practice that provides experience in community, institutional, and clinical pharmacy practices under the supervision of a licensed pharmacist in the United States who is registered with the Board as the applicant’s preceptor;

Furnishes proof satisfactory to the Board that the applicant holds a pharmacy degree from a school of pharmacy with at least a five (5) year curriculum at the time of graduation, unless the applicant graduated prior to January 1, 2003, in which case a four (4) year curriculum will be accepted;

Possesses a Foreign Pharmacy Graduate Examination Committee (FPGEC) Certification; and

Received passing scores on the North American Pharmacist Licensure Examination (NAPLEX) or its successor, and the Multistate Pharmacy Jurisprudence Examination for the District of Columbia (MPJE) or its successor. The passing score of the NAPLEX and MPJE are the passing scores established by the National Association of Boards of Pharmacy on each test that forms a part of the examinations

6503.2 The independent pre-licensure professional practice required under § 6503.1(c) shall be completed within one (1) year after licensure as a pharmacy intern in the District of Columbia. However, the Board may grant up to a six (6)-month extension of this period for good cause shown.

6503.3 Credit for pre-licensure professional practice performed in the District of Columbia shall:

Not begin to accrue until the Board has registered the intern in accordance with the procedures set forth in § 6509 of this chapter;

Only be given for pre-licensure professional practice hours performed as part of a formalized internship program and under the supervision of the individual’s assigned preceptor; and

Not be given for more than forty-five (45) hours of pre-licensure professional practice hours per week.

6503.4 An applicant under this section shall submit with their completed application certified transcripts of the applicant’s pharmacy educational record(s). However, the Board may waive this requirement on a showing of extraordinary hardship if the applicant is able to establish by substitute documentation that the applicant possesses the requisite education and degrees.

6503.5 If a document required by this chapter is in a language other than English, the applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit to the Board a translation signed by the translator attesting to its accuracy.

6503.6 The Board may interview an applicant under this section to determine whether the applicant’s education or training meets the requirements of the Act and this chapter.

History

• SOURCE: Final Rulemaking published at 36 DCR 6243, 6245 (September 1, 1989); as amended by Final Rulemaking published at 37 DCR 2747, 2753 (May 4, 1990); as amended by Final Rulemaking published at 55 DCR 4330 (April 18, 2008); as amended by Final Rulemaking published at 70 DCR 000095 (January 6, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6503

17 DCMR § 6504 LICENSE BY EXAMINATION

6504.1 To qualify for a license by examination, an applicant shall:

(a) Meet the education requirements set forth under § 6502.1(a), or if the applicant was educated in a foreign country meet the requirements set forth under § 6503;

(b) Meet the training requirements set forth in § 6502 or § 6503;

(c) Receive a passing score on each test that forms a part of the NAPLEX, or its successor, which shall be the passing score as determined by the NABP;

(d) Receive a passing score on each test that forms a part of the MPJE for the District of Columbia, or its successor, which shall be the passing score as determined by the NABP;

(e) Be at least 18 years of age; and

(f) Have not been convicted of a crime involving moral turpitude or bearing directly on the fitness of the applicant to be licensed.

6504.2 An applicant for licensure by examination, who has previously successfully completed the NAPLEX and/or MPJE examinations, but has not actively engaged in the practice of pharmacy in the United States or was not actively licensed as a pharmacist in the United States for more than five (5) years prior to the date of the application, in addition to the other requirements of this section, shall be required to do the following in order to qualify for licensure under this section:

(a) Retake the NAPLEX and MPJE examinations; and

(b) Register as a Pharmacy Intern and complete an additional pharmacy internship consisting of seven hundred and fifty (750) hours of independent pre-licensure professional practice under the supervision of a licensed pharmacist who uses the standards for pre-licensure professional practice described in § 6502 of this chapter.

6504.3 To apply for a license by examination, an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

The applicant’s social security number on the application. If the applicant does not have a social security number, the applicant shall submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2"), which clearly expose the area from the top of the forehead to the bottom of the chin; and

(3) One (1) clear photocopy of a U.S. government-issued photo ID, such as a driver's license, as proof of identity.

(b) Submit official transcripts directly to the Board of Pharmacy from each educational institution in a manner, as directed on the application form, that ensures the authenticity of the transcripts, which shall verify that the applicant has successfully completed an educational program in the practice of pharmacy meeting the requirements set forth in § 6502.1(a) of this chapter;

(c) Applicants educated in foreign countries must submit a Foreign Pharmacy Graduate Examination Committee (FPGEC) Certification in lieu of an official transcript;

(d) Submit proof acceptable to the Board that the applicant has successfully completed a pharmacy internship meeting the training requirements set forth in § 6502 or § 6503 of this chapter;

(e) Pay all required fees; and

(f) Successfully complete the NAPLEX and MPJE examinations after receiving Board approval to take the examinations and arrange to have the score results sent directly to the Board.

6504.4 An applicant under this section shall successfully complete the NAPLEX and MPJE examinations within one (1) year from the date the Board approves the applicant to take the examinations.

6504.5 If an applicant under this section fails to successfully complete the NAPLEX and MPJE examinations within one (1) year from the date of approval to take the exam, his or her application shall be considered abandoned and closed by the Board. The applicant shall thereafter be required to reapply, comply with the current requirements for licensure, and pay the required fees.

6504.6 If an applicant under this section fails to successfully complete the NAPLEX and MPJE examinations within one (1) year from the date of approval to take the exam, then upon expiration of his or her supervised practice letter, the applicant shall immediately cease from practicing. Thereafter the applicant may perform only the duties of a pharmacy technician until the applicant receives a pharmacist license.

6504.7 A supervised practice letter issued under this section is not renewable and shall expire one (1) year from the date of issuance.

History

• SOURCE: Final Rulemaking published at 36 DCR 6243, 6246 (September 1, 1989); as amended by Final Rulemaking published at 37 DCR 2747, 2753 (May 4, 1990); as amended by Final Rulemaking published at 41 DCR 8091 (May 4, 1994); as amended by Final Rulemaking published at 55 DCR 4330 (April 18, 2008); as amended by Final Rulemaking published at 70 DCR 000095 (January 6, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6504

17 DCMR § 6505 LICENSE BY SCORE TRANSFER

6505.1 To qualify for a license by score transfer, an applicant shall:

(a) Meet the education requirements set forth under § 6502.1(a), or if the applicant was educated in a foreign country meet the requirements set forth under § 6503;

(b) Meet the training requirements set forth in § 6502 or § 6503;

(c) Have received a passing score on each test that forms a part of the NAPLEX, or its successor, which shall be the passing score as determined by the NABP;

(d) Receive a passing score on each test that forms a part of the MPJE for the District of Columbia, or its successor, which shall be the passing score as determined by the NABP;

(e) Be at least 18 years of age;

(f) Have not been convicted of a crime involving moral turpitude or bearing directly on the fitness of the applicant to be licensed; and

(g) Have requested a score transfer to the District of Columbia at the time the applicant applied to take his or her initial NAPLEX examination.

6505.2 To apply for a license by score transfer, an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

(1) The applicant’s social security number on the application. If the applicant does not have a social security number, the applicant shall submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number;

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2"), which clearly expose the area from the top of the forehead to the bottom of the chin; and

(3) One (1) clear photocopy of a U.S. government-issued photo ID, such as a driver's license, as proof of identity.

(b) Submit the NABP score transfer form with the application for licensure;

(c) Submit proof acceptable to the Board that the applicant has successfully completed a pharmacy internship meeting the training requirements set forth in § 6502 or § 6503 of this chapter;

(d) Pay all required fees; and

(e) Successfully complete the MPJE examination after receiving Board approval to take the examination and arrange to have the score result sent directly to the Board.

6505.3 An applicant under this section shall successfully complete the MPJE examination within one (1) year from the date the Board approves the applicant to take the examination.

6505.4 If an applicant under this section fails to successfully complete the MPJE examination within one (1) year from the date of approval to take the exam, his or her application shall be considered abandoned and closed by the Board. The applicant shall thereafter be required to reapply, comply with the current requirements for licensure, and pay the required fees.

6505.5 If an applicant under this section fails to successfully complete the MPJE examination within one (1) year from the date of approval to take the exam, then upon expiration of his or her supervised practice letter, the applicant shall immediately cease from practicing. Thereafter the applicant may become registered as a registered pharmacy technician, if he or she meets the requirements for registration, and perform only the duties of a registered pharmacy technician until the applicant receives a pharmacist license.

6505.6 A supervised practice letter issued under this section is not renewable and shall expire one (1) year from the date of issuance.

History

• SOURCE: Final Rulemaking published at 36 DCR 6243, 6246 (September 1, 1989); as amended by Final Rulemaking published at 55 DCR 4330 (April 18, 2008); as amended by Final Rulemaking published at 70 DCR 000095 (January 6, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6505

17 DCMR § 6506 LICENSE BY RECIPROCITY WITH LICENSURE TRANSFER

6506.1 To qualify for a license by reciprocity with license transfer, an applicant shall:

(a) Meet the education requirements set forth under § 6502.1(a), or if the applicant was educated in a foreign country meet the requirements set forth under § 6503;

(b) Have met the training requirements in the state in which his or her initial license was obtained;

(c) Have received a passing score on each test that forms a part of the NAPLEX, or its successor, which shall be the passing score as determined by the NABP;

(d) Receive a passing score on each test that forms a part of the MPJE for the District of Columbia, or its successor, which shall be the passing score as determined by the NABP;

(e) Be at least 18 years of age;

(f) Have not been convicted of a crime involving moral turpitude or bearing directly on the fitness of the applicant to be licensed; and

(g) Obtain a NABP licensure transfer to the District of Columbia.

6506.2 To apply for a license by reciprocity with licensure transfer, an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

(1) The applicant’s social security number on the application. If the applicant does not have a social security number, the applicant shall submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number;

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2"), which clearly expose the area from the top of the forehead to the bottom of the chin; and

(3) One (1) clear photocopy of a U.S. government-issued photo ID, such as a driver's license, as proof of identity.

(b) Submit the NABP licensure transfer form to the District of Columbia with the application for licensure;

(c) Pay all required fees; and

(d) Successfully complete the MPJE examination after receiving Board approval to take the examination and arrange to have the score result sent directly to the Board.

6506.3 An applicant under this section shall successfully complete the MPJE examination within six (6) months from the date the Board approves the applicant to take the examination.

6506.4 If an applicant under this section fails to successfully complete the MPJE examination within six (6) months from the date of approval to take the exam, his or her application shall be considered abandoned and closed by the Board. The applicant shall thereafter be required to reapply, comply with the current requirements for licensure, and pay the required fees.

6506.5 If an applicant under this section fails to successfully complete the MPJE examination within six (6) months from the date of approval to take the exam, then upon expiration of his or her supervised practice letter, the applicant shall immediately cease from practicing. Thereafter the applicant may become registered as a registered pharmacy technician, if he or she meets the requirements for registration, and perform only the duties of a registered pharmacy technician until the applicant receives a pharmacist license.

6506.6 A supervised practice letter issued under this section is not renewable and shall expire six (6) months from the date of issuance.

History

• SOURCE: Final Rulemaking published at 36 DCR 6243, 6247 (September 1, 1989); as amended by Final Rulemaking published at 52 DCR 3130 (March 25, 2005); as amended by Final Rulemaking published at 55 DCR 4330 (April 18, 2008); as amended by Final Rulemaking published at 70 DCR 000095 (January 6, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6506

17 DCMR § 6507 LICENSE BY RECIPROCITY WITH WAIVER OF LICENSURE TRANSFER FORM

6507.1 Only applicants who were previously licensed in the District of Columbia to practice pharmacy may apply for licensure by reciprocity with waiver of licensure transfer.

6507.2 To apply for a license by reciprocity with waiver of licensure transfer form, an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

The applicant’s social security number on the application. If the applicant does not have a social security number, the applicant shall submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number;

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2"), which clearly expose the area from the top of the forehead to the bottom of the chin; and

(3) One (1) clear photocopy of a U.S. government-issued photo ID, such as a driver's license, as proof of identity.

(b) Submit proof acceptable to the Board of previous licensure in the District of Columbia to practice pharmacy;

(c) Submit verification of current licensure in good standing in another state to practice pharmacy; and

(d) Pay all required fees.

History

• SOURCE: Final Rulemaking published at 36 DCR 6243, 6249 (September 1, 1989); as amended by Final Rulemaking published at 55 DCR 4330 (April 18, 2008); as amended by Final Rulemaking published at 70 DCR 000095 (January 6, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6507

17 DCMR § 6508 SUPERVISED PRACTICE OF PHARMACY

6508.1 Only the following persons may practice pharmacy under supervision:

(a) An applicant for a pharmacist license whose initial application for licensure is pending before the Board and who has received a supervised practice letter from the Board, but shall be limited to the same scope of duties as a registered pharmacy intern;

(b) A licensee who is working under supervised practice pursuant to an Order of the Board;

(c) A pharmacy intern who is registered with the Board, subject to the limitations set forth under District of Columbia law and regulations; or

(d) An applicant who is required pursuant to this chapter to complete professional practice hours in order to obtain licensure, reinstatement of licensure, or reactivation of licensure.

6508.2 A supervisor shall be responsible for ensuring that the individual(s) under his or her supervision is authorized to practice under supervision and may be subject to disciplinary action for supervising unlicensed or unauthorized personnel.

6508.3 For purposes of this section, supervision shall mean that the supervisor is physically present in the pharmacy area and shall include personal observation where appropriate, evaluation, oversight, review, and correction of services provided by the supervisee.

6508.4 A supervisor shall be fully responsible for supervised practice by a supervisee during the period of supervision, and is subject to disciplinary action for any violation of the Act or this chapter by the person being supervised.

6508.5 A supervisee shall be subject to all applicable provisions of the Act and this chapter.

6508.6 If the Board finds that a person practicing under supervision has violated the Act or this title, the Board may, in addition to any other disciplinary actions permitted by the Act, deny, revoke, suspend, or restrict the privilege of the supervisee to practice.

History

• SOURCE: Final Rulemaking published at 55 DCR 4330 (April 18, 2008).

17 DCMR § 6509 REGISTRATION OF PHARMACY INTERNS

6509.1 Except as provided in 6509.2 of this chapter, this section shall apply to pharmacy interns who are performing independent, pre-licensure professional practice in satisfaction of the internship required by § 6502 or § 6503 under the supervision of a pharmacist licensed in the District of Columbia.

6509.2 [REPEALED].

6509.3 A pharmacy intern is required to be registered with the Board as an intern before being employed as an intern in a pharmacy in the District or beginning an internship.

6509.4 Credit for internship hours performed in the District of Columbia shall not begin to accrue until the Board has registered the intern and shall only be given for pre-licensure professional practice hours performed as part of a formalized internship program and under the supervision of the individual's assigned preceptor.

6509.5 To qualify to register to perform a pharmacy internship, an applicant shall:

(a) Meet the education requirements set forth in § 6502 or § 6503, or be currently enrolled in an educational program in the practice of pharmacy at an ACPE-accredited school or a school pending initial ACPE accreditation;

(b) Be at least 18 years of age; and

(c) Have not been convicted of a crime involving moral turpitude or bearing directly on the fitness of the applicant to be registered.

6509.6 To register as a pharmacy intern, an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

The applicant’s social security number on the application. If the applicant does not have a social security number, the applicant shall submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number;

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2"), which clearly expose the area from the top of the forehead to the bottom of the chin; and

(3) One (1) clear photocopy of a U.S. government-issued photo ID, such as a driver's license, as proof of identity.

(b) Submit official transcripts directly to the Board of Pharmacy from each educational institution in a manner, as directed on the application form, that ensures the authenticity of the transcripts, which shall verify that the applicant has successfully completed an educational program in the practice of pharmacy meeting the requirements set forth in § 6502 or § 6503 of this chapter or is currently enrolled in an educational program in the practice of pharmacy at an ACPE accredited school;

(c) Applicants educated in foreign countries must submit a Foreign Pharmacy Graduate Examination Committee (FPGEC) Certification in lieu of an official transcript;

(d) Pay all required fees; and

(e) If the applicant is a foreign-trained student applying under § 6503, submit a completed preceptor form signed by the applicant’s preceptor which shall include:

(1) The name and District of Columbia pharmacist license number of the preceptor;

(2) The location where the internship will be performed;

(3) A description of the duties the intern will perform;

(4) The expected start date of the internship; and

(5) The Oath of Preceptor set forth in § 6511.3 of this chapter.

6509.7 For foreign-trained applicants registering as an intern, a registration as a pharmacy intern shall expire one (1) year from the date of its issuance. The Board may, in its discretion, renew a registration for successive periods of one (1) year for good cause shown if the pharmacy intern demonstrates due diligence in working toward completing the clinical internship requirement of § 6503.

6509.8 For applicants enrolled in a college of pharmacy at the time of registering as an intern, a registration as a pharmacy intern shall be valid until whichever of the following occurs first:

(a) While he or she is enrolled in a pharmacy program and for not more than one year after his or her graduation from the pharmacy program;

(b) Until such intern is expelled, suspended, dismissed or withdraws from an approved pharmacy program; or

(c) Until such intern becomes licensed as a pharmacist.

History

• SOURCE: Final Rulemaking published at 36 DCR 6243, 6250 (September 1, 1989); as amended by Final Rulemaking published at 55 DCR 4330 (April 18, 2008); as amended by Notice of Final Rulemaking published at 57 DCR 11178 (November 26, 2010); as amended by Final Rulemaking published at 70 DCR 000095 (January 6, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6509

17 DCMR § 6510 PRE-LICENSURE PROFESSIONAL PRACTICE OF PHARMACY INTERNS

6510.1 This section shall apply to pharmacy interns who are performing independent, pre-licensure professional practice in satisfaction of the internship required by § 6503 under the direct supervision of a pharmacist in the District, or who are otherwise registered with the Board to practice as a pharmacy intern.

6510.2 No person not properly registered with the Board as a pharmacy intern shall take, use, or exhibit the title of pharmacy intern, intern, extern, graduate pharmacist or any other similar title.

6510.3 A pharmacy intern may practice as an intern under the supervision of any pharmacist licensed in good standing in the District of Columbia. However, the Board shall only grant pre-licensure professional practice hours for those pharmacy tasks:

(a) Performed under the supervision of the intern's Board approved assigned preceptor; and

(b) Where the preceptor was physically present on the pharmacy premises and in the pharmacy area at the time.

6510.4 A pharmacy intern shall not change preceptors or worksites without first submitting a new preceptor form to the Board.

6510.5 A pharmacy intern shall not compound or dispense any drug by prescription except under the direct supervision of a pharmacist licensed under the Act who is physically present and guiding the action.

6510.6 A pharmacy intern shall not accept an oral prescription for a Schedule II controlled substance.

6510.7 A pharmacy intern may not perform a final review or exercise final decision-making with respect to any of the following without the prior review and approval of the licensed pharmacist: drug utilization review; clinical conflict resolution, prescriber contact concerning prescription drug order clarification or therapy modification; or dispensing process validation.

6510.8 A pharmacy intern shall be identified by badge as an intern while performing pharmacy tasks.

6510.9 A pharmacy intern shall not in any manner falsely represent or imply to the public that he or she is a pharmacist.

6510.10 A pharmacy intern shall not supervise another pharmacy intern, a pharmacy student, or a pharmacy technician.

History

• SOURCE: Final Rulemaking published at 36 DCR 6243, 6251 (September 1, 1989); as amended by Final Rulemaking published at 55 DCR 4330 (April 18, 2008); as amended by Final Rulemaking published at 70 DCR 000095 (January 6, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6510

17 DCMR § 6511 DUTIES OF A PRECEPTOR

6511.1 This section shall apply only to preceptors who are supervising pharmacy interns in the performance of independent, pre-licensure professional practice in satisfaction of the internship required by § 6503 of this chapter.

6511.2 To qualify to serve as a preceptor, a pharmacist shall:

(a) Be licensed in good standing to practice pharmacy in the District of Columbia;

(b) Have been engaged in the practice of pharmacy for at least two (2) years on a full-time basis immediately prior to serving as a preceptor; and

(c) Not currently be the subject of a disciplinary sanction or investigation in any jurisdiction.

6511.3 Prior to supervising a pharmacy intern, a preceptor shall sign the "Oath of Preceptor," which states as follows:

"I submit that I shall answer all questions concerning the training of the pharmacy intern under my supervision truthfully to the best of my knowledge and belief and that the training I provide will in accordance to the requirements set forth in 17 DCMR §§ Chapter 65 and the practice of pharmacy as required by law."

6511.4 Before allowing any person to work as a pharmacy intern, the preceptor shall verify that the person is currently registered with the Board.

6511.5 A preceptor shall ensure that a pharmacy intern’s training consists of learning experiences that are related to the practice of pharmacy, as that term is defined in the Act in community, institutional, or clinical pharmacy practice.

6511.6 A preceptor shall be responsible for the tasks performed by a pharmacy intern. A preceptor may be disciplined for any violation of the Act or this chapter in the performance of pharmacy tasks by the intern and under the preceptor's supervision.

6511.7 A preceptor shall not supervise more than one pharmacy intern at one time while the intern is on duty and performing internship tasks without prior approval by the Board. This provision shall not apply to students who are enrolled in ACPE accredited programs while performing clerkship hours toward fulfillment of graduation requirements.

6511.8 If the preceptor has evidence of, or strongly suspects, that the pharmacy intern may have violated any law or regulation regarding the practice of pharmacy, prescription drugs or controlled substances, the preceptor shall notify the Board in writing, within ten (10) days or immediately, if any danger to the public health or safety may exist.

History

• SOURCE: Final Rulemaking published at 36 DCR 6243, 6251 (September 1, 1989); as amended by Final Rulemaking published at 55 DCR 4330 (April 18, 2008); as amended by Final Rulemaking published at 70 DCR 000095 (January 6, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6511

17 DCMR § 6512 ADMINISTRATION OF IMMUNIZATIONS AND VACCINATIONS BY PHARMACISTS

6512.1 A pharmacist shall not administer immunizations and vaccinations unless certified by the Board of Pharmacy in accordance with this section to do so.

6512.2 An applicant for certification to administer immunizations and vaccinations shall do the following:

Submit a completed application and pay the required fee;

Demonstrate to the satisfaction of the Board that he or she:

(1) Is licensed in good standing under the Act to practice pharmacy;

Possesses an active certification in cardiopulmonary resuscitation for health care providers; and

Has successfully completed an ACPE approved course approved by the Board of Pharmacy which:

Is evidence-based;

Includes study material;

Includes hands-on training in techniques for administering immunizations or vaccines;

Requires testing with a passing score;

Meets current Center for Disease Control and Prevention training guidelines; and

Provides a minimum of twenty (20) hours of instruction and hands-on training in:

Basic immunology and vaccine protection;

Vaccine-preventable diseases;

Vaccine storage and management;

Informed consent;

Physiology and techniques for vaccine administration;

Pre and post-vaccine assessment and counseling;

Immunization record management; and

Identification, appropriate response, documentation, and reporting of adverse events.

6512.3 A pharmacist certified by the Board to administer immunizations and vaccinations shall:

(a) Maintain current certification in cardiopulmonary resuscitation for health care providers;

(b) Complete two (2) hours of continuing education each renewal period relevant to the administration of immunizations and vaccinations, as part of the continuing education credits required under subsection 6513.4 of this chapter and submit proof upon request to the Board; and

(c) Administer vaccines and immunizations in accordance with CDC guidelines.

6512.4 The location in the pharmacy where vaccinations and immunizations are

administered shall:

(a) Ensure privacy;

(b) Be maintained to promote an aseptic environment;

(c) Have adequate telecommunications devices to summon aid and communicate emergency situations; and

(d) Have adequate equipment and supplies to respond to adverse events and emergency situations

6512.5 (a) Except as provided in paragraph (b), a pharmacist certified by the Board to administer immunizations and vaccinations shall only administer immunizations and vaccinations pursuant to:

(1) A written protocol signed and dated by a District of Columbia licensed physician authorizing the administration upon receipt of a written protocol; and

(2) (A) A valid prescription; or

(B) Physician standing order.

(b) The requirement for a written protocol and prescription or a standing order with a District of Columbia licensed physician shall not apply to FDA-authorized or FDA-licensed COVID-19 vaccines, or seasonal influenza vaccinations, until November 1, 2024, or until Sections V(f) and V(h) of the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 (85 FR 15198, Mar. 17, 2020), as amended, expire, whichever occurs later.

6512.6 A copy of the written protocol required in § 6512.5 shall be maintained by the administering pharmacist at the pharmacy practice site and readily available for inspection upon request of the Board of Pharmacy or submitted to the Board for review upon request.

6512.7 The written protocol shall contain, at a minimum, the following:

(a) A statement identifying the individual physician authorized to prescribe drugs and responsible for the delegation of administration of immunizations or vaccinations;

(b) A statement identifying the individual pharmacist(s) authorized to administer immunizations or vaccinations as delegated by the physician;

(c) A statement identifying the patient or groups of patients to receive the authorized immunization or vaccination; which shall be limited to:

(1) Patients who are currently under the individual physician’s care or with whom the physician has provided medical treatment or care within the twelve months prior to the date of the written protocol;

(2) Patients who are currently under the practice’s care or with whom a physician within the practice has provided medical treatment or care within the twelve months prior to the date of the written protocol;

(3) Residents of a health care, residential services, or assisted living facility, when the medical director of such facility is the physician making the delegation;

(4) District resident populations identified by the Director of the Department of Health as part of a public health services program, when the Director, or his or her designee, is the physician making the delegation;

(5) Inmates of the District of Columbia jail, when the medical director for the facility is the physician making the delegation; or

(6) Any person aged three (3) and older with parental consent, or valid identification if eighteen (18) or older or otherwise capable of consenting to the vaccination pursuant to Section 2 of the Consent for Vaccinations of Minors Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-12; D.C. Official Code § 7-1653.01), for any vaccination that the Advisory Committee on Immunization Practices (“ACIP”) recommends according to ACIP’s standard immunization schedule, or any vaccination that ACIP recommends that has been officially adopted by the Director of the Centers for Disease Control and Prevention; and

A statement identifying the location(s) at which the pharmacist may administer immunizations or vaccinations which shall not include where a patient resides, except for a licensed nursing home, residential care facility, assisted living center, the District of Columbia jail, or a hospital;

(e) A statement identifying the immunizations and vaccinations and emergency anaphylactic reaction treatment that may be administered by the pharmacist;

(f) A statement identifying the activities the pharmacist shall follow in the course of administering immunizations and vaccinations, including procedures to follow in the case of reactions following administration; and

(g) A statement that describes the content of, and the appropriate mechanisms for the pharmacist to report the administration of immunizations and vaccinations to both the patient’s primary physician, if applicable and sufficiently identified by the patient, and to the physician issuing the written protocol, if not the same person, within the time frames specified in the protocol; which shall include providing the physician(s) with a copy of the following records:

(1) The name, address, gender, allergies, and date of birth of the individual receiving the immunization or vaccination;

(2) The date of administration;

(3) The route and site of the immunization or vaccination;

(4) The name, dose, manufacturer’s lot number, and expiration date of the vaccine;

(5) The name of the pharmacist administering the immunization or vaccination; and

(6) Any adverse events encountered.

6512.8 The pharmacist shall review the written protocol annually with the physician.

6512.9 Except as provided in § 6512.10, a pharmacist certified by the Board of Pharmacy to administer immunizations and vaccinations shall not administer an immunization or vaccination to any individual younger than three (3) years old.

6512.10 A pharmacist certified by the Board of Pharmacy to administer immunizations and vaccinations shall only administer an immunization or vaccination to an individual under the age of three (3) upon a referral from a physician who has an established physician-patient relationship with the patient.

6512.11 Except as provided in § 6512.12, a pharmacist certified to administer immunizations and vaccinations shall not delegate any function or duty, in part or in whole, pertaining to the administration of immunizations and vaccinations.

6512.12 A pharmacist certified to administer immunizations and vaccinations may permit a registered pharmacy intern or registered pharmacy technician to administer FDA-authorized or FDA-licensed COVID-19 vaccines, or seasonal influenza vaccinations, under the pharmacist’s direct supervision to an individual who is eighteen (18) years of age or older; provided, that the registered pharmacy intern or registered pharmacy technician has successfully completed a Board of Pharmacy-approved ACPE-approved course meeting the requirements of § 6512.2(b)(3).

6512.13 Every patient receiving an immunization or vaccination by a pharmacist certified to do so, shall be provided with:

(a) A current vaccine information statement; and

(b) A copy of the administration records required in § 6512.7(g).

6512.14 The pharmacist shall obtain the patient’s informed written consent prior to administering the immunization or vaccination.

6512.15 As part of the informed consent, the practitioner and the pharmacist shall provide written disclosure to the patient of any contractual arrangement with any other party or any financial incentive that may impact one of the party's decisions to participate in the agreement.

6512.16 The pharmacist shall maintain a copy of the patient’s informed written consent on file at the pharmacy practice site where the administration was given for a period of two (2) years after the date of administration.

6512.17 The pharmacist shall maintain documentation at the pharmacy practice site where the immunization or vaccination was administered for a period of two (2) years that includes:

(a) The name, address, gender, allergies and date of birth of the individual receiving the immunization or vaccination;

(b) The date of administration

(c) The route and site of the immunization or vaccination;

(d) The name, dose, manufacturer’s lot number, and expiration date of the vaccine;

(e) The name and address of the primary health care provider of the individual receiving the immunization or vaccination as identified to the pharmacist by that individual;

(f) The date on which the vaccination or immunization information was reported to the delegating physician and to the primary care physician, if applicable;

(g) The name of the pharmacist administering the immunization or vaccination;

(h) The version of the vaccination information statement provided to the patient;

(i) A copy of the signed patient informed consent form; and

(j) Any adverse events encountered.

6512.18 The records required to be maintain pursuant to this chapter shall be readily available for inspection upon request of the Board of Pharmacy or submitted to the Board for review upon request.

A pharmacist certified under this chapter may administer the vaccinations and immunizations, and emergency anaphylactic reaction treatment deemed appropriate by the delegating physician as specifically set forth in the written protocol.

The administering pharmacist shall report the immunizations and vaccinations administered as required under any federal or District Immunization Information System or Immunization Registry or as otherwise agreed in the written protocol.

The administering pharmacist shall report any adverse event, which occurs in connection with or related to an administration to:

The Department of Health’s Pharmaceutical Control Division within forty-eight (48) hours after discovery of the occurrence; and

The Director of the Department of Health as required under the District’s Mandatory Adverse Event Reporting law and regulations in D.C. Official Code § 7-161 (2011 Supp.) and 17 DCMR § 4017.4.

History

• SOURCE: Final Rulemaking published at 36 DCR 6243, 6252 (September 1, Final Rulemaking published at 36 DCR 6243, 6252 (September 1, 1989); as amended by Final Rulemaking published at 55 DCR 4330 (April 18, 2008); as amended by Final Rulemaking published at 56 DCR 5566 (July 10, 2009); as amended by Emergency and Proposed Rulemaking published at 56 DCR 8204 (October 16, 2009)[EXPIRED]; as amended by Final Rulemaking published at 56 DCR 9325-9326 (December 11, 2009; as corrected by Errata Notice published at 57 DCR 10514 (November 12, 2010); as corrected by Errata Notice published at 57 DCR 10761 (November 19, 2010); as amended by Notice of Final Rulemaking published at 59 DCR 3363 (June 8, 2012); as amended by Final Rulemaking published at 70 DCR 013178 (October 6, 2023); as amended by Final Rulemaking published at 71 DCR 002151 (March 1, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6512

17 DCMR § 6513 CONTINUING EDUCATION REQUIREMENTS

6513.1 Except as provided in § 6513.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a pharmacist license.

6513.2 This section shall not apply to applicants for an initial license by examination or reciprocity, nor does it apply to applicants for the first renewal of a license.

6513.3 A continuing education credit shall be valid only if it is part of a program approved by the Board in accordance with § 6514 of this chapter.

6513.4 For the licensure period ending February 28, 2021, an applicant for renewal of a license shall:

Have completed a minimum of forty (40) contact hours of continuing education credit in approved programs during the two (2) year period preceding the date the license expires, all of which may be satisfied through approved online courses, and which shall include at least:

Two (2) hours in Human Immunodeficiency Virus (HIV) training;

Two (2) hours in medication/dispensing errors training; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10(b)(5); and

Attest to completion of the required continuing education credits on the renewal application form; and

Be subject to a random audit.

6513.5 Beginning with the licensure period ending February 28, 2023, an applicant for renewal of a license shall:

Have completed a minimum of forty (40) contact hours of continuing education credit in approved programs during the two (2) year period preceding the date the license expires, which shall include at least:

Two (2) hours in medication/dispensing errors training;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10(b)(5); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website; and

Attest to completion of the required continuing education credits on the renewal application form; and

Be subject to a random audit.

6513.6 With the exception of the licensure renewal period ending February 28, 2021, not more than thirty (30) contact hours of continuing education credit may be accepted in any renewal period, or for reinstatement or reactivation of a license for approved home study or other mediated instruction continuing education courses.

6513.7 With the exception of the licensure renewal period ending February 28, 2021, a minimum of ten (10) contact hours of the required continuing education credits for renewal, reinstatement, or reactivation of a license shall be obtained by attendance at live continuing education programs.

6513.8 For the licensure period ending February 28, 2021, to qualify for a license, a person in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11) for five (5) years or less, who submits an application to reactivate a license, shall submit proof, pursuant to § 6513.14, of having completed twenty (20) contact hours of approved continuing education credit in the year immediately preceding the date of the application, all of which may be satisfied through approved online courses, and which shall include at least:

(a) Two (2) hours in Human Immunodeficiency Virus (HIV) Training;

(b) Two (2) hours in medication/dispensing errors training; and

(c) Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”), meeting the requirements of D.C. Official Code § 3-1205.10(b)(5).

6513.9 Beginning with the licensure period ending February 28, 2023, to qualify for a license, a person in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11) for five (5) years or less, who submits an application to reactivate a license, shall submit proof, pursuant to § 6513.14, of having completed twenty (20) contact hours of approved continuing education credit in the year immediately preceding the date of the application, which shall include at least:

(a) Two (2) hours in medication/dispensing errors training;

(b) Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”), meeting the requirements of D.C. Official Code § 3-1205.10(b)(5); and

(c) At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

6513.10 For the licensure period ending February 28, 2021, to qualify for a license, a person in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11) for more than five (5) years, who submits an application to reactivate a license shall submit proof, pursuant to § 6513.14, of having completed approved continuing education credit in the year immediately preceding the date of the application, as follows:

(a) Forty (40) contact hours of approved continuing education credit, all of which may be satisfied through approved online courses, and which shall include at least:

(1) Two (2) hours in Human Immunodeficiency Virus (HIV) training;

(2) Two (2) hours in medication/dispensing errors training; and

(3) Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”), meeting the requirements of D.C. Official Code § 3-1205.10(b)(5); and

(b) One hundred sixty (160) hours within a sixty (60) day period of professional practice under the supervision of a pharmacist performing tasks listed in § 6502.2(a).

6513.11 Beginning with the licensure period ending February 28, 2023, to qualify for a license, a person in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11) for more than five (5) years, who submits an application to reactivate a license shall submit proof, pursuant to § 6513.14, of having completed approved continuing education credit in the year immediately preceding the date of the application as follows:

(a) Forty (40) contact hours of approved continuing education credit which shall include at least:

(1) Two (2) hours in medication/dispensing errors training;

(2) Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”), meeting the requirements of D.C. Official Code § 3-1205.10(b)(5); and

(3) At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website; and

(b) One hundred sixty (160) hours within a sixty (60) day period of professional practice under the supervision of a pharmacist performing tasks listed in § 6502.2(a).

6513.12 For the licensure period ending February 28, 2021, to qualify for a license, an applicant for reinstatement of a license shall submit proof, pursuant to § 6513.14, of having completed approved continuing education credit in the year immediately preceding the date of the application as follows:

(a) Forty (40) contact hours of approved continuing education credit, all of which may be satisfied through approved online courses, and which shall include at least:

(1) Two (2) hours in Human Immunodeficiency Virus (HIV) Training;

(2) Two (2) hours in medication/dispensing errors training; and

(3) Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”), meeting the requirements of D.C. Official Code § 3-1205.10(b)(5); and

(b) One hundred sixty (160) hours within a sixty (60) day period of professional practice under the supervision of a pharmacist performing tasks listed in § 6502.2(a).

6513.13 Beginning with the licensure period ending February 28, 2023, to qualify for a license, an applicant for reinstatement of a license shall submit proof, pursuant to § 6513.14, of having completed approved continuing education credit in the year immediately preceding the date of the application as follows:

(a) Forty (40) contact hours of approved continuing education credit which shall include at least:

(1) Two (2) hours in medication/dispensing errors training;

(2) Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”), meeting the requirements of D.C. Official Code § 3-1205.10(b)(5); and

(3) At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website; and

(b) One hundred sixty (160) hours within a sixty (60) day period of professional practice under the supervision of a pharmacist performing tasks listed in § 6502.2(a).

6513.14 Except as provided in § 6513.16, an applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion, by signature or stamp.

6513.15 The Board shall conduct a random audit of continuing education credits at the completion of each renewal period.

6513.16 Applicants for renewal of a license shall only be required to prove completion of the required continuing education credits by submitting proof pursuant to § 6513.14 if requested to do so as part of the random audit, or if otherwise requested to do so by the Board.

6513.17 Persons selected as a part of the Board’s random audit shall provide all requested documentation within no more than thirty (30) calendar days after receipt of the audit request or having been deemed served with receipt, whichever comes first.

6513.18 An applicant for renewal of a license who fails to renew the license by the date the license expires may renew the license for up to sixty (60) days after the date of expiration by completing the application, submitting the required supporting documents, and paying the required late fee. Upon renewal, the applicant shall be deemed to have possessed a valid license during the period between the expiration of the license and the renewal thereof.

6513.19 If an applicant for renewal of a license fails to renew the license and pay the late fee within sixty (60) days after the expiration of applicant's license, the license shall be considered to have lapsed on the date of expiration. The applicant shall thereafter be required to apply for reinstatement of an expired license and meet all requirements and fees for reinstatement.

6513.20 The Board may, in its discretion, grant an extension of the sixty (60) day period, up to a maximum of one (1) year, to renew after expiration if the applicant's failure to renew was for good cause. As used in this section, "good cause" includes the following:

(a) Serious and protracted illness of the applicant; and

(b) The death or serious and protracted illness of a member of the applicant's immediate family.

6513.21 An extension granted under this section shall not exempt the pharmacist from complying with the continuing education requirements for any other renewal period.

History

• SOURCE: Final Rulemaking published at 55 DCR 4330 (April 18, 2008); as amended by Final Rulemaking published at 64 DCR 6624 (July 14, 2017); as amended by Final Rulemaking published at 67 DCR 7461 (June 12, 2020); as amended by Final Rulemaking published at 68 DCR 2295 (February 26, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6513

17 DCMR § 6514 APPROVED CONTINUING EDUCATION PROGRAMS

6514.1 The Board may, in its discretion, approve continuing education programs that contribute to the growth of an applicant in professional competence in the practice of pharmacy and which meet the other requirements of this section.

6514.2 The Board may approve continuing education programs that meet the requirements of § 6514.3 and provide instruction in one of the following subjects:

(a) Properties and actions of drugs and drug dosage forms;

(b) Etiology, characteristics, and therapeutics of the disease state;

(c) Pharmaceutical practice;

(d) Legal, psychological, and socio-economic aspects of health care delivery; or

(e) Principles, techniques, and theories of pharmacy management and administration.

6514.3 To qualify for approval by the Board, a continuing education program shall be a lecture, conference, seminar, course of instruction, or workshop and be prepared, offered, or administered by one of the following:

(a) Providers approved by the ACPE;

(b) The Accreditation Council for Continuing Medical Education (sponsored or co-sponsored) and designated as an American Medical Association Physician's Recognition Award Category 1 program by the sponsoring organization;

(c) A governmental unit;

(d) A health care facility; or

(e) An institution of higher learning recognized by an accrediting body approved by the Secretary of the United States Department of Education.

6514.4 The Board may issue a list of approved continuing education programs.

6514.5 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

6514.6 The Board may approve the following continuing education activities by an applicant:

(a) Serving as an instructor or speaker at a lecture, conference, seminar, workshop, course of instruction, or in-service training; and

(b) Publication of an article or book review in a professional journal or bulletin or publication of a book or chapter in a book.

History

• SOURCE: Final Rulemaking published at 55 DCR 4330 (April 18, 2008).

17 DCMR § 6515 CONTINUING EDUCATION CREDITS

6515.1 A contact hour shall consist of at least fifty (50) minutes of instruction in an approved continuing education program and shall equal one-tenth (0.1) of a continuing education credit ("CEU").

6515.2 For approved undergraduate or graduate courses, each semester hour of credit constitutes fifteen (15) contact hours of continuing education credit, and each quarter hour constitutes ten (10) contact hours of continuing education credit.

6515.3 The Board may grant a maximum of ten (10) contact hours of continuing education credits per year to an applicant who attends in-service education programs.

6515.4 The Board may grant credit for both preparation and presentation time to an applicant who serves as an instructor or speaker at an acceptable program, subject to the following restrictions:

(a) The maximum amount of credit which may be granted for preparation time is twice the amount of the associated presentation time; and

(b) The maximum amount of credit which may be granted pursuant to this subsection is fifty percent (50%) of an applicant's continuing education requirement; and

(c) The presentation must have been completed during the period for which credit is claimed.

6515.5 The Board may grant an applicant who is an author or editor of a published book in the field of pharmacy thirty (30) contact hours of continuing education credits, if the book has been published or accepted for publication during the period for which credit is claimed, and the applicant submits proof of this fact with the application.

6515.6 The Board may grant an applicant who is an author of a published original paper in the field of Pharmacy eight (8) contact hours of continuing education credits, subject to the same restrictions set forth for books in § 6515.5.

6515.7 The Board may grant an applicant who is the sole author of a published book review, review paper, or abstract, in the field of Pharmacy, two (2) contact hours of continuing education credits, subject to the same restrictions set forth for books in § 6515.5.

History

• SOURCE: Final Rulemaking published at 55 DCR 4330 (April 18, 2008).

17 DCMR § 6516 COVID-19 TESTING BY PHARMACISTS

6516.1 A pharmacist licensed in good standing in the District of Columbia shall only perform COVID-19 tests as set forth in this section.

6516.2 For purposes of this section, the terms "COVID-19 test” and “COVID-19 testing” shall refer to COVID-19 diagnostic tests, COVID-19 antibody tests, and any other tests and testing mechanisms for COVID-19 that are approved by the United Stated Food and Drug Administration (FDA), or that are authorized under a FDA Emergency Use Authorization (EUA), and for which a waiver has been granted under § 2 of the Clinical Laboratory Improvement Amendments Act (42 U.S.C. § 263a) (CLIA).

6516.3 For purposes of this section, the phrase “administer COVID-19 tests” or “administer COVID-19 testing” shall mean to administer a diagnostic COVID-19 test to a patient.

6516.4 For purposes of this section, the phrase “observe and facilitate collection of self-administered COVID-19 tests” or “observe and facilitate collection of self-administered COVID-19 testing” shall mean to observe a patient self-administer a diagnostic COVID-19 test to himself or herself.

6516.5 For purposes of this section, the phrase “administer COVID-19 antibody test” or “administer COVID-19 serology test” shall mean to obtain a specimen from a patient through fingerstick, nasal swab, or other CLIA-waived point of care test for purposes of testing for COVID-19 antibodies.

6516.6 For purposes of this section, the phrase “processing a COVID-19 antibody test” shall mean to analyze a specimen through the use of a CLIA-waived testing mechanism to detect the presence of COVID-19 antibodies.

6516.7 Only a pharmacist licensed in good standing in the District of Columbia shall administer, or supervise a licensed pharmacy intern, or registered pharmacy technician in administering, diagnostic COVID-19 testing.

6516.8 The location site where diagnostic COVID-19 testing is administered shall meet the requirements set forth in § 6516.9 or § 6516.10 of this chapter.

6516.9 A COVID-19 testing location operated by a pharmacy in a non-institutional pharmacy setting that performs diagnostic COVID-19 testing shall:

(a) Be an outdoor location in close proximity to the pharmacy building, such as a parking lot; which may include drive up, curbside, or walk up access;

(b) Not be located within six (6) feet of the entrance of the pharmacy building;

(c) Have and follow a plan for the safe operation of the testing site, and an infection control plan; and

(d) Maintain a record of all patients who have undergone COVID-19 testing at the testing location. This information shall be maintained by the pharmacy for at least one year unless otherwise directed by the Department of Health.

6516.10 A COVID-19 testing location operated by a pharmacy in an off-site location that performs diagnostic COVID-19 testing shall by approved by the Director, subject to inspection by the Department, and comply with all relevant Center for Disease Control and Prevention (“CDC”) requirements and guidelines for the operation of testing locations available on the CDC website (www.cdc.gov), as they may be from time to time amended.

6516.11 All pharmacists, pharmacy interns, and pharmacy technicians involved in

administering diagnostic COVID-19 testing shall comply with current CDC requirements and guidelines for personnel collecting specimens or working within six (6) feet of patients available on the CDC website (www.cdc.gov), as they may be from time to amended.

6516.12 The pharmacist-in-charge of a pharmacy where diagnostic COVID-19 testing will be administered, shall:

Implement appropriate policies and procedures for the safe performance of COVID-19 testing at that location, which shall include ensuring compliance with current CDC requirements and guidelines for appropriate training, collection procedures, availability and use of PPE, and proper disposal of used PPE available on the CDC website (www.cdc.gov), as they may be from time to time amended; and

(b) Staff the pharmacy in a manner to ensure that the pharmacist(s) who is administering or supervising the administration of diagnostic COVID-19 testing is engaged solely in administering or supervising the administration of diagnostic COVID-19 testing and is not dispensing prescriptions or counseling patients in between administering COVID-19 testing. The pharmacist performing COVID-19 testing shall only dispense prescriptions and counsel patients after all COVID-19 testing has been completed for the period during which he or she has been assigned to perform testing, after properly disposing of his or her PPE, and after thoroughly washing his or her hands.

6516.13 Only a pharmacist licensed in good standing in the District of Columbia shall observe and facilitate collection of self-administered COVID-19 testing or supervise a licensed pharmacy intern or registered pharmacy technician in observing and facilitating collection of self-administered COVID-19 testing.

6516.14 The location site where authorized pharmacy personnel observe and facilitate collection of self-administered COVID-19 testing occurs shall meet the requirements set forth in § 6516.10 or § 6516.15 of this chapter.

6516.15 Except as provided in § 6516.10 or § 6516.16, a COVID-19 testing location operated by a pharmacy in a non-institutional pharmacy setting where authorized pharmacy personnel observe and facilitate collection of self-administered COVID-19 testing shall:

(a) Be an outdoor location in close proximity to the pharmacy building, such as a parking lot; which may include drive up, curbside, or walk up access;

(b) Not be located within six (6) feet of the entrance of the pharmacy building;

(c) Have and follow a plan for the safe operation of the testing site, and an infection control plan; and

(d) Maintain a record of all patients who have undergone COVID-19 testing at the testing location. This information shall be maintained by the pharmacy for at least one year unless otherwise directed by the Department of Health.

6516.16 A COVID-19 testing location operated by a pharmacy in a non-institutional setting where authorized pharmacy personnel observe and facilitate collection of self-administered COVID-19 testing may perform the observation through a drive through window only if the pharmacy complies with the requirements set forth below:

The pharmacy implements procedures for a contactless and one-way directional observation and collection process, which shall ensure that nothing passes from the patient into the pharmacy including identification cards, payment, testing orders, or writing utensils;

All pharmacy personnel shall remain greater than six (6) feet from the patient or behind a closed glass window at all times during the observation and collection; and

The patient places the sealed specimen directly into an outdoor collection bin without aid or assistance from any pharmacy personnel.

6516.17 All pharmacists, pharmacy interns, and pharmacy technicians who observe and facilitate collection of self-administered COVID-19 testing shall comply with current CDC requirements and guidelines for PPE for personnel who are handling specimens but not directly involved in collection and who are not working within six (6) feet of the patient available on the CDC website (www.cdc.gov), as they may be from time to time amended.

6516.18 The pharmacist-in-charge of a pharmacy where authorized pharmacy personnel observe and facilitate collection of self-administered COVID-19 testing, shall implement appropriate policies and procedures for the safe performance of COVID-19 testing at that location, which shall include ensuring compliance with current CDC requirements and guidelines for appropriate training, collection procedures, availability and use of PPE, proper disposal of used PPE, and appropriate staffing levels available on the CDC website (www.cdc.gov), as they may be from time to time amended.

6516.19 Only a pharmacist licensed in good standing in the District of Columbia shall administer or supervise a licensed pharmacy intern, or registered pharmacy technician to administer a COVID-19 antibody or serology test.

6516.20 The location site where COVID-19 antibody or serology testing is administered which requires removal of a patient’s mask, or in which the patient’s sputum or other bodily fluids may potentially become aerosolized, shall meet the requirements set for in § 6516.9 or § 6516.10 of this chapter.

6516.21 The location site where COVID-19 antibody or serology testing occurs using fingerstick or other point of care testing in which there is no potential for the patient’s bodily fluids to become aerosolized, shall meet the requirements set forth in § 6516.22 of this chapter.

6516.22 A COVID-19 testing location operated by a pharmacy in a non-institutional setting where authorized pharmacy personnel administer COVID-19 antibody or serology testing in which there is no potential for the patient’s bodily fluids to become aerosolized shall:

Ensure patient privacy;

Have and follow a plan for the safe operation of the testing site, and an

infection control plan; and

(c) Maintain a record of all patients who have undergone COVID-19 testing at the testing location. This information shall be maintained by the pharmacy for at least one year unless otherwise directed by the Department of Health.

6516.23 All pharmacists, pharmacy interns, and pharmacy technicians who administer COVID-19 antibody or serology testing shall comply with current CDC requirements and guidelines for PPE for personnel who are handling specimens but not directly involved in collection and who are not working within six (6) feet of the patient available on the CDC website (www.cdc.gov), as they may be from time to time amended.

6516.24 The pharmacist-in-charge of a pharmacy where authorized pharmacy personnel administer COVID-19 antibody or serology testing, shall implement appropriate policies and procedures for the safe performance of COVID-19 testing at that location, which shall include ensuring compliance with current CDC requirements and guidelines for appropriate training, collection procedures, availability and use of PPE, proper disposal of used PPE, and appropriate staffing levels available on the CDC website (www.cdc.gov) as they may be from time to time amended.

6516.25 Prior to performing COVID-19 testing, a pharmacist shall review and familiarize himself/herself with the Center for Disease Control’s “Interim Guidelines for Collecting, Handling, and Testing Clinical Specimens from Persons for Coronavirus Disease 2019 (COVID-19)” available on the CDC website (www.cdc.gov) as they may be from time to time amended, and ensure that the pharmacist and authorized pharmacy personnel have appropriate PPE to safely perform the testing.

6516.26 The health care practitioner who orders the COVID-19 test, who may be the same pharmacist who administers the test, shall be responsible for receiving the test results and directing a patient with a positive test result to receive care and monitoring.

History

• SOURCE: Final Rulemaking published at 68 DCR 8891 (August 27, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6516

17 DCMR § 6517 SELF-ADMINISTERED HORMONAL CONTRACEPTIVE PRESCRIPTIONS

6517.1 For the purposes of this section only, the following terms shall have the meanings ascribed:

“Certified pharmacist” means a pharmacist licensed under this Chapter who is certified pursuant to this section to prescribe and dispense up to a twelve (12)-month supply of self-administered hormonal contraceptive.

“Protocol” means a document developed by the Boards of Pharmacy and Medicine that provides rules for certified pharmacists to determine if a prescription for a self-administered hormonal contraceptive is medically appropriate using the information provided by the patient in the self-screening questionnaire.

“Self-administered hormonal contraceptive” means a medication to prevent pregnancy containing hormones approved by the U.S. Food and Drug Administration that is administered by the patient orally, transdermally, or vaginally.

“Self-screening questionnaire” means a document developed by the Boards of Pharmacy and Medicine, based on the current United States Medical Eligibility Criteria for Contraceptive Use developed by the Centers for Disease Control and Prevention, that a patient will use to provide basic information used by a certified pharmacist to determine if a prescription is medically appropriate.

6517.2 A licensed pharmacist may be certified by the Department of Health (the “Department”) to prescribe and dispense up to a twelve (12)-month supply of self-administered hormonal contraceptive if the licensed pharmacist:

Possesses a Doctorate in Pharmacy, or

(b) Undergoes a training program approved by the Boards of Medicine and Pharmacy for prescribing and dispensing self-administered hormonal contraceptives.

6517.3 Only pharmacists certified by the Department pursuant to this section are eligible to prescribe and dispense self-administered hormonal contraceptives. Only the certified pharmacist who prescribes the self-administered hormonal contraceptive shall dispense it to the individual for whom it was prescribed.

6517.4 The certified pharmacist shall make information concerning all forms of contraception, including Long-Acting Reversible Contraceptives, approved by the U.S. Food and Drug Administration available to the patient using, at a minimum, the information pamphlet developed by the Board of Pharmacy and the Department before prescribing a self-administered hormonal contraceptive to the patient.

6517.5 The patient shall complete the self-screening questionnaire developed by the Boards of Pharmacy and Medicine, which shall identify patient risk factors for the use of self-administered hormonal contraceptives, based on the current United States Medical Eligibility Criteria for Contraceptive Use developed by the Centers for Disease Control and Prevention.

6517.6 The certified pharmacist shall determine if a prescription for self-administered hormonal contraceptives is medically appropriate, and the duration of the prescription if it is, based on the assessment of the self-screening questionnaire using the protocol developed by the Boards of Pharmacy and Medicine.

6517.7 The certified pharmacist shall obtain the patient’s informed consent to the contraceptive to be prescribed before prescribing and dispensing a self-administered hormonal contraceptive to the patient. A person under eighteen (18) years of age may provide informed consent to the contraceptive pursuant to subsection 22-B DCMR § 600.7.

6517.8 When a self-administered hormonal contraceptive is prescribed and dispensed, the certified pharmacist shall provide the patient, in a manner that ensures patient confidentiality, the following:

Appropriate counseling and information on the product furnished, including dosage, effectiveness, potential side effects, and safety;

Information about the importance of receiving recommended preventative health screenings; and

Counseling that a self-administered hormonal contraceptive does not protect against sexually transmitted infections.

6517.9 Upon prescribing and dispensing a self-administered hormonal contraceptive pursuant to this section, or if it is determined that the use of a self-administered hormonal contraceptive is not recommended, the certified pharmacist shall, using the Hormonal Contraceptive Referral and Visit Summary form developed by the Board of Pharmacy, refer the patient to the patient’s primary care provider or reproductive health provider. If the patient does not have a primary care provider or reproductive health provider, the certified pharmacist shall, using the Hormonal Contraceptive Referral and Visit Summary form developed by the Board of Pharmacy, refer the patient to a nearby clinic for continuing health care.

6517.10 In order to obtain a subsequent prescription of a self-administered hormonal contraceptive prescription from a pharmacist, a patient must verify in the self-screening assessment that a primary care physician or reproductive health provider has examined them within the twelve (12) month period prior to the date the subsequent prescription.

6517.11 The certified pharmacist shall maintain records at the pharmacy practice site where the prescription was written and administered in accordance with the requirements of 22-B DCMR § 1913. In addition to the information required pursuant to 22-A DCMR § 1913.4, the records shall include:

The self-screening questionnaire completed by the patient and the certified pharmacist;

The prescription, if the contraceptive was prescribed; and

A copy of the Hormonal Contraceptive Referral and Visit Summary which shall contain the following:

The patient’s informed consent to the contraception, if prescribed; and

The referral for continuing health care to either the patient’s primary care provider or reproductive health provider, or to a nearby clinic, whichever is applicable.

6517.12 The records required to be maintained pursuant to this section shall be readily available for inspection upon request of the Board of Pharmacy or submitted to the Board of Pharmacy for review upon request.

6517.13 The pharmacy at which the certified pharmacist practices shall display in its stores and online a list of the times during which the certified pharmacist is available.

6517.14 The Board of Pharmacy shall maintain a list of all certified pharmacists, including the location of the pharmacies where the certified pharmacists practice, and shall make the list readily accessible to the public.

6517.15 The Board of Pharmacy shall provide all pharmacists licensed by the District annual notice of the requirements of this section, including opportunities for training.

History

• SOURCE: Final Rulemaking published at 71 DCR 015072 (December 13, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6517

17 DCMR § 6518 [REPEALED]

History

• SOURCE: Final Rulemaking published at 36 DCR 6243, 6253 (September 1, 1989); as amended by Final Rulemaking published at 70 DCR 000095 (January 6, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6518

17 DCMR § 6599 DEFINITIONS

6599.1 As used in this chapter, the following terms have the meanings ascribed:

ACPE - The Accreditation Council for Pharmaceutical Education.

Act - The District of Columbia Health Occupation Revision Act of 1985 ("Act"), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01 et seq.)

Adulterated drug or device - an adulterated drug or device as defined in § 501 of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 351.

Applicant - a person applying for a license to practice pharmacy under this chapter.

Board - the Board of Pharmacy, established by § 208 of the Act, D.C. Code § 2-3302.8 (1988).

Coded prescription - a prescription employing words and symbols chosen by the prescriber and a cooperating pharmacist for secrecy from other pharmacists.

Contact hour - a period of at least fifty (50) minutes of instruction in a continuing education program. One (1) contact hour equals one-tenth (0.1) of a continuing education credit.

Department - The District of Columbia Department of Health.

Director - The Director of the District of Columbia Department of Health.

Distribution - the actual, constructive, or attempted transfer from one person to another, other than by administering or dispensing, of a drug or medical device whether or not there is an agency relationship.

Enrolled in a pharmacy program - In order to be considered enrolled in a school of pharmacy, a person shall not be absent from school for more than two (2) consecutive semesters or three (3) consecutive quarters.

FPGEC - Foreign Pharmacy Graduate Examination Committee.

Home-Study and other Mediated Instruction - Covers all continuing education activities, including Internet courses, which do not provide for direct interaction between faculty and participants and may include audio tapes, video tapes, cable television, computer assisted instruction, journal articles, monographs, etc.

MPJE - Multistate Pharmacy Jurisprudence Examination for the District of Columbia

NABP - National Association of Boards of Pharmacy

NAPLEX - North American Pharmacist Licensure Examination

Pharmacist - a person licensed to practice pharmacy under the Act.

Pharmacy intern - a person registered in the District to practice pharmacy under the direct supervision of a pharmacist and who is fulfilling internship (sometimes called externship) requirements in accordance with the chapter.

Preceptor - means a pharmacist licensed in good standing in the District, who has been approved by the Board to supervise the pre-licensure professional practice of a pharmacy intern.

Prescriber - a health professional licensed in the United States and authorized by law to prescribe the particular drug or device.

Prescription Drug - one of the following drugs:

(a) A drug which under federal law is required, prior to being dispensed or delivered, to be labeled in substance with either of the following statements:

(1) "Caution: Federal law prohibits dispensing without prescription."; or

(2) "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian.";

(b) A drug which is required by any applicable federal or District law or regulation to be dispensed on prescription only; or

(c) A drug that is restricted to use by health professional and allied practitioners for research.

Registration - a document issued by the Board authorizing a pharmacy intern to do pre-licensure professional practice in the District with a designated preceptor.

Supervised practice letter - document issued by the Board authorizing the individual to practice the same scope of duties as a pharmacy intern under the supervision of a pharmacist licensed under the Act, while his or her application for licensure in the District of Columbia is pending or as otherwise authorized by the Board.

6599.2 The definitions in §4099 of chapter 40 of this title are incorporated by reference and made applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 36 DCR 6243, 6253 (September 1, 1989); as amended by Final Rulemaking published at 55 DCR 4330 (April 18, 2008).

17-66 PROFESSIONAL COUNSELING

17 DCMR § 6600 GENERAL PROVISIONS

6600.1 This chapter shall apply to applicants for and holders of a license to practice professional counseling.

6600.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 41 DCR 5238 (August 5, 1994).

17 DCMR § 6601 TERM OF LICENSE

6601.1 Subject to § 6601.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31 of each even-numbered year.

6601.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birth date of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 41 DCR 5238 (August 5, 1994).

17 DCMR § 6602 EDUCATIONAL REQUIREMENTS

6602.1 Except as otherwise provided in this chapter, an applicant for licensure shall furnish proof satisfactory to the Board, in accordance with § 710 of the Act, D.C. Official Code § 3-1207.10, of the following:

(a) That the applicant has received a master's degree or higher from an institution of higher education which was accredited, at the time the degree was conferred, by an accrediting body recognized by the Secretary of the United States Department of Education, the Council on Postsecondary Accreditation or its successor;

(b) That the applicant has completed a minimum of sixty (60) semester hours or the equivalent number of quarter or trimester hours converted into semester hours in counseling or related subjects after earning a bachelor's degree; and

(c) That the applicant shall have obtained satisfactory documentation of the required number of semester hours as converted from quarter hours or trimester hours into semester hours from the educational institution based on the institutions formula for conversion of quarter hours and trimester hours into semester hours.

6602.2 For purposes of meeting the requirements of subsection 6602.1, the following shall apply:

(a) All courses earned in a graduate degree program in counseling shall be counted toward the required sixty (60) semester hours. Courses earned outside of a counseling degree program shall be evaluated individually.

(b) Subjects related to counseling acceptable to the Board include:

(1) Social science;

(2) Psychology;

(3) Social work;

(4) Human services;

(5) Behavioral science;

(6) Psychiatric nursing;

(7) Rehabilitation counseling;

(8) Family counseling;

(9) Individual and family development;

(10) Student counseling and personnel services;

(11) Mental health and human services;

(12) Family and community services; and

(13) Creative arts therapy.

(c) The content of an applicant's degree program and courses shall include, at a minimum, the following:

(1) Counseling theory and practice;

(2) Human growth and development;

(3) Lifestyle and career development;

(4) Group counseling;

(5) Appraisal, assessment, and testing of individuals;

(6) Principles of etiology, diagnosis, treatment planning, and prevention of mental and emotional disorders and dysfunctional behavior;

(7) Social and cultural foundations including multicultural counseling;

(8) Marriage and family counseling;

(9) Research and program evaluation;

(10) Professional orientation and ethics; and

(11) Counseling practicum or internship.

(d) It is not necessary for a separate course to have been completed in the content areas listed in paragraph (c); however evidence is required that the content of each area has been covered in courses completed.

6602.3 An applicant shall submit to the Board certified transcripts of the applicant's educational records from each educational institution from which credits were earned that are relevant to this licensure application with the completed application. Transcripts shall be accepted if they are mailed directly by the educational institution from which credits were earned or if submitted directly by an applicant in a sealed university envelope with a registrar's signature across the seal.

6602.4 The applicant shall provide the Board with course descriptions detailing the subject matter of courses named on the applicant's certified transcript that differ from those courses outlined in § 6602.2.

History

• SOURCE: Final Rulemaking published at 41 DCR 5238 (August 5, 1994); as amended by Final Rulemaking published at 52 DCR 6178 (July 1, 2005).

17 DCMR § 6603 SUPERVISED EXPERIENCE REQUIREMENTS

6603.1 An applicant for a license shall furnish proof satisfactory to the Board pursuant to § 6603.3 that the applicant obtained counseling experience that meets the following requirements:

(a) The applicant shall have acquired the experience after having completed the requirements of the first graduate degree in counseling or a related area but before the date the application was submitted. Experience acquired after having completed the requirements of a master's degree in counseling or related area, but during a postmaster's, specialist, or doctoral degree program in counseling or a related area is acceptable.

(b) The experience shall have consisted of a minimum of three thousand five hundred (3,500) hours of professional counseling performed over a period of not less than two (2) years and not more than five (5) years, under the general supervision of a qualified supervisor who shall be a professional counselor, psychologist, psychiatrist, or independent clinical social worker who was licensed in a jurisdiction of the United States during the supervised period.

(c) Two hundred (200) of the required hours must have been under immediate supervision by a qualified supervisor as defined in § 6603.1(b) and in conformance with the following requirements:

(1) One hundred (100) hours of the required two hundred (200) hours of immediate supervision shall have been completed under a professional counselor who was licensed in a jurisdiction of the United States during the supervised period or who would have been qualified for a license as a professional counselor in the District of Columbia;

(2) One hundred (100) hours of the required two hundred (200) hours of immediate supervision shall have been under individual supervision with a qualified supervisor; and

(3) For every thirty-five (35) hours worked, the applicant shall have been under immediate supervision for a minimum of one hour.

(d) The applicant's performance shall have been rated as at least satisfactory by each supervisor.

6603.2 A student or graduate under supervision shall identify himself or herself as such at all times when practicing professional counseling.

6603.3 An applicant for a license shall demonstrate qualifications required by § 6603.1 by submitting with the application a signed statement from each supervisor who supervised the applicant during the required period of experience which sets forth the following:

(a) The location at which and period of time during which the supervision took place;

(b) The number of hours of the applicant's practice of professional counseling;

(c) The number of hours of immediate supervision of the applicant;

(d) The specific nature of and responsibilities included in the applicant's practice;

(e) A rating of the applicant's performance; and

(f) The license number and jurisdiction in which the supervisor was licensed during the supervised period; if not licensed, the supervisor's vita demonstrating the supervisor's qualifications to be a licensed professional counselor in the District of Columbia.

6603.4 Pursuant to § 6603.1(b), the Board may extend the five (5) year limit for good cause. All hours worked in a position in which general counseling services are offered shall be counted toward the minimum required hours.

History

• SOURCE: Final Rulemaking published at 41 DCR 5238 (August 5, 1994); as amended by Final Rulemaking published at 62 DCR 12684 (September 25, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6603

17 DCMR § 6604 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

6604.1 The Board may grant a license to practice professional counseling to an applicant who completed an educational program in a college or university in a foreign country which is not accredited in accordance with § 6602 if the applicant meets the following requirements:

(a) Meets all requirements of this chapter except for § 6602.1; and

(b) Demonstrates to the satisfaction of the Board that the applicant's education and training are substantially equivalent to the requirements of this chapter and the Act in ensuring that the applicant is qualified to practice professional counseling by submitting the documentation required by § 6604.2 of this section.

6604.2 An applicant under this section shall, in lieu of meeting the requirements of § 6602.1, submit one of the following:

(a) Proof satisfactory to the Board that the applicant has received a master's degree or higher from a foreign institution which was accredited, at the time the degree was conferred, by an accrediting body recognized by the national government of the country in which the institution is located; or

(b) A certification from a private education evaluation service approved by the Board that the applicant's foreign education is substantially equivalent to the education provided in an accredited program.

6604.3 The Board may interview an applicant under this section to determine whether the applicant's education or training meets the requirements of the Act and this chapter.

6604.4 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 41 DCR 5238 (August 5, 1994).

17 DCMR § 6605 NATIONAL EXAMINATION

6605.1 To qualify for a license by examination, an applicant shall receive a score on the National Counselor Examination designated by the National Board for Certified Counselors as a passing score for that administration of the National Counselor Examination.

6605.2 An applicant who, prior to applying for a license, has taken and passed an examination administered by a professional counselor licensure board in another jurisdiction in the United States, by the Commission for Certified Rehabilitation Counselors, or by the National Academy of Certified Mental Health Counselors (now a specialty within the National Board for Certified Counselors), will not be required to take the National Counselor Examination. An applicant relying on an alternative examination shall submit to the Board the applicant's examination results which have been certified or validated by the entity that administered the examination.

History

• SOURCE: Final Rulemaking published at 41 DCR 5238 (August 5, 1994).

17 DCMR § 6606 PRACTICE OF PROFESSIONAL COUNSELING BY STUDENTS AND GRADUATES

6606.1 A student or graduate may practice professional counseling in accordance with this section only under the general or immediate supervision of a professional counselor, psychologist, psychiatrist, or independent clinical social worker licensed in the District of Columbia.

6606.2 The following persons shall be authorized to practice under this section:

(a) Students whose practice fulfills education requirements under § 710 of the Act, D.C. Code § 2-3307.10, and § 6603 of this chapter; and

(b) Graduates fulfilling postmaster's experience requirements under § 710 of the Act, D.C. Code § 2-3307.10, and § 6602 of this chapter or during the pendency of the graduate's initial application.

6606.3 A person who has been denied a license or disciplined in the District of Columbia or other jurisdiction in the United States shall not practice pursuant to this section unless authorized by the Board in writing to do so.

6606.4 A supervisor shall be responsible for all supervised practice by a student or graduate during the period of supervision, and is subject to disciplinary action for any violation of the Act or this chapter by the student or graduate.

6606.5 A student or graduate shall be subject to disciplinary action for any violation of the Act or this chapter. The Board may deny an application for a license by a student or graduate who is found to have violated the Act or this chapter, in accordance with chapter 41 of this title.

6606.6 A student or graduate shall identify himself or herself as such at all times when practicing professional counseling.

History

• SOURCE: Final Rulemaking published at 41 DCR 5238 (August 5, 1994); as amended by Final Rulemaking published at 62 DCR 12684 (September 25, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6606

17 DCMR § 6608 WAIVER OF EXAMINATION REQUIREMENTS

6608.1 The Board shall waive the examination requirements of this chapter for an applicant who:

(a) Meets the educational requirements of § 6602 of this chapter;

(b) Proves to the satisfaction of the Board that the applicant has practiced as a professional counselor or as a professional counselor administrator within a three (3) year period immediately preceding July 22, 1992; and

(c) Applies for licensure within one (1) year from the effective date of this chapter.

6608.2 An applicant for a license under this section shall submit the following:

(a) A statement detailing the nature of the practice, time period, names of supervisors, and places where the applicant has performed the functions of a professional counselor or a professional counselor administrator during the time period July 22, 1989 through July 22, 1992; and

(b) At least two (2) of the following:

(1) Letter of recommendation from an immediate supervisor who is currently supervising, or has supervised, the applicant's work in professional counseling. For an applicant who has been in an independent private practice during the pertinent two (2) year period, a letter of recommendation from a mental health colleague shall be accepted in lieu of a letter of recommendation from a supervisor;

(2) Evidence of participation in continuing education activities;

(3) Evidence of the completion of a minimum of one (1) three-credit graduate course in counseling or a closely related field from an institution of higher education accredited by an accrediting body recognized by the Secretary of the United States Department of Education, or the Council on Postsecondary Accreditation, or its successor;

(4) Documentation of a currently valid certificate as a Certified Clinical Mental Health Counselor, Certified Rehabilitation Counselor, or National Certified Counselor; or

(5) Proof of publication of a counseling-related article in a refereed journal, publication of a counseling-related book, or publication of a chapter in a counseling-related book.

History

• SOURCE: Final Rulemaking published at 41 DCR 5238 (August 5, 1994).

17 DCMR § 6609 STANDARDS OF CONDUCT

6609.1 Licensed professional counselors shall not discriminate against clients because of age, color, culture, disability, ethnic group, gender, race, religion, sexual orientation, marital status, or socioeconomic status.

6609.2 Licensed professional counselors shall inform clients, preferably in writing, regarding the counseling process and counseling relationship at or before the time it begins and throughout the relationship.

6609.3 Licensed professional counselors shall make every effort to avoid dual relationship with clients that could impair their professional judgment or increase the risk of harm to clients. When a dual relationship cannot be avoided, licensed professional counselors shall take appropriate steps to ensure that their judgment is not impaired and that no exploitation occurs.

6609.4 Licensed professional counselors shall not engage in any type of sexual intimacies with current clients and shall not engage in sexual intimacies with former clients within a minimum of two years after terminating the counseling relationship. Licensed professional counselors who engage in such relationship after two years following termination shall have the responsibility to thoroughly examine and document that such relations did not have an exploitative nature.

6609.5 Licensed professional counselors shall take steps to protect clients from physical or psychological trauma resulting from interactions during group work.

6609.6 Licensed professional counselors shall explain to clients, prior to their entering the counseling relationship, financial arrangements related to professional services.

6609.7 Licensed professional counselors shall assist in making appropriate arrangements for the continuation of treatment of clients, when necessary, following termination of counseling relationship.

6609.8 Licensed professional counselors shall avoid entering or immediately terminating a counseling relationship if it is determined that they are unable to be of professional assistance to a client. The counselors shall assist in making an appropriate referral to the client.

6609.9 Licensed professional counselors shall keep information related to counseling services confidential unless disclosure is in the best interest of clients, is required for the welfare of others, or is required by law.

6609.10 Licensed professional counselors shall take measures to ensure that subordinates maintain privacy and confidentiality.

6609.11 Licensed professional counselors shall clearly communicate to group members that confidentiality cannot be guaranteed in groupwork.

6609.12 Licensed professional counselors shall not disclose information about one family member in counseling to another family member without prior consent.

6609.13 Licensed professional counselors shall maintain appropriate confidentiality in creating, storing, accessing, transferring and disposing of counseling records.

6609.14 Licensed professional counselors shall obtain prior consent from clients in order to electronically record or observe sessions.

6609.15 Except as provided in § 6609.9, licensed professional counselors shall obtain client consent to disclose or transfer records to third parties.

6609.16 Licensed professional counselors shall disguise the identity of the client when using data for training, research or publication.

6609.17 Licensed professional counselors shall practice only within the boundaries of their competence.

6609.18 Licensed professional counselors shall in engage in continuing education to maintain their professional competence.

6609.19 Licensed professional counselors shall refrain from offering professional services when their personal problems or conflicts may cause harm to a client or others.

6609.20 Licensed professional counselors shall accurately represent their credentials and services when advertising.

6609.21 Licensed professional counselors shall not use their place of employment or institutional affiliation to recruit clients for their private practice.

6609.22 Licensed professional counselors shall claim or imply only professional credentials possessed and shall correct any known misrepresentation of their credentials by others.

6609.23 Licensed professional counselors shall not engage in sexual harassment.

6609.24 With the consent of the client, licensed professional counselors shall inform other mental health professionals serving the same client that a counseling relationship between the counselor and client exists.

6609.25 Licensed professional counselors shall alert their employers to institutional policy or conditions that may be potentially disruptive or damaging to the counselors' professional responsibilities or that may limit their effectiveness or deny clients' rights.

6609.26 Licensed professional counselors shall select competent staff and shall assign responsibilities compatible with staff skills and experiences.

6608.27 Licensed professional counselors shall not engage in exploitative relationships with individuals over whom they have supervisory, evaluative, or instructional control or authority.

6609.28 Licensed professional counselors shall not accept fees or other remuneration for consultation with persons entitled to such services through the counselors' employing agency or institution.

6609.29 Licensed professional counselors shall not accept referral fees.

6608.30 Licensed professional counselors shall perform only testing and assessment services for which they are competent.

6608.31 Licensed professional counselors shall not allow the use of psychological assessment techniques by unqualified persons under their supervision.

6609.32 Licensed professional counselors shall use assessment instruments in the manner for which they were intended.

6609.33 Licensed professional counselors shall provide explanations to clients prior to assessment about the nature and purposes of assessment and the specific uses of results.

6609.34 Licensed professional counselors shall ensure that accurate and appropriate interpretations accompany any release of testing and assessment information.

6609.35 Licensed professional counselors shall not base their assessment or intervention decisions or recommendations on data or test results that are obsolete or outdated for the current purpose.

6609.36 Licensed professional counselors shall not engage in sexual relationships with their students and supervisees.

6609.37 Licensed professional counselors shall give credit to students or supervisees for their contributions to research and scholarly projects.

6609.38 Licensed professional counselors who offer clinical supervision services shall be trained and prepared in supervision methods and techniques.

6609.39 Licensed professional counselors shall clearly state to students and supervisees in advance of training, the levels of competency expected, appraisal methods, and timing of evaluations. Counselors shall provide students and supervisees periodic performance appraisals and evaluation feedback throughout the training program.

6609.40 Licensed professional counselors shall make every effort to ensure that the rights of peers are not violated when students and supervisees are assigned to lead counseling groups or provide clinical supervision.

6609.41 Licensed professional counselors shall assist students and supervisees in securing remedial assistance, when needed, and shall dismiss from the training program students and supervisees who are unable to provide competent services due to academic or personal limitations.

6609.42 Licensed professional counselors who conduct experiences for students or supervisees that include self-growth or self-disclosure shall inform participants of counselors' ethical obligations to the profession and shall not grade participants based on their nonacademic performance.

6609.43 Students and supervisees preparing to become licensed professional counselors shall adhere to the Code of Ethics and the Standards of Practice of counselors.

6609.44 Licensed professional counselors shall avoid causing physical, social or psychological harm or injury to subjects of research.

6609.45 Licensed professional counselors shall keep confidential information obtained about research participants.

6609.46 Licensed professional counselors shall report all variables and conditions known to the investigators that may affect research data or outcomes.

6609.47 Licensed professional counselors shall not distort or misrepresent research data or fabricate or intentionally bias research results.

6609.48 Licensed professional counselors shall give appropriate credit to those who have contributed to research.

6609.49 Licensed professional counselors shall take appropriate action when they reasonably believe that a counselor or other mental health professionals are acting in an unethical manner.

6609.50 Licensed professional counselors shall not initiate, participate in, or encourage the filing of ethical complaints that are unwarranted, or intended to harm a mental health professional rather than to protect clients or the public.

6609.51 A licensee, student, or graduate practicing professional counseling pursuant to this chapter shall adhere to the standards set forth in the most recent edition of the Code of Ethics as published by the American Counseling Association.

History

• SOURCE: Final Rulemaking published at 41 DCR 5238 (August 5, 1994); as amended by Final Rulemaking published at 50 DCR 6697 (August 15, 2003); as amended by Final Rulemaking published at 62 DCR 12686 (September 25, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6609

17 DCMR § 6610 CONTINUING EDUCATION REQUIREMENTS

6610.1 This section shall apply to applicants for the renewal, reactivation, or reinstatement of a license expiring December 31, 2008, and for subsequent terms.

6610.2 This section shall not apply to applicants for an initial license by examination, reciprocity, or endorsement, nor shall it apply to applicants for the first renewal of a license granted by examination.

6610.3 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 6611.

6610.4 An applicant for the renewal of a license shall submit proof of having completed forty (40) hours of approved continuing education credit during the two (2)-year period preceding the date the license expires, which shall include the following:

(a) Six (6) hours in ethics;

(b) Four (4) hours in trauma counseling;

(c) Two (2) hours of LGBTQ+; and

(d) At least ten percent (10%) of the total in subjects determined by the Director to be the public health priorities of the District, which shall be duly updated and published every five (5) years or as deemed necessary by the Director.

6610.5 To qualify for the reactivation of a license, a person in inactive status within the meaning of § 511 of the Act, D.C. Official Code § 3-1205.11, who submits an application to reactivate a license shall submit proof of having completed, within one (1) year prior to application, twenty (20) hours of approved continuing education credit for each license year that the applicant was in inactive status. The total shall include at least six (6) hours in ethics, four (4) hours in trauma counseling, and two (2) hours of LGBTQ+.

6610.6 To qualify for a license, an applicant for reinstatement of a license shall submit proof of having completed twenty (20) hours of approved continuing education credit for each year that the applicant was not licensed. The total shall include at least six (6) hours in ethics, four (4) hours in trauma counseling, and two (2) hours of LGBTQ+.

6610.7 An applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed;

(e) Verification by the sponsor of completion, by signature or stamp; and

(f) An applicant under this section shall prove completion of continuing education course work by submitting with the application a signed statement from the instructor on university stationery for each class attended.

6610.8 An applicant under this section shall prove completion of individualized learning under § 6611.6(c) by submitting a signed statement from the supervisor which sets forth the information required by § 6602.4.

6610.9 An applicant for renewal of a license who fails to submit proof of having completed continuing education requirements by the date the license expires may renew the license up to sixty (60) days after expiration by submitting proof and paying the required additional late fee.

6610.10 Upon submitting proof and paying the late fee, the applicant shall be deemed to have possessed a valid license during the period between the expiration of the license and the submission of the required documentation and payment of the late fee.

6610.11 If an applicant for renewal of a license fails to submit proof of completion of continuing education requirements or pay the late fee within sixty (60) days after the expiration of the applicant's license, the license shall be considered to have lapsed on the date of expiration.

6610.12 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew after expiration if the applicant's failure to submit proof of completion was for good cause.

History

• SOURCE: Final Rulemaking published at 55 DCR 6145 (May 30, 2008); as amended by Final Rulemaking published at 70 DCR 009452 (July 7, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6610

17 DCMR § 6611 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

6611.1 The Board may, in its discretion, approve continuing education programs and activities that contribute to the growth of an applicant in professional competence in the professional counseling field and which meet the other requirements of this section.

6611.2 The Board may approve the following types of continuing education programs, if the program meets the requirements of § 6611.4:

(a) A graduate course given at an accredited college or university;

(b) A seminar or workshop;

(c) An educational program given at a conference;

(d) In-service training; and

(e) Formally organized learning activities including distance learning and home study.

6612.3 Formally organized learning activities including distance learning and home study shall be counted at their full hour value. Hours shall be obtained from one or a combination of the following board-approved mental health related activities:

(a) Regionally accredited university graduate level academic courses in a behavioral health discipline;

(b) Continuing education programs offered by universities or colleges;

(c) Workshops, seminars, conferences, or courses in the behavioral health field offered by federal, state, or licensed health facilities and licensed hospitals;

(d) Workshops, seminars conferences, or courses in the behavioral health field offered by an individual or organization that has been certified or approved by one of the following:

(1) The American Mental Health Counselors Association (AMHCA) including state and local affiliates;

(2) The International Association of Marriage and Family Counselors and its state affiliates;

(3) The American Association of Marriage and Family Therapists and its state affiliates;

(4) The American Association of State Counseling Boards;

(5) The American Counseling Association and its state and local affiliates;

(6) The American Psychological Association and its state affiliate;

(7) The Commission on Rehabilitation Counselor Certification;

(8) The Association for Addiction Professionals and its state and local affiliates;

(9) The National Association of Social Workers;

(10) The National Board for Certified Counselors;

(11) A national behavioral health organization or certification body;

(12) Individuals or organizations that have been approved as continuing competency sponsors by the American Association of State Counseling Boards or a counseling board in another state;

(13) The Association for Play and Art Therapy; and

(14) The American School Counselor Association and its state affiliates.

6611.4 To qualify for approval by the Board, a continuing education program shall:

(a) Be current in its subject matter;

(b) Be developed and taught by qualified individuals; and

(c) Meet one of the following requirements:

(1) Be administered or approved by a recognized professional counseling organization, accredited health care facility, or accredited college or university; or

(2) Be submitted by the program sponsors to the Board for review no less than sixty (60) days prior to the date of the presentation and be approved by the Board.

6611.5 The Board may issue and update a list of approved continuing education programs.

6611.6 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

6611.7 The Board may approve the following continuing education activities:

(a) Serving as a speaker at a conference, seminar, workshop, or in-service training;

(b) Publication of an article in a professional journal or publication of a book or a chapter in a book or publication of a book review in a professional journal or bulletin; and

(c) Individualized learning under the immediate supervision of a professional counselor, psychologist, psychiatrist, or independent clinical social worker licensed in a jurisdiction of the United States.

17 DCMR § 6612 CONTINUING COMPETENCY COURSES

6612.1 The Board may, in its discretion, approve courses that contribute to the competency of a professional counselor in one or more of the following areas:

(a) Ethics (standards of practice or laws governing behavioral science professions);

(b) Counseling theory;

(c) Human growth and development;

(d) Social and cultural foundations;

(e) The helping relationship;

(f) Group dynamics, processing and counseling;

(g) Lifestyle and career development;

(h) Appraisal of individuals;

(i) Research and evaluation;

(j) Professional orientation;

(k) Clinical supervision;

(l) Marriage and family therapy;

(m) Addictions; or

(n) Trauma.

History

• SOURCE: Final Rulemaking published at 55 DCR 6145 (May 30, 2008).

17 DCMR § 6613 CONTINUING EDUCATION CREDITS

6613.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

6613.2 The Board may, in its discretion, audit up to five percent (5%) of the renewal applications to ensure that the continuing education requirement has been met.

6613.3 For graduate courses that are taken for educational credit, each semester hour of credit shall constitute ten (10) hours of continuing education credit, and each quarter hour of credit shall constitute fifteen (15) hours of continuing education credit.

6613.4 The Board may grant a maximum of five (5) continuing education credits per year to an applicant who attends in-service education programs.

6613.5 The Board may grant a maximum of fifty percent (50%) of an applicant's continuing education requirement for completing continuing education activities under § 6611.6

6613.6 The Board may grant credit for preparation and presentation time to an applicant who serves as a speaker at an approved program.

6613.7 The maximum amount of credit that may be granted for preparation time is twice the amount of the associated presentation time.

6613.8 If an applicant has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject.

6613.9 The presentation shall have been completed during the period for which credit is claimed.

6613.10 The Board may grant continuing education credit under § 6611.6(b) only if the applicant proves to the satisfaction of the Board that the work has been published or accepted for publication during the period for which credit is claimed.

6613.11 The Board may grant continuing education credits for the following:

(a) New program development that shall count for a maximum of eight (8) hours. New program development includes a new course, seminar, or workshop. New courses shall be graduate or undergraduate level college or university courses.

(b) Dissertation that shall count for a maximum of 18 hours. Dissertation credit may only be counted once.

(c) Clinical supervision or consultation given or received outside of the place of employment shall count for a maximum of ten hours.

(d) Leadership positions that shall count for a maximum of ten (10) hours.

6613.12 The following leadership positions are acceptable for continuing competency credit:

(a) Officer of state or national counseling organization;

(b) Editor and or reviewer of professional counseling journal;

(c) Member of a national ethics disciplinary review committee rendering licenses;

(d) Active member of a counseling committee producing a substantial written product; and

(e) Chair of a major counseling conference or convention;

(f) Other leadership positions with justifiable professional learning experiences.

6613.13 Pursuant to § 6613.12, to receive credit for the leadership position, the position shall last for a minimum of one (1) year after the date of first licensure.

6613.14 Practice-related programs shall count up to a maximum of eight (8) hours. The board may allow up to eight (8) contact hours of continuing competency as long as the licensee submits proof of attendance plus a written justification of how the activity assists him or her in his or her direct service to clients. Examples include: language courses, software training, medical topics, etc.

6613.15 Membership in a state counseling licensure or certification board shall count for a maximum of ten (10) hours of continuing education credit for each year of membership.

History

• SOURCE: Final Rulemaking published at 55 DCR 6145 (May 30, 2008).

17 DCMR § 6699 DEFINITIONS

6699.1 When used in these regulations, the following terms, shall have the following meanings ascribed:

Act - the District of Columbia Health Occupations Revision Act of 1985, D.C. Law 6-99, as amended.

Director - the Director of the Department of Health or the Director’s designee.

General supervision - supervision in which the supervisor is available to the person supervised, either in person or by a communications device.

Immediate supervision - supervision in which the supervisor is physically present with the person supervised and either discussing or observing the person's practice.

LGBTQ+ – continuing education with instructions on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ+”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5)).

Practice of professional counseling - engaging in counseling activities, for compensation, by a person who represents, by title or description of services, that he or she is a "professional counselor" or "licensed professional counselor," and includes the processes of:

(a) conducting assessments for the purpose of determining treatment goals and objectives;

(b) assisting clients through a professional relationship to achieve effective mental, emotional, physical, social, educational, or career development and adjustment throughout the life span; and

(c) using counseling treatment interventions to facilitate human development and to identify and remediate mental, emotional, or behavioral conditions and associated difficulties which interfere with functional wellness.

Professional counselor - a person licensed under the Act to practice professional counseling.

Student - an individual who is enrolled in an academic program which meets the requirements of § 6602.

History

• SOURCE: Final Rulemaking published at 41 DCR 5238 (August 5, 1994); as amended by Final Rulemaking published at 70 DCR 009452 (July 7, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6699

17-67 PHYSICAL THERAPY

17 DCMR § 6700 GENERAL PROVISIONS

6700.1 This chapter shall apply to applicants for and holders of a license to practice physical therapy.

6700.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is § 302(14) of the District of Columbia Health Occupations Revision Act of 1985, D.C. Law 6-99, D.C. Code § 2-3303.2(14) (1988 Repl. Vol.), 33 DCR 729, 732 (February 7, 1986), and Mayor's Order 86-110, 33 DCR 5220 (August 22, 1986).
• SOURCE: Final Rulemaking published at 35 DCR 945 (February 12, 1988).

17 DCMR § 6701 TERM OF LICENSE

6701.1 Subject to § 6701.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of January 31 of each odd-numbered year.

6701.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 945 (February 12, 1988).

17 DCMR § 6702 EDUCATIONAL REQUIREMENTS

6702.1 Except as otherwise provided in this subtitle, an applicant shall furnish proof satisfactory to the Board that the applicant has graduated from a professional physical therapy education program accredited by an agency recognized for that purpose by the United States Department of Education, or which is approved by the Board, in accordance with § 504(j) of the Act (D.C. Official Code § 3-1205.04(j)).

6702.2 An applicant shall submit with a completed application an official certified transcript of the applicant's educational record and certificate of graduation from the educational institution.

History

• SOURCE: Final Rulemaking published at 35 DCR 945 (February 12, 1980); as amended by Final Rulemaking published at 37 DCR 2747, 2753 (May 4, 1990); as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004).

17 DCMR § 6703 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

6703.1 The Board may grant a license to practice physical therapy to an applicant who has been educated outside of the United States if the applicant meets the following requirements:

(a) Provides satisfactory proof that the applicant's education is substantially equivalent to the requirements of physical therapists educated in an accredited education program as determined by the Board;

(b) Passes the Board-approved English proficiency examination if the applicant's native language is not English; and

(c) Passes the examination approved by the Board.

6703.2 For purposes of this section, "substantially equivalent" means that the applicant for licensure educated outside of the United States shall have:

(a) Graduated from a physical therapy education program that prepares the applicant to engage without restriction in the practice of physical therapy;

(b) Provided written proof that the applicant's school of physical therapy education is recognized by its own ministry of education or equivalent governmental authority;

(c) Undergone a credentials evaluation by a Board-approved evaluating body that has determined the candidate has met uniform criteria for educational requirements as further established by rule; and

(d) Passes the examination approved by the Board.

6703.3 Deleted

6703.4 The Board may interview an applicant under this section to determine whether the applicant's education or training meets the requirements of the Act and this chapter.

6703.5 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 35 DCR 945, 946 (February 12, 1988); as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 5462 (July 1, 2011).

17 DCMR § 6704 LICENSURE BY EXAMINATION

6704.1 An applicant for licensure as a physical therapist by examination shall initiate the application process by submitting a completed application together with the appropriate application fee and the documentation required by § 6702.2.

6704.2 An applicant for licensure by examination shall take and pass a Board approved national licensure examination in physical therapy (the national examination and a Board-approved District of Columbia jurisprudence examination (the District examination). The applicant shall have pre-approval from the Board before taking any licensure or jurisprudence examination.

6704.3 In addition to applicants identified in § 6704.2, the following applicants shall take and pass the District examination prior to issuance of a license if the District examination has not previously been taken:

(a) An applicant who is seeking renewal of a license;

(b) An applicant who is seeking re-activation of an inactive license; and

(c) An applicant who is seeking reinstatement of a license.

6704.4 Following approval from the Board to take the applicable examinations, the applicant may take the national examination and the District examination in any order.

6704.5 The passing score on the national examination shall be determined by the body administering the examination.

6704.6 The District examination shall be a written examination, developed and administered by the Board or a body approved by the Board, on laws and rules pertaining to the practice of physical therapy in the District of Columbia.

6704.7 The District examination may consist of questions on District of Columbia laws pertaining to physical therapy including the Act, this chapter, and chapters 40 and 41 of this title. The passing score on the District examination shall be determined by the Board.

6704.8 An applicant for licensure who does not pass either examination on the first attempt must seek and obtain Board approval for any subsequent attempts to retake the examination. Before the Board may approve an applicant for subsequent testing beyond three (3) attempts, an applicant shall submit proof satisfactory to the Board of having successfully completed any remediation as determined by the Board.

6704.9 If the Board determines that an applicant has engaged in or has attempted to engage in conduct that subverts or undermines the integrity of either the national examination process or District examination process, the Board may disqualify the applicant from taking the examinations. Examples of such conduct may include, but are not limited to the following:

(a) Utilizing in any manner recalled or memorized examination questions;

(b) Failing to comply with all test center security procedures;

(c) Attempting to communicate with other examinees during the test; or

(d) Copying or sharing examination questions or answers or portions of questions or answers.

6704.10 All occurrences of any violations set forth in § 6704.9 shall be recorded in the official records of the Board. Board action may include, but is not limited to, the following:

(a) Disqualifying test results of the applicant's examinations;

(b) Disqualifying the applicant, permanently or for a specified period of time, from eligibility for the examinations;

(c) Disqualifying the applicant, permanently or for a specified period of time, from eligibility for licensure;

(d) Revocation, suspension, or imposition of probationary conditions on a license issued to the applicant.

History

• SOURCE: Final Rulemaking published at 35 DCR 945, 946 (February 12, 1988); as amended by Final Rulemaking published at 36 DCR 1061 (February 3, 1989); and by Final Rulemaking published at 37 DCR 2747, 2753 (May 4, 1990); as amended by Final Rulemaking published at 49 DCR 11780 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004); as amended by Final Rulemaking published at 55 DCR 12488 (December 12, 2008).

17 DCMR § 6705 RESERVED

History

• SOURCE: Final Rulemaking published at 51 DCR 6451 (June 25, 2004).

17 DCMR § 6706 CONTINUING EDUCATION REQUIREMENTS

6706.1 Subject to § 6706.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a license for a term expiring on or after January 31, 2013, and for subsequent terms.

6706.2 This section shall not apply to applicants for the first renewal of a license.

6706.3 A continuing education credit shall be valid only if it is approved by the Board in accordance with § 6707.

6706.4 To qualify for the renewal of a license, an applicant shall have completed forty (40) hours of approved continuing education during the two (2) years’ period preceding the date the license expires, which shall include:

(a) No more than twenty (20) hours of approved continuing education credits earned through internet courses;

(b) Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate; and

(c) Two (2) hours of LGBTQ continuing education.

6706.5 The Board may periodically conduct a random audit to determine licensees’ compliance with the continuing education. A licensee who is selected to participate in the Board’s continuing education audit shall, within thirty (30) days after receiving notice of the selection, submit proof pursuant to § 6706.9 of having completed the required approved continuing education credits during the two (2)-year period immediately preceding the date the license expires.

6706.6 To qualify for the reactivation of a license, a person in inactive status, within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11(2016 Repl.)) who does not possess a valid, active license to practice physical therapy in any jurisdiction of the United States shall submit proof pursuant to § 6706.9 of having completed the following within the two (2) year period preceding the date of the application for reactivation of that applicant’s license:

(a) Twenty (20) hours of approved continuing education meeting the requirement of § 6707.1 for each year that the license remains inactive up to a maximum of one hundred (100) hours, provided further that ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate; and

(b) Two (2) hours of LGBTQ continuing education.

6706.7 To qualify for reactivation of a license, a person in inactive status, within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11 (2016 Repl.)) who maintains a valid, active license in another jurisdiction of the United States shall establish his or her current competency to the Board’s satisfaction, which may include proving completion of approved continuing education within a period of no more than five (5) years preceding the date of the reactivation application. An applicant under this subsection shall also complete two (2) hours of LGTBQ continuing education within the two (2) year-period preceding the date of the application.

6706.8 To qualify for the reinstatement of a license, an applicant shall submit proof pursuant to § 6706.9 of having completed, no more than two (2) years before the date of the reinstatement application:

(a) Twenty (20) hours of approved continuing education meeting the requirement of § 6707.1 for each year that the license was not valid, provided further that ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate; and

(b) Two (2) hours of LGTBQ continuing education.

6706.9 Except as provided in § 6706.10, an applicant under this section shall prove completion of the required continuing education credits by submitting with the application the following information with respect to each program for which continuing education credit is claimed, and shall maintain for a period of at least five (5) years the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program;

(c) The location of the program;

(d) A description of the subject matter covered in the program;

(e) The names of the program instructors;

(f) The dates on which the applicant attended the program;

(g) The hours of credit claimed; and

(h) Verification by the sponsor of completion, by signature or stamp.

6706.10 Applicants for renewal of a license shall only be required to prove completion of the required continuing education credits by submitting proof pursuant to § 6706.9 if requested to do so as part of the random audit, or if otherwise requested to do so by the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 945, 948 (February 12, 1988); as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004); as amended by Final Rulemaking published at 55 DCR 2600 (March 14, 2008); as amended by Notice of Final Rulemaking published at 58 DCR 5462 (July 1, 2011); as amended by Final Rulemaking published at 64 DCR 13486 (December 29, 2017); as amended by Final Rulemaking published at 66 DCR 14434 (November 1, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6706

17 DCMR § 6707 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

The Board may, in its discretion, approve continuing education programs and activities that contribute to the growth of an applicant in professional competence in the practice of physical therapy and which meet the other requirements of this section.

The Board may approve the following types of continuing education programs, if the program meets the requirements of § 6707.3:

(a) An undergraduate or graduate course given at an accredited college or university;

(b) A seminar or workshop;

(c) An education program given at a conference;

(d) In-service training;

(e) Home study courses;

(f) Real-time, interactive remote media courses; and

(g) Online courses, video courses, telecourses, videoconferences, and teleconferences offered by colleges or universities accredited by an agency

recognized for that purpose by the United States Department of Education, or which is approved by the Board, in accordance with § 504(j) of the Act (D.C. Official Code § 3-1205.04(j)(2007 Repl.)), or pre-approved by the American Physical Therapy Association (APTA) or the Board for two (2) or more credit hours.

6707.3 Not more than one-half (1/2) of the total required number of Continuing Education Units (CEUs) may be accepted in any renewal period, or for

reinstatement or reactivation of a license, for approved online courses, video courses, telecourses, videoconferences, and teleconference activities.

6707.4 The limitation set forth in § 6707.3 shall not apply to the Federation of State Boards of Physical Therapy’s Practice Review Tool or to Board- approved courses which grant more than twenty (20) credit hours for a single course.

6707.5 To qualify for approval by the Board, a continuing education program shall do the following:

(a) Be current in its subject matter;

(b) Be developed and taught by qualified individuals; and

(c) Meet one (1) of the following requirements:

(1) Be administered or approved by a recognized national, state, or

local physical therapy organization, a health care organization, and

accredited health care facility, or an accredited college or

university; or

(2) Be submitted by the program sponsor or the applicant to the Board

for review no less than sixty (60) days before the date of the

presentation and be approved by the Board.

6707.6 The Board has pre-approved for acceptance all physical therapy continuing education seminars, workshops, or programs administered or approved by:

(a) The American Physical Therapy Association (APTA);

(b) The Federation of State Boards of Physical Therapy (FSBPT);

(c) The American Occupational Therapy Association, Inc.;

(d) A health care facility accredited by the Joint Commission;

(e) A college or university approved by an accrediting body recognized by the

Council on Postsecondary Accreditation or the Secretary of the United States Department of Education; or

(f) Any of the following organizations if the training is substantially

related to physical therapy services:

The American Medical Association under Physician Category I; and

(2) The American Nurses Association.

6707.7 The Board may issue and update a list of approved continuing education

programs.

6707.8 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

6707.9 The Board may approve the following continuing education activities by an applicant:

Serving as an instructor or speaker at a conference, seminar, or workshop;

(b) In-service training;

(c) Publication of an article in a professional journal, publication of a book

or a chapter in a book, or publication of a book review in a professional journal or bulletin; and

(d) Participating in research as a principal investigator or research assistant.

History

• SOURCE: Final Rulemaking published at 35 DCR 945, 949 (February 12, 1988); as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 5462, 5465 (July 1, 2011).

17 DCMR § 6708 CONTINUING EDUCATION CREDITS

6708.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

6708.2 For approved undergraduate or graduate courses, each semester hour of credit shall constitute fifteen (15) hours of continuing education credit, and each quarter hour of credit constitutes ten (10) hours of continuing education credit.

6708.3 The Board may grant a maximum of ten (10) continuing education credits per year to an applicant who attends in-service education programs.

6708.4 The Board may grant to an applicant who serves as an instructor or speaker at an acceptable program for both preparation and presentation time, subject to the restrictions in §§ 6708.5 through 6708.8.

6708.5 The maximum amount of credit that may be granted for preparation time is twice the amount of the associated presentation time.

6708.6 The maximum amount of credit that may be granted pursuant to § 6708.4 is fifty percent (50%) of an applicant's continuing education requirement.

6708.7 If an applicant has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject.

6708.8 The presentation shall have been completed during the period for which credit is claimed.

6708.9 The Board may grant an applicant who is an author or editor of a published book four (4) units or forty (40) hours of continuing education credit, if the book has been published or accepted for publication during the period for which credit is claimed and the applicant submits proof of this fact in the application.

6708.10 The Board may grant an applicant who is the sole author or co-author of a published original paper, journal article or poster presentation, two (2) continuing education units or twenty (20) hours of continuing education credit, subject to the same restrictions set forth for books in § 6708.9.

6708.11 The Board may grant an applicant who is the sole author of a published book review, review paper, or abstract, one (1) unit or ten (10) hours of continuing education credit, subject to the same restrictions set forth for books in § 6708.9.

History

• SOURCE: Final Rulemaking published at 35 DCR 945, 950 (February 12, 1988); as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004).

17 DCMR § 6709 LICENSURE BY ENDORSEMENT

6709.1 The Board shall issue a license by endorsement to a physical therapist who has a valid unrestricted license in good standing from another jurisdiction of the United States and who meets all other requirements of this section.

6709.2 An applicant for licensure as a physical therapist by endorsement shall submit with a completed application the following:

(a) Official, certified proof of licensure as a physical therapist in good standing from another jurisdiction of the United States;

(b) Official, certified proof, from the body administering the examination, that the applicant has passed the Board-approved national licensure examination in physical therapy; and

(c) Proof pursuant to § 6702.1.

6709.3 After submission of the completed application and all required documentation, the Board may approve the applicant to take the District of Columbia licensure examination in physical therapy.

6709.4 An applicant shall take and pass the District of Columbia licensure examination in physical therapy after obtaining Board approval pursuant to § 6709.3.

History

• SOURCE: Final Rulemaking published at 35 DCR 945, 950 (February 12, 1989); as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004).

17 DCMR § 6710 LAWFUL PRACTICE

6710.1 A physical therapist licensed under this act is fully authorized to practice physical therapy within the District of Columbia as defined herein.

6710.2 A physical therapist shall adhere to the recognized standards of ethics of the physical therapy profession and as further established by rule.

6710.3 A physical therapist may purchase, store and administer topical and aerosol medications as part of the practice of physical therapy as defined herein, as long as the purchasing, storage, and administration of those medications is carried out pursuant to all laws and regulations of the Federal Government and District of Columbia.

6710.4 A physical therapist shall use the letters "PT" in connection with the physical therapist's name or place of business to denote licensure under the Act.

6710.5 Unless authorized to practice physical therapy, a person or business entity, its employees, agents or representatives shall not use in connection with that person's name or the name or activity of the business, the words "physical therapy," "physical therapist," "physiotherapy," "physiotherapist," "registered physical therapist," the letters "PT," "DPT," "LPT," "RPT," or any other words, abbreviations or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied.

6710.6 A person or business entity shall not advertise or otherwise promote another person as being a "physical therapist" or "physiotherapist" unless the individual so advertised or promoted is licensed as a physical therapist under the Act.

6710.7 A person or business entity that offers, provides or bills any other person for services shall not characterize those services as "physical therapy" or "physiotherapy" unless the individual performing those services is a person licensed as a physical therapist under the Act.

A physical therapy assistant shall use the letters “PTA” in connection with his or her name.

6710.9 A physical therapist shall be responsible for managing all aspects of the physical therapy care of each patient. A physical therapist shall provide:

(a) The initial evaluation for each patient and all supporting documentation;

(b) Periodic reevaluation of each patient and all supporting documentation; and

(c) The documented discharge of the patient, including the response to therapeutic intervention at the time of discharge.

6710.10 A physical therapist shall assure the qualifications of all physical therapy students, physical therapy assistants, physical therapy aides, and first-time applicants practicing pursuant to § 6711, under his or her direction and supervision.

A physical therapist may not have more than a total of three (3) physical therapy students or physical therapy aides or physical therapy assistants or first-time applicants for a physical therapy license practicing pursuant to § 6711, under his or her direct supervision at any one time.

6710.12 A physical therapist shall review and co-sign any documentation written by a physical therapy student, physical therapy assistant, physical therapy aide, or first-time applicant for a physical therapy license practicing pursuant to § 6711.

6710.13 If a physical therapy patient fails to respond to treatment within thirty (30) days after being seen by a physical therapist for the first time, the physical therapist shall refer the patient to an appropriate health care provider for assessment, medical diagnosis, intervention, or referral.

6710.14 A licensed physical therapist shall perform the final evaluation for a patient who has been treated throughout the patient’s history by a physical therapy assistant.

6710.15 A physical therapist shall ensure the qualifications of all physical therapy

assistants under his or her supervision.

6710.16 Before a patient is treated by a physical therapy assistant, a licensed physical therapist shall evaluate the patient and formulate initial and ongoing treatment goals and plans.

6710.17 Pursuant to § 6710.16, a licensed physical therapist shall reevaluate each patient being treated by a physical therapy assistant by the seventh (7th) visit and every seventh (7th) visit thereafter,

6710.18 Support personnel shall only perform routine assigned tasks under the direct supervision of a licensed physical therapist or a licensed physical therapy assistant, who shall only assign those tasks or activities that are nondiscretionary and do not require the exercise of professional judgment.

6710.19 A licensed physical therapist shall be fully responsible for any actions by a

physical therapy assistant performing physical therapist functions while under the physical therapist’s supervision.

History

• SOURCE: Final Rulemaking published at 35 DCR 945, 950 (February 12, 1989); as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004); as amended by Final Rulemaking published at 55 DCR 2853 (March 21, 2008); as amended by Final Rulemaking published at 55 DCR 7949 (July 25, 2008); as corrected by Errata Notice published at 57 DCR 11093 (November 26, 2010).

17 DCMR § 6711 PRACTICE OF PHYSICAL THERAPY BY STUDENTS OR GRADUATES

6711.1 This section shall apply to the following:

(a) Students enrolled in recognized schools or colleges as candidates for a degree in physical therapy; and

(b) Applicants for a license whose first application for a license in the District of Columbia is pending.

6711.2 A student or applicant may perform actions which require a license as a physical therapist only in accordance with the Act and this section.

6711.3 A first-time applicant for a physical therapy license may practice physical therapy under the direct supervision of a physical therapist licensed in the District of Columbia while the initial application is pending.

6711.4 A first-time applicant practicing physical therapy pursuant to § 6711.3 who fails the national examination or the District examination on the first attempt shall not thereafter continue to practice physical therapy until such time as a physical therapy license is duly issued to that individual.

6711.5 A student or applicant may practice physical therapy only under the direct supervision of a licensed physical therapist.

6711.6 A student or applicant shall identify himself or herself as a student or applicant at all times when performing actions of a physical therapist

6711.7 A physical therapist supervising a student or an applicant shall be fully responsible for all of the actions performed by the student or applicant during the time of the supervision and is subject to disciplinary action for any violation of the Act or this chapter by the person supervised.

6711.8 A student may not be paid or receive compensation of any nature, directly or indirectly from a patient.

6711.9 A student or applicant shall be subject to all of the applicable provisions of the Act and this chapter. The Board may deny an application for a license by, or take other disciplinary action against a student or applicant who is found to have violated the Act or this chapter, in accordance with chapter 41 of this title.

6711.10 If the Board finds that a student or applicant has violated the Act or this chapter, the Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the student or applicant to practice.

6711.11 Pursuant to § 6710.12, a physical therapist shall review and co-sign any documentation written by a physical therapy student or a first-time applicant for a physical therapy license practicing pursuant to § 6711.

History

• SOURCE: Final Rulemaking published at 35 DCR 936, 951 (February 12, 1988); as amended by Final Rulemaking published at 36 DCR 1061 (February 3, 1989); and as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004).

17 DCMR § 6712 PHYSICAL THERAPY ASSISTANTS AND AIDES

6712.1 A physical therapy assistant or physical therapy aide may perform physical therapy functions only in accordance with this section.

6712.2 A physical therapy assistant may perform the following functions under the direct supervision of a physical therapist:

(a) Use of therapeutic exercise, mechanical traction, therapeutic massage, compression, heat, cold, ultraviolet, water, and electricity;

(b) Measurement and adjustment of crutches, canes, walkers, and wheelchairs, and instruction in their use and care;

(c) Instruction, motivation, and assistance to patients and others in improving pulmonary function, learning, and functional activities such as pre-ambulation, transfer, ambulation and daily living activities; and the use and care of orthoses, prostheses, and supportive devices;

Modification of treatment procedures as indicated by patient response and within the limits specified in the plan of care, and reported orally or in writing to the physical therapist; and

(e) Participation in routine administrative procedures required for a physical therapy service.

6712.3 A physical therapy aide may perform the following functions under the direct supervision of a physical therapist:

(a) Gait practice;

(b) Activities of daily living;

(c) Transfer activities;

(d) Hot or cold packs;

(e) Paraffin bath;

(f) Hydrotherapy;

(g) Whirlpool; and

(h) Therapeutic exercises.

6712.4 A physical therapy assistant or physical therapy aide may not perform the

following:

(a) Interpret referrals;

(b) Perform evaluation procedures;

(c) Initiate or adjust treatment programs; or

(d) Assume responsibility for planning patient care.

Pursuant to § 6710.12, a physical therapist shall review and co-sign any

documentation written by a physical therapy assistant or physical therapy aide.

History

• SOURCE: Final Rulemaking published at 35 DCR 936, 952 (February 12, 1988); as amended by Final Rulemaking published at 36 DCR 1061, 1062 (February 3, 1989); and as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004); as amended by Final Rulemaking published at 55 DCR 7949 (July 25, 2008); as corrected by Errata Notice published at 57 DCR 11093, 11094 (November 26, 2010).

17 DCMR § 6713 RESTRICTED LICENSES

6713.1 Pursuant to § 514 of the Act (D.C. Official Code § 3-1205.14) the Board may restrict the license of any person as a condition of probation pursuant to § 514(c)(7) of the Act (D.C. Official Code § 3-1205.14(c)(7)).

History

• SOURCE: Final Rulemaking published at 35 DCR 945, 953 (February 12, 1988); as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004).

17 DCMR § 6714 STANDARDS OF CONDUCT

6714.1 A physical therapist shall protect the patient's right to privacy by not divulging confidential information without consent of the patient or guardian unless required by law or unless, in the judgment of the physical therapist, the information is need to protect the patient or the community.

6714.2 A physical therapist shall provide information about fees upon request by the patient.

6714.3 A physical therapist who has information of illegal or unsafe practice of physical therapy shall promptly report the information to the Board.

6714.4 Any holder of a license under this chapter or any person authorized to practice physical therapy or to perform physical therapy functions under this chapter shall comply with the standards of ethical and professional conduct established by the American Physical Therapy Association, as they may be amended or republished from time to time.

History

• SOURCE: Final Rulemaking published at 35 DCR 945, 954 (February 12, 1988); as amended by Final Rulemaking published at 50 DCR 2607 (April 4, 2003); as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004); as amended by Final Rulemaking published at 54 DCR 1035 (February 2, 2007).

17 DCMR § 6715 SCOPE OF PRACTICE

6715.1 A physical therapist or any person so authorized under the Act to perform physical therapy may perform the following functions:

(a) Examining individuals with impairments, functional limitations and disabilities or other health-related conditions in order to determine a diagnosis, prognosis and course of intervention while utilizing tests and measurements consistent with the practice of physical therapy; and

(b) Alleviating impairment and functional limitation by designing, implementing, and modifying therapeutic interventions consistent with the practice of physical therapy.

(c) Preventing injury, impairment, functional limitation and disability, including the promotion and maintenance of health, wellness, fitness and quality of life in all age populations.

(d) Engaging in consultation, education and research.

6715.2 A physical therapist may also perform intramuscular manual therapy, which is also known as dry needling, if performed in conformance with the requirements of section 6716.

History

• SOURCE: Final Rulemaking published at 35 DCR 945, 954 (February 12, 1988); as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 817 (January 28, 2011).

17 DCMR § 6716 REQUIREMENTS FOR PHYSICAL THERAPISTS TO PERFORM INTRAMUSCULAR MANUAL THERAPY

Intramuscular manual therapy may be performed by a licensed physical therapist who meets the requirements of this section.

Intramuscular manual therapy shall be performed directly by the licensed physical therapist and shall not be delegated.

Intramuscular manual therapy shall be performed in a manner that is consistent with generally accepted standards of practice, including clean needle techniques, and other applicable standards of the Centers for Disease Control and Prevention.

Intramuscular manual therapy is an advanced procedure that requires specialized training. A physical therapist shall not perform intramuscular manual therapy in the District of Columbia unless he or she has documented proof of completing:

A Board-approved professional training program on intramuscular manual therapy. The training program shall require each trainee to demonstrate cognitive and psychomotor knowledge and skills. The training program shall be attended in person by the physical therapist, shall not be attended online or through any other means of distance learning, and shall not be a self-study program

A professional training program on intramuscular manual therapy accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE). The training program shall require each trainee to demonstrate cognitive and psychomotor knowledge and skills. The training program shall be attended in person by the physical therapist, shall not be attended online or through any other means of distance learning, and shall not be a self-study program; or

Graduate or higher-level coursework in a CAPTE-approved educational program that included intramuscular manual therapy in the curriculum.

A physical therapist shall only perform intramuscular manual therapy following an

examination and diagnosis, and for the purpose of treating specific anatomic

entities selected according to physical signs.

