reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter X - Prohibited Acts; Penalties; Injunctions › § 3–1210.01. Practicing without license, registration, or certification

§ 3–1210.01. Practicing without license, registration, or certification.
No person shall practice, attempt to practice, or offer to practice a health occupation licensed, registered, certified, or regulated under this chapter in the District unless currently licensed, registered, or certified, or exempted from licensure, registration, or certification, under this chapter.
(Mar. 25, 1986, D.C. Law 6-99, § 1001, 33 DCR 729; July 18, 2009, D.C. Law 18-26, § 2(g), 56 DCR 4043.)
Prior Codifications
1981 Ed., § 2-3310.1.
Effect of Amendments
D.C. Law 18-26 rewrote the section, which had read as follows: “No person shall practice, attempt to practice, or offer to practice a health occupation licensed or regulated under this chapter in the District unless currently licensed, or exempted from licensing, under this chapter.”
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(g) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter X - Prohibited Acts; Penalties; Injunctions › § 3–1210.02. Misrepresentation

§ 3–1210.02. Misrepresentation.
Unless authorized to practice a health occupation under this chapter, a person shall not represent to the public by title, description of services, methods, or procedures, or otherwise that the person is authorized to practice the health occupation in the District.
(Mar. 25, 1986, D.C. Law 6-99, § 1002, 33 DCR 729.)
Prior Codifications
1981 Ed., § 2-3310.2.
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter X - Prohibited Acts; Penalties; Injunctions › § 3–1210.04. Filing false document or evidence; false statements

§ 3–1210.04. Filing false document or evidence; false statements.
(a) No person shall file or attempt to file with any board or the Mayor any statement, diploma, certificate, credential, or other evidence if the person knows, or should know, that it is false or misleading.
(b) No person shall knowingly make a false statement that is in fact material under oath or affirmation administered by any board or hearing officer.
(Mar. 25, 1986, D.C. Law 6-99, § 1004, 33 DCR 729.)
Prior Codifications
1981 Ed., § 2-3310.4.
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter X - Prohibited Acts; Penalties; Injunctions › § 3–1210.05. Fraudulent sale, obtaining, or furnishing of documents

§ 3–1210.05. Fraudulent sale, obtaining, or furnishing of documents.
No person shall sell or fraudulently obtain or furnish any diploma, license, certificate or registration, record, or other document required by this chapter, by any board, or by the Mayor.
(Mar. 25, 1986, D.C. Law 6-99, § 1005, 33 DCR 729.)
Prior Codifications
1981 Ed., § 2-3310.5.
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter X - Prohibited Acts; Penalties; Injunctions › § 3–1210.06. Restrictions relating to pharmacies

§ 3–1210.06. Restrictions relating to pharmacies.
(a) Nothing in this chapter regulating the practice of pharmacy shall be construed as altering or affecting in any way District or federal laws requiring a written prescription for controlled substances or other dangerous drugs.
(b)(1) No pharmacist shall supervise more than 1 pharmacy intern at a time without prior approval of the Board of Pharmacy.
(2) No one other than a licensed pharmacist shall receive an oral prescription for Schedule II controlled substances.
(3) It shall be unlawful for a pharmacy intern to compound or dispense any drug by prescription in the District except while in the presence of and under the immediate supervision of a pharmacist.
(4) Any person engaging in the practice of pharmacy as a pharmacy intern shall register with the Mayor and shall comply with the applicable provisions of this chapter and subpart C of subchapter IV of Chapter 28 of Title 47.
(c) Consistent with maintaining patient safety, no pharmacist shall supervise more pharmacy technicians and trainees than he or she can safely supervise. The pharmacist shall be fully responsible for the practice of each technician and trainee during the period of supervision and may be subject to disciplinary action for any violation of this chapter by a technician or trainee he or she supervises.
(Mar. 25, 1986, D.C. Law 6-99, § 1006, 33 DCR 729; May 1, 2013, D.C. Law 19-303, § 2(f), 60 DCR 2711.)
Prior Codifications
1981 Ed., § 2-3310.6.
Effect of Amendments
The 2013 amendment by D.C. Law 19-303 added (c).
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter X - Prohibited Acts; Penalties; Injunctions › § 3–1210.07. Criminal penalties