A physical therapist who performs intramuscular manual therapy shall obtain written informed consent from each patient who will receive intramuscular manual therapy before the physical therapist performs intramuscular manual therapy on the patient.

The informed consent form shall include, at a minimum, the following:

The patient’s signature;

The risks and benefits of intramuscular manual therapy;

The physical therapist’s level of education and training in intramuscular manual therapy; and

A clearly and conspicuously written statement that the patient is not receiving acupuncture.

A physical therapist who performs intramuscular manual therapy shall maintain a separate procedure note in the patient’s chart for each intramuscular manual therapy. The note shall indicate how the patient tolerated the intervention as well as the outcome after the intramuscular manual therapy.

A physical therapist who performs intramuscular manual therapy shall be required to produce documentation of meeting the requirements of this section immediately upon request by the Board or an agent of the Board.

Failure by a physical therapist to provide written documentation of meeting the training requirements of this section shall be deemed prima facie evidence that the physical therapist is not competent and not permitted to perform intramuscular manual therapy.

History

• Source: Notice of Final Rulemaking published at 58 DCR 817 (January 28, 2011).

17 DCMR § 6799 DEFINITIONS

6799.1 As used in this chapter, the following terms shall have the meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code §§ 3-1201 et seq. (2016 Repl.)).

Applicant - a person applying for a license to practice physical therapy under this chapter.

Board - the Board of Physical Therapy, established by § 209 of the Act (D.C. Official Code § 2-1202.09).

Continuing education unit - a unit of measurement representing ten (10) hours of continuing education credit.

Direct supervision - the supervision in which a physical therapist is personally present and immediately available within the treatment area to give aid, direction, and instruction when physical therapy procedures or activities are performed.

Director – The Director of the Department of Health, or the Director’s designee.

Intramuscular manual therapy - a technique used to treat myofascial pain that uses a dry needle, without medication, that is inserted into a trigger point with the goal of releasing or inactivating the trigger points and relieving pain.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

Physical therapist - a person licensed to practice physical therapy under the Act.

Physical therapy aide - a person trained by a physical therapist to perform designated routine tasks related to the operation of a physical therapy service under the direct supervision of a physical therapist.

Physical therapy assistant – a physical therapy assistant who is a person licensed to practice under the Act.

Practice of physical therapy - the independent evaluation of human disability, injury, or disease by means of noninvasive tests of neuromuscular functions and other standard procedures of physical therapy, and the treatment of human disability, injury, or disease by therapeutic procedures, rendered on the prescription of or referral by a licensed physician, osteopath, dentist, or podiatrist, or by a licensed registered nurse certified to practice as an advanced registered nurse as authorized pursuant to § 601 of the Act (D.C. Official Code § 3-1206.01), embracing the specific scientific application of physical measures to secure the functional rehabilitation of the human body. These measures include the use of therapeutic exercise, therapeutic massage, heat or cold, air, light, water, electricity, or sound for the purpose of correcting or alleviating any physical or mental disability, or preventing the development of any physical or mental disability, or the performance of noninvasive tests of neuromuscular functions as an aid to the detection or treatment of any human condition.

Restricted license - a license upon which the board has placed any restrictions.

Valid, active license – a license to practice physical therapy in any jurisdiction that is currently valid and has been valid during the relevant period.

6799.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 945, 954 (February 12, 1988); as amended by Final Rulemaking published at 36 DCR 1061, 1063 (February 3, 1989); and as amended by Final Rulemaking published at 51 DCR 6451 (June 25, 2004); as amended by Final Rulemaking published at 55 DCR 7949 (July 25, 2008); as corrected by Errata Notice published at 57 DCR 11093, 11095 (November 26, 2010); as amended by Notice of Final Rulemaking published at 58 DCR 817, 819 (January 28, 2011); as amended by Final Rulemaking published at 64 DCR 13486 (December 29, 2017); as amended by Final Rulemaking published at 66 DCR 14434 (November 1, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6799

17-68 PODIATRY

17 DCMR § 6800 GENERAL PROVISIONS

6800.1 This chapter shall apply to applicants for and holders of a license to practice podiatry.

6800.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is §302(14) of the District of Columbia Health Occupations Revision Act of 1985, D.C. Law 6-99, D.C. Code §2-3303.2(14) (1988 Repl. Vol.), 33 DCR 729, 732 (February 7, 1986), and Mayor's Order 86-110, 33 DCR 5220 (August 22, 1986).
• SOURCE: Final Rulemaking published at 35 DCR 955 (February 12, 1988); as amended by Notice of Final Rulemaking published at 54 DCR 8072 (August 17, 2007).

17 DCMR § 6801 TERM OF LICENSE

6801.1 Subject to § 6801.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of March 31st of each even-numbered year.

6801.2 If the Director changes the renewal system pursuant to §4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 955 (February 12, 1988); as amended by Notice of Final Rulemaking published at 54 DCR 8072 (August 17, 2007).

17 DCMR § 6802 EDUCATIONAL REQUIREMENTS

6802.1 Except as otherwise provided for in this subtitle, an applicant for licensure must possess a Doctor of Podiatric Medicine degree (DPM) awarded by a podiatry school or college accredited by the Council on Podiatric Medical Education (CPME) in the year the applicant graduated. An official transcript shall serve as satisfactory proof of being awarded a degree of Doctor of Podiatric Medicine.

6802.2 Except as otherwise provided in this regulation, an applicant who submits an application for a license shall complete two (2) years of post-graduate clinical training in a residency program approved by CPME, or its successor, and approved by the Board in order to be eligible for the examination. The Board may waive this requirement at the request of an applicant who has practiced podiatry in another state for at least five (5) years immediately before applying for a license in the District.

History

• SOURCE: Final Rulemaking published at 35 DCR 955 (February 12, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2754 (May 4, 1990); as amended by Notice of Final Rulemaking published at 54 DCR 8072 (August 17, 2007); as amended by Final Rulemaking published at 66 DCR 12740 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6802

17 DCMR § 6803 [RESERVED]

17 DCMR § 6804 NATIONAL EXAMINATION

6804.1 To qualify for a license by examination, an applicant shall pass Parts One (1), Two (2), and Three (3) of the National Board of Podiatric Medical Examiners exam, or exams approved by the Board.

6804.2 Repealed.

6804.3 Repealed.

History

• SOURCE: Final Rulemaking published at 35 DCR 955, 956 (February 12, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2754 (May 4, 1990); as amended by Final Rulemaking published at 50 DCR 5294 (July 4, 2003); and as amended by Notice of Final Rulemaking published at 54 DCR 8072 (August 17, 2007); as amended by Notice of Final Rulemaking published at 58 DCR 8578, 8579 (October 7, 2011); as amended by Final Rulemaking published at 66 DCR 12740 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6804

17 DCMR § 6806 CONTINUING EDUCATION REQUIREMENTS

6806.1 Subject to § 6806.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a license.

6806.2 This section shall not apply to applicants for an initial license by examination, reciprocity, or endorsement, nor shall it apply to applicants for the first renewal of a license granted by examination.

6806.3 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 6807.

6806.4 An applicant for renewal of a license expiring on March 31, 2020, and all subsequent licensure terms shall submit proof pursuant to § 6806.7 of having completed fifty (50) hours of approved continuing medical education (CME) during the two (2) year period preceding the date the license expires. At least ten percent (10%) of the total required CME shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website. Twenty-five (25) CME credits must be directly related to the practice of podiatric medicine. Two (2) hours of CME are required in cultural competence and appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender non-conforming, queer, or questioning their sexual orientation or gender identity and expression. The CME credits may include the cardiopulmonary resuscitation (CPR) certification (as required in § 6811) or CME offerings through attendance at professional or scientific meetings of local, state, regional, national, or international professional or scientific organizations. Thirty (30) CME credits may be completed online. Proof of successful completion shall be submitted within thirty (30) days after it is requested by the Board.

6806.5 To qualify for a license, a person in inactive status within the meaning of § 511 of the Health Occupations Revisions Act, D.C. Official Code § 3-1205.11 (2016 Repl.), who submits an application to reactivate a license shall submit proof pursuant to § 6806.7 of having completed fifteen (15) hours of approved continuing education credit for each license year that the applicant was in inactive status, up to a maximum of seventy-five (75) hours.

6806.6 To qualify for a license, an applicant for reinstatement of a license shall submit proof pursuant to § 6806.7 of having completed twenty-five (25) hours of approved continuing education credit for each year that the applicant was not licensed, up to a maximum of one hundred twenty-five (125) hours.

6806.7 An applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(b) The dates on which the applicant attended the program;

(c) The hours of credit claimed; and

(d) Verification by the sponsor of completion, by signature or stamp.

6806.8 An applicant for renewal of a license who fails to submit proof of having completed continuing education requirements by the date the license expires may renew the license up to sixty (60) days after expiration by submitting proof pursuant to § 6807 and by paying the required additional late fee.

6806.9 Upon submitting proof of paying the late fee, the applicant shall be deemed to have possessed a valid license during the period between the expiration of the license and the submission of the required documentation and payment of the late fee.

6806.10 If an applicant for renewal of a license fails to submit proof of completion of continuing education requirements or pay the late fee within sixty (60) days after the expiration of applicant's license, the license shall be considered to have lapsed on the date of expiration.

6806.11 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew after expiration if the applicant's failure to submit proof of completion was for good cause and proof of documentation. For the purposes of this section, "good cause" includes the following:

(a) Serious and protracted illness of the applicant; or

(b) The death or serious and protracted illness of a member of the applicant's immediate family; or

(c) Any other appropriate circumstances at the discretion of the Board.

6806.12 The Board shall conduct a random audit of ten (10) percent of licensees to determine compliance with the continuing education requirements. The licensees shall submit proof of compliance with the continuing education requirements within thirty (30) days after it is requested by the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 955, 956 (February 12, 1988); as amended by Final Rulemaking published at 54 DCR 8072 (August 17, 2007); as amended by Final Rulemaking published at 58 DCR 8578, 8579 (October 7, 2011); as amended by Final Rulemaking published at 64 DCR 8587 (September 1, 2017); as amended by Final Rulemaking published at 66 DCR 12740 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6806

17 DCMR § 6807 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

6807.1 The Board may, in its discretion, approve continuing education programs or activities that directly or indirectly correlate to podiatric medicine and surgery that contribute to the growth of a licensee in professional competence in the practice of podiatry which meet the other requirements of this section.

6807.2 The Board may approve the following types of continuing education programs, if the program meets the requirements of § 6807.3:

(a) A seminar or workshop;

(b) A program offered at professional or scientific meetings of local, state, regional, national, or international professional or scientific organizations; and

(c) In-service training.

6807.3 To be considered for approval by the Board, a continuing education program shall:

(a) Be current in its professional subject matter as it relates to podiatric medicine;

(b) Be developed and taught by qualified individuals; and

(c) Meet one of the following requirements:

(1) Be pre-approved by the CPME or other accrediting body in the field of podiatric medicine; or

(2) Be submitted by the program sponsor to the Board for approval no fewer than sixty (60) days before the date of presentation.

6807.4 The Board shall issue an updated list of approved continuing education programs annually.

6807.5 An applicant shall have the burden of reviewing the Board’s updated list of approved continuing medical education programs, and verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

6807.6 In accordance with § 6807.1, credit shall be given for business or information technology courses that relate to the practice of medicine and surgery. No more than ten credits will be accepted by the Board derived from practice management courses that correlate to the practice of medicine.

History

• SOURCE: Final Rulemaking published at 35 DCR 955, 958 (February 12, 1988); as amended by Notice of Final Rulemaking published at 54 DCR 8072 (August 17, 2007); as amended by Notice of Final Rulemaking published at 58 DCR 8578, 8579 (October 7, 2011); as amended by Final Rulemaking published at 66 DCR 12740 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6807

17 DCMR § 6808 CONTINUING EDUCATION CREDIT

6808.1.1 The Board may grant continuing education credit for whole hours only, with minimum of fifty (50) minutes constituting one (1) credit hour.

6808.2 - 6808.11 Repealed.

History

• SOURCE: Final Rulemaking published at 35 DCR 955, 958 (February 12, 1988); as amended by Notice of Final Rulemaking published at 54 DCR 8072 (August 17, 2007).

17 DCMR § 6809 RESERVED

17 DCMR § 6810 PODIATRIST'S PROFILE

6810.1 An applicant for an initial license or renewal of a license to practice podiatry shall provide to the Board of Podiatry the following information within thirty (30) days from the date of the initial application or renewal or, change in the following information:

(a) The address and telephone number of the primary practice setting and all secondary practice settings with the percentage of time spent at each location;

(b) The names of schools of podiatry and graduate podiatric education programs attended with dates of graduation or completion of training;

(c) The names and dates of specialty Board qualification or certification, if any, as approved by the American Board of Foot and Ankle Surgery, the American Board of Podiatric Medicine, the American College of Foot and Ankle Surgeons, and the American Board of Multiple Specialties in Podiatry;

(d) The number of years in active, clinical practice in the United States or Canada following completion of podiatric training and the number of years, if any, in active, clinical practice outside the United States or Canada;

(e) The area of specialty, if any, in which the podiatrist practices;

(f) The names of hospitals with which the podiatrist is affiliated;

(g) Appointments, if applicable, within the past ten (10) years to medical school or podiatric school faculties with the years of service and academic rank;

(h) Publications, not to exceed ten (10) in number, in peer-reviewed literature within the most recent five-year period, to be supplied at the physician's discretion;

(i) Access, if any, to translating services for non-English speaking patients at the primary and secondary practice setting and which, if any, foreign languages are spoken in the practice;

(j) Whether the podiatrist participates in the District Medicaid and Medicare programs and whether he or she is accepting new Medicaid and Medicare patients, or D.C. Health Alliance;

(k) The names of insurances accepted by the podiatrist, to be supplied at the podiatrist's discretion;

(l) Information on misdemeanor and felony convictions including the date(s) of the conviction, the nature of the conviction, the jurisdiction in which the conviction occurred, and the sentence imposed, if any;

(m) Within the last ten (10) years, final orders of any regulatory board of another jurisdiction that resulted in the denial, probation, revocation, suspension, or restriction of any license or that resulted in the reprimand or censure of any licensure, fines imposed, or the voluntary surrender of a license while under investigation in a jurisdiction other than the District of Columbia, restriction or termination of privileges at a healthcare facility as a result of peer review action, as well as any disciplinary action taken by a federal health institution or federal agency; and

(n) The date, amount, and description of any malpractice settlement amount or payout resulting from a judgment made within the last ten (10) years.

History

• SOURCE: Final Rulemaking published at 35 DCR 955, 959 (February 12, 1988); as amended by Notice of Final Rulemaking published at 54 DCR 8072 (August 17, 2007); as amended by Final Rulemaking published at 66 DCR 12740 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6810

17 DCMR § 6811 CARDIOPULMONARY RESUSCITATION CERTIFICATION

REQUIREMENT

For each licensure period beginning on or after April 1, 2012, an applicant for initial licensure or for renewal, reactivation, or reinstatement of a license shall be certified in cardiopulmonary resuscitation (CPR) by successfully completing an authorized course.

An approved CPR certification or recertification course shall be eligible for a maximum of three (3) continuing education credit hours.

Board-approved sponsors for CPR training include, but are not limited to:

The American Red Cross;

The American Heart Association;

The American Safety and Health Institute; and

Ursus Lifesavers and Aquatics.

History

• Source: Notice of Final Rulemaking published at 58 DCR 8578, 8580 (October 7, 2011).

17 DCMR § 6812 HEALTH CARE RECORDS

6812.1 A podiatrist shall maintain accurate, detailed, legible, and organized health

care records documenting all information collected pertaining to a patient’s health status.

A podiatrist shall not erase, alter, or conceal information in a patient’s

health care records.

A podiatrist shall initial and date any correction made to a patient’s

health care record in the corresponding margin and shall maintain the legibility of any information that has been corrected.

6812.4 A podiatrist shall release, within twenty-one (21) business days after receipt of a request, a copy of a patient's health care records when the request is made by:

(a) The patient; or

(b) The legal representative or guardian of a patient or person authorized to have access to the patient's record under a health care power of attorney.

A podiatrist may charge a reasonable copy fee per health care record and may refuse to provide a copy of the patient’s health care until payment has been made.

Health care records shall be maintained for a minimum period of three (3)

years after the last contact by the podiatrist with an adult patient and a minimum period of three (3) years after a minor patient reaches the age of

majority.

A podiatrist shall post information in his or her office to inform patients of the period for health care record retention.

Patient health care records shall be destroyed in a manner that protects patient confidentiality, such as by incineration or shredding, and then only

after notice is provided to the last known address of the patient at least sixty (60) days before destruction.

Patient health care records stored electronically shall have an established system of weekly back-up.

When a podiatrist is closing, selling, or relocating his or her practice, he or she shall notify current and former patients whose health care records are being held by the podiatrist, at the patient’s last known address at least sixty (60) days before closing, selling, or relocating the practice. The podiatrist shall indicate how, where, and for how long patient health care

records may be retrieved after the office is closed, sold, or relocated.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 8578, 8580 (October 7, 2011); as amended by Final Rulemaking published at 66 DCR 12740 (September 27, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 6812

17 DCMR § 6899 DEFINITIONS

6899.1 As used in this chapter, the following terms have the meanings ascribed:

Applicant - a person applying for a license to practice podiatry under this chapter.

Board - the Board of Podiatry established by § 210 of the Act, D.C. Official Code § 3-1202.10 (2001).

Health care record – a document, except for a birth or death record, a record of admission to or discharge from a hospital or other health-care facility, or medical image, such as an x-ray, that pertain to the history, diagnosis, or health condition of a patient and is generated and maintained in the process of providing health-care treatment, regardless of whether the document, record of admission, or medical image originated with or was previously in the possession of another health-care provider.

Podiatrist - a person licensed to practice podiatry under the Act.

6899.2 The definitions in § 4099 of chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 955, 961 (February 12, 1988); as amended by Notice of Final Rulemaking published at 54 DCR 8072 (August 17, 2007); as amended by Notice of Final Rulemaking published at 58 DCR 8578, 8582 (October 7, 2011).

17-69 PSYCHOLOGY

17 DCMR § 6900 GENERAL PROVISIONS

6900.1 This chapter shall apply to applicants for and holders of a license to practice psychology.

6900.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 2921 (April 22, 1988). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6900

17 DCMR § 6901 TERM OF LICENSE

6901.1 Subject to §6901.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31 of each odd-numbered year.

6901.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 35 DCR 2921 (April 22, 1988). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6901

17 DCMR § 6902 EDUCATIONAL AND TRAINING REQUIREMENTS

6902.1 Except as otherwise provided in this subtitle, an applicant for a license shall furnish proof satisfactory to the Board, in accordance with § 504(o) of the Act, D.C. Official Code § 3-1205.04(o), of the following:

That the applicant has received a doctoral degree from an institution which was accredited, at the time the degree was conferred, by an accrediting body recognized by the Secretary of the United States Department of Education or the Council on Postsecondary Accreditation;

That the applicant meets one (1) of the following requirements:

That the applicant's doctoral degree program is listed in the "Doctoral Psychology Program Meeting Designation Criteria" published annually by the Association of State and Provincial Psychology Boards or the Council for the National Register of Health Service Providers in Psychology (the National Register), applicable for the year in which the degree was conferred;

That the applicant's doctoral degree program was accredited by the American Psychological Association (“APA”) at the time the degree was awarded;

That the applicant’s doctoral degree was conferred prior to 1981; or

That the applicant holds an active diploma awarded by the American Board of Professional Psychology (“ABPP”) ; and

(c) That the applicant has completed at least four thousand (4,000) hours of psychological practice experience (PPE) meeting the requirements of this chapter.

6902.2 The four thousand (4,000) hours of psychological practice experience required pursuant to § 6902.1(c) may have been acquired after conferral of the doctoral degree; or up to two thousand (2,000) hours may have been acquired during a pre-doctoral internship with the remaining hours acquired within two years after conferral of the doctoral degree. The Board may, at its discretion, grant an extension of the two (2) year time limit for good cause shown.

6902.3 If an applicant chooses to acquire the four thousand (4,000) hours of psychological practice after he or she has obtained the doctoral degree, the hours shall be obtained over a period of not less than two (2) years and not more than three (3) years commencing the day after conferral of the applicant’s doctoral degree but before the date the application is submitted. The Board may, at its discretion, extend the three (3) year time limit for good cause shown.

6902.4 The psychological practice experience required pursuant to § 6902.1(c) shall be acquired in at least one of the following ways:

An internship program accredited by the APA or meeting the membership criteria established by the Association of Psychology Postdoctoral and Internship Centers (APPIC);

A postdoctoral program accredited by the APA or meeting the membership criteria established by APPIC; or

A psychological practice experience meeting the criteria enumerated in § 6902.5.

6902.5 A psychological practice experience that does not meet the requirements of § 6902.4(a) or (b) shall meet the following requirements:

All practice shall be under the general supervision of a psychologist licensed in a jurisdiction of the United States, who shall be the primary supervisor;

The primary supervisor may delegate the supervisory responsibilities to another licensed psychologist, psychiatrist, or independent clinical social worker;

A minimum of ten percent (10%) of the total practice hours shall be performed under immediate supervision of the primary supervisor;

The primary supervisor shall ensure that the overall psychological practice experience complies with the requirements under this chapter and is consistent with the goals and principles of the professional practice of psychology; and

The applicant’s performance shall have been rated as at least satisfactory by each supervisor.

6902.6 An applicant for a license shall demonstrate the completion of the psychological practice experience required pursuant to § 6902.1(c) by submitting with the application a signed attestation from each supervisor who supervised the applicant during the required supervised practice. The supervisor’s attestation shall set forth the following:

That the supervision provided meets all the requirements of this section;

Detailed information of any delegated supervision where applicable;

The license numbers and the jurisdictions in which all supervisors were licensed during the supervisory period;

The location at which and the period of time during which the psychological practice experience took place;

The specific nature of and the responsibilities included in psychological practice experience obtained by the applicant; and

A rating of the applicant’s performance from all supervisors.

6902.7 An applicant for a license who has been licensed in another jurisdiction in the United States but who does not qualify for licensure by endorsement due to a lack of psychological practice experience meeting requirements of this section may rely upon at least two (2) years of licensed, unsupervised practice to fulfill the requirement of § 6902.1(c). The applicant shall submit a certificate of licensure in good standing with the application and a statement which sets forth the location, duration, total hours, and specific nature of the applicant’s practice.

6902.8 An applicant whose doctoral program does not meet the requirements of § 6902.1(b) shall be eligible for licensure provided that the applicant was enrolled in the doctoral program prior to April 15, 2011, and the applicant meets all other requirements of this chapter necessary for licensure.

6902.9 The Board may waive any specific requirements of § 6902.5 if the psychological practice experience was initiated prior to June 30, 2014.

History

• SOURCE: Final Rulemaking published at 35 DCR 2921 (April 22, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2754 (May 4, 1990); as amended by Final Rulemaking published at 55 DCR 5250 (May 2, 2008); as amended by Final Rulemaking published at 58 DCR 3241 (April 15, 2011); as amended by Final Rulemaking published at 59 DCR 2159 (March 16, 2012); as amended by Final Rulemaking published at 61 DCR 4921 (May 16, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6902

17 DCMR § 6903 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

6903.1 The Board may grant a license to practice psychology to an applicant who completed an educational program in a college or university in a foreign country which program is not accredited in accordance with § 6902 if the applicant meets the following requirements:

(a) Meets all requirements of this chapter except for § 6902.1; and

(b) Demonstrates to the satisfaction of the Board that the applicant's education and training are substantially equivalent to the requirements of this subtitle and the Act in ensuring that the applicant is qualified to practice psychology by submitting the documentation required by § 6903.2 of this section.

6903.2 An applicant under this section shall, in lieu of meeting the requirements of § 6902.1(a), submit one of the following:

(a) Proof satisfactory to the Board that the applicant has received a doctoral degree from a foreign institution which was accredited, at the time the degree was conferred, by an accrediting body recognized by the national government of the country in which the institution is located; or

(b) A certification from a private education evaluation service approved by the Board that the applicant's foreign education is substantially equivalent to the education provided in an accredited program.

6903.3 The Board may interview an applicant under this section to determine whether the applicant's education or training meets the requirements of the Act and this chapter.

6903.4 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 35 DCR 2921 (April 22, 1988). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6903

17 DCMR § 6904 NATIONAL EXAMINATION

6904.1 To qualify for a license by examination, an applicant shall receive one of the following scores:

A score not lower than one-half (0.5) standard deviation below the national mean score on the Examination for the Professional Practice of Psychology (EPPP), sponsored by the Association of State and Provincial Psychology Boards (ASPPB);

A passing score, as determined by the Board, on a successor examination to the ASPPB’s EPPP examination; or

A passing score on the examination sponsored by the American Board of Professional Psychology (ABPP).

6904.2 An applicant who has passed an examination specified in § 6904.1 more than five (5) years prior to the application date, but who does not qualify for a license by reciprocity or endorsement pursuant to the Act and § 4014 of this title, shall not be required to retake the examination if the applicant demonstrates to the satisfaction of the Board that the applicant has been continuously licensed and practicing as a psychologist in the United States since the date the applicant passed the examination.

6904.3 An applicant who desires to take an examination specified in § 6904.1(a) shall submit an application and supporting documentation to the Board in order to receive authorization to sit for the examination.

6904.4 An authorization for an applicant to take the EPPP examination pursuant to § 6904.3 shall be valid for one hundred and twenty (120) days. If an applicant fails to take and pass the EPPP within one hundred and twenty (120) days, the application shall be closed and the authorization for supervised practice, if any had been granted, shall expire on the day the application is closed. The Board may extend the time limit for good cause shown.

6904.4 An applicant shall submit the applicant’s examination results, which have been certified or validated by the ASPPB or ABPP, to the Board with the completed application.

6904.5 An applicant who fails the EPPP examinations on two (2) consecutive attempts may not receive authorization to take another examination for one (1) year following the second failure. Thereafter, the applicant may not take an examination for one (1) year after each failure.

History

• SOURCE: Final Rulemaking published at 35 DCR 2921, 2925 (April 22, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2754 (May 4, 1990); as amended by Final Rulemaking published at 61 DCR 4921 (May 16, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6904

17 DCMR § 6905 DISTRICT OF COLUMBIA JURISPRUDENCE EXAMINATION

6905.1 To qualify for a license under this chapter, an applicant shall receive a passing score on a jurisprudence examination developed by the Board on the laws and rules of the District of Columbia and the ethical standards pertaining to the practice of psychology in the District.

6905.2 An applicant shall not be eligible to take the District examination until all other requirements for a license are met.

6905.3 The jurisprudence examination may consist of questions on the following:

The District of Columbia statutes and rules concerning the practice of psychology; and

The Code of Ethics of the American Psychological Association.

6905.4 The passing score on the jurisprudence examination shall be set by the Board.

6905.5 The Board may require applicants to be interviewed with respect to their past and present education and experience relating to psychology.

6905.6 An applicant who fails the jurisprudence examination on two (2) consecutive attempts may not retake the examination for six (6) months following the second failure. Thereafter, the applicant may not retake the examination for one (1) year after each failure.

History

• SOURCE: Final Rulemaking published at 35 DCR 2921, 2925 (April 22, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2754 (May 4, 1990); as amended by Final Rulemaking published at 61 DCR 4921 (May 16, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6905

17 DCMR § 6906 CONTINUING EDUCATION REQUIREMENTS

6906.1 Subject to § 6906.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a license.

6906.2 This section does not apply to applicants for an initial license or applicants for the first renewal after the initial grant of a license.

6906.3 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 6907.

6906.4 To qualify for the renewal of a license, an applicant shall complete thirty (30) hours of valid continuing education during the two (2)-year period preceding the date the license expires, which shall also meet the following requirements:

(a) At least fifteen (15) hours of valid continuing education shall be completed in live program(s);

(b) Ten percent (10%) of the required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate; and

(c) Three (3) hours shall be in ethics and two (2) hours shall be LGBTQ continuing education.

6906.5 A reactivation applicant in inactive status within the meaning of § 511 of the Act, D.C. Official Code § 3-1205.11, who submits an application to reactivate the license shall submit proof of having completed fifteen (15) approved continuing education hours for each inactive year, which shall include one (1) hour each of ethics and LGBTQ continuing education for each year that the license was inactive, provided further that ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

6906.6 An applicant for reinstatement of a license shall submit proof of having completed fifteen (15) approved continuing education hours for each year after the license has expired, including one (1) hour each of ethics and LGBTQ continuing education, provided further that ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

6906.7 A renewal, reactivation, or reinstatement applicant shall prove completion of required continuing education credits by submitting the following information with respect to each continuing education program or activity:

The name and address of the sponsor of the program;

The name of the program, its location, a description of the subject matter covered, a complete schedule with time allotments for each topic or subtopic and lunch or breaks, and the name of each instructor or speaker;

The date(s) on which the applicant participated in the program;

The hours of continuing education credit claimed; and

A copy of the continuing education completion verification document that includes the sponsor’s signature and seal.

6906.8 An applicant under this section shall prove completion of continuing education course work which was audited, as provided in § 6908.3, by submitting a signed statement from the instructor on college stationery for each class attended.

6906.9 [REPEALED].

History

• SOURCE: Final Rulemaking published at 35 DCR 2921, 2925 (April 22, 1988); as amended by Final Rulemaking published at 56 DCR 6019-6020 (July 31, 2009); as amended by Final Rulemaking published at 61 DCR 4921 (May 16, 2014); as amended by Final Rulemaking published at 64 DCR 8248 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 7944 (July 5, 2019). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6906

17 DCMR § 6907 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

6907.1 The Board may, at its discretion, approve continuing education programs and activities that meet the requirements of this section and contribute to the growth of an applicant or licensee in professional competence in the practice of psychology based on the following criteria:

They are relevant to psychological practice, education, and science;

They enable psychologists to keep pace with emerging issues and technologies; or

They enable psychologists to maintain, develop, and increase competencies to improve services to the public and enhance contribution to the profession.

6907.2 The Board may approve the following types of continuing education programs if the programs meet the requirement of § 6907.3:

A seminar or workshop;

An education program given at a conference;

In-service training; and

An online or home study course; or

An undergraduate or graduate course given at an accredited college or university provided that an undergraduate course shall be acceptable only if the Board determines that the course is required or needed by the applicant or licensee as an introductory component of a professional development plan for the purpose of entering an area of psychology for which the applicant or licensee is currently not qualified to practice independently.

6907.3 The Board may approve a continuing education program if it meets the following requirements:

It is current in its subject matter;

It has been developed by qualified individuals of whom one shall be a psychologist;

It was or will be taught or facilitated by at least one qualified individual; and

It meets one of the following requirements:

It is administered by an accredited college or university;

It has been approved by a Board-recognized psychology organization, accredited health care facility, or other legally constituted organization; or

The program sponsor submits the program information to the Board for review no less than sixty (60) days prior to the date of the presentation and the program is approved by the Board before the program or activity starts. The program or activity sponsor shall include each of the following:

(A) The sponsor’s name and address;

(B) The program’s name;

(C) The location;

(D) A description and specific goals;

(E) The target audience’s maximum size and professional level (Master’s or doctorate);

(F) The program’s tentative or actual schedule, including the allotted time for lunch, breaks and topic headings or subheadings;

(G) An appropriately constructed evaluation form and continuing education completion verification document;

(H) The name and credentials of each instructor or speaker including relevant education, training, research, publications, work samples(s), honor or awards, special recognition; and, if applicable;

(I) The evaluation results of comparable programs or activities previously conducted.

6907.4 An applicant or licensee shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

6907.5 The Board may approve the following continuing education activities:

Serving as an instructor or speaker at a conference, seminar, workshop, or in-service training;

Being the author or coauthor of an article (including “critiques” and “responses”) or a book review in a professional journal or periodical, or author or coauthor of a book or book chapter;

Serving as an editor (including “associate” and “junior” levels) for a professional journal, periodical or book;

Serving as an article reviewer for a professional journal or periodical; or

Having developed an online or home study continuing education course.

History

• SOURCE: Final Rulemaking published at 35 DCR 2921, 2925 (April 22, 1988); as amended by Final Rulemaking published at 56 DCR 6019-6020 (July 31, 2009); as amended by Final Rulemaking published at 61 DCR 4921 (May 16, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6907

17 DCMR § 6908 CONTINUING EDUCATION CREDITS

6908.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) continuing education (CE) hour or credit.

6908.2 For approved undergraduate or graduate courses taken for educational credit, each semester credit hour shall constitute five (5) CE hours and each quarter-hour credit shall constitute seven and one-half (7-1/2) CE hours.

6908.3 For approved undergraduate or graduate courses that are audited, each semester hour of credit shall constitute fifteen (15) CE hours, and each quarter hour of credit shall constitute ten (10) CE hours.

6908.4 The Board may grant a maximum of ten (10) CE hours per licensure period to an applicant or licensee who participates in one or more in-service education programs.

6908.5 The Board may grant a maximum of fifty percent (50%) of an applicant’s or licensee’s continuing education requirement for completing continuing education activities listed under § 6907.5.

6908.6 The Board may grant credit to an applicant or licensee who serves as an instructor or speaker at an approved program for preparation and presentation time, subject to the restrictions under § 6908.7 through § 6908.9.

6908.7 The amount of continuing education credit that may be granted for preparation and presentation time pursuant to § 6908.6 is fifty percent (50%) of the amount of actual presentation time, subject to the limitations pursuant to § 6908.11(k).

6908.8 If an applicant or licensee has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject.

6908.9 The presentation shall have been completed during the period for which credit is claimed.

6908.10 The Board may grant continuing education credit under § 6907.5(b) only if the applicant or licensee proves to the satisfaction of the Board that the work has been published or accepted for publication during the period for which credit is claimed.

6908.11 The Board may grant continuing education credits in the following manner:

For serving as a reviewer of articles submitted for publication, one (1) CE hour may be granted for each article reviewed up to a maximum of three (3) articles;

For providing a published critique or response to a published article, one (1) CE hour may be granted up to a maximum of three critiques or responses;

For publishing an article, a maximum of three (3) CE hours may be granted;

For publishing a book, a maximum of fifteen (15) CE hours may be granted;

For serving as a co-editor of a published book, a maximum of fifteen (15) continuing education credits may be divided among the co-editors with each co-editor receiving at least three (3) CE hours;

For publishing a book chapter, a maximum of three (3) CE hours may be granted;

For reviewing a book, a maximum of three (3) CE hours maybe granted;

For serving as a senior editor for a journal or periodical, a maximum of twelve (12) CE hours may be granted;

For serving as an associate editor for a journal or periodical, a maximum of nine (9) CE hours may be granted;

For serving as a junior (or comparable level) editor, six (6) CE hours may be granted;

For serving as a speaker or instructor for a seminar, workshop, conference or in-service training, a maximum of six (6) CE hours may be granted for each presentation; or

For serving as a developer of an online or home study continuing education course, a maximum of three (3) CE hours per course may be granted.

6908.12 An applicant or licensee shall receive no more than fifteen (15) CE hours for any combination of the activities listed in § 6908.11 or for completing any combination of online and home study courses.

6908.13 No continuing education credit shall be awarded for any if either of the following is true:

The activity is an expected responsibility of a paid position held by the applicant or licensee (such as a professor on a tenure track publishing an article); or

The applicant or licensee received compensation (including honoraria) or will receive compensation for the activity in the future.

6908.14 The Board may grant a maximum of thirty (30) CE hours to an applicant or licensee for the completion and award of the (ABPP specialty certification during a licensure period. The Board may grant all thirty (30) credits toward fulfillment of the continuing education requirement during one (1) licensure period or may grant fifteen (15) credits over two (2) consecutive licensure periods, provided that the completion and award of ABPP specialty certification occurred during one of the licensure periods.

History

• SOURCE: Final Rulemaking published at 35 DCR 2921, 2925 (April 22, 1988); as amended by Final Rulemaking published at 56 DCR 6019-6020 (July 31, 2009); as amended by Final Rulemaking published at 61 DCR 4921 (May 16, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6908

17 DCMR § 6909 CODE OF PROFESSIONAL CONDUCT

6909.1 A licensee, student or graduate practicing psychology pursuant to this chapter shall adhere to the standards set forth in the most recent edition of the “Ethical Principals of Psychologists and Code of Conduct” as published by the American Psychological Association.

History

• SOURCE: Final Rulemaking published at 54 DCR 1663 (February 23, 2007); as amended by Final Rulemaking published at 61 DCR 4921 (May 16, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6909

17 DCMR § 6910 RE-LICENSURE AFTER FIVE OR MORE YEARS OF EXPIRATION

6910.1 An applicant for license who was previously licensed in the District of Columbia and has not had an active District of Columbia license for five (5) years or more and who does not have an active license in another jurisdiction shall:

Retake and pass the D.C. jurisprudence examination, in accordance with § 6905, and complete the number and type of continuing education credits required by the Board which shall be determined on a case-by-case basis;

Submit proof of one (1) year of study completed within the past four (4) years in an approved education program in accordance with § 6902.1 of this chapter; or

Submit proof of six (6) months of full-time supervised experience meeting the requirements of § 6911.

History

• SOURCE: Final Rulemaking published at 58 DCR 3241, 3242 (April 15, 2011); as amended by Final Rulemaking published at 61 DCR 4921 (May 16, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6910

17 DCMR § 6911 PRACTICE OF PSYCHOLOGY BY STUDENTS OR PSYCHOLOGY ASSOCIATES ACCRUING HOURS TO QUALIFY FOR LICENSURE

6911.1 A student or a psychology associate accruing Psychological Practice Experience to qualify for licensure may practice only under the primary supervision of a psychologist licensed in the District under the Act and in accordance with this section. The primary supervising psychologist may, based on his or her professional judgment, delegate some supervisory responsibility to another psychologist, a psychiatrist, or an independent clinical social worker licensed in the District, provided that he or she retains full responsibility for ensuring that the supervisee comply with the laws and regulations governing the practice of psychology.

6911.2 A student whose practice fulfills educational requirement under § 103(c) of the Act, D.C. Official Code § 3-1201.03(c) (2016 Repl.) may practice psychology without a license provided that the practice is properly supervised in accordance with § 6911.1 and the student does not receive any direct or indirect compensation for the practice.

6911.3 A person who is not an enrolled student meeting the requirements of § 103(c) of the Act, D.C. Official Code § 3-1201.03(c) (2016 Repl.) and seeks to accrue hours of Psychological Practice Experience in the District in order to qualify for licensure shall first obtain registration as a psychology associate pursuant to chapter 86 of this title.

6911.4 A student or psychology associate accruing Psychological Practice Experience shall identify himself or herself as a student or psychology associate to a client before providing services to the client.

6911.5 A supervisor shall fully inform a client or patient that the supervisee will be providing services and obtain the client’s or patient’s consent thereto prior to the provision of the services by the supervisee.

6911.6 A minimum of ten percent (10%) of the total supervised practice hours shall be performed under immediate supervision of the primary supervisor.

6911.7 A psychology associate shall not receive compensation of any nature, directly or indirectly, from a patient but may receive a salary or other form of compensation from his or her employer based on hours worked in the training program.

6911.8 A supervisor shall be fully responsible for all supervised practice by a student or psychology associate during the period of supervision, and shall be subject to disciplinary action for any violation of the Act or this chapter by the student or psychology associate.

6911.9 A student or psychology associate accruing practice hours shall be subject to all applicable provisions of the Act and this chapter. The Board may deny an application for a license by, or take other disciplinary action against, a student or psychology associate who is found to have violated the Act or this chapter, in accordance with chapter 41 of this title.

6911.10 All documentation including patients’ and financial records shall clearly show work performed by the supervisor and the supervisee and the supervisee’s services shall not be invoiced as work performed by the supervisor. Nor shall the supervisee be permitted to independently or directly invoice for his or her services.

6911.11 A licensed psychologist intending to act as a primary supervisor for any Psychological Practice Experience not meeting the requirements of §§ 6902.4(a) or (b) shall meet the following requirements:

Possess and maintain a valid, active license free of any formal disciplinary action, whether pending or active, by the Board or any other licensing authority; and

Complete a minimum of four (4) hours of continuing education or training in supervision during each licensure period in which he or she performs the duties of a primary supervisor.

6911.12 A primary supervisor shall have the duty of ensuring that the overall Psychological Practice Experience complies with the requirements under this chapter and is consistent with the goals and principles of the professional practice of psychology.

6911.13 A supervisor may not supervise an individual with whom he or she has a familial, social, or financial relationship that may create an appearance of or an actual conflict of interests.

6911.14 The primary and the delegated supervisors shall be jointly responsible for ensuring that the supervisee comply with all the ethical, professional, and legal requirements under the Act and this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 2921, 2929 (April 22, 1988); as amended by Final Rulemaking published at 58 DCR 3241, 3242 (April 15, 2011); as amended by Final Rulemaking published at 61 DCR 4921 (May 16, 2014); as amended by Final Rulemaking published at 66 DCR 7944 (July 5, 2019). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6911

17 DCMR § 6912 SUPERVISION OF PSYCHOLOGY ASSOCIATES

6912.1 A supervisor of a psychology associate shall supervise only in those areas within the supervisor’s competence based on the supervisor’s education, training, and experience. The supervisor shall delegate supervisory responsibility to another psychologist or psychiatrist to ensure that the psychology associate receives appropriate supervision in areas outside of the expertise of the original supervisor.

6912.2 Appropriate supervision is determined by the following:

Education, training, and experience of the psychology associate;

Nature and extent of the services to be performed by the psychology associate; and

Setting in which the services are to be performed.

6912.3 A supervisor may supervise a maximum of five (5) psychology associates at any one (1) time.

6912.4 A supervisor shall ensure that a psychology associate is practicing within the scope of the psychology associate’s competencies as demonstrated by the psychology associate’s documented training and experience in a particular area of practice.

6912.5 A supervisor shall maintain appropriate documentation of the nature and extent of the supervision provided or delegated, including the dates, duration, and focus of the supervisory sessions. The supervisor shall provide a reason for any delegation of supervisory responsibility.

6912.6 Pursuant to § 8611.5 a supervisor shall provide documentation requested upon demand by an individual authorized by the board.

6912.7 A supervisor shall not engage in supervision of a psychology associate who is a friend or relative.

6912.8 A supervisor shall immediately report to the Board, by certified mail, the date of termination of the supervisory relationship with a psychology associate.

6912.9 A supervisor shall be responsible for all services provided by a psychology associate under the supervisor’s supervision.

6912.10 A psychology associate shall inform the supervisor of all complaints, formal or informal, about the services provided by the psychology associate.

History

• SOURCE: Final Rulemaking published at 61 DCR 4921 (May 16, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6912

17 DCMR § 6999 DEFINITIONS

6999.1 As used in this chapter, the following terms shall have the meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code §§ 3-1201 et seq. (2016 Repl.)).

Board – Board of Psychology, established by § 211(a) of the Act (D.C. Official Code § 3-1202.11(a)).

Delegated Supervisor – a psychologist, a psychiatrist, or an independent clinical social worker licensed in a jurisdiction of the United States who agrees to assist the primary supervisor in providing supervision, training, and mentoring of a supervisee accruing psychological practice experience.

Director – the Director of the Department of Health or the Director’s designee.

General Supervision – supervision in which the supervisor maintains overall direction and control of the services provided by the supervisee. The supervisor is not required to be physically present at the time and in the place where the service is being provided but must be available on the premises or by communication device at the time the supervisee is practicing and can be on-site in the event of a clinical emergency within two (2) hours.

Graduate - an individual who has completed a doctoral program of study from a program meeting the requirements of § 6902.1

Home Study - continuing education activities that are printed or recorded or computer-assisted instructional materials that do not provide for direct interaction between presenter(s) and participants

Immediate Supervision – supervision in which the supervisor maintains direction and control of the services provided by the supervisee through in-person, face-to-face observation or in physical proximity to the individual being supervised.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

Licensure Period – a period during which a license issued under this chapter is effective between January 1 of an even-numbered year and December 31 of the following odd-numbered year.

Live Program – continuing education activities that provide for direct, real-time interaction between presenter(s) and participants and may include, inter alia, lectures, symposia, live teleconferences, live webinars, workshops.

Primary Supervisor – the supervising psychologist who provides supervision, training, and mentoring of a supervisee accruing psychological practice experience and oversees the supervisee’s practice, including the practice and services performed under supervision of delegated supervisor(s). The primary supervisor retains full responsibility over the quality of the supervisee’s learning and practice.

Psychological Practice Experience – a period of pre-licensure supervised practice of psychology, as required pursuant to § 6902.1(c), by a student or a graduate of a doctoral program meeting the requirements of §§ 6902.1(a) and (b).

Student - an individual who is enrolled in a doctoral program which meets the requirements of Subsection 6902.1.

History

• SOURCE: Final Rulemaking published at 35 DCR 2921, 2932 (April 22, 1988); as amended by Final Rulemaking published at 56 DCR 6019, 6024 (July 31, 2009); as amended by Final Rulemaking published at 61 DCR 4921 (May 16, 2014); as amended by Final Rulemaking published at 64 DCR 8248 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 7944 (July 5, 2019). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 6999

17-70 SOCIAL WORK

17 DCMR § 7000 GENERAL PROVISIONS

7000.1 This chapter shall apply to applicants for and holders of a license to practice social work.

7000.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

7000.3 All applicants for issuance, renewal, reinstatement, or reactivation of a social work license in the District of Columbia shall undergo a criminal background check in accordance with chapter 85 of title 17 of the District of Columbia Municipal Regulations.

History

• SOURCE: Final Rulemaking published at 35 DCR 1052 (February 19, 1988); as amended by Final Rulemaking published at 52 DCR 10686 (December 9, 2005); as amended by Notice of Final Rulemaking published at 59 DCR 4209 (May 4, 2012).

17 DCMR § 7001 TERM OF LICENSE

7001.1 A license issued pursuant to this chapter shall expire on July 31st of each odd-numbered year unless the Director changes the renewal system pursuant to § 4006.3, in which case a license issued pursuant to this chapter shall expire on the date established by the Director pursuant to § 4006.3.

7001.2 A holder of an expired or sanctioned license under this chapter shall not be granted a new license at the same level. He or she shall only be eligible to apply for renewal or reinstatement of the license, if the license is still eligible for reinstatement or renewal, by meeting the requirements under this chapter in addition to the requirements set forth in any applicable order of the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 1059 (February 19, 1988); as amended by Final Rulemaking published at 36 DCR 8281 (December 8, 1989); as amended by Final Rulemaking published at 52 DCR 10686 (December 9, 2005); as amended by Notice of Final Rulemaking published at 59 DCR 4209 (May 4, 2012); as amended by Notice of Final Rulemaking published at 73 DCR 003199 (March 6, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7001

17 DCMR § 7002 EDUCATIONAL AND TRAINING REQUIREMENTS

7002.1 Except as otherwise provided in this chapter, an applicant shall meet the educational and training requirements for the level of licensure sought in accordance with §§801 to 804 of the of the Act, D.C. Code §§2-3308.1 to 2-3308.4 (1987 Supp.).

7002.2 The degree program upon which an applicant relies shall appear in the edition of the "List of Colleges and Universities with Accredited Social Work Degree Programs" published by the Council on Social Work Education applicable to the year in which the degree was conferred.

7002.3 [Repealed]

7002.4 [Repealed]

7002.5 [Repealed]

History

• SOURCE: Final Rulemaking published at 35 DCR 1059, 1060 (February 19, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2754 (May 4, 1900); as amended by Final Rulemaking published at 52 DCR 10686 (December 9, 2005).

17 DCMR § 7003 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

7003.1 The Board may grant a license to practice social work to an applicant who has completed an educational program in a foreign country, which program is not recognized by the Council of Social Work Education, if the applicant meets the following requirements:

(a) Meets all requirements of the Act and this chapter, except for the requirements of §§ 801 to 804 of the Act, D.C. Code §§ 2-3308.1 to 2-3308.4 (1987 Supp.), that the required degree be from a social work program accredited by the Council of Social Work Education; and

(b) Demonstrates to the satisfaction of the Board that the applicant's education and training are substantially equivalent to the requirements of this subtitle and the Act by submitting the documentation required by § 7003.2.

7003.2 An applicant under this section shall submit with the application a certification from the Foreign Equivalency Determination Service of the Council on Social Work Education that the applicant's foreign education is equivalent to the applicable requirements of the Act and this chapter.

7003.3 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 35 DCR 1059, 1061 (February 19, 1988).

17 DCMR § 7004 NATIONAL EXAMINATION

7004.1 Except as otherwise provided in this subtitle, an applicant shall receive a passing score on the required level of the examination sponsored by the Association of Social Work Boards (the “national examination”) or on another examination determined by the Board to be equivalent.

7004.2 Beginning January 1, 2013, an applicant seeking to take the Advanced Clinical (Independent clinical social worker) level of the national examination clinical examination shall have completed twelve (12) academic credits of clinical course work from a Council on Social Work Education accredited program with a minimum of six (6) of the twelve (12) academic credits having been obtained in a Master's of Social Work program.

7004.3 Notwithstanding Subsection 7004.2, effective from the date of publication of this regulation until January 1, 2015, an applicant that does not meet the requirements set forth in Subsection 7004.2, may apply to take the Advanced Clinical (Independent clinical social worker) level of the national examination clinical examination if the applicant:

Has completed six (6) or more academic credits of clinical course work from a Council on Social Work Education accredited program;

Has completed a Board-approved post-graduate clinical training program; and

Has completed an additional five hundred (500) hours of supervised practice hours in a clinical setting beyond the required three thousand (3000) hours of post-master’s or postdoctoral experience. For purposes of this section only, the additional five hundred (500) hours may have been obtained over a period of more than four (4) consecutive years but shall not exceed five (5) consecutive years.

7004.4 Notwithstanding Subsection 7004.2, effective from the date of publication of this regulation until January 1, 2015, an applicant that has completed less than six (6) academic credits of clinical course work from a Council on Social Work Education accredited program, may apply to take the Advanced Clinical (Independent clinical social worker) level of the national examination clinical examination if the applicant:

(a) Has completed a Board-approved post-graduate clinical training program; and

(b) Has completed an additional one thousand (1000) hours of supervised practice hours in a clinical setting beyond the required three thousand (3000) hours of post-master’s or postdoctoral experience. For purposes of this section only, the additional one thousand (1000) hours may have been obtained over a period of more than four (4) consecutive years but shall not exceed six (6) consecutive years.

7004.5 An applicant who has passed the examination required under § 7004.1 more than five (5) years prior to the application date, shall be required to retake the examination unless the applicant demonstrates to the satisfaction of the Board that the applicant has been continuously licensed and practicing as a social worker in the United States since the date the applicant passed the examination.

7004.6 The passing score on the Associate (social work associate) level of the national examination shall be seventy-five (75).

7004.7 The passing score on the Basic (graduate social worker) level of the national examination shall be seventy-five (75).

7004.8 The passing score on the Advanced Generalist (Independent social worker) level of the national examination shall be seventy-five (75).

7004.9 The passing score on the Advanced Clinical (Independent clinical social worker) level of the national examination shall be seventy-five (75).

7004.10 An applicant shall submit the applicant’s examination results, which have been certified or validated by the Association of Social Work Boards (ASWB), to the Board with the completed application.

7004.11 The Board may require an applicant who fails to pass the examination after two (2) consecutive attempts to complete a review course approved by the Board or any remediation as determined by the Board to be appropriate, prior to retaking the examination.

7004.12 The Board may require an applicant who fails to pass the examination after four (4) consecutive attempts to complete a Board approved review course prior to being approved to retake the examination.

7004.13 The Board may require an applicant who fails to pass the examination after six (6) consecutive attempts to complete an additional one (1) year of supervised practice under the supervision of a licensed independent social worker or licensed independent clinical social worker, as appropriate, prior to being approved to retake the examination.

7004.14 The Board shall not accept any review courses or supervised practice hours completed prior to the date of the last failed examination in satisfaction of the requirements set forth in § 7004.11 and 7004.12.

History

• SOURCE: Final Rulemaking published at 35 DCR 1059, 1062 (February 19, 1988); as amended by Final Rulemaking published at 37 DCR 2747, 2754 (May 4, 1990); as amended by Final Rulemaking published at 52 DCR 10686 (December 9, 2005); as amended by Final Rulemaking published at 59 DCR 4209, 4210 (May 4, 2012); as amended by Final Rulemaking published at 60 DCR 8489 (June 7, 2013); as corrected by Errata Notice published at 60 DCR 9722 (June 28, 2013).

17 DCMR § 7005 ELIGIBILITY TO TAKE NATIONAL EXAMINATION

7005.1 An individual may be eligible to take the national examination if the individual:

(a) Has completed a social work program accredited by the Council of Social Work Education; or

(b) Is enrolled in his or her final semester or quarter of a social work program accredited by the Council of Social Work Education, and is expected to receive the applicable social work degree at the end of the semester or quarter.

7005.2 A student enrolled in his or her final semester or quarter of a social work program accredited by the Council of Social Work Education, who is a candidate for a degree in Social Work, may request approval from the Board to sit for the national examination as follows:

(a) By submitting an application to the Board for a license by examination on the required forms, which includes the following:

(1) The applicant's social security number or if the applicant does not have a social security number, a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

(2) An uploaded high-resolution digital color image of the applicant’s face that complies with any requirements specified in the application form;

(b) By submitting a written request to the Board for authorization to take the national examination prior to graduation;

(c) By arranging for the education institution to submit to the Board, official evidence under seal of the university or school indicating:

(1) The degree that the student is expected to receive; and

(2) The date that the student is expected to receive the degree.

(d) By meeting any other requirements as set forth by the Board; and

(e) By paying all required fees.

7005.3 Approval to take the national examination shall be effective for two (2) examinations or one hundred and twenty (120) days, which ever comes first.

7005.4 After graduating from the social work program, and taking the national examination, the student shall submit to the Board the required documents as set forth under § 7006.2(b)-(e) of this chapter to complete the applicant's application for a license by examination.

7005.5 An application that remains incomplete for one hundred and twenty (120) days or more from the date of submission shall be considered abandoned, and closed by Board. The applicant shall thereafter be required to reapply, comply with the current requirements for licensure, and pay the required fees.

7005.6 A license may not be granted until the Board receives proof of graduation.

History

• SOURCE: Final Rulemaking published at 52 DCR 10686 (December 9, 2005); as amended by Notice of Final Rulemaking published at 73 DCR 003199 (March 6, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7005

17 DCMR § 7006 CONTINUING EDUCATION REQUIREMENTS

7006.1 To qualify for a license by examination, an applicant shall:

(a) Be a graduate of a social work program accredited by the Council of Social Work Education at the time the applicant graduated;

(b) Receive a passing score on the required level on the national examination or on another examination determined by the Board to be equivalent;

(c) Meet the training requirements for the level of licensure sought; if any, and

(d) Meet any other requirements as set forth by the Board.

7006.2 To apply for a license by examination, an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

(1) The applicant's social security number on the application. If the applicant does not have a social security number, the applicant shall submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

(2) An uploaded high-resolution digital color image of the applicant’s face that complies with any requirements specified in the application form;

(b) Submit to the Board a certified transcript from an education institution which shall appear in the edition of the "List of Colleges and Universities with Accredited Social Work Degree Programs", published by the Council on Social Work Education applicable to the year in which the degree was conferred;

(c) Submit to the Board the applicant's certified or validated national examination results;

Submit to the Board the name, address, telephone number, email, and license number of two (2) professional references and the name and email of one (1) personal reference;

(e) Submit any other required documents; and (f) Pay all required fees.

7006.3 An applicant for a license as an independent social worker or independent clinical social worker shall submit with the application the following:

(a) Proof satisfactory to the Board that:

(1) The applicant has completed the applicable supervised practice requirements of the Act under the supervision of a qualified supervisor as set forth under § 7013;

(2) At least one hundred (100) hours of the applicant’s three thousand (3000) hours of supervised practice was completed under the immediate face-to- face supervision of a qualified supervisor as set forth under § 7013 of this chapter; and

(3) That the three thousand (3000) hours of supervised practice were completed not more than five (5) years prior to the application date;

(b) The name(s) of the applicant's supervisor(s);

(c) A statement detailing the nature and locations of the applicant's experience; and

(d) A signed statement from each supervisor during the required period of supervised practice on a form approved by the Board, which sets forth the following:

(1) The location at which and period of time during which the supervised practice took place;

(2) The hours of supervision of the applicant;

(3) The hours of immediate supervision of the applicant;

(4) The specific nature of and responsibilities included in the applicant's practice;

(5) A rating of the applicant's performance; and

(6) The qualifications of the supervisor to act as such pursuant to the Act and this chapter.

7006.4 The performance of an applicant subject to § 7006.3 during the required period of supervised practice shall at all times have been rated as satisfactory or better.

7006.5 An applicant for licensure in the District of Columbia who has obtained his or her required three thousand (3000) hours of post-master's or postdoctoral experience outside of the District of Columbia:

(a) Shall submit proof satisfactory to the Board that the hours were valid or legally recognized in the jurisdiction in which they were obtained; and

(b) Shall submit proof satisfactory to the Board that the applicant's supervisor met one of the following requirements:

(1) The supervisor was licensed in good standing in the United States as an independent social worker or independent clinical social worker, as applicable;

(2) The supervisor was licensed in good standing in the United States at a level equivalent to that of an District of Columbia independent social worker or independent clinical social worker, as applicable; or

(3) The supervisor was qualified for licensure, in good standing, as an independent social worker or independent clinical social worker in the District of Columbia, as applicable, regardless of whether or where the supervisor was licensed.

7006.6 If the applicant has obtained less than the required thousand (3000) hours of post-master's or postdoctoral experience, the applicant must obtain the remaining hours in or out of the District of Columbia before he or she will be granted licensure. If the applicant elects to complete the hours in the District of Columbia, the applicant must first obtain licensure under the Act at the next lower level, for which the applicant is qualified, in order to engage in supervised practice within the District.

7006.7 The Board shall recognize the hours validly or legally obtained outside of the District of Columbia and apply the hours toward the applicant's required total for licensure.

7006.8 An applicant for licensure by examination who has completed the required three thousand (3000) hours of supervised post-master’s or postdoctoral experience more than five (5) years prior to the application date shall be required to obtain licensure under the Act at the next lower level, for which the applicant is qualified, and complete an additional three thousand (3000) hours of supervised post-master’s or postdoctoral experience before qualifying for licensure at the licensed independent or licensed independent clinical level in the District of Columbia.

7006.9 An applicant for licensure as a graduate social worker shall inform the Board in writing either that:

The applicant is applying for licensure pursuant to the national examination; or

The applicant seeks to be licensed without examination and intends to obtain fifteen hundred (1500) hours of supervised practice, in accordance with § 7012, before the first renewal of their graduate social worker license.

7006.10 A person licensed as a licensed graduate social worker without examination shall obtain fifteen hundred (1500) hours of supervised practice before the first renewal of their graduate social worker license. If the licensee fails to obtain these hours before the first renewal, renewal of their license shall be denied. The fifteen hundred (1500) hours of supervised practice shall:

Meet the requirements of the Act and be conducted under the supervision of a qualified supervisor as set forth under § 7013; and

Include at least one (1) hour of every thirty-two (32) hours of supervised practice completed under immediate face-to-face supervision of a qualified supervisor as set forth under §§ 7012 and 7013.

7006.11 An applicant for the first renewal of a graduate social worker license issued without examination shall submit with the application the following:

Proof satisfactory to the Board that the applicant has satisfied the requirements of § 7006.10;

The name(s) of the applicant’s supervisor(s);

A statement detailing the nature and locations of the applicant’s supervised practice; and

A signed statement from each supervisor during the required period of supervised practice on a form approved by the Board that sets forth the following:

(1) The location at which and period of time during which the supervised practice took place;

The hours of supervision of the applicant;

The hours of immediate supervision of the applicant;

The specific nature of and responsibilities included in the applicant’s practice;

A rating of the applicant’s performance; and

The qualifications of the supervisor to act as a supervisor pursuant to the Act and this chapter.

7006.12 To be eligible for license renewal, the performance of an applicant subject to § 7006.10 during the required period of supervised practice shall at all times have been rated as satisfactory or better.

History

• SOURCE: Final Rulemaking published at 35 DCR 1059, 1062 (February 19, 1988); as amended by Final Rulemaking published at 36 DCR 8281 (December 8, 1989); as amended by Final Rulemaking published at 52 DCR 10686 (December 9, 2005); as amended by Notice of Final Rulemaking published at 59 DCR 4209, 4210 (May 4, 2012); as amended by Notice of Final Rulemaking published at 73 DCR 003199 (March 6, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7006

17 DCMR § 7007 LICENSE BY ENDORSEMENT

7007.1 An applicant is eligible for a license by endorsement if the applicant:

(a) Obtained initial licensure in the United States by an examination equivalent to the level of licensure for which the applicant is applying; and

(b) Is currently licensed in good standing as a social worker under the laws of a state or territory of the United States pursuant to licensure requirements which, as determined by Board, were substantially equivalent at the time of licensure to the requirements of this chapter.

7007.2 To apply for a license by endorsement, an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

(1) The applicant's social security number on the application. If the applicant does not have a social security number, the applicant shall submit a sworn affidavit, under penalty of perjury, with the application stating that he or she does not have a social security number; and

(2) An uploaded high-resolution digital color image of the applicant’s face that complies with any requirements specified in the application form;

(b) Submit a copy of his or her current license with the application;

(c) Obtain licensure verification from the original state or territory of licensure that the license is current and in good standing. The licensure verification form must be sent directly to the Board, by the verifying Board;

(d) Submit the applicant's certified or validated examination results, which shall confirm that the applicant has received a passing score on the required level of the national examination or on another examination determined by the Board to be equivalent;

(e) Meet any other requirements as set forth by the Board; and

(f) Pay all required fees.

7007.3 An application that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned, and closed by the Board. The applicant shall thereafter be required to reapply, submit the required documents and completed forms, and pay the required fees.

7007.4 Nothing in this section shall be construed to prohibit the Board from utilizing other authorized databases to verify an applicant's current licensure standing in other jurisdictions of the U.S. or to review disciplinary records.

History

• SOURCE: Final Rulemaking published at 36 DCR 8281, 8283 (December 8, 1989); as amended by Final Rulemaking published at 52 DCR 10686 (December 9, 2005); as amended by Final Rulemaking published at 73 DCR 003199 (March 6, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7007

17 DCMR § 7008 CONTINUING EDUCATION REQUIREMENTS

7008.1 Except as provided in § 7008.2, this section applies to applicants for the renewal, reactivation, or reinstatement of a license.

7008.2 This section does not apply to applicants for an initial license or to applicants for the first renewal after the initial grant of a license regardless of the licensure type or level.

7008.3 Continuing education credits (CEUs) may be granted only for programs or activities approved by the Board pursuant to § 7009.

7008.4 To qualify for the renewal of a license, an applicant shall have completed forty (40) hours of approved continuing education credit during the two (2)-year period preceding the date the license expires, which shall include:

(a) No more than twelve (12) hours of independent home studies, distance learning continuing education activities, or internet courses;

(b) Ten percent (10%) of the total required continuing education being in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate; and

(c) Six (6) hours of continuing education credits in live, in-person, face-to-face ethics, professional conduct, or boundary course(s) in which the participant and presenter are physically present in the same room and two (2) hours of LGBTQ continuing education.

7008.5 The Board may periodically conduct a random audit of licensees to determine compliance with the continuing education requirement.

7008.6 A licensee who is selected to participate in the Board’s continuing education audit shall, within thirty (30) days after being deemed served notice of the selection, submit proof pursuant to § 7008.12 of having completed the required approved continuing education credits during the two (2)-year period immediately preceding the date the license expires.

7008.7 To qualify for the reactivation of a license, an applicant in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11 (2016 Repl.)) for five (5) years or less shall submit proof of having completed forty (40) hours of approved continuing education credit during the two (2) years immediately preceding the application, which shall include:

(a) Six (6) hours of continuing education credits in live, face- to-face ethics, professional conduct, or boundary course(s);

(b) Two (2) hours of LGBTQ continuing education;

(c) No more than twelve (12) continuing education hours in independent home studies, distance learning continuing education activities, or internet courses; and

(d) Ten percent (10%) of the total required continuing education being in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

7008.8 To qualify for the reactivation of a license, an applicant in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11 (2016 Repl.)) for more than five (5) years shall submit proof of having completed, during the two (2) years immediately preceding the application, forty (40) hours of continuing education as required in § 7008.7 and may be required to practice, for a period of up to twelve (12) months, under the supervision of a board-approved supervisor who shall submit quarterly competency reports to the Board.

7008.9 Notwithstanding §§ 7008.7 or 7008.8, an applicant for reactivation of a license who has maintained a valid and active social work license in good standing in another jurisdiction of the United States shall be presumed to possess current competency and may qualify for the reactivation of his or her license.

7008.10 To qualify for the reinstatement of a license, an applicant whose license has expired for less than five (5) years, shall submit proof of having completed, during the two (2)-year period immediately preceding the application, forty (40) hours of approved continuing education, which shall include:

(a) Six (6) hours of continuing education credits in live, face- to-face ethics, professional conduct, or boundary course(s);

(b) Two (2) hours of LGBTQ continuing education;

(c) No more than twelve (12) continuing education hours in independent home studies, distance learning continuing education activities, or internet courses; and

(d) Ten percent (10%) of the total required continuing education being in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

7008.11 An applicant whose license has expired for five (5) or more years shall not be eligible for reinstatement of licensure. The applicant shall be required to apply for a new license and shall meet the requirements as they exist at the time that the applicant applies for licensure.

7008.12 Proof of completion of the required continuing education credits may be established by submitting the following information with respect to each program for which continuing education credit is claimed:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion, by signature or stamp.

7008.13 Proof of completion of continuing education course work which was audited under § 7010.3 may be established by a verification of registration from the office of the registrar of the institution at which the course was audited.

History

• SOURCE: Final Rulemaking published at 36 DCR 8281, 8284 (December 8, 1989); as amended by Final Rulemaking published at 52 DCR 10686 (December 9, 2005); as amended by Final Rulemaking published at 59 DCR 4209, 4211 (May 4, 2012); as amended by Final Rulemaking published at 60 DCR 8489 (June 7, 2013); as amended by Final Rulemaking published at 64 DCR 8928 (September 1, 2017); as amended by Final Rulemaking published at 66 DCR 7948 (July 5, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7008

17 DCMR § 7009 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

7009.1 The Board shall approve only continuing education programs and activities that contribute to the growth of an applicant in professional competence in the practice of social work and which meet the other requirements of this section.

7009.2 The Board may approve the following types of continuing education programs, if the programs meet the requirements of § 7009.6:

(a) An undergraduate or graduate course given at an accredited college or university;

(b) A seminar or workshop; and

(c) An educational program given at a conference.

7009.3 The Board may approve the following independent home studies and distance learning continuing education activities:

(a) Serving as an instructor or speaker at a conference, seminar, or workshop;

(b) Publication of an article in a professional journal, publication of a book or a chapter in a book, or publication of a book review in a professional journal or bulletin;

(c) Internet courses, video courses, telecourses, videoconferences, and teleconferences offered by accredited colleges or universities, or pre-approved by local or national professional social work organizations; and

(d) Independent study programs directly related to social work approved by accredited college or university schools of social work, local or national professional social work organizations, the Association of Social Work Boards (ASWB), or the Board, and peer study groups sanctioned by local or national social work organizations.

7009.4 No more than twelve (12) CEUs may be accepted in any renewal period, or for reinstatement or reactivation of a license, for approved independent home studies and distance learning continuing education activities.

7009.5 Independent study programs and distance learning continuing education activities, including internet courses, shall not be used to satisfy the continuing education ethics requirement.

7009.6 To qualify for approval by the Board, a continuing education program shall meet the following requirements:

(a) Be current in its subject matter;

(b) Be developed and taught by individuals with demonstrated qualifications in the topic in consultation with a licensed social worker; and

(c) Meet one of the following requirements:

(1) Be administered or approved by:

(A) A recognized social work, mental health, or human services organization that is approved by the Board; or

(B) A college or university that is accredited by an accrediting body recognized by the Secretary of the United States Department of Education or the Council on Postsecondary Accreditation; or

(2) Be submitted by the program sponsors to the Board for review no less than three (3) months prior to the date of the presentation and be approved by the Board.

7009.7 Requests for approval of continuing education programs received by the Board after the continuing education program has already occurred will not be approved or accepted.

7009.8 The Board may issue and update a list of approved continuing education organizations and programs.

7009.9 An applicant shall have the burden of verifying whether a program or activity is approved by the Board pursuant to this section prior to attending the program or engaging in the activity.

The Board shall not grant continuing education credits for:

(a) Work done in the course of an applicant’s normal occupation or incident to the performance of his or her regular professional duties, such as teaching, research, or course preparation in the case of a teacher or professor whether on a full-time or part-time basis;

(b) Meetings and activities not related to the practice of social work which are required as part of an applicant’s professional activities such as job orientations, and agency required administrative trainings;

(c) Individual or group supervision; or

(d) Other activities, which are not of the type of activities approved by the Board.

History

• SOURCE: Final Rulemaking published at 50 DCR 5881 (July 25, 2003); as amended by Final Rulemaking published at 52 DCR 10686 (December 9, 2005); as amended by Final Rulemaking published at 59 DCR 4209, 4215 (May 4, 2012); as amended by Final Rulemaking published at 60 DCR 8489 (June 7, 2013).

17 DCMR § 7010 CONTINUING EDUCATION CREDITS

7010.1 The Board may grant continuing education credit in whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

7010.2 For approved undergraduate or graduate courses that are taken for educational credit, each semester hour of credit constitutes twenty (20) hours of continuing education credit, and each quarter hour of credit constitutes fourteen (14) hours of continuing education credit.

7010.3 For approved undergraduate or graduate courses that are audited, each semester hour shall constitute fifteen (15) hours of continuing education credit, and each quarter hour shall constitute ten (10) hours of continuing education credit.

7010.4 The Board may grant a maximum of six (6) continuing education credits per year for completing continuing education activities under § 7009.3.

7010.5 The Board may grant credit for preparation and presentation time to an applicant who serves as an instructor or speaker at an approved program under § 7009.3(a) subject to the following restrictions:

(a) The maximum amount of credit that may be granted for preparation time shall be twice the amount of the associated presentation time, not to exceed six (6) CEU’s;

(b) If an applicant has previously received a credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject; and

(c) The presentation was completed during the period for which credit is claimed.

7010.6 The Board may grant continuing education credit under § 7009.3(b) only if the applicant proves to the Board’s satisfaction that the work has been published or accepted for publication during the period for which credit is claimed.

History

• SOURCE: Final Rulemaking published at 52 DCR 10686 (December 9, 2005); as amended by Notice of Final Rulemaking published at 59 DCR 4209, 4216 (May 4, 2012).

17 DCMR § 7011 STANDARDS OF CONDUCT

7011.1 Any holder of a license under this Chapter or any person authorized to practice social work or to perform social work functions under this Chapter shall comply with the standards of ethical and professional conduct established by the National Association of Social Workers in its publication entitled "Code of Ethics," as it may be amended or republished from time to time.

History

• SOURCE: Final Rulemaking published at 35 DCR 1059, 1064 (February 19, 1988); as amended by Final Rulemaking published at 50 DCR 5881 (July 25, 2003); as amended by Final Rulemaking published at 52 DCR 10686 (December 9, 2005).

17 DCMR § 7012 SUPERVISION OF PRACTICE

7012.1 The following persons may practice under supervision:

A licensed social work associate;

(b) A licensed graduate social worker;

(c) A social worker licensed under the Act, who is obtaining the required three thousand (3000) hours of post-master’s or postdoctoral experience pursuant to § 803 or § 804 of the Act (D.C. Official Code §§ 3-1208.03(a) or § 3-1208.04(a); or

(d) An applicant for licensure under the Act who has obtained either a baccalaureate degree (B.S.W.) or a master’s degree (M.S.W.) from a social work program accredited by the Council on Social Work Education, and who is waiting to take the national examination; provided, that the following shall apply:

(1) A letter issued by the Board to authorize supervised practice by an applicant shall be effective for no more than ninety (90) days;

(2) An authorization to engage in supervised practice shall be immediately terminated if the applicant fails the national examination;

(3) An authorization to engage in supervised practice shall be immediately terminated if the applicant is denied licensure; and

(4) An applicant whose authorization to engage in supervised practice has been terminated shall not be eligible to reapply for authorization for supervised practice.

7012.2 A person who has been denied a license or disciplined, or who is the subject of a pending denial or disciplinary action, in the District or other jurisdiction shall not practice pursuant to this section unless authorized by the Board in writing to do so.

7012.3 An applicant, licensed social work associate, or licensed graduate social worker shall not establish an independent practice, and shall not receive compensation of any nature, directly or indirectly, from a patient, except for a salary based on hours worked under supervision.

7012.4 Except as provided in § 7012.1(d), an applicant or social worker must first obtain licensure under the Act at the level of licensure for which he or she is qualified, in order to engage in supervised practice within the District.

7012.5 Only a supervisor, meeting the qualifications as set forth in § 7013, shall be authorized to supervise the practice of social work in the District of Columbia.

7012.6 A supervisor shall be responsible for ensuring that the individual(s) under his or her supervision is authorized to practice under supervision and may be subject to disciplinary action for supervising unlicensed or unauthorized personnel.

7012.7 An applicant or social worker shall practice social work under supervision only in accordance with the Act and this chapter.

7012.8 All supervised practice shall take place under supervision, and shall meet the following requirements:

(a) At least one (1) hour of every thirty-two (32) hours of supervised practice shall be under immediate supervision;

(b) The supervision relationship shall include daily in-person, telephone, video conference, or internet communication between supervisor and supervisee, as well as regular personal observation, evaluation, oversight, review, and correction of services provided by the supervisee;

(c) The supervisor shall have sufficient knowledge of all social work contacts of the supervisee’s social work practice, including face to face contact with the client when necessary, to develop and to monitor effective service delivery procedures and the supervisee’s treatment or service plan; and

(d) All decisions by a supervisee which require the special skill, knowledge, or training of a social worker shall be made in collaboration with and with the approval of the supervisor. Such decisions may include, but are not limited to: type, duration, effectiveness, and method of services provided; fees and billing procedures; and approval of cases.

7012.9 Where the supervisor is located off-site or practices in a different location from the supervisee for more than two (2) days a week, in addition to the requirements of this chapter, the supervisor and supervisee shall:

(a) Establish a written contract for supervision prior to initiating the supervision relationship;

(b) Maintain documentation, for at least five (5) years, of supervisory sessions including dates, duration, and focus of supervision, which shall be available for review upon request of the Board or its agent; and

Be subject to auditing by the Board to ensure compliance with the supervision requirements.

7012.10 A signed copy of the supervision contract shall be maintained by both the supervisor and supervisee for the duration of the supervision relationship, and for an additional three (3) years following the termination of the supervision relationship, and shall contain the following:

(a) The names and contact information of the supervisor and supervisee;

(b) The supervision plan and process for providing written evaluation of the supervisee’s progress to the supervisee;

(c) The location(s) of supervision;

(d) Emergency supervision arrangements or planned absences by supervisor, such as when on vacation; and

(e) The signatures of the supervisor and supervisee, and date signed.

7012.11 A supervisor shall be fully responsible for the supervised practice of an applicant or social worker during the period of supervision, and is subject to disciplinary action for any violation of the Act or this chapter by the person being supervised.

7012.12 An applicant shall identify himself or herself as such before practicing as a social worker.

7012.13 An applicant shall be subject to all applicable provisions of the Act and this chapter. The Board may deny an application for a license by, or take other disciplinary action against, an applicant who is found to have violated the Act or this chapter, in accordance with chapter 41 of this title.

7012.14 If the Board finds that an applicant has violated the Act or this chapter, the Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the applicant to practice.

History

• SOURCE: Final Rulemaking published at 35 DCR 1059, 1065 (February 19, 1988); as amended by Final Rulemaking published at 35 DCR 6242 (August 12, 1988); as amended by Final Rulemaking published at 50 DCR 3174 (April 25, 2003); as amended by Final Rulemaking published at 50 DCR 9252 (October 31, 2003); as amended by Final Rulemaking published at 52 DCR 10686 (December 9, 2005); as amended by Final Rulemaking published at 59 DCR 4209, 4216 (May 14, 2012); as amended by Final Rulemaking published at 60 DCR 8489 (June 7, 2013); as amended by Final Rulemaking published at 69 DCR 012108 (October 7, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7012

17 DCMR § 7013 SUPERVISOR QUALIFICATIONS

7013.1 REPEALED

7013.2 Only an independent social worker or independent clinical social worker licensed under the Act, in good standing, shall be authorized to supervise the practice of:

(a) A licensed social work associate;

(b) A licensed graduate social worker;

(c) An applicant pending licensure in the District as a social work associate, graduate social worker, or independent social worker; or

(d) A social worker licensed under the Act, who is obtaining the required three thousand (3000) hours of post-master's or postdoctoral experience pursuant to § 803 of the Act, D.C. Official Code § 3-1208.03(a).

7013.3 Only an independent clinical social worker licensed under the Act, in good standing, shall be authorized to supervise the practice of:

(a) An applicant pending licensure in the District as an independent clinical social worker; or

(b) A social worker licensed under the Act, who is obtaining the required three thousand (3000) hours of post-master's or postdoctoral experience pursuant to § 804 of the Act, D.C. Official Code § 3-1208.04(a).

History

• SOURCE: Final Rulemaking published at 35 DCR 1059, 10701 (February 19, 1988); as amended by Final Rulemaking published at 52 DCR 10686 (December 9, 2005); as amended by Notice of Final Rulemaking published at 59 DCR 4209, 4219 (May 4, 2012).

17 DCMR § 7014 LICENSURE WITHOUT EXAMINATION

7014.1 To qualify for an initial license as a graduate social worker without examination, an applicant shall:

Be a graduate of a social work program that was accredited by the Council of Social Work Education at the time the applicant graduated; and

Meet any other requirements set forth by the Board.

7014.2 To apply for a license as a graduate social worker without examination, an applicant shall:

Submit a completed application to the Board. The application shall be in such form and format as shall be required by the Board and shall include:

(1) The applicant’s social security number; provided that, if the applicant does not have a social security number, the applicant shall submit with the application an affidavit, sworn under penalty of perjury, stating that the applicant does not have a social security number;

(2) An uploaded high-resolution digital color image of the applicant’s face that complies with any requirements specified in the application form; and

(3) The name, address, telephone number, email, and license number of two (2) professional references and the name and email of one (1) personal reference;

Submit to the Board a certified transcript from an educational institution whose social work degree program was accredited by the Council on Social Work Education in the year the degree was conferred;

Submit any other documents required by the Board; and

Pay all required fees.

History

• SOURCE: Final Rulemaking published at 73 DCR 003199 (March 6, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7014

17 DCMR § 7099 DEFINITIONS

7099.1 As used in this chapter, the following terms have the meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code §§ 3-1201 et seq. (2016 Repl.)).

Applicant - a person applying under this chapter for a license as a social work associate, graduate social worker, independent social worker, or independent clinical social worker, as the context requires.

Board - the Board of Social Work, established by § 212 of the Act, D.C. Official Code § 2-3302.12 (1987 Supp.).

Director – The Director of the Department of Health, or the Director’s designee.

Good cause - serious illness of the applicant; the death or serious illness of a member of the applicant's immediate family; or other cause sufficient to the Board.

Immediate Supervision – one-to-one supervision in which the supervisor is physically present with the supervisee and either discussing or observing the supervisee’s practice; and shall not include telephone communication, video conferencing, or internet communication.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

Mandatory D.C. Social Work Laws and Regulations Review Course – the one (1) hour, on-line course that the D.C. Board of Social Work offers consisting of a comprehensive review of the laws and regulations governing the practice of social work in the District of Columbia.

National Examination - the social work licensing examination sponsored by the Association of Social Work Boards.

Social Worker - a person licensed under the Act to practice social work.

Supervisee – an applicant or social worker authorized to engage in supervised practice under § 7012.

Supervision - A formalized professional relationship between a supervisor and supervisee in which the supervisor directs, monitors, and evaluates the supervisee's social work practice while promoting development of the supervisee's knowledge, skills, and abilities to provide social work services in an ethical and competent manner.

Supervisor - a social worker licensed under the Act, or a qualified supervisor under § 7013, as the context requires, who is responsible for the supervision of a supervisee.

7099.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and apply to this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 1059, 1072 (February 19, 1988); as amended by Final Rulemaking published at 52 DCR 10686 (December 9, 2005); as amended by Final Rulemaking published at 59 DCR 4209, 4219 (May 4, 2012); as amended by Final Rulemaking published at 64 DCR 8928 (September 1, 2017); as amended by Final Rulemaking published at 66 DCR 7948 (July 5, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7099

17-71 DANCE THERAPY

17 DCMR § 7100 APPLICABILITY

7100.1 This chapter applies to applicants for and holders of a registration to practice dance therapy.

7100.2 Chapter 40 (General Rules) of this title supplements this chapter

7100.3 Chapter 41 (Administrative Procedures) of this title shall also supplement this chapter, provided that the term "board" shall in all instances refer to the Director, and the director shall possess all powers and assume all functions, assigned to a "board" under these administrative procedures, as well as the powers and functions retained by the Director.

History

• SOURCE: Final Rulemaking published at 37 DCR 6010 (September 14, 1990).

17 DCMR § 7101 TERM OF REGISTRATION

7101.1 Subject to 7102.2, a registration issued pursuant to this chapter shall expire at 12:00 midnight on February 28 of each even-numbered year.

7101.2 If the Director changes the renewal system pursuant to Section 4006.3 of Chapter 40 of this title, a registration issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the registration, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 37 DCR 6010 (September 14, 1990).

17 DCMR § 7102 EDUCATIONAL AND EXPERIENCE REQUIREMENTS

7102.1 An applicant for registration to practice dance therapy shall submit proof that the applicant has:

(a) A Bachelor of Arts or Bachelor of Science degree from a college or university whose accreditation is recognized by the Council on Post-Secondary Education; and

(b) A Master's degree in dance therapy or in a related field, as recognized by the American Dance Therapy Association (ADTA); and

(c) Has successfully completed any internship programs, additional course work or field work required by the ADTA in combination with the applicant's master's degree.

7102.2 In addition to meeting the requirements of 7102.1, an applicant shall furnish satisfactory proof that the applicant has received credentialled status from ADTA as a Dance Therapist Registered (DTR) or as a member of the Academy of Dance Therapists Registered (ADTR), and is currently registered with the ADTA.

History

• SOURCE: Final Rulemaking published at 37 DCR 6010 (September 14, 1990).

17 DCMR § 7103 SCOPE OF PRACTICE BY REGISTERED DANCE THERAPISTS

7103.1 "Dance therapy" is the psychotherapeutic use of movement which furthers the physical and emotional integration of the individual.

7103.2 The terms "dance therapy", "dance/movement therapy" and "movement" therapy" have the same meaning and may be used interchangeably.

7103.3 As used in this section "Dance Therapy Practice" means treatment service delivery in clinical, residential, community, or private practice settings where the therapist will:

(a) Observe, assess and record the movement behavior and the client's level of functioning (including mental and emotional processes and their manifestation) on a nonverbal movement level;

(b) Communicate with the client through movement;

(c) Plan and implement appropriate therapeutic intervention based on clearly defined treatment goals consistent with the education and training of their profession, including but not limited to working toward the goals of: bodily integration, enhancing communicative behavior, enhancing social interaction and awareness and expression of feelings by clients served;

(d) Periodically evaluate, record, and report the client's response to the dance therapy treatment provided; and

(e) Perform all the above in accordance with the Code of Ethical Practice and all credentialling requirements established by the American Dance Therapy Association.

7103.4 A person registered to practice dance therapy under this chapter may employ the theories and techniques of the profession, (including "dance therapy practice") to aid in the restoration and rehabilitation of the mental and physical functions of their clients in accordance with the provisions of this chapter.

7103.5 A person registered to practice dance therapy pursuant to this chapter shall practice within the permissible scope of practice allowed by his or her credentialled status with the American Dance Therapy Association as follows:

(a) An individual who is credentialled by the American Dance Therapy Association as a "Dance Therapist Registered" or "DTR" is qualified for entry into the profession and may be employed as a dance therapist within a clinical residential or community setting;

(b) An individual who is credentialled by the American Dance Therapy Association as a member of the "Academy Dance Therapists Registered" or "ADTR" is qualified for the advanced level of dance therapy practice including the right to train dance therapists, teach, provide supervision and engage in private practice;

(c) An individual who is credentialled as a "DTR" but who is not credentialled as an ADTR may not train dance therapists, teach, provide supervision or engage in private practice.

History

• SOURCE: Final Rulemaking published at 37 DCR 6010 (September 14, 1990).

17 DCMR § 7104 RENEWAL OF REGISTRATION

7104.1 An applicant for renewal of a registration shall comply with the requirements of Chapter 40 pertaining to renewal.

History

• SOURCE: Final Rulemaking published at 37 DCR 6010, 6012 (September 14, 1990).

17 DCMR § 7105 SUPERVISED PRACTICE BY STUDENTS AND GRADUATES

7105.1 Nothing in this chapter shall be construed to require registration by an individual enrolled in a recognized school or college as a candidate for a degree in dance therapy, or in a related field recognized by the ADTA, or enrolled in a postgraduate training or internship program recognized by the ADTA, in order to practice dance therapy, provided that the practice is:

(a) Performed as a part of the individual's course of instruction, or as a postgraduate internship or fieldwork assignment which is required by the ADTA as a pre-requisite to obtaining his or her credentialled status;

(b) Performed under the direct supervision of an ADTR or licensed mental health professional accepted by the college or university or the ADTA; and

(c) Performed at a hospital nursing home, or health facility operated by the District or federal government, a health education center, or other health care facility approved by the college or university or the ADTA.

History

• SOURCE: Final Rulemaking published at 37 DCR 6010 (September 14, 1990).

17 DCMR § 7106 AUTHORIZED PRACTICE

7106.1 Any person who practices or offers to practice dance therapy or movement therapy in the District of Columbia, or holds himself or herself out to be a dance or movement therapist shall register as a dance therapist pursuant to these rules.

History

• SOURCE: Final Rulemaking published at 37 DCR 6010 (September 14, 1990).

17-72 RECREATIONAL THERAPY

17 DCMR § 7200 APPLICABILITY

7200.1 This chapter applies to applicants and holders of a registration to practice recreational therapy. This chapter applies only to persons practicing under the title Recreational Therapist or Certified Therapeutic Recreation Specialist.

7200.2 Chapter 40 (General Rules) and Chapter 41 (Administrative Procedure) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 41 DCR 5953 (August 19, 1994); as amended by Final Rulemaking published at 54 DCR 8931 (September 14, 2007); as amended by Final Rulemaking published at 64 DCR 8250 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7200

17 DCMR § 7201 TERM OF REGISTRATION

7201.1 Subject to § 7201.2, a registration issued pursuant to this chapter shall expire at 12:00 midnight on February 28th of each even numbered year.

7201.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a registration issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the registration, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 41 DCR 5953 (August 19, 1994); as amended by Final Rulemaking published at 64 DCR 8250 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7201

17 DCMR § 7202 EDUCATION, TRAINING, AND EXPERIENCE REQUIREMENTS FOR RECREATIONAL THERAPISTS

7202.1 An applicant for registration to practice as a recreational therapist may meet the education, training, and experience requirements by furnishing to the Director satisfactory proof that the applicant has been certified by the National Council for Therapeutic Recreation Certification (NCTRC) at the professional level of Certified Therapeutic Recreation Specialist (CTRS).

7202.2 The requirement of § 7202.1 shall not apply to recreational therapists who were registered in the District as of December 31, 1995 and maintain continuous registration without interruption.

History

• SOURCE: Final Rulemaking published at 41 DCR 5953 (August 19, 1994); as amended by Final Rulemaking published at 54 DCR 8931 (September 14, 2007); as amended by Final Rulemaking published at 64 DCR 8250 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7202

17 DCMR § 7203 SCOPE OF PRACTICE OF REGISTERED RECREATIONAL THERAPIST OR CERTIFIED THERAPEUTIC RECREATION SPECIALIST

7203.1 An individual registered under this chapter as a recreational therapist may engage in the "practice of recreational therapy" as defined herein.

7203.2 As used in this chapter, the practice of "recreational therapy" means the use of the title Recreational Therapist by persons who meet the education and training requirements of § 7202.1; or the use of the title Certified Therapeutic Recreation Specialist by persons who meet the education and training requirements of § 7202.1. All persons registered pursuant to the act and these rules are entitled to use the title Recreational Therapist.

7203.3 The practice of recreational therapy shall include the following:

(a) All direct patient or client services of assessment;

(b) Planning;

(c) Design;

(d) Implementation;

(e) Evaluation;

(f) Documentation of specific interventions;

(g) Management;

(h) Consultation;

(i) Research; and

(j) Education for either individuals or groups that require specific therapeutic recreation or recreational therapy intervention with such services being provided for recreation resources and opportunities to improve health and well-being.

History

• SOURCE: Final Rulemaking published at 41 DCR 5953 (August 19, 1994); as amended by Final Rulemaking published at 54 DCR 8931 (September 14, 2007); as amended by Final Rulemaking published at 64 DCR 8250 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7203

17 DCMR § 7204 LAWFUL PRACTICE

7204.1 Any person who practices or offers to practice recreational therapy in the District of Columbia as defined by § 7203.2 shall be registered pursuant to these rules.

7204.2 Except those who obtained registration to practice recreational therapy pursuant to § 7202.2, any person who practices or offers to practice recreational therapy in the District shall maintain, without interruption, his or her certification as CTRS by the NCTRC.

7204.3 A recreational therapist registered in the District shall use the letters “RRT” or “CTRS/RRT” in connection with the recreational therapist’s name or place of business to denote registration pursuant to the Act.

History

• SOURCE: Final Rulemaking published at 41 DCR 5953 (August 19, 1994); as amended by Final Rulemaking published at 54 DCR 8931 (September 14, 2007); as amended by Final Rulemaking published at 64 DCR 8250 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7204

17 DCMR § 7205 CONTINUING EDUCATION REQUIREMENTS

7205.1 This section does not apply to applicants for an initial registration or applicants seeking a renewal of their registration for the first time after the initial registration. This section applies to applicants for a renewal, reactivation, or reinstatement of a registration for the term expiring February 28, 2018 and for all subsequent terms.

7205.2 A continuing education contact hour shall be valid only if it is part of a program or activity that the Board approves in accordance with § 7206 and § 7207.

7205.3 An applicant for registration renewal shall complete a minimum of twenty (20) contact hours of approved continuing education in accordance with § 7206 and § 7207 during the two (2) year period preceding the date the registration expires. The required continuing education shall also include two (2) hours of LGBTQ continuing education and ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

7205.4 The Board may require proof of completion of the required continuing education. Such proof shall include the following information:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The date and time of attendance;

(d) The number of contact hours claimed;

(e) Verification by the sponsor of the person’s completion, by signature or stamp of the sponsor; and

(f) The name of the person completing the program.

7205.5 If the registration of a recreational therapist expires while serving in the military whenever the United States is engaged in active military operations against any foreign power or hostile force, and if the required continuing education hours were not earned during the earning period, the recreational therapist shall be required to complete the required continuing education hours needed no later than six (6) months after discharge from active service, return to inactive military status, or return to the United States from an active war zone.

7205.6 The continuing education contact hours completed to satisfy the requirement of § 7205.5 shall not be counted toward meeting the continuing education requirement for the next or subsequent registration term.

7205.7 The credits received for each approved continuing education program shall be applied in full toward meeting the continuing education requirements for each registration term. The proration of continuing education credits over more than one (1) registration term shall not be allowed.

7205.8 A recreational therapist who is licensed, registered, or certified to practice in a jurisdiction other than the District shall meet the requirements of this section in order to be eligible for registration renewal in the District.

History

• SOURCE: Final Rulemaking published at 64 DCR 8250 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 12984 (October 4, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7205

17 DCMR § 7206 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

7206.1 The Board may approve continuing education programs and activities that contribute to the professional competence in the practice of recreational therapy and meet the other requirements of this section.

7206.2 The Board may approve continuing education programs and activities that are relevant to the practice or education of recreational therapists based on the following information:

(a) Current subject matter with course description;

(b) Content focus;

(c) Learning outcomes;

(d) Target audience;

(e) Satisfactory completion of the course by the course participant; and

(f) The number of contact hours or continuing education units.

7206.3 The Board may approve the following types of activities provided that they are consistent with the requirements of this chapter:

(a) Activities sponsored by the state or local recreational therapy organizations, such as the Chesapeake Area Recreational Therapy Association (CHARTRA);

(b) Activities sponsored, offered, or certified by the American Therapeutic Recreation Association (ATRA);

(c) Activities approved for continuing education credit by boards of allied health;

(d) Activities sponsored by disability-specific advocacy groups;

(e) Activities sponsored by an accredited healthcare facility; or

(f) Activities sponsored by an accredited college or university.

7206.4 The following activities shall not meet the requirement of § 7206.1 and may not be approved as continuing education required under this chapter:

Mandatory non-clinical in-service competency or education programs including, but not limited to, Basic Cardiac Life Support (BCLS) or Cardiopulmonary Resuscitation (CPR), first aid, infection control, emergency preparedness, or documentation update; and

Mandatory organization-specific trainings or programs required as part of job performance or development.

7206.5 The Board may grant continuing education credits for the following activities:

Serving as an author of self-study article or series;

Serving as an instructor or speaker at a conference program or an academic course;

Serving as an instructor at a peer-reviewed or non-peer-reviewed seminar, workshop, or in-service training, whether in-person or web-based;

Serving as supervisor for persons authorized to practice pursuant to § 7211.2(c);

Serving as a clinical instructor for students of recreational therapy or students of any other health occupation;

Authoring or editing a published book, a published chapter in a book, or a published article in a professional journal or other nationally recognized publication;

Participating as a primary clinical internship educator for recreational therapy students;

Participating in board or committee work in connection with an agency or a non-profit organization whose mission is to promote and enhance the practice of recreational therapy; or

Participating in research as a principal investigator or research assistant.

7206.6 The person seeking continuing education credit shall bear the burden of establishing to the Board’s satisfaction that any supervisory activities, professional volunteer activities, or services as an instructor, speaker, publisher or editor are eligible for continuing education credit and approval in accordance with § 7206.1.

History

• SOURCE: Final Rulemaking published at 64 DCR 8250 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7206

17 DCMR § 7207 CONTINUING EDUCATION CREDITS

7207.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) contact hour.

7207.2 For approved undergraduate or graduate courses, each semester hour of credit shall constitute fifteen (15) contact hours of continuing education, and each quarter hour of credit shall constitute ten (10) contact hours of continuing education.

7207.3 The Board may grant continuing education credit for the activities described in §§ 7206.5(a), (b), or (c) subject to the following restrictions:

(a) The maximum amount of credit which may be granted for preparation time is twice the amount of the associated presentation time or twice the amount of contact hours awarded for participants;

(b) The maximum amount of credit which may be granted pursuant to this subsection is fifty percent (50%) of an applicant's continuing education requirement;

(c) If an applicant had previously received credit in connection with a particular presentation, the Board shall not grant credit in connection with a subsequent presentation unless it involves either a different or a substantially modified program; and

(d) The presentation shall have been completed during the period for which credit is claimed and includes documentation of the following:

(1) A copy of the official program or syllabus;

(2) The presentation title;

(3) The date of the presentation;

(4) The hours of the presentation;

(5) The type of audience addressed; and

(6) A verification of attendance signed by the sponsor.

7207.4 The Board may grant up to four (4) contact hours per renewal period for the activities described in § 7206.5(d). The supervisor shall submit a copy of the supervised practice letter and verification of supervision to receive continuing education credits.

7207.5 The Board may grant one (1) continuing education contact hour for each hour of clinical instruction, up to a maximum of six (6) contact hours per renewal period for the activities described in § 7206.5(e), with the following documentation:

Name of student as verified by the school;

Name of the school;

Dates and duration of instruction; and

Signature of the program director.

7207.6 The Board may grant up to six (6) continuing education contact hours per renewal period for the activities described in § 7206.5(f), if the book, chapter, or article was published or accepted for publication during the period for which credit is claimed, and satisfactory proof is submitted to the Board.

7207.7 The Board may grant up to six (6) contact hours per renewal period for the activities described in § 7206.5(g), with the following documentation:

(a) Name of student as verified by the school;

(b) Name of the school;

(c) Dates of the internship; and

(d) Signature page of student evaluation excluding evaluation scores and comments on student.

7207.8 The Board may grant up to three (3) continuing education contact hours for the activities described in § 7206.5(h), provided that such participation totaled no less than eighteen (18) hours during a registration term. The applicant shall provide the following documentation:

(a) Name of the committee, board, agency or organization;

(b) Purpose for service;

(c) Description of duties and roles; and

(d) Validation of service by an officer or representative of the organization.

7207.9 The Board may grant up to six (6) contact hours for the activities described in § 7206.5(i), provided that such participation is sufficiently documented.

7207.10 The Board may require proof of a recreational therapist’s completion of continuing education at the completion of a renewal period. A recreational therapist shall:

(a) Maintain the required proof of completion for each continuing competence activity as specified in these regulations; and

(b) Retain documentation of a continuing competence activity for a minimum of two (2) years following the last day of the registration term for which the continuing competence activity was completed.

History

• SOURCE: Final Rulemaking published at 64 DCR 8250 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7207

17 DCMR § 7208 CONTINUING EDUCATION AUDIT

7208.1 The Board may audit up to twenty percent (20%) of the number of registered recreational therapists to determine compliance with the continuing education contact hour requirements.

7208.2 Upon notification by the Board that a registrant has been selected for an audit, the registrant shall submit the required documentation within thirty (30) days of receipt of the notice.

7208.3 A registrant who fails to provide proof of continuing education compliance during an audit may be subject to an audit in the subsequent registration term.

History

• SOURCE: Final Rulemaking published at 64 DCR 8250 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7208

17 DCMR § 7209 REACTIVATION

7209.1 The requirements of this section shall apply to persons whose registration under this chapter has been placed in inactive status and who seek reactivation of their registration in accordance with § 511 of the Act, D.C. Official Code § 3-1205.11.

7209.2 An applicant for reactivation of a recreational therapy registration which has been inactive five (5) years or less who does not hold a registration or equivalent in any other jurisdiction shall submit proof pursuant to § 7205 of having completed ten (10) contact hours of approved continuing education programs for each year that the applicant was not registered, up to a maximum of fifty (50) hours, two of which shall be LGBTQ continuing education and ten percent (10%) of which shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

7209.3 A reactivation applicant whose registration has been inactive for more than 5 (five) years and who does not hold an active registration or equivalent in any other jurisdiction shall submit proof pursuant to § 7205 of having completed the following:

(a) Ten (10) contact hours of approved continuing competence programs for each year that the applicant was not registered, up to a maximum of fifty (50) hours with ten percent (10%) of the total required continuing education in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate. Twenty (20) of the total contact hours required shall have been completed within two (2) years prior to the date the application is submitted and include two (2) hours of LGBTQ continuing education; and

(b) One hundred sixty (160) hours of clinical training supervised by a registered recreational therapist within the two (2) months prior to the date the application is submitted.

7209.4 A reactivation applicant who holds an active registration or equivalent in any other jurisdiction shall not be required to submit proof of continuing education contact hours with the reactivation application.

History

• SOURCE: Final Rulemaking published at 64 DCR 8250 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 12984 (October 4, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7209

17 DCMR § 7210 REINSTATEMENT

7210.1 The requirements of this section shall apply to persons with expired registration who seek reinstatement within five (5) years in accordance with § 512(a) of the Act, D.C. Official Code § 3-1205.12(a).

7310.2 A person may not apply for reinstatement if his or her registration has expired for more than five (5) years.

7210.3 A reinstatement applicant may be eligible for reinstatement of his or her registration only if he or she holds a current, active certification as a Certified Therapeutic Recreation Specialist (CTRS) issued by the National Council for Therapeutic Recreation Certification (NCTRC) and submit satisfactory proof of ten (10) contact hours of approved continuing competence programs for each year that the applicant was not registered, up to a maximum of fifty (50) hours with ten percent (10%) of the total required continuing education in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate. Twenty (20) of the total contact hours required shall have been completed within two (2) years prior to the date the application is submitted and shall include two (2) hours of LGBTQ continuing education.

History

• SOURCE: Final Rulemaking published at 64 DCR 8250 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 12984 (October 4, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7210

17 DCMR § 7211 PRACTICE OF RECREATIONAL THERAPY BY A STUDENT OR PERSON SEEKING REGISTRATION

7211.1 A student of recreational therapy or a person seeking registration may practice only under the general supervision of a recreational therapist with valid, unrestricted registration in the District and in accordance with this section.

7211.2 Only the following person may practice under this section:

A student whose practice fulfills their educational requirements as described in § 103(c) of the Act, D.C. Official Code § 3-1201.03(c);

An applicant for registration whose application has been properly filed with the Board and is pending final approval by the Board; or

A person seeking reactivation of registration in accordance with § 7209.3(b) or a person seeking reinstatement of registration in accordance with § 7210.4(b).

7211.3 A supervisor of a person described in §§ 7211.2(b) or (c) shall, no less than two (2) weeks prior to the supervision begins, seek the authorization of the Board by providing the following information:

The supervisor’s name and address;

The name of the person seeking registration;

The expected period of supervision;

The nature and location of the practice of the person registration; and

The attestation that the supervisor understands and intends to comply with the supervisory requirements under this chapter.

7211.4 A person seeking to practice under supervision may begin the supervised practice after the Board has approved and authorized the practice.

7211.5 Supervised practice authorized in accordance with this section shall not exceed sixty (60) days.

7211.6 A person engaged in supervised practice under this section shall identify himself or herself as a student or person practicing under supervision at all times including prior to the initiation of any practice with a client.

7211.7 Any of the following events shall result in an automatic and immediate termination of the authorized supervised practice:

The supervision is terminated for any reasons by either the supervisor or the supervisee; or

An arrest or charge for a felony.

7211.8 A person practicing under supervision in accordance with this section shall not receive any compensation of any nature, directly or indirectly, from a patient but may receive a salary or other form of compensation from his or her supervisor based on the hours of practice performed.

7211.9 The supervisor shall be fully responsible for all supervised practice by the supervisee during the period of supervision and shall be subject to disciplinary action for any violation of the Act or this chapter by the supervisee.

7211.10 A person authorized to practice under supervision pursuant to this section shall be subject to all applicable provisions of the Act and this chapter. The Board may deny his or her application for license or take any disciplinary action against him or her in accordance with Chapter 41 of this title if he or she has been found to have violated the Act or this chapter.

History

• SOURCE: Final Rulemaking published at 64 DCR 8250 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7211

17 DCMR § 7212 CODE OF ETHICS

7212.1 A certified therapeutic recreation specialist or recreational therapist registered to practice in the District of Columbia shall adhere to the Code of Ethics established by the American Therapeutic Recreation Association as they may be amended from time to time.

History

• SOURCE: Final Rulemaking published at 64 DCR 8250 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7212

17 DCMR § 7299 DEFINITIONS

7299.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code §§ 3-1201 et seq. (2016 Repl.)).

Board - The Board of Occupational Therapy, established by § 206 of the Act, D.C. Official Code § 3-1202.06.

Boards of allied health – boards as defined in D.C. Official Code § 3-1201.01(1A), or their equivalents in other jurisdictions.

Contact hour - At least fifty (50) minutes of continuing education credit.

Director – The Director of the Department of Health or any successor or assignee.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

Recreational Therapy – Treatment services designed to restore, remediate and rehabilitate a person’s level of functioning and independence in life activities, to promote health and wellness as well as reduce or eliminate the activity limitations and restrictions to participation in life situations caused by illness or disabling condition. Recreational therapy also means “recreation therapy” as used in D.C. Official Code § 3-1209.02.

History

• SOURCE: Final Rulemaking published at 64 DCR 8250 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7299

17-73 OCCUPATIONAL THERAPY ASSISTANTS

17 DCMR § 7300 GENERAL PROVISIONS

7300.1 This chapter shall apply to applicants for and holders of a license to practice as an occupational therapy assistant.

7300.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and Chapter 63 (Occupational Therapy) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7300

17 DCMR § 7301 TERM OF LICENSE

7301.1 Subject to § 7301.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of September 30 of each odd-numbered year.

7301.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birth date of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7301

17 DCMR § 7302 EDUCATIONAL AND TRAINING REQUIREMENTS

7302.1 An applicant for a license as an occupational therapy assistant shall furnish proof satisfactory to the Board, in accordance with § 504(g)(2) of the Act, D.C. Official Code § 3-1205.04(g)(2), that the applicant has:

(a) Successfully completed an educational program for occupational therapy assistants that is accredited by the Accreditation Council for Occupational Therapy Education (ACOTE); and

(b) Successfully completed a period of at least two (2) months of supervised fieldwork experience required by an accredited educational institution or program approved by an accredited educational institution.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7302

17 DCMR § 7303 NATIONAL EXAMINATION

7303.1 To qualify for licensure as an occupational therapy assistant, the applicant shall pass the certification examination as developed by the National Board for Certification in Occupational Therapy (NBCOT).

7303.2 The passing score on the national examination shall be the passing score established by NBCOT.

7303.3 An applicant shall submit a completed application to the Board and arrange for examination results to be sent by NBCOT directly to the Board.

7303.4 An applicant who has met the requirement of § 7302.1 may submit a completed application prior to taking the examination and seek the Board’s authorization for supervised practice pursuant to § 7316 while the application is pending.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7303

17 DCMR § 7304 CONTINUING EDUCATION REQUIREMENTS

7304.1 This section applies to all renewal applicants but shall not apply to applicants for the first renewal of a license granted by examination. This section shall not apply to applicants for an initial license by examination, reciprocity, or endorsement.

7304.2 To qualify for the renewal of a licensee, an applicant shall have completed a minimum of twelve (12) contact hours of approved continuing education in accordance with §§ 7305 and 7306 during the two (2)-year period preceding the date the license expires; ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate. Beginning with the licensure term starting on October 1, 2017, the continuing education required in this section shall include two (2) hours of LGBTQ continuing education.

7304.3 A continuing education contact hour shall be valid only if it is part of a program or activity that the Board approves in accordance with § 7305 and § 7306.

7304.4 A renewal applicant shall certify, under penalty of perjury, whether he or she has met the requirement of § 7304.2.

7304.5 The Board may require proof of completion of the required continuing education. Such proof shall include the following information:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the licensee attended the program;

(d) The number of contact hours claimed;

(e) Verification by the sponsor of the licensee's completion, by signature or stamp of the sponsor; and

(f) The name of the licensee completing the program.

7304.6 If the license of an occupational therapy assistant expires while serving in the military whenever the United States is engaged in active military operations against any foreign power or hostile force, and the required continuing education hours were not earned during the renewal period or periods, the licensee shall be required to complete the needed continuing education hours no later than six (6) months after discharge from active service, return to inactive military status, or return to a post in the United States from an active war zone.

7304.7 The continuing education contact hours completed to satisfy the requirement under § 7304.6 shall not be counted toward meeting the continuing education requirement for the next licensing period.

7304.8 The credits received for each approved continuing education program shall be applied in full toward meeting the continuing education requirements for each renewal period. The proration of continuing education credits over more than one (1) renewal cycle shall not be allowed.

7304.9 A renewal applicant who is licensed to practice in a jurisdiction other than the District shall meet the requirements of this section in order to be eligible for license renewal in the District.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014); as amended by Final Rulemaking published at 64 DCR 8262 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 15457 (November 22, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7304

17 DCMR § 7305 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

7305.1 The Board shall only approve continuing education programs and activities that, in its discretion, contribute to professional competence in the practice of occupational therapy assistants and that may be approved as provided in this section.

7305.2 The Board may approve continuing education programs and activities that are relevant to the practice or education of occupational therapy assistants that document the following:

(a) Current subject matter with course description;

(b) Content focus;

(c) Learning outcomes;

(d) Target audience; and

(e) The number of contact hours.

7305.3 The Board may approve the following types of activities:

(a) Activities sponsored by the state or local occupational therapy organizations;

(b) Activities sponsored by the American Occupational Therapy Association (AOTA), the American Physical Therapy Association (APTA), the American Speech-Language-Hearing Association (ASHA), and the American Society of Hand Therapists (ASHT);

(c) Activities sponsored by AOTA approved providers;

(d) Activities sponsored by an accredited healthcare facility; or

(e) Activities sponsored by an accredited college or university.

7305.4 The Board may grant continuing education credit for the following activities:

(a) Serving as an author of a self-study article or series;

(b) Serving as an instructor or speaker at a conference program or an academic course;

(c) Serving as an instructor at a peer-reviewed or non-peer-reviewed seminar, workshop, or in-service clinical training, whether in-person or web-based;

(d) Serving as supervisor for persons authorized to practice pursuant to § 7316.2;

(e) Serving as a clinical instructor for students of occupational therapy or any other health occupation;

(f) Authoring or editing a published book, a published chapter in a book, or a published article in a professional journal or other nationally recognized publication;

(g) Participating as a primary clinical fieldwork educator for Level I or Level II fieldwork; and

(h) Participating in board or committee work in connection with an agency or a non-profit organization whose mission is to promote and enhance the practice of occupational therapy.

7305.5 The following activities shall not meet the requirement of § 7305.1 and may not be approved as continuing education required under this chapter:

Mandatory non-clinical in-service competency or education programs including, but not limited to, Basic Cardiac Life Support (BCLS) or Cardiopulmonary Resuscitation (CPR), first aid, infection control, emergency preparedness, or documentation update; and

Mandatory organization-specific trainings or programs required as part of job performance or development.

7305.6 The applicant shall bear the burden of establishing, to the Board’s satisfaction, that such supervisory activities, professional volunteer activities, or services as an instructor, speaker, publisher, or editor as provided by § 7305.4 are eligible for credit and approval in accordance with § 7305.1.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7305

17 DCMR § 7306 CONTINUING EDUCATION CREDIT

7306.1 One (1) contact hour of continuing education shall consist of at least fifty (50) minutes of learning time.

7306.2 For enrollment in approved undergraduate or graduate courses, each semester hour of credit shall constitute fifteen (15) continuing education contact hours, and each quarter hour of credit shall constitute ten (10) continuing education contact hours.

7306.3 The Board may grant continuing education credit for the activities described in § 7305.4(a), (b), or (c) subject to the following restrictions:

(a) The maximum amount of credit which may be granted for each activity is twice the amount of the associated presentation time or twice the amount of contact hours awarded for participants;

(b) The maximum amount of credit which may be granted pursuant to this subsection is fifty percent (50%) of an applicant's continuing education requirement;

(c) If a renewal applicant had previously received credit in connection with a particular presentation, the Board shall not grant credit in connection with a subsequent presentation unless it involves either a different or a substantially modified program; and

(d) The presentation shall have been completed during the period for which credit is claimed and includes documentation of the following:

A copy of the official program or syllabus;

The presentation title;

The date of the presentation;

The hours of the presentation;

The type of audience addressed; and

A verification of attendance signed by the sponsor.

7306.4 The Board may grant credit for up to six (6) continuing education contact hours per renewal period to a renewal applicant for the activities described in § 7305.4(d). The supervisor shall submit a copy of the supervised practice letter to receive continuing education contact hours.

7306.5 The Board may grant credit for up to eight (8) continuing education contact hours per renewal period for the activities described in § 7305.4(e), with the following documentation:

(a) Name of student as verified by the school;

(b) Name of the school;

(c) Dates and duration of instruction; and

(d) Signature of the program director.

7306.6 The Board may grant credit for six (6) continuing education contact hours per renewal period for the activities described in § 7305.4(f), if the book, chapter, or article was published or accepted for publication during the period for which credit is claimed and satisfactory proof is submitted to the Board.

7306.7 The Board may grant credit for up to six (6) continuing education contact hours per renewal period for the activities described in § 7305.4(g) with the following documentation:

(a) Name of student as verified by the school;

(b) Name of the school;

(c) Dates of the fieldwork; and

(d) Signature page of student evaluation excluding evaluation scores and comments on student.

7306.8 The Board may grant credit for up to three (3) continuing education contact hours to a renewal applicant who has participated in the activities described in § 7305.4(h), provided that such participation totaled no less than eighteen (18) hours during a renewal period. The applicant shall provide the following documentation:

Name of the committee, board, agency or organization;

Purpose for service;

(c) Description of duties and roles; and

Validation of service and number of hours of participation by an officer or representative of the organization.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014); as amended by Final Rulemaking published at 64 DCR 8262 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7306

17 DCMR § 7307 CONTINUING EDUCATION AUDIT

7307.1 The Board may perform a continuing education audit to determine compliance with the continuing education requirements in this chapter.

7307.2 Upon notification by the Board that a licensee has been selected for an audit, the licensee shall submit the required documentation within thirty (30) days of receipt of the notice.

7307.3 Licensees who fail to provide proof of continuing education compliance during an audit may be subject to an audit in the subsequent renewal cycle.

7307.4 [REPEALED].

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014); as amended by Final Rulemaking published at 64 DCR 8262 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7307

17 DCMR § 7308 LATE RENEWAL

7308.1 This section shall apply to any licensee who fails to submit a renewal application before the expiration of his or her current license.

7308.2 A licensee who fails to submit his or her renewal application before the expiration date of his or her current license may apply for a renewal of the license within sixty (60) days of expiration in accordance with § 4005.5 of this title.

7308.3 A licensee submitting a renewal application in accordance with § 7308.2 shall submit, with the renewal application, proof of continuing education compliance in accordance with § 7304.5.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7308

17 DCMR § 7309 REACTIVATION

7309.1 The requirements of this section shall apply to licensees under this chapter who have been in inactive status and seek reactivation of their licenses in accordance with § 511 of the Act, D.C. Official Code § 3-1205.11.

7309.2 A reactivation applicant who holds an active license in any jurisdiction shall submit a certificate of good standing from all jurisdictions in which he or she holds an active license.

7309.3 A reactivation applicant whose license has been inactive five (5) years or less who does not hold a license in any other jurisdiction shall submit proof in accordance with § 7304.5, of having completed six (6) contact hours of approved continuing education for each year that the applicant was in inactive status. Two (2) of the total contact hours of continuing education required under this section shall be LGBTQ continuing education Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

7309.4 A reactivation applicant whose license has been inactive for more than five (5) years who does not hold an active license in any other jurisdiction shall submit proof pursuant to § 7304.5 of having completed the following:

(a) Thirty (30) contact hours of approved continuing education in accordance with §§ 7305 and 7306, three of the thirty (30) hours shall be in public health priorities and at least twelve (12) of the thirty (30) hours shall be completed within two (2) years prior to the date the application is submitted and two (2) of the total hours required shall be LGBTQ continuing education; and

(b) One hundred sixty (160) hours of supervised practice in accordance with § 7316 within the two (2) months prior to the date the application is submitted.

7309.5 A reactivation applicant who holds an active license in any other jurisdiction during the whole period of inactive status in the District shall not be required to submit proof of continuing education contact hours with the application provided that his or her license has not been inactive for more than five (5) years.

7309.6 A reactivation applicant who holds an active license in any other jurisdiction and seeks to reactivate his or her license in the District more after more than five (5) years of inactive status shall submit proof, in accordance with § 7304.5, of having completed, within a period of twelve (12) months prior to the application, at least twelve (12) hours of approved continuing education, two of which shall be LGBTQ continuing education.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014); as amended by Final Rulemaking published at 64 DCR 8262 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 15457 (November 22, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7309

17 DCMR § 7310 REINSTATEMENT

7310.1 The requirements of this section shall apply to persons with expired licenses who seek reinstatement within five (5) years in accordance with § 512(a) of the Act, D.C. Official Code § 3-1205.12(a).

7310.2 A reinstatement applicant who holds an active license in any other jurisdiction shall submit a certificate of good standing from all jurisdictions in which he or she holds an active license.

7310.3 A reinstatement applicant who holds an active license in any other jurisdiction shall submit proof pursuant to § 7304.5 of having completed six (6) contact hours of approved continuing education for each year that the applicant was not licensed in the District up to a maximum of thirty (30) hours. Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate. Twelve (12) contact hours shall have been completed within two (2) years prior to the date the application is submitted and two (2) contact hours shall be LGBTQ continuing education.

7310.4 A reinstatement applicant who does not hold an active license in any other jurisdiction shall submit proof:

(a) Pursuant to § 7304.5, of having completed six (6) contact hours of approved continuing education for each year that the reinstatement applicant was not licensed. Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate. Twelve (12) contact hours shall have been completed within two (2) years prior to the date the application is submitted and two (2) contact hours shall be LGBTQ continuing education; and

(b) Of having completed one hundred sixty (160) hours of supervised practice in accordance with § 7316 within the two (2) months prior to the date the application is submitted.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014); as amended by Final Rulemaking published at 64 DCR 8262 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 15457 (November 22, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7310

17 DCMR § 7311 RE-LICENSURE

7311.1 The requirements of this section shall apply to persons seeking re-licensure five (5) or more years after the expiration of their license.

7311.2 A re-licensure applicant shall submit proof educational and examination eligibilities in accordance with the requirements of §§ 7302 and 7303 and one of the following:

A certificate of good standing from a jurisdiction in the United States in which he or she holds an active license; or

Proof of completion of one hundred sixty (160) hours of supervised practice in accordance with § 7316 within the two (2) months prior to the date the application is submitted.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7311

17 DCMR § 7312 ENDORSEMENT

7312.1 The Board shall issue a license by endorsement to an applicant for licensure who has an active unrestricted occupational therapy assistant license, registration, or certification in good standing from another jurisdiction of the United States and who meets all other requirements of this section.

7312.2 An applicant for licensure by endorsement shall submit, with a completed application, the following:

(a) Official, certified proof of active licensure in at least one (1) jurisdiction;

(b) Proof of good standing from all jurisdictions in which the applicant ever held a license in the United States; and

(c) Proof of educational and examination eligibilities in accordance with the requirements of §§ 7302 and 7303.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7312

17 DCMR § 7313 RESPONSIBILITIES

7313.1 An occupational therapy assistant shall exercise sound judgment and provide adequate care in the performance of duties in accordance with nationally recognized standards of practice while treating patients or supervising the treatment of patients.

7313.2 An occupational therapy assistant supervising a student, an occupational therapy aide, or a person authorized to practice under supervision shall be responsible for all of the student’s, aide’s, or authorized person’s actions performed within the scope of practice during the time of supervision and shall be subject to disciplinary action for any violation of the Act or this chapter by the person supervised.

7313.3 An occupational therapist supervising an occupational therapy assistant who supervises a student, an occupational therapy aide, or a person authorized to practice under supervision shall be responsible for the actions of all supervised persons.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7313

17 DCMR § 7314 SUPERVISION OF OCCUPATIONAL THERAPY ASSISTANTS

7314.1 An occupational therapy assistant may only practice under the supervision, as specified in this section, of an occupational therapist with an active, unrestricted license in good standing in the District of Columbia. The supervising occupational therapist must be available on an as-needed basis and must be able to be on-site within two (2) hours if a need arises.

7314.2 The supervising occupational therapist shall provide the following:

(a) Direct supervision of an occupational therapy assistant prior to initiating treatment programs and before planned discharges for patients;

(b) An initial and, at a minimum, bimonthly direction to the occupational therapy assistant; and

(c) Documentation to verify details of supervision and direction.

7314.3 The supervising occupational therapist shall only delegate duties and responsibilities for the care of patients to the occupational therapy assistant with consideration given to the following:

(a) The level of skill shown by the occupational therapy assistant;

(b) The occupational therapy assistant’s ability to use identified intervention in a safe and effective manner;

(c) Experience of the occupational therapy assistant and work setting demands; and

(d) The complexity and stability of the patient population to be treated.

7314.4 An occupational therapy assistant may assist in the collection and some of the documentation of patient information pertaining to the evaluation and treatment of a patient provided that the supervising occupational therapist bases such assignment or delegation of duties on the demonstrated competency of the occupational therapy assistant. This demonstrated competency shall be documented and maintained on file by the supervising occupational therapist.

7314.5 An occupational therapy assistant shall not supervise another occupational therapy assistant.

7314.6 An occupational therapy assistant shall immediately inform the supervising occupational therapist and discontinue treatment if a procedure appears to be harmful to the patient.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7314

17 DCMR § 7315 OCCUPATIONAL THERAPY AIDES

7315.1 An occupational therapy assistant may supervise an occupational therapy aide to perform duties in accordance with § 6314 of this title.

7315.2 An occupational therapy assistant shall not supervise more than three (3) occupational therapy aides at any given time.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7315

17 DCMR § 7316 PRACTICE AS OCCUPATIONAL THERAPY ASSISTANT BY A STUDENT, GRADUATE, OR PERSON SEEKING RE-LICENSURE, REACTIVATION OR REINSTATEMENT

7316.1 A student or person seeking licensure, reactivation, reinstatement, or re-licensure may practice only under the general supervision of an occupational therapist or an occupational therapy assistant with a valid, unrestricted license in the District and in accordance with this section.

7316.2 Only the following persons may practice under this section:

A student whose practice fulfills his or her educational requirements as described in § 103 of the Act, D.C. Official Code § 3-1201.03, and § 7302.1(b) of this chapter;

An applicant for licensure whose application has been properly filed with the Board and is pending the result of the national examination as provided in § 7303.4 or final approval by the Board;

A person seeking reactivation of licensure as described in § 7309.4;

A person seeking reinstatement of licensure in accordance with § 7310.4; or

A person seeking re-licensure five (5) or more years after the expiration of their previous license as described in § 7311.

7316.3 A supervisor of a person described in § 7316.2(b), (c), (d), or (e) shall, no less than two (2) weeks before the supervision begins, seek the authorization of the Board by providing the following information:

The supervisor’s name and address;

The name of the person seeking licensure, reactivation, reinstatement, or re-licensure;

The expected period of supervision;

The nature and location of the practice of the person seeking licensure, reactivation, reinstatement, or re-licensure; and

The attestation that the supervisor understands and intends to comply with the supervisory requirements under this chapter.

7316.4 A person seeking to practice under supervision may begin the supervised practice after the Board has approved and authorized the practice pursuant to § 7316.3.

7316.5 Supervised practice authorized for a person described in § 7316.2(c), (d), or (e) shall not exceed four (4) months.

7316.6 Supervised practice authorized for a person described in § 7316.2(b) shall not exceed sixty (60) days.

7316.7 A person engaged in supervised practice under this section shall identify himself or herself as a student or person practicing under supervision at all times including prior to the initiation of any practice with a client.

7316.8 Any of the following events shall result in an automatic and immediate termination of the authorized supervised practice:

Failure to pass the national examination if the supervised practice has been approved based on a pending license application under § 7303.4;

The supervision is terminated for any reason by either the supervisor or the supervisee; or

An arrest or charge for a felony.

7316.9 A person practicing under supervision in accordance with this section shall not receive any compensation of any nature, directly or indirectly, from a patient but may receive a salary or other form of compensation from his or her supervisor based on the hours of practice performed.

7316.10 The supervisor shall be fully responsible for all supervised practice by the supervisee during the period of supervision and shall be subject to disciplinary action for any violation of the Act or this chapter by the supervisee.

7316.11 A person authorized to practice under supervision pursuant to this section shall be subject to all applicable provisions of the Act and this chapter. The Board may deny his or her application for a license or take any disciplinary action against him or her in accordance with Chapter 41 of this title if he or she has been found to have violated the Act or this chapter.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7316

17 DCMR § 7317 LAWFUL PRACTICE

LAWFUL PRACTICE

7317.1 An occupational therapy assistant licensed to practice in the District of Columbia shall adhere to the AOTA’s Code of Ethics for the practice of occupational therapy as it may be amended from time to time.

7317.2 An occupational therapy assistant shall use the letters “OTA”, “COTA”, “OTA/L”, “COTA/L”, or any other similar title or description in connection with the occupational therapy assistant's name or place of business to denote licensure pursuant to the Act.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7317

17 DCMR § 7399 DEFINITIONS

7399.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act – District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01 et seq.)

Active license – a currently valid license, registration, or certification issued by any jurisdiction of the United States to authorize the practice as an occupational therapy assistant.

Approved continuing education – continuing education meeting the requirements of §§ 7305 and 7306.

Board - the Board of Occupational Therapy, established by § 206 of the Act, D.C. Official Code § 3-1202.06.

Contact hour – at least fifty (50) minutes of continuing education.

Direct supervision - supervision in which the supervisor is personally present and immediately available within the treatment area to give aid, direction, and instruction when occupational therapy procedures or activities are performed.

Director – The Director of the Department of Health or any successor or assignee.

General supervision - supervision in which the supervisor is available on the premises or by communication device at the time the supervisee is practicing, and can be on-site within two (2) hours in the event of a clinical emergency.

Level I Fieldwork - Enrichment of didactic coursework through direct observation and participation in selected aspects of the occupational therapy process to enable students to develop a basic comfort level with and understanding of the needs of the clients.

Level II Fieldwork - Development of competent entry-level, general occupational therapy assistants through exposure to in-depth experiences in delivering occupational therapy services to a variety of clients.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

Licensee – A person licensed or seeking renewal or reactivation of a license issued pursuant to this chapter.

Licensure term – the two-year period between October 1 of each odd-numbered year to September 30 of the next odd-numbered year during which a license issued pursuant to this chapter is valid in accordance with § 6301.1.

Occupational therapist - a person licensed to practice occupational therapy under the Act.

Occupational therapy- (i) The therapeutic use of everyday life activities with individuals or groups, with or without compensation, for the purpose of participation in roles and situations in homes, schools, workplaces, communities, and other settings to promote health and welfare for those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction; (ii) Addressing the physical, cognitive, psycho-social, sensory, or other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect health, well-being, and quality of life; (iii) The education and training of persons in the direct care of patients through the use of occupational therapy; and (iv) The education and training of persons in the field of occupational therapy.

Occupational therapy aide - a person who has received on-the-job training in occupational therapy and is employed in an occupational therapy setting under the supervision of a licensed occupational therapist or licensed occupational therapy assistant

Occupational therapy assistant - a person licensed to practice as an occupational therapy assistant under the Act.

Supervised practice - unlicensed practice by a student, graduate, or person seeking reactivation, reinstatement, or re-licensure, as authorized by the Board and subject to the general supervision of an occupational therapist or occupational therapy assistant.

7399.2 Except as specified in § 7399.1, the definitions in § 4099 of Chapter 40 of this title are incorporated by reference and apply to this chapter.

History

• SOURCE: Final Rulemaking published at 61 DCR 408 (January 17, 2014); as amended by Final Rulemaking published at 64 DCR 8262 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7399

17-75 MASSAGE THERAPY

17 DCMR § 7500 GENERAL PROVISIONS

7500.1 This chapter shall apply to applicants for and holders of a license to practice massage therapy.

7500.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998).

17 DCMR § 7501 TERM OF LICENSE

7501.1 Subject to §7501.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of January 31 of each odd-numbered year.

7501.2 If the Director changes the renewal system pursuant to §4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birth date of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998).

17 DCMR § 7502 EDUCATIONAL REQUIREMENTS

7502.1 Except as otherwise provided in this chapter, an applicant shall furnish proof satisfactory to the Board that the applicant has successfully completed an educational program in the practice of massage therapy at an institution or institutions licensed by the District of Columbia Educational Licensing Commission or, in the discretion of the Board, by the educational licensing authority of another state, at the time the applicant graduated. In addition, said institution(s) shall be approved or accredited by the Commission on Massage Therapy Accreditation/Approval or shall have equivalent standards as determined by the Board; or said institution(s) shall be accredited by the Accreditation Council for Continuing Education and Training, the Accrediting Commission of Career Schools and Colleges of Technology, another accreditation agency approved by the United States Department of Education, or a regional body for post secondary education, at the time the applicant graduated, in accordance with § 504(d-1) of the Act (D.C. Official Code § 3-1205.04(d-1)).

7502.2 An applicant for a license to practice massage therapy shall establish, to the satisfaction of the Board, that he or she has successfully completed a minimum of five hundred (500) hours of in-class training. At least three (3) of the hours' shall be in professional ethics.

7502.3 An applicant who applies for a license to practice as a massage therapist more than two (2) years after completing the educational and examination requirements shall submit proof, to the satisfaction of the Board, of having completed fifty (50) hours of clinical training under the charge of a supervisor, of which at least twenty-five (25) hours shall be client contact hours within the four (4) months prior to the date the application is submitted.

7502.4 Of the minimum 500 hours of in-class training required by § 7502.2, a minimum of 100 hours shall consist of anatomy, physiology, and kinesiology. The remaining 400 hours shall include a majority of hours in massage therapy theory and practice, as well as discretionary related course work, including but not limited to professional ethics, business practices, health and hygiene, contraindications of massage, cardiopulmonary resuscitation (CPR), and first aid.

7502.5 The in-class training hours required by § 7502.2 shall be accumulated in programs not less than six (6) months total duration.

7502.6 An applicant may attend more than one (1) training institution, provided he or she graduates from a school requiring a minimum of five hundred (500) in-class hours.

7502.7 Credits earned from a college or university shall be converted by the federal government conversion rate, which grants thirty-seven (37) clock hours for each one (1) credit hour. One (1) classroom hour shall be defined as no less than fifty (50) minutes of any one (1) clock hour. The Board shall not recognize correspondence and on-line courses.

7502.8 An applicant shall submit the following as part of a completed application form:

(a) An official certified transcript of the applicant's successful completion of the required in-class training;

(b) A certificate of graduation from an approved school;

(c) Certification, pursuant to § 7504.2, of the applicant's passing the required approved examination; and

(d) Current certification in both CPR and first aid.

7502.9 The Board may issue a list of approved schools and training programs.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998); as amended by Final Rulemaking published at 52 DCR 8524 (September 16, 2005); as amended by Final Rulemaking published at 54 DCR 8933 (September 14, 2007).

17 DCMR § 7503 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

7503.1 The Board may grant a license to practice massage therapy to an applicant who completed an educational program in a foreign country if the applicant meets the following requirements:

(a) Meets all requirements of this chapter except for §7502.1; and

(b) Demonstrates to the satisfaction of the Board that the applicant's education and training are substantially equivalent to the requirements of this subtitle and the Act in ensuring that the applicant is qualified to practice massage therapy by arranging for an evaluation of the applicant's education and practical training.

7503.2 To qualify for a license under this section, an applicant shall have successfully completed a training program that meets the standards for accreditation of massage therapy programs equivalent to those set forth in §7502.1.

7503.3 The Board may interview an applicant under this section to determine whether the applicant's education and/or training meets the requirements of the Act and this chapter.

7503.4 If a document required by this subtitle is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998).

17 DCMR § 7504 NATIONAL EXAMINATION

7504.1 To qualify for a license by examination, an applicant shall receive a passing score on the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB) or another examination which is certified by the National Commission of Certifying Agencies (NCCA) or the Federation of State Massage Therapy Boards (FSMTB) and approved at the discretion of the Board.

7504.2 An applicant shall submit, with a completed application to the Board, the applicant's examination results, certified by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) or another testing service approved by the Board pursuant to §7504.1.

7504.3 The Board shall only consider an application after the applicant has passed the required approved examination.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998); as amended by Final Rulemaking published at 54 DCR 8933 (September 14, 2007).

17 DCMR § 7505 [RESERVED]

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998).

17 DCMR § 7506 CONTINUING EDUCATION REQUIREMENTS

7506.1 Subject to § 7506.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a license and shall not apply to applicants for an initial licensure or the first renewal of a license

7506.2 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 7507.

7506.3 To qualify for the renewal of a license, an applicant shall have completed the following continuing education during the two (2)-year period preceding the date the license expires:

(a) An applicant seeking to renew a license expiring on or before January 31, 2019 shall have completed twelve (12) hours of approved continuing education, which shall include three (3) hours of professional ethics and nine (9) hours of massage-related course work, six (6) of which shall be hands-on, massage technique course(s) completed in a live classroom setting; or

(b) An applicant seeking to renew a license expiring on or after January 31, 2021 shall have completed fourteen (14) hours of approved continuing education, which shall include three (3) hours of professional ethics, nine (9) hours of massage-related course work, six (6) of which shall be hands-on, massage technique course(s) completed in a live classroom setting, and two (2) hours of LGBTQ continuing education; and

(c) An applicant seeking to renew a license at any time shall have completed ten percent (10%) of the total required continuing education in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

7506.4 To qualify for the reactivation of a license, an applicant whose license has been in inactive status in accordance with Section 511 of the Act, D.C. Official Code § 3-1205.11, and who does not possess a current and valid license to practice massage therapy in another jurisdiction in the United States, shall have completed, during the two (2) years before the date of the application, fourteen (14) hours of approved continuing education, which shall include three (3) hours of professional ethics, nine (9) hours of massage-related course work, six (6) of which shall be hands-on, massage technique course(s) completed in a live classroom setting, and two (2) hours of LGBTQ continuing education, provided further that ten percent (10%) of the total required continuing education in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

7506.5 To qualify for the reactivation of a license, an applicant whose license has been in inactive status in accordance with Section 511 of the Act, D.C. Official Code § 3-1205.11, and who possesses a current and valid license or authorization to practice massage therapy in another jurisdiction of the United States shall be deemed to possess current competency and shall not be required to submit proof of continuing education.

7506.6 A licensee may obtain and remain in inactive status in accordance with D.C. Official Code § 3-1205.11 for no more than ten (10) years. A person whose license has been inactive for more than ten (10) years shall apply for and meet the requirements for licensure in accordance with § 7502.

7506.7 To qualify for reinstatement of a license, an applicant shall have completed the following continuing education:

(a) An applicant whose license has expired two (2) years or less shall have completed fourteen (14) hours of continuing education as enumerated in § 7506.3(b) during the two (2) years’ period preceding the date of the application; or

(b) An applicant whose license has expired more than two (2) years but less than five (5) years shall have completed twenty-six (26) hours of the following continuing education during the two (2) years’ period preceding the date of the application:

(1) Six (6) hours of professional ethics;

(2) Eighteen (18) hours of massage-related course work provided by a Board approved provider of which twelve (12) hours shall be hands-on, massage-technique course(s) completed in a live classroom setting taught by appropriate instructors; and

(3) Two (2) hours of LGBTQ continuing education; and

(c) An applicant seeking to reinstate a license under this subsection shall have completed ten percent (10%) of the total required continuing education in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

7506.8 An applicant under this section shall prove completion of required continuing education credits by submitting the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion, by signature or stamp.

7506.9 The Board may periodically conduct a random audit of its active licensees to determine continuing education compliance. Any licensee selected for the audit shall submit proof of his or her continuing education to the Board within thirty (30) days of receiving notification of the audit. Failure to timely respond to the audit notice may subject the licensee to disciplinary action by the Board.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998); as amended by Final Rulemaking published at 50 DCR 2048 (May 7, 2003); as amended by Final Rulemaking published at 52 DCR 8524 (September 16, 2005); as amended by Final Rulemaking published at 54 DCR 8933 (September 14, 2007); as amended by Final Rulemaking published at 62 DCR 15847 (December 11, 2015); as amended by Final Rulemaking published at 64 DCR 9882 (October 6, 2017); as amended by Final Rulemaking published at 66 DCR 6825 (June 7, 2019). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7506

17 DCMR § 7507 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

7507.1 The Board may, in its discretion, approve continuing education programs and activities that contribute to the growth of an applicant in professional competence in the practice of massage therapy and which meet the other requirements of this section.

7507.2 The Board may approve the following types of continuing education programs if the program meets the requirements of § 7507.3:

(a) An undergraduate or graduate course given at an accredited college or university;

(b) A seminar or workshop;

(c) An educational program given at a conference; and

(d) In-service training.

7507.3 To qualify for approval by the Board, a continuing education program shall do the following:

(a) Be current in its subject matter;

(b) Be developed and taught by qualified individuals; and

(c) Meet one (1) of the following requirements:

(1) Be administered or approved by a recognized national, state, or local massage therapy organization, NCBTMB, health care organization, accredited health care facility, or an accredited college or university; or

(2) Be submitted by the program sponsors to the Board for review no less than sixty (60) days prior to the date of the presentation and be approved by the Board.

7507.4 The Board may issue and update a list of approved continuing education programs.

7507.5 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

7507.6 The Board may approve the following continuing education activities by an applicant:

(a) Serving as an instructor or speaker at a conference, seminar, workshop, or in-service training;

(b) Publication of an article in a professional journal or publication of a book or a chapter in a book or publication of a book review in a professional journal or bulletin related to massage therapy;

(c) Serving as a clinical instructor for students of massage therapy; or

(d) Participating in research as a principal investigator or research assistant.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998); as amended by Final Rulemaking published at 54 DCR 8933 (September 14, 2007).

17 DCMR § 7508 CONTINUING EDUCATION CREDITS

7508.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

7508.2 For approved undergraduate or graduate courses that are taken for educational credit, each semester credit constitutes thirty-seven (37) hours of continuing education credit, and each quarter credit constitutes thirty (30) hours of continuing education credit.

7508.3 For approved undergraduate or graduate courses that are audited, two (2) hours of continuing education credit shall be granted.

7508.4 The Board may grant a maximum of six (6) continuing education credits per year to an applicant who attends in-service education programs.

7508.5 The Board may grant to an applicant who serves as an instructor or speaker at an acceptable program for both preparation and presentation time, subject to the restrictions in §7508.6 through § 7508.8.

7508.6 The maximum amount of credit that may be granted for preparation time is twice the amount of the associated presentation time.

7508.7 If an applicant has previously received credit in connection with a particular pre sentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject.

7508.8 The presentation shall have been completed during the period for which credit is claimed.

7508.9 The Board may grant an applicant who is an author or sole editor of a published book eight (8) hours of continuing education credit, if the book has been published or accepted for publication during the period for which credit is claimed and the applicant submits proof of this fact in the application.

7508.10 The Board may grant an applicant who is the sole author or co-author of a published original paper four (4) hours of continuing education credit, subject to the same restrictions set forth for books in § 7508.9.

7508.11 The Board may grant an applicant who is the sole author of a published book review, review paper, or abstract, two (2) hours of continuing education credit, subject to the same restrictions set forth for books in § 7508.9.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998).

17 DCMR § 7510 SCOPE OF PRACTICE

7510.1 A massage therapist or any person so authorized under the Act to perform massage therapy may perform therapeutic maneuvers in which the practitioner applies massage techniques, including use of the hand or limb, by applying touch and pressure to the human body. Such techniques include, but are not limited to the following:

(a) Stroking,(including but not limited to Effluerage);

(b) Kneading, (including but not limited to Petrissage);

(c) Tapping, (including but not limited to Tapotement);

(d) Flexibility training, (including but not limited to stretching, strengthening, and manual traction);

(e) Compression;

(f) Vibration;

(g) Friction;

(h) Application of heat, cold, and water;

(i) Non-prescription drug applications, (including mild abrasives) for the purpose of improving circulation, enhancing muscle relaxation, relieving muscle pain, reducing stress, or promotion health; or

(j) Holding, positioning, or causing movement of an individual's body.

7510.2 Massage therapy does not include incidental use of soft tissue manipulation while primarily engaging in another technique or modality in which a practitioner is qualified.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998); as amended by Final Rulemaking published at 54 DCR 8933 (September 14, 2007).

17 DCMR § 7511 PRACTICE OF MASSAGE THERAPY BY STUDENTS OR APPLICANTS

7511.1 This section shall apply to the following:

(a) Students enrolled in schools or colleges recognized by the Board pursuant to § 7502.1 as candidates for a certificate or degree in massage therapy; and

(b) Applicants for a license whose first application for a license in the District of Columbia is pending.

7511.2 A student or applicant may perform actions which require a license as a massage therapist only in accordance with the Act and this section.

7511.3 Students and applicants shall adhere to the following:

(a) A student shall practice massage therapy only under the charge of a supervisor; and

(b) An applicant may practice massage therapy prior to licensure for 90 days under the charge of a supervisor.

7511.4 The practice of massage therapy by a student or applicant must be subject to the written consent and protocols of the supervisor or school.

7511.5 A student or applicant shall identify himself or herself as a student or applicant at all times when performing actions of a massage therapist.

7511.6 A massage therapist supervising a student or an applicant shall be fully responsible for massage therapy performed according to the written protocols of the school or supervisor by the student or applicant during the time of the supervision and is subject to disciplinary action for any violation of the Act or this chapter by the person supervised.

7511.7 A student may not be paid or receive compensation of any nature, directly or indirectly, from a client.

7511.8 Nothing in this chapter shall be construed to bar a school from charging fees for its students' massage therapy services to the public.

7511.9 A student or applicant shall be subject to all of the applicable provisions of the Act and this chapter.

7511.10 In accordance with Chapter 41 of this title, the Board may deny an application for a license by, or take other disciplinary action against a student or applicant who is found to have violated the Act or this chapter.

7511.11 If the Board finds that a student or applicant has violated the Act or this chapter, the Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the student or applicant to practice.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998); as amended by Final Rulemaking published at 52 DCR 8524 (September 16, 2005); as amended by Final Rulemaking published at 54 DCR 8933 (September 14, 2007).

17 DCMR § 7512 CARDIAC PULMONARY RESUSCITATION AND FIRST AID REQUIREMENTS

7512.1 This section shall apply to renewal, reactivation, or reinstatement of a license for a term beginning February 1, 2009, and for subsequent terms thereafter.

7512.2 An applicant for renewal, reactivation, or reinstatement of a license shall submit to the Board with the renewal, reactivation, or reinstatement application copies of certificates indicating CPR and first-aid certification valid at the date of renewal, reactivation, or reinstatement. Such certification shall not be used to satisfy continuing education requirements.

7512.3 A person licensed under this chapter shall maintain, without interruption or gap, valid and effective CPR and first-aid certifications for the duration of his or her massage therapy license issued under this chapter.

7512.4 A certification of the CPR training as required in this section shall be valid only if the training was completed in a live classroom setting taught by an appropriate instructor.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998); as amended by Final Rulemaking published at 54 DCR 8933 (September 14, 2007); as amended by Final Rulemaking published at 62 DCR 15847 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7512

17 DCMR § 7513 ADVERTISEMENT

7513.1 A massage therapist licensed under the provisions of this chapter shall include the number of his or her license in any advertisement of massage services appearing in any newspaper, airwave transmission, telephone directory or other advertising medium.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998); as amended by Final Rulemaking published at 50 DCR 2048 (May 7, 2003).

17 DCMR § 7514 STANDARDS OF CONDUCT

7514.1 A licensed massage therapist shall do the following:

(a) Perform only those services for which the massage therapist is qualified and shall not represent his or her skills, training, scope of practice, certifications, professional affiliations, and other qualifications in a manner which is false or misleading;

(b) Work to eliminate prejudices in the profession and not unjustly discriminate against clients or colleagues;

(c) Abide by all health occupations laws that apply to the practice of massage therapy;

(d) Protect the client's right to privacy by not divulging confidential information unless disclosure is with the consent of the client or the client's guardian, or is, in the judgment of the massage therapist, needed to protect the client or the community, or is otherwise required by law;

(e) Conduct business and professional activities with honesty and integrity and project a professional image in all aspects of his or her practice;

(f) Respect the integrity of each person and, therefore, shall not engage in any sexual activity with clients or individuals who have been clients within the previous twelve (12) months, nor engage in any activities with the intent of sexually arousing clients;

(g) Provide information about fees upon request by the client;

(h) Promptly report any information of illegal, unethical, or unsafe practice of massage therapy to the Board;

(i) Use professional verbal, nonverbal, and written communications;

(j) Provide an environment that is safe and comfortable for the client and which, at a minimum, meets all legal requirements for health and safety;

(k) Use standard precautions to insure professional hygienic practices and maintain a level of personal hygiene appropriate for practitioners in the therapeutic setting;

(l) Wear clothing that is clean, modest, and professional;

(m) Obtain voluntary and informed consent from the client or the client's guardian prior to initiating the session;

(n) If applicable, conduct an accurate needs assessment, develop a plan of care with the client, and update the plan as needed;

(o) Use appropriate draping to protect the client's physical and emotional privacy;

(p) Refer to other professionals when in the best interest of the client or practitioner;

(q) Seek other professional advice when needed;

(r) Respect the traditions and practices of other professionals and foster collegial relationships;

(s) Refrain from impugning the reputation of any colleague;

(t) Protect the interests of clients who are minors or who are unable to give voluntary consent by securing permission from an appropriate third-party or guardian;

(u) Solicit only information that is relevant to the professional client therapist relationship;

(v) Maintain client files for a minimum of three (3) years past the date of last contact for an adult and, for a minor, a minimum of three (3) years after the minor reaches the age of majority;

(w) Store and dispose of client files in a secure manner;

(x) Maintain adequate and customary liability insurance;

(y) Advertise in a manner that is not misleading to the public by, among other things, the use of sensational, sexual, or provocative language or pictures to promote business;

(z) Display or discuss schedule of fees in advance of the session so as to be clearly understood by the client or potential client;

(aa) Recognize his or her influential position with the client and not exploit the relationship for personal or other gain;

(bb) Respect the client's right to refuse the therapeutic session;

(cc) Refrain from practicing under the influence of alcohol, drugs, or any illegal substances, with the exception of prescribed dosages of prescription medication that do not significantly impair the therapist; and

(dd) Have the right to refuse or terminate the service provided to a client who is abusive or under the influence of alcohol, drugs, or any illegal substance.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998); as amended by Final Rulemaking published at 54 DCR 8933 (September 14, 2007).

17 DCMR § 7515 SUPERVISED PRACTICE FORM

7515.1 A supervised practice form shall be submitted two (2) weeks prior to commencement of supervised practice. A supervised practice form may only be issued to an applicant one (1) time. An applicant may practice massage therapy while working under a supervised practice form for no more than ninety (90) days, and may practice at multiple locations at the discretion of the supervisor(s).

7515.2 A supervisor may supervise no more than three (3) applicants at any one time.

History

• SOURCE: Final Rulemaking published at 54 DCR 8933 (September 14, 2007).

17 DCMR § 7516 [REPEALED]

History

• SOURCE: Final Rulemaking published at 54 DCR 8933 (September 14, 2007); as amended by Final Rulemaking published at 60 DCR 14805 (October 18, 2013).

17 DCMR § 7599 DEFINITIONS

7599.1 As used in this chapter, the following terms shall have the meanings ascribed:

Act - means the D.C. Health Occupations Revision Act of 1985, effective March 15, 1986 (D.C. Law 6-99; D.C Official Code §§ 3-1201.01 et seq.).

Applicant - means a person applying for a license to practice massage therapy under this chapter.

Approved School - means any institution or training program which meets the requirements of § 7502.1.

Board - means the Board of Massage Therapy, established by § 215(a) of the Act (D.C. Official Code § 3-1203.15(a)).

Director – The Director of the Department of Health, or the Director’s designee.

Hands-on, massage-technique course – means a course, class, workshop, or training session in which one or more massage techniques are taught or provide the basis of the instruction, and the participants or attendees have the opportunity to emulate, practice, or learn massage techniques from the instructor.

Incidental use - means soft tissue manipulation performed as part of movement reeducation, energy healing, or other modality in which the soft tissue manipulation is not the central aim of the treatment, but is performed occasionally to facilitate the non- massage therapy practice.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

Massage techniques - means any touching or pressure with the intent of providing healing or therapeutic benefits through soft tissue manipulation. Massage techniques include, but are not limited to, Rolfing, Neuromuscular Therapy, Shiatsu or acupressure, Trigger Point massage, Trager, Tui na, Reflexology, Thai Massage, deep tissue massage, Myofascial Release, Lymphatic Drainage, Craniosacral, Polarity, Reiki, Swedish Massage, and Therapeutic Touch. Massage techniques may be performed in any postural position including seated massage and techniques performed on clothed clients.

Massage therapist - means a person licensed to practice massage therapy under the Act.

Sexual activity - means any direct or indirect physical contact or connection by any person, or between persons, which is intended to erotically stimulate either or both persons or which is likely to cause such stimulation. As used herein, sexual activity can involve the use of any device or object and is not dependent on whether penetration, orgasm, or ejaculation occurs.

Supervision - means oversight by a supervisor who is available on the premises or by vocal communication, either directly or by a communications device, and within one (1) hour of travel time of the supervisee.

Supervisor - means a massage therapist who is licensed under the Act and in good standing in the District of Columbia, who assumes legal, ethical, and professional responsibility for the conduct of a student or applicant performing massage therapy under his or her charge.

Therapeutic - means having a positive effect on the health and well-being of the client.

Training - means in-class instruction from an approved institution pursuant to § 7502.1. Apprenticeships, internships, correspondence courses or any other out-of-class experience are not considered training, but are considered experience.

7599.2 The definitions of § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this title.

History

• SOURCE: Final Rulemaking published at 45 DCR 7716 (October 30, 1998); as amended by Final Rulemaking published at 54 DCR 8933 (September 14, 2007); as amended by Final Rulemaking published at 62 DCR 15847 (December 11, 2015); as amended by Final Rulemaking published at 64 DCR 9882 (October 6, 2017); as amended by Final Rulemaking published at 66 DCR 6825 (June 7, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7599

17-76 RESPIRATORY THERAPY

17 DCMR § 7600 GENERAL PROVISIONS

7600.1 This chapter applies to persons authorized to practice respiratory therapy in the District including applicants for or holders of a license issued in accordance with this chapter.

7600.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title supplement this chapter.

History

• SOURCE: Final Rulemaking published at 46 DCR 7282 (September 17, 1999); as amended by Final Rulemaking published at 66 DCR 11586 (August 30, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7600

17 DCMR § 7601 TERM OF LICENSE

7601.1 Except as provided in § 7601.3, a license issued pursuant to this chapter shall be effective for not more than two years and shall expire at 12:00 Midnight on January 31st of each odd-numbered year.

7601.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birth date of the holder of the license, or other date established by the Director.

7601.3 Notwithstanding § 7601.1, a new license issued within the ninety (90) day period prior to the expiration of a licensure term may be issued for a period covering the remainder of the licensure term and the subsequent term.

History

• SOURCE: Final Rulemaking published at 46 DCR 7282 (September 17, 1999); as amended by Final Rulemaking published at 66 DCR 11586 (August 30, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7601

17 DCMR § 7602 EDUCATIONAL REQUIREMENTS

7602.1 Except as provided in § 7605, each applicant for a license to practice respiratory therapy shall submit proof, satisfactory to the Board, that the applicant has successfully completed an educational program in the practice of respiratory care that has been accredited by the Commission on Accreditation for Respiratory Care (CoARC) or its successor organization.

History

• SOURCE: Final Rulemaking published at 46 DCR 7282 (September 17, 1999); as amended by Final Rulemaking published at 66 DCR 11586 (August 30, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7602

17 DCMR § 7603 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

7603.1 An Applicant who was educated in a foreign country shall satisfy the educational requirements in § 7602.

History

• SOURCE: Final Rulemaking published at 46 DCR 7282 (September 17, 1999). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7603

17 DCMR § 7604 NATIONAL EXAMINATION

7604.1 In addition to satisfying the educational requirement set forth in § 7602, an applicant shall receive a passing score on the Therapist Multiple-Choice Examination for Certified Respiratory Therapist (CRT) or for Registered Respiratory Therapist (RRT), developed and administered by the National Board for Respiratory Care (NBRC). The passing score for the purposes of these rules shall be the passing score determined by the NBRC.

7604.2 Each applicant for a license by examination shall submit to the Board a completed application and the applicant’s CRT or RRT examination results, which shall be certified or validated by the NBRC.

7604.3 An applicant for a license by examination who took and passed an NBRC examination required pursuant to § 7604.1 more than five (5) years prior to the date of the application shall be required to take and pass the examination again unless the applicant has continuously maintained valid credential as a Certified Respiratory Therapist (CRT) or Registered Respiratory Therapist (RRT) and such credential was obtained after July 1, 2002.

History

• SOURCE: Final Rulemaking published at 46 DCR 7282 (September 17, 1999); as amended by Final Rulemaking published at 66 DCR 11586 (August 30, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7604

17 DCMR § 7605 LICENSURE BY ENDORSEMENT

7605.1 The Board may issue a license to practice respiratory therapy by endorsement to an applicant who:

(a) Is currently licensed to practice respiratory care in another state according to standards that were the substantial equivalent to the District’s at the time of the licensing;

(b) Has continually remained in good standing under the laws of another state with standards that the Board determines to be comparable to the requirements of the Act and this chapter;

(c) Possesses a valid and current certification as a Certified Respiratory Therapist (CRT) or Registered Respiratory Therapist (RRT), issued by the National Board for Respiratory Care (NBRC); and

(d) Meets the other applicable requirements of D.C. Official Code § 3-1205.03.

History

• SOURCE: Final Rulemaking published at 46 DCR 7282 (September 17, 1999); as amended by Final Rulemaking published at 66 DCR 11586 (August 30, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7605

17 DCMR § 7606 RENEWAL, REACTIVATION, OR REINSTATEMENT OF A LICENSE; CONTINUING EDUCATION REQUIREMENTS

7606.1 Except as provided in § 7606.2, all applicants for the renewal, reactivation, or reinstatement of a license to practice respiratory therapy in the District shall demonstrate successful completion of approved continuing education units (“CEUs”) in accordance with this section.

7606.2 This section does not apply to applicants for an initial license, nor to applicants for the first renewal of a license after the initial grant.

7606.3 To qualify for reactivation of a license to practice respiratory therapy, a person in inactive status, as defined in § 511 of the Act (D.C. Official Code § 3-1205.11), shall possess a valid and active credential as a Certified Respiratory Therapist (CRT) or Registered Respiratory Therapist (RRT).

7606.4 To qualify for reinstatement of a license, an applicant shall submit proof of the following:

(a) Having successfully completed eight (8) approved CEUs for each year that the license remains expired and two (2) of the required CEUs shall be in ethics, provided further that ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate; and

(b) A current and valid credential as a Certified Respiratory Therapist (CRT) or Registered Respiratory Therapist (RRT), issued by the National Board for Respiratory Care (NBRC).

7606.5 To qualify for the renewal of a license, an applicant shall have completed sixteen (16) CEUs of approved continuing education programs or activities during the two (2) year period preceding the date the license expires, which shall include:

(a) Three (3) CEUs of ethics, for an applicant seeking to renew his or her license on or before January 31, 2019; or

(b) Two (2) CEUs of ethics and two (2) CEUs of LGBTQ continuing education, for an applicant seeking to renew his or her license after January 31, 2019, provided further that ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

7606.6 A CEU shall be valid only if it is part of a program or activity approved by the Board in accordance with § 7607.

7606.7 The Board may conduct a random audit of active licensees to determine compliance with the continuing education requirements and the requirement for continuously valid credential pursuant to § 7611. A licensee who is selected for audit shall submit satisfactory proof of continuing education compliance and possession of valid and active CRT or RRT credential within thirty (30) days of receiving the notice of the audit.

History

• SOURCE: Final Rulemaking published at 46 DCR 7282 (September 17, 1999); as amended by Final Rulemaking published at 53 DCR 2396 (March 31, 2006); as amended by Final Rulemaking published at 54 DCR 2518 (March 23, 2007); as amended by Final Rulemaking published at 64 DCR 8266 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 11586 (August 30, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7606

17 DCMR § 7607 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

7607.1 The Board may grant CEU credit for continuing education programs or activities that it deems to contribute to the growth or maintenance of competency in the practice of respiratory therapy and meets other applicable requirements of this section.

7607.2 The Board may grant CEU credit to an instructor or speaker at a seminar, workshop, or program that is approved by one of the organizations listed in § 7607.4 of this chapter for both preparation and presentation time, subject to the following restrictions:

(a) The maximum CEU credit granted for preparation time is equal to the presentation time;

(b) The maximum CEU credit that may be granted pursuant to this subsection is fifty percent (50%) of a requestor’s CEU requirement;

(c) If a requestor has previously received CEU credit in connection with a particular presentation, the Board shall not grant CEU credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject; and

(d) The presentation shall have been presented during the period for which credit is claimed.

7607.3 The Board may grant CEU credit for authoring and publishing an article in a professional, peer-reviewed journal, a book or a chapter in a book, or a book review in a professional, peer-reviewed journal or bulletin provided that the article, book or chapter was published during the period for which credit is claimed.

7607.4 The Board shall grant CEU credit for a continuing respiratory care education seminar, workshop, or program administered, sponsored, or approved by:

(a) The American Association of Respiratory Care (AARC);

(b) The Maryland/District of Columbia Society for Respiratory Care;

(c) A health care facility accredited by The Joint Commission;

(d) A college or university approved by an accrediting body recognized by the Council for Higher Education Accreditation or the Secretary of the United States Department of Education; or

(e) Any of the following organizations provided that the training is related to respiratory care services:

(1) American Medical Association;

(2) American Thoracic Society;

(3) American Association of Cardiovascular and Pulmonary Rehabilitation;

(4) American Heart Association;

(5) American Nurses Association;

(6) American College of Chest Physicians;

(7) American Society of Anesthesiologists;

(8) American Academy of Sleep Medicine;

(9) The Accreditation Council for Continuing Medical Education (ACCME);

(10) The American College of Cardiology; or

(11) The American Lung Association.

7607.5 The Board shall not grant CEU credit for basic life support courses or training, or for CPR courses or training.

History

• SOURCE: Final Rulemaking published at 46 DCR 7282 (September 17, 1999); as amended by Final Rulemaking published at 53 DCR 2396 (March 31, 2006); as amended by Final Rulemaking published at 66 DCR 11586 (August 30, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7607

17 DCMR § 7608 PRACTICE OF RESPIRATORY CARE BY STUDENTS OR APPLICANTS

7608.1 This section applies to:

(a) A student enrolled in an approved school or college as a candidate for a degree or a certificate in respiratory therapy; or

(b) An applicant whose first application for a license to practice respiratory therapy in the District has been submitted to the Board and a decision on the application is pending.

7608.2 A student may practice respiratory therapy only in accordance with the following provisions:

(a) A student may practice only in a hospital, nursing home, health facility, or health education center operated by the District or federal government, or at a health care facility that the student’s school or college determines to be appropriate for this purpose;

(b) A student shall be supervised at all times by a respiratory therapist licensed in the District who shall be present on site and available to supervise and oversee the student at all times;

(c) The supervisor shall be fully responsible for the supervised student’s practice and may be subject to disciplinary action for any act or omission by the student that constitutes a violation of the Act or this chapter;

(d) A student may not receive payment or compensation of any nature either directly or indirectly for his or her practice of respiratory therapy; and

(e) A student shall be subject to each of the applicable provisions of the Act and this chapter.

7608.3 An applicant referenced in § 7608.1(b) may practice respiratory therapy only in accordance with the following provisions:

(a) An applicant may practice only under general supervision of a respiratory therapist licensed in the District who shall be fully responsible for the supervised applicant’s practice and may be subject to disciplinary action for any act or omission by the applicant that constitutes a violation of the Act or this chapter;

(b) An applicant may not begin practicing respiratory therapy unless he or she has received express, written authorization from the Board, which may not be issued until the Board has satisfactorily reviewed the result of the applicant’s criminal background check as provided by the Federal Bureau of Investigation, provided, however, that such temporary authorization to practice shall not limit the Board’s authority to take any appropriate action based on the applicant’s full criminal background check;

(c) An applicant’s authorization to practice under this section shall not exceed ninety (90) days; provided, however, that the Board may grant an extension of this authorization for good cause;

(d) An applicant may be paid a salary or compensation for the hours worked; and

(e) An applicant shall be subject to each of the applicable provisions of the Act and this chapter.

7608.4 If the Board finds that a student or applicant referenced in § 7608.1(b) has violated the Act or this chapter, the Board may, in addition to any other disciplinary action permitted by the Act including denial of application, revoke, suspend, or restrict the authorization for the student or applicant to practice respiratory therapy.

History

• SOURCE: Final Rulemaking published at 46 DCR 7282 (September 17, 1999); as amended by Final Rulemaking published at 66 DCR 11586 (August 30, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7608

17 DCMR § 7609 STANDARDS OF CONDUCT AND ETHICS

7609.1 A respiratory therapist shall:

(a) Practice medically acceptable methods of treatment;

(b) Present his or her skills, training, scope of practice, certification, professional affiliations, or other qualifications in a manner that is not false or misleading;

(c) Practice only within the scope of his or her competence, qualifications, and any authority under the law;

(d) Continually strive to enhance the knowledge and skill set required to render quality respiratory care to each patient;

(e) Promptly report to the Board any information relating to the incompetent, unsafe, illegal, or unethical practice of respiratory therapy or any violation of the Act or this chapter;

(f) Uphold the dignity and honor of the profession and abide by its ethical principles;

(g) Cooperate with other health care professionals;

(h) Provide all services in a manner that respects the dignity of the patient, regardless of the patient’s social or economic status, personal attributes, or health problems;

(i) Refuse any gift or offer of gift from a patient, or friend or relative of a patient, for respiratory care provided to the patient; and

(j) Abide by the National Clinical Practice Guidelines published by the American Association of Respiratory Care (AARC) and any subsequent guidelines published by the AARC.

7609.2 A respiratory therapist may utilize communication technology in standard patient care assessment and monitoring provided that the patient has provided written and informed consent specific to this manner of service and that the therapist has determined the following:

(a) This manner of service does not affect the quality of the service;

(b) The technology being used is fully secured and has been determined to safeguard the patient’s confidentiality and privacy;

(c) The patient is sufficiently knowledgeable or familiar with the technology such that there would not be any difficulty or barrier to its effective utilization;

(d) This manner of service promotes continuity of care; and

(e) The patient is physically in the District at the time of the service.

History

• SOURCE: Final Rulemaking published at 46 DCR 7282 (September 17, 1999); as amended by Final Rulemaking published at 66 DCR 11586 (August 30, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7609

17 DCMR § 7610 SCOPE OF PRACTICE

7610.1 A respiratory therapist may practice only in a collaborative agreement with a licensed physician, a nurse practitioner, or a licensed physician assistant under supervision of a licensed physician.

7610.2 The practice of respiratory care includes any of the following:

(a) Direct and indirect respiratory care services that are safe, aseptic, preventive, and restorative to the patient;

(b) The practice of the principles, techniques, and theories derived from cardiopulmonary medicine;

(c) Evaluation and treatment of individuals whose cardiopulmonary functions have been threatened or impaired by developmental defects, the aging process, physical injury, disease, or actual or anticipated dysfunction of the cardiopulmonary system;

(d) Observation and monitoring of physical signs and symptoms, general behavior, and general physical response to respiratory care procedures, and determination of whether initiation, modification, or discontinuation of the treatment regimen is warranted;

(e) The transcription and implementation of a written or oral order, or both, pertaining to the practice of respiratory care;

(f) Evaluation techniques including cardiopulmonary functional assessments, gas exchange, the need and effectiveness of therapeutic modalities and procedures, and assessment and evaluation of the need for extended care and home care procedures, therapy, and equipment;

(g) Professional application of techniques, equipment, and procedures involved in the administration of respiratory care such as:

(1) Therapeutic and diagnostic gases (excluding general anesthesia);

(2) Prescribed medications for inhalation or direct tracheal instillation;

(3) Nonsurgical intubation, maintenance, and extubation of artificial airways;

(4) Advanced cardiopulmonary measures;

(5) Chest needle decompression;

(6) Cardiopulmonary rehabilitation;

(7) Mechanical ventilation or physiological life support systems;

(8) Collection of body fluids and blood samples for evaluation and analysis, including collection by intraosseous access;

(9) Insertion of diagnostic arterial access lines, including large bore intravenous access; or

(10) Collection and analysis of exhaled respiratory gases;

(h) The clinical supervision of licensed respiratory therapists, respiratory care departments, or the provision of any respiratory care services;

(i) The respiratory care clinical instruction or oversight of respiratory care students, while performing respiratory care procedures as part of their clinical curriculum; or

(j) The teaching or instructing of others in the discipline of respiratory care and therapy.

History

• SOURCE: Final Rulemaking published at 66 DCR 11586 (August 30, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7610

17 DCMR § 7611 MAINTENANCE OF VALID NATIONAL CERTIFICATION

7611.1 Beginning with the licensure term starting on February 1, 2021, a licensed respiratory therapist shall continuously maintain a valid national certification by the National Board of Respiratory Care (NBRC).

History

• SOURCE: Final Rulemaking published at 66 DCR 11586 (August 30, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7611

17 DCMR § 7699 DEFINITIONS

7699.1 As used in this chapter, the following terms shall have the meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq.)

Board – the Board of Respiratory Care, established by § 214 of the Act (D.C. Official Code § 3-1202.14).

Continuing education unit (CEU) – at least fifty (50) minutes of education, learning, or presentation time.

CRT – credential as a Certified Respiratory Therapist or achieving a passing score on the Therapist Multiple-Choice Examination for Certified Respiratory Therapist, developed and administered by the National Board for Respiratory Care (NBRC).

Director – the Director of the Department of Health or his or her designee.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) and meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5)).

Licensed respiratory therapist – a respiratory therapist licensed pursuant to this chapter.

Licensure term – a two-year period between February 1st of each odd-numbered year and January 31st of the next odd-numbered year during which a license issued pursuant to this chapter is valid in accordance with § 7601.

Nurse Practitioner – a licensed registered nurse holding a certificate issued in accordance with Chapter 59 of Title 17 of the District of Columbia Municipal Regulations.

RRT – credential as a Registered Respiratory Therapist or achieving a passing score on the Therapist Multiple-Choice Examination for Registered Respiratory Therapist, developed and administered by the National Board for Respiratory Care (NBRC).

The Joint Commission – the nationally-recognized, independent, not-for-profit organization founded in 1951 that accredits and certifies health care organizations and programs in the United States.

7699.2 The definitions of § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 46 DCR 7282 (September 17, 1999); as amended by Final Rulemaking published at 64 DCR 8266 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 11586 (August 30, 2019). District of Columbia Municipal Regulations Business, Occupations and Professionals 17 DCMR § 7699

17-77 MARRIAGE AND FAMILY THERAPY

17 DCMR § 7700 GENERAL PROVISIONS

7700.1 This chapter shall apply to applicants for and holders of a license to practice marriage and family therapy.

7700.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 7845 (September 29, 2006).

17 DCMR § 7701 TERM OF LICENSE

7701.1 Subject to § 7701.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31 of each even-numbered year.

7701.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 7845 (September 29, 2006).

17 DCMR § 7702 EDUCATIONAL REQUIREMENTS

7702.1 An applicant shall furnish proof satisfactory to the Board in accordance with § 831(a) of the Act, (D.C. Official Code § 3-1208.31(a) (2004 Supp.)) that the applicant:

(a) Has successfully completed a master's degree or a doctoral degree in marriage and family therapy from a recognized educational institution; or

(b) Possesses a graduate degree in an allied field as defined in section 7799, from a recognized educational institution and has successfully completed graduate level course work which is equivalent to a master's degree in marriage and family therapy, as determined by the Board.

7202.2 For the purposes of Subsection 7702.1, qualifying degrees shall consist of at least sixty (60) semester hours or ninety (90) quarter credits in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE).

7702.3 A qualifying graduate degree shall include a total of at least thirty-nine (39) semester hours in the following areas:

(a) A minimum of three (3) semester hours in family systems theories and their application in working with a wide variety of family structures, which shall include:

(1) Studies of families in transition, nontraditional families and blended families; and

(2) A diverse range of marriage and family issues presented in a clinical setting;

(b) A minimum of six (6) semester hours of marriage and family studies, which shall include:

(1) Theoretical foundations, history, philosophy, etiology and contemporary conceptual directions of marriage and family therapy or marriage and family counseling; and

(2) Preventative approaches, including premarital counseling, parent skill training and relationship enhancement, for working with couples, families, individuals, subsystems and other systems;

(c) A minimum of nine (9) semester hours of marriage and family therapy, which shall include:

(1) The practice of marriage and family therapy related to theory, and a comprehensive survey and substantive understanding of the major models of marriage and family therapy or marriage and family counseling; and

(2) Interviewing and assessment skills for working with couples, families, individuals, subsystems and other systems, and skills in the appropriate implementation of systematic interventions across a variety of marriage and family issues presented in a clinical setting, including socioeconomic, abuse and addiction issues;

(d) A minimum of nine (9) semester hours of human development, which shall include:

(1) Individual development and transitions across the life span;

(2) Family, marital and couple life cycle development and family relationships, family of origin and intergenerational influences, cultural influences, ethnicity, race, socioeconomic status, religious beliefs, gender, sexual orientation, social and equity issues, and disability;

(3) Human sexual development, function and dysfunction, impacts on individuals, couples, and families, and strategies for intervention and resolution; and

(4) Issues of violence, abuse, and substance use in a relational context, and strategies for intervention and resolution;

(e) A minimum of six (6) semester hours of psychological and mental health competency which shall include:

(1) Psychopathology, including etiology, assessment, evaluation, and treatment of mental disorders, use of the current diagnostic and statistical manual of mental disorders, differential diagnosis, and multiaxial diagnosis;

(2) Standard mental health diagnostic assessment methods and instruments, including standardized tests; and

(3) Psychotropic medications and the role of referral to and cooperation with other mental health practitioners in treatment planning, and case management skills for working with individuals, couples, and families;

(f) A minimum of three (3) semester hours of professional ethics and identity, which shall include:

(1) Professional identity, including professional socialization, professional organizations, training standards, credentialing bodies, licensure, certification, practice settings, and collaboration with other disciplines;

(2) Ethical and legal issues related to the practice of marriage and family therapy, legal responsibilities of marriage and family therapy and marriage and family counseling practice and research, business aspects, reimbursement, record keeping, family law, confidentiality issues, and the relevant code of ethics, including the code of ethics specified by the Board; and

(3) The interface between therapist responsibility and the professional, social, and political context of treatment; and

(g) A minimum of three (3) semester hours of research, which shall include:

(1) Research in marriage and family therapy or marriage and family counseling and its application to working with couples and families; and

(2) Research methodology, quantitative and qualitative methods, statistics, data analysis, ethics, and legal considerations of conducting research, and evaluation of research.

History

• SOURCE: Final Rulemaking published at 53 DCR 7845 (September 29, 2006); as amended by Final Rulemaking published at 54 DCR 8247 (August 24, 2007); as amended by Final Rulemaking published at 62 DCR 12529 (September 18, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7702

17 DCMR § 7703 EXPERIENTIAL REQUIREMENTS

7703.1 An applicant shall furnish proof satisfactory to the Board that the applicant has completed a minimum of two (2) years of full-time post-graduate supervised clinical experience, within five (5) years of graduation, consisting of supervised clinical work experience in marriage and family therapy following completion of the first qualifying graduate degree and practicum required as part of the course of study.

7703.2 Unless good cause is shown, the post-graduate supervised clinical experience shall be completed within five (5) years after the day the first qualifying degree was conferred and the practicum completed.

7703.3 The two (2)-year post-graduate supervised clinical experience required pursuant to § 7703.1 shall meet the following requirements:

The experience shall be obtained under the supervision of a supervisor approved by the American Association for Marriage and Family Therapy (AAMFT) or a supervisor approved by the Board;

The experience shall include a minimum of two thousand (2,000) hours of supervised practice in marriage and family therapy;

The experience shall include a minimum of one thousand (1,000) hours of face-to-face direct client contact hours;

The supervisee shall not receive compensation of any nature as a marriage and family therapist, either directly or indirectly, from a client, except for salary from an employer based on hours worked under supervision;

The supervisor shall bear all responsibility for the practice by the supervisee and shall countersign all notes, documents, and correspondence;

The client shall be informed of and consent to the services being performed under supervision;

Prior to the initiation of the supervised clinical experience, the supervisor and the supervisee shall discuss and agree upon the scope of supervision, the scope of the supervised clinical experience, and the respective rights and responsibilities of the supervisor, the supervisee, and the clients;

The supervision shall be provided in the following manner:

The supervisor and the supervisee shall conduct at minimum monthly face-to-face discussions of the practice and all related matters; and

One (1) hour of direct supervisory contact shall be provided for every twenty (20) hours of direct client contact; and

The supervisee’s performance shall have been rated at least satisfactory by each supervisor.

7703.4 The Board may approve a supervisor who is not an AAMFT-approved supervisor provided that the intending supervisor meets the following requirements:

Possesses a license, in good standing, to practice marriage and family therapy, professional counseling, counseling psychology, psychiatry, or independent clinical social work in the jurisdiction in which the supervised clinical experience shall occur;

Possesses a minimum of five (5) years of clinical experience working with couples and families;

Possesses sufficient experience and/or training in supervision;

Shall not supervise more than five (5) individuals at any given time; and

If not a licensed marriage and family therapist, agrees to comply with all the statutory and regulatory requirements of marriage and family therapy practice and to ensure that the supervisee receive adequate education, training, and mentoring to understand the legal and ethical obligations in the practice of marriage and family therapy.

7703.5 An applicant for licensure who has practiced marriage and family therapy, in a jurisdiction that does not require licensure, for a period of at least five (5) years prior to the date of submission of the application shall not be required to meet the supervised clinical experience requirements under this section.

7703.6 The Board may waive any requirements of § 7703.3 and § 7703.4 where an applicant started his or her supervised clinical experience prior to June 30, 2014.

History

• SOURCE: Final Rulemaking published at 53 DCR 7845 (September 29, 2006); as amended by Final Rulemaking published at 54 DCR 8247 (August 24, 2007); as amended by Final Rulemaking published at 61 DCR 1288 (February 14, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7703

17 DCMR § 7704 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

7704.1 The Board may grant a license to practice marriage and family therapy to an applicant who completed an educational program in an educational institution in a foreign country, which is not accredited by COAMFTE if the applicant meets the following requirements:

(a) Meets all requirements of this chapter except for § 7702.1; and

(b) Demonstrates to the satisfaction of the Board that the applicant's education and training are substantially equivalent to the requirements of this subtitle and the Act in ensuring that the applicant is qualified to practice marriage and family therapy required by § 7704.2.

7704.2 An applicant under this section shall, in lieu of meeting the requirements of § 7702.1, submit with the application a certification from a private education evaluation service approved by the Board that the applicant's foreign education is substantially equivalent to the education provided in an accredited program.

7704.3 The Board may interview an applicant under this section to determine whether the applicant's education or training meets the requirements of the Act and this chapter.

7704.4 If a document required by this chapter is in a language other than English, the applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 7845 (September 29, 2006).

17 DCMR § 7705 NATIONAL EXAMINATION

7705.1 To qualify for a license, an applicant shall, in addition to meeting the requirements of § 7702 and § 7703, receive a passing score, as determined by the Board, on the standardized examination sponsored by the Association of Marital and Family Therapy Regulatory Boards.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 7845 (September 29, 2006).

17 DCMR § 7706 WAIVER OF EXAMINATION AND EDUCATION REQUIREMENTS

7706.1 The Board shall waive the examination and education requirements of this chapter for applicants licensed in an allied field who:

(a) Hold at least a Master's degree in psychology, social work, psychiatry, professional counseling, or other allied field from an institution of higher education which was accredited by an accrediting body recognized by the Secretary of the United States Department of Education or the Council on Postsecondary Accreditation, or its successor;

(b) Prove to the satisfaction of the Board that the applicant has completed at least twenty-four (24) hours of family systems theory training with such training being achieved by:

(1) Attending an accredited college course in family systems theory for one (1) semester; or

(2) Attending Board-approved workshops and seminars; or

(3) Being under the immediate supervision of a Board-approved marriage and family therapist while performing the functions of a marriage and family therapist in face-to-face contact with clients for twenty-four (24) hours;

(c) Submit a sworn statement attesting to the fact that the applicant has been performing the functions of a marriage and family therapist, as defined in section 7799, with at least seven hundred and fifty (750) hours of face-to-face contact with clients per year for at least two (2) years immediately preceding March 1, 2007 and which shall include the:

(i) Details of the nature of the practice;

(ii) Time period of practice;

(iii) Name(s) of supervisor(s) or professional colleagues, as applicable; and

(iv) Place(s) where the applicant has performed the functions of a marriage and family therapist;

(d) Submit two (2) letters of recommendation with one from an immediate supervisor who is currently supervising, or has supervised the applicant's work in marriage and family therapy, and one from a professional colleague, with both letters attesting to the fact that the applicant has been practicing as a marriage and family therapist; and

(e) Apply for licensure within two (2) years after July 1, 2007.

7706.2 Pursuant to section 7706.1, an applicant for licensure who has been in an independent, private practice full time or substantially full time continuously since March 1, 2005 may substitute two (2) letters of recommendation from professional colleagues in an allied field or in marriage and family therapy in lieu of a letter of recommendation from a supervisor.

7706.3 The Board shall waive the examination and education requirements of this chapter for an applicant unlicensed in an allied field in the District of Columbia who:

(a) Holds at least a master's degree in psychology, social work, psychiatry, professional counseling, or other allied field from an institution of higher education which was accredited by an accrediting body recognized by the Secretary of the United States Department of Education or the council on Postsecondary Accreditation or its successor, and can prove to the satisfaction of the Board that the applicant has been performing the functions of a marriage and family therapist, as defined in section 7799 with at least five hundred (500) hours per year of face-to-face contact with clients for at least five (5) years immediately preceding March 1, 2007, and

(b) Applies for licensure within two (2) years after July 1, 2007.

7706.4 An applicant unlicensed in an allied field in the District of Columbia shall submit a sworn statement that the applicant has practiced as a marriage and family therapist during the applicable time period through March 1, 2007 including the details of the nature of the practice, time period, name(s) of supervisor(s) and place(s) where the applicant has performed the functions of a marriage and family therapist.

7706.5 In addition to the requirements of section 7706.3 and section 7706.4, an applicant unlicensed in an allied field shall submit two (2) letters of recommendation with one from an immediate supervisor who is currently supervising, or has supervised the applicant's work in marriage and family therapy, and one (1) from a professional colleague, with both letters attesting to the fact that the applicant has been practicing as a marriage and family therapist.

7706.6 An applicant unlicensed in an allied field in the District of Columbia who has been in an independent, private practice full time or substantially full time continuously since March 1, 2002 may substitute two (2) letters of recommendation from professional colleagues in an allied field or in marriage and family therapy in lieu of a letter of recommendation from a supervisor.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 7845 (September 29, 2006); as amended by Final Rulemaking published at 54 DCR 8247 (August 24, 2007).

17 DCMR § 7707 CONTINUING EDUCATION REQUIREMENTS

7707.1 Except as provided in § 7707.2, this section shall apply to applicants for the renewal, reactivation, and reinstatement of a license.

7707.2 This section shall not apply to applicants for an initial license or applicants for the first renewal of a license after the initial grant.

7707.3 Continuing education credit shall be granted only for programs or activities approved by the Board in accordance with section 7708.

7707.4 To qualify for the renewal of a license, an applicant shall have completed thirty (30) hours of approved continuing education during the two (2)-year period preceding the date the license expires, subject to the following requirements:

A minimum of fifteen (15) of the thirty (30) hours shall be completed in a live, face-to-face setting that provides for direct, real-time interaction between presenter(s) and participants;

Six (6) hours of the thirty (30) hours shall be in ethics;

Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate;

Continuing education may be in current and emerging issues in marriage and family therapy such as the study of:

(1) Non-traditional families;

(2) Domestic violence;

(3) HIV;

(4) Aging;

(5) End-of-life issues;

(6) Addiction and psychopharmacology; or

(7) Trauma; and

(e) Applicants seeking the renewal of a license after December 31, 2018, shall also have completed two (2) hours of LGBTQ continuing education.

7707.5 To qualify for a license, a person in inactive status within the meaning of Section 511 of the Act (D.C. Official Code § 3-1205.11) who submits an application to reactivate a license shall have completed thirty (30) hours of approved continuing education meeting the requirements of § 7707.4 for each licensing period that the license was in inactive status.

7707.6 To qualify for a license, an applicant for reinstatement of a license to practice marriage and family therapy pursuant to Section 512 of the Act (D.C. Official Code § 3-1205.12) shall have completed fifteen (15) hours of approved continuing education for each year that the applicant was not licensed, up to a maximum of seventy-five (75) hours, provided further that the necessary continuing education shall meet the requirements of § 7707.4, as appropriate.

7707.7 An applicant for license renewal, reactivation, or reinstatement under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion, by signature or stamp.

7707.8 The Board shall accept for continuing education credit any credits or courses approved or accredited by the following organizations:

(a) The American Association for Marriage and Family Therapy (AAMFT);

(b) The National Association of Social Workers (NASW);

(c) The American Psychological Association (APA);

(d) The National Board for Certified Counselors (NBCC);

(e) The American Counseling Association (ACA); or

(f) Other state Marriage and Family Therapy boards.

7707.9 The Board may require proof of a licensee's completion of continuing education at the completion of a renewal period. A licensee shall:

(a) Maintain the required proof of completion for each continuing competence activity as specified in these regulations; and

(b) Retain documentation of a continuing competence activity for a minimum of two (2) years following the last day of the license renewal period for which the continuing competence activity was completed.

7707.10 The Board may audit up to twenty percent (20%) of the number of licensees to determine compliance with the continuing education contact hour requirements.

7707.11 Upon notification by the Board that a licensee has been selected for an audit, the licensee shall submit the required documentation within thirty (30) days of receipt of the notice.

7707.12 Licensees who fail to provide proof of continuing education compliance during an audit may be subject to an audit in the subsequent renewal cycle.

History

• SOURCE: Final Rulemaking published at 53 DCR 7845 (September 29, 2006); as amended by Final Rulemaking published at 54 DCR 8247 (August 24, 2007); as amended by Final Rulemaking published at 58 DCR 9260 (October 28, 2011); as amended by Final Rulemaking published at 61 DCR 1288 (February 14, 2014); as amended by Final Rulemaking published at 64 DCR 6627 (July 14, 2017); as amended by Final Rulemaking published at 66 DCR 6828 (June 7, 2019). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7707

17 DCMR § 7708 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

7708.1 The Board may, in its discretion, approve continuing education programs and activities that contribute to the growth of an applicant in professional competence in the practice of marriage and family therapy and that meet the other requirements of this section.

7708.2 The Board may approve the following types of continuing education if the programs or activity meets the requirement of section 7708.1:

(a) An undergraduate or graduate course given at an accredited college or university;

(b) A seminar or workshop;

(c) An educational program given at a conference;

(d) Engaging in instructional hours while serving as an instructor or speaker at an institution of higher learning, conference, seminar, workshop, or in-service training;

(e) Professional writing, excluding reprints or republications of previously published materials, published within the two (2) years prior to the license renewal date, which consist of articles or books that meet the following requirements:

(1) Journal articles shall be published in professional journals; and

(2) Chapters authored in books acceptable under this section;

(f) Participation in research as a principal investigator or research assistant; and

(g) Informal study or a home study program (documented by title, author, name of topic, time spent, written summary, and date(s) completed) carried out individually that is approved by the Board.

7708.3 A continuing education program shall meet all of the following requirements:

(a) Be current in its subject matter and taught by qualified individuals;

(b) Be approved by the Board; and

(c) Meet one of the following requirements:

(1) Be administered or approved by a health care organization, accredited health care facility, or accredited college or university; or

(2) Be submitted by the program sponsors to the Board for review no less than sixty (60) days prior to the date of the presentation and be approved by the Board.

7708.4 The Board may issue and update a list of approved continuing education programs or providers.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 7845 (September 29, 2006); as amended by Final Rulemaking published at 54 DCR 8247 (August 24, 2007).

17 DCMR § 7709 UNAPPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

7709.1 Continuing education credit shall not be granted for the following:

(a) Organizational activity such as serving on committees or councils or as an officer in a professional organization;

(b) Meetings or activities such as in-service programs which are required as part of one's job; and

(c) Continuing education activity completed before the two (2) year period for which the continuing education credit is submitted.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 7845 (September 29, 2006); as amended by Final Rulemaking published at 54 DCR 8247 (August 24, 2007).

17 DCMR § 7710 CONTINUING EDUCATION CREDITS

7710.1 Professional research and writing conducted pursuant to section 7708.2 (e) or (f) shall account for a total of no more than ten (10) of the thirty (30) continuing education units required.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 7845 (September 29, 2006); as amended by Final Rulemaking published at 54 DCR 8247 (August 24, 2007).

17 DCMR § 7711 LICENSURE BY ENDORSEMENT

7711.1 The Board shall issue a license to a marriage and family therapist who has a valid unrestricted license from another jurisdiction of the United States or Canada if:

(a) That person, when granted the license, met all requirements contained in section 7702.1 through section 7704.4 and any applicable Board rules; or

(b) The requirements of the other jurisdiction are, at the time of the application, substantially equivalent to the requirements of this chapter.

History

• SOURCE: As amended by Final Rulemaking published at 53 DCR 7845 (September 29, 2006); as amended by Final Rulemaking published at 54 DCR 8247 (August 24, 2007).

17 DCMR § 7712 PRACTICE OF MARRIAGE AND FAMILY THERAPY BY STUDENT, GRADUATES, AND FIRST-TIME APPLICANTS

7712.1 This section shall apply to the following:

(a) Students enrolled in recognized schools or colleges as candidates for a degree in marriage and family therapy, or enrolled in a college course pertaining to marriage and family therapy;

(b) Applicants for a license whose application for a license in the District of Columbia is pending; and

(c) Graduates of a master or doctoral program meeting the requirement of § 7702.1 who are meeting the supervised clinical experience requirements of Section 7703.

7712.2 A student, graduate, or applicant described in § 7712.1 may perform actions which require a license as a marriage and family therapist only in accordance with the Act and this section.

7712.3 A student, graduate, or applicant described in § 7712.1 may practice marriage and family therapy in the District under supervision of a marriage and family therapist licensed in the District who is an AAMFT-approved supervisor or a marriage and family therapist, a professional counselor, a clinical psychologist, a psychiatrist, or an independent clinical social worker licensed in the District of Columbia, provided that a supervisor who is not an AAMFT-approved supervisor shall first obtain the Board’s approval for supervision.

7712.4 A first-time applicant practicing marriage and family therapy pursuant to Subsection 7712.1(b) who fails the national examination administered by the Association of Marital and Family Therapy Regulatory Boards shall cease practicing marriage and family therapy under supervision until such time as a marriage and family therapy license is duly issued to that individual.

7712.5 A supervisor of a student, graduate, or applicant practicing under this section shall be responsible for the actions performed or care provided by the supervisee during the time of the supervision and is subject to disciplinary action for any violation of the Act or this chapter by the supervisee.

7712.6 A supervisor shall review and co-sign any documentation relating to the cases and the practice written or produced by the supervisee.

7712.7 The Board may deny an application for a license from an applicant who is found to have violated the Act or this chapter.

7712.8 An unlicensed marriage and family therapist shall identify himself or herself as such at all times when practicing marriage and family therapy and shall provide a professional disclosure statement, as determined by the Board, to all clients and other individuals involved in such practice.

7712.9 An unlicensed marriage and family therapist shall not receive compensation of any nature as a marriage and family therapist, either directly or indirectly from a client, except for a salary from an employer based on hours worked under supervision.

7712.10 A licensed marriage and family therapist, a licensed professional counselor, a licensed clinical psychologist, a licensed psychiatrist, or a licensed independent clinical social worker may be approved to provide supervision only under these terms:

The supervisor shall have been licensed in good standing in the District of Columbia and shall have a minimum of five (5) years of clinical experience providing services to couples and families;

The supervisor shall not have been subject to a disciplinary action in any jurisdiction within the 5 years prior to the initiation of the supervision;

Except as provided in § 7712.12 and § 7712.13, prior to the initiation of the supervision, the supervisor shall have completed a minimum of 6 hours of board-approved supervision course(s), a minimum of three (3) hours of which shall be obtained in a live, interactive, in-person, face-to-face setting;

Once approved to provide supervision, a supervisor may continue to be approved as a supervisor in subsequent licensure period(s) if, during each renewal period, he or she completes a minimum of 6 hours of board-approved supervision course(s), at least three (3) hours of which shall be obtained in a live, interactive, in-person, face-to-face setting;

The supervisor shall not supervise more than five (5) individuals at any given time;

If not a licensed marriage and family therapist, the supervisor shall agree to comply with all the statutory and regulatory requirements governing the practice of marriage and family therapy and ensure that the supervisee receive adequate education, training, and mentoring to understand the legal and ethical obligations in the practice of marriage and family therapy; and

7712.11 A supervisor for supervised clinical experience shall provide supervision in accordance with § 7703.3 and shall comply with all supervision documentation as required by the Board.

7712.12 A supervisor who has been approved by the Board during any licensure period may supervise additional students, graduates, or applicants under this section without having to submit a new request for approval, provided that he or she continues to meet the requirements of § 7712.10.

7712.13 A supervisor approved by the Board during any licensure period may continue to be approved as supervisor for the next licensure period by submitting a request with an attestation or documentation as required by the Board.

7712.14 A supervisor may not supervise an individual with whom he or she has a familial, social, or financial relationship that may create a conflict of interests.

7712.15 A supervisor shall provide supervision, training, and mentoring as appropriate to the supervisee’s level of competence and ability and shall periodically observe the supervisee’s performance providing services to clients.

7712.16 A supervisor shall:

Establish a written contract for supervision initiated before beginning supervision;

Determine the skill level at which the supervisee may practice;

Focus on raw data from the supervisee’s practice;

Maintain documentation of supervisory sessions for at least three (3) years, including dates, duration, and focus of the supervisory sessions;

Ensure that a supervisee has read and is knowledgeable about the District’s laws and regulations governing the practice of marriage and family therapy;

Be responsible for the clinical professional practices of supervisees;

Provide for emergency supervision and direction to a supervisee by a Board-approved supervisor, in the event the supervisor is not available;

Provide a written evaluation of the supervisee’s progress to the supervisee every 3 months;

Inform the Board in writing when there is any material change in the supervision or the supervisory relationship no later than ten (10) days following such a change; and

Provide a copy of the documentation of supervision:

On request, by the supervisee; or

On request, by the Board or its authorized agent.

7712.17 A supervisee shall:

Verify, through the exercise of due diligence prior to the initiation of the supervision, that:

(1) The supervisee’s supervisor has been approved by the Board; and

(2) There is a written contract for supervision;

Attend and participate in supervision as agreed in the written contract for supervision;

Prepare for supervision using case materials related to the supervisee’s clinical counseling practice; and

Maintain documentation of supervisory sessions for at least three (3) years, including dates, duration, and focus of the supervision, to be available for verification to the Board, on request by the Board or its authorized agent.

Not engage in the practice of clinical marriage and family therapy independent of supervision.

Provide the client with a copy of a professional disclosure statement that:

(1) Clearly states the counseling services are provided under clinical supervision; and

(2) Provides the name of the supervisor with address and contact information;

Inform the Board in writing when there is any material change in the supervision or the supervisory relationship no later than ten (10) days following such a change; and

Obtain a signed release of information and informed consent for treatment form from the client which indicates that the client:

(1) Is aware that counseling services are being provided under clinical supervision;

(2) Consents to the recording of counseling sessions with the knowledge that the recording may be shared with and be limited to the supervisor; and

(3) Consents to the sharing of client information between the unlicensed marriage and family therapist and the named clinical supervisor.

7712.18 The Board may, at its discretion, waive certain requirements of § 7703.3 and § 7712.11 where an applicant started his or her supervised clinical practice prior to June 30, 2014.

History

• SOURCE: Final Rulemaking published at 53 DCR 7845 (September 29, 2006); as amended by Final Rulemaking published at 54 DCR 8247 (August 24, 2007); as amended by Final Rulemaking published at 61 DCR 1288 (February 14, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7712

17 DCMR § 7713 STANDARDS OF CONDUCT

7713.1 Any holder of a license under this chapter or any person authorized to practice marriage and family therapy under this chapter shall comply with the standards of ethical and professional conduct established by the AAMFT as they may be amended or republished from time to time.

7713.2 A marriage and family therapist shall provide an informed consent form, signed by both parties, which shall notify the client of his or her rights and the risks involved during the therapy.

7713.3 The following documentation shall be maintained for each session between a marriage and family therapist, student, graduate, or applicant and the client:

(a) The name of person or persons present;

(b) The date of the session;

(c) The times the session began and ended;

(d) The issues presented (including assessment and history as appropriate);

(e) The risks presented; and

(f) The risks assessed.

History

• SOURCE: As amended by Final Rulemaking published at 54 DCR 8247 (August 24, 2007).

17 DCMR § 7799 DEFINITIONS

7799.1 As used in this chapter, the following terms shall have the meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code §§ 3-1201 et seq. (2016 Repl.)).

AAMFT-approved supervisor – a marriage and family therapist who holds a designation of Approved Supervisor from the American Association for Marriage and Family Therapy.

Allied Field - academic study in, or performing the professional functions associated with, psychology, social work, psychiatry, professional counseling, or other comparable mental health profession.

Applicant - a person applying for a license to practice marriage and family therapy or applying for renewal of a license under this chapter.

Board - the Board of Marriage and Family Therapy, established by Section 217 of the Act, as amended by the Marriage and Family Therapy Amendment Act of 2003, effective March 10, 2004 (D.C. Law 15-88; D.C. Official Code § 3-1202.17).

Direct supervisory contact – in-person, face-to-face meeting between a supervisor and a supervisee for the purposes of discussing cases and the practice as well as providing guidance, review, instructions, and all aspects of supervision.

Director – The Director of the Department of Health, or the Director’s designee.

Face-to-face direct client contact – provision of direct marriage and family therapy services to clients in a live, in-person, face-to-face setting.

Immediate supervision – face-to-face supervision in which an approved marriage and family therapist, psychologist, psychiatrist, licensed independent clinical social worker, licensed professional counselor, or advance practice nurse is either discussing or observing the supervisee’s practice.

Instructional hours - the amount of time spent in actual presentation excluding preparation hours.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of section 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

Marriage and family therapist - a person licensed to practice marriage and family therapy under the Act.

Professional disclosure statement – a statement stating that the marriage and family therapy services will be or are being provided by an unlicensed marriage and family therapist under supervision.

Supervised clinical experience – practice of marriage and family therapy by a graduate or first-time applicant for a license, performed without a license and under supervision of an AAMFT-approved supervisor or a supervisor approved by the Board in order to meet the experiential requirements pursuant to § 7703.

Unlicensed marriage and family therapist - a person who has completed the educational requirements for a degree in marriage and family therapy but has not met the clinical requirements for licensure and is engaged in the practice of marriage and family therapy pursuant to § 7712.

History

• SOURCE: Final Rulemaking published at 53 DCR 7845 (September 29, 2006); as amended by Final Rulemaking published at 54 DCR 8247 (August 24, 2007); as amended by Final Rulemaking published at 61 DCR 1288 (February 14, 2014); as amended by Final Rulemaking published at 64 DCR 6627 (July 14, 2017); as amended by Final Rulemaking published at 66 DCR 6828 (June 7, 2019). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 7799

17-78 AUDIOLOGY

17 DCMR § 7800 GENERAL PROVISIONS

7800.1 This chapter shall apply to applicants for and holders of a license to practice audiology.

7800.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 101 (Audiology Assistants) of this title shall supplement this chapter.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 4336, 4337 (May 20, 2011); as amended by Notice of Final Rulemaking published at 65 DCR 00169 (January 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7800

17 DCMR § 7801 TERM OF LICENSE

7801.1 Subject to subsection 7801.2, a license issued pursuant to this chapter shall expire at midnight of December 31 of each even-numbered year.

7801.2 The Director may change the renewal system and the expiration dates of licenses issued pursuant to this chapter pursuant to subsection 4006.3.

History

• Source: Notice of Final Rulemaking published at 58 DCR 4336, 4337 (May 20, 2011).

17 DCMR § 7802 LICENSURE REQUIREMENTS

7802.1 Except as otherwise provided in this chapter, an applicant for a license to practice audiology shall furnish proof satisfactory to the Board that the applicant:

(a) Graduated with a Master’s degree or a Doctoral degree (Ph.D. or Au.D.) in audiology from a recognized educational institution whose audiology program is accredited by the Council on Academic Accreditation in Audiology and Speech Language Pathology, an accrediting body recognized by the United States Department of Education, or an equivalent accrediting body as determined by the Board;

(b) Passed a qualifying examination that meets the requirements set forth in section 7806; and

(c) Completed a period of supervised experience that meets the requirements set forth in section 7803.

History

• Source: Notice of Final Rulemaking published at 58 DCR 4336, 4337 (May 20, 2011).

17 DCMR § 7803 SUPERVISED EXPERIENCE REQUIREMENTS

7803.1 In order to satisfy the supervised experience requirement of subsection 7802.1(c) a person must meet one (1) of the following standards:

(a) The person shall have completed the equivalent of a clinical fellowship with a minimum of one thousand eight hundred twenty (1820) hours of clinical practice under general supervision while a candidate for an Au.D. degree; or

(b) Each of the following:

(1) The person shall have graduated with a Master’s degree or Ph.D. degree meeting the requirements set forth in section 7802.1(a) before the start of the supervised experience; and

(2) The person shall have commenced a clinical fellowship, meeting the time period/works hours and supervised activities standards set forth in subsections 7803.2 and 7803.3, within two (2) years after the date of conferral of the Master’s or Ph.D. degree and shall have completed the clinical fellowship within three and a half (3½) years after the date of the conferral of the degree; provided, the Board may extend the period required for completion of the clinical fellowship for good cause shown.

7803.2 To meet the clinical fellowship time period and work hours requirement referenced in subsection 7803.1(b)(2), the applicant shall be employed, with or without direct compensation, as a professional in the field of audiology under general supervision for any of the following time periods and hours:

(a) Thirty (30) hours of work per week for a period of nine (9) months;

(b) Twenty five (25) to twenty-nine (29) hours of work per week for a period of twelve (12) months;

(c) Twenty (20) to twenty-four (24) hours of work per week for a period of fifteen (15) months; or

(d) Fifteen (15) to nineteen (19) hours of work per week for a period of eighteen (18) months.

7803.3 To meet the clinical fellowship supervised activities requirement referenced in subsection 7803.1(b)(2):

(a) At least eighty percent (80%) of the supervisee’s supervised experience shall be in direct client contact, which includes the following:

(1) Assessment, diagnosis, evaluation, and treatment;

(2) Screening;

(3) Habilitation and rehabilitation; and

(4) Activities related to case management.

(b) The remaining percentage of the supervisee’s supervised experience shall be comprised of supervised activities such as writing, research, or planning.

(c) The activities during the supervised experience shall consist of the following:

(1) Conducting evaluations and treatment procedures;

(2) Interpreting test results;

(3) Determining case selections;

(4) Designing treatment programs;

(5) Collecting data and documenting performance;

(6) Maintaining clinical records;

(7) Providing written or oral reports (progress notes, diagnostic reports) regarding clients’ statuses;

(8) Making referrals; and

(9) Participating in case conferences.

An individual serving as a supervisor for the supervised experience requirement shall:

Hold either a District of Columbia license in audiology, a license issued by another jurisdiction with requirements substantially similar to the licensure requirements in the District, or, for states that do not require licensure, a Certificate of Clinical Competence from the American Speech-Language Hearing Association in audiology or a board certification from the American Board of Audiology;

Have been in practice for a minimum of two (2) years after his or her licensure or certification;

Not supervise more than three (3) individuals at one (1) time;

Not have been disciplined by a board within the previous five (5) years; and

Provide a minimum of thirty-six (36) hours of supervisory activities during the supervised experience, including a minimum of two (2) hours of monitoring activities, each month.

7803.5 An individual serving as a supervisor in the District shall be legally responsible for services provided by the supervisee.

7803.6 An applicant shall demonstrate that he or she has met the requirements of subsections 7803.2-7803.3 by submitting with his or her application a signed statement from each supervisor who supervised the applicant during the required period of experience. Each statement shall set forth the following:

(a) The number of hours per week of the applicant’s practice of audiology;

(b) The number of hours of general supervision of the applicant;

(c) The specific nature of, and responsibilities included in, the applicant’s practice;

(d) A rating of the applicant’s performance;

(e) The location at which, and period(s) of time during which, the supervision took place; and

(f) The license number and jurisdiction in which the supervisor was licensed during the supervised period or proof that the supervisor has a Certificate of Clinical Competence from the American Speech-Language Hearing Association or board certification from the American Board of Audiology if the supervised experience took place in a state that does not require licensure of audiologists.

7803.7 The Board may accept successful completion of the clinical fellowship required for the American Speech-Language-Hearing Association Certificate of Clinical Competence or American Board of Audiology certification as meeting the requirements for supervised experience.

History

• Source: Notice of Final Rulemaking published at 58 DCR 4336, 4337 (May 20, 2011).

17 DCMR § 7804 WAIVER OF SUPERVISED EXPERIENCE REQUIREMENTS

7804.1 The Board may waive the supervised experience requirements for an applicant who:

(a) Provides proof that he or she has been employed in the practice of audiology for at least ten (10) of the fifteen (15) years immediately preceding the effective date of this chapter;

(b) Meets all other applicable requirements of this chapter; and

(c) Applies within six (6) months of the effective date of these regulations.

History

• Source: Notice of Final Rulemaking published at 58 DCR 4336, 4340 (May 20, 2011).

17 DCMR § 7805 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

7805.1 The Board may grant a license to practice audiology to an applicant who completed an educational program in a college or university in a foreign country which was not accredited in accordance with section 7802 if the applicant:

(a) Meets all requirements of this chapter except for § 7802.1(a); and

(b) Demonstrates to the satisfaction of the board that the applicant’s education and training are substantially equivalent to the requirements of this chapter and the Act by submitting the documentation required by § 7805.2 of this section and, if applicable, by submitting to an interview pursuant to § 7805.3.

7805.2 An applicant under this section shall, in lieu of meeting the requirements of subsection 7802.1(a), submit one (1) of the following:

(a) Proof satisfactory to the Board that the applicant has received a Master’s degree or higher from a foreign institution which was accredited, at the time the degree was conferred, by an accrediting body recognized by the national government of the country in which the institution is located; or

(b) A certification from a private education evaluation service approved by the Board that the applicant’s foreign education is substantially equivalent to the education provided in an audiology program accredited by the Council on Academic Accreditation in Audiology and Speech Language Pathology or an accrediting body recognized by the United States Department of Education or the Board.

7805.3 The Board may interview an applicant under this section to determine whether the applicant’s education or training meets the requirements of the Act and this chapter.

7805.4 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• Source: Notice of Final Rulemaking published at 58 DCR 4336, 4341 (May 20, 2011).

17 DCMR § 7806 LICENSE BY EXAMINATION

7806 LICENSE BY EXAMINATION

7806.1 To qualify for a license by examination, an applicant for a license to practice audiology shall submit proof of having obtained a passing score on the National Examination in Audiology (PRAXIS II: Subject Assessment in Audiology) as determined by the Education Testing Service (ETS), and shall meet one (1) of the following requirements:

(a) The score was obtained within the five (5) years before the date of the application for licensure; or

(b) Each of the following:

(1) The score was obtained more than five (5) years before the date of the application for licensure;

(2) The applicant submits proof that he or she has practiced audiology for at least three (3) years of the five (5) years before the date of the application for licensure; and

(3) The applicant submits proof that he or she is certified by the American Speech-Language-Hearing Association or the American Board of Audiology or proof that the applicant obtained a passing score on the National Examination in Audiology.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 4336, 4342 (May 20, 2011); as amended by Final Rulemaking published at 59 DCR 8530 (July 20, 2012).

17 DCMR § 7807 LICENSURE BY ENDORSEMENT

7807.1 The Board may issue a license by endorsement to an audiologist who has a valid, unrestricted license in good standing from another jurisdiction of the United States with standards which are, as determined by the Board, substantially equivalent to the District of Columbia standards for licensure.

History

• Source: Notice of Final Rulemaking published at 58 DCR 4336, 4342 (May 20, 2011).

17 DCMR § 7808 CONTINUING EDUCATION REQUIREMENTS

7808.1 This section shall apply to applicants for a renewal, reinstatement, or reactivation of a license and shall not apply to applicants for an initial license or applicants seeking the renewal of a license for the first time after the initial grant of the license.

7808.2 To qualify for the renewal of a license, an applicant shall have completed, during the two (2)-year period preceding the date the license expires, twenty (20) hours of approved continuing education, which shall include the following:

(a) One (1) hour of ethics;

(b) Two (2) hours of LGBTQ continuing education; and

(c) Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

7808.3 Notwithstanding the requirement of §§ 7808.2 and 7906.2 of chapter 79 of this title, an applicant for dual licensure renewal may qualify for the renewal of both licenses by completing thirty (30) hours of approved continuing education during the two (2) year-period preceding the date the licenses expire, which shall include:

(a) One (1) hour of ethics;

(b) Two (2) hours of LGBTQ continuing education;

(c) Five (5) hours of each of the audiology and speech-language pathology disciplines; and

(d) Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

7808.4 To qualify for the reinstatement of a license, an applicant shall have completed twenty (20) hours of continuing education described in § 7808.2 during the two (2) years preceding the submission of the reinstatement application.

7808.5 To be eligible for the reactivation of a license in accordance with D.C. Official Code § 3-1205.11(c), the following applicants shall be deemed to meet the requirement of D.C. Official Code § 3-1205.11(c)(2):

(a) An applicant who has been actively and lawfully practicing audiology in another jurisdiction or territory of the United States;

(b) An applicant who has not been actively and lawfully practicing audiology in another jurisdiction or territory of the United States, seeks the reactivation of the license five (5) years or less after the last expiration of the license, and has completed twenty (20) hours of continuing education described in § 7808.2 during the two (2) years preceding the submission of the reactivation application; or

(c) An applicant who has not been actively and lawfully practicing audiology in another jurisdiction or territory of the United States and seeks the reactivation of the license more than five (5) years after the last expiration of the license who can demonstrate his or her current competency to the Board’s satisfaction.

7808.6 The Board may periodically conduct a random audit of at least ten percent (10%) of its active licensees to determine continuing education compliance. Any licensee selected for the audit shall provide proof of his or her continuing education compliance to the Board within thirty (30) days of receiving notification of the audit.

History

• SOURCE: Final Rulemaking published at 58 DCR 4336, 4342 (May 20, 2011); as amended by Final Rulemaking published at 59 DCR 8530, 8531 (July 20, 2012); as amended by Final Rulemaking published at 61 DCR 1958 (March 7, 2014); as amended by Notice of Final Rulemaking published at 65 DCR 00169 (January 12, 2018); as amended by Final Rulemaking published at 66 DCR 10213 (August 9, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7808

17 DCMR § 7809 CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

7809.1 A continuing education hour shall be valid and granted credit only if it is part of a program or activity approved by the Board as a program or activity that contributes to the growth of professional competence in the practice of audiology or speech-language pathology, is current in its subject matter, and is developed and taught or conducted by qualified individual(s).

7809.2 Subject to § 7809.1, the Board may grant continuing education credit for programs or activities offered or sponsored by the following organizations:

(a) The Speech-Language Hearing Association of the District of Columbia or similar speech-language hearing association of another state;

(b) The American Academy of Audiology;

(c) The American Speech-Language Hearing Association (ASHA) and its approved continuing education providers;

(d) An accredited provider of The Accreditation Council on Continuing Medical Education of the American Medical Association offering Category I continuing medical education;

(e) The International Association of Continuing Education and Training (IACET) and its authorized providers;

(f) A health care organization accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO); or

(g) The International Hearing Society.

7809.3 Subject to § 7809.1, the Board may grant continuing education credit for the following activities:

(a) Attendance and completion of:

(1) A course given at an accredited college or university;

(2) A seminar or workshop;

(3) An educational program given at a conference; or

(4) An in-service training;

(b) Serving as a presenter or speaker at a conference, seminar, workshop, or in- service training; or

(c) Publishing an article related to audiology or speech-language pathology in a professional journal or authoring or co-authoring a book, a chapter in a book or a book review related to audiology or speech-language pathology.

7809.4 The Board shall not grant credit for work done in the course of a requestor’s normal occupation or incident to the performance of his or her regular duties, such as teaching courses, research, or course preparation in the case of a teacher or professor.

7809.5 A requestor shall have the burden of verifying whether a program or activity is approved by the Board.

7809.6 Satisfactory proof of completion of a seminar, a workshop, or an educational program given at a conference or an in-service training shall include:

(a) The name and address of the provider of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the course provider or accreditor of completion, which for a course provider shall be by signature or stamp, and for an accreditor shall be by an official transcript.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 4336, 4342 (May 20, 2011); as amended by Final Rulemaking published at 59 DCR 8530, 8532 (July 20, 2012); as amended by Notice of Final Rulemaking published at 65 DCR 00169 (January 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7809

17 DCMR § 7810 CONTINUING EDUCATION CREDITS

7810.1 For the purposes of this chapter, one (1) continuing education hour shall mean sixty (60) minutes of learning time.

7810.2 The Board may grant ten (10) continuing education hours for completion of each credit hour of an academic course offered at an accredited college or university provided that the continuing education credit may only be granted for courses completed during the licensure cycle for which credit is claimed.

7810.3 The Board may grant two (2) continuing education hours for the audit of a three (3)-credit-hour academic course offered at an accredited college or university.

7810.4 A requestor may receive a maximum of six (6) continuing education hours for attendance and completion of in-service training programs.

7810.5 The Board may grant credit for serving as a presenter or speaker at a conference, seminar, workshop, or in- service training, subject to the following restrictions:

(a) Hours granted pursuant to this section shall not exceed six (6) hours per licensure cycle;

(b) If a requestor has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject;

(c) The presentation was completed during the licensure cycle for which credit is claimed; and

(d) The maximum amount of credit which may be granted for preparation time is twice the amount of the associated presentation time or twice the amount of contact hours awarded to the participants.

7810.6 The Board may grant credit for publication of an article related to audiology or speech-language pathology in a professional journal or publication of a book, a chapter in a book, or a book review related to audiology or speech-language pathology, subject to the following restrictions as relevant:

(a) The Board may grant up to eight (8) continuing education hours per licensure cycle to the author or sole editor of a published book if the book was published or accepted for publication during the period for which credit is claimed;

(b) The Board may grant four (4) continuing education hours per licensure cycle to the sole author or a co-author of a peer-reviewed, published original paper; or

(c) The Board may grant one (1) continuing education hour per licensure cycle to the sole author of a published book review.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 4336, 4342 (May 20, 2011); as amended by Final Rulemaking published at 59 DCR 8530, 8534 (July 20, 2012); as amended by Notice of Final Rulemaking published at 65 DCR 00169 (January 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7810

17 DCMR § 7811 SUPERVISION OF AUDIOLOGY ASSISTANTS

7811.1 An audiologist licensed under this chapter may qualify to supervise an audiology assistant only if he or she meets the requirements of § 10105.2.

7811.2 A supervising audiologist shall supervise audiology assistants in accordance with §§ 10105 and 10106.

7811.3 A supervising audiologist shall retain full professional and ethical responsibility for the professional conduct and performance of the audiology assistant and shall delegate duties only as commensurate with the training, experience, and ability of the audiology assistant and within the scope of lawful practice pursuant to chapter 101 of this title.

7811.4 A supervising audiologist shall ensure that an audiology assistant under his or her supervision is duly registered and authorized to practice.

History

• SOURCE: Notice of Final Rulemaking published at 65 DCR 00169 (January 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7811

17 DCMR § 7812 PRACTICE OF AUDIOLOGY BY GRADUATE STUDENTS

7812.1 A graduate student in audiology may practice audiology in the District if:

(a) The practice is part of an audiology educational program; and

(b) The graduate student practices only under the direct supervision of an audiologist licensed in the District of Columbia.

7812.2 This section shall not apply to an Au.D. student who is completing his or her one thousand eight hundred and twenty (1820) hours of supervised experience.

7812.3 A graduate student practicing audiology pursuant to this section shall identify himself or herself as a graduate student practicing under supervision at all times when practicing audiology.

7812.4 An individual serving as a supervisor for a graduate student in the District:

(a) Shall hold a valid District of Columbia license in audiology: and

(b) May not have been disciplined by a board within the previous five (5) years.

7812.5 Both the supervisor and the graduate student shall sign reports with their full name and credentials.

7812.6 A student may sign only with the highest degree earned.

7812.7 The title or designation of “graduate student” shall be placed after the student’s name in the report.

7812.8 If electronic records only accept one (1) signature, the supervisor shall sign the electronic record.

7812.9 A supervisor shall not supervise more than two (2) full-time students per day in off-site placements from a university.

78l2.10 A supervisor shall be personally responsible for each client the student evaluates and treats during the period of supervision and shall be subject to disciplinary action for any violation of the Act or this chapter by the student

History

• Source: Notice of Final Rulemaking published at 58 DCR 4336, 4343 (May 20, 2011).

17 DCMR § 7813 STANDARDS OF CONDUCT

7813.1 A licensee or graduate student practicing audiology shall adhere to the standards set forth in either the then-current Code of Ethics of the American Speech-Language-Hearing Association or the then-current Code of Ethics for the American Academy of Audiology.

History

• Source: Notice of Final Rulemaking published at 58 DCR 4336, 4343 (May 20, 2011).

17 DCMR § 7899 DEFINITIONS

7899.1 As used in this chapter, the following terms shall have the meanings ascribed:

Approved continuing education – A continuing education program or activity that meets the requirements of § 7809.

Au.D. – Doctor of Audiology.

Board – the Board of Audiology and Speech-Language Pathology, established by Section 841 of the Audiology and Speech-Language Pathology Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-219; D.C. Official Code § 3-1208.41 (2012 Repl.)).

Direct supervision – supervision in which the supervisor is immediately available on the premises to the supervisee and within vocal communication of the supervisee either directly or by a communication device.

Director - the Director of the Department of Health, or the Director’s designee.

Dual licensure renewal – renewal of both an audiology and a speech-language pathology license in the District of Columbia, within the same renewal period.

General supervision – supervision in which the supervisor is available to the person supervised, either in person or by a communication device.

Good cause – serious illness of the applicant, the death or serious illness of a member of the applicant’s immediate family, or other cause sufficient to the Board.

LGBTQ continuing education – continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5).

Licensure cycle – a two-year period between the January 1 of each odd-numbered year and December 31 of each even-numbered year during which a license issued pursuant to this chapter is valid in accordance with § 7801.1.

Ph.D. – Doctor of Philosophy in Audiology.

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

Reinstatement – The reinstatement of a license in accordance with D.C. Official Code § 3-1205.12.

Requestor – a person seeking continuing education credits.

Supervised experience – the clinical fellowship year required for applicants for licensure with a Master’s degree or Ph.D. degree, or the period of supervised practice during an Au.D. program.

Supervisor – an audiologist who is qualified under § 7803.7 and who is providing general supervision to an individual completing the supervised experience requirements in § 7803, or an audiologist qualified under § 7812.9 who is providing direct supervision to a graduate student under § 7812.

Supervisee – an individual who is completing the supervised experience requirements.

Valid continuing education – continuing education approved and granted continuing education credit by the Board in accordance with §§ 7909 and 7910.

7899.2 The definitions in § 4099 of chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 4336, 4343 (May 20, 2011); as amended by Final Rulemaking published at 61 DCR 1958 (March 7, 2014); as amended by Notice of Final Rulemaking published at 65 DCR 00169 (January 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7899

17-79 SPEECH-LANGUAGE PATHOLOGY

17 DCMR § 7900 GENERAL PROVISIONS

7900.1 This chapter shall apply to applicants for and holders of a license to practice speech-language pathology.

7900.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), 84 (Speech-Language Pathology Clinical Fellows), and 102 (Speech-Language Pathology Assistants) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009); as amended by Notice of Final Rulemaking published at 65 DCR 00177 (January 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7900

17 DCMR § 7901 TERM OF LICENSE

7901.1 Subject to § 7901.2, a license issued pursuant to this chapter shall expire at

12:00 midnight of December 31st of each even-numbered year.

If the Director changes the renewal system pursuant to § 4006.3 of chapter

40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight on the last day of the month of the birth of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009).

17 DCMR § 7902 EDUCATIONAL REQUIREMENTS

7902.1 To qualify for a license under this chapter, an applicant shall have graduated with a Master’s or Doctoral Degree in speech-language pathology from a recognized educational institution whose speech-language pathology program is accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology or an equivalent accrediting body as determined by the Board.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009); as amended by Notice of Final Rulemaking published at 65 DCR 00177 (January 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7902

17 DCMR § 7903 CLINICAL FELLOWSHIP REQUIREMENTS

7903.1 To qualify for a license under this chapter, an applicant shall have completed a clinical fellowship meeting the requirements of Chapter 84 (Speech-Language Pathology Clinical Fellows) of this title.

7903.2 The Board may accept completion of the clinical fellowship required for the American Speech-Language-Hearing Association (ASHA) Certificate of Clinical Competence as meeting the requirements for clinical fellowship in this chapter under § 7903.1.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009); as amended by Final Rulemaking published at 60 DCR 14806 (October 18, 2013); as amended by Notice of Final Rulemaking published at 65 DCR 00177 (January 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7903

17 DCMR § 7904 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

The Board may grant a license to practice speech-language pathology to an applicant who completed an educational program in a college or university in a foreign country which was not accredited in accordance with § 7902 if the applicant meets the following requirements:

Meets all requirements of this chapter except for § 7902.1; and

(b) Demonstrates to the satisfaction of the Board that the applicant’s education and training are substantially equivalent to the requirements of this chapter and the Act that the applicant is qualified to practice speech-language pathology by submitting documentation required by § 7904.2 of this section.

An applicant under this section shall, in lieu of meeting the requirements of § 7902.1, submit one of the following:

Proof satisfactory to the Board that the applicant has received a Master’s degree or higher from a foreign institution which was accredited, at the time the degree was conferred, by an accrediting body recognized by the national government of the country in which the institution is located; or

A certification from a private education evaluation service approved by the Board that the applicant’s foreign education is substantially equivalent to the education provided in an accredited program.

The Board may interview an applicant under this section to determine whether the applicant’s education or training meets the requirements of the Act and this chapter.

If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009).

17 DCMR § 7905 NATIONAL EXAMINATION

To qualify for a license by examination, an applicant shall submit proof of having obtained a score of 600 on the National Examination in Speech-Language Pathology (PRAXIS II: Subject Assessment in Speech-Language Pathology) within the five (5) years before applying for licensure.

7905.2 If an applicant for licensure took the National Examination in Speech-Language Pathology more than 5 years ago, the applicant shall submit the following:

Proof that the applicant has practiced speech-language pathology for a total of three (3) years of the five (5) years before applying for licensure, and

Proof of American Speech-Language-Hearing Association certification or that the applicant obtained a score of 600 on the National Examination in Speech-Language Pathology.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009).

17 DCMR § 7906 CONTINUING EDUCATION REQUIREMENTS

7906.1 This section shall apply to applicants for a renewal, reinstatement, or reactivation of a license and shall not apply to applicants for an initial license or applicants seeking the renewal of a license for the first time after the initial grant of the license.

7906.2 To qualify for the renewal of a license, an applicant shall have completed, during the two (2)-year period preceding the date the license expires, twenty (20) hours of approved continuing education, which shall include the following:

(a) One (1) hour of ethics;

(b) Two (2) hours of LGBTQ continuing education; and

(c) Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

7906.3 Notwithstanding the requirement of §§ 7906.2 and 7808.2 of Chapter 78 of this title, an applicant for dual licensure renewal may qualify for the renewal of both licenses by completing thirty (30) hours of approved continuing education during the two (2) year-period preceding the date the licenses expire, which shall include:

(a) One (1) hour of ethics;

(b) Two (2) hours of LGBTQ continuing education;

(c) Five (5) hours of each of the audiology and speech-language pathology disciplines; and

(d) Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

7906.4 To qualify for the reinstatement of a license, an applicant shall have completed twenty (20) hours of continuing education described in § 7906.2 during the two (2) years preceding the submission of the reinstatement application.

7906.5 To qualify for the reactivation of a license in accordance with D.C. Official Code § 3-1205.11(c), the following applicants shall be deemed to meet the requirement of D.C. Official Code § 3-1205.11(c)(2):

(a) An applicant who has been actively and lawfully practicing speech-language pathology in another jurisdiction or territory of the United States;

(b) An applicant who has not been actively and lawfully practicing speech-language pathology in another jurisdiction or territory of the United States, seeks the reactivation of the license five (5) years or less after the last expiration of the license, and has completed twenty (20) hours of continuing education described in § 7906.2 during the two (2) years preceding the submission of the reactivation application; or

(c) An applicant who has not been actively and lawfully practicing speech-language pathology in another jurisdiction or territory of the United States and seeks the reactivation of the license more than five (5) years after the last expiration of the license who can demonstrate his or her current competency to the Board’s satisfaction.

7906.6 The Board may conduct a random audit of at least ten percent (10%) of its active licensees to determine continuing education compliance. Any licensee selected for the audit shall provide proof of continuing education compliance to the Board within thirty (30) days of receiving notification of the audit.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009); as amended by Final Rulemaking published at 60 DCR 14810 (October 18, 2013); as amended by Notice of Final Rulemaking published at 65 DCR 00177 (January 12, 2018); as amended by Final Rulemaking published at 66 DCR 5658 (May 3, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7906

17 DCMR § 7907 CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

7907.1 A continuing education hour shall be valid and granted credit only if it is part of a program or activity approved by the Board as a program or activity that contributes to the growth of professional competence in the practice of audiology or speech-language pathology, is up to date in its subject matter, and is developed and taught or conducted by qualified individual(s).

7907.2 Subject to § 7907.1, the Board may grant continuing education credit for programs or activities offered or sponsored by the following organizations:

(a) The Speech-Language Hearing Association of the District of Columbia or similar speech-language hearing association of another state;

(b) The American Academy of Audiology;

(c) The American Speech-Language Hearing Association (ASHA) and its approved continuing education providers;

(d) An accredited provider of The Accreditation Council on Continuing Medical Education of the American Medical Association offering Category I continuing medical education;

(e) The International Association of Continuing Education and Training (IACET) and its authorized providers;

(f) A health care organization accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO); or

(g) The International Hearing Society.

7907.3 Subject to § 7907.1, the Board may grant continuing education credit for the following activities:

(a) Attendance and completion of:

(1) A course given at an accredited college or university;

(2) A seminar or workshop;

(3) An educational program given at a conference; or

(4) An in-service training;

(b) Serving as a presenter or speaker at a conference, seminar, workshop, or in- service training; or

(c) Publishing an article related to audiology or speech-language pathology in a professional journal or authoring or co-authoring a book, a chapter in a book or a book review related to audiology or speech-language pathology.

7907.4 The Board shall not grant credit for work done in the course of a requestor’s normal occupation or incident to the performance of his or her regular duties, such as teaching courses, research, or course preparation in the case of a teacher or professor.

7907.5 A person seeking continuing education credits shall have the burden of verifying whether a program is approved by the Board.

7907.6 Satisfactory proof of completion of a seminar, a workshop, or an educational program given at a conference or an in-service training shall include:

(a) The name and address of the provider of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the course provider or accreditor of completion, by signature, stamp, or official transcript in the case of accreditors.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009); as amended by Final Rulemaking published at 60 DCR 14810 (October 18, 2013); as amended by Notice of Final Rulemaking published at 65 DCR 00177 (January 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7907

17 DCMR § 7908 CONTINUING EDUCATION CREDITS

7908.1 For the purposes of this chapter, one (1) continuing education hour shall mean sixty (60) minutes of learning time.

7908.2 The Board may grant ten (10) continuing education hours for completion of each credit hour of an academic course offered at an accredited college or university provided that the continuing education credit may only be granted for courses completed during the licensure cycle for which credit is claimed.

7908.3 The Board may grant two (2) continuing education hours for the audit of a three (3)-credit-hour academic course offered at an accredited college or university provided that the continuing education credit may only be granted for courses audited during the licensure cycle for which credit is claimed.

7908.4 A requestor may receive a maximum of six (6) continuing education hours for attendance and completion of in-service training programs.

7908.5 The Board may grant credit for serving as a presenter or speaker at a conference, seminar, workshop, or in- service training, subject to the following restrictions:

(a) Hours granted pursuant to this section shall not exceed six (6) hours per licensure cycle;

(b) If a requestor has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject;

(c) The presentation was completed during the licensure cycle for which credit is claimed; and

(d) The maximum amount of credit which may be granted for preparation time is twice the amount of the associated presentation time or twice the amount of contact hours awarded to the participants.

7908.6 The Board may grant credit for publication of an article related to audiology or speech-language pathology in a professional journal or publication of a book, a chapter in a book or a book review related to audiology or speech-language pathology, subject to the following restrictions as relevant:

(a) The Board may grant up to eight (8) continuing education hours per licensure cycle to the author or sole editor of a published book if the book was published or accepted for publication during the period for which credit is claimed;

(b) The Board may grant four (4) continuing education hours per licensure cycle to the sole author or a co-author of a peer-reviewed, published original paper; or

(c) The Board may grant one (1) continuing education hour per licensure cycle to the sole author of a published book review.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009); as amended by Final Rulemaking published at 60 DCR 14810 (October 18, 2013); as amended by Notice of Final Rulemaking published at 65 DCR 00177 (January 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7908

17 DCMR § 7909 [RESERVED]

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009); as amended by Final Rulemaking published at 60 DCR 14810 (October 18, 2013).

17 DCMR § 7910 LICENSURE BY ENDORSEMENT

7910.1 The Board may issue a license by endorsement to a speech-language pathologist who has a valid, unrestricted license in good standing from another jurisdiction of the United States with standards which are, as determined by the Board, substantially equivalent to the District of Columbia laws and regulations.

7910.2 To apply for licensure by endorsement, an applicant shall:

Submit a completed application to the Board on the required forms and include:

(i) The applicant’s social security number, or, if the applicant does not have a social security number, a sworn affidavit, under penalty of perjury, that the applicant does not have a social security number; and

(ii) Two (2) recent passport-type photos.

Submit a copy of his or her current license with the application.

Obtain licensure verification from the original state or territory of licensure that the license is current and in good standing. The licensure verification form must be sent directly to the Board by the verifying jurisdiction;

Meet any other requirements set by the Board; and

Pay all required fees.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009).

17 DCMR § 7911 WAIVER OF CLINICAL FELLOWSHIP REQUIREMENTS

7911.1 The Board may waive the clinical fellowship requirements for applicants who:

(1) Provide proof of employment in the practice of speech language pathology for at least ten (10) of the last fifteen (15) years immediately preceding the effective date of these regulations;

(2) Meet all other requirements of these regulations; and

(3) Apply by December 31, 2009.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009).

17 DCMR § 7912 PRACTICE OF SPEECH-LANGUAGE PATHOLOGY BY GRADUATE STUDENTS

7912.1 A graduate student whose practice fulfills education requirements under § 841 of the Act, D.C. Official Code § 3-1208.41, may practice speech-language pathology in accordance with this Section 7912 only under the direct supervision of a speech-language pathologist licensed in the District of Columbia.

7912.2 A graduate student under supervision shall identify himself or herself as such at all times when practicing speech-language pathology.

7912.3 Both the supervisor and the graduate student shall sign reports with their full name and credentials.

7912.4 A student may sign only with the highest degree earned.

7912.5 The title or designation of “graduate student” shall be placed after the student’s name in the report statement.

7912.6 If electronic records only accept one (1) signature, the supervisor shall sign.

7912.7 A supervisor shall not supervise more than two (2) full-time students per day in off-site placements from a university.

79l2.8 A supervisor shall be personally responsible for each patient the student evaluates and treats during the period of supervision and is subject to disciplinary action for any violation of the Act or this chapter by the student.

An individual serving as a supervisor for a graduate student in the District:

Shall hold a valid District of Columbia license in speech language pathology; and

May not have been disciplined by a board within the previous five (5) years.