§ 3–1210.07. Criminal penalties.
(a) Any person who violates any provision of this chapter shall, upon conviction, be subject to imprisonment not to exceed 1 year, or a fine not to exceed $10,000, or both.
(b) Any person who has been previously convicted under this chapter shall, upon conviction, be subject to imprisonment not to exceed 1 year, or a fine not to exceed $25,000, or both.
(Mar. 25, 1986, D.C. Law 6-99, § 1007, 33 DCR 729; Mar. 23, 1995, D.C. Law 10-247, § 2(z), 42 DCR 457.)
Prior Codifications
1981 Ed., § 2-3310.7.
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter X - Prohibited Acts; Penalties; Injunctions › § 3–1210.08. Prosecutions

§ 3–1210.08. Prosecutions.
(a) Prosecutions for violations of this chapter shall be brought in the name of the District of Columbia by the Office of the Attorney General for the District of Columbia.
(b) In any prosecution brought under this chapter, any person claiming an exemption from licensure, registration, or certification under this chapter shall have the burden of providing entitlement to the exemption.
(Mar. 25, 1986, D.C. Law 6-99, § 1008, 33 DCR 729; Mar. 23, 1995, D.C. Law 10-247, § 2(aa), 42 DCR 457; July 18, 2009, D.C. Law 18-26, § 2(i), 56 DCR 4043.)
Prior Codifications
1981 Ed., § 2-3310.8.
Effect of Amendments
D.C. Law 18-26, in subsec. (a), substituted “Office of the Attorney General for the District of Columbia” for “Corporation Counsel”; and, in subsec. (b), substituted “from licensure, registration, or certification” for “from licensing”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(i) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter X - Prohibited Acts; Penalties; Injunctions › § 3–1210.09. Alternative sanctions

§ 3–1210.09. Alternative sanctions.
Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2.
(Mar. 25, 1986, D.C. Law 6-99, § 1009, 33 DCR 729.)
Prior Codifications
1981 Ed., § 2-3310.9.
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter X - Prohibited Acts; Penalties; Injunctions › § 3–1210.10. Injunctions

§ 3–1210.10. Injunctions.
(a) The Office of the Attorney General for the District of Columbia may bring an action in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin the unlawful practice of any health occupation or any other action which is grounds for the imposition of a criminal penalty or disciplinary action under this chapter.
(b) The Attorney General may bring an action in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin the unlawful sale of drugs or the unlawful trade practice or unlawful operation of a pharmacy, nursing home, community residential facility, or any other establishment purporting to provide health services.
(c) Remedies under this section are in addition to criminal prosecution or any disciplinary action by a board.
(d) In any proceeding under this section, it shall not be necessary to prove that any person is individually injured by the action or actions alleged.
(Mar. 25, 1986, D.C. Law 6-99, § 1010, 33 DCR 729; July 18, 2009, D.C. Law 18-26, § 2(j), 56 DCR 4043; Mar. 16, 2021, D.C. Law 23-205, § 3(l), 68 DCR 000769.)
Prior Codifications
1981 Ed., § 2-3310.10.
Effect of Amendments
D.C. Law 18-26, in subsec. (a), substituted “The Office of the Attorney General for the District of Columbia may bring an action” for “The Corporation Counsel may bring an action”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(j) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter X - Prohibited Acts; Penalties; Injunctions › § 3–1210.11. Patient or client records