7912.10 Practice of speech-language pathology by graduate students in the District of Columbia shall comply with the American Speech-Language-Hearing Association’s current Standards for Accreditation of Graduate Programs in Audiology and Speech-Language Pathology.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009); as amended by Final Rulemaking published at 60 DCR 14806 (October 18, 2013).

17 DCMR § 7913 STANDARDS OF CONDUCT

7913.1 A licensee, graduate student, or clinical fellow shall adhere to the standards set forth in the most current publication of the “Code of Ethics” as published by the American Speech-Language-Hearing Association, as it may be republished from time to time.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009); as amended by Final Rulemaking published at 60 DCR 14806 (October 18, 2013).

17 DCMR § 7914 SUPERVISION OF SPEECH-LANGUAGE PATHOLOGY CLINICAL FELLOWS

7914.1 A speech-language pathologist may qualify to supervise a speech-language pathology clinical fellow if he or she meets the requirement of § 8404.2 of this title.

7914.2 A speech-language pathologist supervising a clinical fellow shall comply with the requirements set forth in chapter 84 of this title.

History

• SOURCE: Notice of Final Rulemaking published at 65 DCR 00177 (January 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7914

17 DCMR § 7915 SUPERVISION OF SPEECH-LANGUAGE PATHOLOGY ASSISTANTS

7915.1 A speech-language pathologist supervising a speech-language pathology assistant shall retain full professional and ethical responsibility for the professional conduct and performance of the speech-language pathology assistant and shall delegate duties only as consistent with the training, experience, and ability of the speech-language pathology assistant.

7915.2 A speech-language pathologist supervising a speech-language pathology assistant shall comply with the requirements set forth in Chapter 102 (Speech-Language Pathology Assistants) of this title.

History

• SOURCE: Notice of Final Rulemaking published at 65 DCR 00177 (January 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7915

17 DCMR § 7999 DEFINITIONS

7999.1 As used in this chapter, the following terms shall have the meanings ascribed:

Approved continuing education – A continuing education program or activity that meets the requirements of § 7907.

Board – the Board of Audiology and Speech-Language Pathology, established by Section 841 of the Audiology and Speech-Language Pathology Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-219; D.C. Official Code § 3-1208.41 (2012 Repl.)).

Clinical fellow – a person who is completing the clinical fellowship requirements set forth under § 7903 and Chapter 84 (Speech-Language Pathology Clinical Fellows) of this title.

Clinical fellowship- the experience required by Section 7903 and regulated under Chapter 84 of this title.

Direct supervision – supervision in which the supervisor is immediately available on the premises to the supervisee and within vocal communication of the supervisee either directly or by a communication device.

Director - the Director of the Department of Health, or the Director’s designee.

Dual licensure renewal – renewal of both an audiology and a speech-language pathology license in the District of Columbia, within the same renewal period.

General supervision – supervision in which the supervisor is available to the person supervised, either in person or by a communication device.

Good cause – serious illness of the applicant, the death or serious illness of a member of the applicant’s immediate family, or other cause sufficient to the Board.

Graduate student – a person enrolled in a Master’s or Doctoral degree program in speech-language pathology.

LGBTQ continuing education – continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the Act (D.C. Official Code § 3-1205.10 (b)(5)(2016 Supp.)).

Licensure cycle – a two-year period between the January 1 of each odd-numbered year and December 31 of each even-numbered year during which a license issued pursuant to this chapter is valid in accordance with § 7901.1.

Practice of speech-language pathology – means the application of principles, methods, or procedures related to the development and disorders of human communication, including any condition, whether of organic or non-organic origin, that impedes the normal process of human communication including disorders and related disorders of speech, articulation, fluency, voice, oral, or written language; auditory comprehension and processing; oral, pharyngeal or laryngeal sensorimotor competencies; swallowing; auditory or visual processing; auditory or visual memory or cognition; communication; and assisted augmentative communication treatment and devices. The term “practice of speech language pathology” also includes the planning, directing, supervising, and conducting of a habilitative and rehabilitative counseling program for individuals or groups of individuals who have, or are suspected of having, disorders of communication, and any service in speech-language pathology including prevention, identification, evaluation, consultation, habilitation or rehabilitation, instruction or research. The practice of speech-language pathology may include pure-tone air conduction hearing screening, screening of tympanometry, and acoustic reflex screening, limited to a pass-or- fail determination for the identification of individuals with other disorders of communication and may also include aural habilitation or rehabilitation, which means the provision of services and procedures for facilitating adequate auditory, speech, and language skills in individuals with hearing impairment. The practice of speech-language pathology does not include the practice of medicine or osteopathic medicine, or the performance of a task in the normal practice of medicine or osteopathic medicine by a person to whom the task is delegated by a licensed physician.

Reinstatement – The reinstatement of a license in accordance with D.C. Official Code § 3-1205.12.

Requestor – a person seeking continuing education credits.

7999.2 The definitions in § 4099 of Chapter 40 (Health Occupations: General Rules) of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 56 DCR 7314 (September 4, 2009); as amended by Final Rulemaking published at 60 DCR 14806 (October 18, 2013); as amended by Notice of Final Rulemaking published at 65 DCR 00177 (January 12, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 7999

17-80 SURGICAL ASSISTANTS

17 DCMR § 8000 GENERAL PROVISIONS

8000.1 This chapter shall apply to applicants for and holders of a license to practice as a surgical assistant.

8000.2 Chapter 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8001 TERM OF LICENSE

8001.1 Subject to § 8001.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31 of each even-numbered year.

8001.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8002 RENEWAL OF LICENSE

8002.1 The holder of a license to practice as a surgical assistant shall renew his or her license by submitting a completed application on the forms required by the Advisory Committee on Surgical Assistants and paying the required fees prior to the expiration of the license.

8002.2 A licensed holder applying for renewal of a license to practice as a surgical assistant shall submit evidence of current national certification as a surgical assistant, as applicable, by the National Surgical Assistant Association or the American Board of Surgical Assistants or, their successors.

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8003 LICENSURE REQUIREMENTS

8003.1 An applicant shall furnish proof satisfactory to the Board in accordance with § 504 of the Act, D.C. Official Code § 3-1205.04 that the applicant has met one of the following requirements:

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

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

(c) Demonstrated to the satisfaction of the Board the completion of fulltime work experience performed in the United States under the direct supervision of a physician licensed in the United States and consisting of at least 1,300 hours of performance as a surgical assistant within the three (3) years preceding the date of the application

8003.2 Additionally, an applicant shall submit proof satisfactory to the Board in accordance with § 504 of the Act, D.C. Official Code § 3-1205.04 that the applicant was certified as a surgical assistant by at least one of the following:

(a) The National Surgical Assistant Association;

(b) The American Board of Surgical Assistants; or

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

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007); as amended by Final Rulemaking published at 66 DCR 13389 (October 11, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8003

17 DCMR § 8004 TRANSITION TO LICENSURE

8004.1 All references to surgical assistants shall be deemed to refer to persons meeting the requirements for licensure in the District, regardless of whether they are licensed in fact, until March 6, 2009.

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8005 [RESERVED]

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8006 [RESERVED]

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8007 [RESERVED]

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8008 CONTINUING EDUCATION REQUIREMENTS

8008.1 This section shall apply to applicants for the renewal, reactivation, or reinstatement of a license for a term expiring December 31, 2008, and for subsequent terms.

8008.2 An applicant for renewal of a license to practice as a surgical assistant shall submit proof pursuant to § 8008.6 of having completed during the two-year (2) period preceding the date the license expires approved continuing education units (CEUs) constituting:

Fifty (50) hours of CEU credit as specified in § 8009.2;

Two (2) hours of CEU credit in cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) that meets the requirement of § 8009.3, and which shall count towards the hours required under paragraph (a) ; and

At least ten percent (10%) of the total required continuing medical education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

8008.3 A continuing education credit may be granted only for a program or activity approved by the Board in accordance with § 8009.

8008.4 A surgical assistant who is required to obtain continuing education units pursuant to § 8008.2 may, in lieu of meeting the requirement of that section through the completion of CEUs approved by the Board pursuant to § 8009, furnish proof satisfactory to the Board that the surgical assistant holds a current valid certification from the American Board of Surgical Assistants or the National Surgical Assistant's Association and has completed fifty (50) hours of CEUs over a two (2)-year period as part of that certification. Nothing in this subsection shall waive the requirement of § 8008.2(b) and (c).

8008.5 An applicant for reactivation of an inactive license or reinstatement of a license to practice as a surgical assistant shall submit proof pursuant to § 8008.6 of having completed during the two (2)-year period immediately preceding the date of application approved CEUs. The CEUs:

(a) Shall include two (2) hours of CEU credit in cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) that meets the requirement of § 8009.3; and

(b) At least ten percent (10%) of the total required continuing medical education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

8008.6 An applicant under this section shall furnish proof of having completed required continuing education units by submitting with the application the following information:

(a) The name of the program and its approval number;

(b) The dates on which the applicant attended the program or performed the activity;

(c) The hours of credit claimed; and

(d) Verification by the applicant of completion.

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007); as amended by Final Rulemaking published at 64 DCR 11063 (October 27, 2017); as amended by Final Rulemaking published at 66 DCR 13389 (October 11, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8008

17 DCMR § 8009 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

8009.1 The Board, in its discretion, may approve continuing education programs and activities that contribute to the knowledge, skills, and professional performance and relationships that a surgical assistant uses to provide services to patients, the public or the profession and that meet the other requirements of this section.

8009.2 The Board may approve continuing education programs and activities for credit that are as follows:

(a) Sponsored, co-sponsored, or accredited by:

(1) The National Surgical Assistants Association, the American Board of Surgical Assistants, the Association of Surgical Technologists/Association of Surgical Assistants, or the National Board of Surgical Technology and Surgical Assisting;

(2) The Accreditation Council for Continuing Medical Education;

(3) Designated for AOA Category 1-A credit approved by the American Osteopathic Association; or

(4) A state medical society.

8009.3 CEU credit hours that are completed, pursuant to § 8008.2(b) of this chapter, in cultural competence and appropriate clinical treatment specifically for individuals who are LGBTQ shall, at a minimum, provide information and skills to enable a physician assistant to care effectively and respectfully for patients who identify as LGBTQ, which may include:

Specialized clinical training relevant to patients who identify as LGBTQ, including training on how to use cultural information and terminology to establish clinical relationships;

Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors for patients who identify as LGBTQ;

Training that outlines the legal obligations associated with treating patients who identify as LGBTQ;

Best practices for collecting, storing, using, and keeping confidential, information regarding sexual orientation and gender identity;

Best practices for training support staff regarding the treatment of patients who identify as LGBTQ and their families;

Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that those who identify as LGBTQ may experience these systems in varying degrees of intensity; and

Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for patients who identify as LGBTQ.

8009.4 An applicant shall have the burden of verifying whether a program or activity is approved by the Board pursuant to this section prior to attending the program or engaging in the activity.

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007); as amended by Final Rulemaking published at 64 DCR 11063 (October 27, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8009

17 DCMR § 8010 [RESERVED]

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8011 [RESERVED]

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8012 [RESERVED]

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8013 SCOPE OF PRACTICE

8013.1 A surgical assistant shall, in accordance with this chapter and the Act, have the authority to perform the following tasks:

(a) Provide local infiltration or the topical application of a local anesthetic and hemostatic agents at the operative site;

(b) Incise tissues;

(c) Ligate and approximate tissues with sutures and clamps;

(d) Apply tourniquets, casts, immobilizers, and surgical dressings;

(e) Check the placement and operation of equipment;

(f) Assist in moving and positioning the patient;

(g) Assist the surgeon in draping the patient;

(h) Prepare a patient by cleaning, shaving, and sterilizing the incision area;

(i) Retract tissue and expose the operating field area during operative procedures;

(j) Place suture ligatures and clamp, tie, and clip blood vessels to control bleeding during surgical entry;

(k) Use cautery for hemostasis under direct supervision;

(l) Assist in closure of skin and subcutaneous tissue;

(m) Assist in the cleanup of the surgical suite; and

(n) Check and restock the surgical suite.

8013.2 A surgical assistant shall not perform the following tasks;

(a) Perform any surgical procedure independently;

(b) Prescribe any medications or controlled substances; or

(c) Write any progress notes or orders on hospitalized patients, except operative notes.

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8014 SUPERVISING SURGEON

8014.1 To be authorized to supervise a surgical assistant, a physician must be currently licensed as a physician in the District. The license must be unrestricted and active.

8014.2 A supervising surgeon shall perform the critical portions of a surgical procedure. Supervision shall be continuous, and shall require that the delegating physician be immediately available in the surgical suite for delegated acts that the surgical assistant performs and to respond to any emergency until the patient is released from the surgical suite and care has been transferred to another physician, or until the surgical assistant has completed his or her tasks and has been excused by the supervising surgeon. Telecommunication is insufficient for supervision purposes or as a means for directing delegated acts.

8014.3 It is the responsibility of each team of physician(s) and surgical assistant(s) to ensure that:

(a) The surgical assistant's scope of practice is clearly defined;

(b) Delegation of medical tasks is appropriate to the surgical assistant's level of competence;

(c) The relationship between the members of the team is defined;

(d) That the relationship of, and access to, the supervising surgeon is defined; and

(e) A process for evaluation of the surgical assistant's performance is established.

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8015 TITLE PROTECTION

8015.1 Unless authorized to practice as a surgical assistant under this act, a person shall not use or imply the use of the words or terms "surgical assistant", or "S.A.", or any similar title or description of services with the intent to represent that the person practices as a surgical assistant.

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8016 DUTIES OF ADVISORY COMMITTEE ON SURGICAL ASSISTANTS

8016.1 The Advisory Committee on Surgical Assistants shall consist of five (5) members appointed by the Mayor. One member of the Committee shall be a surgeon licensed in the District with experience working with surgical assistants, three members shall be surgical assistants licensed in the District, and one shall be the Director of the Department of Health, or his or her designee. The Committee shall advise the Board on all matters pertaining to this chapter and shall meet at least annually to review the guidelines for the licensing and regulation of surgical assistants and shall make necessary revisions for submission to the Board.

8016.2 Upon request of the Board, the Committee shall review applications for a license to practice as a surgical assistant and make recommendations to the Board.

8016.3 Upon request of the Board, the Committee shall review complaints regarding surgical assistants referred by the Board and make recommendations to the Board regarding what action should be taken.

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007).

17 DCMR § 8099 DEFINITIONS

8099.1 As used in this chapter the following terms have the meanings ascribed:

Board - the Board of Medicine, established by § 203(a) of the Act, D.C. Official Code § 3-1202.03(a) (1) (2001 ed.).

Committee - the Advisory Committee on Surgical Assistants, established by § 203 (c-3) of the Act. D.C. Official Code § 3-1202.03(c-3) (2001 ed.).

Director – The Director of the Department of Health, or his or her designee.

Immediately available - physically present in the surgical suite and capable of responding to the surgical assistant and the patient as medically appropriate.

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

Surgical assistant - a person licensed to practice as a surgical assistant under the Act, or meeting the requirements for licensure in the District, regardless of whether he or she are licensed in fact, until March 6, 2009.

Surgical suite - includes the operating room as well as contiguous recovery rooms.

Supervising surgeon - a surgeon licensed by the Board who delegates to a licensed surgical assistant surgically assisting and oversees and accepts responsibility for the surgical assisting.

8099.2 The definitions in § 4099 of Chapter 40 of this title and the Act are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 54 DCR 9549 (October 5, 2007); as amended by Final Rulemaking published at 66 DCR 13389 (October 11, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8099

17-81 POLYSOMNOGRAPHY

17 DCMR § 8100 GENERAL PROVISIONS

8100.1 This chapter shall apply to applicants for and holders of a license to practice as a polysomnographic technologist and application for and holders of a registration to practice as a polysomnographic technician or polysomnographic trainee.

8100.2 Effective immediately, no person shall practice polysomnography in the District of Columbia unless he or she is licensed or registered under this chapter.

8100.3 An applicant to practice as a polysomnographic technologist shall be licensed in accordance with § 8102.

8100.4 An applicant to practice as a polysomnographic technician shall be registered in accordance with § 8103.

8100.5 An applicant to practice as a polysomnographic trainee shall be registered in accordance with § 8104.

8100.6 Chapters 40 (Health Occupations: General Rules), 41 (Health

Occupations: Administrative Procedures), and 46 (Medicine) of this title shall supplement this chapter.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3758 (April 29, 2011).

17 DCMR § 8101 TERMS OF LICENSE OR REGISTRATION

8101.1 Subject to § 8101.4, a license to practice as a polysomnographic technologist issued pursuant to this chapter shall expire at 11:59 p.m. on December 31 of each even-numbered year.

8101.2 A registration to practice as a polysomnographic technician shall be valid for one (1) non-renewable term of three (3) years.

8101.3 A registration to practice as a polysomnographic trainee shall be valid for a two (2) year term. An applicant may renew the registration one (1) time for an additional two (2) years with a showing of good cause, as defined in § 8106.8.

8101.4 The Director may change the renewal system and the expiration dates of licenses issued pursuant to this chapter.

8101.5 An applicant for a license to practice as a polysomnographic technologist or for registration as either a polysomnographic technician or polysomnographic trainee shall submit with a completed application three (3) letters of reference from licensed physicians or licensed polysomnographic technologists who have personal knowledge of the applicant’s abilities and qualifications to practice as a member of the polysomnography profession.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3758, 3759 (April 29, 2011).

17 DCMR § 8102 QUALIFICATIONS FOR LICENSURE AS A POLYSOMNOGRAPHIC TECHNOLOGIST

8102.1 An applicant for a licensure as a polysomnographic technologist shall submit to the Board:

(a) A completed application on a form provided by the Board;

(b) A completed criminal background check in accordance with 17 DCMR § 8501;

(c) Proof that the applicant holds current certification in cardiopulmonary

resuscitation (CPR) from either the American Heart Association or the

American Red Cross;

(d) Certification signed by a supervising polysomnographic technologist

or a qualified medical doctor, on a form provided by the Board, verifying that the applicant has completed at least fifty (50) sleep studies in one (1) or more facilities that are provisionally or fully accredited by the American Academy of Sleep Medicine (AASM);

(e) Proof that the applicant has successfully passed the Registered

Polysomnographic Technologist (RPSGT) Exam or other nationally recognized examination, as approved by the Board; and

(f) Attestation on a form provided by the Board that the applicant will be

supervised by a licensed physician while acting as a polysomnographic

technologist.

8102.2 Within thirty (30) business days after the application for licensure has been

received by the Board, the Board shall, at the request of the applicant, issue a supervised practice letter to the applicant to document that his or her application is pending and that he or she is authorized to practice as a polysomnographic

technologist under this chapter. The practice letter shall not be renewable and shall expire at the earlier of the following:

Ninety (90) days after the date of its issuance; or

Upon receipt of written notice from the Board that the application for

licensure has been denied.

8102.3 If the applicant is employed by more than one (1) employer, he or she must obtain one (1) practice letter for each place of employment.

8102.4 Upon receipt of a supervised practice letter, the applicant shall inform his or her employer(s) of the date of expiration of the letter and shall immediately cease the practice of polysomnography on that date or upon receipt of written notice from the Board that the application for licensure has been denied, whichever date is earlier. The applicant thereafter may practice in a non-professional healthcare occupation, until receipt of a license or issuance of a license number.

8102.5 If the applicant obtains a new supervisor, he or she must inform the Board and submit a new attestation form within fifteen (15) days after the change in supervisor.

8102.6 An applicant must notify the Board and file a new attestation form before beginning employment with a new employer.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3758, 3759 (April 29, 2011).

17 DCMR § 8103 QUALIFICATIONS FOR REGISTRATION AS A POLYSOMNOGRAPHIC TECHNICIAN

8103.1 An applicant for registration as a polysomnographic technician shall submit to the Board:

A completed application on a form provided by the Board;

A completed criminal background check in accordance with 17 DCMR § 8501;

Proof that the applicant holds current certification in cardiopulmonary Resuscitation (CPR) provided by either the American Heart Association or the American Red Cross;

Proof that the applicant has successfully completed a polysomnographic training program accredited by the Commission on the Accreditation of Allied Health Education Programs (CAAHEP) or an Accredited Sleep Technologist Education Program (A-Step) accredited by the American Academy of Sleep Medicine;

(e) Proof that the applicant passed the Certified Polysomnographic Technician (CPSGT) Exam; and

(f) Attestation on a form provided by the Board that the applicant will be

supervised by a licensed polysomnographic technologist or a licensed

physician while acting as a polysomnographic technician.

8103.2 Within five (5) business days after the application for registration has been

received by the Board, the Board shall, at the request of the applicant, issue a supervised practice letter to the applicant to document that his or her application is pending and that he or she is authorized to practice as a polysomnographic technician under this chapter. The practice letter shall not be renewable and shall expire on the earlier of the following:

(a) Ninety (90) days after the date of issuance; or

(b) Upon receipt of written notice from the Board that the application for registration has been denied.

8103.3 Upon receipt of a supervised practice letter, the applicant shall inform his or her employer of the date of expiration of the letter and shall immediately cease to practice as a polysomnographic technician on that date or upon receipt of written notice from the Board that the application for licensure has been denied, whichever date is earlier. The applicant thereafter may practice in a non-professional healthcare occupation, until receipt of a registration or issuance of a registration number.

8103.4 If the applicant obtains a new supervisor, he or she must inform the Board and submit a new attestation form within fifteen (15) days after the change in supervisor.

8103.5 If the applicant changes jobs, he or she must notify the Board and have a new attestation form on file before beginning the new job.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3758, 3760 (April 29, 2011).

17 DCMR § 8104 QUALIFICATIONS FOR REGISTRATION AS A POLYSOMNOGRAPHIC TRAINEE

8104.1 An applicant for registration as a polysomnographic trainee shall submit to the Board:

(a) A completed application form provided by the Board;

(b) A completed criminal background check in accordance with 17 DCMR § 8501;

(c) Proof that the applicant holds current certification in cardiopulmonary resuscitation (CPR) provided by the American Heart Association or the American Red Cross;

(d) Proof that the applicant has successfully completed the Accredited Sleep Technologist Education Program (A-STEP) Introductory Course or is currently enrolled in a polysomnography, respiratory , or electroencephalography (EEG) program accredited by the CAAHEP; and

(e) Attestation on a form provided by the Board that the applicant will be directly supervised, while acting as a polysomnographic trainee, by a licensed polysomnographic technologist or a licensed physician.

8104.2 Within five (5) business days after the application for registration has been

received by the Board, the Board shall, at the request of the applicant, issue a supervised practice letter to the applicant to document that his or her application is pending and that he or she is authorized to practice under this chapter. The supervised practice letter shall not be renewable and shall expire on the earlier of the following:

(a) Ninety (90) days after the date of issuance; or

(b) Upon receipt of written notice from the Board that the application for

licensure has been denied.

8104.3 Upon receipt of a supervised practice letter, the applicant shall inform the employer of the date of expiration of the letter and shall immediately cease practice as a polysomnography trainee on that date or upon receipt of written notice from the Board that the application for registration has been denied, whichever date is the earlier. The applicant thereafter may practice in a non-professional healthcare occupation, until receipt of a registration or issuance of a registration number.

8104.4 If the applicant obtains a new supervisor, he or she must inform the Board and submit a new attestation form within fifteen (15) days of the change in supervisor.

8104.5 If the applicant changes jobs, he or she must notify the Board and have a new attestation form on file before beginning the new job.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3758, 3762 (April 29, 2011).

17 DCMR § 8105 RENEWALS, REINSTATEMENTS, AND REACTIVATIONS OF POLYSOMNOGRAPHIC TECHNOLOGIST LICENSES

8105.1 An applicant for renewal of a polysomnographic technologist license shall:

Submit an application to renew the license;

Complete a minimum of twenty (20) continuing education credits during the two (2) year period preceding the date the license expires, of which at least ten percent (10%) of the total required continuing medical education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website;

(c) Attest to completion of the required continuing education credits on the renewal application form; and

(d) Be subject to a random audit.

8105.2 To qualify to reactivate a polysomnographic technologist license, a person in inactive status within the meaning of § 511 of the Act, D.C. Official Code § 3-1205.11 (2016 Repl.) shall:

(a) Submit an application to reactivate the license;

(b) Submit proof pursuant to § 8105.7 of having completed twenty (20) hours of approved continuing education credits within the two (2) year period preceding the date of the application for reactivation of that applicant’s license and an additional ten (10) hours of approved continuing education credit for each additional year that the applicant was in inactive status beginning with the third year. At least ten percent (10%) of the total required continuing medical education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website;

(c) Pay the required reactivation fee; and

Submit a completed criminal background check in accordance with 17 DCMR § 8501.

8105.3 To qualify for reinstatement of a license, an applicant for reinstatement shall:

(a) Submit an application to reinstate the license;

(b) Submit proof pursuant to § 8105.7 of having completed twenty (20) hours of approved continuing education credits within the two (2) year period preceding the date of the application for reinstatement of that applicant’s license and an additional ten (10) hours of approved continuing education credit for each additional year that the applicant was in an inactive status beginning with the third year. At least ten percent (10%) of the total required continuing medical education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website;

(c) Pay the required reinstatement fee; and

Submit a completed criminal background check in accordance with 17 DCMR § 8501.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 3758 (April 29, 2011); Final Rulemaking published at 67 DCR 4038 (April 10, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8105

17 DCMR § 8106 CONTINUING EDUCATION REQUIREMENTS

8106.1 This section shall apply to all applicants for the renewal, reactivation, or reinstatement of a polysomnographic technologist license under this chapter.

8106.2 A licensed polysomnographic technologist is not required to obtain continuing education credits for the first renewal after initial licensure.

8106.3 A licensed polysomnographic technologist shall earn a minimum of twenty (20) continuing education credits during the two (2) year period immediately preceding the date of any subsequent license renewal. Beginning with the renewal period ending December 31, 2018, two (2) of the twenty (20) continuing education credits shall be in cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) that meets the requirement of § 8107.6.

8106.4 An applicant for the renewal, reactivation, or reinstatement of a polysomnographic technologist license shall prove completion of the required continuing education credits by submitting with the application the following information with respect to each continuing education program:

(a) The name and address of the sponsor of the program;

(b) The name and address of the program;

(c) A description of the subject matter covered and the name(s) of the instructor(s);

(d) The dates on which the applicant attended the program;

(e) The number of hours of credit claimed; and

(f) Verification by the sponsor, by signature or stamp, of the applicant’s completion of the program.

8106.5 An applicant for renewal of a polysomnographic technologist license who fails to submit proof of having completed the continuing education requirements by the date the license expires may renew his or her license during the thirty (30) day period after expiration by submitting this proof pursuant to § 8106.4 and by paying the required fees.

8106.6 If an application is approved pursuant to § 8106.5, the applicant shall be deemed to have possessed a valid license commencing on the date the license or registration is renewed.

8106.7 If an applicant for renewal of a license fails to submit proof of having completed the continuing education requirements and pay the required fees within thirty (30) days after the expiration of applicant’s license, the license shall be considered to have lapsed on the date of its expiration.

8106.8 The Board may, in its discretion, grant an extension of the thirty (30) day renewal period established by § 8106.5 if the applicant’s failure to submit proof of having completed the continuing education requirements was for good cause. For the purposes of this subsection, good cause includes:

Serious and protracted illness of the applicant; and

The death or serious and protracted illness of a member of the applicant’s immediate family.

History

• SOURCE: Final Rulemaking published at 58 DCR 3758 (April 29, 2011); as amended by Final Rulemaking published at 64 DCR 11066 (October 27, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8106

17 DCMR § 8107 APPROVED CONTINUING EDUCATION PROGRAMS

8107.1 A continuing education credit may be earned only for a program or activity approved or recognized by the Board.

8107.2 To be eligible for approval by the Board, a continuing education program or activity shall contribute to the knowledge, skills, or professional performance and relationships that a polysomnographic technologist uses to provide services to patients.

8107.3 The Board shall recognize sleep-related continuing education hours approved by one (1) of the following organizations:

(a) The American Medical Association;

(b) The American Association of Sleep Technologists;

(c) The American Academy of Sleep Medicine;

(d) The American Society of Electroneurodiagnostic Technologists;

(e) The American Association for Respiratory Care; or

(f) The American Nursing Association

8107.4 The Board may grant permission to attend a course not listed in § 8107.3. In order to obtain Board approval of a continuing education program or activity under § 8107.2, a program sponsor or licensee shall submit to the Board information regarding the program or activity at least ninety (90) days before the start of program or activity.

8107.5 An applicant shall bear the burden of verifying whether a program or activity is approved or recognized by the Board pursuant to this section before attending the program or engaging in the activity.

8107.6 CEU credit hours that are completed, pursuant to § 8106.3 of this chapter, in cultural competence and appropriate clinical treatment specifically for individuals who are LGBTQ shall, at a minimum, provide information and skills to enable a physician assistant to care effectively and respectfully for patients who identify as LGBTQ, which may include:

Specialized clinical training relevant to patients who identify as LGBTQ, including training on how to use cultural information and terminology to establish clinical relationships;

Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors for patients who identify as LGBTQ;

Training that outlines the legal obligations associated with treating patients who identify as LGBTQ;

Best practices for collecting, storing, using, and keeping confidential, information regarding sexual orientation and gender identity;

Best practices for training support staff regarding the treatment of patients who identify as LGBTQ and their families;

Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that those who identify as LGBTQ may experience these systems in varying degrees of intensity; and

Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for patients who identify as LGBTQ.

History

• SOURCE: Final Rulemaking published at 58 DCR 3758 (April 29, 2011); as amended by Final Rulemaking published at 64 DCR 11066 (October 27, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8107

17 DCMR § 8108 SCOPE OF PRACTICE

8108.1 A supervising physician has ultimate responsibility for the medical care and treatment provided to a patient by a licensed polysomnographic technologist or registered polysomnographic technician or trainee to whom the supervising physician has delegated authority to perform health care tasks that require the provision of sleep-related services.

8108.2 A licensed polysomnographic technologist shall practice:

(a) Only under the general supervision of a licensed physician; and

(b) Only in a hospital sleep laboratory or a stand-alone sleep center.

8108.3 The scope of practice of a licensed polysomnographic technologist includes the following:

Analyzing, monitoring, and recording physiologic data during sleep and wakefulness;

Scoring and analyzing acquired physiologic data;

Maintaining nasal and oral airways that do not extend in the trachea;

The therapeutic and diagnostic use of oxygen;

Monitoring and recording physiologic data during sleep, including sleep-related respiratory disturbances;

Reading and analyzing test results obtained from home-based, self-administered diagnostic tests;

Cardiopulmonary resuscitation;

The use of positive airway pressure, including continuous positive airway pressure (CPAP), bi-level modalities, and multiple function modalities;

Using data to assist a licensed physician in the diagnosis and treatment of sleep and wake disorders;

Assisting with the diagnosis and treatment of individuals who suffer from sleep disorders as a result of developmental defects, the aging process, physical injury, disease, or actual or anticipated somatic dysfunction;

Observing and monitoring physical signs and symptoms, general behavior, and general physical responses to polysomnographic evaluation and determining whether initiation, modification, or discontinuation of a treatment regimen is warranted;

Assessing, diagnosing, and assisting in the treatment and research of disorders, syndromes, and dysfunctions that are sleep-related, manifest during sleep, or disrupt normal sleep and wake cycles and activities;

Using evaluation techniques that include limited cardiopulmonary function assessments, the need and effectiveness of therapeutic modalities and procedures, and the assessment and evaluation of the need for extended care; and

Transcribing and implementing written or verbal orders of a physician pertaining to the practice of polysomnography.

8108.4 A registered polysomnographic technician shall practice:

Under the general supervision of a physician who is ultimately responsible for the quality of care provided, or the direct supervision of a licensed polysomnographic technologist; and

Only in a hospital sleep laboratory or a stand-alone sleep center.

8108.5 The scope of practice of a registered polysomnographic technician is limited to the following:

Analyzing, monitoring, and recording physiologic data during sleep and wakefulness;

Maintaining nasal and oral airways that do not extend in the trachea;

The therapeutic and diagnostic use of oxygen;

Cardiopulmonary resuscitation;

The use of positive airway pressure, including continuous positive airway pressure (CPAP), bi-level modalities, and multiple function modalities;

Assisting licensed polysomnographic technologists and licensed physicians with reading and analyzing test results obtained from home-based, self-administered diagnostic tests;

Recognizing wake and sleep stages; and

Transcribing and implementing written or verbal orders of a physician pertaining to the practice of polysomnography, if consistent with the level of education and experience of the registered polysomnographic technician.

8108.6 A registered polysomnographic trainee shall practice:

(a) Under the general supervision of a physician who is ultimately responsible for the quality of care provided, and the direct supervision of a licensed polysomnographic technologist; and

(b) Only in a hospital setting.

8108.7 The scope of practice of a registered polysomnographic trainee is limited to the

following:

(a) Analyzing, monitoring, and recording physiologic data during sleep and wakefulness;

(b) Maintaining nasal and oral airways that do not extend in the trachea;

(c) The therapeutic and diagnostic use of oxygen;

(d) Cardiopulmonary resuscitation; and

(e) Implementing written orders of a physician pertaining to the practice of polysomnography, if consistent with the level of education and experience of the registered polysomnographic trainee.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3758, 3766 (April 29, 2011).

17 DCMR § 8199 DEFINITIONS

8199.1 When used in this chapter, the following words will have the meanings ascribed:

Board- the Board of Medicine.

Direct supervision -that the polysomnographic technologist providing supervision is present in the area where the polysomnographic procedure is being performed and immediately available to furnish assistance and direction throughout the performance of the procedure.

Director – The Director of the Department of Health, or his or her designee.

General supervision - supervision by a physician who is immediately available to give direction, either in person, by telephone, or by electronic means.

Licensed physician - a person who is licensed by the Board to practice medicine.

Patient- a person who is the recipient of polysomnographic services.

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

Sleep-related services- acts performed by polysomnographic technologist, technicians and trainees, and other persons permitted to perform such services under this act, in a setting described in §8102.1(d) which would be considered the practice of polysomnography if performed by a polysomnographic technologist.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 3758 (April 29, 2011); Final Rulemaking published at 67 DCR 4038 (April 10, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8199

17-82 PHYSICAL THERAPY ASSISTANTS

17 DCMR § 8200 GENERAL PROVISIONS

8200.1 This chapter shall apply to applicants for and holders of a license to practice as a physical therapy assistant.

8200.2 Chapter 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 55 DCR 8802 (August 15, 2008); as corrected by Errata Notice published at 57 DCR 11097 (November 26, 2010). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8200

17 DCMR § 8201 TERM OF LICENSE

8201.1 Subject to § 8201.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of January 31 of each odd-numbered year.

8201.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 55 DCR 8802 (August 15, 2008); as corrected by Errata Notice published at 57 DCR 11097 (November 26, 2010). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8201

17 DCMR § 8202 EDUCATIONAL REQUIREMENTS

8202.1 Except as otherwise provided in this subtitle, an applicant applying for a license to practice as a physical therapy assistant shall establish to the satisfaction of the Board that the applicant has successfully completed an educational program in physical therapy appropriate for preparation as a physical therapy assistant, which is accredited by an agency recognized by the Secretary of the Department of Education or the Council of Postsecondary Accreditation.

8202.2 An applicant shall submit with a completed application an official certified transcript of the applicant's educational record and a certificate of graduation from the educational institution.

History

• SOURCE: Final Rulemaking published at 55 DCR 8802 (August 15, 2008); as corrected by Errata Notice published at 57 DCR 11097 (November 26, 2010). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8202

17 DCMR § 8203 APPLICANTS EDUCATED OUTSIDE OF THE UNITED STATES

8203.1 The Board may grant a license to practice as a physical therapy assistant to an applicant who has been educated outside of the United States if the applicant:

(a) Provides proof from the Physical Therapist Assistant Educational Equivalency Review (PTA-EER) that the applicant’s education is substantially equivalent to the requirements of physical therapy assistants educated in an education program accredited in the United States;

(b) Passes the Board-approved English proficiency examination, if the applicant’s native language is not English; and

(c) Complies with the examination requirements of Section 8204.

8203.2 A determination that the applicant’s education is “substantially equivalent” shall include the following findings:

(a) The applicant graduated from a physical therapy assistant education program that prepares the applicant to engage without restriction in the practice of physical therapy assistance;

(b) Written proof that the applicant’s school is recognized by its own ministry of education or equivalent governmental authority; and

(c) Completion of a credentials evaluation as directed by a credentialing board or equivalent body that determines the candidate has met uniform criteria for educational requirements as further established by rule.

History

• SOURCE: Final Rulemaking published at 55 DCR 8802 (August 15, 2008); as corrected by Errata Notice published at 57 DCR 11097 (November 26, 2010); as amended by Final Rulemaking published at 60 DCR 6477 (May 3, 2013). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8203

17 DCMR § 8204 LICENSURE BY EXAMINATION

8204.1 An applicant for licensure as a physical therapy assistant by examination shall initiate the application process by submitting a completed application together with the appropriate application fee and the documentation required by § 8202.2.

8204.2 An applicant for licensure as a physical therapy assistant shall have pre-approval from the Board before taking any licensure examination. Only an applicant who has graduated from an accredited physical therapy assistant program may be approved by the Board to take the physical therapy assistant licensure examination.

8204.3 An applicant for licensure by examination shall take and pass the National Physical Therapist Examination ("NPTE") and the District of Columbia jurisprudence examination for physical therapy assistants.

8204.4 Following approval from the Board to take the applicable examinations, the applicant may take the national examination and the District jurisprudence examination in any order.

8204.5 The passing score on the national examination shall be determined by the body administering the examination.

8204.6 The District jurisprudence examination shall be developed and administered by the Board or, a body approved by the Board, on laws and rules pertaining to the practice of physical therapy in the District of Columbia.

8204.7 The District jurisprudence examination may consist of questions on District of Columbia laws pertaining to the practice of physical therapy including the Act, this chapter, and Chapters 40 and 41 of this title. The passing score of the District examination shall be determined by the Board.

8204.8 An applicant for licensure who does not pass either examination on the first attempt shall seek and obtain Board approval for any subsequent attempts to retake the examination. Before the Board may approve an applicant for subsequent testing beyond three (3) attempts, an applicant shall submit proof satisfactory to the Board of having completed any remediation as determined by the Board.

8204.9 If the Board determines that an applicant has engaged in or has attempted to engage in conduct that subverts or undermines the integrity of either the national examination or the District jurisprudence examination, the Board may disqualify the applicant from taking the examinations. Examples of such conduct may include, but are not limited to the following:

(a) Utilizing in any manner recalled or memorized examination questions;

(b) Failing to comply with all test center security procedures;

(c) Attempting to communicate with other examinees during the test; or

(d) Copying or sharing examination questions or answers or portions of questions or answers.

8204.10 All occurrences of any violation set forth in § 8204.9 shall be recorded in the official records of the Board. Board action may include, but is not limited to the following:

(a) Disqualifying test results of the applicant's examinations;

(b) Disqualifying the applicant, permanently or for a specified period of time, from eligibility for the examinations;

(c) Disqualifying the applicant, permanently or for a specified period of time, from eligibility for licensure; or

(d) Revocation, suspension, or imposition of probationary conditions on a license issued to the applicant.

History

• SOURCE: Final Rulemaking published at 55 DCR 8802 (August 15, 2008); as corrected by Errata Notice published at 57 DCR 11097 (November 26, 2010). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8204

17 DCMR § 8205 LICENSURE BY ENDORSEMENT

8205.1 The Board shall issue a license by endorsement to a physical therapy assistant who has a valid, unrestricted license in good standing from another jurisdiction of the United States and who meets all other requirements of this section.

8205.2 An applicant for licensure by endorsement as a physical therapy assistant shall submit with a completed application the following:

(a) Official, certified proof of licensure as a physical therapy assistant in good standing from another jurisdiction of the United States;

(b) Official, certified proof, from the body administering the examination, that the applicant has passed the Board-approved national licensure examination for a physical therapy assistant; and

(c) Proof pursuant to § 8202.1.

8205.3 An applicant shall take and pass the District of Columbia jurisprudence examination for physical therapy assistants after obtaining Board approval.

History

• SOURCE: Final Rulemaking published at 55 DCR 8802 (August 15, 2008); as corrected by Errata Notice published at 57 DCR 11097 (November 26, 2010). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8205

17 DCMR § 8206 CONTINUING EDUCATION REQUIREMENTS

8206.1 Subject to § 8206.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a license.

8206.2 This section shall not apply to applicants for an initial license or applicants for the first renewal of a license.

8206.3 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 8207.

8206.4 To qualify for the renewal of a license, an applicant shall have completed, during the two (2)-year period preceding the date the license expires, thirty (30) hours of approved continuing education credit, two (2) of which shall be LGBTQ continuing education, and ten percent (10%) of the total hours required shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

8206.5 Beginning with the licensure period ending January 31, 2015, not more than one-half (1/2) of the total number of hours of continuing education required for renewal, reinstatement, or reactivation of a license may be obtained from online courses, home study, or any distance education.

8206.6 To qualify for the reactivation of a license, a person in inactive status within the meaning of section 511 of the Act (D.C. Official Code § 3-1205.11) who does not possess a valid, active physical therapy assistant license in any jurisdiction of the United States shall submit proof of having completed, within one (1) year prior to the submission of the reactivation application, fifteen (15) hours of approved continuing education for each year that the applicant was in inactive status up to a maximum of seventy-five (75) hours, with ten percent (10%) of the total required being in the subjects determined by the Director as public health priorities of the District, plus two (2) hours of LGBTQ continuing education.

8206.7 To qualify for reactivation of a license, a person in inactive status within the meaning of Section 511 of the Act (D.C. Official Code 3-1205.11) who maintains a valid, active license in another jurisdiction of the United States shall establish his or her current competency to the Board’s satisfaction, which may include proving completion of approved continuing education within a period of no more than five (5) years preceding the date of the reactivation application. An applicant under this subsection shall also complete two (2) hours of LGBTQ continuing education.

8206.8 To qualify for the reinstatement of a license, an applicant shall submit proof of having completed, no more than two (2) years before the date of the reinstatement application, fifteen (15) hours of approved continuing education credit for each year that the applicant was not licensed in the District, with ten percent (10%) of the total required being in the subjects determined by the Director as public health priorities of the District, plus two (2) hours of LGBTQ continuing education.

8206.9 Except as provided in § 8206.10, an applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion, by signature or stamp.

8206.10 Applicants for the renewal of a license shall only be required to prove completion of the required continuing education credits by submitting proof pursuant to § 8206.9 if required to do so as part of the random audit, or if otherwise requested to do so by the Board.

8206.11 The Board may periodically conduct a random audit of licensees to determine compliance with the continuing education requirements. A licensee who is selected to participate in the Board’s continuing education audit shall, within thirty (30) days after receiving notice of the selection, submit proof of having completed the required continuing education credits during the two (2)-year period immediately preceding the date the license expires.

History

• SOURCE: Final Rulemaking published at 55 DCR 8802 (August 15, 2008); as corrected by Errata Notice published at 57 DCR 11097, 11100 (November 26, 2010); as amended by Final Rulemaking published at 60 DCR 6477 (May 3, 2013); as amended by Final Rulemaking published at 64 DCR 6107 (June 30, 2017); as amended by Final Rulemaking published at 66 DCR 12986 (October 4, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8206

17 DCMR § 8207 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

8207.1 The Board may, in its discretion, approve continuing education programs and activities that contribute to the growth of an applicant in professional competence while practicing as a physical therapy assistant and which meet the other requirements of this section.

8207.2 The Board may approve the following types of continuing education programs, if the program meets the requirements of § 8207.3:

(a) An undergraduate or graduate course given at an accredited college or university;

(b) A seminar or workshop;

(c) An education program given at a conference;

(d) In-service training (maximum ten (10) hours of credit);

(e) Home study courses; and

(f) Online courses.

8207.3 To qualify for approval by the Board, a continuing education program shall:

(a) Be current in its subject matter;

(b) Be developed and taught by qualified individuals; and

(c) Meet one of the following requirements:

(1) Be administered or approved by a recognized national, state or local physical therapy organization; health care organization; accredited health care facility; or an accredited college or university; or

(2) Be submitted by the program sponsors or the applicant to the Board for review no less than sixty (60) days prior to the date of the presentation and be approved by the Board.

8207.4 The Board may issue and update a list of approved continuing education programs.

8207.5 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

8207.6 The Board may approve the following continuing education activities by an applicant:

(a) Service as an instructor or speaker at a conference, seminar, workshop, or in-service training;

(b) Publication of an article in a professional journal or publication of a book or a chapter in a book or publication of a book review in a professional journal or bulletin; and

(c) Participation in research as a principal investigator or research assistant.

History

• SOURCE: Final Rulemaking published at 55 DCR 8802 (August 15, 2008); as corrected by Errata Notice published at 57 DCR 11097 (November 26, 2010). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8207

17 DCMR § 8208 CONTINUING EDUCATION CREDITS

8208.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

8208.2 For approved undergraduate or graduate courses, each semester hour of credit shall constitute fifteen (15) hours of continuing education credit, and each quarter hour of credit constitutes ten (10) hours of continuing education credit.

8208.3 The Board may grant a maximum of ten (10) continuing education credits per year to an applicant who attends in-service education programs.

8208.4 The Board may grant an applicant who serves as an instructor or speaker at an acceptable program for both preparation and presentation time, subject to the restrictions set forth in §§ 8208.5 through 8208.8.

8208.5 The maximum amount of credit that may be granted for preparation time is twice the amount of the associated presentation time.

8208.6 The maximum amount of credit that may be granted pursuant to § 8208.4 is fifty percent (50%) of an applicant's continuing education requirement.

8208.7 If an applicant has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject.

8208.8 The presentation shall have been completed during the period for which credit is claimed.

8208.9 The Board may grant an applicant who is an author or editor of a published book four (4) units or forty (40) hours of continuing education credit, if the book has been published or accepted for publication during the period for which credit is claimed and the applicant submits proof of this fact in the application.

8208.10 The Board may grant an applicant who is the sole author or co-author of a published original paper, journal article or poster presentation, two (2) units or twenty (20) hours of credit, subject to the same restrictions set forth for books in § 8208.9.

8208.11 The Board may grant an applicant who is the sole author of a published book review, review paper, or abstract one (1) unit or ten (10) hours of continuing education credit, subject to the same restrictions set forth for books in § 8208.9.

History

• SOURCE: Final Rulemaking published at 55 DCR 8802 (August 15, 2008); as corrected by Errata Notice published at 57 DCR 11097 (November 26, 2010). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8208

17 DCMR § 8209 LAWFUL PRACTICE

8209.1 A physical therapy assistant may perform physical therapy functions only in accordance with this section.

8209.2 A physical therapy assistant may perform the following functions under the direct supervision of a physical therapist:

(a) Use of therapeutic exercise, mechanical traction, therapeutic massage, compression, heat, cold, ultraviolet, water, and electricity;

(b) Measurement and adjustment of crutches, canes, walkers, and wheelchairs, and instruction in their use and care;

(c) Instruction, motivation, and assistance to patients and others in improving pulmonary function, learning, and functional activities such as pre-ambulation, transfer, ambulation and daily living activities, and the use and care of orthoses, prostheses, and supportive devices;

(d) Modification of treatment procedures as indicated by patient response and within the limits specified in the plan of care, and reported orally or in writing to the physical therapist; and

(e) Participation in routine administrative procedures required for a physical therapist service.

8209.3 A physical therapy assistant may not perform the following:

(a) Interpret referrals;

(b) Perform evaluation procedures;

(c) Initiate or adjust treatment programs; or

(d) Assume responsibility for planning patient care.

8209.4 A licensed physical therapist shall be fully responsible for any actions by a physical therapy assistant performing physical therapist functions while under the physical therapist's supervision.

8209.5 A licensed physical therapist shall perform the final evaluation for a patient who has been treated throughout the patient's history by a physical therapy assistant.

8209.6 A physical therapist shall provide direct supervision to no more than three (3) physical therapist subordinates at any one time.

8209.7 A physical therapist shall ensure the qualifications of all physical therapy assistants under his or her supervision.

8209.8 Before a patient is treated by a physical therapy assistant, a licensed physical therapist shall evaluate the patient and formulate initial and ongoing treatment goals and plans.

8209.9 Pursuant to § 8209.8, a licensed physical therapist shall reevaluate each patient being treated by a physical therapy assistant by the seventh (7th) visit and every seventh (7th) visit thereafter.

8209.10 Support personnel shall only perform routine assigned tasks under the direct supervision of a licensed physical therapist or a licensed physical therapy assistant, who shall only assign those tasks or activities that are nondiscretionary and do not require the exercise of profession judgment.

8209.11 A physical therapy assistant shall comply with the standards of ethical and professional conduct established by the recognized professional program which is approved by the Board, as they may be amended or republished from time to time.

History

• SOURCE: Final Rulemaking published at 55 DCR 8802 (August 15, 2008); as corrected by Errata Notice published at 57 DCR 11097 (November 26, 2010). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8209

17 DCMR § 8299 DEFINITIONS

8299.1 As used in this chapter, the following terms shall have the meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code §§ 3-1201 et seq. (2016 Repl.)).

Applicant - a person applying for a license to practice as a physical therapist assistant under this chapter.

Board - the Board of Physical Therapy, established by Section 209 of the Act (D.C. Official Code § 2-1202.09).

Continuing education unit - a unit of measurement representing ten (10) hours of continuing education credit.

Direct supervision - the supervision in which a physical therapist is personally present and immediately available within the treatment area to give aid, direction, and instruction when physical therapy procedures or activities are performed.

Director – The Director of the Department of Health, or the Director’s designee.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10 (b)(5) (2016 Repl.)).

Physical therapist - a person licensed to practice physical therapy under the Act.

Physical therapist assistant - a physical therapy assistant who is a person licensed to practice under the Act.

Practice of physical therapy - the independent evaluation of human disability, injury, or disease by means of noninvasive tests of neuromuscular functions and other standard procedures of physical therapy, and the treatment of human disability, injury, or disease by therapeutic procedures, rendered on the prescription of or referral by a licensed physician, osteopath, dentist, or podiatrist, or by a licensed registered nurse certified to practice as an advanced registered nurse as authorized pursuant to Section 601 of the Act (D.C. Official Code § 3-1206.01), embracing the specific scientific application of physical measures to secure the functional rehabilitation of the human body. These measures include the use of therapeutic exercise, therapeutic massage, heat or cold, air, light, water, electricity, or sound for the purpose of correcting or alleviating any physical or mental disability, or preventing the development of any physical or mental disability, or the performance of noninvasive tests of neuromuscular functions as an aid to the detection or treatment of any human condition.

Valid, active license – a license to practice physical therapy in any jurisdiction that is currently valid and has been valid during the relevant period.

8299.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 55 DCR 8802 (August 15, 2008); as corrected by Errata Notice published at 57 DCR 11097, 11105 (November 26, 2010); as amended by Final Rulemaking published at 64 DCR 6107 (June 30, 2017); as amended by Final Rulemaking published at 66 DCR 12986 (October 4, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8299

17-83 PHARMACEUTICAL DETAILERS

17 DCMR § 8300 GENERAL PROVISIONS

8300.1 Effective, October 1, 2008, this chapter shall apply to applicants for and holders of a license to practice pharmaceutical detailing.

8300.2 Effective April 1, 2009, a person shall be licensed under the Act before the individual may practice pharmaceutical detailing in the District of Columbia.

8300.3 A person who practices pharmaceutical detailing in the District of Columbia without a license shall be subject to a fine of up to ten thousand dollars ($10,000.00) in addition to the other penalties and sanctions set forth in the Act and the HORA.

8300.4 Chapters 40 (Health Occupations: General Rules), and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

8300.5 For purposes of this chapter, an individual shall be deemed as engaging

in the practice of pharmaceutical detailing if:

He or she is acting as a representative of a pharmaceutical manufacturer or

labeler; and

Communicating in person with a licensed health professional or an employee

or representative of a licensed health professional located in the District of

Columbia;

In a non-conference setting, as defined in this chapter;

For the purpose of selling, marketing, or promoting a prescription or over-the-counter pharmaceutical product for use in humans, or providing information about a pharmaceutical product for the purpose of selling, marketing, or promoting such product.

8300.6 The scope of this chapter shall not apply to representatives who only sell, market, or promote veterinary drugs.

8300.7 The scope of this chapter shall not apply to the act of providing information about a pharmaceutical product solely for the purpose of conducting or pertaining to clinical trials, investigational drugs, or a Risk Evaluation and Mitigation Strategy pursuant to the Federal Food, Drug and Cosmetic Act.

8300.8 The scope of this chapter shall not apply to activities taking place at a conference, as defined in this chapter.

8300.9 The scope of this chapter shall not apply to health professionals participating in a conference, as defined in this chapter, including conferences targeting a local audience, solely as a speaker or presenter with respect to his or her area of expertise.

History

• SOURCE: Final Rulemaking published at 55 DCR 9317 (August 29, 2008); as amended by Final Rulemaking published at 56 DCR 2951 (April 17, 2009).

17 DCMR § 8301 TERM OF LICENSE

8301.1 Subject to § 8301.2, a license issued pursuant to this chapter shall expire at 12:00 midnight the last day of February of each even-numbered year.

8301.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birth date of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 55 DCR 9317 (August 29, 2008).

17 DCMR § 8302 EDUCATIONAL REQUIREMENTS

8302.1 Except as otherwise provided in this chapter, an applicant shall furnish proof satisfactory to the Board that the applicant is a graduate of an institution of higher education recognized by the Board in accordance with § 742 of the Act, D. C. Official Code § 3-1207.42 (2001).

8302.2 Except as provided in § 8302.3, an applicant shall submit an official certificate of graduation or a transcript in a sealed envelope from the institution of higher education to the Board with the completed application.

8302.3 An applicant who holds a health professional license for a profession which requires a degree, may submit a copy of the license in lieu of an official certificate of graduation or transcript as proof of having graduated from an institution of higher education recognized by the Board in accordance with § 742 of the Act, D. C. Official Code § 3-1207.42.

8302.4 The Board may grant a license to practice pharmaceutical detailing to an applicant who is a graduate of an institution of higher education from a foreign country, if the institution or education program was accredited by an accrediting body recognized by the Secretary of the United States Department of Education or the Council on Postsecondary Accreditation at the time the applicant graduated.

8302.5 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 55 DCR 9317 (August 29, 2008); as amended by Final Rulemaking published at 57 DCR 5739 (July 2, 2010).

17 DCMR § 8303 WAIVER OF EDUCATIONAL REQUIREMENTS

8303.1 Except as provided in § 8303.2, the Board shall waive the educational requirements set forth under § 8302.1 of this chapter for an applicant for licensure who can demonstrate to the satisfaction of the Board that he or she has been performing the functions of a pharmaceutical detailer as defined in § 8399 of this chapter on a full-time, or substantially full-time, basis for at least 12 months immediately preceding March 26, 2008.

8303.2 The Board may extend the waiver set forth in § 8303.1 up to an additional 12 months for an applicant who was on approved leave under the Family and Medical Leave Act or the District of Columbia Family Medical Leave Act for any portion of the 12 months immediately preceding March 26, 2008. The waiver may only be extended by the actual amount of leave taken by the applicant under the Acts up to an additional 12 months.

8303.3 To apply for a waiver of the educational requirements set forth under § 8302.1 of this chapter, an applicant shall:

(a) Submit a sworn statement attesting to the fact that the applicant has been performing the functions of a pharmaceutical detailer as defined in § 8399 of this chapter, for at least thirty-two (32) hours per week for at least twelve (12) months immediately preceding March 26, 2008, which shall include:

(1) The applicant's employers and contact information;

(2) The time period of practice;

(3) The name(s) and contact information of supervisor(s) or professional colleagues, as applicable; and

(4) A description of the applicant's duties; and

(b) Submit two (2) letters of attestation from current or previous supervisors who supervised the applicant's work in pharmaceutical detailing and who can attest to the fact that the applicant has been practicing as a pharmaceutical detailer for at least twelve (12) months. If the applicant does not have at least two (2) supervisors who can provide letters, applicant may submit one letter from a professional colleague who has first-hand knowledge that the applicant has been practicing as a pharmaceutical detailer for at least twelve (12) months.

History

• SOURCE: Final Rulemaking published at 55 DCR 9317 (August 29, 2008).

17 DCMR § 8304 APPLICATION FOR LICENSURE

8304.1 To apply for a license, an applicant shall:

(a) Meet the education requirements set forth under § 8302 of this chapter or the requirements for waiver under § 8303 of this chapter;

(b) Submit a completed application to the Board on the required forms and include:

(1) The applicant's social security number on the application. If the applicant does not have a social security number, the applicant shall:

(i) Submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

(ii) Provide the Board with his or her social security information once a social security number has been obtained;

(2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2"), which clearly expose the area from the top of the forehead to the bottom of the chin; and

(3) One (1) clear photocopy of a U.S. government-issued photo ID, such as a driver's license, as proof of identity.

(c) Submit an official certificate of graduation in a sealed envelope from the educational institution(s) to the Board, which shall verify that the applicant meets the educational requirements set forth under § 8302 of this chapter;

(d) Submit a notarized statement to the Board that he or she understands and agrees to abide by the requirements for the practice of pharmaceutical detailing, including the code of ethics as set forth in § 8305;

(e) If applying by waiver, submit two (2) letters of recommendation meeting the requirements under § 8303 of this chapter; and

(f) Pay all required fees.

8304.2 The Board shall make a decision whether to approve or to initiate the process to deny an application for licensure within sixty (60) days after receipt of a completed application package containing all required materials, information, and supporting documents.

8304.3 If the Board initiates the process to deny an application, the Board shall send a written notice to the Applicant of the Board’s decision to initiate the process within sixty (60) days. However, the formal denial process under the Administrative Procedures Act shall not be included within the sixty (60) day requirement.

History

• SOURCE: Final Rulemaking published at 55 DCR 9317 (August 29, 2008); as amended by Final Rulemaking published at 56 DCR 2951 (April 17, 2009).

17 DCMR § 8305 CODE OF ETHICS

8305.1 A pharmaceutical detailer shall not engage in any deceptive or misleading marketing of a pharmaceutical product, including the knowing concealment, suppression, omission, misleading representation, or misstatement of any material fact. Practices and conduct in compliance with the Food and Drug Administration’s laws, regulations, policies and guidelines shall not be deemed a violation of this subsection.

8305.2 A pharmaceutical detailer shall not use a title or designation that might lead a licensed health professional, or an employee or representative of a licensed health professional, to believe that the pharmaceutical detailer is licensed to practice medicine, nursing, dentistry, optometry, pharmacy, or any other similar health occupation, in the District of Columbia, unless the pharmaceutical detailer holds an active license to practice that health occupation.

8305.3 A pharmaceutical detailer shall not attend patient examinations without the express, written consent of the patient.

8305.4 A pharmaceutical detailer shall not willfully harass, intimidate, or coerce a licensed health professional, or an employee or representative of a licensed health professional through any form of communication, including through the sending of messages of disappointment for the failure to prescribe certain medications.

8305.5 For purposes of § 8305.4, the Board shall use a reasonable person standard to determine whether the conduct constitutes willful harassment, intimidation, or coercion.

8305.6 A pharmaceutical detailer shall not continue to make sales calls upon a health professional, or an employee or representative of a health professional after the health professional prescriber has requested in writing to the pharmaceutical detailer or the detailer's employer not to receive any further sales calls.

8305.7 For purposes of § 8305.6, unless the person continuing to make the sales calls has

actual knowledge of the request, a pharmaceutical manufacturer or labeler’s

employees and representatives will not be deemed to have knowledge of a health

care provider’s request until thirty (30) days after the health care provider submits

the written request to the pharmaceutical detailer or his or her employer.

8305.8 A pharmaceutical detailer shall not offer a gift or remuneration of any kind to a

member of a medication advisory committee; except that a pharmaceutical detailer may give medication samples to a member of a medication advisory committee that is also a licensed physician engaged in the practice of medicine.

8305.9 A pharmaceutical detailer shall not employ any inducement or misleading statements to gain

access to a healthcare professional.

8305.10 A pharmaceutical detailer shall provide information to healthcare professionals that is accurate and fairly balanced in compliance with FDA policy and practices on the provision of information to health care professionals. However, nothing in this section shall be construed to require a pharmaceutical detailer to promote a competitor’s product.

8305.11 In addition to the regulations set forth under this section, any holder of a license under this chapter or any person authorized to practice pharmaceutical detailing functions under this chapter shall comply with the standards of ethical and professional conduct established by the Pharmaceutical Research and Manufacturers of America (PhRMA) in its publication entitled “PhRMA Code on Interactions With Healthcare Professionals” as it may be amended or republished from time to time. Where there is a conflict between this publication and the regulations set forth in this Chapter or the provisions of the Act, the regulations and/or Act shall control.

History

• SOURCE: Final Rulemaking published at 55 DCR 9317 (August 29, 2008); as amended by Final Rulemaking Published at 56 DCR 2951 (April 17, 2009).

17 DCMR § 8306 CONTINUING EDUCATION REQUIREMENTS

8306.1 This section shall apply to applicants for the renewal, reactivation, or reinstatement of a license.

8306.2 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 8307 of this chapter.

8306.3 For the licensure period ending February 28, 2020, an applicant for renewal of a license shall:

Have completed a minimum of fifteen (15) contact hours of approved continuing education credit during the two (2) year period preceding the date the license expires, which shall include at least two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.); and

Attest to completion of the required continuing education credits on the renewal application form; and

Be subject to a random audit.

8306.4 Beginning with the licensure period ending February 28, 2022, an applicant for renewal of a license shall:

Have completed a minimum of fifteen (15) contact hours of approved continuing education credit during the two (2) year period preceding the date the license expires, which:

Shall include at least two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website; and

Attest to completion of the required continuing education credits on the renewal application form; and

Be subject to a random audit.

8306.5 For the licensure period ending February 28, 2020, to qualify for a license, a person in inactive status within the meaning of § 511 of the Act, D.C. Official Code § 3-1205.11 (2016 Repl.) who submits an application to reactivate a license shall submit proof pursuant to § 8306.9 of having completed fifteen (15) hours of approved continuing education credit, obtained within the two (2) year period preceding the date of the application for reactivation of that applicant’s license, and which shall include:

An additional eight (8) hours of approved continuing education credit for each additional year that the applicant was in inactive status beginning with the third year; and

At least two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5).

8306.6 Beginning with the licensure period ending February 28, 2022, to qualify for a license, a person in inactive status within the meaning of § 511 of the Act, D.C. Official Code § 3-1205.11 (2016 Repl.) who submits an application to reactivate a license shall submit proof pursuant to § 8306.9 of having completed fifteen (15) hours of approved continuing education credit, obtained within the two (2) year period preceding the date of the application for reactivation of that applicant’s license, and which shall include:

(a) An additional eight (8) hours of approved continuing education credit for each additional year that the applicant was in inactive status beginning with the third year;

(b) At least two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5); and

(c) At least ten percent (10%) of the total required continuing education in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

8306.7 For the licensure period ending February 28, 2020, to qualify for a license, an applicant for reinstatement of a license shall submit proof pursuant to § 8306.9 of having completed fifteen (15) hours of approved continuing education credit, obtained within the two (2) year period preceding the date of the application for reinstatement of the applicant’s license, and which shall include:

An additional eight (8) hours of approved continuing education credit for each additional year that the license was expired beginning with the third year; and

At least two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5), obtained within the two (2) year period preceding the date of the application for reinstatement of the applicant’s license and an additional eight (8) hours of approved continuing education credit for each additional year that the license was expired beginning with the third year.

8306.8 Beginning with the licensure period ending February 28, 2022, to qualify for a license, an applicant for reinstatement of a license shall submit proof pursuant to § 8306.9 of having completed fifteen (15) hours of approved continuing education credit, obtained within the two (2) year period preceding the date of the application for reinstatement of the applicant’s license, and which shall include:

An additional eight (8) hours of approved continuing education credit for each additional year that the license was expired beginning with the third year;

At least two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5), obtained within the two (2) year period preceding the date of the application for reinstatement of the applicant’s license and an additional eight (8) hours of approved continuing education credit for each additional year that the license was expired beginning with the third year; and

Beginning with the renewal period ending February 28, 2022, at least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

8306.9 Except as provided in § 8306.11, an applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

The hours of credit claimed; and

Verification by the sponsor of completion, by signature or stamp.

8306.10 The Board shall conduct a random audit of continuing education credits at the completion of each renewal period.

8306.11 Applicants for renewal of a license shall only be required to prove completion of the required continuing education credits by submitting proof pursuant to § 8603.9 if requested to do so as part of the random audit, or if otherwise requested to do so by the Board.

8306.12 Persons selected as a part of the Board’s random audit shall provide all requested documentation within no more than thirty (30) calendar days after receipt of the audit request or having been deemed served with receipt, whichever comes first.

8306.13 An applicant for renewal of a license who fails to renew the license by the date the license expires may renew the license for up to sixty (60) days after the date of expiration by completing the application, submitting the required supporting documents, and paying the required additional late fee. Upon renewal, the applicant shall be deemed to have possessed a valid license during the period between the expiration of the license and the renewal thereof.

8306.14 If an applicant for renewal of a license fails to renew the license and pay the late fee within sixty (60) days after the expiration of applicant's license, the license shall be considered to have lapsed on the date of expiration. The applicant shall thereafter be required to apply for reinstatement of an expired license and meet all requirements and fees for reinstatement.

8306.15 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew after expiration if the applicant's failure to renew was for good cause. As used in this section, "good cause" includes the following:

(a) Serious and protracted illness of the applicant; and

(b) The death or serious and protracted illness of a member of the applicant's immediate family.

8306.16 An extension granted under this section shall not exempt the licensee from complying with the continuing education requirements for any other renewal period.

History

• SOURCE: Final Rulemaking published at 55 DCR 9317 (August 29, 2008); as amended by Final Rulemaking published at 64 DCR 6630 (July 14, 2017); as amended by Final Rulemaking published at 67 DCR 7468 (June 12, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8306

17 DCMR § 8307 APPROVED CONTINUING EDUCATION PROGRAMS

8307.1 The Board may, in its discretion, approve continuing education programs that contribute to the growth of an applicant in professional competence in the practice of pharmaceutical detailing and which meet the other requirements of this section.

8307.2 The Board may approve continuing education programs that meet the requirements of § 8307.3 and provide instruction in one of the following subjects:

(a) General medical and pharmaceutical terminology and abbreviations;

(b) Food and Drug Administration laws and regulations pertaining to drug marketing, labeling, and clinical trials;

(c) The cost-effectiveness of pharmacological treatments;

(d) Therapeutic drug classes and categories;

(e) Professional ethics;

(f) Properties and actions of drugs and drug delivery mechanisms;

(g) Etiologies, characteristics, and therapeutics of disease states;

(h) Pharmacology; and

(i) The anatomical and physiological effect of pharmaceuticals.

8307.3 To qualify for approval by the Board, a continuing education program shall be an educational program given at a conference, a lecture, seminar, course of instruction, workshop, or on the Internet, and be prepared, offered, or administered by one of the following:

(a) A nationally or locally accredited program provider;

(b) A governmental unit;

(c) A health care facility;

(d) A pharmaceutical company; or

(e) An institution of higher learning recognized by an accrediting body approved by the Secretary of the United States Department of Education.

8307.4 The Board may issue a list of approved continuing education programs.

8307.5 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

8307.6 The Board may approve the following continuing education activities by an applicant:

(a) Serving as an instructor or speaker at a lecture, conference, seminar, workshop, course of instruction, or in-service training; and

(b) Publication of an article or book review in a professional journal or bulletin or publication of a book or chapter in a book.

History

• SOURCE: Final Rulemaking published at 55 DCR 9317 (August 29, 2008).

17 DCMR § 8308 CONTINUING EDUCATION CREDITS

8308.1 A minimum of fifty (50) minutes shall constitute one (1) contact hour.

8308.2 For approved undergraduate courses, each semester hour of credit shall constitute fifteen (15) contact hours of continuing education credit.

8308.3 The Board may grant credit to an applicant who serves as an instructor or speaker at an acceptable program for both preparation and presentation time, subject to the following restrictions:

(a) The maximum amount of credit which may be granted for preparation time shall be twice the amount of the associated presentation time; and

(b) The maximum amount of credit which may be granted pursuant to this subsection shall be fifty percent (50%) of an applicant's continuing education requirement; and

(c) The presentation shall have been completed during the period for which credit is claimed.

8308.4 The Board may grant an applicant who is an author or editor of a published book fifteen (15) continuing education credits, if the book has been published or accepted for publication during the period for which credit is claimed, and the applicant submits proof of this fact in the application.

8308.5 The Board may grant an applicant who is an author of a published original paper five (5) continuing education credits, subject to the same restrictions set forth for books in § 8308.4.

8308.6 The Board may grant an applicant who is the sole author of a published book review, review paper, or abstract, two (2) continuing education credits, subject to the same restrictions set forth for books in § 8308.4.

History

• SOURCE: Final Rulemaking published at 55 DCR 9317 (August 29, 2008); as amended by Final Rulemaking published at 56 DCR 2951 (April 17, 2009).

17 DCMR § 8309 AUTHORITY TO COLLECT INFORMATION AND RECORD RETENTION

8309.1 In carrying out its functions under the Act, the Board of Pharmacy and an agent acting on its behalf is authorized to collect information from licensed pharmaceutical detailers relating to their communications with licensed health professionals, or with employees or representatives of licensed health professionals, located in the District.

8309.2 Upon receipt of a verbal or written request by the Board or its agent for information pursuant to § 8309.1 of this chapter, a pharmaceutical detailer shall provide the requested information within ten (10) business days of the request.

8309.3 Refusal by a pharmaceutical detailer to provide the requested information with the time allotted shall constitute a basis for disciplinary action under the Health Occupations Revision Act of 1985, effective march 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01 et seq.)

8309.4 A pharmaceutical detailer shall retain documents and information relating to his or her communications with licensed health professionals, or with employees or representatives of licensed health professionals, located in the District for a period of five years from the date of the communication or contact.

8309.5 Within ten (10) days of leaving the employ of a pharmaceutical company, a pharmaceutical detailer shall provide written notification to the Board of his or her departure and the name, address, email, and telephone number of the person within the company who may be contacted for retrieving the records required to be maintained under this chapter.

8309.6 For purposes of complying with this section, a pharmaceutical detailer shall maintain documents and information relating to his or her communications with licensed health professionals or with employees or representatives of licensed health professionals that include but are not limited to:

(a) The name, business address, and telephone number of the healthcare

professional the detailer visited;

(b) The date, time and location of the visit:

(c) The products discussed;

(d) Whether samples were provided; and

(e) The type of materials provided to the health care professional, if applicable.

History

• SOURCE: Final Rulemaking published at 55 DCR 9317 (August 29, 2008); as amended by Final Rulemaking Published at 56 DCR 2951 (April 17, 2009).

17 DCMR § 8310 LICENSURE AND RENEWAL FEES

8310.1 The fees related to pharmaceutical detailers are as follows:

(a) Initial license fee $175.00

(b) Biennial renewal fee $165.00

(c) Late fee $85.00

(d) Duplicate certificate $34.00

(e) License verification $34.00

History

• SOURCE: Final Rulemaking published at 55 DCR 9317 (August 29, 2008).

17 DCMR § 8311 SUPERVISED PRACTICE

An applicant for a pharmaceutical detailer license may engage in the supervised practice of pharmaceutical detailing under the supervision of a licensed pharmaceutical detailer for a period not to exceed sixty (60) days under the following conditions:

The applicant has an initial application for licensure pending before the

Board;

Has received a supervised practice letter from the Board; and

Has not previously received a supervised practice letter from the Board.

8311.2 The supervising pharmaceutical detailer shall be fully responsible for the

supervised practice of the supervisee during the period of supervision, and is

subject to disciplinary action for any violation of the Act or this chapter by the

person being supervised.

8311.3 A supervisee shall be subject to all applicable provisions of the Act and

this chapter.

8311.4 If the Board finds that a person practicing under supervision has violated the Act

or this title, the Board may, in addition to any other disciplinary actions permitted

by the Act, deny, revoke, suspend, or restrict the privilege of the supervisee to

practice.

History

• SOURCE: Notice of Final Rulemaking published at 56 DCR 2951 (April 17, 2009).

17 DCMR § 8399 DEFINITIONS

8399.1 As used in this Chapter the following terms shall have the meanings ascribed:

Act - SafeRx Amendment Act of 2008, effective March 26, 2008 (D.C. Law 17-0131; 55 DCR 4462, published on April 25, 2008 (the Act), and Mayor's Order 2008-XXX, dated May XX, 2008.

Applicant- A person applying for a license to practice pharmaceutical detailing under this chapter.

Board - the Board of Pharmacy, established by § 208 of the Act, D.C. Official Code § 3-1202.08.

Conference - (1) A meeting, symposium, exposition, exhibit, convention, assembly, or like gathering, including meetings of a regional, national, or international professional association, society, or body, for the discussion of health-related issues consisting of multi-pharmaceutical company or labeler representation and targeting a regional, national, or international audience; or (2) a scientific or medical educational meeting or symposium that is accredited by a nationally recognized healthcare professional education accreditation body (e.g., the Accreditation Council for Continuing Medical Education, the Accreditation Council for Pharmacy Education, and the American Nurses Association).

Department - Department of Health

Director - Director of the Department

District of Columbia Family Medical Leave Act - District of Columbia Family Medical Leave Act of 1990, effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code § 32-501 et seq.)

Family Medical Leave Act - Family Medical Leave Act of 1993, approved February 5, 1993 (107 Stat. 7; 29 U.S.C. § 2601 et seq.)

FDA - the federal Food and Drug Administration

HORA - Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01 et seq.) Institution of Higher Education- as defined in § 101 of the Higher Education Act of 1965, as amended, approved October 7, 1998 (112 Stat. 1581; 20 U.S.C. § 1001).

Labeler - An entity or person that receives pharmaceutical products from a manufacturer or wholesaler and repackages those pharmaceuticals for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 C.F.R. § 207.20.

Manufacturer - a manufacturer of pharmaceutical products and includes subsidiary or affiliate of a manufacturer.

Medication Advisory Committee - any committee or panel that is responsible for making recommendations or decisions regarding a formulary to be used by a health program administered by the government of the District of Columbia.

Multi-pharmaceutical or labeler representation- at least three or more pharmaceutical companies or labelers which shall not be subsidiaries, or affiliations of the same company or parent company.

Pharmaceutical Company - any entity that is engaged in, either directly or indirectly, the production, preparation, propagation, compounding, manufacturing, conversion or processing of a drug or biologic product, including any person acting as its agent or representative.

Pharmaceutical Detailer: a person licensed under the Act to engage in the practice of pharmaceutical detailing.

Pharmaceutical Product - a drug or biologic regulated by the federal Food and Drug Administration.

Practice of Pharmaceutical detailing - the practice by a representative of a pharmaceutical manufacturer or labeler of communicating in person with a licensed health professional, or an employee or representative of a licensed health

Sales Call- any in person communication with a health care professional or his or her employees or representatives for the direct purpose of selling marketing, or promoting a pharmaceutical product, or providing information about a pharmaceutical product for the purpose of selling, marketing, or promoting such pharmaceutical product on behalf of a pharmaceutical manufacturer or labeler.

History

• SOURCE: Final Rulemaking published at 55 DCR 9317 (August 29, 2008); as amended by Final Rulemaking published at 56 DCR 2951 (April 17, 2009); as amended by Final Rulemaking published at 57 DCR 5739, 5740 (July 2, 2010).

17-84 SPEECH-LANGUAGE PATHOLOGY CLINICAL FELLOW

17 DCMR § 8400 GENERAL PROVISIONS

8400.1 This chapter shall apply to applicants for and holders of a registration to practice as speech-language pathology clinical fellow.

8400.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 79 (Speech-Language Pathology) of this title shall supplement this chapter.

8400.3 Except as provided in § 8400.4, no person may practice as a clinical fellow in speech-language pathology in the District unless duly registered under this chapter.

8400.4 The registration requirement under this chapter shall not be applicable to a clinical fellowship initiated and ongoing as of the effective date of this chapter provided that the clinical fellowship was initiated and conducted in accordance with the Certification of Clinical Competence standards of the American Speech-Language-Hearing Association (ASHA).

History

• SOURCE: Final Rulemaking published at 64 DCR 6632 (July 14, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8400

17 DCMR § 8401 TERM OF REGISTRATION

8401.1 Except as provided otherwise, a registration issued pursuant to this chapter shall expire one (1) year from the date of issuance or on the expiration date shown on the registration.

8401.2 A registration issued pursuant to this chapter shall not be valid for more than eighteen (18) months, unless the Board extends the period for good cause shown. In any event, the clinical fellowship shall be completed within a period of no more than twenty-four (24) months.

8401.3 A registration shall not be issued unless the applicant is seeking to begin the clinical fellowship in speech-language pathology within two (2) years of the conferral of the applicant’s qualifying degree. In any event, the clinical fellowship shall be completed within three and a half (3.5) years from the date of conferral of the degree.

History

• SOURCE: Final Rulemaking published at 64 DCR 6632 (July 14, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8401

17 DCMR § 8402 EDUCATIONAL REQUIREMENTS

8402.1 To qualify for registration under this chapter, an applicant shall have graduated with a Master’s or Doctoral Degree in speech-language pathology from a recognized educational institution whose speech language pathology program is accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology, an accrediting body recognized by the United States Department of Education, or an equivalent accrediting body as determined by the Board.

History

• SOURCE: Final Rulemaking published at 64 DCR 6632 (July 14, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8402

17 DCMR § 8403 APPLICATION FOR REGISTRATION

8403.1 An applicant for registration shall submit a complete application in accordance with § 4001 of this title, which shall also include:

Satisfactory evidence of the applicant’s graduation with the requisite degree in accordance with § 8402.1;

A notification of clinical fellowship supervision submitted by a speech-language pathologist licensed in the District, meeting the requirement of § 8404.2.

8403.2 A clinical fellow shall notify the Board within ten (10) business days of any change in the supervision, supervisor, or clinical fellowship.

History

• SOURCE: Final Rulemaking published at 64 DCR 6632 (July 14, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8403

17 DCMR § 8404 SUPERVISION OF CLINICAL FELLOWS

8404.1 A clinical fellow registered under this chapter may practice only under general supervision of a speech-language pathologist licensed in the District in accordance with Chapter 78 of this title.

8404.2 To qualify as supervisor of a clinical fellow, a speech-language pathologist shall meet the following requirements:

Holds a valid District of Columbia license in speech-language pathology;

Be engaged in a lawful practice of speech-language pathology for a minimum of two (2) years;

Not be the subject of a public disciplinary action by a board or regulating body within the previous two (2) years; and

Not supervise more than three (3) clinical fellows at any given time.

8404.3 A clinical fellow supervisor shall provide:

A minimum of thirty-six (36) hours of supervisory activities during the clinical fellowship, including a minimum of two (2) hours of monitoring activities each month;

Ongoing mentoring, which shall include on-site observations and other mentoring activities; and

Formal evaluations of the clinical fellow’s performance of clinical and other related activities.

History

• SOURCE: Final Rulemaking published at 64 DCR 6632 (July 14, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8404

17 DCMR § 8405 SCOPE OF PRACTICE

8405.1 The clinical fellowship shall consist of an employment, with or without direct compensation, as a professional in the field of speech-language pathology under general supervision with a minimum of thirty-five (35) hours of work per week. This requirement may also be met with part-time employment as follows:

Fifteen (15) to nineteen (19) hours a week, for a period of eighteen (18) months;

Twenty (20) to twenty-four (24) hours a week, for a period of fifteen (15) months; or

Twenty-five (25) to twenty-nine (29) hours a week, for a period of twelve (12) months.

8405.2 At least eighty percent (80%) of the clinical fellowship shall involve direct client contact, which includes the following:

Assessment, diagnosis, evaluation, and treatment;

Screening;

Habilitation and rehabilitation; and

Activities related to case management.

8405.3 The remaining twenty percent (20%) may be composed of supervised activities such as writing, research or planning.

8405.4 The activities included in a clinical fellowship shall consist of the following:

Conducting evaluations and treatment procedures;

Interpreting test results;

Determining case selections;

Designing treatment programs;

Collecting data and documenting performance;

Maintaining clinical records;

Providing written or oral reports (progress notes, diagnostic reports) regarding patients’ or clients’ status;

Making referrals; and

Participating in case conferences.

History

• SOURCE: Final Rulemaking published at 64 DCR 6632 (July 14, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8405

17 DCMR § 8406 STANDARDS OF CONDUCT

8406.1 A registered clinical fellow shall abide by the Code of Ethics adopted by the American-Speech-Hearing Association (ASHA).

8406.2 A registered clinical fellow shall identify himself or herself as a clinical fellow at all times when providing speech-language pathology services.

History

• SOURCE: Final Rulemaking published at 64 DCR 6632 (July 14, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8406

17 DCMR § 8499 DEFINITIONS

8499.1 The following terms and phrases shall have the meanings ascribed:

Applicant – a person applying for a registration to practice as a speech-language pathology clinical fellow under this chapter.

Board – the Board of Audiology and Speech-Language Pathology, established by Section 841 of the Audiology and Speech-Language Pathology Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-219; D.C. Official Code § 3-1208.41 (2007 Repl.)).

Clinical fellow – a person who is registered pursuant to this chapter and completing the clinical fellowship requirements set forth under 17 DCMR § 7903.

Clinical fellow supervisor – a speech-language pathologist who is the supervisor of a clinical fellow.

Clinical fellowship – a period of supervised and mentored professional experience in the practice of speech-language pathology engaged by a person with a graduate degree in speech-language pathology in order to qualify for independent practice or licensure.

General supervision – supervision in which the clinical fellow supervisor is available to the clinical fellow under supervision, either in person or by a communications device.

Good cause – serious illness of the applicant, the death or serious illness of a member of the applicant’s immediate family, or other cause sufficient to the Board.

Supervision – on-site or other personal and direct oversight and involvement of a clinical fellow supervisor in any and all ways that will permit the supervisor to monitor, improve, and evaluate the clinical fellow’s performance in professional employment according to the degree of oversight and involvement necessary to support the particular clinical fellow’s development in self-recognition of clinical and professional strengths and areas requiring additional development of skills.

History

• SOURCE: Final Rulemaking published at 64 DCR 6632 (July 14, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8499

17-85 LICENSED, REGISTERED, OR CERTIFIED HEALTH PROFESSIONAL CRIMINAL BACKGROUND CHECKS

17 DCMR § 8500 GENERAL PROVISIONS

8500.1 These rules are promulgated pursuant to the “Licensed Health Professional Criminal Background Check Amendment Act of 2006”, effective March 6, 2007 (D.C. Law 16-222, D.C. Official Code § 3-1205.22 et seq.)(hereinafter “the Act”).

8500.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) shall supplement this chapter.

History

• Source: Final Rulemaking published at 56 DCR 6025 (July 31, 2009).

17 DCMR § 8501 BACKGROUND CHECK REQUIREMENT

8501.1 If an applicant for a license, registration, or certification is not or has not been licensed, registered, or certified in another state, the applicant shall be required to undergo a fingerprint scan criminal background check (CBC). The license, registration, or certification shall not be issued until the board with the authority to regulate the health professional, pursuant to D.C. Official Code §§ 3-1201.01 et seq., has completed a review of the applicant’s CBC in accordance with the provisions of this chapter.

8501.2 If an applicant for initial licensure, registration, or certification, by endorsement, has not had a state and FBI CBC conducted in the jurisdiction from which he or she is endorsing, within the last two (2) years, the applicant shall be required to undergo a fingerprint scan CBC.

8501.3 If an applicant for licensure, registration, or certification, by endorsement, has had a state and FBI CBC in the jurisdiction from which he or she is endorsing within the last two (2) years, then the applicant shall be required to undergo a CBC based on the applicant’s name, gender, Social Security number, date of birth, and mailing address.

8501.4 A person renewing his or her license, registration, or certification shall be required to undergo a fingerprint scan CBC or a CBC based on a name search, which shall include the applicant’s gender, Social Security number, date of birth, and mailing address. The CBC shall occur at a two (2) year interval coinciding with the renewal date of the respective profession.

8501.5 A person applying for reinstatement, reactivation, or for a higher level license, registration, or certification in a specific profession shall be required to undergo a CBC if the applicant has not had a CBC done within the two (2) years prior to the date of his or her application.

8501.6 The CBC shall disclose the criminal history of the prospective applicant in the District of Columbia or in any other state or territory of the United States.

8501.7 An applicant for an initial license, registration, or certification shall present a current driver’s license or government-issued identification, containing a facial photograph, to verify his or her identity in order to obtain a fingerprint scan CBC.

History

• SOURCE: Licensed Health Professional Criminal Background Check Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-22, D.C. Official Code §§ 3-1205.22 et seq.); as amended by Final Rulemaking published at 56 DCR 6025, 6026 (July 31, 2009); as amended by Final Rulemaking published at 57 DCR 7901 (August 27, 2010); as amended by Final Rulemaking published at 65 DCR 6032 (June 1, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8501

17 DCMR § 8502 FEES

8502.1 An applicant for a license, registration, or certification shall pay the CBC processing fee.

History

• SOURCE: Final Rulemaking published at 56 DCR 6025, 6026 (July 31, 2009); as amended by Final Rulemaking published at 65 DCR 6032 (June 1, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8502

17 DCMR § 8503 RECORDKEEPING

8503.1 The Health Regulation & Licensing Administration shall maintain a record of the most recent date on which a CBC was performed.

8503.2 The Health Regulation & Licensing Administration shall not disclose CBC records obtained for the purpose of licensure, registration, or certification except:

(a) To the Director during an official inspection or investigation of a facility;

(b) To the person who is the subject of the CBC;

(c) To comply with a court order; or

(d) To any person, with the written consent and authorization of the person who is the subject of the CBC.

History

• SOURCE: Final Rulemaking published at 56 DCR 6025, 6026 (July 31, 2009); as amended by Final Rulemaking published at 65 DCR 6032 (June 1, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8503

17 DCMR § 8504 [REPEALED]

History

• SOURCE: Final Rulemaking published at 56 DCR 6025, 6027 (July 31, 2009); as amended by Final Rulemaking published at 65 DCR 6032 (June 1, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8504

17 DCMR § 8505 ILLEGIBLE FINGERPRINT CARDS

8505.1 If an applicant’s fingerprint scan is rejected two (2) or more times because the scans are unreadable, a CBC shall be conducted based on the applicant’s name, gender, Social Security number, date of birth, and mailing address.

History

• SOURCE: Licensed Health Professional Criminal Background Check Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-222, D.C. Official Code §§ 3-1205.22 et seq.); as amended by Final Rulemaking published at 56 DCR 6025, 6028 (July 31, 2009); as amended by Final Rulemaking published at 65 DCR 6032 (June 1, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8505

17 DCMR § 8506 BOARD REVIEW

8506.1 If the CBC reveals that the applicant has been convicted in any jurisdiction of any crime involving moral turpitude, pursuant to D.C. Official Code § 3-205.14(a)(4), before making a determination as to whether the applicant shall be licensed, registered, or certified, the board shall afford the applicant the opportunity to appear before the board and present evidence to assist the board prior to making a final decision as to the disposition of the application.

History

• SOURCE: Final Rulemaking published at 56 DCR 6025, 6028 (July 31, 2009); as amended by Final Rulemaking published at 65 DCR 6032 (June 1, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8506

17 DCMR § 8599 DEFINITIONS

8599.1 For the purposes of this chapter, the following terms shall have the meanings ascribed:

Act - Licensed Health Professional Criminal Background Check Amendment Act of 2006.

Applicant - A person applying for a license, registration, or certification to practice a health profession in the District of Columbia.

Criminal background check – An investigation into a person’s history by the appropriate state and federal authorities or approved vendor to determine whether the person has been convicted of a crime in the District of Columbia or in any other state or territory of the United States.

Director - The Director of the Department of Health or his or her designee.

Health professional - A person who holds a license, certification, or registration issued under the authority of this subtitle or the Act.

History

• SOURCE: Final Rulemaking published at 56 DCR 6025, 6028 (July 31, 2009); as amended by Final Rulemaking published at 65 DCR 6032 (June 1, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8599

17-86 PSYCHOLOGY ASSOCIATE

17 DCMR § 8600 GENERAL PROVISIONS

This chapter shall apply to applicants for and holders of a registration

license to practice as a psychology associate.

8600.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health

Occupations: Administrative Procedures) of this title shall supplement

this chapter.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3246 (April 15, 2011).

17 DCMR § 8601 TERM OF REGISTRATION

Subject to § 8601.2, a registration to practice as a psychology associate issued pursuant to this chapter shall expire at 11:59 p.m. of December 31 of each odd-numbered year.

8601.2 The Director may modify the expiration date of registrations issued pursuant to this chapter pursuant to § 4006.3.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3246 (April 15, 2011).

17 DCMR § 8602 EDUCATION REQUIREMENTS

Except as otherwise provided in this chapter, an applicant for registration to practice as a psychology associate shall furnish proof satisfactory to the Board, in accordance with § 906 of the Act (D.C. Official Code § 3-1209.06), that the applicant has graduated with a master’s or doctoral degree focusing on psychology from a program judged by the Board to be substantially equivalent in subject matter and extent of training to a master’s or doctoral degree in psychology from an institution which was accredited, at the time the degree was conferred, by an accrediting body recognized by the Secretary of the United States Department of Education or the Council on Postsecondary Accreditation.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 3246, 3247 (April 15, 2011); as corrected by Errata Notice published at 59 DCR 8356 (July 13, 2012).

17 DCMR § 8603 INTERVIEW

8603.1 The Board may require an applicant for a license to practice as a psychology associate to be interviewed with respect to

his or her past and present education and experience in relation to psychology to determine whether the applicant meets the requirements of the Act and this chapter.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3246, 3247 (April 15, 2011).

17 DCMR § 8604 APPLICANT EDUCATED IN FOREIGN COUNTRIES

8604.1 The Board may grant a registration to practice as a psychology associate

to an applicant who completed an educational program in a college or university in a foreign country which is not accredited in accordance with § 8602 if the applicant:

Meets all requirements of this chapter except for § 8602.1; and

(b) Demonstrates to the satisfaction of the board that the applicant’s

education and training are substantially equivalent to the requirements of this chapter and the Act in ensuring that the applicant is qualified

to practice as a psychology associate by submitting documentation required by § 8604.2 of this section.

8604.2 An applicant under this section shall, in lieu of meeting the requirements

of § 8602.1, submit one (1) of the following:

Proof satisfactory to the Board that the applicant has received a

master’s degree or higher from a foreign institution which was accredited, at the time the degree was conferred, by an accrediting body recognized by the national government of the country in which the institution is located; or

A certification from a private education evaluation service approved by the Board that the applicant’s foreign education is substantially equivalent to the education provided in an accredited program.

8604.3 If a document required by this chapter is in a language other than English,

an applicant shall arrange for its translation into English by a translation

service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3246, 3247 (April 15, 2011).

17 DCMR § 8605 DISTRICT EXAMINATION

To qualify for a registration under this chapter, an applicant shall

receive a passing score on an examination developed by the Board on laws, rules, and ethical standards pertaining to the practice of psychology (the District examination).

8605.2 The Board shall administer the District examination at least three (3) times

a year.

8605.3 An applicant shall not be eligible to take the District examination until all

other requirements for a registration are met.

8605.4 The District examination may consist of questions on the following:

(a) The District of Columbia laws and regulations concerning the practice of psychology; and

(b) The Code of Ethics of the American Psychological Association.

8605.5 An applicant who fails the District examination on two (2) consecutive

attempts may not retake the examination for six (6) months following the

second failure. Thereafter, the applicant may not retake the examination

for one (1) year after each failure.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3246, 3248 (April 15, 2011).

17 DCMR § 8606 CONTINUING EDUCATION REQUIREMENTS

8606.1 Subject to § 8606.2, this section applies to applicants for the renewal, reactivation, or reinstatement of a registration.

8606.2 This section does not apply to applicants for an initial registration or applicants for the first renewal after the initial grant of a registration.

8606.3 To qualify for the renewal of a registration, an applicant shall have completed thirty (30) hours of approved continuing education credits during the two (2)-year period preceding the date the registration expires, which shall also meet the following requirements:

(a) At least fifteen (15) hours of approved continuing education shall be completed in live program(s);

(b) Ten percent (10%) of the required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate; and

(c) Three (3) hours shall be in ethics and two (2) hours shall be LGBTQ continuing education.

8606.4 An applicant in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11) who submits an application to reactivate a registration shall submit proof of having completed thirty (30) hours of approved continuing education, including three (3) hours of ethics and two (2) hours of LGBTQ continuing education, provided further that ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

8606.5 An applicant for reinstatement of a registration shall submit proof of having completed thirty (30) hours of approved continuing education, including three (3) hours of ethics and two (2) hours of LGBTQ continuing education, provided further that ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

8606.6 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 8607.

8606.7 An applicant under this section shall prove completion of the required continuing education credits by submitting with the application the following information with respect to each continuing education program or activity:

The name and address of the sponsor of the program;

The name of the program and its location;

A description of the subject matter covered;

A complete schedule with time allotments for each topic or subtopic and lunch or breaks, and the name of each instructor or speaker;

The date(s) on which the applicant participated in the program;

The hours of continuing education credit claimed; and

A copy of the continuing education completion verification document that includes the sponsor’s signature and seal.

8606.8 An applicant under this section shall prove completion of continuing education course work that was audited by submitting with the application a signed statement from the instructor on college stationery for each class attended.

History

• SOURCE: Final Rulemaking published at 58 DCR 3246, 3248 (April 15, 2011); as corrected by Errata Notice published at 59 DCR 8356 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 8268 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 12988 (October 4, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8606

17 DCMR § 8607 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

8607.1 Only continuing education programs and activities approved by the Board shall be counted toward meeting the required number of continuing education hours.

8607.2 The Board may, in its discretion, approve continuing education programs and activities that contribute to the growth of an applicant in professional competence in the practice of psychology and which meet the other requirements of this section.

8607.3 The Board may approve the following types of continuing education programs if the programs meet the requirement of § 8607.3:

(a) A seminar or workshop;

(b) An education program given at a conference;

(c) In-service training; and

(d) An online or home study course; or

An undergraduate or graduate course given at an accredited college or university provided that the undergraduate course shall be acceptable only if the Board determines that the course is required or needed by the registrant as an introductory component of a professional development plan for the purpose of entering an area of psychology for which the registrant is currently not qualified to practice independently.

8607.4 To qualify for Board approval, a continuing education program shall:

Be current in its subject matter;

Be developed by qualified individuals of whom one shall be a psychologist;

(c) Be taught or facilitated by at least one (1) qualified individual; and

(d) Meet one (1) of the following requirements:

The program shall be administered by an accredited college or university;

The program shall be approved by a Board-recognized

psychology organization or accredited health care facility; or

(3) The program is approved by the Board. In order to be

approved by the Board, the program sponsor shall submit to the Board for review at least sixty (60) days prior to the start of the program the following:

(A) The sponsor’s name and address;

The program’s name;

The location;

A description and specific goals;

(E) The target audience’s maximum size and professional level (Master’s or doctorate);

(F) The program’s tentative or actual schedule, including the allotted time for lunch, breaks and topic headings or subheadings;

(G) An appropriately constructed evaluation form and continuing education completion verification document;

(H) The name and credentials of each instructor or speaker including relevant education, training, research, publications, work samples(s), honor or awards, special recognition; and

(I) If applicable, the evaluation results of comparable

programs or activities previously conducted by the

sponsor.

8607.5 The Board shall maintain a list of approved continuing education programs on its website.

8607.6 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

8607.7 The Board may approve the following continuing education activities:

Serving as an instructor or speaker at a conference, seminar, workshop, or in-service training;

Being the author or coauthor of an article (including “critiques” and “responses”) or a book review in a professional journal or periodical, or author or coauthor of a book or book chapter;

Serving as an editor (including “associate” and “junior” levels) for a professional journal, periodical, or book;

Serving as an article reviewer for a professional journal or periodical; or

Having developed an online or home study continuing education course.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 3246, 3250 (April 15, 2011); as corrected by Errata Notice published at 59 DCR 8356, 8357 (July 13, 2012).

17 DCMR § 8608 CONTINUING EDUCATION CREDITS

8608.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

8608.2 The Board may grant a maximum of ten (10) continuing education credits per licensure period to an applicant who participates in one (1) or more in- service education programs.

8608.3 The Board may grant a maximum of fifty percent (50%) of an applicant’s continuing education requirement for completing continuing education activities under § 8607.6.

8608.4 The Board may grant credit to an applicant who serves as an instructor or speaker at an approved program for preparation and presentation time, subject to the restrictions under § 8608.7 through § 8608.9.

8608.5 The amount of continuing education credit that may be granted shall be fifty percent (50%) of the amount of actual presentation time.

8608.6 If an applicant has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject.

8608.7 The presentation shall have been completed during the period for which credit is claimed.

8608.8 The Board may grant continuing education credit under § 8607.6 only if the applicant proves to the satisfaction of the Board that the work has been published or accepted for publication during the period for which credit is claimed.

8608.9 The Board may grant continuing education credits for the following

activities in the following amounts:

For serving as a reviewer of articles submitted for publication, one (1) continuing education credit may be granted for each article reviewed up to a maximum of three (3) articles;

For providing a published critique or response to a published article, one (1) continuing education credit may be granted up to a maximum of three (3) critiques or responses;

For publishing an article, a maximum of three (3) continuing education credits may be granted;

For publishing a book, a maximum of fifteen (15) continuing education credits may be granted;

For serving as a co-editor of a published book, a maximum of fifteen (15) continuing education credits may be divided among the co-editors with each co-editor receiving at least three (3) continuing education credits;

(f) For publishing a book chapter, a maximum of three (3) continuing

education credits may be granted;

(g) For reviewing a book, a maximum of three (3) continuing education credits may be granted;

For serving as a senior editor for a journal or periodical, a maximum of twelve (12) continuing education credits may be granted;

For serving as an associate editor for a journal or periodical, a maximum of nine (9) continuing education credits may be granted;

For serving as a junior (or comparable level) editor, six (6) continuing education credits may be granted;

For serving as a speaker or instructor for a seminar, workshop,

conference, or in-service training, a maximum of six (6) continuing education credits per total presentation time may be granted; or

For serving as a developer of an online or home study continuing education course, a maximum of three (3) continuing education credits per course may be granted.

8608.10 A licensee shall receive no more than fifteen (15) continuing education credits for any combination of the activities listed in § 8608.11 or for completing any combination of online and home study courses.

8608.11 No continuing education credit shall be awarded for any activity of a licensee if either of the following is true:

The activity is an expected responsibility of a paid position held by the licensee (such as a professor on a tenure track publishing an article); or

The licensee received compensation for the activity (including honoraria) or the licensee shall receive compensation in the future.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3246, 3252 (April 15, 2011).

17 DCMR § 8610 REGISTRATION BY ENDORSEMENT

8610.1 The Board shall issue a registration by endorsement to a psychology associate who has a valid, unrestricted registration in good standing from another jurisdiction of the United States and who meets all other requirements of this section.

An applicant for registration by endorsement as a psychology associate

shall submit with a completed application the following:

Official, certified proof of registration as a psychology associate in good standing from another jurisdiction of the United States; and

Proof pursuant to § 8602.1.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3246, 3254 (April 15, 2011).

17 DCMR § 8611 SUPERVISION OF PSYCHOLOGY ASSOCIATES

8611.1 A supervisor of a psychology associate shall supervise only in those areas

within the supervisor’s competence based on the supervisor’s education,

training, and experience. The supervisor shall delegate supervisory

responsibility to another psychologist or psychiatrist to ensure that the

psychology associate receives appropriate supervision in areas outside of

the expertise of the original supervisor.

Appropriate supervision is determined by the following:

Education, training, and experience of the psychology associate;

Nature and extent of the services to be performed by the psychology associate; and

Setting in which the services are to be performed.

A supervisor may supervise a maximum of five (5) psychology associates

at any one (1) time.

A supervisor shall ensure that a psychology associate is practicing within

the scope of the psychology associate’s competencies as demonstrated by the psychology associate’s documented training and experience in a

particular area of practice.

A supervisor shall maintain appropriate documentation of the nature and

extent of the supervision provided or delegated, including the dates, duration, and focus of the supervisory sessions. The supervisor shall provide a reason for any delegation of supervisory responsibility.

Pursuant to § 8611.5 a supervisor shall provide documentation requested

upon demand by an individual authorized by the board.

A supervisor shall not engage in supervision of a psychology associate

who is a friend or relative.

A supervisor shall immediately report to the Board, by certified mail, the

date of termination of the supervisory relationship with a psychology

associate.

A supervisor shall be responsible for all services provided by a

psychology associate under the supervisor’s supervision.

A psychology associate shall inform the supervisor of all complaints,

formal or informal, about the services provided by the psychology associate.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3246, 3255 (April 15, 2011).

17 DCMR § 8612 STANDARDS OF CONDUCT

A registrant shall adhere to standards set forth in the “Ethical Principles

of Psychologists and Code of Conduct” as published from time to time

by the American Psychological Association.

A psychology associate shall not reveal to another person a communication made to the psychology associate by a client about a

matter where the client has utilized the services of the psychology associate in a professional capacity. This section shall not

apply to:

(a) A case conference with other mental health professionals or with

physicians or surgeons;

(b) A case in which the client authorized, in writing, the psychology

associate to reveal a communication;

A case where an immediate threat of serious physical harm to an

identifiable victim is communicated to the psychology associate by

a client;

Evidence in criminal cases where the accused is charged

with causing the death of, or inflicting injuries upon, a human

being, and the disclosure is required in the interest of public

justice;

Evidence relating to the mental competency or sanity of an accused person in a criminal trial where the accused person raises the defense of insanity or where the court is required under prevailing law to raise the defense sua sponte, or in the pretrial or post-trial proceedings involving a criminal case where a question arises concerning the mental condition of an accused person or convicted person;

Evidence relating to the mental competency or sanity of a child alleged to be delinquent, neglected, or in need of supervision in any proceeding before the Family Division of the District of Columbia Superior Court;

Evidence in criminal or civil cases where a person is alleged to have defrauded the District of Columbia or federal government in relation to receiving or providing services under the District of Columbia medical assistance program authorized by Title 19 of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. §§ 1396, et seq.)

Proceedings conducted by the Office of Administrative

Hearings where the disclosure of confidential communications is

necessary to defend against charges that the psychology associate

has violated provisions of this chapter or the Act; or

Information regarding incidents of child abuse as required pursuant to the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code § 4-1321.02(b)).

A psychology associate shall refer to himself or herself as a “psychology

associate under the supervision of (name and license number of supervisor)” in all written and oral communications relating to the provision of psychological services.

A psychology associate shall not refer to himself or herself as a

psychologist, either orally or in writing, and shall discourage others from

making these representations.

A supervisor or psychology associate shall inform clients of the

supervision arrangement and its possible implications for insurance

reimbursements and confidentiality.

8612.6 A psychology associate may not engage in, or give the appearance of,

practicing independently of the supervisor.

A supervisor and a psychology associate shall ensure that parties who are

billed for services by the psychology associate are informed that the

supervisor has full responsibility.

A supervisor and a psychology associate shall cosign all reports related to

psychological services provided by the psychology associate.

History

• Source: Notice of Final Rulemaking published at 58 DCR 3246, 3256 (April 15, 2011).

17 DCMR § 8699 DEFINITIONS

As used in this chapter, the following terms shall have the meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code §§ 3-1201 to 3.1213.01 (2001 ed.)).

Applicant – a person applying for a registration to practice as a psychology associate under this chapter.

Board – the Board of Psychology, established by § 211 of the Act, D.C. Official Code § 3-1202.11 (2001 ed.).

Direct supervision – the supervision in which a psychologist or psychiatrist is available on the premises and within vocal communication either directly or by a communications device.

Director – the Director of the Department of Health or the Director’s designee.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

Practice of psychology – means the development and application, with or without compensation, of scientific concepts, theories, methods, techniques, procedures, and principles of psychology to aid in the understanding, measuring, explaining, predicting, preventing, fostering, and treating of abilities, disabilities, attributes, or behaviors that are: (a) principally cognitive, such as aptitudes, perceptions, attitudes, or intelligence; (b) affective, such as happiness, anger, or depression; or (c) behavioral, such as physical abuse. The practice of psychology includes: (a) coaching, consulting, counseling, and various types of therapy, such as behavior therapy, group therapy, hypnotherapy, psychotherapy, and marriage, couples, and family therapy; (b) Intellectual, personality, behavioral, educational, neuropsychological, and psycho-physiological testing; and (c) professional activities, such as research, teaching, training, interviewing, assessment, evaluation, pharmacology, and biofeedback.

Supervisor – a licensed psychologist with a doctoral degree in psychology or a psychiatrist.

8699.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 58 DCR 3246, 3257 (April 15, 2011); as amended by Final Rulemaking published at 64 DCR 8268 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 12988 (October 4, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8699

17-87 CERTIFIED ADDICTION COUNSELOR I AND II

17 DCMR § 8700 GENERAL PROVISIONS

8700.1 This chapter shall apply to applicants for and holders of a certification to practice as a certified addiction counselor I or II, positions established, respectively, by sections 851 and 852 of the Act (D.C. Official Code §§ 3-1208.51 and

3-1208.52).

Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11938 (December 17, 2010).

17 DCMR § 8701 TERM OF REGISTRATION

8701.1 Subject to § 8701.2, a certification issued pursuant to this chapter shall

expire at 12:00 midnight of December 31 of each even-numbered year.

8701.2 The Director may change the renewal system pursuant to § 4006.3 of Chapter 40 of this title and modify the date on which a certification shall expire.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11938 (December 17, 2010).

17 DCMR § 8702 EDUCATIONAL REQUIREMENTS

8702.1 An applicant shall present proof to the Board that he or she has graduated with at least an Associate’s degree in a health or human services field, including but not limited to registered nursing, aging studies, criminal justice, health education, or mental health, from an accredited institution whose program is accredited by an entity recognized by the U.S. Department of Education. The degree shall include the following coursework:

(a) Understanding the dynamics of human behavior and

family systems – three (3) hours;

(b) Signs and symptoms of substance abuse – three (3) hours;

(c) Recovery process, stages of change, relapse prevention, treatment

approaches, group dynamics and other adjunctive treatment recovery support groups, motivational interviewing, and models and theories of addiction – three (3) hours;

(d) Ethics, rules and regulations – three (3) hours;

(e) Professional identity in the provision of substance abuse services – three (3) hours;

(f) Crisis intervention – three (3) hours;

(g) Cultural factors and competencies in addiction – three (3) hours;

(h) Co-occurring disorders in interdisciplinary treatment – three (3) hours;

(i) Diagnostic and screening criteria in addictions – three (3) hours; and

(j) Psychopharmacology resources in the treatment of addictions – three (3) hours.

8702.2 In lieu of the requirements for § 8702.1, an applicant for certification by waiver as an addiction counselor I, shall have two (2) years of supervised experience

obtained while registered as an addiction counselor with such registration

having been obtained on or after July 8, 2007, and shall have passed a national examination deemed acceptable by the Board.

8702.3 Any coursework listed in § 8702.1 that has not been taken in a degreed program shall be taken in a program approved by the National Association of Alcohol and Drug Abuse Counselors (NAADAC) or shall be taken at a college or university accredited by an entity recognized by the U.S. Department of Education.

8702.4 As part of the certification process for an addiction counselor II, an applicant shall present proof to the Board that he or she has graduated with at least a Bachelor’s degree in a health or human services field, including but not limited to registered nursing, aging studies, criminal justice, health education, or mental health, from an accredited institution whose program is accredited by an entity recognized by the U.S. Department of Education. The degree shall include the following coursework:

(a) Understanding the dynamics of human behavior and family

systems – three (3) hours;

(b) Signs and symptoms of substance abuse – three (3) hours;

(c) Recovery process, stages of change, relapse prevention, treatment approaches, group dynamics and other adjunctive treatment

recovery support groups, motivational interviewing, and models and theories of addiction – nine (9) hours;

(d) Ethics, rules and regulations – three (3) hours;

(e) Professional identity in the provision of substance abuse services

– three (3) hours;

(f) Crisis intervention – three (3) hours;

(g) Substance abuse counseling treatment planning and research – three (3) hours;

(h) Counseling skills for individual and group, motivational interviewing - three (3) hours;

(i) Cultural factors and competencies in addiction – three (3) hours;

(j) Co-occurring disorders in interdisciplinary treatment – three (3) hours;

(k) Diagnostic and screening criteria in addictions – three (3) hours; and

(l) Psychopharmacology resources in the treatment of addictions – three (3) hours.

8702.5 Any coursework listed in § 8702.3 that has not been taken in a degreed

program shall be taken in a program approved by the NAADAC or shall

be taken at a college or university accredited by an entity recognized by

the U.S. Department of Education.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11938 (December 17, 2010).

17 DCMR § 8703 EXPERIENCE

8703.1 An applicant for certification as an addiction counselor I shall have obtained at least five hundred (500) hours of supervised experience, with a

minimum of forty (40) hours in each of the following areas:

Understanding the dynamics of human behavior and family

systems;

(b) Signs and symptoms of substance abuse;

(c) Recovery process, stages of change, relapse prevention, treatment

approaches, group dynamics and other adjunctive treatment recovery support groups, motivational interviewing, and models and theories of addiction;

(d) Ethics, rules and regulations;

(e) Professional identity in the provision of substance abuse services;

Crisis intervention;

(g) Substance abuse counseling treatment planning and research;

(h) Counseling skills for individual and group, motivational interviewing;

Cultural factors and competencies in addiction;

Co-occurring disorders and interdisciplinary treatment;

Diagnostic and screening criteria in addictions; and

Psychopharmacology resources in the treatment of addictions.

8703.2 An applicant for certification as an addiction counselor II shall have obtained at least one hundred eighty (180) hours of supervised experience. Of the one hundred eighty (180) hours, at least one hundred twenty (120) of the hours shall consist of performing at least ten (10) hours in each of the following tasks with substance abuse clients:

(a) Screening clients to determine eligibility and appropriateness for

admissions into a particular program;

(b) Intake of clients by performing the administrative and initial assessment tasks necessary for admission to a program;

(c) Orientation for new clients to program’s rules, goals, procedures, services, costs, and rights of the client;

(d) Assessment of client’s strengths, weaknesses, problems, and needs for the development of a treatment plan;

(e) Treatment planning with the client to identify and rank problems to be addressed, establish goals, and agree on treatment processes;

(f) Counseling the client, utilizing specialized skills in both individual and group approaches to achieve treatment goals and objectives;

(g) Case management activities which bring services, agencies, people, and resources together in a planned framework of action to achieve established goals;

(h) Crisis intervention responses to clients’ needs during acute mental,

emotional, or physical distress;

(i) Education of clients by providing information about drug abuse and available services and resources;

(j) Referral of clients in order to meet identified needs unable to be met by the counselor and assisting the client in effectively utilizing those resources;

(k) Reporting and charting information about the client’s assessment, treatment plan, progress, discharge summaries, and other client- related data; and

(l) Consultation with other professionals to assure a comprehensive quality of care for the client.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11940 (December 17, 2010).

17 DCMR § 8704 NATIONAL EXAMINATION

8704.1 In addition to the requirements of § 8702.1, an applicant for an addiction

counselor I certification shall take and pass the National Association of

Alcohol and Drug Abuse Counselors – National Certification Commission

(NAADAC-NCC) Level I examination. The examination shall be taken

after the applicant has satisfied all of the requirements of § 8702.1 and

§ 8702.2, if applicable.

8704.2 In addition to the requirements of § 8702.3, an applicant for an addiction

counselor II certification shall take and pass the NAADAC-NCC Level II examination. The examination shall be taken after the applicant has satisfied all of the requirements of §§ 8702.3 and 8702.4, if applicable.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11942 (December 17, 2010).

17 DCMR § 8705 DISTRICT JURISPRUDENCE EXAMINATION

8705.1 An individual who submits an initial application to qualify for certification under this chapter as an addiction counselor I or addiction counselor II, shall receive a passing score on an examination developed by the Board on laws, rules, and ethical standards pertaining to the practice of addiction counseling (the District jurisprudence examination).

In addition to applicants identified in § 8704.1, the following applicants shall take and pass the District examination prior to issuance of a license if the examination has not been previously been taken:

(a) An applicant who is seeking renewal of a certification;

An applicant who is seeking re-activation of an inactive certification;

An applicant who is seeking reinstatement of a certification; and

An applicant who is seeking certification by waiver of educational

requirements pursuant to §§ 8706.1 or 8706.2.

8705.3 The Board shall administer the District jurisprudence examination at least

three (3) times a year.

8705.4 If an applicant fails the District jurisprudence examination three (3) times, the applicant shall not be eligible to take the examination again until he or she has taken a Board-approved refresher course.

8705.5 The District examination may consist of questions on the following:

(a) The District of Columbia statutes and rules concerning the practice of addiction counseling; and

(b) The Code of Ethics of the NAADAC.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11942 (December 17, 2010).

17 DCMR § 8706 WAIVER OF EDUCATIONAL REQUIREMENTS

8706.1 The Board shall waive the educational requirements of § 8702.1 for an applicant for certification as an addiction counselor I who presents evidence satisfactory to the Board that the applicant is currently registered in the District of Columbia as an addiction counselor and has at least two (2) years of documented, continuous supervised experience on a full-time or substantially full-time (thirty- five (35) or more hours each week) basis in the field of addiction counseling immediately preceding July 7, 2009, provided that the application for waiver is submitted by July 7, 2011.

8706.2 The Board shall waive the educational requirements of § 8702.2 for an applicant for certification as an addiction counselor II who presents evidence satisfactory to the Board that the applicant is currently registered in the District of Columbia as an addiction counselor and has at least five (5) years of documented, continuous supervised experience on a full-time or substantially full-time (thirty-five (35) or more hours each week) basis in the field of addiction counseling immediately preceding July 7, 2009, provided that the application for waiver is submitted by July 7, 2011.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11943 (December 17, 2010).

17 DCMR § 8707 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

8707.1 The Board shall waive the educational requirements of § 8702 for an applicant for certification to practice as an addiction counselor I or II to anyone who has completed an educational program in a college or university in a foreign country which is not accredited in accordance with § 8702, if the applicant demonstrates to the satisfaction of the Board that the applicant’s education and training are substantially equivalent to the requirements of this chapter and the Act in ensuring that the applicant is qualified to practice as an addiction counselor I or II, by submitting documentation required by § 8707.2.

8707.2 An applicant under this section shall, in lieu of meeting the requirements

of §§ 8702.1 or 8702.2, submit one of the following:

(a) Proof satisfactory to the Board that the applicant has received an

Associate’s degree or higher to qualify for certification as an addiction counselor I, or Bachelor’s degree or higher to qualify for certification as an addiction counselor II, from a foreign institution which was accredited, at the time the degree was conferred, by the national government or an accrediting body recognized by the national government of the country in which the institution is located; or

(b) A certification from a private education evaluation service approved by the Board that the applicant’s foreign education is substantially equivalent to the education provided in an accredited program.

8707.3 The Board may interview an applicant under this section to determine

whether the applicant’s education or training meets the requirements of the Act and this chapter.

8707.4 If a document required by this chapter is in a language other than English,

an applicant shall arrange for its translation into English by a translation

service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11943 (December 17, 2010).

17 DCMR § 8708 CONTINUING EDUCATION REQUIREMENTS

8708.1 This section shall apply to applicants for the renewal, reactivation, or reinstatement of a certification expiring on December 31, 2014, or later; except, that this section shall not apply to applicants for first time renewal of a certification.

8708.2 To qualify for the renewal of a certification, an applicant shall submit proof of having completed forty (40) hours of approved continuing education credit during the two-year (2) period preceding the date the certification expires, which shall include the following:

(a) Six (6) hours in ethics;

(b) Three (3) hours in trauma counseling;

(c) Two (2) hours in LGBTQ cultural competency or specialized clinical training; and

(d) At least ten percent (10%) of the total in subjects determined by the Director to be the public health priorities of the District, which shall be duly updated and published every five (5) years or as deemed necessary by the Director.

8708.3 Repealed.

8708.4 Repealed.

8708.5 To qualify for the reactivation of a certification, a person in inactive status within the meaning of § 511 of the Act, D.C. Official Code § 3-1205.11, shall submit proof of having completed, within the year preceding the application, twenty (20) hours of approved continuing education credits for each year that the certification remains in inactive status. The total shall also include at least six (6) hours in ethics, three (3) hours in trauma counseling, and two (2) hours in LGBTQ cultural competency or specialized clinical training.

8708.6 A person seeking reinstatement of his or her certification shall submit proof of having completed twenty (20) hours of approved continuing education credits for each year after the expiration of the certification. The total shall include at least six (6) hours in ethics, three (3) hours in trauma counseling, and two (2) hours in LGBTQ cultural competency or specialized clinical training.

8708.7 A continuing education credit required by this section shall be valid only if it is part of a program or activity approved by the Board in accordance with § 8709.

8708.8 An applicant under this section shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

(a) The name and address of the sponsor of the program;

(b) The name of the program, its location, a description of the subject

matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the sponsor of completion, by signature or stamp.

8708.9 In addition to the requirements of § 8708.8, an applicant shall prove completion of continuing education course work, if taken at a college or university, by submitting with the transcript or certificate of completion, a signed statement from the instructor on college university stationery for each class attended.

8708.10 An applicant for renewal of a certification who fails to submit proof of having completed continuing education requirements by the date the registration expires may renew the certification up to sixty (60) days after expiration by submitting proof and paying the required additional late fee.

8708.11 Upon submitting proof and paying the late fee, the applicant shall be deemed to have possessed a valid certification during the period between the expiration of the certification and the submission of the required documentation and payment of the late fee.

8708.12 If an applicant for renewal of a certification fails to submit proof of completion of continuing education requirements or pay the late fee within sixty (60) days after the expiration of the applicant’s certification, the certification shall be deemed to have lapsed on the date of expiration.

8708.13 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew after expiration if the applicant’s failure to submit proof of completion was for good cause.

8708.14 The Board may, in its discretion, audit the renewal applications to ensure that the continuing education requirement has been met. The applicant shall maintain a copy of the continuing education certificate(s) for at least four (4) years.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11944 (December 17, 2010); as amended by Final Rulemaking published at 69 DCR 014824 (December 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8708

17 DCMR § 8709 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

8709.1 A continuing education credit required by this chapter must be earned as part of a continuing education program or activity approved by the Board.

8709.2 The Board may, in its discretion, approve continuing education programs and activities that contribute to the professional development and competence in the addiction counseling field.

8709.3 The continuing education shall be directly related to or supportive of addiction counseling practice.

8709.4 The Board may accept the following types of continuing education programs:

(a) An undergraduate or graduate course given at an accredited college

or university;

(b) A seminar or workshop;

(c) An educational program given at a conference;

(d) In-service training;

(e) Training conducted and approved by the following professional

bodies:

(1) National Board of Certified Counselors (NBCC);

Association of Social Work Boards;

National Association of Social Workers;

American Psychology Association;

NAADAC;

(6) American Counseling Association; or

American Mental Health Counselors Association; and

(8) Training conducted at an accredited health care facility.

8709.5 To qualify for approval by the Board, any other continuing education training not mentioned in subsection 8709.4 shall:

(a) Be current in its subject matter;

(b) Be developed and taught by individuals with substantial background in the subject matter being taught;

(c) Be in an area of study approved by the Board, as set forth in § 8710; and

(d) Be submitted to the Board for review at least sixty (60) days prior to the date of the program and be approved by the Board.

8709.6 The Board may issue and update a list of approved continuing education programs.

8709.7 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

8709.8 The Board may approve continuing education credit for serving as a speaker on an addiction counseling matter at a conference, seminar, workshop, or in-service training. The Board may grant credit for both preparation and presentation time. The maximum amount of credit that may be granted for preparation time shall be twice the amount of the associated presentation time. The presentation must be completed during the period for which credit is claimed. If an applicant has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research.

8709.9 The Board may also approve continuing education credit for:

(a) Publication of an article related to addiction counseling in a professional journal, publication of a book or a chapter in a book, or publication of a book review in a professional journal or bulletin;

(b) New program development related to addiction counseling, which shall count for a maximum of eight (8) hours. New program development includes a new course, seminar, or workshop. New courses shall be graduate or undergraduate level college or university courses;

(c) Dissertation on an addiction counseling topic, which shall count for a maximum of eighteen (18) hours. Dissertation credit may only be counted once; or

(d) Leadership positions, which shall count for a maximum of ten (10) hours; provided, that to receive credit for the leadership position, the position shall last for a minimum of one (1) year after the date of the first licensure. The following leadership positions are acceptable for continuing education:

(1) Officer of state or national addiction counseling organization;

(2) Editor or reviewer of an addiction counseling journal;

(3) Member of a national ethics disciplinary review committee rendering licenses;

(4) Active member of an addiction counseling committee producing a substantial written product;

(5) Chair of a major addiction counseling conference or convention; or

(6) Other leadership positions with justifiable professional learning experiences.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11946 (December 17, 2010).

17 DCMR § 8710 ACCEPTABLE CONTINUING EDUCATION COURSES

8710.1 The Board may, in its discretion, accept continuing education credit that contributes to the continuing competency of the individual certified under this section, including, but not limited to the following:

(a) Treatment of adolescents and youth;

(b) Trauma and abuse;

(c) Addiction or other compulsive behaviors such as:

(1) Eating;

(2) Gambling; or

(3) Sex;

(d) Grief;

(e) Assessment and screening;

(f) Stress management;

(g) Chemical dependency program administration or management; or

(h) Research or other functional areas of chemical dependency treatment programs related to client care.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11948 (December 17, 2010).

17 DCMR § 8711 UNACCEPTABLE CONTINUING EDUCATION COURSES

8711.1 A certificate holder may not receive duplicate credit for training that is repeated during a single renewal period.

8711.2 The following continuing education shall not be acceptable:

(a) The same course taken more than once during a single renewal period;

(b) Courses dealing with the participant’s self-improvement, personal growth, changes in attitude, self-therapy or self-awareness, or therapy workshops dealing with the participant’s personal issues or problems;

(c) Chemical dependency education courses designed for lay people (public education);

(d) Parenting classes or other programs designed for non-professional participants;

(e) Liberal arts courses in music, education, art, or other courses unrelated to chemical dependency counseling;

(f) Orientation programs, such as specific series of activities designed to familiarize employees with policies and procedures of an institution or agency; and

(g) Courses in marketing, business, personal enrichment, time management, CPR classes, or computer-related workshops.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11949 (December 17, 2010).

17 DCMR § 8712 CONTINUING EDUCATION CREDITS

8712.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

8712.2 The Board may grant a maximum of five (5) hours of continuing education credits per year to an applicant for attending in-service education programs.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11949 (December 17, 2010).

17 DCMR § 8713 CERTIFICATION BY ENDORSEMENT

8713.1 The Board shall issue a certification by endorsement to an addiction counselor who has a valid, unrestricted certification in good standing from another jurisdiction of the United States.

8713.2 An applicant for certification by endorsement as an addiction counselor

shall submit the following with a completed application:

(a) Official, certified proof of certification as an addiction counselor in good standing from another jurisdiction of the United States;

(b) Proof that the applicant has taken and passed the NAADAC or other state- approved examination; and

(c) A passing score on the District jurisprudence examination.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11950 (December 17, 2010).

17 DCMR § 8714 CERTIFICATION BY ENDORSEMENT

8713.1 The Board shall issue a certification by endorsement to an addiction counselor who has a valid, unrestricted certification in good standing from another jurisdiction of the United States.

8713.2 An applicant for certification by endorsement as an addiction counselor

shall submit the following with a completed application:

(a) Official, certified proof of certification as an addiction counselor in good standing from another jurisdiction of the United States;

(b) Proof that the applicant has taken and passed the NAADAC or other state- approved examination; and

(c) A passing score on the District jurisprudence examination.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11950 (December 17, 2010).

17 DCMR § 8715 SUPERVISION OF A CERTIFIED ADDICTION COUNSELOR I OR II

8715.1 An addiction counselor I or II shall practice only under the direct supervision of a person meeting the standards of this section. If the agency has multiple locations and there is no supervisor available for each site, the supervision may be by communication device provided that the supervisor shall meet with the addiction counselor(s) for one (1) hour per week.

8715.2 A supervisor of an addiction counselor I or II pursuant to § 8714 shall supervise only in those areas within the supervisor’s competence, based on the supervisor’s education, training, and experience.

8715.3 To qualify as a supervisor, an individual shall:

(a) Be an advanced practice addiction counselor; or

(b) Be a licensed professional counselor, licensed clinical psychologist, licensed clinical social worker, licensed marriage and family therapist, licensed medical doctor, or registered nurse; and

(c) Hold one of the following:

(1) A national certification in substance abuse counseling through the NAADAC- NCC or the NBCC;

(2) A current certified addiction counselor II certification in substance abuse counseling; or

(3) Documentation of a minimum of one (1) year of experience in substance abuse counseling and at least one hundred (100) hours of didactic training in covered areas outlined in § 8703.1.

8715.4 A supervisor who does not meet the requirements of § 8715.3(c)(1), (2), or (3) shall come into compliance by December 31, 2011.

8715.5 A supervisor shall ensure that an addiction counselor I or II is practicing within the scope of the certified addiction counselor’s competencies, as demonstrated by the addiction counselor’s documented training and experience in a particular area of practice.

8715.6 A supervisor shall maintain appropriate documentation of the nature and

extent of the supervision provided, including the dates, duration, and focus of the supervisory sessions.

8715.7 Pursuant to § 8714.2, a supervisor shall provide documentation of his or

her education, training, and experience, as requested upon demand by an

individual authorized by the Board.

8715.8 A supervisor shall not engage in supervision of an addiction counselor

who is a close friend or relative.

8715.9 A supervisor shall take full responsibility for all services provided by an

addiction counselor under the supervisor’s supervision.

8715.10 An addiction counselor I or II shall inform the supervisor of all complaints, formal or informal, about the services provided by the addiction counselor.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11951 (December 17, 2010).

17 DCMR § 8716 STANDARDS OF CONDUCT

8716.1 A person who is certified in the District of Columbia solely as an addiction counselor I or II and is either not licensed to practice medicine, psychology, or professional counseling pursuant to D.C. Official § 3-1205.01, or not licensed as an advanced practice registered nurse pursuant to D.C. Official Code

§ 3-1206.01, or not licensed as an independent clinical social worker pursuant to D.C. Official Code § 3-1208.04, shall not perform psychotherapy or engage in the diagnosis or treatment of other mental health disorders.

8716.2 A certified addiction counselor I or II shall adhere to standards set forth in the Code of Ethics as published from time to time by the NAADAC.

8716.3 A certified addiction counselor I or II shall maintain confidentiality about a matter in which the client has utilized the services of the addiction counselor in a professional capacity. This section shall not apply to:

(a) A case conference with other mental health professionals employed at the treatment facility, or to other participating providers, when and to the extent necessary to facilitate the delivery of professional services to the client;

(b) A case in which the client authorized in writing the addiction counselor I or II to reveal a communication;

(c) A case where an immediate threat of serious physical harm to an identifiable victim is communicated to the addiction counselor I or II by a client or where there is a bona fide emergency;

(d) Evidence in criminal cases where the accused is charged with causing the death of, or inflicting injuries upon, a human being, and the disclosure is required in the interest of public justice;

(e) Information released pursuant to an order by a court of competent

jurisdiction;

(f) Evidence relating to the mental competency or sanity of a child alleged to be delinquent, neglected, or in need of supervision in any proceeding before the Family Division of the District of Columbia Superior Court or the Department of Youth Rehabilitation Services;

(g) Evidence in criminal or civil cases where a person is alleged to have defrauded the District of Columbia or federal government in relation to receiving or providing services under the District of Columbia medical assistance program authorized by Title 19 of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396, et seq.); and

(h) Proceedings conducted by the Board or the Office of Administrative Hearings, where the disclosure of confidential communications is necessary to defend against charges that the addiction counselor I or II has violated provisions of this chapter or the Act.

8716.4 A certified addiction counselor I or II shall make personal reference as an “addiction counselor under the supervision of (name and license number of supervisor)” in all written and oral communications relating to the provision of addiction counseling services.

8716.5 A certified addiction counselor I or II may not engage in, or give the appearance of, practicing independently of the supervisor.

8716.6 A certified addiction counselor I or II shall not discriminate against clients

or professionals based on race, religion, age, gender, disability, national ancestry, sexual orientation, economic condition, or any other protected categories listed by federal or state law.

8716.7 A certified addiction counselor I or II shall be knowledgeable about the existence of any disability which a client has and shall make available physical, sensory, and cognitive accommodations that allow the client with the disability to receive services.

8716.8 A certified addiction counselor I or II who is aware of unethical conduct or unprofessional modes of practice by another registered addiction counselor I or II shall report such inappropriate behavior to the Board.

8716.9 A certified addiction counselor I or II shall not offer services or use

techniques outside of his or her competency.

8716.10 A certified addiction counselor I or II shall seek appropriate treatment if he or she is impaired in any manner that negatively impacts his or her ability to perform counseling duties and shall not provide or offer to provide services until he or she has been deemed fit to practice by the treating health professional.

8716.11 A certified addiction counselor I or II shall comply with all federal and District of Columbia laws governing the practice of addiction counseling.

8716.12 A certified addiction counselor I or II shall not claim, either directly or by

implication, professional qualifications or affiliations that he or she does not possess.

8716.13 The promotion of the protection of the public health, safety, and welfare and the best interest of the client shall be the primary guides of a certified addiction counselor I or II in determining his or her conduct.

8716.14 A certified addiction counselor I or II shall disclose his or her standards of

conduct and responsibilities to all clients.

8716.15 A certified addiction counselor I or II shall terminate a counseling relationship when it is reasonably clear that the client is not benefiting from the relationship and shall take appropriate measures to ensure that that the client is referred to alternative care.

8716.16 A certified addiction counselor I or II shall hold the welfare of the client

paramount when making any decisions or recommendations concerning referral, treatment procedures, or termination of treatment.

8716.17 A certified addiction counselor I or II shall not use or encourage a client’s

participation in a demonstration, research, or other non-treatment activity when such participation would have potential harmful consequences for the client or when the client is not fully informed.

8716.18 A certified addiction counselor I or II shall provide services in an environment that ensures the privacy and safety of the client at all times and ensure the appropriateness of service delivery.

8716.19 If an addiction counselor I or II engages in an activity that may affect the privacy of his or her client, such as the recording of the clinical interview or the use of material for training or observation by another party, the counselor shall provide to the client information in writing regarding the client’s rights regarding confidentially, as part of informing the client about the counseling activity. The counselor shall request the client to sign an acknowledgment attesting to the fact that such information has been provided.

8716.20 A certified addiction counselor I or II shall adhere to all federal and District of Columbia laws regarding confidentiality and the counselor’s responsibility to report clinical information in specific circumstances to the appropriate authorities.

8716.21 A certified addiction counselor I or II shall use clinical and other material in teaching or writing only when there is no identifying information used about the clients involved.

8716.22 A certified addiction counselor I or II shall not engage in the following dual relationships:

(a) Counseling a family member, friend, or close associate;

(b) Exploit a relationship with a current or former client for personal gain, including a social or business relationship;

(c) Engage in any type of sexual activity with a current or former client;

(d) Accept as a client anyone with whom they have engaged in sexual activity; or

(e) Negatively exploit relationships with coworkers, employees, student research participants, or volunteers.

8716.23 A certified addiction counselor I or II shall refrain from offering or providing professional services to a client in counseling with another professional, except with the knowledge of the other professional or after the termination of the client’s relationship with the other professional.

8716.24 A certified addiction counselor I or II shall cooperate with duly constituted

professional ethics committees or licensing boards and promptly supply

necessary information unless prohibited by confidentiality laws or regulations or recognized codes of conduct.

8716.25 A certified addiction counselor I or II shall inform each of his or her clients of all financial policies regarding the counseling. The fact that such information has been provided shall be documented in the client’s chart.

8716.26 A certified addiction counselor I or II shall not send or receive a commission or rebate or any other form of remuneration for referral of a client for professional services.

8716.27 A certified addiction counselor I or II shall not accept a private fee for

professional work with a person who is entitled to such services without charge through an institution or agency unless the client is informed of such services and still requests private services.

8716.28 A certified addiction counselor I or II shall not practice addiction counseling while using controlled substances, alcohol, or any other chemical agents which impair the ability to practice.

8716.29 A certified addiction counselor I or II shall urge chemically impaired colleagues to seek treatment, if possible.

8716.30 A certified addiction counselor I or II with first-hand knowledge that a colleague is practicing addiction counseling when impaired by controlled substances, alcohol, or other chemical agents shall report such knowledge to the Board.

8716.31 A certified addiction counselor I or II shall not offer or provide to a client

a controlled substance, alcohol, or any other chemical agent.

8716.32 A certified addiction counselor I or II who has a mental impairment which affects his or her ability to practice safely, or becomes impaired in anyway that may negatively impact services being provided to a client, shall limit his or her services provided to those determined appropriate in consultation and advice from a qualified mental health professional.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11952 (December 17, 2010).

17 DCMR § 8799 DEFINITIONS

8799.1 The definitions in § 4099 of chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

8799.2 As used in this chapter, the following terms shall have the meanings

ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code § 3-1201 et seq.).

Alcohol abuse – the use of an alcoholic beverage which impairs the physical, mental, emotional, or social well-being of the user.

Board – the Board of Professional Counseling, established by § 213 of the Act (D.C. Official Code § 3-1202.13).

Client – an individual who has applied for or been given a diagnosis or treatment for alcohol or drug abuse at a federally assisted program and includes any individual who, after arrest on a criminal charge, is identified as an alcohol or drug abuser in order to determine that individual’s eligibility to participate in a program.

Co-occurring disorder – the presence of concurrent psychiatric or medical disorders in combination with a substance abuse disorder.

Diagnosis – a reference to an individual’s alcohol or drug abuse or to a condition which is identified as having been caused by that abuse that is made for the purpose of treatment or referral for treatment.

Disclose (disclosure) – a communication of a client’s identifying information, the affirmative verification of another person’s communications of a client’s identifying information, or the communication of any information from the record of a client who has been identified.

Direct supervision – supervision in which a supervisor is physically present, or within an immediate distance, such as on the same floor, and available to respond to the needs of the addiction counselor or the client.

Director – the Director of the Department of Health or the Director’s designee.

Drug abuse – the use of a psychoactive substance for other than

medicinal purposes which impairs the physical, mental, emotional, or

social well-being of the user.

Dual relationships –a situation where multiple roles exist between an addiction counselor and a client. Examples are when the client is also a student, friend, family member, employee, or business associate of the addiction counselor.

Emancipated – a minor who is living separate and apart from his or her parent(s) or legal guardian, with or without the consent of the parent(s) or legal guardian and regardless of the duration of such separate residence, and who is managing his or her own personal and financial affairs, regardless of the source or extent of the minor’s income.

Federal assistance (assisted) – an alcohol abuse or drug abuse program that is being carried out under a license, certification, registration, or other authorization granted by a department or agency of the United States, including but not limited to:

Certification of provider status under the Medicare program;

(b) Authorization to conduct methadone maintenance treatment pursuant to 21 CFR § 291.505;

Registration to dispense a substance under the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-901.01 et seq.), to the extent the controlled substance is used in the treatment of alcohol or drug abuse; or

(d) Is supported by funds provided by a department or agency of the United States by being:

A recipient of federal financial assistance in any form, including financial assistance which does not directly pay for the alcohol or drug abuse diagnosis, treatment, or referral activities; or

(2) Conducted by a District of Columbia department or agency which, through general or special revenue sharing or other forms of assistance, receives federal funds which could be, but are not necessarily, spent for the alcohol of drug abuse program.

General supervision – supervision in which the supervisor is available to the supervisee either:

(a) In person; or

(b) By a communications device, if the supervisor is located on the same premises as the supervisee.

LGBTQ cultural competency or specialized clinical training – continuing education with instructions on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10 (b)(5)).

Minor – a person under eighteen (18) years of age, but not including a person who is emancipated or who is married.

Psychotherapy – the treatment of mental and emotional disorders through the use of psychological techniques designed to encourage communication of conflicts and insight into problems, with the goal of attaining personality growth and behavior modification.

Practice of addiction counseling – providing services, with or without compensation, based on theory and methods of counseling, psychotherapy, or addictionology to a person who is experiencing cognitive, affective, or behavioral psychosocial dysfunction as a direct or indirect result of addiction, chemical dependency, abuse of chemical substances, or a related disorder. The practice of addiction counseling includes: addiction prevention; crisis intervention; diagnosis; referral; direct treatment; follow-up that is rendered to an individual, family, group, organization, school, or community that is adversely affected by an addiction or related disorder; and the education or training of a person in the field of addiction counseling.

Record – information, whether recorded or not, relating to a client received or acquired by an alcohol or drug program.

Treatment – the management and care of a client suffering from alcohol or drug abuse, a condition which is identified as having been caused by that abuse, or both, in order to reduce or eliminate the adverse effects upon the client.

History

• Source: Notice of Final Rulemaking published at 57 DCR 11937, 11957 (December 17, 2010); as amended by Final Rulemaking published at 69 DCR 014824 (December 2, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8799

17-89 TRADE NAME REGISTRATION

17 DCMR § 8900 APPLICABILITY

8900.1 Each person who carries on, conducts, or transacts business in the District of Columbia under a trade name shall register that trade name with the D.C. Superintendent of Corporations as required under D.C. Official Code § 47-2855.02.

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8900

17 DCMR § 8901 APPLICATION FORM

8901.1 Each applicant shall file a trade name application with DCRA, and provide the information specified in D.C. Official Code § 47-2855.02.

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8901

17 DCMR § 8902 TERM OF REGISTRATION

8902.1 An initial trade name registration shall expire on September 1 of the second calendar year after the calendar year in which the initial registration occurred (for example, a trade name registration that occurred on August 15, 2015, would expire on September 1, 2017).

8902.2 Except as provided in Subsection 8902.3, each renewal of a trade name registration shall expire two (2) years after the expiration date of the registration being renewed.

8902.3 If a person has an existing trade name registration on October 1, 2015, the first renewal of that trade name registration after October 1, 2015 shall expire on September 1 of the second calendar year after the calendar year in which the initial registration occurred (for example, a trade name registration that occurred on August 15, 2015, would expire on September 1, 2017).

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8902

17 DCMR § 8903 RENEWAL

8903.1 A trade name renewal application shall be filed by April 1 of the year in which the trade name registration expires; unless, the trade name registration does not expire on September 1, in which case the renewal application shall be filed within one hundred fifty (150) days before the trade name registration’s expiration date.

8903.2 A trade name renewal application received after the filing deadline shall incur a late fee outlined in Subsection 8908.2.

8903.3 If a person fails to file its trade name renewal application by the filing deadline and the trade name expires pursuant to § 8902.2, the person shall complete a new trade name application and pay all fees associated with the trade name application if the person wishes to continue to register the trade name.

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016); as corrected by Errata Notice published at 63 DCR 1248 (February 5, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8903

17 DCMR § 8904 REQUIRED SIGNATURES

8904.1 The trade name application shall be executed as specified under D.C. Official Code § 47-2855.02(c).

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8904

17 DCMR § 8905 NO PROTECTIONS OR WARRANTIES

8905.1 Registration of a trade name with DCRA does not guarantee or warrant that another person has not or will not register the same trade name with DCRA.

8905.2 DCRA’s acceptance of a trade name registration shall not in any way be deemed a warranty of the applicant’s right to do business in the District under the name registered, nor shall it be deemed a guarantee that the applicant is exclusively using the trade name in the District at the time of the grant of registration.

8905.3 DCRA shall not be responsible for determining whether there is an existing person carrying on, conducting, or transacting business using the same trade name.

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8905

17 DCMR § 8906 JUDICIAL FILINGS

8906.1 No person carrying on, conducting, or transacting business under a trade name shall be entitled to file an action under that trade name in a District court until the person has properly completed the registration with the Superintendent according to this chapter.

8906.2 A person’s failure to properly register a trade name shall not impair the validity of a contract or act of such person and shall not prevent such person from defending a suit in a District court.

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8906

17 DCMR § 8907 CHANGES IN REGISTRATION, CANCELLATION, AND FILING REQUIREMENTS

8907.1 An amendment to, notice of cancellation of, or new registration of a trade name shall be filed according to D.C. Official Code § 47-2855.03.

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016); as corrected by Errata Notice published at 63 DCR 1248 (February 5, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8907

17 DCMR § 8908 FEES AND REFUNDS

8908.1 The Superintendent shall charge and collect fees as specified under 17 DCMR § 612.

8908.2 The Superintendent shall charge a person a late fee equivalent to an initial trade name application fee in cases where a trade name renewal application is submitted after the renewal deadline, but before cancellation.

8908.3 A duplicate fee shall be refunded if:

The request for a refund is submitted to the Superintendent within sixty (60) calendar days after the date of payment of the duplicate fee; or

The request for a refund is submitted to the Superintendent within sixty (60) calendar days from the date of DCRA’s rejection notification letter.

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8908

17 DCMR § 8909 DENIAL, CANCELLATION, OR REVOCATION OF TRADE NAME REGISTRATION

8909.1 If a person includes a false or misleading statement in its trade name registration application, or if the person files an incomplete trade name registration application, then the application shall be denied or, if the application was previously approved, the trade name shall be canceled by the Superintendent.

8909.2 If a person files a trade name registration application that fails to meet the requirements of this chapter, then the application shall be denied by the Superintendent.

8909.3 If a person fails to meet the renewal deadline set forth in § 8903 of this chapter, the Superintendent shall cancel the trade name upon its expiration.

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8909

17 DCMR § 8910 INFRACTIONS AND FINES

8910.1 Failure to comply with the requirement to register or renew a trade name under this chapter shall result in a civil infraction and fines as provided under 16 DCMR § 3201.1(c).

8910.2 Any fraudulent conduct or willful misconduct in complying with this chapter, including but not limited to the use of a fraudulent trade name registration certificate or misrepresenting the registration status of a trade name when applying for a license, shall result in a civil infraction and fines as provided under 16 DCMR § 3201.1(b).

8910.3 The Superintendent shall cancel a trade name if:

(a) A filing entity, as defined in D.C. Official Code § 29-101.02(13), is the owner of the trade name; and

(b) The filing entity has an inactive status with DCRA.

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8910

17 DCMR § 8911 GOOD STANDING REQUIREMENT FOR FILING ENTITIES

8911.1 If a filing entity, as defined in D.C. Official Code § 29-101.02(13), applies for a trade name as the owner, the filing entity shall be in good standing, as specified in D.C. Official Code § 29-102.08, prior to completing the trade name registration application.

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by the Licensing, Permitting, and Corporate Filings Amendment Act of 2010, effective September 24, 2011 (D.C. Law 18-223; 57 DCR 6242, 6279 (July 23, 2010); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8911

17 DCMR § 8912 NAME REQUIREMENTS FOR TRADE NAMES

8912.1 In addition to the requirements specified in D.C. Official Code § 47-2855.02(d), a person or entity seeking to register a trade name that is similar to an existing trade name may register the similar trade name if the owner of the existing trade name provides written consent to the Superintendent authorizing the registration of the similar trade name.

A trade name shall not include the following suffixes or any derivative:

Incorporated or Inc.;

Limited or Ltd.;

Professional Corporation or P.C.;

Chartered or Chtd.;

Limited Partnership or L.P. or LP;

Limited Liability Limited Partnership or L.L.L.P. or LLLP;

Registered Limited Liability Limited Partnership or R.L.L.L.P. or RLLLP;

Limited Liability Company or L.L.C. or LLC;

Limited Company or L.C. or LC;

Professional Limited Liability Company or P.L.L.C. or PLLC;

Limited or Ltd.;

Cooperative Association or Co-op or Coop; or

(m) Limited Cooperative Association, Limited Cooperative or L.C.A. or LCA.

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by the Licensing, Permitting, and Corporate Filings Amendment Act of 2010, effective September 24, 2011 (D.C. Law 18-223; 57 DCR 6242, 6279 (July 23, 2010); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8912

17 DCMR § 8913 [RESERVED]

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8913

17 DCMR § 8914 [RESERVED]

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8914

17 DCMR § 8915 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8916 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8917 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8918 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8919 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8920 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8921 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8922 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8923 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8924 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8925 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8926 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8927 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8928 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8929 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8930 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8931 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8932 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8933 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8934 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8935 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8936 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8937 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8938 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8939 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8940 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8941 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8942 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8943 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8944 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8945 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8946 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8947 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8948 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8949 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8950 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8951 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8952 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8953 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8954 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8955 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8956 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8957 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8958 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8959 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8960 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8961 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8962 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8963 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8964 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8965 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8966 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8967 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8968 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8969 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8970 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8971 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8972 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8973 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8974 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8975 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8976 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8977 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8978 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8979 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8980 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8981 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8982 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8983 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8984 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8985 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8986 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8987 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8988 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8989 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8990 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8991 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8992 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8993 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8994 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8995 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8996 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8997 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8998 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).

17 DCMR § 8999 DEFINITIONS

8999.1 As used in this chapter, the following terms shall have the mean:

DCRA - District of Columbia Department of Consumer and Regulatory Affairs.

Inactive status – the organizational standing of an entity that was formerly but is no longer registered with the DCRA to do business in the District because the entity has been administratively or voluntarily dissolved, merged out of existence, converted into a non-filing entity, domesticated outside of the District, had its certificate of registration administratively rescinded or voluntarily withdrawn, or is not in active status for any other reason.

Superintendent - DCRA Superintendent of Corporations.

Trade name - has the meaning ascribed to it in D.C. Official Code § 47-2855.01(7).

Trade name application - a DCRA-issued document requiring information to register a trade name.

History

• SOURCE: Final Rulemaking published at 49 DCR 10075 (November 8, 2002); as amended by Final Rulemaking published at 63 DCR 878 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 8999

17-90 DENTAL ASSISTANTS

17 DCMR § 9000 GENERAL PROVISIONS

9000.1 This chapter applies to applicants for and holders of a registration to practice as a dental assistant.

9000.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations Administrative Procedures) of Title 17 of the District of Columbia Municipal Regulations supplement this chapter.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 5852 (July 15, 2011); as amended by Final Rulemaking published at 60 DCR 10055 (July 12, 2013).

17 DCMR § 9001 REGISTRATION REQUIRED

9001.1 No person shall perform or be permitted to perform any duties as a dental assistant without a registration issued by the Board.

9001.2 Notwithstanding Subsection 9001.1, a person who is performing the duties of a dental assistant on the effective date of this chapter shall obtain a registration no later than September 17, 2012.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 5852, 5853 (July 15, 2011); as amended by Final Rulemaking published at 60 DCR 2401 (March 1, 2013); as amended by Final Rulemaking published at 60 DCR 10055 (July 12, 2013).

17 DCMR § 9002 TERM OF REGISTRATION

9002.1 Subject to § 9002.2, a registration issued pursuant to this chapter shall expire at 12:00 midnight of December 31 of each odd-numbered year.

9002.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a registration issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birth date of the holder of the registration or other date established by the Director.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 5852, 5853 (July 15, 2011); as amended by Final Rulemaking published at 60 DCR 10055 (July 12, 2013).

17 DCMR § 9003 EDUCATION REQUIREMENTS

9003.1 An applicant for a Level I Dental Assistant registration shall submit proof satisfactory to the Board that the applicant has a high school diploma or has a general equivalency diploma.

9003.2 An applicant for a Level II Dental Assistant registration shall submit proof satisfactory to the Board that the applicant has:

A high school diploma or has a general equivalency diploma;

Successfully completed a course in dental radiography training meeting the requirements set forth in § 9005.1 of this chapter; and

(1) Successfully completed and graduated from an educational program for dental assistants approved by the Board or the American Dental Association’s (ADA) Commission on Dental Accreditation (CODA); or

A current and valid certification as a Certified Dental Assistant in general duties from the Dental Assisting National Board (DANB), or other dental assisting certification approved by the Board.

9003.3 An applicant for a Level III Dental Assistant registration shall submit proof satisfactory to the Board that the applicant has:

A high school diploma or a general equivalency diploma;

Successfully completed a course in dental radiography training meeting the requirements set forth in § 9005.1 of this chapter;

Successfully completed and graduated from an educational program for dental assistants approved by the Board or the American Dental Association’s Commission on Dental Accreditation (CODA);

A current and valid certification as a Certified Dental Assistant in general duties from the DANB or another dental assisting certification approved by the Board;

Successfully completed and obtained the DANB Certified Preventive Functions Dental Assistant Certification; and

Successfully passed a Board-approved, hands-on course in the functions and duties permitted to be performed by a Level III Dental Assistant.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 5852, 5853 (July 15, 2011); as amended by Final Rulemaking published at 60 DCR 10055 (July 12, 2013); as amended by Final Rulemaking published at 68 DCR 7742 (August 6, 2021); as amended by Final Rulemaking published at 71 DCR 002153 (March 1, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9003

17 DCMR § 9004 SCOPE OF PRACTICE

9004.1 Subject to the restrictions set forth in this section, a dentist may delegate to a registered dental assistant only those procedures which are:

(a) Appropriate to the training and experience of the dental assistant and the practice of the supervising dentist;

(b) Reversible; and

(c) To be performed under the direct supervision of the dentist.

9004.2 Level I Dental Assistant may perform the following functions under direct supervision of a dentist:

Placing retraction cord;

Placing matrices;

Applying fluoride (rinse, foam tray, and fluoride varnish);

Placing periodontal dressings;

Removing temporary restorations without the use of a rotary instrument;

Removing sutures;

Taking impression for study models or diagnostic casts;

Rinsing and aspirating the oral cavity;

Retracting the lips, cheek, tongue, and flaps;

Placing or removing materials for the isolation of the dentition, provided that the material is not retained by the dentition;

Applying topical anesthesia;

Constructing athletic mouth guards and night guards on models;

Performing intraoral photography;

Curing by the use of halogen light;

Checking for loose bands;

Whitening or bleaching using trays;

Take and record vital signs; and

Other functions as approved by the Board.

9004.3 Level II Dental Assistant may perform the following functions under direct supervision of a dentist:

All functions permitted to Level I Dental Assistant, as enumerated in § 9004.2;

Performing vitality tests;

Taking alginate impressions for intraoral appliances;

[Repealed];

Applying desensitizing agents;

Placing or removing a rubber dam;

Etching;

Fabricating indirect restorations in a dental office;

Placing or removing a matrix band;

Drying a root canal;

Preparing and fitting stainless steel crowns;

Preparing temporary crowns;

Removing excess cement; and

Removing or placing a periodontal dressing (except placing the original periodontal dressing).

9004.4 Level III Dental Assistant may perform the following functions under direct supervision of a dentist:

(a) All functions permitted to Level I Dental Assistant or Level II Dental Assistant, as enumerated in §§ 9004.2 and 9004.3;

(b) The application of pit and fissure sealants;

(c) Coronal polishing to remove stain and biofilm; and

(d) Glucose testing.

9004.5 Level I, II, or III Dental Assistant working under the direct supervision of an orthodontist may also perform the following functions:

Preparing and fitting orthodontic bands;

Removing excess cement from around orthodontic bands;

Placing and removing arch wires;

Cementing orthodontic bands, placing bonded attachments, or removing cemented or bonded orthodontic bands and attachments;

Placing elastics and ligatures; and

Selecting headgear.

9004.6 A dentist shall not delegate to a dental assistant any of the following procedures:

(a) Those procedures excluded by 17 DCMR § 4215.1;

(b) A preliminary dental examination;

(c) A complete prophylaxis, including the removal of any deposits, diseased crevicular tissue, accretion, or stain from the surface of a tooth or a restoration;

(d) The restoration of a tooth;

(e) The charting of cavities during preliminary examination, prophylaxis, or polishing; however, a dentist may permit an assistant to record the charting of cavities as dictated by the dentist or dental hygienist during the course of a preliminary examination or dental procedure;

(f) The instruction of individuals or groups of individuals in oral health care, unless it is in the dental office and done as instructed by the dentist;

(g) [Repealed];

(h) Diagnostic screening to identify indications of oral abnormalities;

(i) Administration of local anesthesia;

(j) Administration of nitrous oxide;

(k) Placement of temporary restorations;

(l) Taking final impressions;

(m) Adjusting occlusion of natural teeth, restorations, or appliances;

(n) Registration of jaw relations;

(o) Cementing permanent crowns or restorations;

(p) Applying silver diamine fluoride;

(q) Glucose monitoring;

(r) Whitening or bleaching (internal, laser, or high-intensity light);

(s) Using a high speed handpiece intraorally;

(t) Oral cancer screenings;

(u) Oral cancer tissue biopsy;

(v) Placing initial periodontal dressing;

(w) Placement of liquid dam;

(x) Applying and removing a socket dressing;

(y) Placement of subgingival medicaments;

(z) Removing intracoronal temporary restorations; or

(aa) Placing sutures.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 5852, 5853 (July 15, 2011); as amended by Final Rulemaking published at 60 DCR 10055 (July 12, 2013); as amended by Final Rulemaking published at 67 DCR 2217 (February 28, 2020): as amended by Final Rulemaking published at 71 DCR 002153 (March 1, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9004

17 DCMR § 9005 RADIOGRAPHY REQUIREMENTS

9005.1 A Level II or Level III dental assistant shall be eligible to place or expose dental x-ray film if he or she has:

Successfully passed the Dental Assistant National Board’s (DANB)

Radiation Health and Safety (RHS) examination or Certified Dental Assistant (CDA) examination; or

Successfully completed a Board-approved dental radiology training program consisting of at least twenty-four (24) hours of coursework in radiology, radiation safety, biology, and physics, and has successfully passed the examination(s) required for successful completion of the program.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 852, 5853 (July 15, 2011); as amended by Final Rulemaking published at 60 DCR 2401 (March 1, 2013); as amended by Final Rulemaking published at 60 DCR 10055 (July 12, 2013); as amended by Final Rulemaking published at 68 DCR 7742 (August 6, 2021); as amended by Final Rulemaking published at 71 DCR 002153 (March 1, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9005

17 DCMR § 9006 RESPONSIBILITY OF SUPERVISING DENTIST

9006.1 In all instances, the licensed dentist assumes ultimate responsibility for determining, on the basis of his or her diagnosis, the specific treatment the patient will receive and which aspects of treatment will be delegated to a dental assistant in accordance with this chapter and the Act.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 5852, 5856 (July 15, 2011).

17 DCMR § 9007 CONTINUING EDUCATION REQUIREMENTS

9007.1 Except as provided in § 9007.2, this section shall apply to all applicants for the renewal, reactivation, or reinstatement of a dental assistant registration.

9007.2 This section shall not apply to applicants for the first renewal of a dental assistant registration.

9007.3 A continuing education credit shall be valid only if it is part of a program approved by the Board.

9007.4 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

9007.5 A continuing education credit shall consist of at least sixty (60) minutes of instruction in an approved continuing education program.

9007.6 Beginning with the licensure period ending December 31, 2021, not more than five (5) continuing education credits for approved internet continuing education courses may be accepted in any renewal period, or for reinstatement or reactivation of a license.

9007.7 For the licensure period ending December 31, 2019, an applicant for renewal of a dental assistant registration shall:

Have completed seven (7) hours of credit within the two-year (2) period preceding the date the registration expires, which shall include at least:

Current certification of having completed two (2) hours in basic life support (“BLS certification”);

Two (2) hours of infection control in approved continuing education programs;

One (1) hour of ethics in an approved continuing education programs; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5));

Attest to completion of the required continuing education credits on the renewal application form; and

Be subject to a random audit.

9007.8 Beginning with the licensure period ending December 31, 2021, an applicant for renewal of a dental assistant registration shall:

Have completed ten (10) hours of credit within the two-year (2) period preceding the date the registration expires, which shall include at least:

Current certification of having completed two (2) hours in basic life support (“BLS certification”);

Two (2) hours of infection control in approved continuing education programs;

One (1) hour of ethics in an approved continuing education programs;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website;

Attest to completion of the required continuing education credits on the renewal application form; and

Be subject to a random audit.

9007.9 For the licensure period ending December 31, 2019, to qualify for reinstatement or reactivation of a dental assistant registration, an applicant shall submit proof of having completed a minimum of seven (7) hours of credit within the year immediately preceding the date of the application, which shall include at least:

Current certification of having completed two (2) hours in basic life support (“BLS certification”);

Two (2) hours of infection control in approved continuing education programs;

One (1) hour of ethics in an approved continuing education programs; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)).

9007.10 Beginning with the licensure period ending December 31, 2021, to qualify for reinstatement or reactivation of a dental assistant registration, an applicant shall submit proof of having completed a minimum of ten (10) hours of credit within the year immediately preceding the date of the application, which shall include at least:

Current certification of having completed two (2) hours in basic life support (“BLS certification”);

Two (2) hours of infection control in approved continuing education programs;

One (1) hour of ethics in an approved continuing education programs;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

9007.11 Applicants for renewal of a registration shall only be required to prove completion of the required continuing education credits by submitting proof if requested to do so as part of the random audit, or if otherwise requested to do so by the Board.

9007.12 An applicant for renewal of a registration who fails to renew the registration by the date the registration expires may renew the registration for up to sixty (60) days after the date of expiration by completing the application, submitting the required supporting documents, and paying the required late fee. Upon renewal, the applicant shall be deemed to have possessed a valid registration during the period between the expiration of the registration and the renewal thereof.

9007.13 If an applicant for renewal of a registration fails to renew the registration and pay the late fee within sixty (60) days after the expiration of applicant's registration, the registration shall be considered to have lapsed on the date of expiration. The applicant shall thereafter be required to apply for reinstatement of an expired registration and meet all requirements and fees for reinstatement.

9007.14 The Board may, in its discretion, grant an extension of the sixty (60) day period, up to a maximum of one (1) year, to renew after expiration if the applicant's failure to renew was for good cause. As used in this section, "good cause" includes the following:

Serious and protracted illness of the applicant; and

The death or serious and protracted illness of a member of the applicant's immediate family.

9007.15 An extension granted under this section shall not exempt the dental assistant from complying with the continuing education requirements for any other renewal period.

History

• SOURCE: Final Rulemaking published at 65 DCR 4841 (May 4, 2018); as amended by Final Rulemaking published at 67 DCR 2217 (February 28, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9007

17 DCMR § 9008 DISTRICT OF COLUMBIA DENTAL ASSISTANT LAW EXAMINATION

9008.1 An applicant for a Level I, Level II, or Level III Dental Assistant registration shall submit proof satisfactory to the Board that the applicant received a passing score on a written examination developed by the Board or a Board-approved entity on laws and rules pertaining to the practice of dental assistants (the District of Columbia Dental Assistants Law Examination).

9008.2 The District of Columbia Dental Assistants Law Examination may consist of questions on general District laws pertaining to the practice of dental assistants including the Act, this chapter, and Chapters 40, 41, 42, and 43 of this title.

History

• SOURCE: Final Rulemaking published at 71 DCR 002153 (March 1, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9008

17 DCMR § 9099 DEFINITIONS

9099.1 For the purposes of this chapter, the following terms shall have the meanings ascribed:

Act - the District of Columbia Health Occupation Revision Act, effective March 15, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1203.01, et seq. (2007 Repl.)).

Board - the Board of Dentistry.

Dental assistant - a person who is registered by the Board and is authorized to assist a licensed dentist in the performance of duties related to oral care under the direct supervision of a dentist.

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

Director – the Director of the Department of Health or the Director’s designee.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 5852, 5856 (July 15, 2011); as amended by Final Rulemaking published at 60 DCR 10055 (July 12, 2013).

17-91 GRADUATE PROFESSIONAL COUNSELOR

17 DCMR § 9100 GENERAL PROVISIONS

9100.1 This chapter shall apply to applicants for and holders of a license to practice as a graduate professional counselor.

9100.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 61 DCR 6819 (July 4, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 9100

17 DCMR § 9101 TERM OF LICENSE

9101.1 A license issued pursuant to this chapter shall be valid for no greater than five (5) years from the date of issuance provided that the period may be extended for good cause shown. The license shall expire at 12:00 midnight on the date of expiration.

History

• SOURCE: Final Rulemaking published at 61 DCR 6819 (July 4, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 9101

17 DCMR § 9102 TRANSITION FROM LICENSURE AS A GRADUATE PROFESSIONAL COUNSELOR TO PROFESSIONAL COUNSELOR

9102.1 A graduate professional counselor pursuing licensure as a professional counselor shall furnish proof satisfactory to the Board that he or she has completed the following:

(a) At least three thousand five hundred (3,500) hours of post-Master’s or postdoctoral experience pursuant to 17 DCMR § 6603.1(b);

(b) Sixty (60) graduate semester hours of a counseling program as set forth at to 17 DCMR § 6602.2(a); and

(c) Licensure as a graduate professional counselor or its substantial equivalent.

9102.2 If an applicant for licensure as a professional counselor does not meet the requirements of § 9102.1(a) and the applicant elects to complete his or her supervised practice requirements in the District of Columbia, the applicant shall first obtain licensure as a graduate professional counselor or its equivalent and work under the immediate and direct supervision of a professional counselor, psychologist, psychiatrist, or independent social worker, who is licensed in the District of Columbia under the Act.

History

• SOURCE: Final Rulemaking published at 61 DCR 6819 (July 4, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 9102

17 DCMR § 9103 EDUCATIONAL REQUIREMENTS

9103.1 Except as otherwise provided in this chapter, an applicant for a license shall furnish proof satisfactory to the Board, in accordance with § 710 of the Act, D.C. Official Code § 3-1207.10, of the following:

That the applicant has received a Master’s degree or higher from an institution of higher education which was accredited, at the time the degree was conferred, by an accrediting body recognized by the Secretary of the United States Department of Education, the Council on Postsecondary Accreditation, or its successor;

That the Master’s program is accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP) or is deemed by the board to be substantially equivalent to a CACREP approved program; and

That the applicant has completed a minimum of forty-eight (48) semester hours or the equivalent number of quarter or trimester hours converted into semester hours in counseling or related field of study after earning a bachelor’s degree.

9103.2 For the purpose of meeting the requirements of § 9103.1, the following shall apply:

(a) All courses earned in a graduate degree program in counseling shall be counted toward the required forty-eight (48) semester hours. Courses earned outside of a counseling degree program shall be evaluated individually by the Board.

(b) The fields of study related to counseling that are acceptable to the Board include:

(1) Social science;

(2) Psychology;

Social work;

Human service;

Behavioral science;

Psychiatric nursing;

Rehabilitation counseling;

Family counseling;

Individual and family development;

Student counseling and personnel service;

Mental health and human service;

Addiction;

Family and community service; and

Creative arts therapy.

9103.3 In order to obtain credit for the courses, the content of an applicant’s degree program and courses shall include, at a minimum, the following:

(a) Counseling theory and practice;

(b) Human growth and development;

(c) Lifestyle and career development;

(d) Group counseling;

(e) Appraisal, assessment, and testing of individuals;

(f) Principles of etiology, diagnosis, treatment planning, and prevention of mental and emotional disorders and dysfunctional behavior;

(g) Social and cultural foundations including multicultural counseling;

(h) Marriage and family counseling;

Research and program evaluation;

Professional orientation and ethics; and

Counseling practicum or internship.

9103.4 An applicant shall submit to the Board, along with the completed application, certified transcripts of the applicant’s educational records from each educational institution from which credits were earned that are relevant to the licensure application. Transcripts shall only be accepted if they are mailed directly by the educational institution from which credits were earned.

9103.5 The applicant shall provide the Board with course descriptions detailing the subject matter of the courses listed on the applicant’s certified transcript if the subject matter of the courses differs from those listed in Subsection 9103.2.

History

• SOURCE: Final Rulemaking published at 61 DCR 6819 (July 4, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 9103

17 DCMR § 9104 WAIVER OF EDUCATIONAL AND EXPERIENTIAL REQUIREMENTS FOR LICENSURE

9104.1 The Board shall waive the educational requirements of § 9102.1(b) and the supervised experience requirements of § 9105 provided that:

(a) The applicant has received a Master’s degree on or before the date these regulations have been published as final rulemaking; or

(b) The applicant is currently enrolled in a Master’s program at the time of publication of these regulations as final rulemaking; and

(c) An application for licensure is submitted within one (1) year from the date these regulations have been published as final rulemaking.

History

• SOURCE: Final Rulemaking published at 61 DCR 6819 (July 4, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 9104

17 DCMR § 9105 SUPERVISED EXPERIENCE REQUIREMENTS

The Board may deem a Master’s degree program not accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP) as substantially equivalent to a CACREP-accredited program pursuant to § 9103.1(b) if the program also includes supervised practicum or internship comparable to a CACREP-accredited program.

9105.2 RESERVED.

9105.3 RESERVED.

9105.4 RESERVED.

9105.5 RESERVED.

9105.6 RESERVED.

9105.7 A graduate professional counselor under supervision shall identify himself or herself as such at all times when practicing professional counseling.

9105.8 A supervisor or supervisee shall within two (2) weeks of commencing supervision submit to the Board a supervised practice form which supplies the Board with the following information:

The supervisor’s name, address, state of licensure, and license number;

The supervisee’s name;

The expected period of supervision (start and ending dates); and

The nature and location of the supervision.

9105.9 Only a licensed professional counselor may engage in independent practice. A graduate professional counselor shall not engage in independent practice. For purposes of the section “independent practice” means:

Rendering counseling services on his or her own responsibility, free of the administrative and professional control of an employer or clinical supervisor;

Directly collecting fees from a client, or his or her representative, as the payor, for services rendered where the counselor is the payee; or

Maintaining an office or office space at his or her own expense with advertising to the public that conveys information or the idea that the counselor is not affiliated with a licensed health professional who provides supervision.

History

• SOURCE: Final Rulemaking published at 61 DCR 6819 (July 4, 2014); as amended by Final Rulemaking published at 62 DCR 12530 (September 18, 2015); as amended by Final Rulemaking published at 68 DCR 012278 (November 19, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9105

17 DCMR § 9106 APPLICANTS EDUCATED IN FOREIGN COUNTRIES

9106.1 The Board may grant a license to practice professional counseling to an applicant who completed an educational program in a college or university in a foreign country which is not accredited in accordance with § 9103 if the applicant meets the following requirements:

Meets all requirements of this chapter except for § 9103.1; and

(b) Demonstrates to the satisfaction of the Board that the applicant’s education and training are substantially equivalent to the requirements of this chapter and the Act in ensuring that the applicant is qualified to practice professional counseling by submitting the documentation required by Subsection 9106.2 of this section.

9106.2 An applicant under this section shall, in lieu of meeting the requirements of § 9103.1, submit one of the following:

Proof satisfactory to the Board that the applicant has received a master’s degree or higher from a foreign institution which was accredited, at the time the degree was conferred, by an accrediting body recognized by the national government of the country in which the institution is located; or

A certification from a private education evaluation service approved by the Board that the applicant’s foreign education is substantially equivalent to the education provided in an accredited program.

9106.3 The Board may interview an applicant under this section to determine whether the applicant’s education or training meets the requirements of the Act and this chapter.

9106.4 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

History

• SOURCE: Final Rulemaking published at 61 DCR 6819 (July 4, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 9106

17 DCMR § 9107 NATIONAL EXAMINATION

9107.1 To qualify for a license, an applicant shall receive a score on the National Counselor Examination designated by the National Board for Certified Counselors as a passing score for that administration of the National Counselor Examination.

9107.2 An applicant who, prior to applying for a license, has taken and passed an examination administered by a professional counselor licensure board in another jurisdiction in the United States, by the Commission for Certified Rehabilitation Counselors, or by the National Academy of Certified Mental Health Counselors (now a specialty within the National Board for Certified Counselors), will not be required to take the National Counselor Examination. An applicant relying on an alternative examination shall submit to the Board the applicant’s examination results which have been certified or validated by the entity that administered the examination.

History

• SOURCE: Final Rulemaking published at 61 DCR 6819 (July 4, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 9107

17 DCMR § 9108 LICENSED GRADUATE PROFESSIONAL COUNSELOR PRACTICE

9108.1 A licensed graduate professional counselor shall only practice under the general and immediate supervision of a professional counselor, psychologist, psychiatrist, or independent clinical social worker licensed in the District of Columbia under the Act.

9108.2 A person who has been denied a license or disciplined in the District of Columbia or other jurisdiction in the United States shall not practice pursuant to this section unless authorized by the Board in writing to do so.

9108.3 A supervisor shall be responsible for all supervised practice by a graduate during the period of supervision, and is subject to disciplinary action for any violation of the Act or this chapter by the graduate.

9108.4 A graduate professional counselor shall be subject to disciplinary action for any violation of the Act or this chapter. The Board may deny an application for a license by a graduate who is found to have violated the Act or this chapter, in accordance with Chapter 41 of this title.

History

• SOURCE: Final Rulemaking published at 61 DCR 6819 (July 4, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 9108

17 DCMR § 9109 [RESERVED]

History

• SOURCE: Final Rulemaking published at 61 DCR 6819 (July 4, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 9109

17 DCMR § 9110 [RESERVED]

History

• SOURCE: Final Rulemaking published at 61 DCR 6819 (July 4, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 9110

17 DCMR § 9111 STANDARDS OF CONDUCT

9111.1 Graduate professional counselors shall not discriminate against clients because of age, color, culture, disability, ethnic group, gender, race, religion, sexual orientation, marital status, or socioeconomic status.

9111.2 Graduate professional counselors shall inform clients, preferably in writing, regarding the counseling process and counseling relationship at or before the time counseling begins and throughout the relationship.

9111.3 Graduate professional counselors shall make every effort to avoid dual relationship with clients that could impair their professional judgment or increase the risk of harm to clients. When a dual relationship cannot be avoided, graduate professional counselors shall take appropriate steps to ensure that their judgment is not impaired and that no exploitation occurs.

9111.4 Graduate professional counselors shall not engage in any type of sexual intimacies with current clients and shall not engage in sexual intimacies with former clients within a minimum of two years after terminating the counseling relationship. Graduate professional counselors who engage in such a relationship after two years following termination shall have the responsibility to thoroughly examine and document that such relations did not have an exploitative nature.

9111.5 Graduate professional counselors shall take reasonable precautions to protect clients from physical or psychological trauma resulting from interactions during group work.

9111.6 Graduate professional counselors shall explain to clients, prior to their entering the counseling relationship, financial arrangements related to professional services.

9111.7 Graduate professional counselors shall assist in making appropriate arrangements for the continuation of treatment of clients, when necessary, following termination of counseling relationship.

9111.8 Graduate professional counselors shall avoid entering or immediately terminate a counseling relationship if it is determined that they are unable to be of professional assistance to a client. The counselors shall assist in making an appropriate referral to the client.

9111.9 Graduate professional counselors shall keep information related to counseling services confidential unless disclosure is in the best interest of clients, is required for the welfare of others, or is required by law.

9111.10 Graduate professional counselors shall take measures to ensure that subordinates maintain client privacy and confidentiality.

9111.11 Graduate professional counselors shall not disclose information about one family member in counseling to another family member without prior consent.

9111.12 Graduate professional counselors shall maintain appropriate confidentiality in creating, storing, accessing, transferring and disposing of counseling records.

9111.13 Graduate professional counselors shall obtain prior consent from clients in order to electronically record or observe sessions.

9111.14 Except as provided in § 9109.9, graduate professional counselors shall obtain client consent to disclose or transfer records to third parties.

9111.15 Graduate professional counselors shall disguise the identity of the client when using data for training, research or publication.

9111.16 Graduate professional counselors shall practice only within the boundaries of their competence.

9111.17 Graduate professional counselors shall engage in continuing education to maintain their professional competence.

9111.18 Graduate professional counselors shall refrain from offering professional services when their personal problems or conflicts may cause harm to a client or others.

9111.19 Graduate professional counselors shall accurately represent their credentials and services when advertising.

9111.20 Graduate professional counselors shall claim or imply only professional credentials possessed and shall correct any known misrepresentation of their credentials by others.

9111.21 Graduate professional counselors shall not engage in sexual harassment.

9111.22 With the consent of the client, graduate professional counselors shall inform other mental health professionals serving the same client that a counseling relationship between the counselor and client exists.

9111.23 Graduate professional counselors shall alert their employers when the employer’s institutional policies may be potentially disruptive or damaging to counselors' professional responsibilities or that may limit their effectiveness or deny clients' rights.

9111.24 Graduate professional counselors shall select competent staff and shall assign responsibilities compatible with staff skills and experiences.

9111.25 Graduate professional counselors shall not engage in exploitative relationships with individuals over whom they have supervisory, evaluative, or instructional control or authority.

9111.26 Graduate professional counselors shall not accept fees or other remuneration for consultation with persons entitled to such services through the counselors' employing agency or institution.

9111.27 Graduate professional counselors shall not accept referral fees.

9111.28 Graduate professional counselors shall perform only testing and assessment services for which they are competent.

9111.29 Graduate professional counselors shall not allow the use of psychological assessment techniques by unqualified persons under their supervision.

9111.30 Graduate professional counselors shall use assessment instruments in the manner for which they were intended.

9111.31 Graduate professional counselors shall provide explanations to clients prior to assessment about the nature and purposes of assessment and the specific uses of results.

9111.32 Graduate professional counselors shall ensure that accurate and appropriate interpretations accompany any release of testing and assessment information.

9111.33 Graduate professional counselors shall not base their assessment or intervention decisions or recommendations on data or test results that are obsolete or outdated for the current purpose.

9111.34 Graduate professional counselors shall give credit to students or supervisees for their contributions to research and scholarly projects.

9111.35 Graduate professional counselors who offer clinical supervision services shall be trained and prepared in supervision methods and techniques.

9111.36 Graduate professional counselors shall clearly state to students and supervisees in advance of training, the levels of competency expected, appraisal methods, and timing of evaluations. Graduate professional counselors shall provide students and supervisees periodic performance appraisals and evaluation feedback throughout the training program.

9111.37 Graduate professional counselors shall make every effort to ensure that the rights of peers are not violated when students and supervisees are assigned to lead counseling groups or provide clinical supervision.

9111.38 Graduate professional counselors shall assist students and supervisees in securing remedial assistance, when needed, and shall dismiss from the training program students and supervisees who are unable to provide competent services due to academic or personal limitations.

9111.39 Graduate professional counselors who lead experiential trainings for students or supervisees shall not be influenced by the students' and supervisees' self disclosure when assigning grades.

9111.40 Students and supervisees preparing to become graduate professional counselors shall adhere to the American Counseling Association’s Code of Ethics and the Standards of Practice of counselors.

9111.41 Graduate professional counselors shall avoid causing physical, social or psychological harm or injury to subjects of research.

9111.42 Graduate professional counselors shall keep confidential information obtained about research participants.

9111.43 Graduate professional counselors shall report all variables and conditions known to the investigators that may affect research data or outcomes.

9111.44 Graduate professional counselors shall not distort or misrepresent research data or fabricate or intentionally bias research results.

9111.45 Graduate professional counselors shall give appropriate credit to those who have contributed to research and publications.

9111.46 Graduate professional counselors shall take appropriate action when they reasonably believe that counselors or other mental health professionals are acting in an unethical manner.

9111.47 Graduate professional counselors shall not initiate, participate in, or encourage the filing of ethical complaints that are unwarranted, or intended to harm a mental health professional rather than to protect clients or the public.

9111.48 A licensee, student or graduate practicing professional counseling pursuant to this chapter shall adhere to the standards set forth in the most recent edition of the Code of Ethics as published by the American Counseling Association.

History

• SOURCE: Final Rulemaking published at 61 DCR 6819 (July 4, 2014); as amended by Final Rulemaking published at 62 DCR 12530 (September 18, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9111

17 DCMR § 9199 DEFINITIONS

9199.1 When used in these regulations, the following terms shall have the following meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201 et seq.), as amended.

Face-to-face supervision – supervision that is live, interactive, and visual. Video supervision is permitted as long as the session is synchronous (real time) and involves verbal and visual interaction during the supervision.

General supervision – supervision in which the supervisor is available to the person supervised, either in person or by a communications device.

Graduate professional counselor - a person licensed under the Act to practice as a graduate professional counselor.

Immediate supervision – supervision in which the supervisor is physically present with the person supervised and either discussing or observing the person’s practice.

Practice of professional counseling – means engaging in counseling or psychotherapy activities, including cognitive behavioral therapy or other modality, with or without compensation, to facilitate human development and to identify and remediate mental, emotional, or behavioral conditions and associated difficulties that interfere with mental health and wellness. The practice of professional counseling includes: the processes of conducting interviews, tests, and other forms of assessment for the purpose of diagnosing individuals, families, and groups, as outlined in the Diagnostic and Statistical Manual of Disorders or other appropriate classification schemes, and determining treatment goals and objectives; and assisting individuals, families, and groups through a professional relationship to achieve long-tern effective mental, emotional, physical, spiritual, social, educational, or career development and adjustment.

Triadic supervision – supervision composed of a supervisor and two (2) counseling students.

History

• SOURCE: Final Rulemaking published at 61 DCR 6819 (July 4, 2014). District of Columbia Municipal Regulations Business, Occupations and Professions 17 DCMR § 9199

17-92 TEACHING LICENSES FOR DENTISTRY AND DENTAL HYGIENE

17 DCMR § 9200 GENERAL PROVISIONS

9200.1 This chapter shall apply to applicants for and holders of a teacher’s license in dentistry or dental hygiene.

9200.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), 42 (Dentistry), and 43 (Dental Hygiene) of Title 17 of the District of Columbia Municipal Regulations shall supplement this chapter.

9200.3 A holder of a teacher’s license in dentistry shall comply with all the requirements for the practice of dentistry under this chapter and the Act.

9200.4 A holder of a teacher’s license in dental hygiene shall comply with all the requirements for the practice of dental hygiene under this Act.

History

• SOURCE: Final Rulemaking published at 63 DCR 13701 (November 4, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9200

17 DCMR § 9201 LICENSURE REQUIRED TO TEACH DENTISTRY OR DENTAL HYGIENE

9201.1 No person unlicensed to practice dentistry or dental hygiene in the District of Columbia shall be permitted to teach dentistry or dental hygiene, respectively, within the District, without a teacher’s license.

9201.2 For a period of one year after the effective date of these regulations an applicant who is not eligible to teach dentistry under § 9203 of this chapter, or is not eligible to teach dental hygiene under § 9206 of this chapter, may engage in the teaching of dentistry or dental hygiene, respectively, if the applicant:

Has received training to enable him or her to competently and safely teach dentistry; and

Engages in dental or dental hygiene teaching under the general supervision of a licensed dentist.

History

• SOURCE: Final Rulemaking published at 63 DCR 13701 (November 4, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9201

17 DCMR § 9202 TERM OF LICENSE

9202.1 A teacher’s license in dentistry and a teacher’s license in dental hygiene shall expire on the earlier of:

The date set in § 9202.3, unless the license is renewed for an additional term; or

The date when the licensee ceases to be a full-time or part-time faculty member at the institution named on the license.

9202.2 The holder of a teacher’s license in dentistry or dental hygiene shall surrender the license to the Board within thirty (30) days of ceasing to be a full-time or part-time faculty member at the institution named on the license.

9202.3 Subject to § 9202.4, a teacher’s license in dentistry and a teacher’s license in dental hygiene issued pursuant to this chapter shall expire at 11:59 PM of December 31st of each odd-numbered year.

9202.4 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a teacher’s license in dentistry and a teacher’s license in dental hygiene issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the registration or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 63 DCR 13701 (November 4, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9202

17 DCMR § 9203 ELIGIBILITY REQUIREMENTS FOR A TEACHER’S LICENSE IN DENTISTRY

9203.1 To be eligible for a teacher’s license in dentistry, an applicant shall:

Have an appointment or a promise of an appointment as a full-time or part-time faculty member at an accredited dental school located in the District of Columbia and the institution where the dentist is appointed shall provide documentation satisfactory to the Board of the appointment;

Meet the education and professional prerequisites set forth under § 9204.1, or § 9204.2;

Have successfully completed Part I and Part II of the examination of the Joint Commission on National Dental Examinations;

Be at least twenty-one (21) years of age;

Be of good moral character and professionally competent;

Not have failed the ADEX clinical examination, or its successor, for a license to practice dentistry in the District of Columbia, unless having subsequently passed;

Be a United States citizen or an alien lawfully admitted to the United States;

Not be currently under investigation or pending charges by any state licensing board, peer review authority, or law enforcement authority;

Not have a health professional license that is suspended, revoked, or otherwise not in good standing, as determined by the Board, in another state or jurisdiction; and

Not have been convicted or disciplined by a court of any state or country for a crime involving moral turpitude or that bears directly upon the fitness of the applicant to be licensed.

History

• SOURCE: Final Rulemaking published at 63 DCR 13701 (November 4, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9203

17 DCMR § 9204 EDUCATION AND PROFESSIONAL PREREQUISITES FOR A TEACHER’S LICENSE IN DENTISTRY

9204.1 Except as otherwise provided in § 9204.2, an applicant shall furnish proof satisfactory to the Board that the applicant:

Has successfully completed an educational program in the practice of dentistry at an institution accredited by the Commission on Dental Accreditation of the American Dental Association (“CODA”), and holds a Degree of Doctor of Dental Surgery (DDS), Doctor of Dental Medicine (DMD), or its equivalent, from a college or university that is authorized by any state of the United States or any province of Canada to grant a degree and is recognized by the Board of Dentistry as requiring adequate professional collegiate training and as maintaining an acceptable course of dental instruction; and

Is licensed to practice dentistry, in good standing, in any other state.

9204.2 An applicant that does not meet the requirements set forth in § 9204.1, may be granted licensure if the dean of the dental school where the dentist will practice requests that the dentist be granted the license, circumstances exist that justify granting the request, and the applicant furnishes proof satisfactory to the Board that the applicant:

Holds a DDS or DMD degree, or an equivalent degree from a school, college, or faculty of dentistry, recognized by the appropriate civil authorities of the jurisdiction in which the institution is located, which includes completion of a total of not less than six (6) total academic years of pre-professional and professional education, including courses in general chemistry, organic chemistry, biology or zoology, and physics, and for which at least four (4) academic years shall be professional dental education; and

Has at least two (2) years of clinical dental experience.

History

• SOURCE: Final Rulemaking published at 63 DCR 13701 (November 4, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9204

17 DCMR § 9205 APPLICATION FOR A TEACHER’S LICENSE IN DENTISTRY

9205.1 To apply for a teacher’s license in dentistry an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

The applicant’s social security number on the application. If the applicant does not have a social security number, the applicant shall:

Submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

Submit proof acceptable to the Board that he or she is legally authorized to be in the United States, such as a Resident Alien Card, a valid foreign passport with a visa, or a work permit card from the Department of Homeland Security (I-766 or I-688B);

Two (2) recent passport-type photographs of the applicant’s face measuring two inches by two inches (2” x 2”), which clearly expose the area from the top of the forehead to the bottom of the chin; and

One (1) clear photocopy of a U.S. government-issued photo ID, such as a driver’s license, as proof of identity; and

Submit a formal request for licensure and promise of appointment or confirmation of appointment from the Dean of the dental school where the applicant will be appointed. The request shall be submitted in a sealed envelope bearing the seal of the institution;

Submit an official transcript mailed directly from the educational institution(s) in a sealed envelope, which shall verify that the applicant has successfully met the education requirements set forth in § 9204.1 or § 9204.2 of this chapter;

Submit the applicant’s examination results, which have been certified or validated by the Joint Commission of National Dental Examiners;

Submit proof acceptable to the Board that the applicant has not failed the ADEX clinical examination, or its successor, or proof that the applicant subsequently passed the examination which shall be certified or validated by the ADEX or its successor;

Submit a copy of his or her current dental license; or if not licensed in another state, proof acceptable to the Board of having two (2) years of active clinical practice;

Obtain verification from each state in which the applicant holds or has ever held a professional health occupation license, if applicable, that the license is current and in good standing, or if the license is no longer active, that it was in good standing immediately prior to its expiration. The licensure verification form shall be sent directly to the Board by the verifying board;

Pass the District of Columbia Dental Law Examination;

Submit two letters of recommendation from the applicant’s clinical colleagues, which shall certify to the board the good moral character of the applicant, and the applicant’s qualifications, background, and experience.

Undergo a criminal background check; and

Pay all required fees.

History

• SOURCE: Final Rulemaking published at 63 DCR 13701 (November 4, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9205

17 DCMR § 9206 ELIGIBILITY REQUIREMENTS FOR A TEACHER’S LICENSE IN DENTAL HYGIENE

9206.1 To be eligible for a teacher’s license in dental hygiene, an applicant shall:

Have an appointment or a promise of an appointment as a full-time or part-time faculty member in a dental hygiene program at an accredited dental school located in the District of Columbia and the institution where the dental hygienist is appointed provides documentation satisfactory to the Board of the appointment.

Meet the education and professional prerequisites set forth under § 9207.1;

Have successfully completed the National Board of Dental Hygiene Examination;

Be of good moral character and professionally competent;

Not have failed the ADEX clinical examination, or its successor, unless having subsequently passed;

Be a United States citizen or an alien lawfully admitted to the United States;

Not be currently under investigation or pending charges by any state licensing board, peer review authority, or law enforcement authority;

Not have a health professional license that is suspended, revoked, or otherwise not in good standing, as determined by the Board, in another state or jurisdiction; and

Not have been convicted or disciplined by a court of any state or country for a crime involving moral turpitude or that bears directly upon the fitness of the applicant to be licensed.

History

• SOURCE: Final Rulemaking published at 63 DCR 13701 (November 4, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9206

17 DCMR § 9207 EDUCATION AND PROFESSIONAL PREREQUISITES FOR A TEACHER’S LICENSE IN DENTAL HYGIENE

9207.1 An applicant shall furnish proof satisfactory to the Board that the applicant:

Has successfully completed an educational program in the practice of dental hygiene of at least two academic years at an institution accredited by the CODA at the time the applicant graduated; or the applicant demonstrates to the satisfaction of the Board that the applicant’s education and training are substantially equivalent to the requirements of this section; and

Submits evidence satisfactory to the Board that the applicant has been actively engaged in the practice of dental hygiene for the three (3) years immediately preceding the application, and has at least one hundred and fifty (150) hours of active dental hygiene practice.

History

• SOURCE: Final Rulemaking published at 63 DCR 13701 (November 4, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9207

17 DCMR § 9208 APPLICATION FOR A TEACHER’S LICENSE IN DENTAL HYGIENE

9208.1 To apply for a teacher’s license in dental hygiene, an applicant shall:

(a) Submit a completed application to the Board on the required forms and include:

The applicant’s social security number on the application. If the applicant does not have a social security number, the applicant shall:

Submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

Submit proof acceptable to the Board that he or she is legally authorized to be in the United States, such as a Resident Alien Card, a valid foreign passport with a visa, or a work permit card from the Department of Homeland Security (I-766 or I-688B);

Two (2) recent passport-type photographs of the applicant’s face measuring two inches by two inches (2” x 2”), which clearly expose the area from the top of the forehead to the bottom of the chin; and

One (1) clear photocopy of a U.S. government-issued photo ID, such as a driver’s license, as proof of identity; and

(b) Submit a formal request for licensure and promise of appointment or confirmation of appointment from the Dean of the dental school or dental hygiene school where the applicant will be appointed. The request shall be submitted in a sealed envelope bearing the seal of the institution;

Submit an official transcript mailed directly from the educational institution(s) in a sealed envelope, which shall verify that the applicant has successfully met the education requirements set forth in § 9207.1 of this chapter;

Submit the applicant’s examination results, which have been certified or validated by the National Board of Dental Hygiene Examination;

Submit proof acceptable to the Board that the applicant has not failed the ADEX clinical examination, or its successor, or proof that the applicant subsequently passed the examination which shall be certified or validated by the ADEX or its successor;

Submit proof acceptable to the Board that the applicant has been actively engaged in the practice of dental hygiene for the three (3) years immediately preceding the application, and has at least one hundred fifty (150) hours of active dental hygiene practice;

Obtain verification from each state in which the applicant holds or has ever held a professional health occupation license, if applicable, that the license is current and in good standing, or if the license is no longer active, that it was in good standing immediately prior to its expiration. The licensure verification form shall be sent directly to the Board by the verifying board;

(h) Pass the District of Columbia Dental Law Examination;

(i) Submit two (2) letters of recommendation from the applicant’s clinical colleagues, which shall certify to the board the good moral character of the applicant, and the applicant’s qualifications, background, and experience.

(j) Undergo a criminal background check; and

(k) Pay all required fees.

History

• SOURCE: Final Rulemaking published at 63 DCR 13701 (November 4, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9208

17 DCMR § 9209 SCOPE OF PRACTICE FOR A TEACHER’S LICENSE IN DENTISTRY

9209.1 The holder of an active teacher’s license in dentistry shall:

Teach dentistry at only the institution named on the license, which includes, and is limited to the primary facilities within the dental school, and shall not engage in clinical teaching at a satellite location or other off-campus sites, such as clinics, unless the location or site is part of a program operated by the institution as confirmed by formal affiliation agreements; and

Practice, adjunct to instruction, only at the institution named on the license to the same extent as other faculty members who hold general licenses to practice dentistry; provided that a licensed dentist employed by the school provides general supervision in all clinical practice.

9209.2 For purposes of this chapter, “teach” shall mean to provide clinical and didactic instruction and training at the institution to students formally enrolled in an educational program in the practice of dentistry at that institution.

9209.3 The holder of a teacher’s license in dentistry shall not establish a dental practice in the District of Columbia, or engage in the practice of dentistry in any manner outside of the educational institution named on the license, without first obtaining an unrestricted dental license to practice dentistry in the District of Columbia.

History

• SOURCE: Final Rulemaking published at 63 DCR 13701 (November 4, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9209

17 DCMR § 9210 SCOPE OF PRACTICE FOR A TEACHER’S LICENSE IN DENTAL HYGIENE

9210.1 The holder of an active teacher’s license in dental hygiene shall:

Teach dental hygiene only at the institution named on the license, which includes, and is limited to the primary facilities within the dental school, and shall not engage in clinical teaching at a satellite location or other off-campus sites, such as clinics, unless the location or site is part of a program operated by the institution as confirmed by formal affiliation agreements; and

Practice, adjunct to instruction, only at the institution named on the license to the same extent as other faculty members who hold general licenses to practice dental hygiene, and only under the direct supervision of a licensed dentist employed by the institution named on the license.

9210.2 For purposes of this chapter, “teach” shall mean to provide clinical and didactic instruction and training at the institution to students formally enrolled in an educational program in the practice of dental hygiene at that institution.

9210.3 The holder of a teacher’s license in dental hygiene shall not engage in the practice of dental hygiene in any manner outside of the educational institution named on the license, without first obtaining an unrestricted license to practice dental hygiene in the District of Columbia.

History

• SOURCE: Final Rulemaking published at 63 DCR 13701 (November 4, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9210

17 DCMR § 9211 CONTINUING EDUCATION REQUIREMENTS

9211.1 This section shall apply to applicants for the renewal, reactivation, or reinstatement of a teacher’s license in dentistry or of a teacher’s license in dental hygiene beginning with the licensure period ending December 31, 2019, and for subsequent terms.

9211.2 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 9212.

9211.3 For the licensure period ending December 31, 2019, an applicant for renewal of a teacher’s license in dentistry shall submit proof pursuant to § 9211.18 of having completed thirty (30) hours of credit within the two-year (2) period preceding the date the license expires, which shall include at least:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

Two (2) hours of ethics in approved continuing education programs; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)).

9211.4 Beginning with the licensure period ending December 31, 2021, an applicant for renewal of a teacher’s license in dentistry shall submit proof pursuant to § 9211.18 of having completed thirty (30) hours of credit within the two-year (2) period preceding the date the license expires, which shall include at least:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

One (1) hour of ethics in approved continuing education programs;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

9211.5 For the licensure period ending December 31, 2019, an applicant for renewal of a teacher’s license in dental hygiene shall submit proof pursuant to § 9211.18 of having completed fifteen (15) hours of approved continuing education credit obtained within the two (2) year period preceding the date the license expires, which shall include:

Current CPR certification for healthcare providers at the basic level;

Two (2) hours of infection control training;

One (1) hour of ethics in approved continuing education programs; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10(b)(5)).

9211.6 Beginning with the licensure period ending December 31, 2021, an applicant for renewal of a teacher’s license in dental hygiene shall submit proof pursuant to § 9211.18 of having completed twenty (20) hours of credit within the two-year (2) period preceding the date the license expires, which shall include at least:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control training;

One (1) hour of ethics in approved continuing education programs;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

9211.7 Each applicant for renewal, reactivation, or reinstatement of a teacher’s license in dentistry who is permitted by the Drug Enforcement Agency and the District of Columbia Pharmaceutical Control Division to prescribe controlled substances in the District shall complete two (2) hours of continuing education in the abuse and misuse of controlled substances, and in opioid prescription practices. This continuing education shall be part of the continuing education hours required under Subsections 9211.3 and 9211.4 of this chapter.

9211.8 Beginning with the licensure period ending December 31, 2021, not more than fifty percent (50%) of the Applicant’s total continuing education requirements may be met through approved internet continuing education courses in any renewal period, or for reinstatement or reactivation of a license.

9211.9 Internet courses and programs shall not be used to satisfy the continuing education CPR certification requirement.

9211.10 For the licensure period ending December 31, 2019, to qualify for a teacher’s license in dentistry, a person in inactive status pursuant to Section 511 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.11), who submits an application to reactivate a license shall submit proof pursuant to § 9211.18 of having completed thirty (30) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reactivation of that applicant’s license and an additional fifteen (15) hours of approved continuing education credit for each additional year that the applicant was in inactive status beginning with the third year, which shall include at least:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

Two (2) hours of ethics in approved continuing education programs; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5).

9211.11 Beginning with the licensure period ending December 31, 2021, to qualify for a teacher’s license in dentistry, a person in inactive status pursuant to section 511 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.11), who submits an application to reactivate a license shall submit proof pursuant to § 9211.18 of having completed thirty (30) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reactivation of that applicant’s license and an additional fifteen (15) hours of approved continuing education credit for each additional year that the applicant was in inactive status beginning with the third year, which shall include at least:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

One (1) hour of ethics in approved continuing education programs;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

9211.12 For the licensure period ending December 31, 2019, to qualify for a teacher’s license in dentistry, an applicant for reinstatement of a license shall submit proof pursuant to § 9211.18 of having completed thirty (30) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reinstatement of the applicant’s license and an additional fifteen (15) hours of approved continuing education credit for each additional year that the license was expired beginning with the third year, which shall include at least:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

Two (2) hours of ethics in approved continuing education programs; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5).

9211.13 Beginning with the licensure period ending December 31, 2021, to qualify for a teacher’s license in dentistry, an applicant for reinstatement of a license shall submit proof pursuant to § 9211.18 of having completed thirty (30) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reinstatement of the applicant’s license and an additional fifteen (15) hours of approved continuing education credit for each additional year that the license was expired beginning with the third year, which shall include at least:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

One (1) hour of ethics in approved continuing education programs;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

9211.14 For the licensure period ending December 31, 2019, to qualify for a teacher’s license in dental hygiene, a person in inactive status pursuant to Section 511 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.11), who submits an application to reactivate a license shall submit proof pursuant to § 9211.18 of having completed fifteen (15) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reactivation of that applicant’s license and an additional eight (8) hours of approved continuing education credit for each additional year that the applicant was in inactive status beginning with the third year, which shall include:

Current CPR certification for healthcare providers at the basic level;

Two (2) hours of infection control training;

One (1) hour of ethics in approved continuing education programs; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5).

9211.15 Beginning with the licensure period ending December 31, 2021, to qualify for a teacher’s license in dental hygiene, a person in inactive status pursuant to Section 511 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.11), who submits an application to reactivate a license shall submit proof pursuant to § 9211.18 of having completed twenty (20) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reactivation of that applicant’s license and an additional eight (8) hours of approved continuing education credit for each additional year that the applicant was in inactive status beginning with the third year, which shall include:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

One (1) hour of ethics in approved continuing education programs;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

9211.16 For the licensure period ending December 31, 2019, to qualify for a license, an applicant for reinstatement of a teacher’s license in dental hygiene shall submit proof pursuant to § 9211.18 of having completed fifteen (15) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reinstatement of the applicant’s license and an additional eight (8) hours of approved continuing education credit for each additional year that the license was expired beginning with the third year, which shall include:

Current CPR certification for healthcare providers at the basic level;

Two (2) hours of infection control training;

One (1) hour of ethics in approved continuing education programs; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5).

9211.17 Beginning with the licensure period ending December 31, 2021, to qualify for a license, an applicant for reinstatement of a teacher’s license in dental hygiene shall submit proof pursuant to § 9211.18 of having completed twenty (20) hours of approved continuing education credit obtained within the two (2) year period preceding the date of the application for reinstatement of the applicant’s license and an additional eight (8) hours of approved continuing education credit for each additional year that the license was expired beginning with the third year, which shall include:

Current cardiopulmonary resuscitation certification for health care providers (“CPR certification”);

Two (2) hours of infection control in approved continuing education programs;

One (1) hour of ethics in approved continuing education programs;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

9211.18 An applicant for a teacher’s license in dentistry or for a teacher’s license in dental hygiene shall prove completion of required continuing education credits by submitting with the application the following information with respect to each program:

The name and address of the sponsor of the program;

The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

The dates on which the applicant attended the program;

The hours of credit claimed; and

Verification by the sponsor of completion, by signature or stamp.

9211.19 An applicant for renewal of a teacher’s license in dentistry or of a teacher’s license in dental hygiene license who fails to submit proof of having completed continuing education requirements by the date the license expires may renew the license up to sixty (60) days after expiration by submitting this proof pursuant to § 9211.18 and by paying the required additional late fee.

9211.20 Upon submitting proof of having completed continuing education requirements and paying the late fee, the applicant shall be deemed to have possessed a valid license during the period between the expiration of the license and the submission of the required documentation and payment of the late fee.

9211.21 If an applicant for renewal of a teacher’s license in dentistry or of a teacher’s license in dental hygiene fails to submit proof of completion of continuing education requirements or pay the late fee within sixty (60) days after the expiration of applicant’s license, the license shall be considered to have lapsed on the date of expiration.

9211.22 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew after expiration if the applicant’s failure to submit proof of completion was for good cause. As used in this section, “good cause” includes the following:

(a) Serious and protracted illness of the applicant; and

(b) The death or serious and protracted illness of a member of the immediate family.

History

• SOURCE: Final Rulemaking published at 65 DCR 5818 (May 25, 2018); as amended by Final Rulemaking published at 67 DCR 4734 (May 1, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9211

17 DCMR § 9212 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

9212.1 The Board, in its discretion, may approve continuing education programs and activities that contribute to the growth of an applicant in professional competence in the practice of dentistry and which meet the other requirements of this section.

9212.2 The Board may approve the following types of continuing education programs, if the program meets the requirements of § 9212.3:

An undergraduate or graduate course given at an accredited college or university;

A seminar or workshop;

An educational program given at a conference or convention; and

In-service training.

9212.3 To qualify for approval by the Board, a continuing education program shall do the following:

Be current in its subject matter;

Be developed and taught by qualified individuals; and

Meet one of the following requirements:

(1) Be administered or approved by a recognized national, state, or local dentistry organization; health care organization; accredited health care facility; or an accredited college or university; or

(2) Be submitted by the program sponsors to the Board for review no less than sixty (60) days prior to the date of the presentation and be approved by the Board.

9212.4 Continuing education credit will not be awarded for programs that do not relate to the theory or clinical application of theory pertaining to the practice of dentistry including but not limited to:

Courses pertaining to business communications and operations;

Courses solely pertaining to medical/dental coding terminology;

Courses pertaining to personal self-improvement, financial gain, or career options;

Courses designed for lay persons;

Providing instruction to persons who are not licensed, registered, certified, or students in the field of dentistry, dental hygiene, or dental assisting, or for conducting research, or publications, or any preparation for same;

On-the-job training;

Orientation programs or staff meetings, including orientation to new policies, non-therapeutic procedures, equipment, forms, responsibilities, services, etc;

Presentations made by students;

Participation in or attendance at, not as a presenter, case conferences, grand rounds, or informal presentations; or

Work done in the course of an applicant’s normal occupations or incident to the performance of his or her regular professional duties, such as teaching didactic courses, research, or course preparation in the case of a teacher or professor.

9212.5 The Board may issue and update a list of approved continuing education programs.

9212.6 An applicant shall have the burden of verifying whether the Board pursuant to this section prior to attending the program approves a program.

9212.7 The Board may approve the following continuing education activities by an applicant:

Serving as an instructor or speaker at a conference, seminar, workshop, or in-service training;

Publication of an article in a professional journal or publication of a book or a chapter in a book or publication of a book review in a professional journal or bulletin;

Serving as a clinical instructor for students of dentistry or dental residents; and

(d) Participation in research as a principal investigator or research assistant.

History

• SOURCE: Final Rulemaking published at 65 DCR 5818 (May 25, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9212

17 DCMR § 9213 CONTINUING EDUCATION CREDITS

9213.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

9213.2 For approved undergraduate or graduate courses, each semester hour of credit shall constitute fifteen (15) hours of continuing education credit, and each quarter hour of credit shall constitute ten (10) hours of continuing education credit.

9213.3 The Board may grant a maximum of thirteen (13) continuing education credits per year to an applicant who attends a full time post-graduate education program.

9213.4 The Board may grant credit to an applicant who serves as an instructor or speaker at an acceptable program for both preparation and presentation time, subject to the following restrictions:

The maximum amount of credit which may be granted for preparation time is twice the amount of the associated presentation time;

The maximum amount of credit which may be granted pursuant to this subsection is fifty percent (50%) of an applicant’s continuing education requirement; and

The presentation shall have been completed during the period for which credit is claimed.

9213.5 The Board may grant an applicant who is an author or editor of a published book twenty-five (25) continuing education credits, if the book has been published or accepted for publication during the period for which credit is claimed, and the applicant submits proof of this fact in the application.

9213.6 The Board may grant an applicant who is an author of a published original paper five (5) continuing education credits, subject to the same restrictions set forth for books in § 9213.5.

9213.7 The Board may grant an applicant who is the sole author of a published book review, review paper, or abstract, two (2) continuing education credits, subject to the same restrictions set forth for books in § 9213.5.

History

• SOURCE: Final Rulemaking published at 65 DCR 5818 (May 25, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9213

17 DCMR § 9299 DEFINITIONS

As used in this chapter, the following terms shall have the meaning as ascribed:

Act – the Omnibus Health Regulation Amendment Act of 2014, effective March 26, 2014 (D.C. Law 20-0096; 61 DCR 3751 (April 11, 2014)).

Board – the Board of Dentistry.

Direct supervision- means that a licensed dentist is physically present and reviews the work of the holder of a teacher’s license in dental hygiene before a patient leaves.

Director – the Director of the Department of Health.

General supervision – means that a licensed dentist is physically present or available by telecommunications device to supervise the holder of a teacher’s license in dentistry.

Licensed Dentist – a person who is licensed by the Board as a Dentist.

History

• SOURCE: Final Rulemaking published at 63 DCR 13701 (November 4, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9299

17-93 HOME HEALTH AIDES

17 DCMR § 9300 GENERAL PROVISIONS

9300.1 This chapter applies to applicants for, and holders of, a certification to practice as a home health aide (HHA) in the District of Columbia.

9300.2 Chapter 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9300

17 DCMR § 9301 CERTIFICATION

9301.1 A certification issued pursuant to this chapter shall expire at 11:59 p.m. on October 31 of each odd-numbered year.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9301

17 DCMR § 9302 TERM OF CERTIFICATION

9302.1 Subject to § 9301.1, a certification issued pursuant to this chapter shall expire at 11:59 p.m. of October 30 of each odd-numbered year.

9302.2 The Director may modify the renewal system pursuant to § 4006.3 of chapter 40 of this title and may modify the date on which a certification expires.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359, 8363 (July 13, 2012).

17 DCMR § 9303 CRIMINAL BACKGROUND CHECK

9303.1 A person applying for certification as an HHA shall undergo a criminal background check (CBC) prior to issuance of the certification.

9303.2 After issuance of an initial certification, the applicant shall undergo an additional background check every four (4) years or as determined by the Department of Health.

9303.3 The applicant shall pay a fee for the CBC as established by the Department of Health.

9303.4 The Board shall review the results of a CBC of a person if, within the seven (7) years preceding the CBC, the person has been convicted in the District of Columbia, or in any state or territory of the United States where the person has worked or resided, of any of the following offenses or their equivalent:

Murder, attempted murder, or manslaughter;

Arson;

Assault, battery, assault and battery, assault with a dangerous weapon, mayhem, or threats to do bodily harm;

Burglary;

Robbery;

Kidnapping;

Theft, fraud, forgery, extortion, or blackmail;

Illegal use or possession of a firearm;

Trespass or injury to property;

Rape, sexual assault, sexual battery, or sexual abuse;

Child abuse or cruelty to children;

Adult abuse, neglect, or exploitation; or

Unlawful distribution or possession with intent to distribute, of a controlled substance.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359, 8363 (July 13, 2012).

17 DCMR § 9304 CERTIFICATION REQUIREMENTS; APPLICATION FOR CERTIFICATION

9304.1 A person applying for certification as a home health aide shall:

Be at least eighteen (18) years of age;

Either:

Be licensed as a District of Columbia registered nurse or practical registered nurse; or

(2) Submit evidence of having successfully completed a Board approved certification examination;

(c) Meet the requirements of § 9303; and

(d) Submit a completed application and application fee.

9304.2 An application that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned and closed by the Board. The applicant shall thereafter be required to reapply, comply with the current requirements for certification, and pay the required fees.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9304

17 DCMR § 9305 CERTIFICATION BY EXAMINATION

9305.1 To qualify for certification by examination, an applicant shall provide proof of one (1) of the following:

(a) Successful completion of a home health aide training program or bridge to home health aide training program, within the past twenty-four (24) months, approved by the Board of Nursing (Board) or by a nursing board in the United States with standards determined by the Board to be substantially equivalent to the standards in the District of Columbia;

(b) Completion of a practical nursing or registered nursing “Fundamentals of Nursing” course with a clinical component in the United States, within the last thirty-six (36) months from the date of an application for certification; or

(c) A Commission on Graduates of Foreign Nursing Schools certificate, received within the last thirty-six (36) months from the date of an application for certification, indicating education as a registered nurse (RN) or licensed practical nurse (LPN) outside the United States.

9305.2 To request special accommodations for an examination, an applicant shall submit in writing, the following information:

A letter from the appropriate health professional that confirms the disability and provides information describing the accommodations required; and

A letter from the candidate’s education program, indicating what accommodations were granted by the program.

9305.3 If an applicant has not taken or passed the home health aide certification examination for more than twenty-four (24) months after the date the applicant becomes eligible to apply to take the examination, the applicant shall comply with the requirements set forth in § 9305.1(a).

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9305

17 DCMR § 9306 CERTIFICATION BY ENDORSEMENT

9306.1 An applicant for endorsement as an HHA shall provide proof of the following:

Current registration or certification as an HHA or similar title and duties in another jurisdiction;

Verification from a current employer certifying the applicant’s ability to perform skills listed in § 9315.1;

That the applicant has worked as an HHA for at least five hundred (500) hours; and

Completion of the requirements as listed in § 9304.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9306

17 DCMR § 9307 RENEWAL OF CERTIFICATION

9307.1 An applicant for renewal shall have:

Completed at least twelve (12) hours of continuing education or in-service each year for a total of twenty-four (24) hours each renewal period, including a minimum of three (3) hours of in-service or continuing education on HIV/AIDS, two (2) hours of continuing education in cultural competency or specialized clinical training on clients who identify as LGBTQ, or any Board mandated topics. Training shall be in the area of health or nursing needs of assigned patient population;

Provided evidence of the performance of a minimum of eight (8) hours of nursing related services for compensation during the prior twenty four (24) months; and

(c) Completed a criminal background check (CBC) as required.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9307

17 DCMR § 9308 INACTIVE STATUS; REACTIVATION OF CERTIFICATION

9308.1 An HHA with an active certification may request to be placed on inactive status.

9308.2 While on inactive status, the individual shall not be subject to the renewal fee and shall not practice, attempt to practice, or offer to practice as an HHA in the District of Columbia.

9308.3 To reactivate an inactive status, an individual shall:

Apply to the Board for reactivation of the certification;

Provide evidence of having completed twenty-four (24) hours of in-service training or continuing education within the past two (2) years prior to submission of an application;

Provide evidence of current HHA certification or registration in another jurisdiction; and

Provide evidence of having provided nursing services a minimum of eight (8) hours within the past two (2) years prior to submission of an application.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9308

17 DCMR § 9309 REINSTATEMENT OF EXPIRED CERTIFICATION

9309.1 If a home health aide fails to renew his or her certification, the Board shall reinstate the certification if the applicant:

(a) Applies to the Board for reinstatement of the certification within five (5) years after the certification expires;

(b) Provides evidence of having completed twenty-four (24) hours of in service training or continuing education hours within the past two (2) years prior to submission of an application; and

Provides evidence of having worked for at least a minimum of eight (8) hours within the last twenty-four (24) months as an HHA under the supervision of a RN or other licensed health professional.

9309.2 If an HHA fails to apply for reinstatement within five (5) years after his or her certification expires, the applicant shall meet the requirements for certification pursuant to § 9304.

9309.3 If an HHA does not hold a certification in another jurisdiction and fails to apply for reinstatement within five (5) years after his or her certification expires, the applicant shall meet the requirements for certification pursuant to § 9304.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9309

17 DCMR § 9310 [REPEALED].

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9310

17 DCMR § 9311 [REPEALED].

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9311

17 DCMR § 9312 RESERVED

History

• SOURCE: Final Rulemaking published at 59 DCR 8359, 8368 (July 13, 2012).

17 DCMR § 9313 ASSIGNMENT AND DELEGATION OF NURSING CARE TASKS TO HOME HEALTH AIDES

9313.1 A licensed nurse or authorized health care professional may assign or delegate tasks to HHAs that are among the authorized tasks listed in § 9315.

9313.2 HHAs shall not practice independently but shall work under the supervision of a licensed nurse or other licensed health care professional.

9313.3 The delegation or assignment shall comply with the standards for delegation listed in 17 DCMR § 5415. Nursing care tasks that may be delegated shall be determined by:

The knowledge and skills of the HHA;

Verification of the clinical competence of the HHA by the employing agency;

The stability of the client’s condition, including factors such as predictability, absence of risk of complication, and rate of change in health status; and

The variables in each health care setting which include, but are not limited to:

The accessible resources and established policies, procedures, practices and channels of communication that lend support to the type of nursing tasks being delegated to the home health aide;

The complexity and frequency of care needed by a given client population; and

The accessibility of a licensed nurse or other license health care professional.

9313.4 Nursing tasks that inherently involve on-going assessment, interpretation, or decision making that cannot be logically separated from one or more procedures shall not be delegated to the HHA.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9313

17 DCMR § 9314 RESERVED

History

• SOURCE: Final Rulemaking published at 59 DCR 8359, 8369 (July 13, 2012).

17 DCMR § 9315 HOME HEALTH AIDE AND PERSONAL CARE AIDE TASKS

9315.1 Under the supervision of a licensed nurse or other authorized licensed health care professional, when employed as a personal care aide (PCA), a person may perform the following tasks:

Cueing or hands-on assistance with performance of routine activities of daily living (such as, bathing, transferring, toileting, dressing, feeding, and maintaining bowel and bladder control);

Shop for items that are related to a patient’s nutritional status in accordance with dietary guidelines and other health needs;

(c) Assisting with telephone use;

(d) Preparing meals in accordance with dietary guidelines, and assisting with eating;

(e) Assisting with tasks related to keeping the patient’s living area in a condition that promotes the patient’s health and comfort;

(f) Assisting the patient with ambulation and range of motion exercise as prescribed;

(g) Assisting the patient with self-administration of medication;

(h) Reading and recording temperature, pulse, and respiration;

(i) Measuring and recording blood pressure, height and weight;

(j) Observing, recording, and reporting the patient’s physical condition, behavior, or appearance;

(k) Implementing universal precautions to ensure infection control;

(l) Accompanying the patient to medical and medically-related appointments, to the patient’s place of employment, and recreational activities if approved in the patient’s plan of care; and

(m) Assisting with incontinence, including bed pan use, changing urinary drainage bags, protective underwear, and monitoring urine input and output.

9315.2 In addition to the tasks specified in § 9315.1, under the supervision of a licensed nurse or health care professional, when employed as an HHA, a person may perform the following tasks:

(a) Changing simple dressings that do not require the skills of a licensed nurse;

(b) Assisting the patient with activities that are directly supportive of skilled therapy services;

(c) Assisting with routine care of prosthetic and orthotic devices;

(d) Emptying and changing colostomy bags and performing care of the stoma;

(e) Cleaning around a g-tube site;

(f) Administering an enema;

(g) Administering oxygen therapy; and

(h) Administering medications, provided that the HHA is certified as a medication aide.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9315

17 DCMR § 9316 RESERVED

History

• SOURCE: Final Rulemaking published at 59 DCR 8359, 8370 (July 13, 2012).

17 DCMR § 9317 DISCIPLINE

9317.1 The Board of Nursing may revoke, suspend, or deny recertification of any HHA who is convicted, during a period of certification, of any of the crimes as listed in § 9303.4 or any act specified in D.C. Official Code § 3-1205.14 (2012 Supp.).

9317.2 In addition to any other disciplinary action it may take, impose a civil penalty of not more than five thousand dollars ($5,000) per violation or file a letter of concern if the Board believes there is insufficient evidence to support direct action against the HHA.

9317.3 Grounds for denial, suspension, revocation or other discipline of a home health aide include the inability to function with reasonable skill and safety for the following reasons and for any additional acts as specified in D.C. Official Code § 3-1205.14:

Substance abuse or other chemical dependency;

Client abandonment;

Fraud or deceit, which may include but is not limited to:

Filing false credentials;

Falsely representing facts on an application for initial certification, reinstatement or renewal; or

Giving or receiving assistance in taking the competency evaluation.

Client neglect, abuse or misappropriation of funds;

Boundary violations;

Unsafe client care;

Performing acts beyond the HHA range of functions or beyond those delegated;

Misappropriating or misusing property;

A criminal conviction;

Failing to conform to acceptable standards of practice as an HHA;

Putting clients at risk of harm; or

Violating the privacy or failing to maintain the confidentiality of client information.

9317.4 The Board shall maintain and make available all public disciplinary actions.

9317.5 A home health aide who is unable to perform his or her duties due to drug or alcohol dependency or mental illness may use the services offered under the Nurse’s Rehabilitation Program pursuant to D.C. Official Code §§ 3-12051.01, et seq. (2012 Repl.).

9317.6 The Board may refer for criminal prosecution any violation of the Health Occupations Revision Act, D.C. Official Code §§ 3-1201.01, et seq. (2012 Repl. & 2015 Supp.) that it deems appropriate.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9317

17 DCMR § 9318 RESERVED

History

• SOURCE: Final Rulemaking published at 59 DCR 8359, 8371 (July 13, 2012).

17 DCMR § 9319 RESERVED

History

• SOURCE: Final Rulemaking published at 59 DCR 8359, 8371 (July 13, 2012).

17 DCMR § 9320 STANDARDS FOR HOME HEALTH AIDE TRAINING PROGRAMS

9320.1 No institution shall provide HHA training in the District of Columbia unless its training program has been approved by the Board.

9320.2 The following types of institutions may apply for approval to provide HHA training:

(a) Private degree-granting educational institutions operating or incorporated in the District of Columbia that are licensed by the Education Licensure Commission pursuant to the Educational Institution Licensure Act of 1976; (D.C. Law 1-104; D.C. Official Code §§ 31-1301, et seq. (2001 Ed. & 2012 Supp.));

(b) Private non-degree-granting post-secondary schools operating in the District of Columbia which are licensed by the Education Licensure Commission;

(c) District public vocational or trade schools;

(d) District public universities or colleges; and

(e) Health care facilities licensed as training facilities by the Education Licensure Commission and operating in the District of Columbia that have received no adverse actions during the preceding two (2) years.

9320.3 The Board shall consider any one (1) of the following as an adverse action which would preclude a health care facility from providing HHA training:

The termination, restriction, or revocation of a facility’s participation in the Medicare or Medicaid program;

Provisional or restricted licensure of the facility, provided it is not a new facility; or

If a facility has a provider agreement of less than one (1) year.

9320.4 All HHA training programs shall have adequate faculty and clinical facilities to provide supervised clinical experience with early, realistic exposure to job requirements. The clinical experience shall include the full range of skills needed in the workplace.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9320

17 DCMR § 9321 SUPERVISED PRACTICE OF HOME HEALTH AIDE TRAINEES

9321.1 An HHA trainee may practice only in accordance with the Act and this chapter.

9321.2 A trainee who is fulfilling educational requirements under this chapter may engage in supervised practice without a District of Columbia certification.

9321.3 All supervised practice of a trainee shall take place under the general or immediate supervision of a licensed nurse.

9321.4 A trainee shall identify himself or herself as a trainee before practicing.

9321.5 A trainee shall not receive compensation of any nature, directly or indirectly, from a client or client’s family member.

9321.6 The nurse supervising the trainee shall be responsible for all practice by a trainee during the period of supervision and may be subject to disciplinary action for violations of the District of Columbia Health Occupations Revision Act of 1985, effective March 15, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq. (2007 Repl. & 2012 Supp.)) (Act) or this chapter by the trainee.

9321.7 The Board may deny an application for certification by, or take other disciplinary action against, a trainee who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the trainee.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9321

17 DCMR § 9322 RESERVED

History

• SOURCE: Final Rulemaking published at 59 DCR 8359, 8372 (July 13, 2012).

17 DCMR § 9323 RESERVED

History

• SOURCE: Final Rulemaking published at 59 DCR 8359, 8372 (July 13, 2012).

17 DCMR § 9324 HOME HEALTH AIDE PROGRAM APPROVAL PROCEDURES

9324.1 Each institution applying for approval to provide HHA training shall do the following:

At least ninety (90) days in advance of the scheduled starting date, submit to the Board a statement of intent to establish an HHA training program;

(b) Submit an application for approval which contains the following information:

A statement of purpose;

A statement of need for the training program in the District of Columbia;

(3) A description of the proposed program’s potential effect on existing home health aide training programs in the area;

(4) The organizational structure of the institution showing the relationship of the proposed training program within the organization;

(5) Evidence of adequate financial resources for planning, implementation, and continuation of the program;

(6) Licensure status of the proposed training facility;

(7) The backgrounds and qualifications of the proposed instructors;

The number of full time equivalent (FTE) budgeted instructor positions;

(9) Evidence of the availability of adequate clinical facilities;

(10) A description of the anticipated trainee population, including the admission criteria, health requirements, copy of entrance examination, and graduation criteria;

(11) A tentative time schedule for planning and initiating the program; and

(12) Fee schedules.

(c) Submit the one thousand dollar ($1,000) application fee.

9324.2 Schools currently non-compliant with the Board’s regulatory requirements for existing programs are not eligible to submit an application to establish an additional program.

9324.3 After reviewing the application, based on the applicant’s compliance with § 9327, a decision shall be made to:

(a) Approve the program;

(b) Defer approval if additional information is needed; or

Deny approval of the program.

9324.4 If an application approval has been granted, the applicant shall attend a Board sponsored orientation and a site visit shall be conducted.

9324.5 After reviewing the site visit report and an applicant’s compliance with § 9332, the Board shall vote to approve, deny, or defer program approval for resource, facility, or service concerns.

9324.6 After receiving program approval, the applicant shall attend a Board sponsored orientation. A training program shall not admit trainees to the program before successful completion of the orientation.

9324.7 If the application is denied, the applicant may not resubmit an application until one (1) year has passed from the last submission.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9324

17 DCMR § 9325 PERIODIC REVIEWS OF APPROVED PROGRAMS

9325.1 Programs approved by the Board to train HHAs shall submit to the Board an annual report and pay the fee in accordance with procedures set out by the Board.

9325.2 The Board shall re-evaluate HHA training programs at least once a year.

9325.3 The Board may make unannounced visits to review and assess each HHA training program to ensure that the program is in compliance with §§ 9327, 9328, 9331, and 9332.

9325.4 The Board shall assess each training program on the basis of visits to the facility, the progress of the training program, annual reporting, and any other information deemed appropriate by the Board.

9325.5 The program shall meet the seventy-five percent (75%) passing rate on the District’s competency evaluation each year.

9325.6 The training program deficiencies sufficient to warrant withdrawal of approval shall include, but not be limited to the following:

Failure to effectively utilize the District’s approved curriculum for the training program;

(b) Failure to maintain an adequate number of instructors with required qualifications;

(c) Failure to meet the seventy five percent (75%) passing rate on the District’s approved competency evaluation for a period of two (2) consecutive years;

(d) Failure of trainees to demonstrate minimal competencies upon employment;

Failure to adhere to training program’s stated objectives and policies;

Failure to maintain adequate resources, facilities, and services required to meet training objectives; and

Failure to correct other deficiencies outlined by the Board.

9325.7 If the training program does not meet the requirements for continued approval:

The Board may grant conditional approval not to exceed one (1) year, pending correction of the deficiencies; and

The Board may restrict the admission of trainees to programs in conditional status.

9325.8 The Board shall withdraw approval of a training program if:

It determines that the program is not in compliance with the regulatory requirements set forth in this chapter;

(b) The education institution loses its licensure; or

The program fails to correct the deficiencies within the time frame specified by the Board.

9325.9 The Board may consider reinstatement or approval of a training program upon submission of satisfactory evidence that the program meets the standards set forth in this chapter.

9325.10 The Board may investigate complaints made against a program and may conduct hearings in connection with such complaints.

9325.11 Any Board action for suspension or withdrawal of a training program’s approval shall take place only upon notice to the program and the opportunity for a hearing in accordance with D.C. Official Code § 3-1205.14 (2012 Supp.).

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9325

17 DCMR § 9326 RESERVED

History

• SOURCE: Final Rulemaking published at 59 DCR 8359, 8376 (July 13, 2012).

17 DCMR § 9327 HOME HEALTH AIDE TRAINING PROGRAM REQUIREMENTS

9327.1 Training programs shall use the Board approved home health aide model curriculum, as it may be amended from time to time.

9327.2 [REPEALED].

9327.3 The training program shall be coordinated by a registered nurse who:

Has a current, unencumbered license issued by the District of Columbia;

Has at least two (2) years of fulltime or fulltime equivalent experience as a licensed nurse with at least one (1) year of clinical experience in a home setting; and

Has not been disciplined by the Board pursuant to D.C. Official Code § 3-1205.14 (2012 Repl.).

9327.4 The HHA program coordinator shall be a qualified registered nurse with institutional authority and administrative responsibility for the program.

9327.5 The program coordinator’s supervision and responsibility shall include, but not be limited to:

Ensuring that the curriculum is coordinated and implemented in accordance with this chapter;

Establishing the responsibilities of the instructors;

Ensuring that each instructor meets the qualifications specified in this chapter;

Ensuring that each student is properly supervised during the student’s clinical experience;

Ensuring that each clinical preceptor provides the evaluation of the student’s performance to the clinical instructor; and

Reporting annually and responding upon request to the Board.

9327.6 The clinical preceptor shall have the following minimum qualifications:

(a) Be currently licensed or registered in good standing in the jurisdiction in which he or she is providing the preceptorship; and

(b) Have a minimum of two (2) years of experience providing direct patient care during the five (5) years immediately preceding the date of the written agreement.

9327.7 The ratio of preceptor to trainees in clinical areas involving direct care of clients shall not exceed one (1) instructor or preceptor to two (2) HHAs.

Each instructor shall have the following minimum qualifications:

Be licensed or certified in his or her profession in the District of Columbia;

Have completed a course in teaching adults or have experience in teaching adults and supervising home health aides; and

Be licensed as a nurse in the District of Columbia and have a minimum of three (3) years of current clinical experience in the home or residential settings.

The ratio of clinical instructors to trainees in clinical areas involving direct care of clients shall not exceed one (1) instructor to eight (8) trainees.

9327.10 Each training program shall have a record or attestation that trainees received information on the policies governing admission, retention, dismissal, and the course requirements of the training program, in writing.

9327.11 Each training program shall have records of vaccinations of applicants for communicable diseases, prior to admission.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9327

17 DCMR § 9328 MINIMUM QUALIFICATIONS FOR HOME HEALTH AIDE TRAINEES

9328.1 Each trainee shall be required to take a Board-approved pre-admission examination to assess reading, writing, and math skills prior to enrollment in a training program.

9328.2 Each trainee shall be required to provide evidence of vaccinations or immunity to communicable diseases prior to admission.

Each trainee shall attest in writing to receiving information on:

The policies governing admission, retention, dismissal, and the course requirements of the training program, in writing; and

Certification requirements including CBC and examination.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9328

17 DCMR § 9329 RESERVED

History

• SOURCE: Final Rulemaking published at 59 DCR 8359, 8383 (July 13, 2012).

17 DCMR § 9330 CLOSING OF EDUCATION AND TRAINING PROGRAMS

9330.1 Each HHA program that voluntarily closes shall:

(a) As early as reasonably possible, notify the Board, in writing, of the intended closing, stating the reason(s) for and planned date of the intended closing;

(b) Continue the training program until the committed class scheduled for currently enrolled trainees is completed; and

(c) Notify the Board of the final closing date at least thirty (30) days before the final closing.

9330.2 Before the Board may withdraw approval of a program, the Board shall:

(a) Issue a notice of intended action to the program notifying the program that:

The Board intends to withdraw approval of the program and the reasons for the action; and

The program has a right to a hearing.

(b) Send notice to the Education Licensure Commission of the Board’s intention to withdraw program approval.

9330.3 If the Board denies or withdraws approval of a training program, the institution shall:

(a) Close the program on the date provided by the Board; and

(b) Comply with the requirements of all applicable rules and notify the Board that the requirements have been fulfilled.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9330

17 DCMR § 9331 RECORDS RETENTION

9331.1 Each HHA training program shall maintain an accurate and appropriate system of record keeping.

9331.2 Each HHA training program shall ensure that administrative and personnel records are protected against loss, destruction, and unauthorized review.

9331.3 A record for each trainee shall be maintained by the facility and shall include the trainee’s evaluation and health information, and items set forth in § 9328.

9331.4 Each instructor’s personnel records shall be maintained by the facility and shall include application data, qualifications, and position description.

9331.5 All records shall be maintained by the HHA training program for a minimum of five (5) years.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9331

17 DCMR § 9332 RESOURCES, FACILITIES, AND SERVICES

9332.1 Each HHA training program shall maintain resources, facilities, and services which are adequate to accommodate the training program. The resources, facilities, and services shall include, but are not limited to:

(a) Adequate temperature controls in each training facility;

(b) Clean and safe conditions of the facility’s premises;

(c) Adequate space to accommodate faculty;

(d) Adequate lighting in each facility; and

(e) Sufficient and adequate equipment for the program’s needs, including audio-visual equipment and equipment needed for simulating client care.

9332.2 Each classroom, conference room, laboratory, and office shall be adequate to meet the needs of the training program.

9332.3 Each cooperative agreement between a training program and a healthcare facility shall be in writing. The training program shall maintain a copy of the agreement in its records.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9332

17 DCMR § 9399 DEFINITIONS

9399.1 As used in this chapter, the following terms shall have the meanings ascribed:

Abuse - any willful or reckless act or omission that causes or is likely to cause or contribute to, or which caused or is likely to have caused or contributed to, physical or emotional injury, death, or financial exploitation of a client.

Activities of daily living - self-care activities which a person performs independently, when able, to sustain personal needs or to participate in society.

Applicant - a person applying for a certification to practice as an HHA.

Board - the Board of Nursing, established by § 204 of the Act, D.C. Official Code § 3-1202.04 (2012 Supp.).

Clinical activities - faculty-planned and guided learning activities designed to assist students in meeting course objectives and to apply nursing knowledge and skills in the direct care of clients, including clinical conferences, planned learning activities in community facilities and residences, and other resources. Clinical activities shall not include skills lab activities.

Clinical preceptor - an individual meeting the requirements of this chapter who is an employee of a clinical agency and works with a trainee in a clinical setting to facilitate student learning in a manner specified in a signed written agreement between the agency and the educational institution.

Clinical preceptorship - an organized system of clinical experiences which allows an HHA trainee to be paired with a clinical preceptor for the purpose of attaining specific learning objectives.

Conditional approval - the approval status that is granted for a time period specified by the Board to an HHA training program to correct deficiencies when the training program has failed to meet or maintain the requirements and standards of this chapter.

Continuing education - systematic learning experiences designed to augment the knowledge, skills, and attitudes of the HHA. Content of continuing education reflects current and emerging concepts, principles, practices, theories, and nursing related research, information beyond that which is taught in the training program. Continuing education is not basic skill training, competency training, local policy administrative procedures training, or update briefings.

Cueing – means using verbal prompts in the form of instruction or reminders to assist persons with ADLs and IADLs.

Delegation – means the transference from the licensed nurse to another individual within the scope of his or her practice, the authority to act on behalf of the licensed nurse in the performance of a nursing intervention, while the licensed nurse retains accountability and responsibility for the delegated act.

Department – means the Department of Health.

Direct supervision - supervision in which the supervisor is physically present and accessible in the immediate client area and is available to intervene if necessary.

Director – Director of the D.C. Department of Health.

Education Licensure Commission – Mayoral appointed regulatory, consumer protection authority responsible for public protection with regard to legitimate quality education in the District of Columbia. The Commission establishes standards for postsecondary educational operations, authorizes operations, approves programs, issues or denies licenses to, and oversees all private postsecondary educational institutions in the District of Columbia. The Commission is the Mayor’s only entity authorized to issue educational licenses and is charged with advising the Mayor and City Council with respect to postsecondary educational needs of the District.

Endorsement - the process of issuing a certification to an HHA applicant who is registered or certified by a state board and recognized by the Board as a qualified professional according to standards that were the substantial equivalent at the time of the certification to the standards for that profession set forth in this chapter and who has continually remained in good standing with the Board from the date of certification until the date of certification in the District.

General supervision - supervision in which the supervisor is available for consultation either in person or by a communication device, but is not necessarily physically present on the premises.

Health care facility – means an assisted living residence (ALR), homes for persons with physical or intellectual disabilities, skilled home care agencies, and those that provide long-term and acute care health services.

Home health aide (HHA) - an individual, including a personal care aide (PCA), who as a result of training and demonstrated competencies, works under the supervision of a nurse or other health professional licensed in the District of Columbia and provides nursing or nursing related services to clients in a home setting or in assistive living facilities.

Immediate supervision – supervision in which the supervisor is physically with the supervisee and is either discussing or observing the supervisee’s practice.

In-service – learning experiences provided in the work setting for the purpose of assisting staff members in performing their assigned functions in that particular agency or institution; and consists of activities intended to assist the HHA to acquire, maintain, or increase competence in fulfilling the assigned responsibilities specific to the expectations of the employer.

Institutional authority – means the right or power given by the school or organization offering the training, to the nurse coordinator to control, command, and make decisions regarding the specified training program.

Licensed practitioner – means an individual licensed to practice a health occupation in the District of Columbia.

Misappropriation – the application of another’s property or money dishonestly to one’s own use.

Neglect – any act or omission which causes or is likely to cause or contribute to, or which caused or is likely to have caused or contributed to the injury, death, or financial exploitation of a consumer.

Nursing assistive personnel – means an individual other than a licensed nurse, who has received appropriate training or instruction to function in a complementary or assistant role to a licensed nurse, in providing direct patient care or in carry out common nursing tasks. The term includes, but is not limited to, nursing students, graduate nurses, home health aides, personal care aides, medication aides, certified nurse assistants, patient care technicians, or others as specified by the Board of Nursing.

Pass rate – means the percentage of candidates who received a passing score on the competency evaluation out of the total exams administered for the review period.

Personal care aide – means an individual certified as a home health aide, who, as a result of training and demonstrated competencies, works under the supervision of a nurse or other health professional licensed in the District of Columbia and provides personal care services as specified in § 9315.1.

Program – means the planned series of instruction, didactic and clinical, designed so that the student will acquire the requisite knowledge and skills.

Reinstatement – reissuance of an expired HHA certificate.

Skills laboratory activities – faculty guided activities planned for students in a school/campus laboratory that simulates the activities provided by the HHA. The activities include demonstrations and return demonstrations using equipment and supplies that are used in the home for the purpose of attaining required psychomotor skills.

9399.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9332

17-94 DIALYSIS TECHNICIANS

17 DCMR § 9400 GENERAL PROVISIONS

9400.1 This chapter applies to applicants for, and holders of, a registration to practice as a dialysis technician (DT).

9400.2 Chapter 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title apply to holders of a registration to practice as a DT.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9400

17 DCMR § 9401 REGISTRATION

9401.1 Pursuant to 42 CFR § 494.180(b)(5), no person shall practice as a DT in the District of Columbia longer than eighteen (18) months without being registered by the Board of Nursing (Board) as a DT.

9401.2 A DT shall be certified pursuant to § 9404.1(d) and registered by the Board within eighteen (18) months of his or her hire date. If a DT who is not certified changes employment from one dialysis facility to another, the time he or she was employed in the first facility shall count towards the eighteen (18) month period for certification unless he or she had a gap in employment as a DT of more than eighteen (18) months.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9401

17 DCMR § 9402 TERM OF REGISTRATION

9402.1 Subject to § 9401.1, a registration issued pursuant to this chapter shall expire at 11:59 p.m. on October 31 of each even-numbered year.

9402.2 The Director may modify the renewal system pursuant to § 4006.3 of Chapter 40 of this title and may modify the date on which a registration expires.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9402

17 DCMR § 9403 CRIMINAL BACKGROUND CHECK

9403.1 A person applying for registration (“an applicant”) as a DT shall undergo a criminal background check (CBC) prior to issuance of the registration.

9403.2 After issuance of an initial certification, the applicant shall undergo an additional CBC as determined by Title 17 DCMR Chapter 85.

9403.3 The Board shall review the positive results of an applicant’s CBC.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9403

17 DCMR § 9404 GENERAL REQUIREMENTS FOR DIALYSIS TECHNICIAN REGISTRATION

9404.1 An applicant for registration as a DT shall:

Be at least eighteen (18) years of age;

(b) Have graduated from high school or have a graduate equivalency diploma;

(c) Submit an application and application fee; and

(d) Submit evidence of current certification from one of the following:

(1) The Certified Clinical Hemodialysis Technician Examination offered by the Nephrology Nursing Certification Commission;

(2) The Board of Nephrology Examiners for Nursing and Technology examination;

(3) The National Nephrology Certification Organization examination; or

(4) Another certification program recognized by the Centers for Medicare & Medicaid Services (CMS) and the Board.

9404.2 An application that remains incomplete for ninety (90) days or more from the date of submission may be considered abandoned and may be closed by the Board. The applicant shall thereafter be required to reapply, comply with the current requirements for registration, and pay the required fees.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9404

17 DCMR § 9406 DIALYSIS TECHNICIAN REGISTRATION BY ENDORSEMENT

9406.1 An applicant currently working in another jurisdiction as a DT shall apply for registration as a DT by endorsement in order to work in the District of Columbia as a DT.

9406.2 An applicant for registration by endorsement as a DT shall provide proof of the following:

That he or she has a current unencumbered certification as a DT by a certifying body recognized by the Board; and

That he or she has an unencumbered certification, registration or licensure from another jurisdiction, if applicable.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9406

17 DCMR § 9407 DIALYSIS TECHNICIAN REGISTRATION RENEWAL

To qualify for the renewal of a registration, an applicant shall:

(a) Have practiced for a minimum of one hundred (100) hours during the prior twenty-four (24) months as a dialysis technician under the supervision of a registered nurse (RN);

(b) Possess a current certification as a dialysis technician from an acceptable certification program in accordance with § 9404.1(d);

(c) Have completed, during the two (2) years before the expiration of the registration, twenty-four (24) hours of in-service training or continuing education which meets the requirements of § 9407.2 and complies with the following:

(1) Two (2) hours shall be in cultural competency or specialized clinical training focused on patients or clients who identify as lesbian, gay, bisexual, transgender and queer in accordance with D.C. Official Code § 3-1205.10(b)(5); and

(2) Ten percent (10%) of the total shall be in subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed necessary; and

(d) Have completed a criminal background check as required by § 9403.

9407.2 In-service programs or continuing education provided by a nursing organization, or health services organization that is recognized by the Board, shall be:

(a) Current in subject matter;

(b) Developed and taught by qualified individuals; and

(c) Relevant to the role of a DT.

9407.3 The Board may conduct a random audit of renewal applicants or certified Dialysis Technicians to determine compliance with §§ 9407.1 and 9407.2.

9407.4 The Board shall have the authority, in accordance with § 4018.1, to modify the number of hours of in-service training or continuing education required pursuant to § 9407.1(c) for any renewal applicant if there is good cause which necessitates a modification.

9407.5 The Board shall have the authority, in accordance with § 4018.2, to modify the number of hours of in-service training or continuing education required pursuant to § 9407.1(c) for all renewal applicants if an extraordinary circumstance, such as a public health emergency, necessitates a modification.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019); as amended by Final Rulemaking published at 68 DCR 009545 (September 10, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9407

17 DCMR § 9408 DIALYSIS TECHNICIAN INACTIVE STATUS AND REACTIVATION OF REGISTRATION

9408.1 A DT with an active certification may request to be placed on inactive status.

9408.2 While on inactive status, the individual shall not be subject to the renewal fee and shall not practice as a DT in the District of Columbia.

9408.3 To reactivate an inactive status, the individual shall submit evidence of current certification from a certification program recognized by the CMS and the Board.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9408

17 DCMR § 9409 DIALYSIS TECHNICIAN REINSTATEMENT OF EXPIRED REGISTRATION

9409.1 If a DT fails to renew his or her registration, the Board shall reinstate the registration if the applicant:

Applies to the Board for reinstatement of the registration within five (5) years after the registration expires;

Provides evidence of current certification;

(c) Provides evidence of having completed twelve (12) continuing education hours within the year prior to submission of an application; and

(d) Completes a CBC as required in accordance with Title 17 DCMR Chapter 85.

9409.2 If a DT does not hold a national certification and fails to apply for reinstatement within five (5) years after it expires, the applicant shall meet the requirements pursuant to § 9404.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9409

17 DCMR § 9413 ASSIGNMENT AND DELEGATION OF NURSING CARE TASKS TO DIALYSIS TECHNICIANS

9413.1 A registered nurse (RN) may delegate nursing care tasks to a DT.

9413.2 A DT shall not practice independently but shall work under the supervision of a RN.

9413.3 Dialysis tasks that may be delegated to a DT shall comply with the standards for delegation listed in 17 DCMR § 5415 and be determined by:

The knowledge and skills of the DT;

Verification of the clinical competence of the DT by the employing agency;

The stability of the patient’s condition that involves predictability, absence of risk of complication, and rate of change;

The variables in each health care setting which include, but are not limited to:

(1) The accessible resources and established policies, procedures, practices and channels of communication that lend support to the type of dialysis tasks, functions, or activities being delegated to a DT;

(2) The complexity and frequency of care needed by a given client population;

(3) The proximity of clients to staff;

(4) The number and qualifications of staff; and

(5) The accessibility of the registered nurse or other licensed health professionals.

9413.4 Dialysis that inherently involves on-going assessment, interpretation or decision making that cannot be logically separated from the procedure(s) shall not be delegated to a DT.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9413

17 DCMR § 9415 DIALYSIS TECHNICIAN TASKS

9415.1 A DT may perform the following tasks under the supervision of a registered nurse, nurse practitioner, or physician while utilizing effective communication and interpersonal skills:

(a) Preparing and cannulating peripheral access sites;

(b) Initiating, delivering or discontinuing dialysis care;

(c) Measuring and recording temperature, pulse, respiration, and blood pressure when initiating, delivering, or discontinuing dialysis patient care;

(d) Administering the following drugs only:

(1) Anticoagulants either to prime the extracorporeal system in preparation for initiation of treatment, or for administration throughout the treatment, in an amount prescribed by a licensed provider; and

(2) Normal saline via the extracorporeal system to correct dialysis induced hypotension based on the facility’s medical protocol, provided that amounts beyond that established in the facility’s medical protocol shall not be administered without the direction from a registered nurse, nurse practitioner, physician, or physician assistant.

(e) Assisting the registered nurse in data collection;

(f) Obtaining a blood specimen via the extracorporeal system;

(g) Responding to complications that arise in conjunction with dialysis care;

(h) Managing vascular access; and

(i) Maintaining the central venous catheter.

9415.2 The scope of practice of a DT shall not include:

(a) Dialysis care for a patient whose condition is determined by the registered nurse to be critical, fluctuating, or unpredictable; and

(b) The administration of blood and blood products.

9415.3 DTs, where appropriate, shall provide care based upon standing treatment protocols.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9415

17 DCMR § 9417 DISCIPLINE

9417.1 The Board may revoke, suspend, or deny the registration of any DT who is convicted of any crime involving moral turpitude pursuant to D.C. Official Code § 3-1205.14(a)(4) (20126 Repl. & 2018 Supp.).

9417.2 In addition to any other disciplinary action it may take, the Board may impose a civil penalty of not more than five thousand dollars ($5,000) per violation as provided by D.C. Official Code § 3-1205.14(c)(5)) (2016 Repl. & 2018 Supp.), or file a letter of concern if the Board believes there is insufficient evidence to support direct action against the DT.

9417.3 Grounds for denial, suspension, revocation or other discipline of a DT include the inability to function with reasonable skill and safety for the following reasons and for any additional acts as specified in D.C. Official Code § 3-1205.14 (2016 Repl. and 2018 Supp.):

(a) Substance abuse or other chemical dependency;

(b) Client abandonment;

(c) Fraud or deceit, which may include but is not limited to:

(1) Filing false credentials;

(2) Falsely representing facts on an application for initial certification, reinstatement, or renewal; or

(3) Giving or receiving assistance in taking the competency evaluation;

(d) Client neglect, abuse, or misappropriation of funds;

(e) Boundary violations;

(f) Unsafe client care;

(g) Performance of acts beyond the DT’s range of functions or beyond those tasks delegated;

(h) Misappropriation or misuse of property;

(i) Criminal conviction;

(j) Failure to conform to acceptable standards of practice as a DT;

(k) Placement of clients at risk of harm; or

(l) Violation of the privacy or failure to maintain the confidentiality of client information.

9417.4 The Board shall maintain and make available all public Board disciplinary actions.

9417.5 DT’s who are unable to perform their duties due to drug or alcohol dependency or mental illness may utilize the services offered under the Nurse Rehabilitation Program pursuant to D.C. Official Code §§ 3-1251.01, et seq. (2016 Repl.)

9417.6 The Board may refer for criminal prosecution any violation of the Health Occupations Revision Act, D.C. Official Code §§ 3-1201.01, et seq. (2016 Repl. & 2018 Supp.) that it deems appropriate.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9417

17 DCMR § 9420 STANDARDS FOR DIALYSIS TECHNICIAN TRAINING PROGRAMS

9420.1 A medical director and nurse manager shall be responsible for patient care and outcomes in DT training programs.

9420.2 The medical director shall be accountable to the governing body of the dialysis facility for the quality of medical care provided to patients in DT training programs.

9420.3 Pursuant to 42 CFR § 494.140(a), the medical director shall be a physician in internal medicine or pediatrics, certified by a professional board, who has completed a board-approved training program in nephrology and has at least twelve (12) months of experience providing care to patients receiving dialysis.

9420.4 If a physician, as specified in § 9420.3, is not available to direct a dialysis training program, another physician may direct the program subject to the approval of the Department of Health pursuant to 42 CFR § 494.140(a)(2).

9420.5 Pursuant to 42 CFR § 494.140(b), the nurse manager shall meet the following qualifications:

(a) Be a full-time employee of the training program;

(b) Be an RN;

(c) Have at least twelve (12) months experience in clinical nursing, and an additional six (6) months of experience in providing nursing care to patients on maintenance dialysis.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9420

17 DCMR § 9499 DEFINITIONS

9499.1 As used in this chapter, the following terms shall have the meanings ascribed:

Abuse - any willful or reckless act or omission by a DT that causes or is likely to cause or contribute to, or which caused or is likely to have caused or contributed to, physical or emotional injury, death, or financial exploitation of a client.

Administer - the direct application of drugs to the human body only by insertion or via a dialysis tubing device as prescribed by a licensed provider.

Applicant - a person applying for a registration to practice as a DT.

Board - the Board of Nursing as established by § 204 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1202.04 (2016 Repl.)).

Continuing education - systematic learning experiences designed to augment the knowledge, skills, and attitudes of the DT.

Criminal background check – an investigation into a person’s history by the appropriate state and federal authorities or approved vendor to determine whether the person has been convicted of a crime in the District of Columbia or in any other state or territory of the United States.

Delegation - the transference from the RN to another individual within the scope of his or her practice, the authority to act on behalf of the RN in the performance of a nursing intervention, while the RN retains accountability and responsibility for the delegated act.

Director - the Director of the Department of Health, or his or her designee.

Endorsement - the process of issuing a certification to a DT applicant who is registered by a state Board and recognized by the Board as a qualified professional according to standards that were the substantial equivalent at the time of the certification to the standards for that profession set forth in this chapter and who has continually remained in good standing with the Board from the date of certification until the date of certification in the District.

In-service - learning experiences provided in the work setting for the purpose of assisting staff members in performing their assigned functions in that particular agency or institution.

Misappropriation - the application of another’s property or money dishonestly to one’s own use.

Neglect - any act or omission by a DT which causes or is likely to cause or contribute to, or which caused or is likely to have caused or contributed to the injury, death, or financial exploitation of a consumer.

Program - the planned series of instructions, didactic and clinical, designed so the student will acquire the requisite knowledge and skills.

Reinstatement - reissuance of an expired DT registration.

9499.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9499

17-95 MEDICATION AIDES

17 DCMR § 9500 GENERAL PROVISIONS

9500.1 This chapter applies to applicants for, and holders of, a certification to practice as a medication aide (MA-C).

9500.2 Chapter 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title apply to holders of a certification to practice as an MA-C.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9500

17 DCMR § 9501 CERTIFICATION

9501.1 No person shall practice as an MA-C in the District of Columbia without being certified by the Board of Nursing (Board).

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9501

17 DCMR § 9502 TERM OF CERTIFICATION

9502.1 Subject to § 9501.1, a certification issued pursuant to this chapter shall expire at 11:59 p.m. on October 31 of each odd-numbered year.

9502.2 The Director of the Department of Health (DOH) may modify the renewal system pursuant to § 4006.3 of Chapter 40 of this title and may modify the date on which a certification expires.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9502

17 DCMR § 9503 CRIMINAL BACKGROUND CHECK

9503.1 A person applying for certification as an MA-C shall undergo a criminal background check (CBC) prior to issuance of the certification.

9503.2 After issuance of an initial certification, the applicant shall undergo an additional CBC in accordance with Title 17 DCMR Chapter 85.

9503.3 The Board shall review the applicant’s positive CBC results.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9503

17 DCMR § 9504 GENERAL REQUIREMENTS FOR MEDICATION AIDE CERTIFICATION

9504.1 An applicant for certification as an MA-C shall:

(a) Be at least eighteen (18) years of age;

(b) Provide evidence of having passed the National Council of Boards of Nursing (NCSBN) Medication Aide Certification Examination (MACE) and of satisfactory performance of nursing related services for a minimum of one (1) year;

(c) Meet the requirements of § 9503;

(d) Submit a completed application and application fee to the Board; and

(e) Submit any other documents that may be required by the Board.

9504.2 An application that remains incomplete for ninety (90) days or more from the date of submission may be considered abandoned and may be closed by the Board. The applicant shall thereafter be required to reapply, comply with the current requirements for certification, and pay the required fees.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9504

17 DCMR § 9505 REQUIREMENTS FOR MEDICATION AIDE CERTIFICATION BY EXAMINATION

9505.1 To qualify for certification by examination an applicant shall:

Receive a passing score on the MACE; and

(b) Meet requirements of this chapter.

9505.2 To apply for authorization to take an MA-C examination, an applicant shall provide proof of one (1) of the following:

(a) Successful completion of a medication aide course approved by the Board;

(b) Successful completion of a practical nursing or registered nursing fundamentals course in the United States and a minimum of forty (40) hours of practice in a clinical setting that includes administration of drugs; or

(c) Completion of a credentials evaluation by an organization recognized by the Board, indicating equivalent education as a registered nurse or licensed practical nurse for nurses educated outside of the United States.

9505.3 To request special accommodations for an examination, an applicant shall submit in writing, the following information:

A letter from the appropriate health professional that confirms the applicant’s disability and provides information describing the accommodations required; and

(b) A letter from the applicant’s education program, indicating what accommodations were granted by the program.

9505.4 If an applicant has not taken or passed the medication aide examination more than twenty-four (24) months after the date the applicant becomes eligible to apply to take the examination, the applicant shall comply with requirements set forth in § 9505.1(a).

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9505

17 DCMR § 9506 REQUIREMENTS FOR MEDICATION AIDE CERTIFICATION BY ENDORSEMENT

9506.1 An applicant currently working in another jurisdiction as an MA-C shall apply for MA-C by endorsement in order to work in the District of Columbia as an MA-C.

9506.2 An applicant for MA-C by endorsement shall submit proof of:

Current unencumbered registration or certification as an MA-C in another jurisdiction; or

(b) Having passed the NCSBN MACE or other medication aide examination accepted by the Board; and

(c) Documentation from the applicant's supervising nurse or employer attesting to the trainee's satisfactory performance of nursing related services for a period of time not less than one (1) year.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9506

17 DCMR § 9507 MEDICATION AIDE CERTIFICATION RENEWAL

9507.1 To qualify for the renewal of a certification, an applicant shall:

(a) Have performed at least eight (8) hours of functions enumerated in § 9515.1(b), (e), (f), (g), (h), and (i) for compensation during the twelve (12) months prior to the renewal application;

(b) Have completed, during the two (2) years before the expiration of the certification, twenty-four (24) hours of in-service training or continuing education relevant to the functions of medication aides and meeting the following requirements:

(1) Twelve (12) hours shall be in pharmacology or administration of drugs, provided that the applicant shall complete six (6) of the required hours during each year of the certification;

(2) Two (2) hours shall be in cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender and queer in accordance with D.C. Official Code § 3-1205.10(b)(5); and

(3) Ten percent (10%) of the total shall be in subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed necessary; and

(c) Have completed a criminal background check as required by § 9503.

(d) Submit evidence of performance of drug administration related services for compensation for a minimum of eight (8) hours during the prior twelve (12) months; and

(e) Complete a CBC as required in accordance with Title 17 DCMR Chapter 85.

9507.2 In addition to meeting the requirements specified above, MA-Cs who have another active District of Columbia certification, as a nursing assistive personnel, may apply those hours of in-service or continuing education toward their MA-C continuing education requirement.

9507.3 The Board may conduct a random audit of renewal applicants or certified Medication Aides to determine compliance with § 9507.1.

9507.4 The Board shall have the authority, in accordance with § 4018.1, to modify the number of hours of in-service training or continuing education required pursuant to § 9507.1(b) for any renewal applicant if there is good cause which necessitates a modification.

9507.5 The Board shall have the authority, in accordance with § 4018.2, to modify the number of hours of in-service training or continuing education required pursuant to § 9507.1(b) for all renewal applicants if an extraordinary circumstance, such as a public health emergency, necessitates a modification.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019); as amended by Final Rulemaking published at 68 DCR 009545 (September 10, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9507

17 DCMR § 9508 MEDICATION AIDE INACTIVE STATUS AND REACTIVATION OF CERTIFICATION

9508.1 An MA-C with an active certification may request to be placed on inactive status.

9508.2 While on inactive status, an MA-C shall not be subject to the renewal fee and shall not practice, attempt to practice, or offer to practice as an MA-C in the District of Columbia.

9508.3 To reactivate an inactive status, an applicant shall meet the requirements of § 9507.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9508

17 DCMR § 9509 REINSTATEMENT OF EXPIRED CERTIFICATION

9509.1 If an MA-C fails to renew his or her certification, the Board shall reinstate the certification if the applicant:

(a) Applies to the Board for reinstatement of the certification within five (5) years after the certification expires;

(b) Provides evidence of having completed twenty-four (24) continuing education hours within the two (2) years prior to submission of an application; and

(c) Completes a CBC as required in accordance with Title 17 DCMR Chapter 85.

9509.2 If an MA-C does not hold a certification in another jurisdiction and fails to apply for reinstatement within five (5) years after his or her certification expires, the MA-C shall meet the requirements for certification pursuant to § 9505, Certification by Examination.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9509

17 DCMR § 9513 ASSIGNMENT AND DELEGATION OF NURSING CARE TASKS TO MEDICATION AIDES

9513.1 An RN or LPN may assign or delegate tasks to an MA-C if the task is appropriate to the level of knowledge and skill of the MA-C and is within the scope of authorized tasks of the MA-C listed in § 9515.1.

9513.2 MA-Cs shall not practice independently but shall work under the supervision of an RN or LPN.

9513.3 The delegation or assignment of a task shall comply with the standards for delegation and assignment listed in 17 DCMR § 5415 (Registered Nurse) and delegation and assignment listed in 17 DCMR § 5515 (Licensed Practical Nurse). Nursing care tasks that may be delegated or assigned shall be determined by:

(a) The knowledge and skills of the MA-C;

(b) Verification of the clinical competence of the MA-C by the employing agency;

(c) The stability of the client’s condition, including factors such as predictability, absence of risk of complication, and rate of change; and

(d) The variables in each health care setting which include, but are not limited to:

(1) The accessible resources and established policies, procedures, practices, and channels of communication that lend support to the type of nursing tasks being delegated to the MA-C;

(2) The complexity and frequency of care needed by a given client population; and

(3) The accessibility of a registered nurse (RN) or licensed practical nurse (LPN).

9513.4 The MA-C shall not perform a task involving the administration of drugs if:

The administration of drugs requires a calculation of the dosage of the drug or the conversion of the dosage;

The supervising nurse is unavailable either in person or by telephone to monitor the progress of the client and the effect of the drug on the client;

The client is not stable or has changing health care needs; or

(d) The MA-C has not been prepared by training to perform the delegated or assigned task. Upon such delegation or assignment, the MA-C shall immediately inform the supervising nurse of his or her inability by training to perform the delegated task.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9513

17 DCMR § 9515 MEDICATION AIDE TASKS

9515.1 The MA-C may perform the following under the supervision of an RN or LPN:

(a) Providing effective communication and interpersonal skills;

(b) Administering epinephrine via an auto injector to treat severe allergic reactions to insect stings, bites and foods;

(c) Performing finger stick blood glucose test with a physician’s, nurse practitioner’s or physician assistant’s order which shall indicate:

The frequency for finger sticks;

(2) The normal blood sugar range;

(3) The range outside of the indicated range and when to notify the nurse for readings; and

(4) The parameters for when to contact emergency services;

(d) Reporting of symptoms or side effects;

(e) Administering insulin or any other subcutaneous injection as specified by the Board, via a prefilled syringe;

(f) Administering oral drugs;

(g) Administering drugs via eye, ear, or nose;

(h) Administering drugs via suppository;

(i) Administering topical drugs and medicated shampoos;

(j) Reporting symptoms or side effects; and

(k) Documenting drug administration or omissions, on medication administration record.

9515.2 In addition to the tasks listed in this section, MA-Cs when working in the role of a certified nursing assistant shall comply with 17 DCMR § 9615 and when working in the role of a home health aide, shall comply with 17 DCMR § 9315.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9515

17 DCMR § 9516 REPORTING REQUIREMENTS

9516.1 Based on agency or facility policies, the MA-C shall document which drugs have been administered and shall document whether drugs have been taken by the patient as ordered.

9516.2 The MA-C shall:

Report the following to the supervising nurse:

Signs or symptoms that appear life threatening;

Events that appear health threatening; and

Drugs that produced no results or undesirable effects as reported by the patient;

Notify a nurse prior to each administration of prescribed PRN (as needed) drugs;

Be personally responsible and accountable for all actions taken when implementing delegated tasks;

Comply with laws, policies and procedures applicable to the setting in which the MA-C is administering drugs; and

Be employed only in situations where a registered nurse or licensed practical nurse supervisor is available.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9516

17 DCMR § 9517 DISCIPLINE

9517.1 The Board may revoke, suspend, or deny registration of any MA-C who is convicted of any crime involving moral turpitude pursuant to D.C. Official Code § 3-1205.14(a)(4) (2016 Repl. and 2018 Supp.).

9517.2 In addition to any other disciplinary action it may take, the Board may impose a civil penalty of not more than five thousand dollars ($5,000) per violation as provided by D.C. Official Code § 3-1205.14(c)(5), or file a letter of concern if the Board believes there is insufficient evidence to support direct action against the MA-C.

9517.3 Grounds for denial, suspension, revocation or other discipline of an MA-C include the inability to function with reasonable skill and safety for the following reasons and for any additional acts as specified in D.C. Official Code § 3-1205.14:

(a) Substance abuse or other chemical dependency;

(b) Client abandonment;

(c) Fraud or deceit, which may include but is not limited to:

(1) Filing false credentials;

(2) Falsely representing facts on an application for initial certification, reinstatement or renewal; or

(3) Giving or receiving assistance in taking the competency evaluation;

(d) Client neglect, abuse or misappropriation of funds;

(e) Boundary violations;

(f) Unsafe client care;

(g) Performing acts beyond the MA-C range of functions or beyond those tasks delegated;

(h) Misappropriating or misusing property;

(i) A criminal conviction;

(j) Failing to conform to acceptable standards of practice as an MA-C;

(k) Putting clients at risk of harm; or

(l) Violating the privacy or failing to maintain the confidentiality of client information.

9517.4 The Board shall maintain and make available all records of disciplinary actions.

9517.5 An MA-C who is unable to perform his or her duties due to drug or alcohol dependency or mental illness may utilize the services offered under the Nurse’s Rehabilitation Program pursuant to D.C. Official Code §§ 3-1251.01, et seq. (2016 Repl.)

9517.6 The Board may refer for criminal prosecution any violation of the Health Occupations Revision Act, D.C. Official Code §§ 3-1201.01, et seq. (2016 Repl.) that it deems appropriate.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9517

17 DCMR § 9520 STANDARDS FOR MEDICATION AIDE TRAINING PROGRAMS

9520.1 No institution shall provide MA-C training in the District of Columbia unless its training program has been approved by the Board.

9520.2 The following types of institutions may apply for approval to provide MA-C training:

(a) Private, degree-granting educational institutions operating or incorporated in the District of Columbia which are licensed by the Higher Education Licensure Commission (HELC) pursuant to the Educational Institution Licensure Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code §§ 38-1301, et seq. (2012 Repl.));

(b) Private, non-degree post-secondary schools operating in the District of Columbia which are licensed by the Education Licensure Commission; and

(c) District of Columbia public universities or colleges; and

(d) Health care facilities licensed and operating in the District of Columbia, that have received no adverse actions during the preceding two (2) years.

9520.3 The Board shall consider any one of the following as an adverse action which would preclude a facility from providing MA-C training:

(a) A facility's participation in the Medicaid or Medicare Program is terminated, restricted or revoked;

(b) A facility, other than a new facility, has received a provisional or restricted license; or

(c) A facility is given a provider agreement of less than one (1) year.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9520

17 DCMR § 9521 SUPERVISED PRACTICE OF MEDICATION AIDE TRAINEES

9521.1 A medication aide trainee may practice only in accordance with the Act and this chapter.

9521.2 A trainee who is fulfilling educational requirements under this chapter may engage in supervised practice without a District of Columbia certification.

9521.3 All supervised practice of a trainee shall take place under the general or immediate supervision of a registered nurse or licensed practical nurse.

9521.4 A trainee shall identify himself or herself as a trainee before practicing.

9521.5 A trainee shall not receive compensation of any nature, directly or indirectly, from a client or client’s family member.

9521.6 The nurse supervising the trainee shall be responsible for practice by a trainee during the period of supervision and may be subject to disciplinary action for trainee violations of the District of Columbia Health Occupations Revision Act of 1985, effective March 15, 1986 (“Act’) (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01, et seq. (2016 Repl.)), or this chapter.

9521.7 The Board may deny an application for certification by, or take other disciplinary action against, a trainee who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the trainee.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9521

17 DCMR § 9523 MEDICATION AIDE PROGRAM APPROVAL PROCEDURES FOR HEALTHCARE FACILITIES

9523.1 Each facility applying for approval to provide MA-C training shall submit an application for approval which contains the following information:

(a) A certificate of exemption or approval from the Higher Education Licensure Commission (HELC);

(b) A certificate of exemption or approval by the HELC, if coursework is offered to persons not employed by the facility;

(c) A list of qualified instructors with resumes attached; and

(d) A description of the trainee population and the tentative training schedule.

9523.2 A training program shall not admit trainees to the program before the program has been approved by the Board.

9523.3 The Board shall withdraw approval of training if the facility loses its licensure status.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9523

17 DCMR § 9524 MEDICATION AIDE PROGRAM APPROVAL PROCEDURES FOR SCHOOLS

9524.1 Each institution applying for approval to provide MA-C training shall do the following:

(a) At least one hundred eighty (180) days in advance of the scheduled starting date, submit an application for approval to the Board which contains the following information:

(1) A statement of purpose;

(2) A statement of need for the training program in the District of Columbia;

(3) A description of the proposed program's potential effect on existing medication aide training programs in the area;

(4) The organizational structure of the institution showing the relationship of the proposed training program within the organization;

(5) Evidence of financial resources, adequate planning, implementation, and continuation of the program;

(6) Licensure status of the proposed training facility;

(7) The qualifications of proposed instructors;

(8) The number of fulltime equivalent budgeted instructor positions;

(9) Evidence of the availability of adequate clinical facilities;

(10) A description of the anticipated trainee population, including admission and graduation criteria, a copy of the admissions examination, and health requirements;

(11) A tentative time schedule for planning and initiating the program; and

(12) A fee schedule;

(b) Submit the one thousand dollar ($1000) application fee.

9524.2 Schools currently non-compliant with the Board’s regulatory requirements for existent programs are not eligible to submit an application to establish an additional program.

9524.3 After reviewing the application, based on the applicant’s compliance with § 9527, a decision shall be made by the Board to:

(a) Approve the application;

(b) Defer approval if additional information is needed; or

(c) Deny approval of the application.

9524.4 If an application approval has been granted, a site visit may be conducted.

9524.5 After reviewing the site visit report and applicant’s compliance with § 9532, the Board shall vote to approve, deny, or defer program approval for resource, facility, or service concerns.

9524.6 The nurse coordinator for each facility or institution approved to provide training shall attend a Board sponsored orientation.

9524.7 A training program shall not admit trainees to the program before the program has been approved by the Board.

9524.8 If the application is denied, the applicant shall not resubmit an application until one (1) year has passed from the last submission.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9524

17 DCMR § 9525 PERIODIC REVIEW OF APPROVED PROGRAMS

9525.1 Programs approved by the Board to train MA-Cs shall submit to the Board an annual report and the five hundred dollar ($500) fee in accordance with procedures established by the Board.

9525.2 The Board shall annually re-evaluate the medication aide training programs.

9525.3 The Board may make unannounced visits to review and assess each nursing medication aide training program to ensure that the program is in compliance with the training requirements in §§ 9527, 9528, 9531 and 9532.

9525.4 The Board shall assess each training program on the basis of visits to the facility, the progress of the training program, and any other information deemed appropriate by the Board.

9525.5 Three (3) levels of training for non-compliance include:

(a) Level 1 non-compliance:

(1) Up to five percent (5%) of student records reviewed during site visits are out of compliance with § 9531;

(2) Program is in compliance with Sections §§ 9527, 9528, and 9532; or

(3) Annual certification pass rates are below seventy-five percent (75%) but no lower than seventy percent (70%);

(b) Level 2 non-compliance:

(1) Between six percent (6%) and twenty percent (20%) of student records reviewed during site visits are out of compliance with § 9531;

(2) Program is non-compliant with only one of the sections: §§ 9527, 9528, or 9532; or

(3) Annual certification pass rates are below seventy percent (70%) but no lower than sixty-five percent (65%);

(c) Level 3 non-compliance:

(1) Twenty-one percent or more of student records reviewed during site visits are out of compliance with § 9531;

(2) Program is non-compliant with more than one of the sections: §§ 9527, 9528, or 9532; or

(3) Annual certification pass rates are below sixty-five percent (65%).

9525.6 The Board will issue the sanctions to programs for non-compliance violations listed below including, but not limited to:

Level 1 non-compliance:

(1) Conditional Approval;

(2) Corrective action plan is due within thirty (30) days of receipt of the status letter; and

(3) Site visit to review and assess implementation of the corrective actions within six (6) months.

Level 2 non-compliance:

Conditional Approval;

Restricted Admissions;

Board will recommend actions to correct deficiencies; and

Corrective action plan is due within thirty (30) days of receipt of the status letter;

Site visit to review and assess implementation of the corrective actions within six (6) months;

Pass rates reviewed in six (6) months; and

Fine of up to two thousand dollars ($2000) if not in full compliance by the next annual review.

Level 3 non-compliance:

Warning Status;

Restricted Admissions;

Hire consultant to assist in developing and implementing actions to correct deficiencies;

Consultant’s report is due to the Board within sixty (60) days;

Site visit to review and assess implementation of corrective actions within six (6) months;

Pass rates reviewed in six (6) months; and

Fine of up to three thousand dollars ($3000) if not in full compliance by the next annual review.

9525.7 The Board shall withdraw approval of a training program in non-compliance if:

It determines that the program has failed to implement the approved corrective action plan;

The program has failed to correct deficiencies within time period specified by the Board; or

The education institution loses its licensure.

9525.8 The Board shall investigate all credible and timely complaints made against a program and may conduct hearings in connection with such complaints.

9525.9 Any Board action for suspension or withdrawal of a training program’s approval shall take place only upon notice to the program and the opportunity for a hearing in accordance with D.C. Official Code § 3-1205.14 (2016 Repl.).

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9525

17 DCMR § 9527 MEDICATION AIDE TRAINING PROGRAM REQUIREMENTS

9527.1 Training programs shall use Board approved MA-C model curriculum, that consists of classroom, skills laboratory, and supervised practice hours and may be amended from time to time.

9527.2 All MA-C training programs shall have adequate faculty and clinical facilities to provide supervised clinical experience with early, realistic exposure to job requirements. The clinical experience shall include the full range of skills needed in the workplace.

9527.3 The program must maintain seventy-five percent (75%) pass rate on the District of Columbia’s competency evaluation each year.

9527.4 Each training program shall have a sufficient number of qualified instructors to meet the purposes and objectives of the program.

9527.5 The training program shall be coordinated by a registered nurse, who:

(a) Has a current, unencumbered District of Columbia license pursuant to D.C. Official Code § 3-1205.14 (2016 Repl.); and

(b) Has at least two (2) years of full-time or full-time equivalent experience as a registered nurse with clinical experience.

9527.6 The MA-C program coordinator shall be a qualified registered nurse with institutional authority and administrative responsibility for the program.

The program coordinator’s responsibilities shall include, but are not limited to:

(a) Ensuring that the curriculum is coordinated and implemented in accordance with the chapter;

(b) Establishing the responsibilities of the instructors;

(c) Ensuring that each instructor meets the qualifications as specified in this chapter;

(d) Ensuring that each student is properly supervised during the student’s clinical experience; and

(e) Reporting annually and respond upon request to the Board.

9527.8 Each instructor shall have the following minimum qualifications:

(a) Be currently licensed or registered in good standing, in the jurisdiction in which he or she is providing the preceptorship;

(b) Have completed a course in teaching adults or have experience in teaching adults and supervising aides; and

(c) Have a minimum of two (2) years of experience, as a registered nurse or licensed practical nurse, providing direct patient care during the five (5) years immediately preceding the date of the written agreement.

9527.9 The ratio of instructors to trainees in clinical areas involving direct care and medication administration to clients shall be based upon client acuity level, skill level of the trainee, and the clinical setting.

9527.10 Each training program shall have a record or attestation that trainees received information in writing on the policies governing admission, retention, dismissal, and the course requirements of the training program.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9527

17 DCMR § 9528 MINIMUM QUALIFICATIONS FOR MEDICATION AIDE TRAINEES

9528.1 Each trainee shall receive a high school diploma or its equivalent, including for example, but not limited to, the General Education Diploma or National External Diploma Program.

9528.2 Each person applying for medication aide training shall provide evidence of:

(a) Certification as HHA after passing the District of Columbia HHA examination; or

(b) Certification as a nursing assistant after passing the National Nurse Aide Assessment Program exam or other CNA exam acceptable to the Board.

9528.3 Each trainee shall provide documentation from the trainee's supervising nurse or employer attesting to the trainee's satisfactory performance of nursing related services for a period of time not less than one (1) year.

9528.4 Each trainee shall provide evidence of vaccination or immunity to communicable diseases prior to admission.

9528.5 Each trainee shall attest in writing to receiving information on:

(a) The policies governing admission, retention, dismissal, and the course requirements of the training program; and

(b) Certification requirements including CBC and examination requirements.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9528

17 DCMR § 9530 CLOSING OF TRAINING PROGRAMS

9530.1 Each MA-C program that voluntarily discontinues shall:

(a) Notify the Board, in writing, as early as possible of the intended discontinuance, stating the reason(s) and planned date of the intended closing;

(b) Continue the training program until the committed class scheduled for currently enrolled trainees is completed; and

(c) Notify the Board of the final closing date at least thirty (30) days before the final closing.

9530.2 Before the Board may withdraw approval of a program the Board shall:

(a) Issue a notice of intended action to the program notifying the program that:

(1) The Board intends to withdraw approval of the program and the reasons for the action;

(2) The institution has a right to a hearing; and

(b) Send notice to the HELC of the Board’s intention to withdraw program approval.

9530.3 If the Board denies or withdraws approval of a training program, the institution shall:

(a) Close the program on the date provided by the Board; and

(b) Comply with the requirements of all applicable rules and notify the Board that the requirements have been fulfilled.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9530

17 DCMR § 9531 RECORDS RETENTION

9531.1 Each MA-C training program shall maintain an accurate and appropriate system of record keeping.

9531.2 Each training program shall ensure that administrative and personnel records are protected against loss, destruction, and unauthorized review.

9531.3 The training program shall maintain a record for each trainee which shall include the following:

(a) A completed and signed application;

(b) Results of entrance assessment;

(c) The trainee’s record of academic performance;

(d) Evidence of vaccinations or immunity to communicable diseases;

(e) A board issued clinical evaluation form completed and signed by clinical instructor;

(f) A signed statement for receipt of the training program’s policies and certification requirements regarding examination and criminal background check; and

(g) Additional documents per the training program’s policies.

9531.4 Each instructor’s personnel records shall be maintained by the training program facility and shall include application data, qualifications, and a position description, and shall be available for review by the Board.

9531.5 All records shall be maintained by the training program for a minimum of seven (7) years.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9531

17 DCMR § 9532 RESOURCES, FACILITIES, AND SERVICES

9532.1 Each MA-C training program shall maintain resources, facilities, and services which are adequate to accommodate the training program. The resources, facilities, and services shall include, but are not limited to:

(a) Adequate temperature controls in each training facility;

(b) Clean and safe conditions of the facility’s premises;

(c) Adequate space for private faculty-student conferencing;

(d) Adequate lighting in each facility; and

(e) Sufficient and adequate equipment for the program’s needs, including audio-visual equipment and equipment needed for simulating client care.

9532.2 Each classroom, conference room, skills laboratory, and office shall be adequate to meet the needs of the training program.

9532.3 Each cooperative agreement between a training program and a healthcare facility shall be in writing. The training program shall maintain a copy of the agreement in its records.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9532

17 DCMR § 9599 DEFINITIONS

9599.1 As used in this chapter, the following terms shall have the meanings ascribed:

Abuse - the infliction of physical or mental harm, injury, or death, or financial exploitation of a client.

Administer - the direct application of drugs to the human body whether by ingestion, inhalation, insertion, sublingual, or topical means; or the application of drugs by an epinephrine autoinjector device for emergency purposes only.

Applicant - a person applying for certification as a medication aide employee under this chapter.

Board - the Board of Nursing as established by Section 204 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1202.04 (2016 Repl.)).

Clinical - faculty planned and guided learning activities designed to assist preceptors in meeting course objectives and to apply nursing knowledge and skills in the direct care of clients, including clinical conferences and planned learning activities in acute care facilities, and other community resources. Clinical shall not include skills lab activities.

Conditional approval - the approval status that is granted for a time period specified by the Board to an MA-C training program to correct deficiencies when the training program has failed to meet or maintain the requirements and standards of this chapter.

Continuing education - systematic learning experiences designed to augment the knowledge, skills, and attitudes of the medication aide.

Criminal background check – an investigation into a person’s history by the appropriate state and federal authorities or approved vendor to determine whether the person has been convicted of a crime in the District of Columbia or in any other state or territory of the United States.

Delegation - the transference from the RN or LPN to another individual within the scope of his or her practice, the authority to act on behalf of the RN or LPN in the performance of a nursing intervention, while the RN or LPN retains accountability and responsibility for the delegated act.

Director - the Director of the Department of Health, or his or her designee.

Drug –

(a) Any substance recognized as a drug, medicine, or medicinal chemical in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia, or official Veterinary Medicine Compendium or other official drug compendium or any supplement to any of them;

(b) Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animal;

(c) Any chemical substance (other than food) intended to affect the structure or any function of the body of man or other animal; and

(d) Any substance intended for use as a component of any items specified in subparagraph (a), (b), or (c) of this paragraph, but does not include medical devices or their components, parts, or accessories.

Endorsement - the process of issuing a certification to an applicant who is registered by a state Board and recognized by the Board as a qualified professional according to standards that were the substantial equivalent at the time of the certification to the standards for that profession set forth in this chapter and who has continually remained in good standing with the Board from the date of certification until the date of certification in the District.

Fingerstick - sticking of the finger to get a blood sample to use in a glucometer to measure the amount of glucose in blood.

Health care facility – a facility and agency that provide long-term care such as an assisted living residence, group homes for persons with physical and intellectual disabilities, and skilled home care agencies.

Higher Education Licensure Commission – a Mayoral appointed regulatory, consumer protection authority responsible for public protection with regard to legitimate quality education in the District of Columbia.

In-service - activities provided by the employer intended to assist the medication aide in acquiring, maintaining, or increasing competence in fulfilling the assigned responsibilities specific to the expectations of the employer.

Immediate supervision - supervision in which the supervisor is on the premises and within vocal communication, either directly or by communication device.

Medication aide certified – an individual who has successfully completed training and a certification examination to administer drugs and has been certified by the Board.

Misappropriation – the application of another’s property or money dishonestly to one’s own use.

Neglect - any act or omission by an MA-C which causes or is likely to cause or contribute to, or which caused or is likely to have caused or contributed to the injury, death, or financial exploitation of a patient.

Nursing assistive personnel - an individual who has received appropriate training or instruction to function in a complementary or assistant role to a RN or LPN, in providing direct patient care or in carrying out delegated nursing tasks.

Pass rate - the percentage of candidates who receive a passing score on the competency evaluation out of the total number of examinations administered for the review period.

Program - the planned series of instruction, didactic and clinical, designed so that the student will acquire the requisite knowledge and skills.

Reinstatement - reissuance of an expired medication aide certification.

Skills laboratory – faculty guided activities planned for students in a school/campus laboratory that simulates the activities provided by the CNA. The activities include demonstrations and return demonstrations using equipment and supplies that are used for the purpose of attaining required psychomotor skills.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9599

17-96 CERTIFIED NURSE AIDES

17 DCMR § 9600 GENERAL PROVISIONS

9600.1 This chapter applies to applicants for, and holders of, a certification to practice as a certified nurse aide (CNA). The chapter supersedes Chapter 32 of Title 29 of the District of Columbia Municipal Regulations (DCMR).

9600.2 Any person certified, on the effective date of these provisions, as a nurse aide in accordance with Chapter 32 of Title 29 of the DCMR or as a nursing assistant in accordance with this chapter is considered for all purposes to be certified under this chapter for the duration of the term for which the certification was issued, and may renew, reinstate, or reactivate that certification in accordance with the appropriate provisions of this chapter.

9600.3 All CNAs shall be registered in accordance with § 9651.

9600.4 No person may practice as a nurse aide except in accordance with this chapter. Nor shall any person refer to him or herself as a nurse aide, nursing assistant, or CNA unless he or she is certified in accordance with this chapter.

9600.5 A CNA may provide nursing care services in a home setting under the following conditions:

(a) A registered nurse licensed pursuant to Chapter 54 of this title shall have attested to the CNA’s competency in functions related to providing nursing services in a home care setting such as home safety and infection control in a home;

(b) The CNA shall provide the services only under supervision of a registered nurse licensee pursuant to Chapter 54 of this title and pursuant to the assignment permitted under Section 9313 of this title; and

(c) The CNA may perform home health aide and personal care aide tasks including those enumerated in Section 9315 of this title and shall be subject to the standards of conduct and practice required for a home health aide pursuant to Chapter 93.

9600.6 Any reference to or use of the word “certified nursing assistant” shall mean certified nurse aide under this chapter.

9600.7 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), 54 (Practical Nursing), and 55 (Registered Nursing) of this title supplement this chapter.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019); as amended by Final Rulemaking published at 68 DCR 8239 (August 20, 2021); as amended by Final Rulemaking published at 71 DCR 010370 (August 16, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9600

17 DCMR § 9601 NURSE AIDE CERTIFICATION

9601.1 No person shall practice as a CNA in the District of Columbia longer than four (4) months without first being certified by the Board.

9601.2 A nurse aide shall be certified pursuant to § 9604.1 and registered by the Board pursuant to § 9651.1 within four (4) months of his or her hire date. If a nursing assistant who is not certified changes employment from one (1) long-term care facility to another, the time he or she was employed in the first facility shall count towards the four (4) month period for employment.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019); as amended by Final Rulemaking published at 68 DCR 8239 (August 20, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9601

17 DCMR § 9602 TERM OF CERTIFICATION

9602.1 Subject to § 9601.1, a certification issued pursuant to this chapter shall expire at 11:59 p.m. on October 31 of each odd-numbered year.

9602.2 The Director may modify the renewal system pursuant to § 4006.3 of Chapter 40 of this title and may modify the date on which a certification expires.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9602

17 DCMR § 9603 CRIMINAL BACKGROUND CHECK

9603.1 A person applying for certification as a CNA shall undergo a criminal background check (CBC) prior to issuance of the certification.

9603.2 After issuance of an initial certification, the applicant shall undergo an additional CBC as determined by Title 17 DCMR Chapter 85.

9603.3 The Board shall review the applicant’s positive CBC results.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9603

17 DCMR § 9604 GENERAL REQUIREMENTS FOR NURSING ASSISTANT CERTIFICATION

9604.1 An applicant for certification as a CNA shall:

(a) Be at least eighteen (18) years of age;

(b) Meet the requirements of § 9603.1;

Submit evidence of successfully passing a certification examination offered by one (1) of the following:

(1) A Board-approved nurse aide assessment program; or

(2) Other certification program recognized by the Centers for Medicare and Medicaid Services (CMS) and the Board.

(d) Submit a completed application to the Board along with any other documents that may be required by the Board.

9604.2 An application that remains incomplete for ninety (90) days or more from the date of submission may be considered abandoned and closed by the Board. The applicant shall thereafter be required to reapply, comply with the current requirements for certification, and pay the required fees.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9604

17 DCMR § 9605 REQUIREMENTS FOR NURSE AIDE CERTIFICATION BY EXAMINATION

9605.1 To qualify for certification by examination, an applicant shall:

(a) Receive a passing score on the National Council of State Boards of Nursing, Inc. (NCSBN) National Nurse Aide Assessment Program (NNAAP) or another national examination approved by the Board; and

(b) Meet requirements of this chapter.

9605.2 To apply for authorization to take the NNAAP, an applicant shall provide proof of one of the following:

(a) Successful completion of a CNA program or bridge to nursing assistant program, within the past twenty-four (24) months, approved by the Board or by a nursing Board in the United States with standards determined by the Board to be substantially equivalent to the standards in the District of Columbia; or

(b) Successful completion of a practical nursing or registered nursing “Fundamentals of Nursing” course with a minimum forty (40) hours clinical component which includes skills as specified in § 9615; or

(c) Completion of a credentials evaluation by an organization recognized by the Board, indicating equivalent education as a registered nurse or licensed practical nurse for nurses educated outside of the United States.

9605.3 To request special accommodations for an examination, an applicant shall submit in writing, the following information:

A letter from the appropriate health professional which confirms the applicant’s disability and provides information describing the accommodations required; and

(b) A letter from the applicant’s education program, indicating what accommodations were granted by the program.

9605.4 If an applicant has not taken or passed the nursing assistant certification examination for more than twenty-four (24) months after the date the applicant becomes eligible to apply to take the examination, the applicant shall comply with requirements set forth in § 9605.1 (a).

(2) Other certification program recognized by the Centers for Medicare and Medicaid Services (CMS) and the Board.

(d) Submit a completed application to the Board along with any other documents that may be required by the Board.

9604.2 An application that remains incomplete for ninety (90) days or more from the date of submission may be considered abandoned and closed by the Board. The applicant shall thereafter be required to reapply, comply with the current requirements for certification, and pay the required fees.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019); as amended by Final Rulemaking published at 68 DCR 8239 (August 20, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9605

17 DCMR § 9606 REQUIREMENTS FOR NURSING ASSISTANT CERTIFICATION BY ENDORSEMENT

9606.1 An applicant currently working in another jurisdiction as a CNA shall apply for CNA by endorsement in order to work in the District of Columbia as a CNA.

An applicant for endorsement as a CNA shall provide proof of the following:

(a) Current unencumbered registration or certification as a CNA in another jurisdiction; and

(b) Meeting the requirements of § 9604.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9606

17 DCMR § 9607 NURSE AIDE CERTIFICATION RENEWAL

To qualify for the renewal of a certification, an applicant shall meet the following requirements:

Having performed at least eight (8) hours of functions enumerated in § 9615.1 for compensation during the prior twenty-four (24) months;

Having completed, during the two (2) years before the expiration of the certification, twenty-four (24) hours of in-service training or continuing education relevant to the functions of nurse aides and meeting the following requirements:

Two (2) hours shall be in cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender and queer in accordance with D.C. Official Code § 3-1205.10 (b)(5); and

Ten percent (10%) of the total shall be in subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed necessary; and

(c) Having received criminal background check clearance in accordance with § 9603.

9607.2 Applicants who have another active District of Columbia certification as a nursing assistive personnel may apply continuing education hours to Nursing Assistive Personnel renewal requirements.

9607.3 The Board may conduct a random audit of renewal applicants or certified Nurse Aides to determine compliance with § 9607.1.

9607.4 The Board shall have the authority to modify the number of hours of in-service training or continuing education required pursuant to § 9607.1(b) for good cause or if an extraordinary circumstance necessitates such modification.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019); as amended by Final Rulemaking published at 68 DCR 8239 (August 20, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9607

17 DCMR § 9608 REQUIREMENTS FOR INACTIVE STATUS AND REACTIVATION OF CERTIFICATION

9608.1 A CNA with an active certification may request to be placed on inactive status.

9608.2 While on inactive status, the individual shall not be subject to the renewal fee and shall not practice, attempt to practice, or offer to practice as a CNA in the District of Columbia.

9608.3 To reactivate an inactive status, an individual shall:

(a) Apply to the Board for reactivation of the certification;

(b) Provide evidence of having completed twenty-four (24) hours of in-service training or continuing education within the past two (2) years prior to submission of an application;

(c) Provide evidence of current CNA certification or registration in another jurisdiction; and

(d) Provide evidence of having worked, providing nursing services a minimum of eight (8) hours within the past two (2) years prior to submission of an application.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9608

17 DCMR § 9609 REQUIREMENTS FOR REINSTATEMENT OF EXPIRED NURSING ASSISTANT CERTIFICATION

9609.1 If a CNA fails to renew his or her certification, the Board shall reinstate the certification if the applicant:

(a) Applies to the Board for reinstatement of the certification within five (5) years after the certification expires;

(b) Provides evidence of having completed twenty-four (24) hours of in-service training or continuing education within the past two (2) years prior to submission of an application;

(c) Provides evidence of current CNA certification or registration;

(d) Provides evidence of having worked for a minimum of eight (8) hours within the last twenty-four (24) months as a CNA; and

(e) Completes a CBC as required in accordance with Title 17 DCMR Chapter 85.

9609.2 If a CNA does meet the requirements specified in § 9609.1 and fails to apply for reinstatement within five (5) years after his or her certification expires, the applicant shall meet the requirements for certification pursuant to § 9605.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9609

17 DCMR § 9613 ASSIGNMENT AND DELEGATION OF NURSING CARE TASKS

9613.1 A registered nurse, licensed practical nurse, nurse practitioner, clinical nurse specialist or physician may assign or delegate tasks to a CNA that are among the authorized tasks listed in § 9615.1.

9613.2 A CNA shall not practice independently but shall work under the supervision of an RN or LPN or other authorized licensed health care professional.

9613.3 The delegation or assignment shall comply with the standards for delegation listed in 17 DCMR § 5415 (Registered Nurse) and assignments listed in 17 DCMR § 5515 (Licensed Practical Nurse). Nursing care tasks that may be delegated or assigned shall be determined by:

(a) The knowledge and skills of the CNA;

(b) Verification of the clinical competence of the CNA by the employing agency;

(c) The stability of the client’s condition, including factors such as predictability, absence of risk of complication, and rate of change in health status; and

(d) The variables in each health care setting which include, but are not limited to:

(1) The accessible resources and established policies, procedures, practices, and channels of communication that lend support to the type of nursing tasks being delegated;

(2) The complexity and frequency of care needed by a given client population; and

(3) The accessibility of an RN or LPN.

9613.4 Nursing tasks that inherently involve on-going assessment, interpretation, or decision making that cannot be logically separated from one or more procedures shall not be delegated to the CNA.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9613

17 DCMR § 9615 CERTIFIED NURSING ASSISTANT TASKS

9615.1 Under the supervision of an RN or LPN or other authorized licensed health professional, a CNA may perform the following tasks:

Provide effective communication and interpersonal skills;

Maintain infection control;

Provide safety and emergency procedures;

Promote a patient’s independence;

Recognize and report abuse;

Basic nursing skills which include:

(1) Measuring and recording vital signs;

(2) Measuring and recording height and weight;

(3) Observing and reporting pain;

(4) Recognizing abnormal signs and symptoms of common diseases and conditions;

(5) Applying clean bandages;

Assisting with admitting, transferring, or discharging patients; and

Applying and removing elastic stockings;

Personal care skills, including but not limited to:

Bathing, skin care, and dressing;

Oral and denture care;

Shampoo and hair care;

Fingernail care;

Toileting, perineal and ostomy care; and

Feeding and hydration, including proper feeding techniques and use of assistive devices in feeding;

Mental health and social welfare care such as:

(1) Responding appropriately to behavior;

(2) Providing care, sensitive to religion, national origin, gender identity, and sexual orientation; and

(3) Providing care to dying patients;

(i) Basic restorative services such as:

(1) Transferring, ambulation, eating, and dressing changes;

(2) Range of motion exercises;

(3) Proper turning and positioning in bed and chair;

(4) Bowel and bladder training;

(5) Care and use of prosthetic and orthotic devices; and

(6) Changing dry dressings;

(j) Patient's rights such as:

Providing privacy and maintaining confidentiality;

(2) Promoting the patient's rights to make personal choices to accommodate his or her needs;

(3) Giving assistance in resolving grievances and disputes;

(4) Providing needed assistance in getting to and participating in patient and family groups and other activities;

(5) Maintaining care and security of a patient's personal possessions;

Providing care which ensures that the patient is free from abuse, mistreatment, and neglect and the need to report any such instances to appropriate facility staff; and

(7) Maintaining the patient's environment and care to avoid the need for restraints.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9615

17 DCMR § 9617 DISCIPLINE

9617.1 The Board may revoke, suspend, or deny registration of any CNA who is convicted of any of crime involving moral turpitude pursuant to D.C. Official Code § 3-1205.14(a)(4) (2016 Repl. & 2018 Supp.).

9617.2 In addition to any other disciplinary action it may take, it may impose a civil penalty of not more than five thousand dollars ($5,000) per violation as provided by D.C. Official Code § 3-1205.14(c) (5) (2016 Repl.), or file a letter of concern if the Board believes there is insufficient evidence to support direct action against a CNA.

9617.3 Grounds for denial, suspension, revocation or other discipline of a CNA include the inability to function with reasonable skill and safety for the following reasons and for any additional acts as specified in D.C. Official Code § 3-1205.14 (2016 Repl.):

(a) Substance abuse or other chemical dependency;

(b) Client or patient abandonment;

(c) Fraud or deceit, which may include but is not limited to:

(1) Filing false credentials;

(2) Falsely representing facts on an application for initial certification, reinstatement or renewal; or

(3) Giving or receiving assistance in taking the competency evaluation;

(d) Client or patient neglect, abuse or misappropriation of funds;

(e) Boundary violations;

(f) Unsafe client care;

(g) Performing acts beyond the CNA’s range of functions or beyond those tasks delegated;

(h) Misappropriation or misuse of property;

(i) A criminal conviction;

(j) Failure to conform to acceptable standards of practice as a CNA;

Putting clients or patients at risk of harm; or

Violating the privacy or failing to maintain the confidentiality of client information.

9617.4 A CNA who is unable to perform his or her duties due to drug or alcohol dependency or mental illness may utilize the services offered under the Nurse’s Rehabilitation Program pursuant to D.C. Official Code §§ 3-1251.01, et seq. (2016 Repl.).

9617.5 The Board may refer for criminal prosecution any violation of the Health Occupations Revision Act, effective March 15, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02(14) (2016 Repl.)) that it deems appropriate.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9617

17 DCMR § 9618 ACTION ON COMPLAINTS OF RESIDENT NEGLECT AND ABUSE, AND MISAPPROPRIATION OF RESIDENT PROPERTY

9618.1 The Board will review all allegations of resident neglect and abuse, and misappropriation of resident property.

9618.2 The Board shall not make a finding that an individual has neglected a resident if the individual demonstrates that the neglect was caused by factors beyond the control of the individual.

9618.3 If there is reason to believe, either through oral or written evidence that an individual used by a facility to provide services to residents could have abused or neglected a resident or misappropriated a resident’s property, the Board will investigate the allegation.

9618.4 If the Board makes a preliminary determination, based on oral or written evidence and its investigation, that the abuse, neglect or misappropriation of property occurred, within ten (10) working days of the Board’s findings, it shall notify:

(a) The individual(s) implicated in the findings;

(b) The individual(s) of a right to a hearing;

(c) The current administrator of the facility in which the incident occurred; and

(d) The administrator of the facility that currently employs the individual, if different from the facility in which the incident occurred.

Pursuant to § 9618.4(b), the hearing notice shall include:

(a) A description of the allegations made against the CNA;

(b) The proposed findings from the investigation;

(c) A statement that the CNA may challenge the charges against him or her, by submitting a written request within twenty (20) days from the date of service of the notice on a prescribed form;

(d) Notification that his or her name will be listed in the CNA Abuse Registry, as having knowingly abused or neglected a resident or misappropriated a resident’s property while providing services in a facility, unless the CNA requests a hearing and the charges against him or her are not proven;

(e) The consequences to the CNA of being listed in the CNA Abuse Registry;

(f) The consequences of a finding through the hearing process that the alleged resident abuse or neglect, or misappropriation of resident property did occur; and

(g) The fact that the individual has a right to be represented by an attorney at the individual’s own expense.

The Board shall complete the hearing and the hearing record within one hundred twenty (120) days from the day it receives the request for a hearing.

If, following a hearing, neglect, abuse, or misappropriation of a resident’s property has been substantiated, or if an individual waives the right to a hearing after a complaint alleging neglect, abuse, or misappropriation has been substantiated, the Board shall report the findings to the CNA Abuse Registry within ten (10) working days.

9618.8 The following information on any substantiated finding by the Board, of abuse, neglect, or misappropriation of property of an individual shall be placed on the nurse aide abuse registry:

(a) Documentation of the Board’s investigation, including the nature of the allegation and the evidence that led the Board to conclude that the allegation was valid;

(b) The date of the hearing, if the individual chose to have one, and its outcome; and

(c) A statement by the individual disputing the allegation, if he or she chooses to make one.

9618.9 This information shall remain in the registry permanently, unless the finding was made in error, the individual was found not guilty in a court of law, or the District is notified of the individual’s death.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9618

17 DCMR § 9620 STANDARDS FOR TRAINING PROGRAMS

9620.1 No institution shall provide CNA training in the District of Columbia unless its training program has been approved by the Board.

9620.2 The following types of institutions may apply for approval to provide CNA training:

(a) Private, degree-granting educational institutions operating or incorporated in the District of Columbia which are licensed by Higher Education Licensure Commission (HELC) pursuant to the Institution Licensure Act of 1976 (D.C. Law 1-104; D.C. Official Code §§ 38-1301, et seq. (2016 Repl.));

(b) Private, non-degree post-secondary schools operating in the District of Columbia which are licensed by the HELC;

(c) District of Columbia public vocational or trade schools;

(d) District of Columbia public universities or colleges; and

(e) Hospitals, and health care facilities licensed as training facilities by the HELC and operating in the District of Columbia that have received no adverse action during the preceding two (2) years.

9620.3 The Board shall consider any one (1) of the following as an adverse action which shall preclude a health care facility from providing CNA training:

(a) The termination, restriction, or revocation of the facility’s participation or enrollment in the Medicaid or Medicare program;

(b) Provisional or restricted licensure of the facility, provided it is not a new facility; or

(c) If the facility has a provider agreement of less than one (1) year.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9620

17 DCMR § 9621 SUPERVISED PRACTICE OF TRAINEES

9621.1 A nursing assistant trainee may practice only in accordance with the District of Columbia Health Occupations Revision Act of 1985, effective March 15, 1986 (Act) (D.C. Law 6-99; D.C. Official Code §§ 3-1203.01, et seq. (2016 Repl.)) and this chapter.

9621.2 A trainee who is fulfilling educational requirements of this chapter may engage in supervised practice without a District of Columbia certification.

9621.3 All supervised practice of a trainee shall take place under the general or immediate supervision of an RN or LPN.

9621.4 A trainee shall identify himself or herself as a trainee before practicing.

9621.5 A trainee shall not receive compensation of any nature, directly or indirectly, from a client or a client’s family member.

9621.6 The nurse supervising the trainee shall be responsible for all practice by a trainee during the period of supervision and may be subject to disciplinary action for trainee violations of the Act or this chapter.

9621.7 The Board may deny an application for certification by, or take other disciplinary action against, a trainee who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the trainee.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9621

17 DCMR § 9624 TRAINING PROGRAM APPROVAL PROCEDURES

9624.1 Each institution applying for a certificate of approval to provide nursing assistant training shall do the following:

(a) Submit to the Board, at least one hundred eighty (180) days in advance of the scheduled starting date, a statement of intent to establish a CNA training program;

(b) Submit to the Board an application for a certificate of approval which contains the following information:

A statement of purpose;

A statement of need for the training program in the District of Columbia;

A description of the proposed program's potential effect on existing nursing assistant training programs in the area;

(4) The organizational structure of the institution showing the relationship of the proposed training program within the organization;

(5) Evidence of financial resources adequate for planning, implementation, and continuation of the program;

(6) Licensure status of the proposed training facility;

The qualification of proposed instructors;

(8) The number of full-time equivalent budgeted instructor positions;

(9) Evidence of the availability of adequate clinical facilities for the training program;

(10) A description of the anticipated trainee population including admission and graduation criteria, health requirements, and named entrance examination;

(11) Tentative time schedule for planning and initiating the program;

(12) Fee schedules; and

(c) Submit to the Board the one thousand dollar ($1000) application fee.

9624.2 Schools currently non-compliant with the Board's regulatory requirements for existent programs are not eligible to submit an application to establish an additional program.

9624.3 After reviewing the application, based on the applicant’s compliance with § 9627, a decision shall be made to:

(a) Approve the application;

(b) Defer approval if additional information is needed; or

(c) Deny approval of the application.

9624.4 If an application approval has been granted, a site visit may be conducted.

9624.5 After reviewing the site visit report and the applicant’s compliance with § 9632, the Board shall vote to approve, deny, or defer program approval for resource, facility, or service concerns.

9624.6 The nurse coordinator for each facility or institution approved to provide training shall attend a Board sponsored orientation.

9624.7 A training program shall not admit trainees to the program before the program has been approved by the Board.

9624.8 If the application is denied, the applicant may not resubmit an application until one (1) year has passed from the last submission.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9624

17 DCMR § 9625 PERIODIC REVIEW OF APPROVED PROGRAMS

9625.1 Programs approved by the Board to train CNAs shall submit to the Board an annual report and the five hundred dollar ($500) fee in accordance with procedures established by the Board.

9625.2 The Board shall annually re-evaluate the nursing assistant training programs.

9625.3 The Board may make unannounced visits to review and assess each nursing assistant training program to ensure that the program is in compliance with the training requirements in §§ 9627, 9628, 9631 and 9632.

9625.4 The Board shall assess each training program on the basis of visits to the facility, the progress of the training program, annual reporting and any other information deemed appropriate by the Board.

9625.5 Three (3) levels of non-compliance for training programs include:

(a) Level 1 non-compliance:

Up to five percent (5%) of student records reviewed during site visits are out of compliance with § 9631;

Program is in compliance with Sections §§ 9627, 9628, and 9632; or

(3) Annual certification pass rates are below seventy-five percent (75%) but no lower than seventy percent (70%);

(b) Level 2 non-compliance:

(1) Between six percent (6%) and twenty percent (20%) of student records reviewed during site visits are out of compliance with § 9631;

(2) Program is non-compliant with only one (1) of the sections: §§ 9627, 9628, or 9632; or

(3) Annual certification pass rates are below seventy percent (70%) but no lower than sixty-five percent (65%);

(c) Level 3 non-compliance:

(1) Twenty-one percent (21%) or more of student records reviewed during site visits are out of compliance with § 9631;

(2) Program is non-compliant with more than one (1) of the sections: §§ 9627, 9628, or 9632; or

(3) Annual certification pass rates are below sixty-five percent (65%).

9625.6 The Board will issue the sanctions to programs for non-compliance violations listed below including, but not limited to:

(a) Level 1 non-compliance:

(1) Conditional Approval;

(2) Corrective action plan is due within thirty (30) days of receipt of the status letter; and

Site visit to review and assess implementation of the corrective actions within six (6) months.

(b) Level 2 non-compliance:

(1) Conditional Approval;

(2) Restricted Admissions;

(3) Board will recommend actions to correct deficiencies; and

Corrective action plan is due within thirty (30) days of receipt of the status letter;

Site visit to review and assess implementation of the corrective actions within six (6) months;

Pass rates reviewed in six (6) months; and

Fine of up to two thousand dollars ($2000) if not in full compliance by the next annual review.

(c) Level 3 non-compliance:

(1) Warning Status;

(2) Restricted Admissions;

(3) Hire consultant to assist in developing and implementing actions to correct deficiencies;

(4) Consultant’s report is due to the Board within sixty (60) days;

(5) Site visit to review and assess implementation of corrective actions within six (6) months;

(6) Pass rates reviewed in six (6) months; and

(7) Fine of up to three thousand ($3000) if not in full compliance by the next annual review.

9625.7 The Board shall withdraw approval of a training program in non-compliance if:

(a) It determines that the program has failed to implement the approved corrective action plan.

(b) The program has failed to correct deficiencies within time period specified by the Board; or

(c) The education institution loses its licensure.

9625.8 The Board shall investigate all credible and timely complaints made against a program and may conduct hearings in connection with such complaints.

9625.9 Any Board action for suspension or withdrawal of a training program’s approval shall take place only upon notice to the program and the opportunity for a hearing in accordance with D.C. Official Code § 3-1205.14 (2016 Repl.).

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9625

17 DCMR § 9627 NURSING ASSISTANT TRAINING PROGRAM REQUIREMENTS

9627.1 Training programs shall use Board approved CNA model curriculum, that consists of classroom, skills laboratory, and supervised practice hours and may be amended from time to time.

9627.2 All CNA training programs shall have adequate faculty and clinical facilities to provide supervised clinical experience with early, realistic exposure to job requirements. The clinical experience shall include the full range of skills needed in the workplace.

9627.3 The program must maintain seventy-five percent (75%) pass rate on the District of Columbia’s competency evaluation each year.

9627.4 Each training program shall have a sufficient number of qualified instructors to meet the purposes and objectives of the program.

9627.5 The training program shall be coordinated by an RN, who:

(a) Has a current, unencumbered District of Columbia license pursuant to D.C. Official Code § 3-1205.14 (2016 Repl.); and

(b) Has at least two (2) years of full-time or full-time equivalent experience as an RN with clinical experience in the clinical practice setting he or she is coordinating.

9627.6 The CNA program coordinator shall be a qualified registered nurse with institutional authority and administrative responsibility for the program.

9627.7 The program coordinator’s responsibilities shall include, but are not limited to:

(a) Ensuring that the curriculum is coordinated and implemented in accordance with the chapter;

(b) Establishing the responsibilities of the instructors;

(c) Ensuring that each instructor meets the qualifications as specified in this chapter;

(d) Ensuring that each student is properly supervised during the student’s clinical experience; and

(e) Reporting annually and respond upon request to the Board.

9627.8 Each instructor shall have the following minimum qualifications:

(a) Be licensed or certified in his or her profession in the District of Columbia;

(b) Have completed a course in teaching adults or have experience in teaching adults and supervising nursing assistants; and

Have a minimum of two (2) years of experience as a registered nurse or licensed practical nurse, providing direct patient care during the five (5) years immediately preceding the date of the written agreement.

9627.9 The ratio of instructor to trainees in a clinical setting shall not exceed one (1) instructor to eight (8) trainees.

9627.10 Each training program shall have a record or attestation that trainees received information in writing on the policies governing admission, retention, dismissal, and the course requirements of the training program.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9627

17 DCMR § 9628 MINIMUM QUALIFICATIONS FOR NURSING ASSISTANT TRAINEES

9628.1 Each trainee shall be required to take a Board-approved pre-admission examination to assess reading, writing, and math skills prior to enrollment in a training program.

9628.2 English literacy shall be established on the Comprehensive Adult Student Assessment Systems e-test, General Assessment of Instructional Needs - Wonderlic, or Tests for Adult Basic Education at a minimum 5th grade level.

9628.3 Each trainee shall provide evidence of vaccination or immunity to communicable diseases prior to admission.

9628.4 Each trainee shall attest in writing to receiving information on:

(a) The policies governing admission, retention, dismissal, and the course requirements of the training program; and

(b) Certification requirements including CBC and examination.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9628

17 DCMR § 9630 CLOSING OF EDUCATION AND TRAINING PROGRAMS

9630.1 Each CNA program that voluntarily discontinues shall:

(a) Notify the Board, in writing, as early as possible of the intended discontinuance, stating the reason(s) and planned date of the intended closing;

(b) Continue the training program until the committed class scheduled for currently enrolled trainees is completed; and

(c) Notify the Board of the final closing date at least thirty (30) days before the final closing.

9630.2 Before the Board may withdraw approval of a program the Board shall:

(a) Issue a notice of intended action to the program notifying the program that:

(1) The Board intends to withdraw approval of the program and the reasons for the action;

(2) The institution has a right to a hearing; and

(b) Send notice to the HELC of the Board’s intention to withdraw program approval.

9630.3 If the Board denies or withdraws approval of a training program, the institution shall:

(a) Close the program on the date provided by the Board; and

(b) Comply with the requirements of all applicable rules and notify the Board that the requirements have been fulfilled.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9630

17 DCMR § 9631 RECORDS RETENTION

9631.1 Each CNA training program shall maintain an accurate and appropriate system of record keeping.

9631.2 Each training program shall ensure that administrative and personnel records are protected against loss, destruction, and unauthorized review.

9631.3 The record of each trainee shall include the following information:

(a) Completed and signed application;

(b) Results of entrance assessment;

(c) Trainee’s Record of academic performance;

(d) Evidence of vaccinations or immunity to communicable diseases;

(e) Board issued clinical evaluation form completed and signed by clinical instructor;

(f) Signed statement for receipt of school policies and certification requirements regarding examination and criminal background check; and

(g) Additional documents per the school’s policies.

9631.4 Each instructor’s personnel records shall be maintained by the facility and shall include application data, qualifications, and a position description, and shall be available for review by the Board.

9631.5 All records shall be maintained by the training program for a minimum of seven (7) years.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9631

17 DCMR § 9632 RESOURCES, FACILITIES, AND SERVICES

9632.1 Each CNA training program shall maintain resources, facilities, and services which are adequate to accommodate the training program. The resources, facilities, and services shall include, but are not limited to:

(a) Adequate temperature controls in each training facility;

(b) Clean and safe conditions of the facility’s premises;

(c) Adequate space for private faculty-student conferencing;

(d) Adequate lighting in each facility; and

(e) Sufficient and adequate equipment for the program’s needs, including audio-visual equipment and equipment needed for simulating client care.

9632.2 Each classroom, conference room, skills laboratory, and office shall be adequate to meet the needs of the training program.

9632.3 Each cooperative agreement between a training program and a healthcare facility shall be in writing. The training program shall maintain a copy of the agreement in its records.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9632

17 DCMR § 9651 NURSE AIDE REGISTRY

9651.1 The Director shall establish and maintain a registry of all individuals who have been certified under this chapter.

9651.2 The registry shall contain the following information:

(a) The name and any information necessary to identify each CNA;

(b) The date the individual became certified pursuant to this chapter; and

(c) The final resolution or order of the Board in a disciplinary action against a CNA.

9651.3 The final order and information reported by the Board to the registry shall remain permanently unless the information was entered in error, the order was reversed or remanded by a court, or the District is notified of the individual’s death.

History

• SOURCE: Final Rulemaking published at 68 DCR 8239 (August 20, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9651

17 DCMR § 9699 DEFINITIONS

9699.1 When used in this chapter, the following terms shall have the meanings ascribed:

Abuse - the infliction of physical or mental harm, or injury to, or death or financial exploitation of a client.

Board - the Board of Nursing as established by § 204 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1202.04 (2016 Repl.)).

Certified nurse aide - nursing assistive personnel who are certified to assist with the delivery of direct nursing care to patients, and work under the supervision of a nurse or other licensed health professional, in accordance with this chapter.

Certified nursing assistant – certified nurse aide.

Clinical - faculty planned and guided learning activities designed to assist in meeting course objectives and to apply nursing knowledge and skills in the direct care of clients, including clinical conferences and planned learning activities in acute care facilities, and other community resources. Clinical shall not include skills lab activities.

Conditional approval - the approval status that is granted for a time period specified by the Board to an CNA training program to correct deficiencies when the training program has failed to meet or maintain the requirements and standards of this chapter.

Continuing education - systematic learning experiences designed to augment the knowledge, skills, and attitudes of the CNA.

Criminal background check – an investigation into a person’s history by the appropriate state and federal authorities or approved vendor to determine whether the person has been convicted of a crime in the District of Columbia or in any other state or territory of the United States.

Delegation - the transference from the RN or LPN to another individual within the scope of his or her practice, the authority to act on behalf of the RN or LPN in the performance of a nursing intervention, while the RN or LPN retains accountability and responsibility for the delegated act.

Director - the Director of the Department of Health, or his or her designee.

Endorsement - the process of issuing a certification to an applicant who is registered by a state Board and recognized by the Board as a qualified professional according to standards that were the substantial equivalent at the time of the certification to the standards for that profession set forth in this chapter and who has continually remained in good standing with the Board from the date of certification until the date of certification in the District.

Health care facility - a facility or agency that provide long-term care services such as an assisted living residence, group home for persons with physical and intellectual disabilities, and a skilled home care agency.

Higher Education Licensure Commission - the Mayoral appointed regulatory, consumer protection authority responsible for public protection with regard to legitimate quality education in the District of Columbia.

Home setting – in a private residence.

Immediate supervision - supervision in which the supervisor is on the premises and within vocal communication, either directly or by communication device.

In-service - activities provided by the employer intended to assist the CNA in acquiring, maintaining, or increasing competence in fulfilling the assigned responsibilities specific to the expectations of the employer.

Misappropriation - the application of another’s property or money dishonestly to one’s own use.

Neglect - any act or mission by a CNA which causes or is likely to cause or contribute to, or which caused or is likely to have caused or contributed to the injury, death, or financial exploitation of a consumer.

Nursing assistive personnel - individuals who have received appropriate training or instruction to function in a complementary or assistant role to an RN or LPN, in providing direct patient care or in carrying out delegated nursing tasks. The term includes, but is not limited to, nursing students, graduate nurses, home health aides, personal care aides, medication aides, dialysis technicians, CNAs, patient care technicians, or others as specified by the Board of Nursing.

Pass rate - the percentage of candidates who receive a passing score on the competency evaluation out of the total exams administered for the review period.

Program - the planned series of instruction, didactic and clinical, designed so that the student will acquire the requisite knowledge and skills.

Reinstatement - reissuance of an expired nursing assistant certification.

Skills laboratory - faculty guided activities planned for students in a school/campus laboratory that simulates the activities provided by the CNA. The activities include demonstrations and return demonstrations using equipment and supplies that are used for the purpose of attaining required psychomotor skills.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019); as amended by Final Rulemaking published at 68 DCR 008239 (August 20, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9699

17-97 PATIENT CARE TECHNICIANS

17 DCMR § 9700 GENERAL PROVISIONS

9700.1 This chapter applies to applicants for, and holders of, a certification to practice as a patient care technician (PCT).

9700.2 This chapter shall apply to persons who, regardless of job title, are employed in an acute care service agency or facility for the purpose of providing PCT activities as specified in this chapter.

9700.3 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations Administrative Procedures) of this title apply to holders of a certification to practice as a PCT.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9700

17 DCMR § 9701 PATIENT CARE TECHNICIAN CERTIFICATION

9701.1 No person shall practice as a PCT in the District of Columbia without first being certified by the Board of Nursing (Board).

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9701

17 DCMR § 9702 TERM OF CERTIFICATION

9702.1 Subject to § 9701.1, a certification issued pursuant to this chapter shall expire at 11:59 p.m. on October 31 of each odd-numbered year.

9702.2 The Director of the Department of Health may modify the renewal system pursuant to § 4006.3 of Chapter 40 of this title and may modify the date on which a certification expires.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9702

17 DCMR § 9703 CRIMINAL BACKGROUND CHECK

9703.1 A person applying for certification as a PCT shall undergo a criminal background check (CBC) prior to issuance of the certification.

9703.2 After issuance of an initial certification, the applicant shall undergo an additional CBC as determined by Title 17 DCMR Chapter 85.

9703.3 The Board of Nursing shall review the results of a person’s positive CBC results.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9703

17 DCMR § 9704 GENERAL REQUIREMENTS FOR PATIENT CARE TECHNICIAN CERTIFICATION

9704.1 An applicant for certification as a PCT shall:

Be at least eighteen (18) years of age;

Meet the requirements of § 9703;

(c) Submit evidence of successfully passing a PCT examination offered by a PCT certification organization recognized by the National Commission for Certifying Agencies; or

(d) Provide proof of successful completion of a practical nursing (LPN) or registered nursing (RN) “Fundamentals of Nursing” course and acute care clinical which include skills specified in § 9715.1; or

(e) Submit a Commission on Graduates of Foreign Nursing Schools certificate, indicating equivalent education as a registered nurse or licensed practical nurse for nurses educated outside the United States; or

(f) Submit proof of practice for at least one thousand (1,000) hours within the last thirty-six (36) months as a:

(1) Navy or Air Force basic medical technician corpsman;

(2) Air Force independent duty medical technician;

(3) Army health care specialist;

(4) Emergency medical technician; or

(5) Paramedic;

(g) Submit a completed application to the Board;

(h) Submit any other documents that may be required by the Board; and

(i) Pay all required fees.

9704.2 An application that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned and closed by the Board. The applicant shall thereafter be required to reapply, comply with the current requirements for certification, and pay the required fees.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9704

17 DCMR § 9705 REQUIREMENTS FOR PATIENT CARE TECHNICIAN CERTIFICATION BY EXAMINATION

9705.1 To qualify for PCT certification by examination, an applicant shall:

Receive a passing score on the National Patient Care Technician Examination; and

(b) Meet requirements of this chapter.

9705.2 To apply for authorization to take a PCT examination, an applicant shall provide proof of one of the following:

Successful completion of a PCT program within the past twenty four (24) months, approved by the Board or by a nursing Board in the United States with standards determined by the Board to be equivalent to the standards in the District of Columbia;

Successful completion of a practical nursing or registered nursing “Fundamentals of Nursing” course and acute care clinical which include skills specified in § 9715.1; or

Completion of a credentials evaluation by an organization recognized by the Board, indicating equivalent education as an RN or LPN for nurses education outside of the United States.

9705.3 To request special accommodations for an examination, an applicant shall submit in writing, the following information:

(a) A letter from the appropriate health professional which confirms the applicant’s disability and provides information describing the accommodations required; and

(b) A letter from the applicant’s education program, indicating what accommodations were granted by the program.

9705.4 If an applicant has not taken or passed the patient care technician certification examination for more than twenty-four (24) months after the date the applicant becomes eligible to apply to take the examination, the applicant shall comply with requirements set forth in § 9705.1(a).

9705.5 The Board shall waive the examination requirements for any person currently practicing as a PCT provided that the applicant:

(a) Demonstrates, to the satisfaction of the Board, that he or she has been performing the functions of a PCT on a full-time or substantially full-time (a minimum of five hundred (500) hours per year) basis for the past twenty-four (24) months;

(b) Submits documentation from a supervising nurse, indicating the applicant’s continued competence to provide care;

(c) Submits documentation from an employer certifying the applicant’s ability to perform skills as listed in § 9715; and

(d) Submits an application by a date specified by the Board.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9705

17 DCMR § 9706 PATIENT CARE TECHNICIAN CERTIFICATION BY ENDORSEMENT

9706.1 An applicant currently working in another jurisdiction as a PCT shall apply for PCT by endorsement in order to work in DC as a PCT.

9706.2 An applicant for endorsement as a PCT shall provide proof of the following:

(a) Current unencumbered registration or certification as a PCT;

(b) Verification from a supervising registered nurse or licensed practical nurse certifying the applicant’s ability to perform skills listed in § 9715; and

(c) Completion of the requirements as listed in § 9704, Application for Certification.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9706

17 DCMR § 9707 PATIENT CARE TECHNICIAN CERTIFICATION RENEWAL

To qualify for the renewal of a certification, an applicant shall:

(a) Have performed eight (8) hours of patient care technician tasks enumerated in § 9715.1 for compensation during the prior twenty-four (24) months;

(b) Have completed, during the two (2) years before the expiration of the certification, twenty-four (24) hours of in-service training or continuing education relevant to the functions of patient care technicians and meeting the following requirements:

(1) Two (2) hours shall be in cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender and queer in accordance with D.C. Official Code § 3-1205.10(b)(5); and

(2) Ten percent (10%) of the total shall be in subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed necessary; and

(c) Have completed a criminal background check as required by § 9703.

9707.2 PCTs who have another active District of Columbia certification as nursing assistive personnel (NAP) may apply continuing education hours to NAP renewal requirements.

9707.3 The Board may conduct a random audit of renewal applicants or certified Patient Care Technicians to determine compliance with § 9707.1.

9707.4 The Board shall have the authority, in accordance with § 4018.1, to modify the number of hours of in-service training or continuing education required pursuant to § 9707.1(b) for any renewal applicant if there is good cause which necessitates a modification.

9707.5 The Board shall have the authority, in accordance with § 4018.2, to modify the number of hours of in-service training or continuing education required pursuant to § 9707.1(b) for all renewal applicants if an extraordinary circumstance, such as a public health emergency, necessitates a modification.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019); as amended by Final Rulemaking published at 68 DCR 009545 (September 10, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9707

17 DCMR § 9708 PATIENT CARE TECHNICAN INACTIVE STATUS AND REACTIVATION OF CERTIFICATION

9708.1 A PCT with an active certification may request to be placed on inactive status.

9708.2 While on inactive status, the PCT shall not be subject to the renewal fee and shall not practice, attempt to practice, or offer to practice as a PCT in the District of Columbia.

9708.3 To reactivate an inactive status of § 9704, Renewal of Certification.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9708

17 DCMR § 9709 PATIENT CARE TECHNICIAN REINSTATEMENT OF EXPIRED CERTIFICATION

9709.1 If a PCT fails to renew his or her PCT certification, the Board shall reinstate the certification if the applicant:

(a) Applies to the Board for reinstatement of the certification within five (5) years after the certification expires;

(b) Provides evidence of having completed twenty-four (24) hours of in-service training or continuing education within the past two (2) years prior to submission of an application;

Provides evidence of current PCT certification or registration;

(d) Provides evidence of having worked for a minimum of eight (8) hours within the last twenty-four (24) months as a PCT; and

(e) Completes a criminal background check as required in accordance with Title 17 DCMR Chapter 85.

9709.2 If a PCT fails to apply for reinstatement within five (5) years after his or her certification expires, the applicant shall meet the requirements for certification pursuant to § 9704.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9709

17 DCMR § 9713 ASSIGNMENT AND DELEGATION OF NURSING CARE TASKS TO PATIENT CARE TECHNICIAN

9713.1 An RN, LPN or licensed health care professional may assign or delegate tasks to PCTs that are among the authorized tasks listed in § 9715.

9713.2 PCTs shall not practice independently but shall work under the supervision of an RN, LPN or other licensed health care professional.

9713.3 The delegation or assignment of tasks shall comply with the standards for delegation listed in 17 DCMR § 5415 (Registered Nurse) and assignment listed in 17 DCMR § 5515 (Licensed Practical Nurse). Nursing care tasks that may be delegated or assigned shall be determined by:

(a) The knowledge and skills of the PCT;

(b) Verification of the clinical competence of the PCT by the employing agency;

(c) The stability of the client’s condition, including factors such as predictability, absence of risk of complication, and rate of change in health status; and

(d) The variables in each health care setting which include, but are not limited to:

(1) The accessible resources and established policies, procedures, practices, and channels of communication that lend support to the type of nursing tasks being delegated;

(2) The complexity and frequency of care needed by a given client population; and

(3) The accessibility of an RN or LPN.

9713.4 Nursing tasks that inherently involve on-going assessment, interpretation, or decision making that cannot be logically separated from one (1) or more procedures shall not be delegated to the PCT.

9713.5 Each PCT shall be trained to address the specific health care needs of his or her assigned population.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9713

17 DCMR § 9715 PATIENT CARE TECHNICIAN TASKS

9715.1 Under the supervision of an RN. LPN or licensed health professional, a PCT may perform the following tasks in addition to the tasks specified in § 9615:

Monitoring the administration of oxygen equipment by observing settings, tubing and equipment;

Inserting a peripheral intravenous catheter;

Discontinuing a peripheral IV catheter;

Elimination procedures, including enemas, fleets, and soap suds enemas;

Administering an electrocardiogram;

Fingerstick blood glucose testing;

Specimen collection;

Incentive spirometry;

Phlebotomy;

Pulse oximetry;

Inserting and discontinuing urinary catheters;

Applying elastic stockings; and

Applying and removing sequential compression devices.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9715

17 DCMR § 9717 DISCIPLINE

9717.1 The Board may revoke, suspend, or deny the registration of any PCT who is convicted of any crime involving moral turpitude pursuant to D.C. Official Code § 3-1205.14(a)(4) (2016 Repl. & 2018 Supp.)).

9717.2 In addition to any other disciplinary action it may take, the Board may impose a civil penalty of not more than five thousand dollars ($5,000) per violation as provided by D.C. Official Code § 3-1205.14(c)(5) (2016 Repl.), or file a letter of concern if the Board believes there is insufficient evidence to support direct action against a PCT.

9717.3 Grounds for denial, suspension, revocation or other discipline of a PCT include inability to function with reasonable skill and safety for the following reasons and for any additional acts as specified in D.C. Official Code § 3-1205.14 (2016 Repl.):

Substance abuse or other chemical dependency;

Client or patient abandonment;

Fraud or deceit, which may include but is not limited to:

(1) Filing false credentials;

(2) Falsely representing facts on an application for initial certification, reinstatement or renewal; or

(3) Giving or receiving assistance in taking the competency evaluation.

Client or patient neglect, abuse or misappropriation of funds;

Boundary violations;

Unsafe client care;

Performing acts beyond the PCT range of functions or beyond those tasks delegated;

Misappropriation or misuse of property;

A criminal conviction;

Failing to conform to acceptable standards of practice as a PCT;

Putting clients or patients at risk of harm; or

Violating the privacy or failing to maintain the confidentiality of client information.

9717.4 PCTs who are unable to perform their duties due to drug or alcohol dependency or mental illness may utilize the services offered under the Nurse’s Rehabilitation Program pursuant to D.C. Official Code §§ 3-1251.01, et seq. (2016 Repl.).

9717.5 The Board may refer for criminal prosecution any violation of the Health Occupations Revision Act (“Act”), D.C. Official Code §§ 3-1201.01, et seq. (2016 Repl.) that it deems appropriate.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9717

17 DCMR § 9720 STANDARDS FOR TRAINING PROGRAMS

9720.1 No institution shall provide PCT training in the District of Columbia unless its training program has been approved by the Board.

9720.2 The following types of institutions may apply for approval to provide PCT training:

(a) Private, degree-granting educational institutions operating or incorporated in the District of Columbia which are licensed by the Higher Education Licensure Commission (HELC) pursuant to the Educational Institution Licensure Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code §§ 38-1301, et seq. (2016 Repl.));

(b) Private, non-degree, post-secondary schools operating in the District of Columbia which are licensed by the HELC;

(c) District of Columbia public universities or colleges;

(d) Hospitals; and

(e) Nursing facilities licensed and operating in the District of Columbia that have received no adverse actions during the preceding two (2) years.

9720.3 The Board shall consider any one of the following as an adverse action which preclude a facility from providing training:

(a) Termination, restriction, or revocation of a facility's participation in the Medicaid or Medicare program;

(b) Provisional or restricted licensure of the facility, provided it is not a new facility; or

(c) A facility is given a provider agreement of less than one (1) year.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9720

17 DCMR § 9721 SUPERVISED PRACTICE OF TRAINEES

9721.1 A PCT trainee may practice only in accordance with the Act and this chapter.

9721.2 A trainee who is fulfilling educational requirements of this chapter may engage in supervised practice without a District of Columbia certification.

9721.3 All supervised practice of a trainee shall take place under the general or immediate supervision of an RN or LPN.

9721.4 A trainee shall identify himself or herself as a trainee before practicing.

9721.5 A trainee shall not receive compensation of any nature, directly or indirectly, from a client or client’s family member.

9721.6 The nurse supervising the trainee shall be responsible for all practice by a trainee during the period of supervision and may be subject to disciplinary action for trainee violations of the Act or this chapter.

9721.7 The Board may deny an application for certification by, or take other disciplinary action against, a trainee who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the trainee in accordance with the hearing provision of D.C. Official Code § 3-1205.14(a) (2016 Repl.).

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9721

17 DCMR § 9723 PROGRAM APPROVAL PROCEDURES FOR HEALTH CARE FACILITIES

9723.1 Each facility applying for approval to provide PCT training shall submit an application for approval which contains the following information:

(a) A statement of intent to establish a training program;

(b) A certificate of exemption or approval by HELC, if coursework is offered to persons not employed by the facility;

(c) A list of qualified instructors with resumes attached; and

(d) A description of the trainee population and tentative curriculum implementation schedule.

9723.2 A training program shall not admit trainees to the program before the program has been approved by the Board.

9723.3 The Board shall withdraw approval of training if the facility loses its licensure status.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9723

17 DCMR § 9724 TRAINING PROGRAM APPROVAL PROCEDURES

9724.1 Each institution applying for a certificate of approval to provide PCT training shall do the following:

(a) Submit to the Board of Nursing (Board), at least one hundred eighty (180) days in advance of the scheduled starting date, a statement of intent to establish a PCT training program; and

(b) Submit to the Board an application for a certificate of approval which contains the following information:

(1) A statement of need for the training program in the District of Columbia;

(2) A description of the proposed program's potential effect on existing PCT training programs in the area;

(3) The organizational structure of the institution showing the relationship of the proposed training program within the organization;

(4) Evidence of financial resources adequate for planning, implementation, and continuation of the program;

(5) Licensure status of the proposed training facility;

(6) The qualification of the proposed instructors;

(7) The number of fulltime equivalent budgeted instructor positions;

(8) Evidence of the availability of adequate clinical facilities for the training program;

(9) A description of the anticipated trainee population including admission and graduation criteria, a copy of the entrance exam and health requirements.

(10) A tentative time schedule for planning and initiating the program;

(11) Fee schedules; and

(c) Submit to the Board the one thousand dollar ($1000) application fee.

9724.2 Schools currently non-compliant with the Board's regulatory requirements are not eligible to submit an application to establish an additional program.

9724.3 After reviewing the application, based on the applicant’s compliance with § 9727, a decision shall be made to:

(a) Approve the application;

(b) Defer approval if additional information is needed; or

(c) Deny approval of the application.

9724.4 If an application approval has been granted, a site visit may be conducted.

9724.5 After reviewing the site visit report and compliance with § 9732, the Board shall vote to approve, deny, or defer program approval for resource, facility, or service concerns.

9724.6 The nurse coordinator for each facility or institution approved to provide training shall attend a Board sponsored orientation.

9724.7 A training program shall not admit trainees to the program before the program has been approved by the Board.

9724.8 If the application is denied, the applicant may not resubmit an application until one (1) year has passed from the last submission.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9724

17 DCMR § 9725 PERIODIC REVIEW OF APPROVED PROGRAMS

9725.1 Programs approved by the Board to train PCTs shall submit to the Board an annual report and the five hundred dollar ($500) fee in accordance with procedures established by the Board.

9725.2 The Board shall annually re-evaluate the patient care technician training programs.

9725.3 The Board may make unannounced visits to review and assess each nursing patient care technician training program to ensure that the program is in compliance with the training requirements in §§ 9727, 9728, 9731 and 9732.

9725.4 The Board shall assess each training program on the basis of visits to the facility, the progress of the training program, and any other information deemed appropriate by the Board.

9725.5 Three (3) levels of non-compliance for training programs include:

(a) Level 1 non-compliance:

(1) Up to five percent (5%) of student records reviewed during site visits are out of compliance with § 9731;

(2) Program is non- compliant with only one (1) of the sections §§ 9727, 9728, and 9732; or

(3) Annual certification pass rates are below seventy-five percent (75%) but no lower than seventy percent (70%).

(b) Level 2 non-compliance:

(1) Between six percent (6%) and twenty percent (20%) of student records reviewed during site visits are out of compliance with §9731;

(2) Program is non-compliant with only one of the sections: §§ 9727, 9728, or 9732; or

(3) Annual certification pass rates are below seventy percent (70%) but no lower than sixty-five (65%).

(c) Level 3 non-compliance:

(1) Twenty-one percent (21%) or more of student records reviewed during site visits are out of compliance with § 9731;

(2) Program is non-compliant with more than one (1) of the sections: §§ 9727, 9728, or 9732; or

(3) Annual certification pass rates are below sixty-five (65%).

9725.6 The Board will issue the sanctions to programs for non-compliance violations listed below including, but not limited to:

(a) Level 1 non-compliance:

(1) Conditional Approval;

(2) Corrective action plan is due within thirty (30) days of receipt of the status letter; and

(3) Site visit to review and assess implementation of the corrective actions within six (6) months.

(b) Level 2 non-compliance:

(1) Conditional Approval;

(2) Restricted Admissions;

(3) Board will recommend actions to correct deficiencies;

(4) Corrective action plan is due within thirty (30) days of receipt of the status letter;

(5) Site visit to review and assess implementation of the corrective actions within six (6) months;

(6) Pass rates reviewed in six (6) months; and

(7) Fine of up to two thousand dollars ($2000) if not in full compliance by the next annual review.

(c) Level 3 non-compliance:

(1) Warning Status;

(2) Restricted Admissions;

(3) Hire consultant to assist in developing and implementing actions to correct deficiencies;

(4) Consultant’s report is due to the Board within sixty (60) days;

(5) Site visit to review and assess implementation of corrective actions within six (6) months;

(6) Pass rates reviewed in six (6) months; and

(7) Fine of up to three thousand dollars ($3000) if not in full compliance by the next annual review.

The Board shall withdraw approval of a training program in non-compliance if:

(a) It determines that the program has failed to implement the approved corrective action plan;

(b) The program has failed to correct deficiencies within time period specified by the Board; or

(c) The education institution loses its licensure.

9725.8 The Board shall investigate all credible and timely complaints made against a program and may conduct hearings in connection with such complaints.

9725.9 Any Board action for suspension or withdrawal of a training program’s approval shall take place only upon notice to the program and the opportunity for a hearing in accordance with D.C. Official Code § 3-1205.14 (2016 Repl.).

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9725

17 DCMR § 9727 PATIENT CARE TECHNICIAN TRAINING PROGRAM REQUIREMENTS

9727.1 Training programs shall use Board approved PCT model curriculum, that consists of classroom, skills laboratory, and supervised practice hours and may be amended from time to time.

9727.2 All PCT training programs shall have adequate faculty and clinical facilities to provide supervised clinical experience with early, realistic exposure to job requirements. The clinical experience shall include the full range of skills needed in the workplace.

9727.3 The program must maintain seventy-five percent (75%) pass rate on the District of Columbia’s competency evaluation each year.

9727.4 Each training program shall have a sufficient number of qualified instructors to meet the purposes and objectives of the program.

9727.5 The training program shall be coordinated by an RN, who:

(a) Has a current, unencumbered District of Columbia license pursuant to D.C. Official Code § 3-1205.14 (2016 Repl.); and

(b) Has at least two (2) years of full-time or full-time equivalent experience as a registered nurse with clinical experience in the clinical practice setting he or she is coordinating.

9727.6 The PCT program coordinator shall be a qualified registered nurse with institutional authority and administrative responsibility for the program.

9727.7 The program coordinator’s responsibilities shall include, but are not limited to:

(a) Ensuring that the curriculum is coordinated and implemented in accordance with the chapter;

(b) Establishing the responsibilities of the instructors;

(c) Ensuring that each instructor meets the qualifications as specified in this chapter;

(d) Ensuring that each student is properly supervised during the student’s clinical experience; and

(e) Reporting annually and respond upon request to the Board.

9727.8 Each instructor shall have the following minimum qualifications:

(a) Be currently licensed or registered in good standing, in the jurisdiction in which he or she is providing the preceptorship;

(b) Have completed a course in teaching adults or have experience in teaching adults and supervising nursing assistants; and.

(c) Have a minimum of two (2) years of experience, as an RN or LPN, providing direct patient care during the five (5) years immediately preceding the date of the written agreement.

9727.9 The ratio of instructors to trainees in clinical areas involving direct care shall be based upon client acuity level, skill level of the trainee, and the clinical setting.

9727.10 Each training program shall have a record or attestation that trainees received information in writing on the policies governing admission, retention, dismissal, and the course requirements of the training program.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9727

17 DCMR § 9728 MINIMUM QUALIFICATIONS FOR PATIENT CARE TECHNICIAN TRAINEES

9728.1 Each trainee shall have received a high school diploma or its equivalent, including for example, but not limited to, the General Education Diploma or National External Diploma Program.

9728.2 Each person applying for PCT training shall provide evidence of certification as a nursing assistant after passing the National Nurse Aide Assessment Program exam or other CNA examination acceptable to the Board.

9728.3 Each trainee shall provide documentation from the trainee's supervising nurse or employer attesting to the trainee's satisfactory performance of nursing related services for a period of time not less than one (1) year.

9728.4 Each trainee shall provide evidence of vaccination or immunity to communicable diseases prior to admission.

9728.5 Each trainee shall attest in writing to receiving information on:

(a) The policies governing admission, retention, dismissal, and the course requirements of the training program; and

(b) Certification requirements including CBC and examination.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9728

17 DCMR § 9730 CLOSING OF EDUCATION AND TRAINING PROGRAMS

9730.1 Each PCT program that voluntarily discontinues shall:

(a) Notify the Board, in writing, as early as possible of the intended discontinuance, stating the reason(s) and planned date of the intended closing;

(b) Continue the training program until the committed class scheduled for currently enrolled trainees is completed; and

(c) Notify the Board of the final closing date at least thirty (30) days before the final closing.

9730.2 Before the Board may withdraw approval of a program the Board shall:

(a) Issue a notice of intended action to the program notifying the program that:

(1) The Board intends to withdraw approval of the program and the reasons for the action;

(2) The institution has a right to a hearing; and

(3) Send notice to the HELC of the Board’s intention to withdraw program approval.

9730.3 If the Board denies or withdraws approval of a training program, the institution shall:

(a) Close the program on the date provided by the Board; and

(b) Comply with the requirements of all applicable rules and notify the Board that the requirements have been fulfilled.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9730

17 DCMR § 9731 RECORDS RETENTION

9731.1 Each PCT training program shall maintain an accurate and appropriate system of record keeping.

9731.2 Each training program shall ensure that administrative and personnel records are protected against loss, destruction, and unauthorized review.

9731.3 A facility shall maintain a record for each trainee which shall include the following information:

Completed and signed application;

Results of entrance assessment;

Trainee’s Record of academic performance;

Evidence of vaccinations or immunity to communicable diseases;

Board issued clinical evaluation form completed and signed by clinical instructor;

(f) Signed statement for receipt of school policies and certification requirements regarding examination and criminal background check; and

(g) Additional documents per the school’s policies.

9731.4 Each instructor’s personnel records shall be maintained by the facility and shall include application data, qualifications, and a position description, and shall be available for review by the Board.

9731.5 All records shall be maintained by the training program for a minimum of seven (7) years.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9731

17 DCMR § 9732 RESOURCES, FACILITIES, AND SERVICES

9732.1 Each PCT training program shall maintain resources, facilities, and services which are adequate to accommodate the training program. The resources, facilities, and services shall include, but are not limited to:

(a) Adequate temperature controls in each training facility;

(b) Clean and safe conditions of the facility’s premises;

(c) Adequate space for private faculty-student conferencing;

(d) Adequate lighting in each facility; and

(e) Sufficient and adequate equipment for the program’s needs, including audio-visual equipment and equipment needed for simulating client care.

9732.2 Each classroom, conference room, skills laboratory, and office shall be adequate to meet the needs of the training program.

9732.3 Each cooperative agreement between a training program and agency healthcare facility shall be in writing. The training program shall maintain a copy of the agreement in its records.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9732

17 DCMR § 9799 DEFINITIONS

9799.1 When used in this chapter, the following terms shall have the meanings ascribed:

Abuse - the infliction of physical or mental harm, injury, death, or financial exploitation of a client.

Applicant - a person applying for certification as a patient care technician.

Board - the Board of Nursing as established by § 204 of the Act.

Clinical - faculty planned and guided learning activities designed to assist in meeting course objectives and to apply nursing knowledge and skills in the direct care of clients, including clinical conferences and planned learning activities in acute care facilities, and other community resources.

Conditional approval - the approval status that is granted for a time period specified by the Board to an home health aide training program to correct deficiencies when the training program has failed to meet or maintain the requirements and standards of this chapter.

Continuing education - systematic learning experiences designed to augment the knowledge, skills, and attitudes of the patient care technician.

Criminal background check – an investigation into a person’s history by the appropriate state and federal authorities or approved vendor to determine whether the person has been convicted of a crime in the District of Columbia or in any other state or territory of the United States.

Delegation - the transference from the RN or LPN to another individual within the scope of his or her practice, of the authority to act on behalf of the RN or LPN in the performance of a nursing intervention, while the RN or LPN retains accountability and responsibility for the act.

Director - the Director of the Department of Health, or his or her designee.

District - the District of Columbia.

Emergency medical technician - a person who is trained to give emergency medical care at the scene of an accident or in an ambulance.

Endorsement - the process of issuing a certification to an applicant who is registered by a state Board and recognized by the Board as a qualified professional according to standards that were the substantial equivalent at the time of the certification to the standards for that profession set forth in this chapter and who has continually remained in good standing with the Board from the date of certification until the date of certification in the District.

Fingerstick - a sticking of the finger to get a blood sample to use in a glucometer to measure the amount of glucose in blood.

Health care facility - an acute care facility or agency that provides long-term care services such as an assisted living residence, group home for persons with physical and intellectual disabilities, and skilled home care agency.

Higher Education Licensure Commission a Mayoral appointed regulatory, consumer protection authority responsible for public protection with regard to legitimate quality education in the District of Columbia.

Immediate supervision - supervision in which the supervisor is on the premises and within vocal communication with the person being supervised, either directly or by communication device.

Misappropriation - the application of another’s property or money dishonestly to one’s own use.

Neglect - any act or omission by a patient care technician which causes or is likely to cause or contribute to, or which has caused or is likely to have caused or contributed to the injury, death, or financial exploitation of a consumer.

Nursing assistive personnel - an individual who has received appropriate training or instruction to function in a complementary or assistant role to an RN or LPN, in providing direct patient care or in carrying out delegated nursing tasks.

Paramedic - A specially trained medical technician licensed to provide a wide range of emergency services before or during transportation to a hospital.

Pass rate - means the percentage of candidates who receive a passing score on the competency evaluation out of the total exams administered for the review period.

Patient care technician - nursing assistive personnel with specialized knowledge and training to provide patient care beyond the role of the certified nursing assistant in the acute care setting.

Program - the planned series of instruction, didactic and clinical, designed so that the student will acquire the requisite knowledge and skills.

Reinstatement - reissuance of an expired patient care technician certification.

Skills laboratory - faculty guided activities planned for students in a school/ campus laboratory that simulates the activities provided by the CNA. The activities include demonstrations and return demonstrations using equipment and supplies that are used for the purpose of attaining required psychomotor skills.

History

• SOURCE: Final Rulemaking published at 66 DCR 11404 (August 23, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9799

17-99 PHARMACY TECHNICIANS

17 DCMR § 9900 GENERAL PROVISIONS

9900.1 This chapter shall apply to applicants for and holders of a registration to practice as a pharmacy technician or pharmacy technician trainee.

9900.2 Chapter 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) shall supplement this chapter.

9900.3 A registered pharmacy technician shall wear a name tag bearing the title “registered pharmacy technician” and display his or her current registration in a conspicuous place in the pharmacy in which he or she is employed.

9900.4 A pharmacy technician trainee shall not use a title other than pharmacy technician trainee, shall wear a name badge bearing the title “pharmacy technician trainee”, and shall display his or her current registration in a conspicuous place in the pharmacy in which he or she is employed.

9900.5 Consistent with maintaining patient safety, no pharmacist shall supervise more pharmacy technicians and trainees than he or she can safely supervise. The pharmacist shall be fully responsible for the practice of each technician and trainee during the period of supervision and may be subject to disciplinary action for any violation of the act by a technician or trainee he or she supervises.

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9900

17 DCMR § 9901 TERM OF REGISTRATIONS

9901.1 Subject to § 9901.4, a pharmacy technician registration issued pursuant to this chapter shall expire at 11:59 PM of February 28th of each odd-numbered year.

9901.2 A pharmacy technician trainee registration shall expire one year from the date of registration or upon issuance of a pharmacy technician registration, whichever is earlier.

9901.3 A pharmacy technician trainee registration shall not be renewed.

9901.4 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a pharmacy technician registration issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the registration or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9901

17 DCMR § 9902 REGISTRATION REQUIRMENTS FOR PHARMACY TECHNICIANS

9902.1 Except as otherwise provided in this subtitle, an applicant applying for a registration to practice as a pharmacy technician shall establish to the satisfaction of the Board that the applicant has successfully:

Obtained a high school diploma or its equivalent, or has passed a Board-approved examination that proves that he or she has achieved competency in the educational skills required to perform the function of a pharmacy technician; and

Obtained a current certification from:

The Pharmacy Technician Certification Board (PTCB);

The National Healthcareer Association (formerly ICPT); or

(3) Another state certifying organization approved by the Board; or

Completed one of the following types of Board approved pharmacy technician training programs, which shall include a Board-approved exam:

A national, regional, or state accredited pharmacy technician training program recognized by the Board;

A pharmacy technician program at a college or university that is accredited by an accrediting body recognized by the Secretary of the United States Department of Education or the Council on Postsecondary Accreditation;

An employer-based pharmacy technician training program recognized by the Board that meets the requirements of § 9903 and includes a minimum of one hundred sixty (160) hours of training within a one (1) year period, including theoretical and practical instruction; or

A pharmacy technician program that meets the guidelines of the American Society of Health-System Pharmacists, is licensed by the District of Columbia Educational Licensure Commission, and has certified to the Board its intent to pursue accreditation upon becoming eligible to do so.

9902.2 To apply for a pharmacy technician registration an applicant shall:

Submit a completed application to the Board on the required forms and include:

(1) The applicant’s social security number on the application. If the applicant does not have a social security number, the applicant shall:

Submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

Submit proof acceptable to the Board that he or she is legally authorized to be in the United States, such as a Certificate of Citizenship or Naturalization, Resident Alien Card, a valid foreign passport with a visa; or a work permit card from the Department of Homeland Security (I-766 or I-688B).

(2) Two (2) recent passport-type photographs of the applicant’s face measuring two inches by two inches (2” x 2”), which clearly expose the area from the top of the forehead to the bottom of the chin; and

(3) One (1) clear photocopy of a U.S. government-issued photo ID, such as a driver’s license, as proof of identity.

Submit proof acceptable to the Board that the applicant has successfully met the requirements set forth in § 9902.1, § 9905.1 or § 9912.1 of this chapter;

Undergo a criminal background check; and

Pay all required fees.

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9902

17 DCMR § 9903 Criteria for APPROVAL OF Pharmacy Technician Training Programs

9903.1 The provider of a pharmacy technician training program shall submit a completed application to the Board on the required forms and include payment of the application fee.

9903.2 To be approved by the Board, a pharmacy technician training program shall, at a minimum, provide instruction in the following areas of pharmacy practice:

Roles and responsibilities of the pharmacy technician;

Knowledge of prescription medications;

Knowledge of strengths or dose, dosage forms, physical appearance, routes of administration, and duration of drug therapy;

The dispensing process;

Pharmaceutical calculations;

Interacting with patients;

Third party prescriptions;

Sterile and non-sterile compounding;

Requirements and professional standards for:

Preparing;

Labeling;

Dispensing;

Storing;

Prepackaging;

Distributing; and

How medications are administered;

Confidentiality;

Drugs used to treat major chronic conditions;

Federal and District laws and regulations governing controlled substances and the practice of pharmacy; and

Knowledge of special dosing considerations for pediatric and geriatric populations.

9903.3 A pharmacy technician training program shall include a minimum of one hundred sixty (160) hours of practical experience.

A pharmacy technician training program may not be longer than one (1) year.

9903.5 The Director of a pharmacy technician training program shall be qualified by education or experience to perform in this capacity.

The Board shall have final approval of a pharmacy technician training program.

9903.7 The Board shall approve Pharmacy technician training programs offered by the U.S. Armed Forces.

9903.8 The Board may withdraw approval of a program if the Board finds that the program is in violation of this chapter.

9903.9 A pharmacy technician training program approval shall expire five (5) years from the date of issuance.

9903.10 To maintain continued approval the program shall submit the renewal application, renewal fee, and a self-evaluation report on a form provided by the Board at the time of renewal notification.

9903.11 Renewal of a program's approval is at the discretion of the Board, and the decision to renew shall be based on documentation of continued compliance with the criteria set forth in this chapter.

9903.12 A pharmacy technician training program shall report within thirty (30) days any substantive change in the program to include a change in:

(a) Program name;

(b) Program director;

(c) Instructors;

(d) Name of institution or business if applicable;

(e) Address;

(f) Program content;

(g) Length of program; or

(h) Location of records.

9903.13 A pharmacy technician training program shall maintain records of participants for five (5) years from date of completion or termination of program. The records shall be maintained either on-site or at another location where the records are readily retrievable upon request for inspection. A program shall provide a certificate of completion to participants who successfully complete the program and provide verification of completion of the program for a participant upon request by the Board.

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9903

17 DCMR § 9904 EXAMINATION REQUIREMENTS FOR PHARMACY TECHNICIAN TRAINING PROGRAMS

9904.1 To be approved by the Board a training program examination shall:

Test for competency of the content criteria set forth in § 9903.2 of this chapter;

Include a minimum of ninety (90) multiple choice questions;

Include sufficient additional questions so that the examination questions may be rotated twice a year;

Require a passing score of seventy-five percent (75%) or higher; and

Shall be certified as psychometrically valid.

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9904

17 DCMR § 9905 REGISTRATION BY RECIPROCITY

9905.1 An individual, holding an active pharmacy technician registration in another state, shall apply for registration by reciprocity as follows:

Submit a completed application to the Board on the required forms and include:

(1) The applicant’s social security number on the application. If the applicant does not have a social security number, the applicant shall:

Submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

Submit proof acceptable to the Board that he or she is legally authorized to be in the United States, such as a Certificate of Citizenship or Naturalization, Resident Alien Card, a valid foreign passport with a visa; or a work permit card from the Department of Homeland Security (I-766 or I-688B).

(2) Two (2) recent passport-type photographs of the applicant’s face measuring two inches by two inches (2” x 2”), which clearly expose the area from the top of the forehead to the bottom of the chin; and

(3) One (1) clear photocopy of a U.S. government-issued photo ID, such as a driver’s license, as proof of identity.

Submit proof of current licensure, registration, or certification, in good standing, to practice as a pharmacy technician in another state;

Obtain verification from each state in which the applicant holds or has ever held a pharmacy technician registration, that the registration is current and in good standing, or if the registration is no longer active, that it was in good standing immediately prior to its expiration. The registration verification form must be sent directly to the Board, by the verifying Board;

Undergo a criminal background check; and

Pay all required fees.

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9905

17 DCMR § 9906 REGISTRATION FOR PHARMACY TECHNICIAN TRAINEES

9906.1 A person shall register with the Board as a pharmacy technician trainee within thirty (30) days after beginning an employer-based pharmacy technician program recognized by the Board.

9906.2 Individuals enrolled in a non-employer-based pharmacy technician training program shall register with the Board as a pharmacy technician trainee prior to performing duties of a pharmacy technician trainee in a pharmacy.

9906.3 A pharmacy technician trainee registration shall expire one (1) year from the date of issuance and shall not be renewed.

9906.4 Every pharmacy that uses a person as a pharmacy technician trainee shall have documentation on site at the pharmacy and available for inspection showing that the person is currently enrolled in a Board approved pharmacy technician training program.

9906.5 A registered pharmacy technician trainee may provide the pharmacy technician functions permitted under § 9910 of this chapter, under the direct supervision of a licensed pharmacist, commensurate with the training and experience he or she has received.

9906.6 To be eligible to register as a pharmacy technician trainee a person shall:

Be at least 17 years of age;

Have a high school diploma or its equivalent; and

Be enrolled in a Board-approved pharmacy technician training program or employed in a pharmacy as a pharmacy technician trainee.

9906.7 To apply for a registration as a pharmacy technician trainee a person shall:

Submit a completed application to the Board on the required forms and include:

(1) The applicant’s social security number on the application. If the applicant does not have a social security number, the applicant shall:

Submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

Submit proof acceptable to the Board that he or she is legally authorized to be in the United States, such as a Certificate of Citizenship or Naturalization, Resident Alien Card, a valid foreign passport with a visa; or a work permit card from the Department of Homeland Security (I-766 or I-688B).

(2) Two (2) recent passport-type photographs of the applicant’s face measuring two inches by two inches (2” x 2”), which clearly expose the area from the top of the forehead to the bottom of the chin; and

(3) One (1) clear photocopy of a U.S. government-issued photo ID, such as a driver’s license, as proof of identity.

Submit proof acceptable to the Board that the applicant has successfully met the requirements set forth in § 9906.5 of this chapter;

Undergo a criminal background check; and

Pay all required fees.

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9906

17 DCMR § 9907 CONTINUING EDUCATION REQUIREMENTS

9907.1 Except as provided in § 9907.2, this section shall apply to all applicants for the renewal, reactivation, or reinstatement of a pharmacy technician registration.

9907.2 This section shall not apply to applicants for the first renewal of a pharmacy technician registration.

9907.3 A continuing education credit shall be valid only if it is part of a program approved by the Board in accordance with § 9908 of this chapter.

9907.4 For the licensure period ending February 28, 2021, an applicant for renewal of a pharmacy technician registration shall:

Have completed a minimum of twenty (20) contact hours of continuing education credit in pharmacy-related subject matter during the two (2) year period preceding the date the registration expires, which shall include at least:

Two (2) contact hours of continuing education credit in pharmacy law;

Two (2) contact hours in medication safety; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5); and

Attest to completion of the required continuing education credits on the renewal application form; and

Be subject to a random audit.

9907.5 Beginning with the licensure period ending February 28, 2023, an applicant for renewal of a pharmacy technician registration shall:

Have completed a minimum of twenty (20) contact hours of continuing education credit in pharmacy-related subject matter during the two (2) year period preceding the date the registration expires, which shall include at least:

Two (2) contact hours of continuing education credit in pharmacy law;

Two (2) contact hours in medication safety;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10 (b)(5); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website; and

Attest to completion of the required continuing education credits on the renewal application form; and

Be subject to a random audit.

9907.6 For the purposes of this section, pharmacy-related subject matter shall include, but not be limited to, the following topics:

(a) Medication distribution;

(b) Inventory control systems;

(c) Pharmaceutical mathematics;

(d) Pharmaceutical sciences;

(e) Pharmacy law;

(f) Pharmacology/drug therapy;

(g) Pharmacy quality assurance; and

(h) Roles and duties of pharmacy technicians.

9907.7 For the licensure period ending February 28, 2021, to qualify for reinstatement or reactivation of a pharmacy technician registration, an applicant shall have completed a minimum of twenty (20) contact hours of continuing education credit in pharmacy-related subject matter in the year immediately preceding the date of the application, which shall include at least:

Two (2) contact hours of continuing education credit in pharmacy law;

Two (2) contact hours in medication safety; and

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10(b)(5).

9907.8 Beginning with the licensure period ending February 28, 2023, to qualify for reinstatement or reactivation of a pharmacy technician registration, an applicant shall have completed a minimum of twenty (20) contact hours of continuing education credit in pharmacy-related subject matter in the year immediately preceding the date of the application, which shall include at least:

Two (2) contact hours of continuing education credit in pharmacy law;

Two (2) contact hours in medication safety;

Two (2) hours of continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of D.C. Official Code § 3-1205.10(b)(5); and

At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently, as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

9907.9 Except as provided in § 9907.10, an applicant under this section shall prove completion of required continuing education credits by submitting the following information with respect to each program:

The name and address of the sponsor of the program;

The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

The dates on which the applicant attended the program;

The hours of credit claimed; and

Verification by the sponsor of completion, by signature or stamp.

9907.10 Applicants for renewal of a registration shall only be required to prove completion of the required continuing education credits by submitting proof pursuant to § 9907.9 if requested to do so as part of the random audit, or if otherwise requested to do so by the Board.

9907.11 Persons selected as a part of the Board’s random audit shall provide all requested documentation within no more than thirty (30) calendar days after receipt of the audit request or having been deemed served with receipt, whichever comes first.

9907.12 An applicant for renewal of a registration who fails to renew the registration by the date the registration expires may renew the registration for up to sixty (60) days after the date of expiration by completing the application, submitting the required supporting documents, and paying the required late fee. Upon renewal, the applicant shall be deemed to have possessed a valid registration during the period between the expiration of the registration and the renewal thereof.

9907.13 If an applicant for renewal of a registration fails to renew the registration and pay the late fee within sixty (60) days after the expiration of applicant's registration, the registration shall be considered to have lapsed on the date of expiration. The applicant shall thereafter be required to apply for reinstatement of an expired registration and meet all requirements and fees for reinstatement.

9907.14 The Board may, in its discretion, grant an extension of the sixty (60) day period, up to a maximum of one (1) year, to renew after expiration if the applicant's failure to renew was for good cause. As used in this section, "good cause" includes the following:

Serious and protracted illness of the applicant; and

The death or serious and protracted illness of a member of the applicant's immediate family.

9907.15 An extension granted under this section shall not exempt the pharmacy technician from complying with the continuing education requirements for any other renewal period.

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015); as amended by Final Rulemaking published at 64 DCR 7483 (August 4, 2017); as amended by Final Rulemaking published at 67 DCR 7474 (June 12, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9907

17 DCMR § 9908 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

9908.1 The Board may, in its discretion, approve continuing education programs that contribute to the growth of an applicant in professional competence as a pharmacy technician and meet the other requirements of this section.

9908.2 To qualify for approval by the Board, a continuing education program shall be a structured educational activity that provides instruction in the subject matter set forth in § 9907.5, and shall include the following:

Programs offered by an ACPE provider;

Programs approved by other Boards of Pharmacy; or

Programs offered by an institution of higher learning recognized by an accrediting body approved by the Secretary of the United States Department of Education.

9908.3 The Board may approve additional continuing education programs offered by other providers if the programs meet the following requirements:

Prior to a program offering, the provider shall complete an application form and include all required materials for review;

The application shall be submitted by the provider to the Board for review no less than ninety (90) days prior to the presentation;

The content of the program shall be current in its subject matter; and

The content of the program shall be developed and taught by individuals with demonstrated qualifications in the topic.

9908.4 Continuing education programs approved by the Board pursuant to § 9908.3 shall be valid for a two (2) year period and may be audited by the Board.

9908.5 For programs approved by the Board pursuant to § 9908.3:

The provider shall inform the Board of any changes in information previously provided about the program or provider prior to offering the program again. Failure to notify the Board may result in the Board withdrawing its approval;

If a provider wants to give a live program more than once, all program dates must either be submitted on the original application or provided to the Board in subsequent correspondence at least five (5) days prior to giving the program. Failure to submit substantive changes to an approved program to the Board may result in the Board withdrawing approval of the program; and

The provider of an approved continuing education program shall maintain all records on that program, its participants, and hours awarded for a period of four (4) years and shall make those records available to the board upon request.

9908.6 The Board may issue a list of approved continuing education programs.

9908.7 An applicant shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9908

17 DCMR § 9909 CONTINUING EDUCATION CREDITS

9909.1 A contact hour shall consist of at least sixty (60) minutes of instruction in an approved continuing education program and shall equal one-tenth (0.1) of a continuing education credit (“CEU”).

9909.2 A maximum of ten (10) contact hours of the required twenty (20) contact hours may be earned by completing a relevant college course with a grade of “C” or better.

9909.3 For approved college courses, each semester hour of credit constitutes ten (10) contact hours of continuing education credit, and each quarter hour constitutes five (5) contact hours of continuing education credit.

9909.4 A continuing education credit shall only be valid if it is earned in a topic listed under § 9907.5.

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9909

17 DCMR § 9910 SCOPE OF PRACTICE

9910.1 A registered pharmacy technician may perform pharmacy technician functions only in accordance with this chapter.

9910.2 A registered pharmacy technician may provide pharmacy technician functions under the direct supervision of a licensed pharmacist that shall include but are not limited to the following:

Entering prescription and drug history information into a data system or other record keeping system;

Compounding and reconstituting drugs for dispensing;

Calling a physician for refill authorization for non-controlled substances in which no changes are made to the order;

Preparing prescription labels or patient information;

Removing the drug to be dispensed from inventory;

Counting or measuring the drug to be dispensed;

Packaging and labeling the drug to be dispensed and the repackaging thereof;

Stocking or loading automated dispensing devices or other devices used in the dispensing process;

Placing, receiving, unpacking, and storing drug orders;

Checking all prescription and non-prescription stock for outdates and processing of outdated returns;

Assisting the pharmacist in preparing and reconstituting sterile products and other medications;

Retrieving prescription files, patient files, profiles, and other records pertaining to the practice of pharmacy; and

Notifying the patient or the patient's agent of the opportunity to receive an oral consultation from the pharmacist.

9910.3 Notwithstanding § 9910.2, a registered pharmacy technician shall not provide the following services:

Drug regimen review;

Clinical conflict resolution;

Prescriber contact, except for receiving authorization of prescription refills;

Therapy modification;

Patient counseling as described in 22-B DCMR § 1919;

Dispensing process validation;

Vaccination or immunization administration;

Receiving a new prescription drug order over the telephone;

Any activity required by law or regulation to be performed only by a pharmacist; or

Any activity for which professional pharmaceutical judgment is required.

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9910

17 DCMR § 9911 OTHER PHARMACY RELATED SERVICES

9911.1 Unless otherwise authorized by the Board, an individual who works at a pharmacy and is not licensed or registered by the Board as a pharmacist or pharmacy intern or authorized to perform the services of a pharmacy technician under this chapter, may perform only ancillary pharmacy services, such as:

Cashiering;

Bookkeeping;

Pricing;

Stocking;

Delivering;

Answering nonprofessional questions and telephone inquiries;

Documenting third-party reimbursement; and

Notifying the patient or the patient's agent of the opportunity to receive an oral consultation from the pharmacist.

9911.2 An individual who is not licensed or registered by the Board as a pharmacist or pharmacy intern or authorized to perform the services of a pharmacy technician under this chapter shall not perform the tasks of a:

Pharmacist;

Pharmacy intern;

Pharmacy technician; or

Pharmacy technician trainee

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9911

17 DCMR § 9912 GRANDFATHERING

9912.1 For a period of one year after the effective date of these regulations, an applicant who does not meet the requirements for registration set forth in § 9902.1 or § 9905.1 of this chapter shall be eligible for registration as a pharmacy technician if:

The applicant is at least seventeen (17) years of age; and

The applicant submits proof, acceptable to the Board, that he or she has worked as a pharmacy technician for at least twenty-four (24) consecutive months immediately prior to the effective date of the Act; and

A licensed pharmacist or pharmacists who have supervised the applicant for at least six (6) months immediately prior to the date of the application attests in writing that the applicant has competently performed the functions of a pharmacy technician; or

Demonstrates to the satisfaction of the Board that the applicant has been performing the function of pharmacy technician on a full-time or substantially full-time basis continually for at least twenty-four (24) months immediately preceding the effective date of the Act and is qualified to do so on the basis of pertinent education, training, experience, and demonstrated current experience.

9912.2 For a period of one year after the effective date of these regulations an applicant who is not eligible for registration under § 9902.1, § 9905.1 or § 9912.1 of this chapter may engage in practice as a pharmacy technician if the applicant:

Has received training to enable him or her to competently and safely perform the tasks assigned; and

Engages in such practice under the direct supervision of a D.C. licensed pharmacist.

9912.3 A person who is engaging in practice as a pharmacy technician pursuant to § 9912.2 of this chapter shall cease practicing as a pharmacy technician after the one year period expires.

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9912

17 DCMR § 9999 DEFINITIONS

As used in this chapter, the following terms shall have the meaning as ascribed:

Act – Pharmacy Technician Amendment Act of 2012, effective May 1, 2013, (D.C. Law 19-0303; D.C. Official Code §§ 3-1207.51 et seq.).

Board – the Board of Pharmacy

Direct supervision – with respect to the supervision of the pharmacy technician or pharmacy technician trainee, that a licensed pharmacist is:

Physically present at the same pharmacy as the pharmacy technician or pharmacy technician trainee and in the general vicinity of the pharmacy technician or pharmacy technician trainee;

Readily available to answer questions of the pharmacy technician or pharmacy technician trainee;

Making appropriate in-process and end-process verifications of the activities of the pharmacy technician or pharmacy technician trainee; and

Fully responsible for the practice of the pharmacy technician or pharmacy technician trainee.

Pharmacy technician functions - technical pharmacy-related services, that do not require professional judgment regarding the preparation and distribution of drugs, performed under the direct supervision of a licensed pharmacist.

Pharmacy technician trainee – a person enrolled in a Board-approved training program who may perform the duties of a registered pharmacy technician under the direct supervision of a pharmacist in a licensed pharmacy in the District.

Registered pharmacy technician – a person who is registered with the Board as a pharmacy technician.

History

• SOURCE: Final Rulemaking published at 62 DCR 15117 (November 20, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9999

17-100 COLLABORATIVE PRACTICE AGREEMENTS BETWEEN PHYSICIANS AND PHARMACISTS

17 DCMR § 10000 GENERAL PROVISIONS

10000.1 Participation in a collaborative practice agreement shall be voluntary, and no licensed physician, pharmacist or institution shall be required to participate.

10000.2 Neither a pharmacist nor physician shall provide economic incentives to the other for the purpose of entering into a collaborative practice agreement.

10000.3 A physician shall not be employed by any pharmacist or pharmacy for the sole purpose of collaborative practice.

10000.4 Patient entry into a collaborative practice arrangement shall be initiated by an authorizing protocol that includes coverage of the patient(s), or a written referral from the licensed physician to the pharmacist for a specific patient.

10000.5 When patient entry is initiated by the pharmacist, the pharmacist shall:

Instruct the patient to follow up with the authorizing physician within the time period established in the collaborative practice agreement;

Notify the authorizing physician of the encounter in writing within twenty-four (24) hours or one (1) business day; and

Obtain a referral from the authorizing physician before providing further collaborative practice services to the patient.

10000.6 A pharmacist who is a party to a collaborative practice agreement shall utilize an area for in person, telephonic or other approved electronic consultations relating to the management of drug therapy that ensures the confidentiality of the patient information being discussed.

10000.7 Nothing in these regulations shall be construed or interpreted to allow a pharmacist to accept delegation of a physician’s authority outside of or beyond the scope of the pharmacist’s practice.

History

• SOURCE: Final Rulemaking published at 65 DCR 8528 (August 17, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10000

17 DCMR § 10001 REQUIREMENTS FOR PARTICIPATION IN A COLLABORATIVE PRACTICE AGREEMENT

10001.1 A pharmacist shall only participate in a collaborative practice agreement in accordance with this chapter.

10001.2 A licensed physician shall have a valid patient-physician relationship with a patient that he or she refers to a pharmacist for participation in a collaborative practice agreement under this chapter.

10001.3 For purposes of this chapter, an internet based or telephone consultation or questionnaire evaluation is not adequate to establish a valid patient-physician relationship unless and except as otherwise specifically permitted by District law.

10001.4 The licensed physician and pharmacist who are parties to a collaborative practice agreement shall hold an active license in good standing in the District of Columbia.

10001.5 The Boards may deny approval of a physician or pharmacist to participate in a collaborative practice agreement if the physician or pharmacist has:

A final order by the governing Board disciplining the physician or pharmacist's license for a practice issue within the five (5) years immediately preceding the formation of the agreement; or

Limitations placed on the physician or pharmacist's license by the governing board.

10001.6 The collaborative practice agreement shall be within the scope of the licensed physician's current practice.

10001.7 To be eligible to participate in a collaborative practice agreement, a pharmacist:

(a) Shall possess relevant advanced training as indicated by one of the following:

Certification as a specialist by:

The Board of Pharmaceutical Specialties;

The Commission for Certification in Geriatric Pharmacy; or

Another credentialing body approved by the Board of Pharmacy; or

Successful completion of:

(A) A residency accredited by the American Society of Health-Systems Pharmacists, a body approved by the Board of Pharmacy or offered by a body accredited by the Accreditation Council for Pharmacy Education; or

(B) A certificate program approved by the Board of Pharmacy; and

(b) Shall have successfully completed:

A minimum of three (3) years of relevant clinical experience, if the pharmacist holds an academic degree of Doctor of Pharmacy; or

A minimum of five (5) years of relevant clinical experience, if the pharmacist holds an academic degree of Bachelor of Science in Pharmacy; and

(c) Shall have documented training related to the area of practice covered by the collaborative practice agreement.

History

• SOURCE: Final Rulemaking published at 65 DCR 8528 (August 17, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10001

17 DCMR § 10002 USE OF A COLLABORATIVE PRACTICE AGREEMENT AND REQUIRED CONTENT

10002.1 The management of drug therapy pursuant to a collaborative practice agreement shall be initiated by an authorizing protocol that includes coverage of the patient(s) or a written referral from the licensed physician to the pharmacist for a specific patient.

10002.2 When a patient encounter is initiated through an authorizing protocol, the pharmacist shall notify the authorizing physician in writing within twenty-four (24) hours or one (1) business day.

10002.3 The authority granted by the physician to the pharmacist must be within the scope of the physician’s practice.

10002.4 The collaborative practice agreement may allow the pharmacist, within the pharmacist’s scope of practice, to conduct activities approved by the physician pursuant to the agreement and within the authority established by the law and regulations.

10002.5 The collaborative practice agreement shall not prohibit the pharmacist from providing other pharmaceutical services that are within the pharmacist's scope of practice.

10002.6 A collaborative practice agreement shall be based upon treatment protocols that are generally accepted as the clinical standard of care within the medical and pharmacy professions, or approved by the Boards of Medicine and Pharmacy in accordance with § 10006 of this chapter, and shall include:

Identification of the physicians(s) and pharmacist(s) who are parties to the agreement;

The location(s) where the pharmacist(s) and physician(s) may provide services under the collaborative practice agreement;

The name, address, and telephone number of the person(s) who are to receive correspondence from the Boards related to the collaborative practice agreement;

(d) A detailed description of the disease state or condition, drugs or drug categories, drug therapies, devices, and any necessary incidental tests, authorized by the physician, and the activities allowed in each case;

(e) A detailed description of the methods, procedures, decision criteria, and plan the pharmacist is to follow when conducting allowed activities;

(f) A detailed description of the activities and procedures that the pharmacist is to follow, including documentation of decisions made, and a plan or appropriate mechanism for communication, feedback, and reporting to the physician activities and results concerning specific decisions made;

(g) The conditions under which the pharmacist may initiate, modify, or discontinue a drug therapy;

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

The frequency and the manner in which the pharmacist conducts the management of drug therapy;

(j) A method for the physician to monitor compliance with the agreement and clinical outcomes and to intercede where necessary;

(k) A description of the continuous quality improvement efforts used to evaluate effectiveness of patient care and ensure positive patient outcomes;

(l) A provision that allows the physician to override a collaborative practice decision made by the pharmacist whenever he or she deems it necessary or appropriate, with notification to the pharmacist of the override within twenty-four (24) hours or one (1) business day, or as noted in the collaborative practice agreement;

(m) A provision that allows either party to cancel the collaborative practice agreement by written notification;

(n) An effective date; and

(o) The signatures of all collaborating pharmacists and physicians who are party to the collaborative practice agreement, as well as dates of signing.

10002.7 The collaborative practice agreement may include treatment protocols that include a physician(s) delegation of authority to the pharmacist(s) to obtain laboratory tests provided the tests relate directly to the drug therapy management under the protocol.

10002.8 In addition to the requirements set forth in the collaborative practice agreement, documentation of each intervention, including changes in dose, duration or frequency of medication prescribed, shall be recorded in the pharmacist’s prescription record, patient profile, a separate log book, or in some other appropriate system.

10002.9 Pharmacists engaging in collaborative practice shall not delegate any collaborative practice activities to any other staff.

10002.10 Documentation of allowed activities must be kept as part of the patient’s permanent record and be readily available to other health care professionals providing care to that patient and who are authorized to receive it. Documentation of allowed activities shall be considered protected health information.

10002.11 Oral communications between the physician and pharmacist shall be summarized in the documentation maintained by the pharmacist and forwarded to the physician.

10002.12 Unless an alternative time period is stated in the collaborative practice agreement, the pharmacist shall inform the physician within forty-eight (48) hours if the pharmacist modifies the drug dose or agent.

10002.13 Unless an alternative time period is stated in the collaborative practice agreement, the pharmacist shall inform the physician within twenty-four (24) hours if the pharmacist detects an abnormal result from an assessment activity.

10002.14 Amendments to a collaborative practice agreement must be documented, signed, and dated, and for collaborative practice agreements containing approved protocols outside the generally accepted clinical standard of care, the amendments must be approved by the Boards before they are implemented.

10002.15 At a minimum, the collaborative practice agreement shall have a documented review and, if necessary, be revised every year.

History

• SOURCE: Final Rulemaking published at 65 DCR 8528 (August 17, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10002

17 DCMR § 10003 SIGNED AUTHORIZATION

10003.1 The signatories to a collaborative practice agreement shall be a District of Columbia licensed physician involved directly in patient care where patients receive services and a District of Columbia licensed pharmacist involved directly in patient care where patients receive services.

10003.2 The physician may designate alternate physicians, and the pharmacist may designate alternate pharmacists, provided that the alternates are signatories to the agreement, meet the educational, licensure, and training requirements of this Chapter, and are involved directly in patient care where patients receive services. Nothing in this Section shall be construed as prohibiting the practice of telemedicine if it is otherwise permitted by District law.

History

• SOURCE: Final Rulemaking published at 65 DCR 8528 (August 17, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10003

17 DCMR § 10004 INFORMED PATIENT CONSENT AND WITHDRAWAL OF PARTICIPATION

10004.1 Documented informed consent from the patient shall be obtained by the physician who authorizes the patient to participate in the collaborative practice agreement or by the pharmacist who is also a party to the collaborative practice agreement.

10004.2 For purposes of this section, documented informed consent shall mean either written consent signed by a patient, or its electronic equivalent, maintained in a patient’s record.

10004.3 The patient may decline to participate or withdraw from participation at any time.

10004.4 Prior to obtaining a patient’s consent to participate in a collaborative practice agreement, the physician or pharmacist, or both, shall inform a patient:

Of the procedures that will be utilized for drug therapy management under the collaborative practice agreement, and such discussion shall be documented in the patient record;

That the patient may decline to participate or withdraw from participating in the drug therapy management at any time; and

That neither the physician nor the pharmacist has been coerced, given economic incentives, excluding normal reimbursement for services rendered, or involuntarily required to participate.

History

• SOURCE: Final Rulemaking published at 65 DCR 8528 (August 17, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10004

17 DCMR § 10005 TERMINATION OR ALTERATION OF THE COLLABORATIVE PRACTICE AGREEMENT

10005.1 The collaborative practice agreement may be terminated at any time upon written notice by the pharmacist, physician, or the patient. Notice of termination shall be provided to all parties to the collaborative practice agreement and the patient within fourteen (14) days of termination.

10005.2 A physician may override the collaborative practice agreement whenever he or she deems such action necessary or appropriate for a specific patient, and shall notify the pharmacist of the override within twenty-four (24) hours or one (1) business day.

10005.3 If either the physician or the pharmacist who is a party to the collaborative practice agreement has a change of practice location, employer, or ownership, that person shall notify the other party and all of the physician’s or pharmacist’s patients who are participants in the collaborative practice agreement.

History

• SOURCE: Final Rulemaking published at 65 DCR 8528 (August 17, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10005

17 DCMR § 10006 APPROVAL OF PROTOCOLS OUTSIDE THE STANDARD OF CARE

10006.1 If a physician and a pharmacist intend to manage or treat a condition or disease state for which there is not a protocol that is generally accepted as the clinical standard of care, the physician and pharmacist shall apply for approval. The Boards shall receive and review the proposed treatment protocol and jointly approve or disapprove.

10006.2 Any procedure outside generally accepted clinical practice shall be approved by the Boards, and any changes to a protocol for procedures outside the generally accepted clinical practice shall be approved by the Boards before they are implemented.

10006.3 Application and approval are not needed for treatment of conditions for which there is a generally accepted clinical standard of care, but for which the physician wants to increase the monitoring and oversight of the condition over what the protocol recommends.

10006.4 In order to apply for approval of a protocol outside the generally accepted clinical standard of care, the physician and the pharmacist shall jointly submit:

An application on the required form and the required fee;

A copy of the proposed protocol; and

Supporting documentation that the protocol is safe and effective for the particular condition or disease state for which the physician and the pharmacist intend to manage or treat through a collaborative practice agreement.

10006.5 To apply for approval to make changes to an approved protocol outside of the generally accepted clinical standard of care, the physician and the pharmacist shall jointly submit:

An application on the required form and the required fee;

A copy of the proposed changes to the protocol; and

Supporting documentation that the change(s) to the protocol is safe and effective for the particular condition or disease state for which the physician and the pharmacist intend to manage or treat through a collaborative practice agreement.

History

• SOURCE: Final Rulemaking published at 65 DCR 8528 (August 17, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10006

17 DCMR § 10007 RECORDKEEPING

10007.1 Signatories to a collaborative practice agreement shall keep a copy of the agreement on file at their primary places of practice.

10007.2 The referral of a patient from the physician authorizing the implementation of drug therapy management pursuant to the collaborative practice agreement shall be noted in the patient's medical record and kept on file by the pharmacist.

10007.3 The patient's documented informed consent shall be retained by the parties to the collaborative practice agreement.

10007.4 A copy of the collaborative practice agreement, any amendments to the agreement, and the subsequent termination of any such agreement, if applicable, shall be available as follows:

At the practice site of any physician who is a party to the collaborative practice agreement;

(b) At the practice site of any pharmacist who is a party to the collaborative practice agreement;

(c) At the institution or facility where a collaborative practice agreement is in place;

To any patient who is being managed under the collaborative practice agreement, upon request; and

(e) Upon request, to representatives of the Boards of Pharmacy and Medicine.

10007.5 Documentation of activities performed under a collaborative practice agreement or the physician's specific instructions shall be maintained in such a manner that it is accessible to the:

Physician;

Pharmacist; and

(c) The Boards of Pharmacy and Medicine upon request.

10007.6 Documentation may be maintained in written or electronic form.

10007.7 A pharmacist or physician who is a party to the collaborative practice agreement shall have access to the records of the patient who is the recipient of the management of drug therapy.

10007.8 A patient's records related to the management of drug therapy under a collaborative practice agreement may be maintained in a computerized recordkeeping system which meets all requirements for Federal and State certified electronic health care records.

10007.9 The handling of all patient records by the pharmacist providing the management of drug therapy must comply with the Health Insurance Portability and Accountability Act of 1996 (Pub.L. 104-191, 110 Stat. 1936).

10007.10 The Boards may conduct random audits to ensure compliance with the provisions of the Act and this chapter.

History

• SOURCE: Final Rulemaking published at 65 DCR 8528 (August 17, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10007

17 DCMR § 10008 DISAPPROVAL AND REVOCATION OF COLLABORATIVE PRACTICE AGREEMENTS

10008.1 The Board of Pharmacy and the Board of Medicine may disapprove or revoke a collaborative practice agreement if the Boards find:

Inadequate training, experience, or education of the physician(s) or pharmacist(s) to implement the protocol or protocols specified in the physician-pharmacist agreement;

The collaborative practice agreement fails to comply with the requirements of this chapter or the Act;

The collaborative practice agreement is intended to manage or treat a condition or disease state for which there is not a protocol that is generally accepted as the clinical standard of care, or which is not approved by the Boards; or

Either party to the agreement has been formally disciplined by any health professional licensing board in any jurisdiction, or is otherwise no longer licensed in good standing in the District of Columbia.

History

• SOURCE: Final Rulemaking published at 65 DCR 8528 (August 17, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10008

17 DCMR § 10009 DEFINITIONS

10099.1 As used in this chapter, the following terms have the meanings ascribed:

Act - the Collaborative Care Expansion Amendment Act of 2012, effective October 22, 2012 (D.C. Law 19-0185; 60 DCR 7591 (May 31, 2013)).

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

Institutional facility- means any organization whose primary purpose is to provide a physical environment for patients to obtain health care services, including a(n):

(1) Hospital;

(2) Convalescent home;

(3) Nursing home;

(4) Extended care facility;

(5) Mental health facility;

(6) Rehabilitation center;

(7) Psychiatric center;

(8) Developmental disability center;

(9) Substance use disorder treatment center;

(10) Family planning clinic;

(11) Correctional institution;

(12) Hospice;

(13) Public health facility.

Institutional facility practice protocol – means a written plan, policy, procedure, or agreement that authorizes drug therapy management between pharmacists and physicians within an institutional facility setting as developed and determined by the institutional facility’s P and T Committee, the institutional facility’s medical staff executive committee, or the institutional facility’s medical director.

Physician- a person holding a degree in medicine (MD) or osteopathy (DO).

Standard of Care- the course of action that other prudent and well-trained health professionals in the same field of practice would customarily take under the same or similar circumstances.

History

• SOURCE: Final Rulemaking published at 65 DCR 8528 (August 17, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10099

17 DCMR § 10099 DEFINITIONS

10099.1 As used in this chapter, the following terms have the meanings ascribed:

Act - the Collaborative Care Expansion Amendment Act of 2012, effective October 22, 2012 (D.C. Law 19-0185; 60 DCR 7591 (May 31, 2013)).

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

Institutional facility- means any organization whose primary purpose is to provide a physical environment for patients to obtain health care services, including a(n):

(1) Hospital;

(2) Convalescent home;

(3) Nursing home;

(4) Extended care facility;

(5) Mental health facility;

(6) Rehabilitation center;

(7) Psychiatric center;

(8) Developmental disability center;

(9) Substance use disorder treatment center;

(10) Family planning clinic;

(11) Correctional institution;

(12) Hospice;

(13) Public health facility.

Institutional facility practice protocol – means a written plan, policy, procedure, or agreement that authorizes drug therapy management between pharmacists and physicians within an institutional facility setting as developed and determined by the institutional facility’s P and T Committee, the institutional facility’s medical staff executive committee, or the institutional facility’s medical director.

Physician- a person holding a degree in medicine (MD) or osteopathy (DO).

Standard of Care- the course of action that other prudent and well-trained health professionals in the same field of practice would customarily take under the same or similar circumstances.

History

• SOURCE: Final Rulemaking published at 65 DCR 8528 (August 17, 2018). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10099

17-101 AUDIOLOGY ASSISTANTS

17 DCMR § 10100 GENERAL PROVISIONS

10100.1 This chapter shall apply to applicants for and holders of a registration to practice as an audiology assistant.

10100.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 78 (Audiology) of this title shall supplement this chapter.

10100.3 No person may practice as an audiology assistant (also known as “audiology assisting”) without a registration issued pursuant to this chapter.

10100.4 Notwithstanding § 10100.3, during a period of twelve (12) months from the effective date of this chapter, a person who is practicing as an audiology assistant (also known as “audiology assisting”) on the effective date of this chapter and continue to practice without a registration shall not be deemed to be in violation of § 10100.3.

History

• SOURCE: Final Rulemaking published at 64 DCR 8271 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10100

17 DCMR § 10101 TERM OF REGISTRATION

10101.1 Subject to § 10101.2, a registration issued pursuant to this chapter shall expire at 12:00 Midnight of December 31 of each even-numbered year.

10101.2 Pursuant to § 4006.3, the Director may change the renewal system and the expiration dates of registrations issued pursuant to this chapter.

History

• SOURCE: Final Rulemaking published at 64 DCR 8271 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10101

17 DCMR § 10102 EDUCATIONAL REQUIREMENT

10102.1 Except as otherwise provided in this chapter, to qualify for a registration to practice as an audiology assistant, an applicant shall have completed one of the following educational levels in audiology assisting, hearing sciences and disorders, communication sciences and disorders, or equivalent as determined by the Board:

(a) Two (2) years of accredited college education, with a minimum of forty-eight (48) semester hours or seventy-two (72) quarter hours;

(b) An associate’s degree from an accredited college; or

(c) A technical school certification program.

History

• SOURCE: Final Rulemaking published at 64 DCR 8271 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10102

17 DCMR § 10103 WAIVER OF EDUCATIONAL REQUIREMENT

10103.1 The Board may waive the educational requirement of § 10102.1 for an applicant who:

(a) Provides proof that he or she was employed as an audiology assistant under the direct supervision of an audiologist for a minimum of fifteen (15) hours per week during three (3) of the five (5) years before February 5, 2014; and

(b) Applies for registration no later than twelve (12) months from the effective date of this section.

History

• SOURCE: Final Rulemaking published at 64 DCR 8271 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10103

17 DCMR § 10104 REGISTRATION BY ENDORSEMENT

10104.1 An applicant may be eligible for registration by endorsement if:

(a) The applicant is currently licensed or registered in good standing as an audiology assistant under the laws of a state or territory of the United States pursuant to the requirements determined by the Board to be substantially equivalent to the requirements of § 10102.1; or

(b) The applicant is currently licensed or registered in good standing as an audiology assistant in another state or territory of the United States and has practiced in the state or territory for a minimum of two (2) years.

History

• SOURCE: Final Rulemaking published at 64 DCR 8271 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10104

17 DCMR § 10105 SCOPE OF PRACTICE

10105.1 No person may practice as an audiology assistant unless he or she is duly registered pursuant to this chapter and performs the duties of the profession under the supervision of a licensed audiologist meeting the requirements of § 10105.2.

10105.2 An audiologist licensed under this title may qualify to supervise an audiology assistant only if he or she meets the following requirements:

(a) Possessing current and valid license to practice audiology in the District of Columbia;

(b) Having practiced audiology in the District or any other jurisdiction of the United States for at least two (2) years; and

(c) Not having been subject of a formal or public disciplinary action by the Board or any other jurisdiction within the United States within the previous two (2) years.

10105.3 An audiology assistant may assist an audiologist with audiological evaluation and in treatment programs.

10105.4 An audiology assistant may not perform any of the following actions or functions:

(a) Independently performing or administering hearing diagnostic tests;

(b) Determining case selection or evaluation protocols;

(c) Interpreting observations or data into diagnostic statements of clinical management strategies or procedures;

(d) Participating in team or case conferences or on any interdisciplinary team, without the presence of the supervising audiologist or an audiologist designated by the supervising audiologist;

(e) Writing, developing, or modifying a patient's individualized treatment plan;

(f) Assisting with patients without following the treatment plan prepared by the audiologist or without proper supervision;

(g) Composing or signing any formal documents (e.g., treatment plans, reimbursement forms, or reports);

(h) Transmitting or disclosing clinical information, either orally or in writing, to anyone, including the patient, without the approval of the supervising audiologist;

(i) Selecting patients for treatment services or discharging patients from treatment services;

(j) Counseling or consulting with the patient, family, or others regarding the patient status or service or making referrals for additional services; or

(k) Referring to him/ or herself either orally or in writing with a title other than one determined by the supervising audiologist.

10105.5 An audiology assistant may not practice when a supervisor cannot be reached by personal contact, phone, pager, or other immediate means.

10105.6 An audiology assistant shall cease practice immediately if there is no audiologist providing supervision.

History

• SOURCE: Final Rulemaking published at 64 DCR 8271 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10105

17 DCMR § 10106 SUPERVISION OF AUDIOLOGY ASSISTANT

10106.1 The supervisor shall retain full professional and ethical responsibility for the professional conduct and performance of the audiology assistant and shall delegate duties only as commensurate with the training, experience, and ability of the audiology assistant and within the scope of lawful practice pursuant to this chapter.

10106.2 The supervisor shall be immediately available on the premises to the supervisee and within vocal communication of the supervisee either directly or by a communication device. The supervisor shall personally diagnose the condition to be treated, personally authorize procedures, and personally evaluate the performance of the audiologist assistant before dismissal of the patient.

10106.3 The supervisor shall verify that an audiology assistant holds a current, valid registration prior to the commencement of the audiology assistant’s practice.

10106.4 The supervisor shall ensure that the audiology assistant under his or her supervision understands and adheres to the professional code of ethics applicable to the supervisor him- or herself.

History

• SOURCE: Final Rulemaking published at 64 DCR 8271 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10106

17 DCMR § 10107 STANDARDS OF CONDUCT FOR AUDIOLOGY ASSISTANTS

10107.1 An audiology assistant shall adhere to the standards set forth in either the current Code of Ethics of the American Speech-Language-Hearing Association or the current Code of Ethics for the American Academy of Audiology as applicable to the supervising audiologist.

10107.2 An audiology assistant shall clearly identify himself or herself to patients or clients as an audiology assistant at all times and shall not act or communicate in any manner that may give the impression that the audiology assistant is authorized to practice independently or as an audiologist or speech-language pathologist in any way.

10107.3 An audiology assistant shall perform only those functions of the profession that are within his or her scope of competence, training, and experience.

History

• SOURCE: Final Rulemaking published at 64 DCR 8271 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10107

17 DCMR § 10108 CONTINUING EDUCATION REQUIREMENTS

10108.1 This section shall apply to applicants for renewal, reactivation, or reinstatement of a registration and shall not apply to applicants for an initial registration or applicants seeking renewal of a registration for the first time after the initial grant of the registration.

10108.2 To be eligible for the renewal of a registration, an applicant shall have completed, during the two (2)-year period preceding the date the registration expires, ten (10) hours of approved continuing education, which shall include the following:

(a) One (1) hour of ethics;

(b) Two (2) hours of LGBTQ continuing education; and

(c) Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

10108.3 To be eligible for the reinstatement of a registration issued pursuant to this chapter, an applicant shall have completed ten (10) hours of continuing education described in § 10108.2 during the two (2) years preceding the submission of the reinstatement application.

10108.4 To qualify for the reactivation of a registration in accordance with Section 511(c) of the Act (D.C. Official Code § 3-1205.11(c)), the following applicants shall be deemed to meet the requirement of Section 511(c)(2):

(a) An applicant who has been actively and lawfully practicing audiology assisting in another jurisdiction or territory of the United States;

(b) An applicant who has not been actively and lawfully practicing audiology assisting in another jurisdiction or territory of the United States, seeks the reactivation of the registration five (5) years or less after the last expiration of the registration, and has completed ten (10) hours of continuing education described in § 10108.2 during the two (2) years preceding the submission of the reactivation application; or

(c) An applicant who has not been actively and lawfully practicing audiology assisting in another jurisdiction or territory of the United States and seeks the reactivation of the registration more than five (5) years after the last expiration of the registration who can demonstrate his or her current competency to the Board’s satisfaction.

10108.5 The Board may conduct a random audit of at least ten percent (10%) of its active registrants to determine continuing education compliance. Any registrant selected for the audit shall submit proof of his or her continuing education compliance to the Board within thirty (30) days of receiving notification of the audit.

History

• SOURCE: Final Rulemaking published at 64 DCR 8271 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 10215 (August 9, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10108

17 DCMR § 10109 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

10109.1 A continuing education hour shall be valid and granted credit only if it is part of a program or activity approved by the Board as a program or activity that contributes to the growth of professional competence in the practice of audiology assisting, is current in its subject matter, and is developed and taught or conducted by qualified individuals.

10109.2 Subject to § 10109.1, the Board may grant continuing education credit for programs or activities offered or sponsored by the following organizations:

(a) The Speech-Language Hearing Association of the District of Columbia or similar speech-language hearing association of another state;

(b) The American Academy of Audiology;

(c) The American Speech-Language Hearing Association (ASHA) and its approved continuing education providers;

(d) An accredited provider of The Accreditation Council on Continuing Medical Education of the American Medical Association offering Category I continuing medical education;

(e) The International Association of Continuing Education and Training (IACET) and its authorized providers;

(f) A health care organization accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO); or

(g) The International Hearing Society.

10109.3 Subject to § 10109.1, the Board may grant continuing education credit for the following activities:

(a) Attendance and completion of:

(1) A course given at an accredited college or university;

(2) A seminar or workshop;

(3) An educational program given at a conference; or

(4) An in-service training;

(b) Serving as a presenter or speaker at a conference, seminar, workshop, or in- service training; or

(c) Publishing an article related to audiology or speech-language pathology in a professional journal or authoring or co-authoring a book, a chapter in a book or a book review related to audiology or speech-language pathology.

10109.4 The Board shall not grant credit for work done in the course of a requestor’s normal occupation or incident to the performance of his or her regular duties, such as teaching courses, research, or course preparation in the case of a teacher or professor.

10109.5 A person seeking continuing education credits shall have the burden of verifying whether a program or activity is approved by the Board.

10109.6 Satisfactory proof of completion of a seminar, a workshop, or an educational program given at a conference or an in-service training shall include:

(a) The name and address of the provider of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the course provider or accreditor of completion, by signature, stamp, or official transcript in the case of accreditors.

History

• SOURCE: Final Rulemaking published at 64 DCR 8271 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10109

17 DCMR § 10110 CONTINUING EDUCATION CREDITS

10110.1 For the purposes of this chapter, one (1) credit hour shall mean sixty (60) minutes of learning time.

10110.2 The Board may grant ten (10) continuing education hours for completion of each credit hour of an academic course offered at an accredited college or university provided that the continuing education credit may only be granted for courses completed during the registration cycle for which the credit is claimed.

10110.3 The Board may grant two (2) continuing education hours for the audit of a three (3)-credit-hour academic course offered at an accredited college or university provided that the continuing education credit may only be granted for courses audited during the registration cycle for which the credit is claimed.

10110.4 A requestor may receive a maximum of five (5) continuing education hours for attendance and completion of in-service training programs.

10110.5 The Board may grant credit for serving as a presenter or speaker at a conference, seminar, workshop, or in-service training, subject to the following restrictions:

Hours granted pursuant to this section shall not exceed three (3) per registration cycle;

If a person has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject;

The presentation shall have been completed during the registration cycle for which credit is claimed; and

The maximum amount of credit which may be granted for preparation time is twice the amount of the associated presentation time or twice the amount of contact hours awarded to the participants.

10110.6 The Board may grant credit to an applicant for publication of an article in a professional journal or publication of a book or a chapter in a book or publication of a book review in a professional journal related to audiology or speech-language pathology, subject to the following restriction as relevant:

The Board may grant eight (8) hours of continuing education credit per registration cycle, if the book has been published or accepted for publication during the period for which credit is claimed;

The Board may grant four (4) hours of continuing education per registration cycle to the sole author or co-author of a peer-reviewed, published original paper; or

The Board may grant one (1) continuing education hour of credit per registration cycle to the sole author of a published book review.

History

• SOURCE: Final Rulemaking published at 64 DCR 8271 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10110

17 DCMR § 10199 DEFINITIONS

10199.1 As used in this chapter, the following terms shall have the meanings ascribed:

Approved continuing education – A continuing education program or activity that meets the requirements of § 10109.

Board – The Board of Audiology and Speech-Language Pathology, established by Section 841 of the Audiology and Speech-Language Pathology Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-219; D.C. Official Code § 3-1208.41 (2016 Repl.)).

Direct supervision – Supervision in which the supervisor is immediately available on the premises to the supervisee and within vocal communication of the supervisee either directly or by a communication device and the supervisor personally diagnoses the condition to be treated, personally authorizes procedures, and personally evaluates the performance of the audiologist assistant before dismissal of the patient.

Director – The Director of the Department of Health, or the Director’s designee.

LGBTQ continuing education – continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

Registration Cycle – A period of two years between January 1 of each odd-numbered year, when a registration issued pursuant to this chapter begins to be effective, to December 31 of each even numbered year, when a registration issued pursuant to this chapter expires.

Reinstatement – The reinstatement of a registration in accordance with Section 512 of the Act (D.C. Official Code § 3-1205.12).

Supervisor – An audiologist who is qualified under § 10105.2 and is supervising an audiology assistant.

10199.2 The definitions in § 4099 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 64 DCR 8271 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 10215 (August 9, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10199

17-102 SPEECH-LANGUAGE PATHOLOGY ASSISTANTS

17 DCMR § 10200 GENERAL PROVISIONS

10200.1 This chapter applies to applicants for and holders of a registration to practice as a speech-language pathology assistant.

10200.2 Chapter 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 79 (Speech-Language Pathology) of this title supplements this chapter.

10200.3 No person shall practice speech-language pathology assisting or as a speech-language pathology assistant without a registration issued pursuant to this chapter.

10200.4 Notwithstanding § 10200.3, during a period of twelve (12) months from the effective date of this chapter, a person who is practicing speech-language pathology assisting or as a speech-pathology assistant on the effective date of this chapter and continue to practice without a registration shall not be deemed to be in violation of § 10200.3.

History

• SOURCE: Final Rulemaking published at 64 DCR 8280 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10200

17 DCMR § 10201 TERM OF REGISTRATION

10201.1 Subject to § 10201.2, a registration issued pursuant to this chapter shall expire at 12:00 Midnight of December 31st of each even-numbered year.

10201.2 The Director may change the renewal system and the expiration dates of registrations issued pursuant to this chapter pursuant to § 4006.3 of this title.

History

• SOURCE: Final Rulemaking published at 64 DCR 8280 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10201

17 DCMR § 10202 EDUCATIONAL REQUIREMENT

10202.1 Except as otherwise provided in this chapter, to qualify for a registration to practice as a speech-language pathology assistant, an applicant shall have graduated from an accredited college or university with at least an associate’s degree from a technical training program in speech-language pathology assisting or a bachelor’s degree in speech-language pathology.

History

• SOURCE: Final Rulemaking published at 64 DCR 8280 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10202

17 DCMR § 10203 WAIVER OF EDUCATIONAL REQUIREMENT

10203.1 The Board may waive the educational requirement of § 10202.1 for an applicant who:

(a) Provides proof that he or she was employed as a speech-language pathology assistant practicing under the supervision of a speech-language pathologist for a minimum of fifteen (15 ) hours per week during three (3) of the five (5) years preceding before February 5, 2014; and

(b) Applies for registration within twelve (12) months from the effective date of this provision.

History

• SOURCE: Final Rulemaking published at 64 DCR 8280 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10203

17 DCMR § 10204 REGISTRATION BY ENDORSEMENT

10204.1 An applicant for registration by endorsement may qualify for registration by endorsement if the applicant is licensed, registered, certified, or accredited by an accrediting association or a state board and recognized by the Board as a qualified professional according to standards that were the substantial equivalent of the requirements of § 10202, at the time of the licensing, registration, certification, or accreditation.

History

• SOURCE: Final Rulemaking published at 64 DCR 8280 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10204

17 DCMR § 10205 SCOPE OF PRACTICE

10205.1 No person may practice as a speech-language pathology assistant unless registered in accordance with the requirements of this chapter.

10205.2 A speech-language pathology assistant may only practice under the supervision of a licensed speech-language pathologist who meets the requirements of § 10207.2 of this title.

10205.3 A speech-language pathology assistant may assist a speech-language pathologist in providing speech-language pathology services and treatments, which may include the following duties:

Participating in parent conferences, case conferences, or any interdisciplinary team;

Signing or initialing informal treatment notes to be reviewed and co-signed by the supervising speech-language pathologist;

Using a checklist or tabulating results of feeding or swallowing evaluations; or

Treating medically fragile students, patients, or clients.

10205.4 A speech-language pathology assistant shall not engage in any of the following conducts:

(a) Representing himself or herself as a speech-language pathologist;

(b) Performing standardized or non-standardized diagnostic tests, formal or informal evaluations, or swallowing screenings/checklists;

(c) Performing procedures that require a high level of clinical acumen and technical skills, including but not limited to vocal tract prosthesis shaping or fitting, vocal tract imaging, and oral pharyngeal swallow therapy with bolus material;

(d) Interpreting clinical results or observations;

(e) Participating in formal parent conferences, case conferences, or any interdisciplinary team without the presence of the supervising speech-language pathologist or other designated supervising speech-language pathologist;

(f) Providing interpretative information to the student/patient/client, family, or others regarding the patient/client status or service;

(g) Writing, developing, or modifying a student's, patient's, or client's treatment plan in any way;

(h) Assisting with students, patients, or clients without following the individualized treatment plan prepared by the certified speech-language pathologist or without access to supervision;

(i) Signing any formal documents (e.g., treatment plans, reimbursement forms, or reports; the speech-language assistant may sign or initial informal treatment notes for review and co-sign with the supervising speech-language pathologist as requested);

(j) Selecting students, patients, or clients for service;

(k) Discharging a student, patient, or client from services;

(l) Making referrals for additional service;

(m) Disclosing clinical or confidential information either orally or in writing to anyone other than the supervising speech-language pathologist unless mandated by law;

(n) Developing or determining the swallowing strategies or precautions for patients, family, or staff;

(o) Treating medically fragile students/patients/clients independently;

(p) Designing or selecting augmentative and alternative communication systems or devices; or

(q) Invoicing a payor directly for his or her services.

10205.5 A speech-language pathology assistant shall meet with the supervising speech-language pathologist at least once per month to discuss his or her practice and services.

10205.6 A speech-language pathology assistant shall cease practice immediately if there is no speech-language pathologist providing current and active supervision.

.

History

• SOURCE: Final Rulemaking published at 64 DCR 8280 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10205

17 DCMR § 10206 STANDARDS OF CONDUCT

10206.1 A speech-language pathology assistant shall adhere to the standards set forth in the most current publication of the “Code of Ethics” as published by the American Speech-Language-Hearing Association, as it may be republished from time to time.

10206.2 A speech-language pathology assistant shall clearly identify himself or herself to patients or clients as a speech-language pathology assistant practicing under the supervision of the supervising speech-language pathologist at all times.

10206.3 A speech-language pathology assistant shall display his or her current registration in a conspicuous place in the office in which he or she is employed.

10206.4 A speech-language pathology assistant shall perform only those functions of the profession that are within his or her scope of competence, training, and experience.

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History

• SOURCE: Final Rulemaking published at 64 DCR 8280 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10206

17 DCMR § 10207 SUPERVISION OF SPEECH-LANGUAGE PATHOLOGY ASSISTANTS

10207.1 The speech-language pathologist supervising a speech-language pathology assistant shall retain full professional and ethical responsibility for the professional conduct and performance of the speech-language pathology assistant and shall delegate duties only as consistent with the training, experience, and ability of the speech-language pathology assistant.

10207.2 A speech-language pathologist supervising a speech-language pathology assistant shall meet the following requirements:

(a) Possess a current and valid license to practice speech-language pathology in the District of Columbia;

(b) Has practiced speech-language pathology in the District or any other jurisdiction of the United States for at least two (2) years; and

(c) Has not been the subject of a formal or public disciplinary action by the Board or any other jurisdiction within the United States within the previous two (2) years.

10207.3 The supervising speech-language pathologist shall provide direct supervision, which shall include:

(a) Assuming responsibility for the supervisee’s conduct in the speech-language pathology office or treatment facility;

(b) Personally diagnosing the condition to be treated;

(c) Remaining in the speech-language pathology office or treatment facility while the procedures are being performed by the supervisee; and

(d) Personally evaluates the performance of the supervisee before dismissal of the patient.

10207.4 The direct supervision described in § 10207.3 may include the supervisor viewing and communicating with the supervisee via telecommunication technology as the supervisee performs clinical services provided that the supervisor can directly observe and give ongoing, immediate feedback.

10207.5 A supervising speech-language pathologist may supervise no more than the equivalent of two (2) full-time speech-language pathology assistants at any given time.

10207.6 A speech-language pathologist may not supervise more than a total of four (4) individuals, inclusive of speech-language pathology assistant(s), speech-language pathology clinical fellow(s), and speech-language pathology student(s), at any given time regardless of the total number of work hours performed by the supervisees.

10207.7 The supervising speech-language pathologist shall be responsible for designing and implementing a supervisory plan that ensures the highest standard of quality care can be maintained for patients and clients.

10207.8 The supervising speech-language pathologist shall provide supervision consistent with the speech-language pathology assistant’s known and documented ability, training, education, and experience; the needs of the patients and clients; the service setting; the tasks assigned; and requirements set forth in this chapter.

10207.9 The supervising speech-language pathologist shall co-sign all documents and therapy notes prepared by the speech-language pathology assistant.

10207.10 A supervising speech-language pathologist who will not be able to supervise a speech-language pathology assistant for more than one (1) week shall:

(a) Inform the speech-language pathology assistant of the planned absence; and

(b) Make other arrangements for the speech-language pathology assistant's supervision of services while the speech-language pathologist is unavailable; or

(c) Inform the patients or clients that services will be rescheduled.

10207.11 A supervising speech-language pathologist shall maintain ongoing written documentation of a systematic method of supervision of speech-language pathology assistants.

10207.12 The supervising speech-language pathologist shall maintain the record of all supervision and supervisory details provided to the speech-language pathology assistant continuously throughout the supervisory relationship. After the termination of the supervisory relationship, all supervision-related records shall be maintained and preserved for a minimum of three (3) years after the last adult patient or client is seen, served, or treated or all minor patients or clients have reached the age of majority, whichever is later.

.

History

• SOURCE: Final Rulemaking published at 64 DCR 8280 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10207

17 DCMR § 10208 CONTINUING EDUCATION REQUIREMENTS

10208.1 This section shall apply to applicants for renewal, reinstatement, or reactivation of a registration and shall not apply to applicants for an initial registration or applicants seeking the renewal of a registration for the first time after the initial grant of the registration.

10208.2 To be eligible for the renewal of a registration, an applicant shall have completed, during the two (2)-year period preceding the date the registration expires, ten (10) hours of approved continuing education, which shall include the following:

(a) One (1) hour of ethics;

(b) Two (2) hours of LGBTQ continuing education; and

(c) Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

10208.3 To qualify for the reinstatement of a registration, an applicant shall have completed ten (10) hours of continuing education described in § 10208.2 during the two (2) years preceding the submission of the reinstatement application.

10208.4 To qualify for the reactivation of a registration in accordance with D.C. Official Code § 3-1205.11(c), the following applicant shall be deemed to meet the requirement of D.C. Official Code § 3-1205.11(c)(2):

(a) An applicant who has been actively and lawfully practicing speech-language pathology assisting in another jurisdiction or territory of the United States;

(b) An applicant who has not been actively and lawfully practicing speech-language pathology assisting in another jurisdiction or territory of the United States, seeks the reactivation of the registration five (5) years or less after the last expiration of the registration, and has completed ten (10) hours of continuing education described in § 10208.2 during the two (2) years preceding the submission of the reactivation application; or

(c) An applicant who has not been actively and lawfully practicing speech-language pathology assisting in another jurisdiction or territory of the United States and seeks the reactivation of the registration more than five (5) years after the last expiration of the registration who can demonstrate his or her current competency to the Board’s satisfaction.

10208.5 The Board may conduct a random audit of at least ten percent (10%) of its active registrants to determine continuing education compliance. Any registrant selected for the audit shall provide proof of his or her continuing education compliance to the Board within thirty (30) days of receiving notification of the audit.

.

History

• SOURCE: Final Rulemaking published at 64 DCR 8280 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 7664 (June 28, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10208

17 DCMR § 10209 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

10209.1 A continuing education hour shall be valid and granted credit only if it is part of a program or activity approved by the Board as a program or activity that contributes to the growth of professional competence in the practice of speech-language pathology or speech-language pathology assisting, is current in its subject matter, and is developed and taught or conducted by qualified individuals.

10209.2 Subject to § 10209.1, the Board may grant continuing education credit for programs or activities offered or sponsored by the following organizations:

(a) The Speech-Language Hearing Association of the District of Columbia or similar speech-language hearing association of another state;

(b) The American Academy of Audiology;

(c) The American Speech-Language Hearing Association (ASHA) and its approved continuing education providers;

(d) An accredited provider of The Accreditation Council on Continuing Medical Education of the American Medical Association offering Category I continuing medical education;

(e) The International Association of Continuing Education and Training (IACET) and its authorized providers;

(f) A health care organization accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO); or

(g) The International Hearing Society.

10209.3 Subject to § 10209.1, the Board may grant continuing education credit for the following activities:

(a) Attendance and completion of:

(1) A course given at an accredited college or university;

(2) A seminar or workshop;

(3) An educational program given at a conference; or

(4) An in-service training;

(b) Serving as a presenter or speaker at a conference, seminar, workshop, or in- service training; or

(c) Publishing an article related to audiology or speech-language pathology in a professional journal or authoring or co-authoring a book, a chapter in a book or a book review related to audiology or speech-language pathology.

10209.4 The Board shall not grant credit for work done in the course of a requestor’s normal occupation or incident to the performance of his or her regular duties, such as teaching courses, research, or course preparation in the case of a teacher or professor.

10209.5 A person seeking continuing education credits shall have the burden of verifying whether a program or activity is approved by the Board.

10209.6 Satisfactory proof of completion of a seminar, a workshop, or an educational program given at a conference or an in-service training shall include:

(a) The name and address of the provider of the program;

(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

(c) The dates on which the applicant attended the program;

(d) The hours of credit claimed; and

(e) Verification by the course provider or accreditor of completion of the course, by signature, stamp, or official transcript in the case of accreditors.

History

• SOURCE: Final Rulemaking published at 64 DCR 8280 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10209

17 DCMR § 10210 CONTINUING EDUCATION CREDITS

10210.1 For the purposes of this chapter, one (1) credit hour shall mean sixty (60) minutes of learning time.

10210.2 The Board may grant ten (10) continuing education hours for completion of each credit hour of an academic course offered at an accredited college or university provided that the continuing education credit may only be granted for courses completed during a particular licensure cycle.

10210.3 The Board may grant two (2) continuing education hours for the audit of a three (3)-credit-hour academic course offered at an accredited college or university.

10210.4 A requestor may receive a maximum of six (6) continuing education hours for attendance and completion of in-service training programs.

10210.5 The Board may grant credit for serving as a presenter or speaker at a conference, seminar, workshop, or in- service training, subject to the following restrictions:

(a) Hours granted pursuant to this section shall not exceed six (6) hours per licensure cycle;

(b) If a requestor has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject;

(c) The presentation was completed during the licensure cycle for which credit is claimed; and

(d) The maximum amount of credit which may be granted for preparation time is twice the amount of the associated presentation time or twice the amount of contact hours awarded to the participants.

10210.6 The Board may grant credit for publication of an article related to audiology or speech-language pathology in a professional journal or publication of a book, a chapter in a book or a book review related to audiology or speech-language pathology, subject to the following restrictions as relevant:

(a) The Board may grant up to eight (8) continuing education hours per licensure cycle to the author or sole editor of a published book if the book was published or accepted for publication during the period for which credit is claimed;

(b) The Board may grant four (4) continuing education hours per licensure cycle to the sole author or a co-author of a peer-reviewed, published original paper; or

(c) The Board may grant one (1) continuing education hour per licensure cycle to the sole author of a published book review.

History

• SOURCE: Final Rulemaking published at 64 DCR 8280 (August 18, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10210

17 DCMR § 10299 DEFINITIONS

10299.1 As used in this chapter, the following terms shall have the meanings ascribed:

Approved continuing education – A continuing education program or activity that meets the requirements of § 10209.

Board – the Board of Audiology and Speech-Language Pathology, established by Section 841 of the Audiology and Speech-Language Pathology Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-219; D.C. Official Code § 3-1208.41 (2016 Repl.)).

Director – The Director of the Department of Health, or the Director’s designee.

LGBTQ continuing education – continuing education on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of Section 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

Speech-language pathology assistant – a person duly registered and authorized to practice as a speech-language pathology assistant under this chapter.

Supervisor – A speech-language pathologist who is supervising a speech-language pathology assistant.

Registration Cycle – A period of two (2) years between January 1 of each odd-numbered year, when a registration issued pursuant to this chapter begins to be effective, to December 31 of each even-numbered year, when a registration issued pursuant to this chapter expires.

Reinstatement – The reinstatement of a registration in accordance with D.C. Official Code § 3-1205.12.

10299.2 The definitions in § 4099 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 64 DCR 8280 (August 18, 2017); as amended by Final Rulemaking published at 66 DCR 7664 (June 28, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10299

17-103 PRESCRIPTION DRUG MONITORING PROGRAM

17 DCMR § 10300 GENERAL PROVISIONS

10300.1 The Prescription Drug Monitoring Program (Program) shall employ information technology necessary for dispensers to report the prescription monitoring data set forth in § 10301.4 to the Program.

10300.2 A prescriber or dispenser:

(a) Is not required or obligated to access or use the prescription monitoring data available under the Program; and

(b) When acting in good faith, is not subject to liability or disciplinary action arising solely from:

Requesting or receiving, or failing to request or receive, prescription monitoring data from the Program; or

Acting, or failing to act, on the basis of prescription monitoring data provided by the Program.

10300.3 The Program shall retain prescription monitoring data for at least three (3) years from the date of receipt.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10300

17 DCMR § 10301 PRESCRIPTION MONITORING DATA REPORTING REQUIREMENTS

10301.1 Each dispenser of a covered substance shall submit the prescription monitoring data required in § 10301.4, in the form and manner required by § 10303, to the Program within twenty-four (24) hours after a covered substance is dispensed for each covered substance dispensed. For purposes of complying with this chapter, dispensing shall not include merely placing the covered substance prescription into a bin for pickup by the ultimate user or his or her agent.

10301.2 For purposes of complying with § 10301.1 of this chapter, the Program shall provide dispensers at least ninety (90) days written notice of the date that reporting shall begin.

10301.3 Any dispenser located outside the geographical boundaries of the District that is licensed or registered by the District, shall submit the prescription monitoring data

set forth in § 10301.4 to the Program within twenty-four (24) hours after the covered substance is dispensed to an ultimate user who resides in the District. The submission shall be in the form and manner required under § 10303.

10301.4 Upon dispensing a covered substance, the dispenser of the covered substance shall report the following prescription monitoring data to the Program:

Patient full name;

Patient address;

Patient telephone number;

Patient date of birth;

Patient gender;

(f) Dispenser DEA number, NPI number, or other mutually acceptable identification number;

(g) Dispenser name;

(h) Dispenser address;

(i) Dispenser telephone number;

(j) Prescriber DEA number, NPI number, or other mutually acceptable identification number;

(k) Prescriber’s full name;

(l) Date prescription was issued by prescriber;

(m) Date prescription was dispensed;

(n) Prescription number;

(o) Prescription type is new or is a refill;

(p) Number of refill being dispensed, if applicable;

(q) NDC code for the drug dispensed;

(r) Quantity dispensed;

(s) Days’ supply dispensed;

(t) Number of refills ordered;

(u) Source of payment for the prescription;

(v) Any elements required as a condition of eligibility for a federal grant as outlined in the PDMP Instruction Manual; and

(w) Any other information that may be requested by the Director in furtherance of the Program.

10301.5 The reporting requirements of this chapter shall not apply to the dispensing of covered substances when the dispensing is limited to the following:

(a) Administering covered substances;

(b) Dispensing covered substances within an appropriately licensed narcotic maintenance program, such as a methadone treatment program or substance abuse treatment program;

(c) Dispensing covered substances to inpatients in hospitals or nursing facilities licensed by the Department or facilities that are otherwise authorized by law to operate as hospitals or nursing homes in the District;

or

(d) Dispensing covered substances to inpatients in hospices licensed or certified by the Department.

10301.6 The failure of any person subject to the reporting requirements of this chapter to report the dispensing of a covered substance, unless otherwise exempted under this chapter, or the willful failure to transmit accurate information shall constitute grounds for:

(a) The revocation, suspension, or denial of a District controlled substances registration;

(b) Disciplinary action by the relevant health occupations board pursuant to Section 514(c) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.14(c)); and

(c) The imposition of civil fines pursuant to Section 104 of Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04).

10301.7 Each dispenser shall ensure that information reported to the Prescription Drug Monitoring Program is correct and shall submit corrections when necessary.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10301

17 DCMR § 10302 COVERED SUBSTANCES

10302.1 Covered substances are controlled substances, as defined in this rulemaking, and the following drugs of concern:

All drug products containing Cyclobenzaprine;

All drug products containing Butalbital; and

All drug products containing Gabapentin.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015); as amended by Final Rulemaking published at 66 DCR 6830 (June 7, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10302

17 DCMR § 10303 STANDARDS AND FORMAT FOR REPORTING

10303.1 The required prescription monitoring data subject to reporting pursuant to §§ 10301 and 10302 shall be transmitted electronically to the Program:

Within twenty-four (24) hours of dispensing;

In the format provided in the Electronic Reporting Standard for Prescription Monitoring Programs of the American Society for Automation in Pharmacy (ASAP), Version 4.2 (November 2011) or later; and;

Shall be consecutive and include any covered substances dispensed after the last date and time reporting information was submitted.

10303.2 The Program shall make available a PDMP Instruction Manual that sets forth information about the required file layout format and acceptable media transmission for submitting the required reporting information.

10303.3 Prescription monitoring data subject to reporting pursuant to §§ 10301 and 10302 shall be transmitted to the Program in the required file layout format through the media transmission set forth in the PDMP Instruction Manual. Dispensers shall begin transmitting the required data on the date specified by the Program, which shall be no less than ninety (90) days after receiving notice from the Program.

10303.4 An alternative means of reporting may be approved by the Program based upon a written request for an exception if good cause is shown.

10303.5 Prescription monitoring data that is not accepted by the Program due to errors or omissions shall be corrected by the dispenser and resubmitted to the Program within twenty-four (24) hours after the dispenser receives notice of the errors or omissions.

10303.6 If a dispenser cannot submit the required prescription monitoring data electronic report due to a mechanical, electrical, or other technical failure, the dispenser shall:

Notify the Program within twenty-four (24) hours of discovery of the technical failure;

Describe in detail the specific circumstances preventing the dispenser from submitting the required report and include any available documentation; and

Submit a report for each covered substance dispensed during the period of technical failure as soon as possible, but no later than three (3) business days following reestablishment of the means of electronic reporting.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10303

17 DCMR § 10304 ZERO REPORTING

10304.1 A dispenser that dispenses no covered substances within a twenty-four (24) hour reporting period shall submit a report documenting that zero covered substances were dispensed during that twenty-four (24) hour reporting period.

10304.2 The Program may, upon written attestation that a dispenser possesses no covered substances for dispensing, allow a dispenser to submit a permanent zero report. If at any time the dispenser begins dispensing covered substances, the permanent zero report shall no longer be valid and the dispenser shall start reporting at least every twenty-four (24) hours as required.

10304.3 Dispensers that only dispense covered substances in circumstances not required to be reported, as set forth in § 10301.5, shall file a written attestation with the Program that they are exempt from reporting.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10304

17 DCMR § 10305 CRITERIA FOR GRANTING WAIVERS OF THE REPORTING REQUIREMENTS

10305.1 The Program may grant a temporary waiver of all or some of the reporting requirements to a dispenser who files a request in writing or electronically on a form provided by the Program and who meets the criteria for waiver set forth in § 10305.2.

10305.2 The criteria for a waiver of the reporting requirements shall include a history of compliance with laws and regulations by the dispensers regularly practicing at that location and may include, but is not limited to:

Substantial hardship created by a natural disaster or other emergency beyond the control of the dispenser; or

Dispensing in a controlled research project approved by a regionally accredited institution of higher education or under the supervision of a governmental agency.

10305.3 The Program may grant waivers on a case-by-case basis, which shall be subject to the terms and conditions stated in the waiver, limited to a specified time period, and subject to being vacated.

10305.4 Denial by the Program of a request for a waiver shall be deemed a final Department action.

10305.5 A dispenser whose request for a waiver is denied may seek review of the final Department action in the Superior Court of the District of Columbia within twenty (20) days after receipt of the notice. The review shall be an on the record review of the decision, and not a de novo review.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10305

17 DCMR § 10306 PRESCRIBER AND DISPENSER ACCESS TO PRESCRIPTION MONITORING DATA

10306.1 Prescribers, dispensers, and their delegates shall register with the Program in order to access or otherwise request disclosure of prescription monitoring data.

10306.2 Prescribers, dispensers, and their delegates who have successfully registered with the Program may access or otherwise request information on an existing or new patient for the purpose of:

Establishing a prescription history to make informed treatment or dispensing decisions;

The medical care or treatment of the patient about whom prescription monitoring data is being requested; or

Performing due diligence and exercising professional judgment when presented with a prescription to dispense a covered substance for use by the patient about whom prescription monitoring data is being requested.

10306.3 Upon request from a prescriber, the Director may provide a report containing prescription monitoring data on all covered substances dispensed pursuant to the prescriber's own prescriptions or by the prescriber, provided that the request is submitted on a form or in a manner approved by the Program.

10306.4 As part of the registration process, a prescriber or dispenser shall attest:

That the prescription monitoring data received from the Program shall not be further disclosed by the prescriber or dispenser except as allowed by law; and

That the prescription data shall only be used for the purposes stated in the request and in accordance with the law.

10306.5 The Program shall:

Establish procedures to authenticate that the prescriber or dispenser is licensed in good standing, and eligible to access the prescription monitoring data; and

Authorize a prescriber or dispenser to access or otherwise request disclosure of prescription monitoring data electronically.

10306.6 If the authorization issued to a registrant is compromised in any manner that may allow another individual to access prescription monitoring data for unauthorized purposes, the registrant shall notify the Program within twenty-four (24) hours after discovery.

10306.7 A prescriber or dispenser authorized to access prescription monitoring data may delegate his or her authority to access the data to up to two (2) health care professionals who are:

Licensed, registered, or certified by a health occupations board; and

Employed at the same location and under the direct supervision of the prescriber or dispenser.

10306.8 Each delegate shall submit a separate application for registration, which shall include the individual’s license, registration, or certification number, and a copy of another form of government issued identification.

10306.9 The supervising prescriber or dispenser, and the delegate, shall sign the delegate registration application, attesting that the delegate is an employee of the same facility, under the direct supervision of the requesting prescriber or dispenser, and that any requests made of the Program will be for use by the supervising prescriber or dispenser.

10306.10 A delegate registration shall expire on June 30th of each even-numbered year, or at any time the delegate leaves, if the delegating prescriber or dispenser removes the authorization, or if the individual otherwise becomes ineligible to receive information from the Program, whichever occurs first. The delegating prescriber or dispenser shall notify the Program in writing within twenty-four hours (24) of any change.

10306.11 The delegating prescriber or dispenser is responsible for ensuring that the delegate is knowledgeable of the laws related to confidentiality of Program information, and shall immediately notify the Program of any known unauthorized use of Program information by a delegate.

10306.12 A prescriber or dispenser who delegates his or her authority to request disclosure of or otherwise access prescription monitoring data to a health care professional shall:

Make reasonable efforts, including regularly reviewing and auditing any available logs of system access and use, to ensure the authorized health care professional is requesting disclosure of, redisclosing, or otherwise accessing prescription monitoring data in clear compliance with the law and this chapter, and all other State and federal laws and regulations governing the security and confidentiality of protected health information and personal medical records;

Immediately notify the Program, as well as the licensing entity responsible for licensing, certifying, or registering the authorized health care professional, if the prescriber or dispenser believes that the confidentiality of prescription monitoring data or the security of the Program has been compromised by an authorized health care professional; and

Notify the Program within twenty-four (24) hours of any requested change in the registration status of an authorized health care professional, including if that authorized health care professional is no longer employed by or practicing under the authority of the prescriber or dispenser.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10306

17 DCMR § 10307 MANDATORY DISCLOSURE OF PRESCRIPTION MONITORING INFORMATION FOR LAW ENFORCEMENT AND REGULATORY PURPOSES

10307.1 To request disclosure of prescription monitoring data for law enforcement or regulatory purposes, an individual shall be registered with the Program as an authorized agent entitled to receive reports.

10307.2 A request for registration as an authorized agent shall be accompanied by:

(a) An attestation from the applicant’s employer confirming the identity of the applicant and the applicant’s eligibility to receive the reports; and

(b) An attestation from the applicant that the prescription data will not be further disclosed and will be used only for the purposes stated in the request and in accordance with the law.

10307.3 A registration as an authorized agent shall expire on June 30th of each even-numbered year or at any time the agent leaves, or otherwise becomes ineligible to receive information from the Program.

10307.4 An authorized agent shall only request disclosure of information related to a specific criminal investigation or as authorized under § 10307.5. Requests shall be made in a format designated by the Program and shall contain:

An agency case number or other identifier sufficient to identify an existing bona fide individual investigation;

A specified time period to be covered in the report;

The specific patient, prescriber, or dispenser for whom the report is to be made; and

The name, title, and original signature of the official under whose authority the request is made.

10307.5 After receiving a request for access or information in accordance with this section, the Program shall disclose to the requestor information relevant to:

(a) A specific investigation of a specific patient, dispenser, or prescriber to an agent designated by the Chief of the Metropolitan Police Department to conduct drug diversion investigations;

(b) An investigation or inspection of or allegation of misconduct by a specific person licensed, certified, or registered by or an applicant for licensure, certification, or registration by a health occupations board or the Department;

(c) A disciplinary proceeding before a health occupations board or in any subsequent hearing, trial, or appeal of an action or board order to designated employees of the Department;

(d) The proceedings of any grand jury or additional grand jury that has been properly impaneled; or

(e) A specific investigation of a specific dispenser or prescriber to an agent of the United States Drug Enforcement Administration with authority to conduct drug diversion investigations.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10307

17 DCMR § 10308 DISCRETIONARY DISCLOSURE OF INFORMATION

10308.1 The Director may, at the Director’s discretion, disclose prescription monitoring data in the Program’s possession as permitted by the Act to certain persons, provided the request is made in the format designated in § 10303 and the PDMP Instruction Manual and meets the requirements of this chapter.

10308.2 The Director may disclose personal dispensing information concerning a patient who is over the age of eighteen (18) years to that patient, provided the request is accompanied by a copy of a valid photo identification issued by a government agency of any jurisdiction in the United States verifying that the recipient is over the age of eighteen (18) and includes a notarized signature of the requesting party. If the patient is under the age of eighteen (18), the information may be disclosed to the parent or legal guardian of the patient, provided the disclosure is not otherwise prohibited by District or federal law.

10308.3 The Director may disclose information relevant to an investigation or regulatory proceeding of a specific dispenser or prescriber to other regulatory authorities concerned with granting, limiting, or denying licenses, certificates, or registrations to practice a health profession when the regulatory authority licenses the dispenser or prescriber, or the dispenser or prescriber is seeking licensure by the regulatory authority making the request, provided the request is related to an allegation of a possible controlled substance violation and is accompanied by an agency case number or other identifier sufficient to confirm an existing bona fide individual investigation.

10308.4 The Director may disclose to designated employees of the Department of Health Care Finance, or to the Medicaid Fraud Control Unit of the Office of the Inspector General, as appropriate, the following:

Information relevant to an investigation relating to a specific dispenser or prescriber who is a participating provider in the District Medicaid program, DC Health Care Alliance, or any other public health care program;

Information relating to an investigation concerning a specific patient who is currently eligible for and receiving, or who has been eligible for and has received, medical assistance services; or

Other information relevant to the Medicaid Fraud Control Unit of the Office of the Inspector General related to a specific prescriber, dispenser, or patient.

10308.5 Requests for information made pursuant to § 10308.4 of this chapter shall be made in a format designated by the Program and shall contain:

(a) An agency case number or other identifier sufficient to identify an existing bona fide individual investigation;

(b) A specified time period to be covered in the report;

(c) The identification of the specific patient, prescriber, or dispenser for whom the report is to be made; and

(d) The name, title, and original signature of the official under whose authority the request is made.

10308.6 The Director may disclose information relevant to the determination of the cause of death of a specific patient to the designated employees of the Office of the Chief Medical Examiner, provided that the request is made in a format designated by the Program and signed by the Chief Medical Examiner.

10308.7 To request prescription monitoring data from the Program pursuant to this section, authorized employees shall register with the Program.

10308.8 A request for registration as an authorized agent shall be accompanied by:

An attestation from the applicant's employer confirming the identity of the applicant and the applicant’s eligibility to receive the reports; and

An attestation from the applicant that the prescription monitoring data will not be further disclosed and will only be used for the purposes stated in the request and in accordance with law.

10308.9 A registration as an authorized agent issued pursuant to this subchapter shall expire on June 30th of each even-numbered year or at any time the agent leaves, or otherwise becomes ineligible to receive information from the Program. The employer shall notify the Program, in writing, within twenty-four (24) hours when an agent leaves his or her current employment or otherwise becomes ineligible to receive information from the Program.

10308.10 The Director may disclose information for bona fide research or education purposes to qualified personnel in response to requests determined by the Program to be consistent with institutional review board protocols and human subjects research protections, provided that:

Data elements that would reasonably identify a specific patient, prescriber, or dispenser shall be deleted or redacted from the prescription monitoring data prior to disclosure;

The request is made in a format designated by the Program and is signed by the Chief Researcher or Principal educator. The request shall be accompanied by the requestor’s credentials, and a written proposal or abstract explaining the purpose and scope of the research, analysis, education, or study plan with sufficient detail to enable the Program to determine the validity of the request and abilities of the requestor; and

The release of information to the requestor shall only be made pursuant to a signed agreement between the qualified personnel of the requestor and the Director to ensure compliance with the Act.

10308.11 With the exception of personal dispensing information provided to a patient or the parents or legal guardian of a patient, all requests for disclosure of prescription monitoring data shall by accompanied by an attestation that the prescription data will not be further disclosed and shall only be used for the purposes stated in the request and in accordance with the law.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10308

17 DCMR § 10309 INTEROPERABILITY WITH OTHER STATE PRESCRIPTION DRUG MONITORING PROGRAMS

10309.1 Upon request, the Program may disclose prescription monitoring data to another state's prescription drug monitoring program provided that the request:

(a) Is submitted on a form or in a manner approved by the Program;

(b) Is under the authority of the authorized administrator of that state's program; and

(c) Assures that prescription monitoring data will only be used or redisclosed in accordance with District law.

10309.2 The Program may develop and implement interoperability to facilitate the automated exchange of prescription monitoring data provided that a written agreement has been established with the other state's program, or third party, and provided that the information technology employed will:

Only disclose prescription monitoring data in a manner consistent with District laws and regulations; and

(b) Operate in accordance with State and federal laws and regulations governing the security and confidentiality of protected health information and personal medical records.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10309

17 DCMR § 10310 NOTICE OF REQUESTS FOR INFORMATION

10310.1 Any prescriber or dispenser who intends to request information from the Program about a patient or prospective patient shall provide notice to the patient that a request may be made to obtain information on all covered substances dispensed to that patient. The notice may be provided by use of a conspicuous sign in an area that will be easily viewed and read by the patient.

10310.2 In lieu of posting a sign, the prescriber or dispenser may provide notice in written material provided to the patient, or may obtain written consent from the patient.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10310

17 DCMR § 10311 CONFIDENTIALITY

10311.1 All prescription monitoring data collected, maintained, or submitted pursuant to this Program is confidential, privileged, not subject to discovery, subpoena, or other means of legal compulsion in civil litigation, and is not a public record.

10311.2 The Program shall ensure that confidential or privileged patient information is kept confidential and that records or information protected by a privilege between a health care provider and a patient, or otherwise required by law to be held confidential, is filed in a manner that, except as otherwise provided by law or regulation, does not disclose the identity of the person protected.

10311.3 The Program shall periodically conduct an audit review of prescription monitoring data and disclosure requests to ensure compliance with this chapter and the Act.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10311

17 DCMR § 10312 REQUESTS TO PROGRAM TO CORRECT PRESCRIPTION MONITORING DATA

10312.1 If a patient, a patient's authorized representative, or a prescriber believes that prescription monitoring data relating to the patient's or prescriber’s prescription history is incorrect, the patient, authorized representative, or prescriber may notify the dispenser and request correction.

10312.2 Upon receiving notice from a patient, a patient’s authorized representative, or prescriber that prescription monitoring data specific to a patient's prescription history or a prescriber’s prescribing history is incorrect, the dispenser shall:

Correct the information, if appropriate, within seventy-two (72) hours, including reversing information for any prescription that was not dispensed, if applicable; and

Provide a corrected prescription history report to the patient or the patient's authorized representative, if requested to do so.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10312

17 DCMR § 10316 THE PDMP ADVISORY COMMITTEE

10316.1 The PDMP Advisory Committee (“Committee”) shall consist of thirteen (13) members, eight (8) of which shall be ex officio members. The Director of the Department of Health (“Director”) shall appoint the remaining five (5) members, who may be from the public or private sectors, who may serve without residency restrictions, and who shall represent multiple disciplines and stakeholders in the area of prescription drug abuse. Membership of the Committee shall be as follows:

The Director, or his or her subordinate designee, who shall serve as chairperson;

The Director of the Department of Behavioral Health or his or her subordinate designee;

The Director of the Department of Forensic Sciences or the Director of the Office of the Chief Medical Examiner, as selected by the Director of the Department of Health, or his or her subordinate designee;

The Chief of the Metropolitan Police Department or his or her subordinate designee;

The Executive Director for the Board of Medicine or his or her subordinate designee;

The Executive Director for the Board of Pharmacy or his or her subordinate designee;

The Executive Director for the Board of Veterinary Medicine or his or her subordinate designee;

The Executive Director for the Board of Nursing or his or her subordinate designee; and

Five (5) members who shall represent multiple disciplines and stakeholders in the area of prescription drug abuse, and include representation from the medical and pharmacy practices, a medication assisted treatment provider, and a consumer member.

10316.2 All actions of the Committee shall be taken pursuant to a vote of a majority of the members of the Committee. A majority of the appointed members shall constitute a quorum.

10316.3 The chairperson shall only vote in cases of a tie among Committee members.

10316.4 Each appointed member of the Committee shall serve at the pleasure of the Director. Public members of the Committee shall serve a maximum term of nine (9) years from the date of appointment.

10316.5 Members of the Committee shall not be compensated for time expended in performing Committee duties.

10316.6 The Committee shall convene at least two (2) times per year to advise the Director:

(a) On the implementation and evaluation of the Program;

(b) On the establishment of criteria for indicators of possible misuse or abuse of covered substances;

(c) On standardization of the methodology that should be used for analysis and interpretation of prescription monitoring data;

(d) In determining the most efficient and effective manner in which to disclose the findings to proactively inform prescribers regarding the indications of possible abuse or misuse of covered substances;

(e) On identifying drugs of concern that demonstrate a potential for abuse and that should be monitored; and

(f) Regarding the design and implementation of educational courses for:

Persons who are authorized to access the prescription monitoring information;

Persons who are authorized to access the prescription monitoring information, but who have violated the laws or breached professional standards involving the prescribing, dispensing, or use of any controlled substances or drugs monitored by the Program;

Prescribers on prescribing practices, pharmacology, and identifying, treating, and referring patients addicted to or abusing controlled substances or drugs monitored by the Program; and

The public about the use, diversion and abuse of, addiction to, and treatment for the addiction to controlled substances or drugs monitored by the Program.

10316.7 The Committee shall keep minutes of all its meetings.

10316.8 Pursuant to Section 2(b) of the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-575(b)), and for the purposes set forth therein, the Committee may also meet in closed session.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015); as amended by Final Rulemaking published at 70 DCR 002227 (February 17, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10316

17 DCMR § 10399 DEFINITIONS

10399.1 The following terms shall have the meanings ascribed:

Act – the Prescription Drug Monitoring Program Act of 2013, effective February

22, 2014 (D.C. Law 20-66; D.C. Official Code §§ 48-853.01 et seq.).

Administer – the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

(a) A practitioner (or, in the practitioner's presence, by the practitioner's authorized agent); or

(b) The patient or research subject at the direction of and in the presence of the practitioner.

Controlled substance – a drug, substance, or immediate precursor, as set forth in Schedules I through V of Subchapter 2 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981(D.C. Law 4-29; D.C. Official Code §§ 48-901 et seq.)

Covered substance – all controlled substances included in Schedules II, III, IV, and V as set forth in Subchapter 2 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code §§ 48-901 et seq.), Schedules II through V of the Federal Controlled Substances Act (21 U.S.C. § 812), and any other drug as specified by rulemaking, that is required to be reported to the Program pursuant to the Act.

DEA – the United States Drug Enforcement Administration.

Department – the District of Columbia Department of Health.

Director – the Director of the District of Columbia Department of Health.

Dispense – to distribute a drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.

Dispenser – a practitioner who dispenses a covered substance to the ultimate user, or his or her agent, but shall not include:

(a) A licensed hospital or institutional facility pharmacy that distributes covered substances for the purpose of inpatient hospital care or the dispensing of prescriptions for controlled substances at the time of discharge from such a facility;

(b) A practitioner or other authorized person who administers a covered substance;

(c) A wholesale distributor of a covered substance; or

(d) A clinical researcher providing a covered substance to research subjects as part of a research study approved by a hospital-based institutional review board or an institutional review board accredited by the association for the accreditation of human research protections programs.

District – the District of Columbia.

Drug –

(a) Any substance recognized as a drug, medicine, or medicinal chemical in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia, or official Veterinary Medicine Compendium or other official drug compendium or any supplement to any of them;

(b) Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animal;

(c) Any chemical substance, other than food, intended to affect the structure or any function of the body of man or other animal; and

(d) Any substance intended for use as a component of any items specified in subparagraph (a), (b), or (c) of this paragraph, but does not include medical devices or their components, parts, or accessories.

Drugs of concern – a drug that is not a controlled substance, but which is nevertheless identified by the Director or the PDMP Advisory Committee as a drug with the potential for abuse.

Health occupations board – a board that, pursuant to Section 408 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1204.08), licenses and regulates health professionals with the authority to prescribe or dispense covered substances.

Interoperability – with respect to a District of Columbia or state prescription drug monitoring program, the ability of that program to share electronically reported prescription information with another state, district, or territory of the United States’ prescription drug monitoring program or a third party, approved by the Director, which operates interstate prescription drug monitoring exchanges.

Patient – the person or animal who is the ultimate user of a controlled substance or other drug required to be submitted under the Act for whom a lawful prescription is issued or for whom a controlled substance or such other drug is lawfully dispensed.

Practitioner –

(a) A physician, dentist, advanced practice registered nurse, veterinarian, scientific investigator, or other person who is licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in the District of Columbia; or

(b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of its professional practice or research in the District of Columbia.

Prescriber – a practitioner or other authorized person who prescribes a controlled substance or other covered substance in the course of his or her professional practice.

Prescription drug monitoring program – a program that collects, manages, analyzes, and provides information regarding covered substances or other drugs required under the Act or a program established by a similar act in another state, district or territory of the United States.

PDMP Advisory Committee – the multi-discipline committee established pursuant to Section 3 of the Act, which functions under the Department to advise the Director on the implementation and evaluation of the District’s prescription drug monitoring program.

PDMP Instruction Manual – the manual maintained by the Director that provides detailed instructions for registering with, reporting to, and requesting information from the Program.

Program or PDMP – the prescription drug monitoring program established by the Act.

Reporting period – the twenty-four (24) hour time period immediately following the dispensing of a covered substance.

Stakeholder – a person, group, or organization that could be affected by the Program's actions, objectives, and policies.

Ultimate user – a person who lawfully possesses a controlled substance for that person's own use or for the use of a member of that person's household or for administering to an animal owned by him or her or by a member of that person's household.

Zero report – an electronic data submission reflecting no dispensing activity for a given period.

History

• SOURCE: Final Rulemaking published at 62 DCR 15828 (December 11, 2015). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10399

17-104 ATHLETIC TRAINERS

17 DCMR § 10400 GENERAL PROVISIONS

10400.1 This chapter shall apply to persons authorized to practice athletic training and persons applying for or holding a license to practice athletic training.

10400.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 9966 (August 21, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10400

17 DCMR § 10401 TERM OF LICENSE

10401.1 Subject to § 10401.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31st of each even-numbered year.

10401.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birth date of the holder of the license, or other date established by the Director.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 9966 (August 21, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10401

17 DCMR § 10402 QUALIFICATIONS

10402.1 Except as otherwise provided in this chapter, to qualify for a license to practice athletic training, an applicant shall meet the following requirements:

Possess at least a baccalaureate degree in athletic training from a four (4)-year college or university that is accredited by an agency recognized for that purpose by the United States Department of Education and with an athletic training curriculum meeting one of the following standards:

(1) Accredited by the Commission on Accreditation of Athletic Training Education (CAATE) or its successor organization;

(2) Recognized by the National Athletic Trainers Association Board of Certification, Inc. (BOC); or

(3) Substantially equivalent programs approved by the Board of Medicine (Board);

Successfully passed the entry-level athletic trainers examination administered by the BOC, or its successor, or an equivalent organization approved or recognized by the Board; and

Possess a valid Emergency Cardiac Care (ECC) certification at the Basic Life Support/Professional Rescuer level or above.

10402.2 The Board may waive the requirement of a baccalaureate degree for applicants holding a license, certification or registration in good standing in another state to engage in the practice of athletic training, if that state maintains qualifications for licensure, certification or registrations that are substantially equivalent to those required in the District.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 9966 (August 21, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10402

17 DCMR § 10403 CERTIFICATION MAINTENANCE

10403.1 To maintain his or her qualification for an athletic training license during the period of licensure, an athletic trainer shall maintain continuously and without interruption a valid BOC Certification and a valid Emergency Cardiac Care (ECC) certification, required pursuant to § 10402.1(c).

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 9966 (August 21, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10403

17 DCMR § 10404 SCOPE OF PRACTICE

10404.1 An athletic trainer may, under the general supervision of a physician who has issued any written order, protocol or recommendation, perform treatment and rehabilitation of an athletic injury that is within the professional and educational ability of that athletic trainer, which may include but is not limited to:

(a) Coordinating or administering a treatment or rehabilitation plan, assessing progress, and discharging based on their functional status for the post-operative, acute, subacute, and chronic injury or medical condition of a patient;

(b) Providing treatment or rehabilitation by utilizing physical modalities of heat, cold, light, massage, traction, water, air, electric stimulation, sound, or mechanical, therapeutic and post rehabilitative exercise; or

(c) Using appropriate preventative or supportive devices to assist in the recovery or prevention of injury or illness.

10404.2 An athletic trainer may provide immediate and emergency care of athletic injuries, including common emergency medical situation, which may include, but is not limited to, cardiopulmonary resuscitation (CPR), an automated external defibrillator (AED), spinal stabilization techniques, standardized testing for head-related injuries, or making referrals for follow-up care.

10404.3 An athletic trainer may provide education, guidance, or counseling regarding athletic training and the prevention, care, and treatment of athletic injuries. He or she may also assess and promote awareness and education concerning issues such as, but not limited to, risks of illness or injury (orthopedic, neurological, systemic), environmental stress, nutrition, equipment and facilities, and general health and well-being.

10404.4 An athletic trainer may organize and administer athletic training programs and related services.

10404.5 An athletic trainer is not authorized to:

Render a medical diagnosis or opinion regarding a physical disability;

Use x-rays, radium, or electricity for cauterization or surgery;

Treatment of rehabilitation of neurologic injuries, conditions or disease other than the preventive and emergency medical treatment authorized by Subsections 10404.1; or

The expansion of treatment beyond the determination of the supervising physician.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 9966 (August 21, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10404

17 DCMR § 10405 PRACTICE OF ATHLETIC TRAINING BY STUDENTS

10405.1 Athletic training students enrolled as candidates for at least a baccalaureate degree in an athletic training program accredited by the Commission on Accreditation of Athletic Training Education (CAATE) and engaging or seeking to engage in an internship or practicum required for the completion of the degree may practice athletic training without a license issued pursuant to this chapter and only in accordance with this section.

10405.2 An athletic training student practicing pursuant to this section shall do so only under the direct supervision of an athletic trainer licensed in the District.

10405.3 An athletic trainer supervising an athletic training student shall be fully responsible for all of the actions performed by the athletic training student during the time of the supervision and may be subject to disciplinary action for any violation of the Act or this chapter by the person supervised.

10405.4 The supervising athletic trainer shall review and co-sign any documentation written by an athletic training student practicing pursuant to this section.

10405.5 An athletic training student practicing pursuant to this section shall be subject to all of the applicable provisions of the Act and this chapter. The Board may deny an application for a license by, or take other disciplinary action in accordance with § 514 of the Act (D.C. Official Code § 3-1205.14 (2016 Repl.)) against, an athletic training student who is found to have violated the Act or this chapter.

10405.6 If the Board finds that an athletic training student has violated the Act or this chapter, the Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the athletic training student to practice.

10405.7 An athletic training student practicing pursuant to this section shall identify himself or herself as an athletic training student at all times when performing actions of an athletic trainer.

10405.8 An athletic training student may not be paid or receive compensation of any nature, directly or indirectly from a patient.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 9966 (August 21, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10405

17 DCMR § 10406 PRACTICE OF ATHLETIC TRAINING BY APPLICANTS

10406.1 An applicant with a pending application pursuant to this chapter may practice athletic training only in accordance with this section.

10406.2 An applicant with a pending application pursuant to this chapter may practice athletic training under the supervision of an athletic trainer licensed in the District if the applicant has received authorization from the Board to practice under supervision. Such authorization shall not exceed ninety (90) days.

10406.3 An athletic trainer supervising an applicant shall be fully responsible for all of the actions performed by the applicant during the time of the supervision and may be subject to disciplinary action for any violation of the Act or this chapter by the person supervised.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 9966 (August 21, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10406

17 DCMR § 10407 RENEWAL, REACTIVATION AND REINSTATEMENT APPLICATIONS

10407.1 This section shall apply to applicants for the renewal, reactivation, or reinstatement of a license but shall not apply to applicants for an initial license or applicants seeking renewal for the first time after the initial grant of a license.

10407.2 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 10408.

10407.3 To qualify for the renewal of a license, an applicant shall have completed, during the two (2)-year period preceding the date the license expires, fifty (50) hours of approved continuing education meeting the requirement of § 10408. At least two (2) hours must be regarding lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) continuing education meeting the requirements of § 10408.4. At least ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years, or less frequently as deemed appropriate by the Director, with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

10407.4 To qualify for the reactivation of a license, a person in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11 (2016 Repl.)) shall possess a current and valid BOC Certification. If the person applying for reactivation has not been in the active practice of athletic training for two or more years immediately preceding the application, the person shall comply with any re-entry to practice requirements determined by the Board to be necessary to ensure competent practice.

10407.5 To qualify for the reinstatement of a license, an applicant seeking reinstatement shall have completed, during the two (2) years before the submission of the application, twenty-five (25) hours of approved continuing education for each year after the last expiration of the license up to a maximum of one hundred (100) hours and shall possess a current BOC certification. If the person applying for reinstatement has not been in the active practice of athletic training for two or more years immediately preceding the application, the person shall comply with any re-entry to practice requirements determined by the Board to be necessary to ensure competent practice.

10407.6 An applicant under this section shall prove completion of required continuing education credits by submitting the following information with respect to each program:

The name and address of the sponsor of the program;

The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

The dates on which the applicant attended the program;

The hours of credit claimed; and

Verification by the sponsor of completion.

10407.7 The Board may periodically conduct an audit of some or all licensees to determine compliance with the continuing education requirements. During the audit, the Board may also require proof of a current BOC Certification and a valid Emergency Cardiac Care (ECC) certification to determine the licensee’s compliance with § 10403.1.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 9966 (August 21, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10407

17 DCMR § 10408 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

10408.1 The Board may approve continuing education programs and activities that contribute to the growth of professional competence in athletic training and meet the relevant requirements of this section.

10408.2 The Board shall approve continuing education programs or activities approved by the BOC or offered by BOC-approved providers.

10408.3 The Board may approve continuing education programs if the program meets the requirements of § 10408.1 and is pre-approved by the Board.

10408.4 Continuing education hours that are completed in cultural competence and appropriate clinical treatment specifically for individuals who are LGBTQ shall, at a minimum, provide information and skills to enable a licensed athletic trainer to care effectively and respectfully for patients who identify as LGBTQ, which may include:

Specialized clinical training relevant to patients who identify as LGBTQ, including training on how to use cultural information and terminology to establish clinical relationships;

Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors for patients who identify as LGBTQ;

Training that outlines the legal obligations associated with treating patients who identify as LGBTQ;

Best practices for collecting, storing, using, and keeping confidential, information regarding sexual orientation and gender identity;

Best practices for training support staff regarding the treatment of patients who identify as LGBTQ and their families;

Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that those who identify as LGBTQ may experience these systems in varying degrees of intensity; and

Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for patients who identify as LGBTQ.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 9966 (August 21, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10408

17 DCMR § 10409 STANDARDS OF CONDUCT

10409.1 An athletic trainer shall comply with the Code of Ethics established and adopted by the National Athletic Trainers’ Association (NATA) and the Board of Certification Standards of Professional Practice adopted and implemented by the BOC, as they may be amended or adopted from time to time.

10409.2 An athletic trainer shall not sell, dispense, or administer anabolic steroids to any person.

10409.3 An athletic trainer shall comply with the requirements regarding youth athletic concussion protection of Chapter 28B of Title 7 of the D.C. Official Code and any amendments.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 9966 (August 21, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10409

17 DCMR § 10499 DEFINITIONS

10499.1 As used in this chapter the following terms shall have the meanings ascribed:

Act – District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq. (2016 Repl.)).

Athlete -

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

A member of an athletic team; or

Any physically active person seeking treatment for athletic injuries.

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

Athletic trainer – a person licensed to practice athletic training pursuant to this chapter.

Board – the Board of Medicine, established by § 209 of the Act (D.C. Official Code § 3-1202.03 (2016 Repl.)).

BOC – National Athletic Trainers Association Board of Certification.

Direct supervision – supervision provided to a student authorized to practice athletic training by an athletic trainer licensed in the District in which the supervising athletic trainer shall be physically present within the line of sight at the time that the student performs an athletic training function.

Director – the Director of the Department of Health or any successor or assignee.

General supervision of a physician – the overall direction and control of a physician over the services of an athletic trainer, which may be achieved through the planning of services with a physician; the development and approval by the physician of procedures and protocols to be followed in the event of an injury or illness; the mutual review of the protocols on a periodic basis; a written order or recommendation; and the appropriate consultation with a physician. The physical presence of the supervising physician is not required during the provision of the services.

LGBTQ Continuing Education - continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5) (2016 Repl.)).

Requestor – a person who seeks continuing education credit.

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

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 9966 (August 21, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10499

17-106 TRAUMA TECHNOLOGISTS

17 DCMR § 10600 GENERAL PROVISIONS

10600.1 This chapter shall apply to applicants for a license to practice as a trauma technologist.

10600.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 63 DCR 6639 (April 29, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10600

17 DCMR § 10601 TERM OF LICENSE

10601.1 Subject to § 10601.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31st of each even-numbered year.

10601.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 63 DCR 6639 (April 29, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10601

17 DCMR § 10602 RENEWAL OF LICENSE

10602.1 The holder of a license to practice as a trauma technologist shall renew his or her license by submitting a completed application on the forms prescribed by the Board and paying the required fees prior to the expiration of the license.

10602.2 A licensed holder applying for renewal of a license to practice as a trauma technologist shall submit documentary evidence that, in addition to meeting the requirements of § 3-1205.04(r), he or she has successfully completed fifty (50) hours of Board-approved continuing medical education within two (2) years before the date the license expires. Continuing medical education may consist of critiques, didactic session, practical drills, workshops, seminars, or other Board-approved means.

History

• SOURCE: Final Rulemaking published at 63 DCR 6639 (April 29, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10602

17 DCMR § 10603 LICENSURE REQUIREMENTS

10603.1 An applicant shall furnish proof satisfactory to the Board in accordance with D.C. Official Code § 3-1205.04 (2012 Repl.) that the applicant has met the following requirements:

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

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

(c)

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

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

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

History

• SOURCE: Final Rulemaking published at 63 DCR 6639 (April 29, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10603

17 DCMR § 10604 TRANSITION TO LICENSURE

10604.1 All references to trauma technologists shall be deemed to refer to persons meeting the requirements for licensure in the District, regardless of whether they are licensed in fact, until January 25, 2016.

History

• SOURCE: Final Rulemaking published at 63 DCR 6639 (April 29, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10604

17 DCMR § 10608 CONTINUING EDUCATION REQUIREMENTS

10608.1 This section shall apply to applicants for the renewal, reactivation, or reinstatement of a license for a term expiring December 31, 2016, and for subsequent terms.

10608.2 An applicant for renewal of a license to practice as a trauma technologist shall submit proof pursuant to § 10608.5 of having completed during the two (2)-year period preceding the date the license expires approved continuing education units (CEUs) constituting:

(a) Fifty (50) hours of CEU credit as specified in § 10609.2;

(b) Two (2) hours of CEU credit in cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) that meets the requirement of § 10609.3, and which shall count towards the hours required under paragraph (a); and

(c) At least ten percent (10%) of the total required continuing medical education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

10608.3 A continuing education credit may be granted only for a program or activity approved by the Board in accordance with § 10609.

10608.4 An applicant for reactivation of an inactive license or reinstatement of a license to practice as a trauma technologist shall submit proof pursuant to § 10608.5 of having completed during the two (2)-year period immediately preceding the date of application fifty (50) hours of CEU credit as specified in § 10609.2 of which:

(a) Two (2) hours of CEU credit are in cultural competence or appropriate clinical treatment specifically for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression (LGBTQ) that meets the requirement of § 10609.3; and

(b) At least ten percent (10%) of the total required continuing medical education shall be in the subjects determined by the Director as public health priorities of the District every five (5) years or less frequently as deemed appropriate by the Director with notice of the subject matter published in the D.C. Register. The Board shall disseminate the identified subjects to its licensees when determined by the Director via electronic communication and through publication on its website.

10608.5 An applicant under this section shall furnish proof of having completed required continuing education units by submitting with the application the following information:

(a) The name of the program and its approval number;

(b) The dates on which the applicant attended the program or performed the activity;

(c) The hours of credit claimed; and

(d) Verification that the applicant has completed the required continuing education program.

History

• SOURCE: Final Rulemaking published at 63 DCR 6639 (April 29, 2016); as amended by Final Rulemaking published at 64 DCR 11068 (October 27, 2017); as amended by Final Rulemaking published at 66 DCR 12990 (October 4, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10608

17 DCMR § 10609 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

10609.1 The Board, in its discretion, may approve continuing education programs and activities that contribute to the knowledge, skills, and professional performance and relationships that a trauma technologist uses to provide services to patients, the public or the profession and that meet the other requirements of this section.

10609.2 The Board may approve continuing education programs and activities for credit that are:

Designated for AMA Category 1 credit approved by the American Medical Association;

Sponsored, co-sponsored, or accredited by a state medical board; or

Specifically approved by the Board.

10609.3 CEU credit hours that are completed, pursuant to § 10608.2(b) of this chapter, in cultural competence and appropriate clinical treatment specifically for individuals who are LGBTQ shall, at a minimum, provide information and skills to enable a physician assistant to care effectively and respectfully for patients who identify as LGBTQ, which may include:

Specialized clinical training relevant to patients who identify as LGBTQ, including training on how to use cultural information and terminology to establish clinical relationships;

Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors for patients who identify as LGBTQ;

Training that outlines the legal obligations associated with treating patients who identify as LGBTQ;

Best practices for collecting, storing, using, and keeping confidential, information regarding sexual orientation and gender identity;

Best practices for training support staff regarding the treatment of patients who identify as LGBTQ and their families;

Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that those who identify as LGBTQ may experience these systems in varying degrees of intensity; and

Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for patients who identify as LGBTQ.

10609.4 An applicant shall have the burden of verifying whether a program or activity is approved by the Board pursuant to this section prior to attending the program or engaging in the activity.

History

• SOURCE: Final Rulemaking published at 63 DCR 6639 (April 29, 2016); as amended by Final Rulemaking published at 64 DCR 11068 (October 27, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10609

17 DCMR § 10613 SCOPE OF PRACTICE

10613.1 An individual shall be licensed by the Board of Medicine before practicing as a trauma technologist in the District of Columbia.

10613.2 An individual licensed to practice as a trauma technologist shall have the authority to:

(a) Identify respiratory emergencies and perform critical interventions with oxygen therapy equipment, including bag valve masks;

(b) Identify circulatory emergencies and perform critical interventions, including cardiopulmonary resuscitation;

(c) Identify, assess, and treat, as required, various eye injuries, soft tissue injuries, ligament and tendon injuries, musculoskeletal injuries, environmental emergencies, and exposure and reactions to poisons;

(d) Provide topical and infiltration application of a local anesthetic,

(e) Apply tourniquets, casts, immobilizers, and surgical dressings;

(f) Perform phlebotomy and insert intravenous catheters; and

(g) Suture lacerations and provide wound care.

10613.3 A trauma technologist shall not:

Perform any surgical procedure independently;

Have prescriptive authority; or

Write any progress notes or orders on hospitalized patients.

10613.4 Telecommunication by a physician licensed to practice in the District of Columbia may suffice as a means for directing delegated acts for a trauma technologist who is under the indirect supervision of that physician.

History

• SOURCE: Final Rulemaking published at 63 DCR 6639 (April 29, 2016); as amended by the Vulnerable Population and Employer Protection Amendment Act of 2018, effective February 22, 2019 (D.C. Law 22-0227; 66 DCR 197 (January 11, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10613

17 DCMR § 10614 SUPERVISING PHYSICIAN

10614.1 To be authorized to supervise a trauma technologist, a physician must be currently licensed as a physician in the District. The license must be unrestricted and active.

10614.2 A supervising physician shall perform the critical portions of any procedure. Supervision shall be continuous, and shall require that the supervising physician be immediately available in the emergency room suite for delegated acts that the trauma technologist performs and to respond to any emergency until the patient is released from the emergency room suite and care has been transferred to another physician, or until the trauma technologist has completed his or her tasks and has been excused by the supervising physician.

10614.3 It is the responsibility of the supervising physician(s) and the trauma technologist(s) to ensure that:

(a) The trauma technologist's scope of practice is clearly defined;

(b) Delegation of medical tasks is appropriate to the trauma technologist's level of competence;

(c) The relationship between the members of the team is defined;

(d) That the relationship of, and access to, the supervising physician is clearly defined and understood by both the supervising physician and the trauma technologist; and

(e) A process for evaluating the trauma technologist's performance is established.

History

• SOURCE: Final Rulemaking published at 63 DCR 6639 (April 29, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10614

17 DCMR § 10615 TITLE PROTECTION

10615.1 Unless authorized to practice as a trauma technologist, a person shall not use or imply the use of the words or terms "trauma technologist" or any similar title or description of services with the intent to represent that the person practices as a trauma technologist.

History

• SOURCE: Final Rulemaking published at 63 DCR 6639 (April 29, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10615

17 DCMR § 10616 DUTIES OF ADVISORY COMMITTEE ON TRAUMA TECHNOLOGISTS

10616.1 The Advisory Committee on Trauma Technologists shall consist of three (3) members appointed by the Mayor. Of the members of the Advisory Committee on Trauma Technologists, two (2) shall be emergency room physicians licensed in the District with experience working with trauma technologists, and one shall be a trauma technologist who shall be deemed to be and shall become licensed in the District in accordance with this chapter. The Committee shall advise the Board on all matters pertaining to this chapter and shall meet at least annually to review the guidelines for the licensing and regulation of trauma technologists and shall make necessary revisions for submission to the Board.

10616.2 Upon request of the Board, the Committee shall review applications for a license to practice as a trauma technologist and make recommendations to the Board.

10616.3 Upon request of the Board, the Committee shall review complaints regarding trauma technologists referred by the Board and make recommendations to the Board regarding what action should be taken.

History

• SOURCE: Final Rulemaking published at 63 DCR 6639 (April 29, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10616

17 DCMR § 10699 DEFINITIONS

10699.1 As used in this chapter the following terms have the meanings ascribed:

Board - the Board of Medicine, established by § 203(a) of the Act, D.C. Official Code § 3-1202.03(a) (1) (2012 Repl.).

Committee - the Advisory Committee on Trauma Technologists, established by § 203 (a) of the Act. D.C. Official Code § 3-1202.03(a) (2012 Repl.).

Director – The Director of the Department of Health, or his or her designee.

Immediately available - physically present in the emergency room suite and capable of responding to the trauma technologist and the patient as medically appropriate.

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

Trauma technologist - a person licensed to practice as a trauma technologist under the Act, or meeting the requirements for licensure in the District, regardless of whether he or she are licensed in fact, until January 25, 2016.

Emergency room suite - includes the emergency room of any hospital or Level 1 trauma facility, as well as contiguous examination rooms, surgical suites and recovery rooms.

Supervising physician - a physician licensed by the Board who may delegate specified duties to a licensed trauma technologist, and oversees and accepts responsibility for the trauma technologist.

10699.2 The definitions in § 4099 of Chapter 40 of this title and the Act are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 63 DCR 6639 (April 29, 2016); as amended by Final Rulemaking published at 66 DCR 12990 (October 4, 2019). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10699

17-107 DENTIST AND DENTAL FACILITY CERTIFICATION TO ADMINISTER SEDATION OR GENERAL ANESTHESIA

17 DCMR § 10700 GENERAL PROVISIONS

10700.1 This chapter applies to all applicants and holders of a dentist or dental facility certification to administer general or sedation anesthesia.

10700.2 The use of nitrous oxide or local anesthesia by a dentist is governed by Chapter 42 (Dentistry) of Title 17 of the District of Columbia Municipal Regulations and is not governed by this chapter.

10700.3 The administration of anesthesia and sedation by dentists in hospitals licensed in good standing in the District of Columbia is not governed by this chapter.

10700.4 No applicant or holder of a dentist or dental facility certification shall administer anesthesia or sedation in a mobile unit or in a temporary structure.

10700.5 A dentist shall not administer anesthesia or sedation unless the dentist has obtained the appropriate certification or provisional certification for each location.

10700.6 A dentist shall notify the Board in writing, and surrender his or her certification, within thirty (30) days of ceasing to administer anesthesia or sedation at a location.

10700.7 The Board shall maintain a record of each location for which a dentist has been issued a certification to administer anesthesia or sedation.

10700.8 Chapter 40 (Health Occupations: General Rule), 41 (Health Occupations Administrative Procedures), and 42 (Dentistry) of Title 17 of the District of Columbia Municipal Regulations shall supplement this chapter.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10700

17 DCMR § 10701 ANXIOLYSIS

10701.1 A dentist is not required to obtain a certification under this chapter to administer anxiolysis.

10701.2 The administering, prescribing, or dispensing of more than one type of sedative, narcotic, class of drug, or medication for the purpose of anesthesia to be taken the evening before a procedure, or the morning of a procedure, is not anxiolysis and shall require the appropriate anesthesia or sedation certification.

10701.3 A dentist who intends to administer anxiolysis shall indicate the intent to administer anxiolysis in the patient's records.

10701.4 A dentist who administers anxiolysis shall not administer a dose that is inappropriate for a patient's:

Age;

Weight;

Medical condition;

Infirmities; or

(e) Other propensities.

10701.5 Medications used to produce anxiolysis shall not exceed current limits set by the manufacturer for unmonitored use by the individual.

10701.6 A dentist who administers anxiolysis shall maintain a margin of safety and a level of consciousness that does not approach moderate sedation and other deeper states of sedation and general anesthesia.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10701

17 DCMR § 10702 TERM OF CERTIFICATION

10702.1 After July 1, 2021, only a dentist who holds an appropriate Class I, II, or III certification or provisional certification issued by the Board may administer an anesthetic technique in order to attain a level beyond anxiolysis for the practice of dentistry.

10702.2 A dentist or dental facility’s certification to administer sedation or general anesthesia issued pursuant to this chapter shall expire at 12:00 midnight of December 31st every fourth (4th) year beginning 2025.

10702.3 An itinerant provider permit issued pursuant to this chapter shall expire at 12:00 midnight of December 31st every fourth (4th) year beginning 2025.

10702.4 To ensure the continuity of care, the Board may issue provisional certifications as set forth in this chapter. However, beginning January 1, 2026, the Board shall no longer issue provisional certifications for dental certifications or dental facility certifications. A full certification shall be required for the administration of anesthesia and sedation in the District of Columbia.

10702.5 If the Director changes the renewal system pursuant to Subsection 4006.3 of Chapter 40 of this title, a certification issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the certification, or other date established by the Director.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10702

17 DCMR § 10703 CLASSIFICATION OF CERTIFICATIONS

10703.1 The following certifications shall be issued by the Board:

A Class I certification shall authorize a dentist or dental facility to administer:

Moderate sedation.

A Class II certification shall authorize a dentist or dental facility to administer:

Deep sedation; and

Any procedure allowed under a Class I certification.

A Class III certification shall authorize a dentist or dental facility to administer:

General anesthesia; and

Any procedure allowed under a Class I, or Class II certification.

A provisional certification for any of the certifications set forth in subparagraphs (a) through (c) of this subsection.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10703

17 DCMR § 10704 QUALIFICATIONS FOR AN INDIVIDUAL OBTAINING A DENTAL CERTIFICATION TO ADMINISTER SEDATION OR GENERAL ANESTHESIA

10704.1 Because sedation is a continuum, it is not always possible to predict how an individual patient will respond. Therefore, dentists and dental facilities intending to produce a given level of sedation shall have the training, skills, and knowledge to be able to recover, manage, and/or reverse as indicated patients whose level of sedation becomes deeper than initially intended, and shall meet the following requirements:

Holders of a Class I dentist or dental facility certification shall be able to recover, manage, and/or reverse patients who enter a state of moderate or deep sedation;

Holders of a Class II dentist or dental facility certification shall be able to recover, manage, and/or reverse patients who enter a state of moderate or deep sedation, or general anesthesia; and

Holders of a Class III dentist or dental facility certification shall be able to recover, manage, and/or reverse patients who enter a state of moderate or deep sedation, or general anesthesia.

10704.2 To qualify for a Class I dental certification, all applicants without exception shall furnish proof satisfactory to the Board that the applicant:

Successfully completed an educational program in the practice of dentistry at an institution recognized by the Commission on Dental Accreditation of the American Dental Association (ADA) at the time the applicant graduated in accordance with § 504(d) of the Act, D.C. Official Code § 3-1205.04(d);

Is currently licensed to practice dentistry in the District of Columbia;

Successfully passed the Dental Sedation/Anesthesia Competency Assessment Exam required in § 10705 of this chapter for the specific level of sedation for the level of certification sought;

Successfully passed the clinical evaluation required in § 10705 of this chapter;

Holds current certification in Advanced Cardiac Life Support (ACLS), and if sedating patients twelve (12) years of age or under, shall also have a current certification in Pediatric Advanced Life Support (PALS), both of which the applicant may not allow to expire; and

Has successfully completed a Board-approved course of instruction that documents training of at least one hundred and twenty (120) hours of didactic instruction plus management of at least twenty (20) dental patients, of which not more than five (5) may be simulated, per participant in moderate sedation; or

Has successfully completed a postdoctoral training program accredited by the Commission on Dental Accreditation or its successor organization that affords comprehensive and appropriate training necessary to administer and manage moderate sedation; or

Has successfully completed a Board-approved postdoctoral training program that affords comprehensive and appropriate training necessary to administer and manage moderate sedation.

10704.3 To qualify for a Class II dental certification, all applicants without exception shall furnish proof satisfactory to the Board that the applicant:

Successfully completed an educational program in the practice of dentistry at an institution recognized by the Commission on Dental Accreditation of the American Dental Association (ADA) at the time the applicant graduated in accordance with § 504(d) of the Act, D.C. Official Code § 3-1205.04(d);

Is currently licensed to practice dentistry in the District of Columbia;

Successfully passed the Dental Sedation/Anesthesia Competency Assessment Exam required in § 10705 of this chapter for the specific level of sedation for the level of certification sought;

Successfully passed the clinical evaluation required in § 10705 of this chapter;

Successfully completed an on-site facility inspection evaluation conducted by an organization recognized by the Board;

Holds current certification in Advanced Cardiac Life Support (ACLS), and if sedating patients twelve (12) years of age or under, shall also have a current certification in Pediatric Advanced Life Support (PALS), both of which the applicant may not allow to expire; and

Has successfully completed a Board-approved course of instruction that documents training of at least one hundred and twenty (120) hours of didactic instruction plus management of at least twenty (20) dental patients, of which not more than five (5) may be simulated, per participant in deep sedation; or

Has successfully completed a postdoctoral training program accredited by the Commission on Dental Accreditation or its successor organization that affords comprehensive and appropriate training necessary to administer and manage deep sedation; or

Has successfully completed a Board-approved postdoctoral training program that affords comprehensive and appropriate training necessary to administer and manage deep sedation.

10704.4 To qualify for a Class III dental certification, all applicants without exception shall furnish proof satisfactory to the Board that the applicant:

Successfully completed an educational program in the practice of dentistry at an institution recognized by the Commission on Dental Accreditation of the American Dental Association (ADA) at the time the applicant graduated;

Is currently licensed to practice dentistry in the District of Columbia;

Successfully passed the clinical evaluation required in § 10705 of this chapter;

Holds current certification in Advanced Cardiac Life Support (ACLS), and if sedating patients twelve (12) years of age or under, shall also have a current certification in Pediatric Advanced Life Support (PALS), both of which the applicant may not allow to expire; and

Has successfully completed a Board-approved course of instruction that documents training of at least one hundred and twenty (120) hours of didactic instruction plus management of at least twenty (20) dental patients, of which not more than five (5) may be simulated, per participant in general anesthesia; or

Has successfully completed a postdoctoral training program accredited by the Commission on Dental Accreditation or its successor organization that affords comprehensive and appropriate training necessary to administer and manage general anesthesia; or

Has successfully completed a Board-approved postdoctoral training program that affords comprehensive and appropriate training necessary to administer and manage general anesthesia.

10704.5 To protect the continuity of patient care, an applicant for any Class of dental certification who does not meet all of the requirements for certification at the time of submitting the application may apply for a provisional certification.

10704.6 Except as provided in § 10702.4 of this chapter, the Board may approve a provisional certification, not to exceed one (1) year, if the Board finds that the applicant substantially meets the requirements for a certification, and can be reasonably expected to satisfy the outstanding requirements within one (1) year.

10704.7 The Board may approve an extension, not to exceed six (6) months, of a provisional certification if good cause is found, such as circumstances beyond the control of the applicant. However, the Board shall not approve the renewal of a provisional certification for an applicant who has not demonstrated a good faith effort to fully satisfy the requirements for certification, such as failing to take actions within the applicant’s control.

10704.8 In addition to the requirements outlined in this chapter, before sedating patients twelve (12) years of age or under, a dentist shall have completed a formal residency training program, such as oral and maxillofacial surgery, pediatric dentistry, and dental anesthesiology, or an equivalent training program or course(s), acceptable to the Board.

10704.9 In addition to the requirements outlined in this chapter, an applicant for a dental certification to administer sedation or general anesthesia shall:

Receive a successful evaluation by the Board or its designee;

Provide an affidavit to the Board indicating whether the applicant has ever had an incident while treating a patient under general anesthesia; and

Submit any other pertinent documents or information requested by the Board.

10704.10 An affidavit provided to the Board under § 10704.9(b) of this chapter shall include the following:

The date of the incident;

The name, age, and address of the patient;

The type of anesthesia and dosages of drugs administered to the patient;

The location where the incident took place;

The techniques used in administering the drugs;

The preoperative physical condition of the patient;

The name and contact information of all other persons present during the incident;

The patient’s original complete dental records;

Any adverse occurrence including:

(1) The patient's signs and symptoms;

(2) The treatments instituted in response to adverse occurrences;

(3) The patient's response to the treatment; and

(4) The patient's condition on termination of any procedures undertaken; and

A narrative description of the incident, including approximate times, the evolution of symptoms, and the outcome of the incident.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10704

17 DCMR § 10705 COMPETENCY EXAMINATION, CLINICAL EVALUATION, AND ON-SITE INSPECTION

10705.1 In order to receive a certification for a Class I, II, or III certification, the dentist who will perform the administration shall pass prior to receiving a certification from the Board the following:

The Dental Sedation/Anesthesia Competency Assessment Exam for the specific level of sedation for the level of certification sought that is administered by an organization recognized by the Board; and

A clinical evaluation conducted by an organization recognized by the Board, consistent with the age level of the patients treated by the dentist, which shall include a demonstration of:

(1) The administration to a patient who is receiving dental treatment of the type of anesthesia or sedation for which the dentist is applying for a certification;

(2) Simulated emergencies in the surgical area of the dental office with participation by the members of the staff who are trained to handle emergencies;

(3) A dental procedure utilizing the type of anesthesia or sedation for which the dentist is applying for a certification;

(4) Any anesthesia or sedation technique that is routinely employed during the administration of anesthesia or sedation;

(5) The appropriate monitoring of a patient during anesthesia or sedation; and

(6) The observation of a patient during recovery and the time allowed for recovery.

10705.2 The dentist who will perform the administration shall undergo an on-site physical facility inspection of the facility conducted by an organization recognized by the Board, of the facility’s equipment, and the credentials of the personnel to determine if the personnel, equipment, and facility requirements have been met.

10705.3 The clinical evaluation required by § 10705.1(b) of this chapter shall require the participation of the clinical office staff, and shall include evaluating the treatment of at least the following:

(a) Laryngospasm;

(b) Foreign body airway obstruction;

(c) Emergency airway management;

(d) Emesis and aspiration;

(e) Acute allergic reaction;

(f) Bronchospasm;

(g) Angina;

(h) Conditions requiring advanced cardiac life support, including:

Bradycardia;

Tachycardia;

Ventricular fibrillation;

Cardiac arrest;

Hypotension;

Hypoglycemia;

Hypertension;

Seizure;

Syncope; and

(10) Venipuncture complications.

10705.4 The clinical evaluator shall hold a certification at the same or higher level as the certification sought by the applicant being evaluated.

10705.5 To the extent practicable, the clinical evaluator shall provide the results of the evaluation to the Board in writing within seven (7) days of an applicant's evaluation.

10705.6 The Board shall:

Review the results of the evaluation; and

(b) Notify the applicant of the results in a timely manner.

10705.7 If requested, an applicant shall be provided with a copy of the evaluation provided to the Board.

10705.8 The applicant shall be responsible for all evaluation, inspection, and examination costs.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10705

17 DCMR § 10706 APPLICATION FOR AN INDIVIDUAL DENTAL CERTIFICATION TO ADMINISTER SEDATION OR GENERAL ANESTHESIA

10706.1 To apply for a Class I, Class II, or Class III Individual dental certification, an applicant shall:

Submit a completed application to the Board on the required forms and include:

The applicant’s social security number on the application;

Two (2) recent passport-type photographs of the applicant’s face measuring two inches by two inches (2” x 2”) which clearly expose the area from the top of the forehead to the bottom of the chin

Submit a copy of his or her current license with the application;

Submit the name and address of each location where the dentist intends to administer anesthesia or sedation;

Identify all forms of anesthesia or sedation for which the dentist is seeking certification;

Submit proof of having successfully passed the clinical evaluation required by § 10705 of this chapter.

Pay all the required fees; and

Submit all required supporting documents.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10706

17 DCMR § 10707 QUALIFICATIONS FOR OBTAINING A DENTAL FACILITY CERTIFICATION TO ADMINISTER SEDATION OR GENERAL ANESTHESIA

10707.1 In addition to the other requirements in this chapter, to obtain a Class I, Class II, or Class III dental facility certification, each facility in which the dentist wishes to administer an anesthesia technique shall pass a facility evaluation in order to attain:

A level beyond anxiolysis;

Moderate sedation; or

Deep sedation and general anesthesia.

10707.2 Except as otherwise provided in this regulation, to qualify for a certification, the facility and the applicant shall pass an evaluation of facility equipment, medications, and clinical records to include at least the following and ensure that they are properly utilized and maintained:

Oxygen and gas delivery system, backup system fail-safe;

Gas storage facility;

Safety indexed gas system;

Suction and appropriate backup system;

Auxiliary lighting system;

Suitability of operating room:

Size;

Lighting;

Communications; and

(4) EMT accessibility;

Recovery area, including oxygen, suction, and visual and electronic monitoring, which may include the operating room;

Appropriate emergency drugs;

Nonexpired drugs;

Appropriate devices to maintain an airway with positive pressure ventilation;

Appropriate preoperative medical history and physical evaluation forms;

Appropriate anesthesia records, including monitoring and discharge records;

Monitoring equipment, including pulse oximeter and blood pressure monitoring;

Anesthesia and monitoring equipment to ensure they are in proper working order;

Defibrillator or automated external defibrillator (AED) for adult patients;

For Class I certifications:

Pulse oximeter;

A capnograph measuring device; and

An electrocardiogram (ECG) may be used, however, continuous ECG monitoring shall be used for patients with significant cardiovascular disease;

For Class II and Class III certifications:

An electrocardiogram (ECG);

A capnograph measuring device; and

Pulse oximeter;

For moderate or deep sedation, or general anesthesia in pediatric patients:

(1) Pulse oximeter;

(2) A capnograph; and

(3) Continuous ECG monitoring.

10707.3 The dentist who will perform the administration and the dentist's staff shall be present in the operatory during the evaluation.

10707.4 An applicant for a dental facility certification shall not transport anesthesia or sedation equipment from one dental office to another for facility examination purposes.

10707.5 A Board authorized evaluator shall hold a certification at the same or higher level as the certification sought by the applicant being evaluated.

10707.6 To the extent practicable, a Board authorized evaluator shall provide the results of the evaluation to the Board in writing within seven (7) days of an applicant's evaluation.

10707.7 The Board shall:

Review the results of the evaluation; and

Notify the applicant of the results in a timely manner.

10707.8 If requested, an applicant shall be provided with a copy of the evaluation provided to the Board.

10707.9 An applicant who fails either an administration evaluation or a facility evaluation twice shall be required to pay a fee equal to the renewal fee for the certification sought by the applicant before either the third evaluation or any subsequent evaluations.

10707.10 A dentist who has passed an administration and facility evaluation for a Class I, Class II, or Class III certification may receive the same type of certification for another facility or facilities if:

The dentist holds an active Class I, Class II, or Class III certification for which the dentist has passed an administration and facility evaluation; and

Each facility for which the dentist seeks another certification has at least one dentist who has passed an administration and facility evaluation for that type of certification at that location within two (2) years of the date of application for the additional certification.

10707.11 Alternatively, an applicant who has passed an administration and facility evaluation for a Class I, Class II, or Class III certification may receive the same type of certification for another facility or facilities if:

The dentist holds an active Class I, Class II, or Class III certification for which the dentist has passed an administration and facility evaluation; and

(b) The dentist seeking the additional certification:

Is present during a facility evaluation at which the dentist and the dentist's staff pass a facility evaluation; and

Passes an evaluation, appropriate for the certification level, that includes simulated management of emergencies with the participation of the clinical office staff trained to handle emergencies.

10707.12 In addition to the requirements of §§ 10707.10 and 10707.11 of this subchapter, the dentist seeking the additional certification or certifications shall:

Submit an application to the Board on a form provided by the Board; and

(b) Pay the appropriate fee.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10707

17 DCMR § 10708 APPLICATION FOR A DENTAL FACILITY CERTIFICATION TO ADMINISTER SEDATION OR GENERAL ANESTHESIA

10708.1 To apply for a Class I, Class II, or Class III dental facility certification, an applicant shall:

Submit a completed application to the Board on the required forms;

Submit a copy of his or her current license with the application;

Submit the name and address of the location for which the applicant is seeking certification;

Identify all forms of anesthesia or sedation for which the applicant is seeking certification;

Submit proof of having met the requirements required by § 10706 of this chapter.

Pay all the required fees; and

Submit all required supporting documents.

10708.2 To protect the continuity of patient care, an applicant for a dental facility certification in any class who does not meet all of the requirements for certification at the time of submitting the application may apply for a provisional certification.

10708.3 Except as provided in § 10702.4 of this chapter, the Board may approve a provisional certification, not to exceed one (1) year, if the Board finds that the applicant substantially meets the requirements for a certification, and can be reasonably expected to satisfy the outstanding requirements within one (1) year.

10708.4 The Board may approve a one-time renewal of a provisional certification if good cause is found, such as circumstances beyond the control of the applicant. However, the Board shall not approve the renewal of a provisional certification for an applicant who has not demonstrated a good faith effort to fully satisfy the requirements for certification, such as failing to take actions within the applicant’s control.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10708

17 DCMR § 10709 PERSONNEL AND EQUIPMENT REQUIREMENTS

10709.1 A dentist or dental facility with a Class I certification shall ensure that the following requirements are met before administering moderate sedation:

A dentist qualified and certified to administer moderate sedation shall administer the moderate sedation;

At least two (2) additional persons trained in Basic Life Support for Healthcare Providers shall be present in addition to the dentist, one of whom is trained in PALS if the patient is age twelve (12) or under;

When the dentist administering the moderate sedation is also the same dentist performing the dental procedure, one of the other trained personnel present shall be designated to perform the patient monitoring. The person designated to perform the monitoring shall be trained in PALS if the patient is age twelve (12) or under;

A positive-pressure oxygen delivery system suitable for the patient being treated shall be immediately available;

Documentation of compliance with manufacturer’s recommended maintenance of monitors, anesthesia delivery systems, and other anesthesia-related equipment shall be maintained;

A pre-procedural check of equipment for each administration of sedation shall be performed;

When inhalation equipment is used, it shall have a fail-safe system that is appropriately checked and calibrated;

The equipment shall also have either (1) a functioning device that prohibits the delivery of less than thirty percent (30%) oxygen or (2) an appropriately calibrated and functioning in-line oxygen analyzer with audible alarm;

The equipment necessary for monitoring end-tidal carbon dioxide and auscultation of breath sounds shall be immediately available;

An appropriate scavenging system shall be utilized if gases other than oxygen or air are used;

The equipment necessary to establish intravascular or intraosseous access shall be available until the patient meets discharge criteria; and

A pulse oximeter shall be used.

10709.2 A dentist or dental facility with a Class II certification shall ensure that the following requirements are met before administering deep sedation:

A dentist qualified and certified to administer deep sedation shall administer the deep sedation;

At least two (2) additional persons trained in Basic Life Support for Healthcare Providers shall be present in addition to the dentist, one of which shall be trained in ACLS and if the patient is age twelve (12) or under shall also be trained in PALS;

When the dentist administering the deep sedation is also the same dentist performing the dental procedure, one of the other trained personnel present shall be designated to perform the patient monitoring. The person designated to perform the monitoring shall be trained in ACLS and if the patient is age twelve (12) or under shall also be trained in PALS;

A positive-pressure oxygen delivery system suitable for the patient being treated shall be immediately available;

Documentation of compliance with manufacturer’s recommended maintenance of monitors, anesthesia delivery systems, and other anesthesia-related equipment shall be maintained;

Perform a pre-procedural check of equipment for each administration of sedation;

When inhalation equipment is used, it shall have a fail-safe system that is appropriately checked and calibrated;

The equipment shall also have either (1) a functioning device that prohibits the delivery of less than thirty percent (30%) oxygen or (2) an appropriately calibrated and functioning in-line oxygen analyzer with audible alarm;

The equipment necessary for monitoring end-tidal carbon dioxide and auscultation of breath sounds shall be utilized;

An appropriate scavenging system shall be utilized if gases other than oxygen or air are used;

The equipment necessary to establish intravenous access shall be available;

The equipment and drugs necessary to provide advanced airway management, and advanced cardiac life support shall be immediately available;

Resuscitation medications and an appropriate defibrillator shall be immediately available; and

A pulse oximeter shall be used.

10709.3 A dentist or dental facility with a Class III certification shall ensure that the following requirements are met before administering general anesthesia:

A dentist qualified and certified to administer general anesthesia shall administer the general anesthesia;

At least three (3) additional persons trained in Basic Life Support for Healthcare Providers shall be present in addition to the dentist, one of which shall be trained in ACLS or if the patient is age twelve (12) or under shall also be trained in PALS;

When the dentist administering the general anesthesia is also the same dentist performing the dental procedure, one of the other trained personnel present shall be designated to perform the patient monitoring. The person designated to perform the monitoring shall be trained in ACLS and if the patient is age twelve (12) or under shall also be trained in PALS;

A positive-pressure oxygen delivery system suitable for the patient being treated shall be immediately available;

Documentation of compliance with manufacturer’s recommended maintenance of monitors, anesthesia delivery systems, and other anesthesia-related equipment shall be maintained;

A pre-procedural check of equipment for each administration of general anesthesia shall be performed;

When inhalation equipment is used, it shall have a fail-safe system that is appropriately checked and calibrated;

The equipment shall also have either (1) a functioning device that prohibits the delivery of less than thirty percent (30%) oxygen or (2) an appropriately calibrated and functioning in-line oxygen analyzer with audible alarm;

The equipment necessary for monitoring end-tidal carbon dioxide and auscultation of breath sounds shall be utilized;

An appropriate scavenging system shall be utilized if gases other than oxygen or air are used;

The equipment necessary to establish intravenous access shall be available;

Equipment and drugs necessary to provide advanced airway management, and advanced cardiac life support shall be immediately available;

Resuscitation medications and an appropriate defibrillator shall be immediately available;

A pulse oximeter shall be used; and

Continuous ECG monitoring of patients is required.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10709

17 DCMR § 10710 MONITORING AND DOCUMENTATION

10710.1 A dentist administering moderate sedation, deep sedation, or general anesthesia to a patient:

Shall remain in the operatory room to monitor the patient continuously until the patient meets the criteria for recovery;

Shall not induce a second patient until the first patient:

(1) Is conscious;

(2) Is spontaneously breathing;

(3) Has stable vital signs;

(4) Is ambulatory with assistance; and

(5) Is under the care of a qualified auxiliary; and

Shall not leave the facility until the patient meets the criteria for discharge and is discharged from the facility.

10710.2 When moderate sedation is administered, monitoring shall include:

Consciousness: the patient’s level of sedation and responsiveness to verbal commands shall be continually assessed;

Oxygenation: the oxygen saturation shall be continuously evaluated by pulse oximetry;

Ventilation:

The dentist shall continuously observe chest excursions and monitor ventilation and breathing by monitoring end-tidal carbon dioxide, unless precluded by the nature of the patient, procedure, or equipment; and

(2) The dentist shall ensure that the patient’s ventilation is monitored by continual observation of qualitative signs, including auscultation of breath sounds with a precordial or pretracheal stethoscope;

Circulation:

(1) The dentist shall continually evaluate the patient’s blood pressure and heart rate unless invalidated by the nature of the patient, procedure, or equipment and this is noted in the time-oriented anesthesia record; and

(2) Circulation shall be monitored by continuous ECG monitoring of patients with significant cardiovascular disease.

10710.3 When deep sedation or general anesthesia is administered, monitoring shall include:

Oxygenation: oxygen saturation shall be continuously evaluated by pulse oximetry;

Ventilation:

(1) For an intubated patient, end-tidal carbon dioxide shall be continually monitored and evaluated unless precluded or invalidated by the nature of the patient, procedure, or equipment; and

(2) Ventilation shall also be monitored and evaluated by continual observation of qualitative signs, including auscultation of breath sounds with a precordial or pretracheal stethoscope, unless precluded by use of appropriate equipment;

Respiration rate shall be continually monitored and evaluated;

Circulation: the dentist shall continuously evaluate heart rate and rhythm via ECG throughout the procedure, as well as pulse rate via pulse oximetry;

The dentist shall also continually evaluate blood pressure;

Temperature: a device capable of measuring body temperature shall be readily available during the administration of deep sedation or general anesthesia; and

The equipment to continuously monitor body temperature shall be available and shall be performed whenever triggering agents associated with malignant hyperthermia are administered.

10710.4 Appropriate time-oriented anesthetic record shall be maintained, including the names of all drugs, dosages, and their administration times, including local anesthetics, dosages, and monitored physiological parameters. Additionally, pulse oximetry, end-tidal carbon dioxide measurements (if taken), heart rate, respiratory rate, blood pressure, and level of consciousness (if appropriate) shall be recorded continually.

10710.5 A treating dentist who allows a physician, another dentist, or certified registered nurse anesthetist to administer moderate sedation, deep sedation, or general anesthesia under this chapter shall ensure that the physician, dentist, or certified registered nurse anesthetist is properly licensed and authorized to administer anesthesia or sedation in the District and does not leave the site until the patient meets the criteria for discharge and is discharged from the facility.

10710.6 A treating dentist who allows a physician, another dentist, or certified registered nurse anesthetist to administer moderate sedation, deep sedation, or general anesthesia shall ensure that the physician, dentist, or certified registered nurse anesthetist does not induce a second patient until the first patient:

Is conscious;

Is spontaneously breathing;

Has stable vital signs;

Is ambulatory with assistance; and

Is under the care of a qualified auxiliary.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10710

17 DCMR § 10711 ON-SITE PHYSICAL FACILITY INSPECTIONS

10711.1 All offices holding a Class I, II, or III dental facility certification shall have an on-site physical inspection of the facility as follows:

Before receiving a certification from the Board;

At least once every four (4) years at each office facility; and

If the Board receives a complaint alleging a violation of this chapter and the Board finds that the complaint warrants investigation.

10711.2 At the discretion of the Board, an inspection or re-inspection of an office, dentist, and staff may be scheduled at any time. The Board shall consider such factors as it deems pertinent including, but not limited to, patient complaints and reports of adverse occurrences.

10711.3 A dentist or dental facility may, due to extenuating circumstances, apply for an extension of time to meet the requirements of § 10711.1 by making a written request to the Board. If the Board grants an extension, the length of the extension will be determined by the Board. The written request must include:

A complete explanation of the circumstances; and

The dentist’s or dental facility’s plan for completing the on-site inspection requirement.

10711.4 During reasonable business hours, the Board or its designee may conduct unannounced inspection visits of any dental office or facility if the Board has:

Received a complaint or has initiated a complaint; and

Reason to believe that anesthesia or sedation has been administered:

Without an appropriate certification; or

In violation of this chapter.

10711.5 Dentists and all associated personnel shall cooperate with the inspectors.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10711

17 DCMR § 10712 FACILITY OWNERS AND ANESTHESIA AND SEDATION PERFORMED BY ITINERANT PROVIDERS

10712.1 In order to obtain a permit from the Board for an itinerant provider to administer anesthesia or sedation in his or her facility the owner of the facility shall demonstrate the following to the satisfaction of the Board:

The itinerant provider is certified by the Board at the appropriate individual certification class level, if he or she is a dentist, or

The itinerant provider is licensed in good standing with the District of Columbia Board of Medicine or Nursing, as applicable, and authorized to administer anesthesia and sedation.

10712.2 The owner of a facility shall prominently display the itinerant provider’s permit at the dental facility.

10712.3 The owner of a facility shall ensure that the facility:

Is certified by the Board at the appropriate facility certification class level;

Is properly equipped in accordance with this chapter;

Is properly staffed in accordance with this chapter; and

Has appropriate non-expired drugs and non-expired emergency drugs.

10712.4 The owner of a facility or the treating dentist who wishes to allow an itinerant provider to administer anesthesia and sedation to a patient at his or her dental facility shall:

Obtain a permit from the Board before allowing the itinerant provider to administer anesthesia and sedation at his or her dental facility;

Ensure the proper maintenance of all required oxygen equipment, emergency equipment, monitors, back up equipment, suction, and lighting; and

Require the itinerant provider to contractually agree that he or she will accompany a patient to the emergency room if a patient is transported to the emergency room.

10712.5 A separate permit shall be required for each itinerant provider and for each separate facility location.

10712.6 The owner of a facility or the treating dentist shall ensure that:

The operatory size is appropriate;

The dental chair facilitates management of anesthesia emergencies;

There is adequate lighting in the operatory;

There is adequate staff present for the level of anesthesia level being administered;

Appropriate suction is in place at all times; and

The itinerant provider does not leave the dental facility until after the last patient is stable and discharged.

10712.7 To apply for a permit to allow an itinerant provider to administer anesthesia and sedation, the owner of a facility or the treating dentist shall:

(a) Apply to the Board on a form approved by the Board;

Provide an affidavit to the Board stating whether an incident has ever occurred while the owner or treating dentist, as applicable, treated a patient under moderate sedation, deep sedation, or general anesthesia, in accordance with the requirements set forth in § 10717.3 of this chapter;

Provide documentation acceptable to the Board that the itinerant provider is a dentist that is registered with the Board at the appropriate individual certification class level, or is a physician or certified registered nurse anesthetist that is licensed and in good standing with the appropriate District of Columbia Health Occupations Board and authorized to administer anesthesia and sedation;

Submit any other pertinent documents or information requested by the Board, which may include patient records; and

Pay a nonrefundable application fee.

10712.8 The owner or treating dentist who holds a certification to allow an itinerant provider to administer anesthesia or sedation at his or her facility shall be present in the operatory as the clinical provider of treatment during the administration of the anesthesia or sedation.

10712.9 A certification issued to an owner or treating dentist allowing an itinerant provider to administer anesthesia and sedation at his or her facility shall expire at 12:00 midnight on December 31st on the fourth (4th) year following the effective date of the certification.

10712.10 An owner or treating dentist may apply to renew his or her certification to allow an itinerant provider to administer anesthesia or sedation by submitting a renewal application on a form approved by the Board, which shall require the same type of documentation and information as was required for the initial certification, and payment of a nonrefundable fee.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10712

17 DCMR § 10713 ITINERANT DENTIST PROVIDERS OF ANESTHESIA AND SEDATION SERVICES

10713.1 An itinerant dentist provider shall obtain certification from the Board before administering anesthesia or sedation to a patient at a practice location other than his or her own dental facility.

10713.2 To apply for certification to administer anesthesia and sedation to a patient at a practice location other than the dentist’s own dental facility, an itinerant dentist provider shall:

File an application with the Board on a form approved by the Board;

Possess an individual Class I, Class II, or Class III certification, as applicable;

Provide an affidavit to the Board stating whether the itinerant dentist provider has ever provided moderate sedation, deep sedation, or general anesthesia with an incident, which shall meet the requirements set forth in § 10717.3 of this chapter;

Submit any other pertinent documents or information requested by the Board, which may include patient records; and

Pay a nonrefundable application fee.

10713.3 A separate certification shall be required for each itinerant provider and for each separate facility location.

10713.4 An itinerant dentist provider who holds a certification to administer anesthesia or sedation at a practice location other than his or her own dental facility shall be present in the operatory during the administration of the anesthesia or sedation.

10713.5 A certification issued to an itinerant dentist provider to administer anesthesia and sedation at a practice location other than his or her own dental facility shall expire at 12:00 midnight on December 31st on the fourth (4th) year following the effective date of the certification.

10713.6 An itinerant dental provider may apply for renewal of his or her certification to administer anesthesia or sedation at a practice location other than his or her own dental facility by submitting a renewal application on a form approved by the Board, which shall require the same type of documentation and information as was required for the initial certification, and payment of a nonrefundable fee.

10713.7 To protect the continuity of patient care, an itinerant dental provider who does not meet all of the requirements for certification at the time of submitting the application may apply for a provisional certification.

10713.8 Except as provided in § 10702.4 of this chapter, the Board may approve a provisional certification, not to exceed one (1) year, if the Board finds that the applicant substantially meets the requirements for a certification, and can be reasonably expected to satisfy the outstanding requirements within one (1) year.

10713.9 The Board may approve a one-time renewal of a provisional certification if good cause is found, such as circumstances beyond the control of the applicant. However, the Board shall not approve the renewal of a provisional certification for an applicant who has not demonstrated a good faith effort to fully satisfy the requirements for certification, such as failing to take actions within the applicant’s control.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10713

17 DCMR § 10714 CONTINUING EDUCATION REQUIREMENTS

10714.1 An applicant who seeks renewal of a Class I, II, or III dental certification to administer general anesthesia or sedation shall:

Complete not less than twenty-four (24) hours of clinical continuing education related to sedation or anesthesia setting during the term of the certification;

Maintain current certification in Advanced Cardiac Life Support (ACLS), which the applicant may not allow to expire; and

Maintain current certification in Pediatric Advanced Life Support (PALS) if the applicant sedates patients twelve (12) years of age or under.

10714.2 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew after expiration if the applicant’s failure to submit proof of completion was for good cause. As used in this section, “good cause” includes the following:

Serious and protracted illness of the applicant; and

The death or serious and protracted illness of a member of the applicant’s immediate family.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10714

17 DCMR § 10715 RENEWAL OF DENTIST CERTIFICATION

10715.1 The Board shall mail a renewal application to each dentist holding a Class I, Class II, or Class III certification to administer sedation or general anesthesia, within ninety (90) days of the expiration of the certification.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10715

17 DCMR § 10716 RENEWAL OF DENTAL FACILITY CERTIFICATION

10716.1 The Board shall send a renewal notice to each dental facility holding a Class I, Class II, or Class III certification to administer sedation or general anesthesia, at least ninety (90) days before the expiration of the certification.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10716

17 DCMR § 10717 MORBIDITY AND MORTALITY REPORTS

10717.1 Certified dentists and dental facilities shall report to the Board, in writing, any complication or disabling incident requiring admission to a hospital for a period greater than twenty (24) hours, or for purposes other than observation, as a result of the dentist’s or dental facility’s administration of anxiolysis, moderate sedation, deep sedation, or general anesthesia within seventy-two (72) hours after its occurrence.

10717.2 Certified dentists and dental facilities shall report to the Board, in writing, any death caused by or resulting from the dentist’s or dental facility’s administration of anxiolysis, moderate sedation, deep sedation, or general anesthesia within seventy-two (72) hours after its occurrence.

10717.3 The written report to the Board required in §§ 10717.1 and 10717.2 of this section shall include:

The date of the incident;

The name, age, and address of the patient;

The type of anesthesia used; and

A narrative description of the incident, including approximate times and evolution of symptoms, and the outcome of the incident.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10717

17 DCMR § 10718 TRANSFER OF CERTIFICATION PROHIBITED

10718.1 Certifications issued pursuant to this chapter may not be transferred to another dentist, location, or dental facility.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10718

17 DCMR § 10799 DEFINITIONS

10799.1 As used in this chapter, the following terms have the meaning ascribed:

Advanced Cardiac Life Support (ACLS) – a certification that an individual has successfully completed an advanced cardiac life support course that includes hands on training and skills demonstration of airway management and automated external defibrillator (AED) use offered by the American Heart Association or other entity approved by the Board.

Anesthesia – an artificially induced insensibility to pain usually achieved by the administration of gases or the use of drugs.

Anesthesia and sedation -

(a) Moderate sedation;

(b) Deep sedation; and

(c) General anesthesia.

Anxiolysis- the oral administration in a single dose of one type of legally prescribed sedative, narcotic, class of drug, or medication to decrease anxiety taken the evening before a procedure or the day of a procedure or both. Anxiolysis is used to achieve a drug induced state in which patients are expected to appropriately respond to tactile stimulation and verbal commands. The patient maintains consciousness, although cognitive function and coordination may be impaired. Ventilatory and cardiovascular functions are maintained and require no assistance.

Deep sedation- is an induced state of depressed consciousness accompanied by partial loss of protective reflexes, including the inability to continually maintain an airway independently or to respond purposefully to physical stimulation or verbal command, and is produced by a pharmacologic or non-pharmacologic method or a combination thereof. Airway intervention may be needed. Spontaneous ventilation may be inadequate and cardiovascular function is usually maintained. Patients cannot be easily aroused but respond purposefully following repeated or painful stimulation.

Director – the Director of the Department of Health, or designee.

Facility– any location in which anesthesia or sedation is administered for the practice of dentistry, including a dental school recognized by the Commission on Dental Accreditation or its successor organization or a hospital that is not in good standing with the District or the Joint Commission, but does not include a van or any mobile or temporary structure.

General Anesthesia – an induced state of consciousness, accompanied by partial or complete loss of protective reflexes, including the inability to continually maintain an airway independently and respond purposefully to physical stimulation or verbal command, and is produced by a pharmacologic or non-pharmacologic method or a combination thereof. Patients are not arousable even by painful stimulation. Patients often require assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation, drug-induced depression, or changes in neuromuscular function. Cardiovascular function may be impaired.

Itinerant Provider- a licensed physician, certified registered nurse anesthetist, or dentist that administers anesthesia and sedation to a treating dentist’s patients at the treating dentist’s practice location or by traveling from practice site to practice site.

Local Anesthesia- the technique of reducing or eliminating the bodyʼs response to noxious stimuli by the regional injection or application of a drug to a specific area of the body that inhibits nerve excitation or conduction without affecting or altering consciousness.

Moderate Sedation- a minimally depressed level of consciousness that retains the patient’s ability to independently and continuously maintain an airway and respond appropriately to physical stimulation and verbal command and that is produced by a pharmacologic or non-pharmacologic method or a combination thereof. No interventions are required to maintain a patent airway, and spontaneous ventilation is adequate. Cardiovascular function is maintained. Patients whose only response is reflex withdrawal from repeated painful stimuli shall not be considered to be in a state of conscious sedation.

Nitrous Oxide and Oxygen- an inhalation combination used to reduce pain and anxiety which could also depress the level of consciousness. The quantity of Nitrous Oxide administered shall not produce levels of altered consciousness beyond that which has been defined in this chapter as anxiolysis.

On-site Physical Facility Evaluation- an on-site inspection to determine if a facility where the applicant proposes to provide anesthesia and sedation is adequately supplied, equipped, staffed, and maintained in a condition to support the provision of anesthesia and sedation services in a manner that meets the requirements of this chapter.

Pediatric Advanced Life Support (PALS) certification - a certification that an individual has successfully completed a pediatric advanced cardiac life support course that includes hands on training and skills demonstration of airway management and automated external defibrillator (AED) use offered by the American Heart Association or other entity approved by the Board.

Provisional Certification- a one-year certification issued to an applicant for a dental certification, a dental facility certification, or to an itinerant dental provider applicant at the time that the application is received by the Department, that substantially meets the requirements for a certification, and can reasonably be expected to meet the outstanding requirements within a year.

Renewal Evaluation- an on-site inspection by the Board or its designee before the renewal of a certification to determine if a facility where the applicant proposes to provide anesthesia and sedation is adequately supplied, equipped, staffed, and maintained in a condition to support the provision of anesthesia and sedation services in a manner that meets the requirements of this chapter.

Sedation– any altered or decreased state of consciousness beyond that which is defined in this chapter as anxiolysis, regardless of the method or route of administration of the drug, medication or inhalation agent. The levels of sedation are (a) Moderate Sedation, (b) Deep Sedation, and (c) General Anesthesia.

Treating Dentist- the dentist who will perform the dental treatment, procedures, or services for which the administration of anesthesia or sedation to the patient is required.

10799.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 10799

17-111 VETERINARY EUTHANASIA TECHNICIANS

17 DCMR § 11100 GENERAL PROVISIONS

11100.1 This chapter applies to persons authorized to practice as veterinary euthanasia technicians and persons applying for or holding a certificate to practice as veterinary euthanasia technicians.

11100.2 Chapters 28 (Veterinary Medicine), 40 (Health Occupations: General Rules), and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 68 DCR 7744 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11100

17 DCMR § 11101 TERM OF CERTIFICATION

11101.1 Subject to § 11101.2, a certificate issued pursuant to this chapter shall expire at 12:00 midnight of December 31 of each odd-numbered year.

11101.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a certificate issued pursuant to this chapter shall expire at such time as is established by the Director pursuant to that section.

History

• SOURCE: Final Rulemaking published at 68 DCR 7744 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11101

17 DCMR § 11102 EDUCATIONAL REQUIREMENTS

11102.1 Except as otherwise provided in this chapter, an applicant for veterinary euthanasia technician certificate shall have completed a Board-approved sixteen (16) hour certification course which includes:

(a) Eight (8) hours of pharmacology and proper administration and storage of euthanasia solutions;

(b) Two (2) hours of federal and District laws regulating the storage and accountability of euthanasia solutions;

(c) Four (4) hours of euthanasia compassion fatigue management; and

(d) Two (2) hours of disposal of euthanized animals.

History

• SOURCE: Final Rulemaking published at 68 DCR 7744 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11102

17 DCMR § 11103 KNOWLEDGE OF THE DISTRICT OF COLUMBIA VETERINARY JURISPRUDENCE

11103.1 To qualify for certification under this chapter, an applicant shall demonstrate to the Board’s satisfaction that he or she possesses competent knowledge and understanding of the laws and rules pertaining to veterinary euthanasia practice in the District. The Board may adopt or implement a District of Columbia Veterinary Euthanasia Jurisprudence Examination or other methods such as mandatory educational sessions.

History

• SOURCE: Final Rulemaking published at 68 DCR 7744 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11103

17 DCMR § 11104 SCOPE OF PRACTICE

11104.1 A certified veterinary euthanasia technician may perform euthanasia of animals under the general supervision of a veterinarian licensed in the District, provided that the decision whether to euthanize an animal shall be made by a veterinarian and that the certified veterinary euthanasia technician is performing the euthanasia of an animal in accordance with the protocol and standards established by the veterinarian-in-charge.

11104.2 A certified veterinary euthanasia technician may, for the purpose of euthanizing animals and under the general supervision of a veterinarian licensed in the District, access, log, and administer euthanizing and tranquilizing agents from the controlled substance repository in accordance with the protocols and standards established by the veterinarian-in-charge.

11104.3 Unless duly otherwise authorized, a certified veterinary euthanasia technician may not perform any veterinary functions or practice other than euthanasia of animals pursuant to this chapter.

11104.4 These rules relating to the scope of practice for certified veterinary euthanasia technicians do not preempt or affect the performance of euthanasia on an animal covered by federal wildlife or research laws.

History

• SOURCE: Final Rulemaking published at 68 DCR 7744 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11104

17 DCMR § 11105 STANDARD OF CONDUCT

11105.1 A certified veterinary euthanasia technician shall not receive compensation directly from the owner of an animal for performing veterinary euthanasia services; however, he or she may receive a salary or other compensation provided by an employing veterinarian, a licensed veterinary facility, a humane society, an animal shelter, an animal control facility, or a wildlife rehabilitation facility.

History

• SOURCE: Final Rulemaking published at 68 DCR 7744 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11105

17 DCMR § 11106 CONTINUING EDUCATION REQUIREMENTS

11106.1 This section applies to applicants for the renewal of a veterinary euthanasia technician certificate, but does not apply to applicants for an initial certificate or for reactivation or reinstatement of a certificate.

11106.2 To qualify for the renewal of a certificate, an applicant shall have completed eight (8) hours of approved continuing education during the two (2) year period preceding the date the certificate expires. The required continuing education shall include two (2) hours of compassion fatigue management and two (2) hours of LGBTQ continuing education. Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be published on the Department’s website every five (5) years or as deemed necessary.

History

• SOURCE: Final Rulemaking published at 68 DCR 7744 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11106

17 DCMR § 11107 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

11107.1 The Board may approve continuing education programs and activities that contribute to the growth of professional competence in the practice of veterinary euthanasia and meet the requirements of this section.

11107.2 The Board may approve the following continuing education programs:

(a) Continuing veterinary educational programs given by a college of veterinary medicine approved by the American Veterinary Medical Association (AVMA);

(b) Lectures and scheduled courses or meetings approved by the AVMA;

(c) Activities and programs approved by the American Association of Veterinary State Boards’ (AAVSB’s) Registry of Approved Continuing Education (RACE) program; or

(d) Continuing educational programs given or arranged by the District of Columbia Veterinary Medical Association (DCVMA), the District of Columbia Academy of Veterinary Medicine (DCAVM), or the Board.

History

• SOURCE: Final Rulemaking published at 68 DCR 7744 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11107

17 DCMR § 11108 TEMPORARY CERTIFICATIONS

11108.1 The Board may issue temporary certificates in accordance with § 4007 of this title.

History

• SOURCE: Final Rulemaking published at 68 DCR 7744 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11108

17 DCMR § 11109 AUTHORIZATION TO PRACTICE AS VETERINARY EUTHANASIA TECHNICIAN WITHOUT A CERTIFICATE

11109.1 The following persons may be issued a temporary authorization to practice as veterinary euthanasia technicians without a certificate:

(a) A person enrolled in an accredited, Board-approved sixteen (16)-hour certification course as provided for in § 11102.1 to qualify for certification; or

(b) An applicant who has filed an initial application for certification and is awaiting action on that initial application in accordance with Subsection 103(e) of the Act (D.C. Official Code § 3-1201.03(e)).

11109.2 A person authorized to practice under this section may do so only under the direct supervision of a certified veterinary euthanasia technician or a licensed veterinarian in good standing.

11109.3 A person seeking authorization to practice under this section shall submit a request for such authorization to the Board jointly with a supervising veterinary euthanasia technician or veterinarian and may not begin to engage in the practice of veterinary euthanasia until he or she has received approval from the Board.

11109.4 An authorization to practice under this section shall not exceed six (6) months for a person meeting the requirement of § 11109.1(a) or ninety (90) days for a person meeting the requirement of § 11109.1(b).

11109.5 A person authorized to practice under this section shall be subject to all provisions of the law and regulations applicable to a certified veterinary euthanasia technician and may be subject to disciplinary action by the Board in accordance with Section 514 of the Act (D.C. Official Code § 3-1205.14).

11109.6 A veterinarian or veterinary euthanasia technician supervising a person practicing under this section shall be fully responsible for the action and conduct of the supervisee and may be subject to disciplinary action for any violation of the law or regulations by the supervisee.

History

• SOURCE: Final Rulemaking published at 68 DCR 7744 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11109

17 DCMR § 11199 DEFINITIONS

11199.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act - the District of Columbia Health Occupation Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq.)

Board – the Board of Veterinary Medicine, established by § 221 of the Act (D.C. Official Code § 3-1202.21).

Certificate – a certificate issued pursuant to this chapter.

Compassion fatigue management – education focusing on self-care to address psychological or emotional stress brought on by overwork, the drive to care for others, the need to care for sick or dying animal patients, or the need to euthanize animal patients.

Direct supervision – an arrangement in which a supervisee performs his or her duties or functions while the supervisor is working directly with and in same area as the supervisee.

Director – the Director of the Department of Health, or the Director’s designee.

General supervision – an arrangement in which a veterinary euthanasia technician may perform his or her duties or functions while the supervising veterinarian is not on the premises but may be reached by immediate means of communication such as phone, text, or e-mail.

LGBTQ continuing education – continuing education focusing on interaction with animal owners or co-workers who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5)).

Veterinarian – a veterinarian licensed under the Act.

Veterinarian-in-charge – the veterinarian with authority and oversight of all veterinary medical personnel in a veterinary practice or facility, including a temporary designee authorized to act on behalf of the veterinarian-in-charge.

11199.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 68 DCR 7744 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11199

17-112 VETERINARY TECHNICIANS

17 DCMR § 11200 GENERAL PROVISIONS

11200.1 This chapter applies to persons authorized to practice as veterinary technicians and persons applying for or holding a certificate to practice as veterinary technicians.

11200.2 Chapters 28 (Veterinarians), 40 (Health Occupations: General Rules), and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

11200.3 No persons may practice as a veterinary technician unless duly certified or authorized in accordance with this chapter.

11200.4 A veterinary technician certified under this chapter may refer to him- or herself or be referred to as a “veterinary nurse.”

11200.5 Unless duly certified under this chapter, no person shall use or imply the use of the words or terms “veterinary technician”, “V.T.”, “L.V.T.”, “certified veterinary technician”, “CVT”, “animal technician,” “veterinary nurse”, “animal nurse”, or any similar title or description of services with the intent to represent that the person practices as a veterinary technician.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11200

17 DCMR § 11201 TERM OF CERTIFICATION

11201.1 Subject to § 11201.2, a certificate issued pursuant to this chapter shall expire at 12:00 Midnight of December 31st of each odd-numbered year.

11201.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a certificate issued pursuant to this chapter shall expire at 12:00 Midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11201

17 DCMR § 11202 EDUCATIONAL REQUIREMENTS

11202.1 Except as otherwise provided in this chapter, an applicant for veterinary technician certification shall furnish proof satisfactory to the Board that the applicant has successfully graduated from a two (2) year associate program in the practice of veterinary technology or animal health at an institution accredited by the American Veterinary Medical Association (AVMA) Committee on Veterinary Technician Education and Activities (CVTEA) at the time the applicant graduated.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11202

17 DCMR § 11203 NATIONAL EXAMINATION

11203.1 To qualify for certification, an applicant shall furnish proof of having obtained, no more than seven (7) years prior to the submission of a certification application under this chapter, a passing score on the Veterinary Technician National Examination (VTNE) or its successor examination, administered by the American Association of Veterinary State Boards (AAVSB) or its successor.

11203.2 The passing score for the VTNE shall be as established by AAVSB.

11203.3 An applicant shall arrange for the score to be transmitted to the Board of Veterinary Medicine (Board) directly from AAVSB.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11203

17 DCMR § 11204 KNOWLEDGE OF THE DISTRICT OF COLUMBIA VETERINARY JURISPRUDENCE

11204.1 To qualify for certification under this chapter, an applicant shall demonstrate to the Board’s satisfaction that he or she possesses competent knowledge and understanding of the laws and rules pertaining to veterinary practice in the District. The Board may adopt or implement a District of Columbia Veterinary Jurisprudence Examination or other methods such as mandatory educational sessions.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11204

17 DCMR § 11205 ALTERNATIVE QUALIFICATION THROUGH EDUCATION AND TRAINING

11205.1 Notwithstanding the requirement of § 11202, an applicant who does not meet the requirement of § 11202.1 may qualify for a veterinary technician certification if he or she:

(a) Has completed, with a minimum passing grade of C or equivalent, at least two-hundred and thirty (230) clock hours of post-secondary instruction relevant to the practice of veterinary technician, which includes:

(i) Biology I;

(ii) Biology II;

(iii) Microbiology;

(iv) Chemistry;

(v) Anatomy and physiology I; and

(vi) Anatomy and physiology II; and

(b) Has accrued at least four thousand (4,000) hours of Directed Clinical Practice under the supervision of a licensed veterinarian.

11205.2 The Directed Clinical Practice required in § 11205.1(b) is supervised practice that shall provide the applicant with knowledge, skills, and abilities in the following areas:

(a) Patient examination;

(b) Emergency procedures;

(c) Animal and zoonotic diseases;

(d) Laboratory procedures;

(e) Diagnostic imaging;

(f) Surgical assisting;

(g) Anesthesia;

(h) Animal nursing, nutrition, and dentistry;

(i) Animal behavior and welfare;

(j) Animal handling and husbandry;

(k) Pharmacology; and

(l) Communication with clients.

11205.3 An applicant seeking to qualify for a veterinary technician certificate under this section shall prove his or her accrual of the Directed Clinical Practice required in § 11205.1(b) by submitting the supervising veterinarian’s attestation of the applicant’s proficiency in specific skills areas enumerated in § 11205.2.

11205.4 The Directed Clinical Practice required in § 11205.1(b) shall be accrued in no less than two (2) years and no more than five (5) years, except where the Board has granted an extension to the time limit for good cause shown.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11205

17 DCMR § 11206 WAIVER OF EDUCATIONAL AND NATIONAL EXAMINATION REQUIREMENTS

11206.1 Notwithstanding the requirements of § 11202.1 or § 11205.1(a), an applicant who does not meet the educational requirement of § 11202.1 or § 11205.1 or the national examination requirement of § 11203 may qualify for certification under this section if:

(a) The applicant has been performing the tasks of a veterinary technician on or during the twelve (12) months prior to the effective date of this chapter;

(b) The applicant has performed the functions and duties of a veterinary technician under the supervision of a licensed veterinarian for a minimum of four thousand (4,000) hours accrued within a period of no less than two (2) years but no more than five (5) years;

(c) The applicant submits an application for certification no later than twelve (12) months from the effective date of this chapter; and

(d) The supervising veterinarian attests to the applicant’s proficiency in specific skill areas enumerated in § 11205.2.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11206

17 DCMR § 11207 CERTIFICATION BY ENDORSEMENT

11207.1 Notwithstanding the requirement of § 11202, an applicant for certification who is licensed, certified, or registered as a veterinary technician in another jurisdiction in the United States may qualify for certification by endorsement if:

(a) The applicant’s license, certificate, or registration is in good standing; and

(b) The applicant meets the District of Columbia veterinary jurisprudence requirement in accordance with § 11204.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11207

17 DCMR § 11208 SCOPE OF PRACTICE

11208.1 A veterinary technician shall not prescribe medication for or perform surgery, diagnosis, or prognosis on any animal.

11208.2 A veterinarian supervising a veterinary technician may delegate certain functions and duties to a veterinary technician in accordance with this section and only as consistent with the training, experience, and ability of the veterinary technician. The supervising veterinarian shall remain fully responsible and liable for all delegated functions and duties and all related actions performed by the veterinary technician.

11208.3 A supervising veterinarian may delegate the following functions and duties to a veterinary technician to be performed only under the veterinarian’s direct supervision:

(a) Intraperitoneal injections;

(b) Administration of intravenous chemotherapy medications;

(c) Provision of sterile surgical assistance;

(d) Skin stapling and suturing of existing surgical skin incisions; or

(e) Placement of urinary catheters.

11208.4 A supervising veterinarian may delegate the following functions and duties to a veterinary technician to perform, at a minimum, under the veterinarian’s indirect supervision:

(a) Intravenous injections;

(b) Intramuscular injections;

(c) Cystocentesis;

(d) Induction and maintenance of anesthesia (inhalation or injection);

(e) Intubation;

(f) Urinary bladder expression;

(g) Surgical scrub preparation such as clipping and cleaning with an antiseptic;

(h) Extraction of single-rooted, mobile teeth; or

Application of bandages or splints.

11208.5 A supervising veterinarian may delegate the following functions and duties to a veterinary technician to perform, at minimum, under the veterinarian’s general supervision:

(a) Administration of medications topically, orally, aurally, ophthalmologically, intranasally, or rectally;

(b) Subcutaneous injections;

(c) Administration of all vaccines, except rabies, which requires direct or indirect supervision of the veterinarian;

(d) Placement of intravenous catheters;

(e) Administration of intravenous fluids;

(f) Collection of any of the following laboratory specimens: venipuncture, ear cytology, skin cytology, or fecal samples;

(g) Performance of basic procedures such as fluorescein staining, tonometry, fecal direct preparation, complete urinalysis, total protein, packed cell volume, glucometer, venipuncture, or radiographs as directed by the supervising veterinarian;

(h) Interpretation and input of medical notes;

(i) Interpretation of the supervising veterinarian’s instructions and transcription into layman’s terms for clients;

(j) Logging of the relevant controlled substances listed as part of the District of Columbia Uniform Controlled Substances Act of 1981, (D.C. Law 4-29; D.C. Official Code §§ 48-902.01 et seq.) as prescribed by the supervising veterinarian;

(k) Performance and enforcement of medical protocols as established by the supervising veterinarian; or

(l) Cardiopulmonary resuscitation.

11208.6 Notwithstanding the requirements of §§ 11208.4(i) and (j), and 11208.5(c), a veterinary technician employed by and performing his or her job duties for an animal shelter or the Animal Care and Control Agency, meeting the definition of D.C. Official Code § 8-1802, may perform the following duties under a veterinarian’s general supervision and in accordance with the standardized protocols established by the veterinarian-in-charge:

(a) Application of bandages (but not splints); or

(b) Administration of the rabies vaccine.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11208

17 DCMR § 11209 STANDARDS OF CONDUCT

11209.1 A veterinary technician shall adhere to and uphold the Veterinary Technician’s Oath as adopted by the National Association of Veterinary Technicians in America (NAVTA).

11209.2 A veterinary technician shall provide competent and timely delivery of veterinary care.

11209.3 A veterinary technician shall know his or her own limitations, shall not accept or perform professional responsibilities which the veterinary technician knows or has reason to know that he or she is not competent to perform, and shall seek intervention by a veterinarian whenever it would be in the patient’s best interest.

11209.4 A veterinary technician shall keep his or her knowledge of veterinary medicine and skills current while he or she is engaging in clinical practice as a veterinary technician.

11209.5 A veterinary technician shall not act or fail to act in a manner that may cause a reasonable person to understand or believe that the veterinary technician is a veterinarian or can practice veterinary medicine independently.

11209.6 A veterinary technician shall not abandon or neglect a patient under his or her care and in need of immediate professional care, without making reasonable recommendations for the continuation of such care as within the scope of his or her lawful practice or seeking the attention of a veterinarian as appropriate.

11209.7 A veterinary technician shall respect the client’s right to the treatment decision and treat the patient according to the client’s desires within the bounds of accepted treatments.

11209.8 A veterinary technician shall assist the veterinarian in maintaining a complete and accurate record of each patient by ensuring that the record accurately reflects the veterinary technician’s actions.

11209.9 A veterinary technician shall protect the confidentiality of patient records and maintain patient records in a manner consistent with the protection of the welfare of the patient and the client, and all applicable District of Columbia and federal laws.

11209.10 A veterinary technician shall make every effort to refrain from harming the patient.

11209.11 A veterinary technician shall not willfully harass, abuse, or intimidate a patient or client either physically or verbally.

11209.12 When informing the client of the status of the patient’s health, a veterinary technician shall make comments that are truthful, informed, and justifiable.

11209.13 A veterinary technician shall not represent the care being rendered, or that is needed, to a client in a false or misleading manner.

11209.14 A veterinary technician shall not practice veterinary medicine while under the influence of controlled substances, alcohol, or any other chemical agents, which impair the ability to practice.

11209.15 A veterinary technician with first-hand knowledge that a colleague is practicing veterinary medicine when under the influence of controlled substances, alcohol, or any other chemical agents that impair the ability to practice shall report such knowledge to the Board.

11209.16 A veterinary technician who contracts any disease, has a mental or physical impairment which affects his or her ability to safely practice, or becomes impaired in any way that might endanger patients or veterinary staff shall, with consultation and advice from a qualified physician or other authority, limit the activities of his or her practice to those areas that do not endanger patients or veterinary staff.

11209.17 A veterinary technician shall not engage in interpersonal relationships with clients that could impair his or her professional judgment or risk the possibility of exploiting the confidence placed in him or her by a client.

11209.18 A veterinary technician shall become familiar with the signs of abuse and neglect and report suspected cases of animal abuse to the proper authorities consistent with District of Columbia laws.

11209.19 A veterinary technician shall not recommend or perform unnecessary veterinary services or procedures.

11209.20 A veterinary technician shall not induce a client to purchase products or schedule procedures by misrepresenting the product’s value, the necessity of the procedure, or the veterinary technician’s own professional expertise in recommending the product or procedure.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11209

17 DCMR § 11210 SUPERVISION OF CLINICAL SUPPORT STAFF

11210.1 Members of a veterinarian’s clinical support staff who are not certified veterinary technicians may perform the following functions and duties only under the direct supervision of a veterinarian or a veterinary technician:

(a) Administration of medications topically, orally, aurally, ophthalmologically, intranasally, or rectally;

(b) Subcutaneous injections;

(c) Administration of vaccines, except that the rabies vaccine may not be administered;

(d) Placement of intravenous catheters;

(e) Administration of intravenous fluids;

(f) Collection of any of the following laboratory specimens: ear cytology, skin cytology, or fecal samples;

(g) Performance of basic procedures such as fluorescein staining, tonometry, fecal direct preparation, complete urinalysis, total protein, packed cell volume, glucometer, venipuncture, or radiographs as directed by the supervising veterinarian;

(h) Interpretation and input of medical notes;

(i) Interpretation of the supervising veterinarian’s instructions and transcription into layman’s terms for clients;

(j) Logging of the relevant controlled substances listed as part of the District of Columbia Uniform Controlled Substances Act of 1981 (D.C. Law 4-29; D.C. Official Code §§ 48-902.01 et seq.) as prescribed by the supervising veterinarian;

(k) Performance and enforcement of medical protocols as established by the supervising veterinarian; or

(l) Cardiopulmonary resuscitation (CPR).

11210.2 Notwithstanding any other provisions in this chapter, an animal shelter or the Animal Care and Control Agency, meeting the definition in D.C. Official Code § 8-1802, may employ clinical support staff who are not certified veterinary technicians to perform the following functions under the general supervision of a veterinarian or a veterinary technician:

(a) Administration of previously prescribed medications topically, orally, aurally, ophthalmologically, intranasally, or rectally;

(b) Administration of previously prescribed subcutaneous injections;

(c) Administration of vaccines approved by the Department of Health and provided in accordance with a written protocol established by the supervising veterinarian;

(d) Collection of ear cytology and blood or fecal samples for laboratory testing;

(e) Interpretation and input of medical notes;

(f) Interpretation of the supervising veterinarian’s instructions and transcription into layman’s terms for foster parents and owners;

(g) Performance of venipuncture as directed by the supervising veterinarian; and

(h) Application of bandages (but not splints).

11210.3 The supervising veterinarian shall remain fully responsible and liable for all delegated functions and duties and all related actions performed by the clinical support staff.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11210

17 DCMR § 11211 CONTINUING EDUCATION REQUIREMENTS

11211.1 This section shall apply to applicants for the renewal, reactivation, or reinstatement of a veterinary technician certificate, subject to Subsection 11211.2.

11211.2 This section shall not apply to applicants for an initial certificate by examination or endorsement, nor does it apply to applicants for the first renewal of a certificate.

11211.3 To qualify for the renewal of a certificate, an applicant shall have completed fourteen (14) hours of approved continuing education, including two (2) hours of Lesbian, Gay, Bisexual, Transexual, or Gay (“LGBTQ”) continuing education, during the two (2) year period preceding the date the license expires. Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed necessary.

11211.4 To qualify for the reinstatement of a certificate in accordance with D.C. Official Code § 3-1205.12, an applicant shall have completed seven (7) hours of approved continuing education for each year during which the certificate remains expired, provided that two (2) of the total hours of continuing education required shall be LGBTQ continuing education and ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed necessary with notice provided.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11211

17 DCMR § 11212 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

11212.1 The Board may approve continuing education programs and activities that contribute to the growth of professional competence in the practice of veterinary medicine and meet the requirements of this section.

11212.2 The Board may approve the following continuing education programs:

(a) Continuing veterinary educational programs given by a College of Veterinary Medicine approved by AVMA;

(b) Lectures and scheduled courses or meetings approved by the AVMA;

(c) Activities and programs approved by the American Association of Veterinary State Boards (AAVSB)’s Registry of Approved Continuing Education (RACE) program; or

(d) Continuing educational programs given or arranged by the District of Columbia Veterinary Medical Association (DCVMA), the District of Columbia Academy of Veterinary Medicine (DCAVM), or the Board.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11212

17 DCMR § 11213 AUTHORIZATION TO PRACTICE AS VETERINARY TECHNICIANS WITHOUT A CERTIFICATE

11213.1 The following persons may be issued a temporary authorization to practice as veterinary technicians without a license:

(a) A student enrolled in an accredited veterinary technician program who engages in the practice of veterinary medicine under supervision and in accordance with D.C. Official Code § 3-1201.03(c);

(b) An applicant who has filed an initial application and is awaiting action on that initial application in accordance with D.C. Official Code § 3-1201.03(e); or

(c) A person seeking to complete four thousand (4,000) hours of Directed Clinical Practice to qualify for certification in accordance with § 11205.1(b).

11213.2 A person may be authorized to practice under this section only under supervision of a licensed veterinarian in good standing.

11213.3 A person seeking authorization to practice to accrue Directed Clinical Practice hours shall submit a request for such authorization to the Board jointly with the intended supervising veterinarian.

11213.4 Supervised practice permitted in accordance with § 11213.1(b) or (c) may not begin until the Board has issued the authorization for such practice based on its review of the detail of the proposed practice and supervision.

11213.5 An authorization to practice as a veterinary technician pursuant to § 11213.1(c) shall not exceed one (1) year and may be renewable each year up to and not exceeding five (5) years, provided, however, that the Board may grant a further extension for good cause shown.

11213.6 Practice authorized under this section shall cease immediately upon the termination of the supervision by either the supervisor or the supervisee.

11213.7 The veterinarian supervising person(s) in accordance with § 11213.1(b) or (c) shall inform the Board immediately upon the termination of the supervision.

11213.8 A person authorized to practice under this section shall not in any way represent himself or herself or allow himself or herself to be represented to the public or clients as a certified veterinary technician.

11213.9 A person authorized to practice under this section shall be subject to all provisions of the law and regulations applicable to a certified veterinary technician and may be subject to disciplinary action by the Board in accordance with D.C. Official Code § 3-1205.14.

11213.10 A veterinarian supervising a person practicing under this section shall be fully responsible for the action and conduct of the supervisee and may be subject to disciplinary action for any violation of the law or regulations by the supervisee.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11213

17 DCMR § 11214 TEMPORARY CERTIFICATE

11214.1 The Board may issue temporary certificates in accordance with § 4007 of this title.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11214

17 DCMR § 11299 DEFINITIONS

11299.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act – the District of Columbia Health Occupation Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq.).

Animal shelter – a not-for-profit corporation exempt from federal income tax under § 501(c)(3) of Title 26 the U.S. Code, created for the purpose of providing temporary housing and medically necessary services, subject to the requirements of Chapter 29 of Title 17 of the DCMR, to stray, lost, abandoned, or surrendered animals in order to find homes for the homeless animals or reunite lost pets with their owners. An animal shelter may also provide temporary housing and necessary medical care for sick or injured wildlife.

Board – the Board of Veterinary Medicine, established by § 221 of the Act (D.C. Official Code § 3-1202.21).

Certificate – a certificate issued pursuant to this chapter.

Client – an owner or person who has been authorized to make decisions regarding the care and treatment of the patient.

Clinical Support Staff – person or persons, other than a veterinarian certified under this chapter, who may perform veterinary supportive procedures authorized by District of Columbia law or regulations under the specified supervision of a licensed veterinarian or a certified veterinary technician.

Direct supervision – when a supervisee performs his or her duties or functions while the supervisor is working directly with and in same area as the supervisee.

Director – the Director of the Department of Health, or the Director’s designee.

General supervision – when a supervisee performs his or her duties or functions while the supervisor is reachable by phone, text, e-mail, or other immediate communication. The supervisor is not required to be on the premises for general supervision.

Indirect supervision – when a veterinary technician performs his or her duties or functions while the supervising veterinarian is on the premises and available for assistance.

LGBTQ continuing education – continuing education focusing on human clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) and meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5)).

Patient – an animal or group of animals examined or treated by a veterinarian and/or a veterinary technician.

Supervising veterinarian – a veterinarian licensed under the Act who employs, utilizes, or supervises a veterinary technician in accordance with this title.

Veterinarian – a veterinarian licensed under the Act.

Veterinarian-in-charge – the veterinarian with authority and oversight of all veterinary medical personnel in a veterinary practice or facility, including a temporary designee authorized to act on behalf of the veterinarian-in-charge.

11299.2 The definitions in § 4099 of Chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 68 DCR 7750 (August 6, 2021). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11299

17-113 ASSISTED LIVING ADMINISTRATORS

17 DCMR § 11300 GENERAL PROVISIONS

11300.1 This chapter applies to persons authorized to practice as assisted living administrators and persons applying for or holding a license to practice as assisted living administrators.

11300.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 69 DCR 001337 (February 18, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11300

17 DCMR § 11301 TERM OF LICENSE

11301.1 Subject to § 11301.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of June 30 of each even-numbered year.

11301.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 69 DCR 001337 (February 18, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11301

17 DCMR § 11302 QUALIFICATIONS

11302.1 Except as otherwise provided in this chapter, an applicant may qualify for a license to practice as an assisted living administrator if the applicant meets one of the following requirements:

(a) The applicant possesses a bachelor’s or higher degree from a long term care administration program accredited by the National Association of Long Term Care Administrator Boards (NAB);

(b) The applicant possesses a bachelor’s or higher degree in assisted living administration, gerontology, health care management, or public health from a post-secondary institution accredited by an accrediting agency recognized by the U.S. Department of Education, other than NAB and has completed three hundred and twenty (320) hours of practicum or relevant work experience in an assisted living facility or nursing home;

(c) The applicant possesses a bachelor’s or higher degree in health- related field such as nursing, medicine, or similar health occupations from a post-secondary institution accredited by an accrediting agency recognized by the U.S. Department of Education and has completed three hundred and twenty (320) hours of practicum or relevant work experience in an assisted living facility or nursing home; or

(d) The applicant possesses a bachelor’s or higher degree in any field other than health from a post-secondary institution accredited by an accrediting agency recognized by the U.S. Department of Education and has completed all of the following:

(1) Fifteen (15) semester hours of relevant courses covering core domains as enumerated in § 11302.2;

(2) Eighty (80) hours of board-approved assisted living administrator training program consisting of education and training in the core domains as enumerated in § 11302.2; and

(3) Four hundred and eighty (480) hours of practicum or relevant work experience in an assisted living facility or nursing home.

11302.2 Relevant courses of education, practicum, relevant work experience, or training in assisted living administration required pursuant to § 11302.1(b), (c), or (d) shall consist of education and training deemed by the Board to sufficiently prepare and enable a person to supervise the operation of an assisted living residence pursuant to the requirements § 10116 of Title 22-B of the District of Columbia Municipal Regulations (DCMR) and include the following core domains:

(a) Customer care, supports, and services;

(b) Human resources;

(c) Finance;

(d) Environment; and

(e) Management and leadership.

11302.3 An applicant who possesses a current and valid license in good standing as a nursing home administrator in the District shall be deemed to qualify for a license as an assisted living administrator.

11302.4 Notwithstanding the requirements of §§ 11302 and 11303, an applicant who possesses a current and valid Health Services Executive (HSE) credential offered by the National Association of Long Term Care Administrator Boards (NAB) shall be deemed to qualify for a license as an assisted living administrator.

History

• SOURCE: Final Rulemaking published at 69 DCR 001337 (February 18, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11302

17 DCMR § 11303 NATIONAL EXAMINATION

11303.1 Except as otherwise provided in this chapter, an applicant seeking to qualify for a license pursuant to § 11302.1 shall take and pass the National Association of Long Term Care Administrator Boards (NAB) National Residential Care/Assisted Living Administrators Line of Service Examination (“RC/AL” or “RCAL”).

History

• SOURCE: Final Rulemaking published at 69 DCR 001337 (February 18, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11303

17 DCMR § 11304 KNOWLEDGE OF THE DISTRICT OF COLUMBIA ASSISTED LIVING ADMINISTRATION JURISPRUDENCE

11304.1 An applicant for an assisted living administrator license shall demonstrate to the Board’s satisfaction that he or she possesses competent knowledge and understanding of the laws and rules pertaining to assisted living administration in the District. The Board may adopt or implement a District of Columbia Assisted Living Administration Jurisprudence Examination or other methods such as mandatory educational sessions to ensure that an applicant meets the requirement of this section.

History

• SOURCE: Final Rulemaking published at 69 DCR 001337 (February 18, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11304

17 DCMR § 11305 WAIVER OF EDUCATIONAL AND NATIONAL EXAMINATION REQUIREMENTS

11305.1 Notwithstanding the requirements of §§ 11302.1 and 11303.1, an applicant may be granted an assisted living administrator license if at the time of the application:

(a) The applicant is currently employed as an assisted living administrator in the District;

(b) The applicant has worked as an assisted living administrator for at least one (1) year; and

(c) The applicant submits the application for licensure no later than twelve (12) months from the effective date of this chapter.

11305.2 For the purposes of § 11305.1(a), an applicant who is on approved leave of absence from his or her employment is deemed to be currently employed.

History

• SOURCE: Final Rulemaking published at 69 DCR 001337 (February 18, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11305

17 DCMR § 11306 LICENSURE BY ENDORSEMENT

11306.1 Notwithstanding the requirements of § 11302, an applicant may qualify for a license by endorsement if:

(a) The applicant is currently licensed as an assisted living administrator or a nursing home administrator in another U.S. jurisdiction and meets the following requirements:

(1) Being in good standing with no history of discipline or sanction by an assisted living administrator licensing board or nursing home administrator board in any jurisdiction;

(2) Having had two (2) years of work experience as an assisted living administrator or nursing home administrator within the previous four (4) years before the date of the application; and

(3) Meeting the requirement of §§ 11303 and 11304; or

(b) The applicant is currently employed as an assisted living administrator in a U.S. jurisdiction in which an assisted living administrator license is not required and meets the following requirements:

(1) Having never been subject to any discipline or sanction by any authority with jurisdiction over residential care or assisted living facility;

(2) Having had two (2) years of work experience as an assisted living administrator within the previous four (4) years before the date of the application; and

(3) Meeting the requirements of §§ 11303 and 11304.

History

• SOURCE: Final Rulemaking published at 69 DCR 001337 (February 18, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11306

17 DCMR § 11307 CONTINUING EDUCATION REQUIREMENTS

11307.1 This section applies to applicants for the renewal, reactivation, or reinstatement of a license but does not apply to applicants for an initial license or for the first renewal of a license after the initial grant.

11307.2 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 11308.

11307.3 To qualify for the renewal of a license, an applicant shall have completed, during the two (2)-year period preceding the date the license expires, forty (40) hours of approved continuing education credit, which shall include:

(a) Two (2) hours of LGBTQ continuing education;

(b) One or more of the following topics:

(1) Creating a resident-centered environment;

(2) Behavior management and cognitive impairment;

(3) District of Columbia laws and regulations pertaining to assisted living residences;

(4) Finances and operation:

(5) Resident abuse/misappropriation and prevention; or

(6) Any other topic relevant to the practice of assisted living administration; and

(c) Ten percent (10%) of the total required continuing education shall be in the subjects determined by the Director as public health priorities of the District, which shall be duly published every five (5) years or as deemed appropriate.

11307.4 To qualify for the reactivation of a license, a person in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11) (2016 Repl.) who seeks to reactivate his or her license not more than five (5) years after the start of the inactive status shall submit proof of having completed twenty (20) hours of approved continuing education credit meeting the requirements of § 11307.3 for each year that the applicant was not actively licensed, up to a maximum of one hundred (100) hours. At least twenty (20) hours of the continuing education credit shall have been completed in the one (1)-year period prior to the submission of the application.

11307.5 To qualify for the reactivation of a license, a person in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11) (2016 Repl.) who seeks to reactivate his or her license more than five (5) years after the start of the inactive status shall, during a period not more than two (2) years prior to the submission of the application, take and complete eighty (80) hours of Board-approved assisted living administrator training program consisting of education and training meeting the requirement of § 11302.2 and twenty (20) hours of approved continuing education.

11307.6 To qualify for the reinstatement of a license, an applicant shall submit proof of having completed twenty (20) hours of approved continuing education credit meeting the requirements of § 11307.3 for each year that the applicant was not licensed, up to a maximum of one hundred (100) hours. At least twenty (20) hours of the continuing education credit shall have been completed in the one (1)-year period prior to the application date.

11307.7 A renewal applicant may be required to attest to his or her compliance with the continuing education requirement under § 11307.3.

11307.8 The Board may periodically conduct a random audit of its licensees to determine compliance with the continuing education requirement. A licensee selected for audit shall submit proof of his or her continuing education compliance within the allotted time period, which shall not be less than thirty (30) days.

11307.9 Satisfactory proof of completion of the required continuing education shall include verifiable evidence of the attendance or completion of a program or activity and that such program or activity is approved or approvable by the Board in accordance with §§ 11308 and 11309.

History

• SOURCE: Final Rulemaking published at 69 DCR 001337 (February 18, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11307

17 DCMR § 11308 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

11308.1 The Board may approve a continuing education program or activity that the Board has determined to:

(a) Contribute to the growth of professional competence in the practice of assisted living administration;

(b) Be current in its subject matter;

(c) Meet professional quality and standards; and

(d) Meet the other applicable requirements of this section.

11308.2 The Board may approve the following types of continuing education programs or activities:

(a) An undergraduate or graduate course given at an accredited college or university;

(b) A seminar or workshop;

(c) An educational program given at a conference;

(d) In-service trainings;

(e) Service as a supervisor to a person seeking to accrue practicum or relevant work experience described in § 11302.1(b), (c), or (d)(3);

(f) Authoring or co-authoring a published book related to assisted living facility or administration; or

(g) Authoring or co-authoring an article, book review, or abstract in a professional journal or bulletin.

11308.3 A program or activity approved or sponsored by the following organization or entity shall qualify for the continuing education approval of the Board:

(a) National Association of Long Term Care Administrator Boards (NAB);

(b) A state board regulating nursing home administration, assisted living administration, or long-term care administration; or

(c) A state board regulating any health professions so long as the approved program or activity is relevant to the practice of assisted living administration.

11308.4 A sponsor or administrator of a program or activity seeking continuing education approval from the Board shall submit materials and documentation establishing that the program or activity meets the requirements of this section at least thirty (30) days prior to the implementation of the program or activity.

11308.5 A person seeking continuing education credits shall have the burden of verifying whether a program or activity is approved by the Board pursuant to this section prior to attending the program.

History

• SOURCE: Final Rulemaking published at 69 DCR 001337 (February 18, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11308

17 DCMR § 11309 CONTINUING EDUCATION CREDITS

11309.1 The Board may grant one (1) credit hour of continuing education for each fifty (50) minutes of approved educational activities.

11309.2 For approved undergraduate or graduate courses, each semester hour of credit shall constitute fifteen (15) hours of continuing education credit, and each quarter hour of credit shall constitute ten (10) hours of continuing education credit.

11309.3 The Board may grant continuing education credits to a requestor who serves as an instructor or speaker at an approved program for preparation and presentation time, subject to the following restrictions:

The maximum amount of credits that may be granted for preparation time shall be equal to the amount of the associated presentation time;

If a requestor has previously received credit in connection with a particular presentation, the Board may grant credit for the presentation time only for the subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject; and

The presentation shall have been completed during the period for which credit is claimed.

11309.4 The Board may grant continuing education credits under § 11308.2(f) or (g) only if the requestor proves to the satisfaction of the Board that the work has been published or accepted for publication during the period for which credit is claimed.

11309.5 The Board may in its discretion grant up to twenty (20) hours of continuing education credits under § 11308.2(e).

History

• SOURCE: Final Rulemaking published at 69 DCR 001337 (February 18, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11309

17 DCMR § 11310 STANDARDS OF PRACTICE

11310.1 An assisted living administrator shall have full responsibility for operation of and services provided in an assisted living residence, including, but not limited to, resident care and services, personnel, finances, and the assisted living residence physical premises.

11310.2 An assisted living administrator shall comply with and be held responsible for ensuring that the assisted living residence is in full compliance with the Assisted Living Residence Regulatory Act of 2000, effective June 24, 2000, (D.C. Law 13-127; D.C. Official Code § 44-101.01 et seq.), including all supplementing rules and regulations.

History

• SOURCE: Final Rulemaking published at 69 DCR 001337 (February 18, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11310

17 DCMR § 11311 TEMPORARY AUTHORIZATION FOR AN UNLICENSED PERSON TO PRACTICE AS AN ASSISTED LIVING ADMINISTRATOR

11311.1 It shall not be deemed unlicensed practice of assisted living administration where a person is designated by a licensed assisted living administrator to temporarily assume the administrator’s responsibilities in accordance with the relevant provisions of § 10116 of Chapter 101 of Title 22-B of the DCMR.

11311.2 A person seeking to accrue practicum or work experience required to qualify for a license in accordance with the relevant provisions of § 11302.1 may practice under the following conditions:

(a) The person has been found to possess the required education in accordance with the relevant provisions of § 11302.1;

(b) The person shall practice under the supervision of a licensed assisted living administrator at all times; and

(c) The Board has granted authorization for the person to engage in such practice.

11311.3 Authorization to practice pursuant to § 11311.2 shall not exceed four (4) months.

11311.4 An assisted living administrator who has designated another person to assume his or her duties in accordance with § 11311.1 or is supervising a person in the practice of assisted living administration in accordance with § 11311.2 shall be fully responsible for the action and performance of the designated person or supervisee.

11311.5 A person who meets all of the qualifications to practice as an assisted living administrator and meets the requirements under § 11306 who submits an application for licensure will be allowed to perform the functions of an administrator for one hundred twenty (120) days under the supervision of another licensed assisted living administrator who is employed by or is under contract with the facility.

History

• SOURCE: Final Rulemaking published at 69 DCR 001337 (February 18, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11311

17 DCMR § 11399 DEFINITIONS

11399.1 As used in this chapter, the following terms have the meanings ascribed:

Act – the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code §§ 3-1201 et seq. (2016 Repl.)).

Assisted Living Administrator – a person licensed or otherwise authorized to practice as an assisted living administrator.

Board - the Board of Long-Term Care Administration, established by § 205 of the Act (D.C. Official Code § 3-1202.05) (2016 Repl.).

Director – the Director of the Department of Health, or the Director’s designee.

LGBTQ continuing education - continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression (“LGBTQ”) meeting the requirements of section 510(b)(5) of the Act (D.C. Official Code § 3-1205.10 (b)(5) (2016 Repl.)).

Licensee – a person licensed to practice assisted living administration in accordance with this chapter.

Requestor – a person seeking continuing education credits in accordance with this chapter.

11399.2 The definitions in § 4099 of chapter 40 of this title are incorporated by reference into and apply to this chapter.

History

• SOURCE: Final Rulemaking published at 69 DCR 001337 (February 18, 2022). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11399

17-116 PROFESSIONAL ART THERAPY

17 DCMR § 11600 GENERAL PROVISIONS

11600.1 This chapter applies to applicants for and holders of a license, as well as other persons authorized under this chapter, to practice professional art therapy or to practice under supervision as a graduate professional art therapist.

11600.2 Chapters 40 (Health Occupations: General Rules) and 41 (Health Occupations: Administrative Procedures) of this title supplement this chapter.

11600.3 No person may practice professional art therapy or practice under supervision as a graduate professional art therapist except as authorized in this chapter.

11600.4 A license to practice under supervision as a graduate professional art therapist shall be granted for a maximum total period of not more than five (5) years.

11600.5 Notwithstanding any provision to the contrary, a person who is practicing professional art therapy or as a graduate professional art therapist on the effective date of this chapter may continue to do so for a period of twelve (12) months from the effective date of the chapter provided that the person seeks and is granted a professional art therapy or graduate professional art therapy license within that time period.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11600

17 DCMR § 11601 TERMS OF LICENSE

11601.1 Subject to § 11601.2, a license issued pursuant to this chapter shall expire at 11:59 p.m. of December 31 of each even-numbered year.

11601.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a license issued pursuant to this chapter shall expire at 11:59 p.m. of the last day of the month of the birthdate of the holder of the license, or other date established by the Director.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11601

17 DCMR § 11602 EDUCATION REQUIREMENTS

11602.1 To qualify for a license issued under this chapter, an applicant shall have completed:

(a) A master’s or doctoral degree from an accredited college or university in a program in art therapy that was either approved by the American Art Therapy Association (“AATA”) or accredited by Commission on Accreditation of Allied Health Education Programs (“CAAHEP”) at the time the degree was conferred; or

(b) A master’s or doctoral degree from an accredited college or university in a program that is substantially equivalent to a program in art therapy approved by AATA or accredited by CAAHEP and meets the requirements of § 11602.2.

11602.2 For the purposes of meeting the requirements of § 11602.1(b), the following shall apply:

(a) A qualifying master’s degree shall consist of at least sixty (60) semester hours, or the equivalent number of quarter or trimester hours converted into semester hours, and include at least seven hundred (700) hours of supervised art therapy practicum or internship, of which at least three hundred and fifty (350) hours shall consist of direct provision of art therapy services to individuals, groups, or families; and

(b) The Board of Professional Counseling (“Board”) has determined that the content of the education program is substantially equivalent to the content of master’s level art therapy program approved by AATA or the accreditation requirements set by CAAHEP.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11602

17 DCMR § 11603 SUPERVISED EXPERIENCE REQUIREMENTS

11603.1 In addition to the educational qualification required by § 11602.1, an applicant for a license to practice as a professional art therapist shall furnish proof satisfactory to the Board, as required by § 11603.3, that the applicant obtained experience in the practice of art therapy that meets the following requirements:

(a) The applicant accrued at least three thousand (3,000) hours of lawful practice of art therapy completed within a period of at least two (2) years under the supervision of a supervisor meeting the requirements of §§ 11603.2 and 11603.3;

(b) At least one thousand (1,000) of the hours referred to in paragraph (a) of this subsection included the practice of art therapy in direct contact with clients;

(c) At least two hundred (200) of the hours referred to in paragraph (a) of this subsection were under immediate supervision and at least one (1) hour of immediate supervision was provided for each fifteen (15) hours of direct contact with clients;

(d) The supervised practice began after the applicant completed the requirements of a master’s degree; and

(e) The applicant’s performance was rated as at least satisfactory by each supervisor.

11603.2 The qualifying supervised practice experience shall be accrued under the supervision of any of the following practitioners:

(a) An Art Therapy Certified Supervisor (“ATCS”) holding a valid and current credential from the Art Therapy Credentials Board, Inc. (“ATCB”);

(b) A Board-Certified Registered Art Therapist (“ATR-BC”) with a valid and current credential from the ATCB with two (2) years of independent clinical practice experience;

(c) A licensed professional art therapist with two (2) years of independent clinical practice experience; or

(d) A licensed mental health practitioner with two (2) years of independent clinical practice experience, provided, however, that at least fifty percent (50%) of the supervised practice experience is obtained from a supervisor enumerated in paragraph (a), (b), or (c).

11603.3 A practitioner referred to in § 11603.2 who provides supervision pursuant to this section shall provide supervision, training, and monitoring appropriate to the supervisee’s level of competence and ability.

11603.4 An applicant for a professional art therapy license shall demonstrate qualifications required under this section by submitting, along with the application, a signed statement from each supervisor who supervised the applicant during the required period of experience which sets forth the following:

(a) The location at which and period of time during which the supervision took place;

(b) The number of hours of the applicant’s practice of professional art therapy;

(c) The number of hours of immediate supervision of the applicant;

(d) The specific nature of and responsibilities included in the applicant’s practice;

(e) A rating of the applicant's performance;

(f) The license number and jurisdiction in which the supervisor was licensed during the supervised period, if a license is required in the jurisdiction;

(g) Evidence that the supervisor meets the requirements of § 11603.2; and

(h) That the supervisor provided supervision, training, and monitoring appropriate to the supervisee’s level of competence and ability.

11603.5 Notwithstanding the requirements of § 11603.2(b), (c), or (d), the Board may approve supervised practice experience despite the supervisor’s lack of two (2) years’ independent clinical practice experience under the following circumstances:

(a) The applicant for license accrued or began accruing their supervised practice experience before the effective date of this chapter; or

(b) The applicant is seeking a license under this chapter by endorsement pursuant to § 11608.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11603

17 DCMR § 11604 APPLICANTS EDUCATED IN A FOREIGN COUNTRY

11604.1 The Board may grant a license to practice professional art therapy to an applicant who completed an educational program in a college or university in a foreign country which is not accredited in accordance with § 11602.1(a) if the applicant meets the following requirements:

(a) The applicant obtained at least a master’s degree in professional art therapy from a college or university approved or recognized by the government of that country;

(b) The applicant’s degree meets the requirement of § 11602.2;

(c) The applicant has accrued at least three thousand (3,000) hours of post-graduate supervised practice experience substantially equivalent to the requirements enumerated in § 11603; and

(d) The applicant has passed the national examination required under § 11605.

11604.2 The Board may grant a license to practice as a graduate professional art therapist to an applicant who completed an educational program in a college or university in a foreign country which is not accredited in accordance with § 11602.1(a) if the applicant meets the requirements of § 11604.1(a), (b), and (d).

11604.3 An applicant under this section who has established that they have practiced professional art therapy safely and lawfully for at least five (5) years in any country may be deemed to meet the requirements of § 11604(b) and (c).

11604.4 The Board may interview an applicant under this section to determine whether the applicant’s education or training meets the requirements of the Act and this chapter.

11604.5 If a document required by this chapter is in a language other than English, an applicant shall arrange for its translation into English by a translation service acceptable to the Board and shall submit a translation signed by the translator attesting to its accuracy.

11604.6 An applicant under this section shall submit an academic evaluation from a reliable assessment organization approved by the Board to establish that the applicant’s education and degree meet the requirements of this section.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11604

17 DCMR § 11605 NATIONAL EXAMINATION

11605.1 To qualify for a professional art therapy license, an applicant shall, in addition to meeting the requirements of §§ 11602 and 11603, receive a passing score on the Art Therapy Credentials Board Examination (“ATCBE”) administered by the ATCB or its successor.

11605.2 To qualify for a graduate professional art therapy license, an applicant shall, in addition to meeting the requirements of § 11602, receive a passing score on the ATCBE administered by the ATCB or its successor.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11605

17 DCMR § 11606 PRACTICE OF PROFESSIONAL ART THERAPY BY STUDENTS

11606.1 A student whose practice fulfills their education requirements as part of an art therapy practicum or internship completed at an accredited college or university shall only practice professional art therapy in accordance with this section under the general or immediate supervision of a qualified supervisor enumerated under § 11603.2.

11606.2 A student under supervision shall identify himself or herself as a student at all times when engaging in the practice of professional art therapy and shall not engage in the practice of professional art therapy independent of supervision.

11606.3 A supervisor shall be responsible for all supervised practice by a student during the period of supervision and may be subject to disciplinary action for any violation of the Act or this chapter by the student.

11606.4 A student may be subject to disciplinary action for any violation of the Act or this chapter and may be denied a license after graduation.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11606

17 DCMR § 11607 REQUIREMENTS FOR THE PRACTICE OF A GRADUATE PROFESSIONAL ART THERAPIST

11607.1 A person seeking to accrue supervised practice experience in the District of Columbia, required pursuant to § 11603, may only do so as a graduate professional art therapist licensed under this section.

11607.2 To qualify for a license as a graduate professional art therapist, an applicant shall meet the requirements of §§ 11602 and 11605 or, in the case of an applicant educated in a foreign country, § 11604.1(a), (b), and (d).

11607.3 A graduate professional art therapist may not practice independently or without supervision by a supervisor meeting the requirement of § 11607.4. A graduate professional art therapist shall not commit any act or omission that may give or lead to the impression that they are practicing professional art therapy independently or without supervision.

11607.4 Only a person meeting the requirements of § 11603.2 and holding a current and valid license to practice the applicable profession referred to in § 11603.2 in the District may provide supervision to a licensed graduate professional art therapist in the District.

11607.5 The supervisor of a graduate professional art therapist shall:

(a) Ensure that the supervisee practices within the scope of their license;

(b) Determine the skill level at which the supervisee may practice; and

(c) Maintain records of the supervision for at least five (5) years.

11607.6 Both the supervisor and the supervisee shall ensure that the client is informed of the supervision and consents to the sharing of clinical information or the recording of the therapy session.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11607

17 DCMR § 11608 LICENSURE BY ENDORSEMENT

11608.1 The Board shall license an applicant as a professional art therapist or a licensed graduate professional art therapist if the applicant:

(a) Meets the requirements set forth in D.C. Official Code § 3-1205.01 et seq.;

(b) Holds a license to practice professional art therapy or graduate professional art therapy in another state based on licensing requirements that are substantially equivalent to the requirements of this chapter, as determined by the Board; and

(c) Has a licensure history with continuous good standing in all jurisdictions where the applicant holds or has held a license to practice professional art therapy or graduate professional art therapy; provided, that the Board may grant a license to an applicant who does not meet this requirement if the Board determines that the District’s public interest is served by so doing.

11608.2 Notwithstanding the provisions of § 11608.1(b), the Board may grant a professional art therapy license to an endorsement applicant whose supervised practice experience did not meet the requirement of § 11603.2 if the applicant has practiced professional art therapy independently for at least five (5) years in any jurisdiction.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11608

17 DCMR § 11609 CONTINUING EDUCATION REQUIREMENTS

11609.1 This section applies to applicants for the renewal, reactivation, or reinstatement of a license but does not apply to applicants seeking to renew the license for the first time after the initial grant of the license.

11609.2 A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 11610.

11609.3 To qualify for the renewal of a license, an applicant shall have completed forty (40) hours of approved continuing education meeting the requirements below during the two-year (2) period before the license expires:

(a) At least six (6) hours shall be in ethics;

(b) At least two (2) hours shall be LGBTQ continuing education; and

(c) At least ten percent (10%) of the total required hours shall be in subjects determined by the Director as public health priorities of the District, which shall be published every five (5) years or as deemed necessary.

11609.4 To qualify for the reinstatement of a license, an applicant shall have completed twenty (20) hours of approved continuing education for each year that the license has expired, provided that any period of less than one (1) year shall be rounded up to one (1) year, subject to the following:

(a) An applicant who establishes that they possessed and maintained, during the period of District license expiration, a license to practice professional art therapy in good standing in another jurisdiction shall be deemed to have met the requirement of this subsection; and

(b) The exemption for first renewal after initial licensure pursuant to § 11609.1 does not apply to an applicant under this subsection.

11609.5 To qualify for the reactivation of a license, an applicant in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11) shall meet one (1) of the following requirements:

(a) The applicant has held a license in good standing and practiced professional art therapy pursuant to that license in another state or jurisdiction;

(b) The applicant holds a current credential as ATR-BC issued by the ATCB; or

(c) The applicant has completed, no more than twenty-four (24) months before the date of the reactivation application, forty (40) hours of approved continuing education which include six (6) hours of ethics.

11609.6 The Board may, as it deems appropriate, conduct an audit of active licensees to determine compliance with the continuing education requirements.

11609.7 Upon notification by the Board that a licensee has been selected for an audit, the licensee shall submit proof of their compliance with the continuing education requirements pursuant to § 11609.3 within thirty (30) days after receipt of the notice.

11609.8 A licensee who fails to provide proof of continuing education compliance during an audit may be subject to another audit in the subsequent renewal.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11609

17 DCMR § 11610 APPROVAL OF CONTINUING EDUCATION

11610.1 The Board may, at its discretion, approve a continuing education program or activity that:

(a) Contributes to the growth of an applicant in professional competence in the practice of professional art therapy;

(b) Is current in its subject matter; and

(c) Meets the other requirements of this section.

11610.2 The Board may approve the following type of continuing education program, if the program meets the requirements of §§ 11610.1 and 11610.4:

(a) A graduate course given at an accredited college or university;

(b) A seminar or workshop, whether a part of a conference or offered individually;

(c) In-service training; and

(d) A formally organized self-directed learning activity such as distance learning or home self-paced study activity.

11610.3 The Board may approve the following type of activity if it meets the requirements of § 11610.1:

(a) Serving as a speaker at a conference, seminar, workshop, or in-service training;

(b) Publishing an article in a peer-reviewed professional journal;

(c) Publishing or editing a book or a chapter in a book;

(d) Publishing a book review in a professional journal or bulletin;

(e) Developing and teaching a new graduate or undergraduate course, seminar, or workshop;

(f) Having a work of art accepted and displayed in a juried art exhibition; or

(g) Participating in individualized learning through the immediate supervision of a professional counselor, psychologist, psychiatrist, or independent clinical social worker licensed in a jurisdiction of the United States.

11610.4 In addition to meeting the requirements of § 11610.1, a continuing education program enumerated in § 11610.2 shall be developed and taught or presented by qualified individuals.

11610.5 A program offered, sponsored, or approved by the following organizations shall be deemed approved by the Board provided that it meets the requirement of § 11610.4:

(a) A national mental or behavioral health professional organization such as AATA, the American Counseling Association, the American Mental Health Counselors Association, the American Association for Marriage and Family Therapy, the National Association of Social Workers, the American Psychological Association, the Association for Addiction Professionals, the American School Counselor Association, the Association for Play and Art Therapy, or the American Psychiatric Association;

(b) A national association of state mental or behavioral health regulatory boards such as the American Association of State Counseling Boards, the Association of Social Work Boards, the Association of Marriage and Family Therapy Regulatory Boards, or the Association of State and Provincial Psychology Boards;

(c) A state mental or behavioral health licensing or regulatory board or entity;

(d) A local or state chapter or organization of a national mental or behavioral health professional association, such as the District of Columbia Psychological Association; or

(e) A national mental or behavioral health certification organization, such as, ATCB, the National Board for Certified Counselors, or the Commission on Rehabilitation Counselor Certification.

11610.6 Sufficient proof of completion of approvable continuing education programs listed in § 11610.2 shall provide clear, verifiable details of the following:

(a) The identity of the program offeror, sponsor, and instructor;

(b) The date and time of the program presentation or completion;

(c) The amount of time of the presentation or completion of an activity listed in § 11610.3(e) or (f); and

(d) The identity of the person completing or attending the program.

11610.7 Sufficient proof of approvable continuing education activity listed in §11610.3 shall include:

(a) For service as a speaker, official confirmation and description of the session presented;

(b) For publication pursuant to § 11610.3(b), (c), or (d), evidence of publication detail such as date and issue number, along with an attestation from the author stating the number of credits claimed;

(c) For an activity under § 11610.3(e) or (f), objective evidence of the activity from the entity or organization involved; or

(d) For individualized learning pursuant to § 11610.3(g), attestation from both the supervisor and the supervisee that includes sufficient details of the subject, scope, objective, length of time, and manner of supervision.

11610.8 The Board may review and approve a continuing education program or activity sponsored or offered by any other entity or organization not listed in § 11610.5 if the sponsor or offeror submits sufficient detailed information about the proposed program or activity with sufficient time available for the Board’s review.

11610.9 The Board may grant continuing education credit for the following voluntary leadership positions:

(a) Officer of a state or national professional art therapy organization;

(b) Member of a state professional art therapy regulatory board or a national ethics disciplinary review committee rendering credentials;

(c) Active member of a professional art therapy committee producing a substantial written product;

(d) Chair of a major professional art therapy conference or convention; or

(e) Other leadership position with justifiable professional learning experience.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11610

17 DCMR § 11611 CONTINUING EDUCATION CREDITS

11611.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour.

11611.2 Continuing education credit may be granted for a program or activity occurring or completed during the licensure term for which the credit is sought.

11611.3 The Board may grant ten (10) hours of continuing education credit for each semester credit hour of a graduate course completed in accordance with § 11610.2(a). The maximum credits that may be granted under this subsection shall not exceed twenty (20) hours per licensure term.

11611.4 The Board may grant a maximum of fifteen (15) continuing education hours per licensure term to an applicant who attends in-service training identified in § 11610.2(c).

11611.5 The Board may grant continuing education credits for a program identified in 11610.3(a) in accordance with the following provisions:

(a) A speaker or presenter may be granted credit for both preparation and presentation time;

(b) The maximum credit that may be granted for all such activities may not exceed ten (10) hours for each licensure term; and

(c) A speaker or presenter who has previously received credit for a presentation may not receive credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject.

11611.6 The Board may grant continuing education credit under § 11610.3(b), (c), or (d) only if the applicant proves to the satisfaction of the Board that the work has been published or accepted for publication during the period for which the credit is claimed. The maximum credit that may be granted for these activities is eighteen (18) hours.

11611.7 The Board may grant a maximum of eight (8) continuing education hours per licensure term for an activity approved pursuant to § 11610.3(e).

11611.8 The Board may grant a maximum of ten (10) continuing education hours per licensure term for an activity approved pursuant to § 11610.3(f) provided further that only one (1) such show or exhibit may be approved for continuing education credit for each licensure term.

11611.9 The Board may grant a maximum of ten (10) continuing education hours per licensure term for activities approved pursuant to § 11610.3(g).

11611.10 The Board may grant a maximum of ten (10) continuing education hours per licensure term for an activity approved pursuant to § 11610.9; provided, that the maximum of ten (10) continuing education hours per licensure term may be granted only if the service in the voluntary leadership position lasted at least one (1) year.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11611

17 DCMR § 11612 STANDARDS OF CONDUCT

11612.1 A practitioner of professional art therapy shall comply with the then-current standards of ethical and professional conduct as set out in the Code of Ethics, Conduct, and Disciplinary Procedures of the ATCB and the Ethical Principles for Art Therapists, adopted by the AATA.

11612.2 A practitioner shall provide in an initial meeting with a client an informed consent form, to be signed by both parties, which shall notify the client of their rights and the risks involved during the therapy.

11612.3 The following documentation shall be maintained for each session between a practitioner and the client:

(a) The name of each person or persons present;

(b) The date of the session;

(c) The times the session began and ended;

(d) The issues presented (including assessment and history as appropriate);

(e) The risks presented; and

(f) The risks assessed.

11612.4 A practitioner shall comply with D.C. Official Code § 7-1201.01 et seq. and maintain the privacy and confidentiality of a client and a client’s records, including session documentation and all verbal or artistic expression occurring within the client-therapist relationship. A practitioner shall not disclose confidential information without the explicit written consent of the client, or the client’s parent or guardian as applicable, unless mandated by law or a court order.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11612

17 DCMR § 11613 PRACTICE OF PROFESSIONAL ART THERAPY BY TELEHEALTH

11613.1 A practitioner may engage in the practice of professional art therapy by telehealth in accordance with this section if the practitioner can maintain an effective standard of care in the same way as if the practitioner and the client were together in the same physical location.

11613.2 A practitioner seeking to provide professional art therapy by telehealth to a client located in the District must have a current, valid license issued pursuant to this chapter.

11613.3 Before providing art therapy through telehealth, the practitioner shall establish competence in the use of telehealth that conforms to the prevailing standard of practice and professional knowledge.

11613.4 A practitioner engaging in the practice of professional art therapy by telehealth shall determine that the client is sufficiently informed in the use of technology and has adequate access to the technology used.

11613.5 A practitioner who engages in the continued practice of professional art therapy by telehealth shall maintain competence in the use of telehealth through continuing education, consultation, or other procedures designed to address changes in technology used in telehealth.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11613

17 DCMR § 11699 DEFINITIONS

11699.1 When used in these regulations, the following terms shall have the following meanings ascribed:

General supervision - supervision in which the supervisor is available to the person supervised, either in person or by a communications device.

Home self-paced study - independent study that is not evaluated by a formal process documenting a minimum mastery of materials and the completion of which is not formally verified.

Immediate supervision - supervision in which the supervisor is present in real-time either physically or virtually (by means of telecommunications technology) with the person supervised and either discussing or observing the person's practice.

LGBTQ continuing education - continuing education focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, or queer, or question their sexual orientation or gender identity or expression and meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 3-1205.10(b)(5)).

Licensed mental health practitioner - a person authorized to practice, on an independent basis, professional counseling, marriage and family therapy, psychology, social work, or psychiatry in a state or jurisdiction in the United States.

Practitioner - any person authorized to practice professional art therapy pursuant to this chapter, whether pursuant to a professional art therapy or graduate professional therapy license or in accordance with other authorization as enumerated in this chapter.

Telehealth - the provision of client care, treatment, or services while the practitioner is physically in one location and the client is in another location, with or without an intervening healthcare provider, through the use of information and communication technology, subject to the existing standards of care and conduct.

History

• SOURCE: Final Rulemaking published at 70 DCR 011154 (August 18, 2023). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 11699

17-121 HIGH NEED HEALTHCARE CAREER SCHOLARSHIPS AND SUPPORTS PROGRAM

17 DCMR § 12100 PURPOSE

12100.1 The purpose of this chapter is to implement the High-Need Healthcare Career Scholarships and Supports Program (“Program”), which is authorized by the High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-313; D.C. Official Code § 7-791.01 et seq.).

12100.2 The purpose of the Program is to increase the number of healthcare workers in high-need healthcare careers in the District by providing supports and services to individuals who agree to serve as such workers in the District.

12100.3 Under the Program, the Department may, pursuant to the provisions of this Chapter, pay for expenses incurred by:

(a) Program participants to obtain credentials to serve as healthcare workers in designated high-need healthcare careers, including the costs of education, training, transportation, and examinations; and

(c) Approved educational institutions and training programs for providing education and training to Program participants.

History

• SOURCE: Final Rulemaking published at 71 DCR 015078 (December 13, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 12100

17 DCMR § 12101 HIGH-NEED HEALTHCARE CAREERS

12101.1 The following healthcare careers are designated as high-need healthcare careers for the purposes of the Program:

(a) Home health aide;

(b) Certified nurse aide;

(c) Emergency medical technician;

(d) Advanced emergency medical technician;

(e) Paramedic.

History

• SOURCE: Final Rulemaking published at 71 DCR 015078 (December 13, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 12101

17 DCMR § 12102 ELIGIBILITY AND SELECTION CRITERIA FOR PROGRAM APPLICANTS; PARTICIPANT CONTRACTS

12102.1 To be eligible to participate in the Program, an applicant shall:

(a) Be a citizen or permanent resident of the United States;

(b) Meet the admission requirements for a participating educational institution or training program; and

(c) Be recommended for participation by a participating educational institution or training program based on the selection criteria enumerated in §§ 12103.2 and 12103.3.

12102.2 Applicants shall be selected for participation in the Program based on the following criteria:

(a) The applicant’s relevant experience;

(b) The applicant’s ability to successfully complete the necessary education, training, examination, and licensing, certification, or registration requirements to serve as a healthcare worker in a designated high-need healthcare career, which may be assessed based on a review of the applicant’s history including previous education and experience;

(c) The applicant’s ability to serve successfully as a healthcare worker in a designated high-need healthcare career, which may be assessed based on the applicant’s work history and fitness for the intended healthcare provider role; and

(d) The applicant’s commitment to serve in the District for at least two (2) years following their licensure, registration, or certification as a healthcare worker in a designated high-need healthcare career.

12102.3 Applicants may receive preferential consideration for any of the following selection criteria:

(a) Current residence in the District;

(b) Commitment to enroll or enrollment in an educational institution or program located in the District;

(c) Current residence in a Health Professional Shortage Area or Medically Underserved Area as defined in D.C. Official Code § 7-751.01(4) and (5);

(d) Being immediately eligible and available for education or training;

(e) Commitment to serving for more than two (2) years in the District as a healthcare worker in a designated high-need healthcare career;

(f) Fluency in Spanish, Chinese, Vietnamese, Korean, French, or Amharic; or

(g) A demonstrated desire to reside in the District.

12102.4 Each applicant selected to participate in the Program shall enter into a contract with the District, prior to and as a condition for the transfer of scholarship funds, agreeing to:

(a) Complete the necessary education, training, and examinations to become a healthcare worker in the District in a designated high-need healthcare career;

(b) Seek to obtain licensure, registration, or certification in the District immediately after completing the necessary education, training, and examinations;

(c) Serve a minimum of two (2) years in the District as a healthcare worker in a designated high-need healthcare career; and

(d) Provide information and reports on the applicant’s participation in the Program as may be required by the District during the applicant’s participation in the Program. For the purposes of this provision, the applicant’s two (2)-year period of healthcare worker service in the District shall be considered part of the applicant’s participation in the Program.

12102.5 The contract required by § 12103.4 shall provide the District of Columbia with specific remedies to recoup scholarship funds and supports provided on behalf of a Program participant if a Program participant breaches the contract and shall include the District’s general right to enforce the contract in law or equity.

History

• SOURCE: Final Rulemaking published at 71 DCR 015078 (December 13, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 12102

17 DCMR § 12103 ELIGIBILITY AND SELECTION CRITERIA FOR PARTICIPATING EDUCATIONAL INSTITUTIONS AND TRAINING PROGRAMS; PROVIDER CONTRACTS

12103.1 To be eligible to participate in the Program, an educational institution or training program shall be:

(a) Licensed to operate and in good standing in the District or another state; and

(b) Compliant with the reporting requirements under § 12101.4.

12103.2 For purposes of determining that an educational institution or training program is in good standing, the following shall apply:

(a) An emergency medical service educational institution shall have a National Registry of Emergency Medical Technicians (NREMT) cognitive examination first attempt pass rate of at least eighty percent (80%) in the year immediately preceding the application; and

(b) A nursing assistive personnel training program in the District shall have the status of full approval or no less than Level 1 conditional approval for the year immediately preceding the application.

12103.3 An educational institution or training program shall be competitively selected by the Director to participate in the Program based upon the following selection criteria:

(a) The number of years the educational institution or training program has successfully provided education and training in the healthcare sector and in designated high-need healthcare careers;

(b) The quality of the education and training provided by the educational institution or training program, which shall include consideration of:

(1) The percentage of students that successfully graduated from the educational institution or completed the training program; and

(2) The percentage of students that passed the required examinations for a license, certification, or registration to serve as a healthcare worker; and

(c) The educational institution or training program’s commitment to train individuals for high-need healthcare careers.

12103.4 An educational institution or training program physically located in the District shall receive preferential consideration in the selection process.

12103.5 Each educational institution or training program selected to participate in the Program shall enter into a contract with the District of Columbia, prior to and as a condition for the transfer of funds, agreeing to:

(a) Educate or train Program participants in a designated high-need healthcare career;

(b) Assist Program participants with registering for, studying for, and sitting for required examinations;

(c) Pay the examination fees necessary for each Program participant’s licensure, registration, or certification in a high-need healthcare career;

(d) Assist Program participants in submitting applications for their licensure, registration, or certification in high-need healthcare careers; and

(e) Submit reports and information regarding the educational institution or training program’s participation in the Program as may be required by the Director.

12103.6 The contract required by § 12104.5 shall provide the District with specific remedies to recoup funds provided to an educational institution or training program if an educational institution or training program breaches the contract, and shall include the District’s general right to enforce the contract in law or equity.

History

• SOURCE: Final Rulemaking published at 71 DCR 015078 (December 13, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 12103

17 DCMR § 12199 DEFINITIONS

12199.1 As used in this chapter, the following terms have the meanings ascribed:

Designated high-need healthcare career – a healthcare career designated in § 12102.1

Director – the Director of the Department of Health or the Director’s designee.

Emergency medical service educational institution – an educational institution providing emergency medical service education and training in accordance with 29 DCMR § 527.

Educational institution – an emergency medical service educational institution or any other educational institution providing education and training for healthcare workers or prospective healthcare workers.

Nursing assistive personnel training program – a training program offering education and training for persons seeking to be registered or certified to perform patient care tasks pursuant to D.C. Official Code § 3-1209.07.

Program – the High-Need Healthcare Career Scholarships and Supports Program.

History

• SOURCE: Final Rulemaking published at 71 DCR 015078 (December 13, 2024). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 12199