§ 3–1210.11. Patient or client records.
(a) Upon written request from a patient or client, or person authorized to have access to the patient's personal medical record under a health care power of attorney for the patient or client, a health care entity having custody and control of the patient's or client's personal medical record shall furnish a complete and current copy of that personal medical record. If the patient or client is deceased, the request may be made by:
(1) Repealed.
(2) The executor for the decedent’s estate;
(3) The temporary executor for the decedent’s estate;
(4) The administrator for the decedent’s estate;
(5) The temporary administrator for the decedent’s estate; or
(6) Any survivor of the decedent or other persons involved in the decedent's health care or payment prior to the decedent's death, unless doing so would be inconsistent with any expressed preference of the decedent that is known to the health care entity.
(b)(1) A health care entity may require the patient or client, a person authorized to have access to the patient's or client's record under a health care power of attorney for the patient or client, or, if the patient or client is deceased, a person listed under subsection (a) of this section, to pay a reasonable fee for copying, as determined by the board through rulemaking.
(2) A health care entity shall not charge a person authorized to have access to a patient's or client's personal medical record under a health care power of attorney for the patient or client or, if the patient or client is deceased, a person listed under subsection (a) of this section, a fee different than the one the health care entity would charge the patient or client.
(c) Medical records shall be maintained for a minimum period of 5 years from the date of last contact for an adult and a minimum period of 5 years after a minor reaches the age of majority.
(d) For purposes of this section, the term "health care entity" means a health care provider or a business associate as defined in 45 C.F.R. § 160.103.
(Mar. 25, 1986, D.C. Law 6-99, § 1011; as added July 18, 2009, D.C. Law 18-26, § 2(k), 56 DCR 4043; Mar. 10, 2023, D.C. Law 24-290, § 2(c), 70 DCR 553.)
Cross References
Durable power of attorney for health care, see § 21-2205.
Emergency Legislation
For temporary (90 day) addition, see § 2(k) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter XII - Transitional Provisions › § 3–1212.01. Transfer of personnel, records, property, and funds

§ 3–1212.01. Transfer of personnel, records, property, and funds.
(a) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Dental Examiners are transferred to the Board of Dentistry established by this chapter.
(b) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Commission on Licensure to Practice the Healing Arts are transferred to the Board of Medicine established by this chapter.
(c) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Nurses’ Examining Board are transferred to the Board of Nursing established by this chapter.
(d) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Examiners for Nursing Home Administrators are transferred to the Board of Nursing Home Administration established by this chapter.
(e) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Occupational Therapy Practice are transferred to the Board of Occupational Therapy established by this chapter.
(f) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Optometry are transferred to the Board of Optometry established by this chapter.
(g) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Physical Therapists Examining Board are transferred to the Board of Physical Therapy established by this chapter.
(h) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Pharmacy are transferred to the Board of Pharmacy established by this chapter.
(i) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Podiatry Examiners are transferred to the Board of Podiatry established by this chapter.
(j) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Psychologist Examiners are transferred to the Board of Psychology established by this chapter.
(Mar. 25, 1986, D.C. Law 6-99, § 1201, 33 DCR 729.)
Prior Codifications
1981 Ed., § 2-3311.1.
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter XII - Transitional Provisions › § 3–1212.02. Members of boards abolished

§ 3–1212.02. Members of boards abolished.
Members of boards or commissions abolished by section 1104 shall serve as members of the successor boards to which their functions are transferred until the expiration of their terms or the appointment of their successors, whichever occurs first.
(Mar. 25, 1986, D.C. Law 6-99, § 1202, 33 DCR 729; Apr. 30, 1988, D.C. Law 7-104, § 26(a), 35 DCR 147.)
Prior Codifications
1981 Ed., § 2-3311.2.
References in Text
“Section 1104”, referred to near the beginning of the section, is § 1104 of D.C. Law 6-99, which repealed Chapters 12, 17, 18, and 22 of Title 2 Chapters 21, 23, 24, and 26 of Title 3, 2001 Ed. and §§ 2-1301 to 2-1343 [§§ 3-2901 to 3-2943, 2001 Ed.].
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter XII - Transitional Provisions › § 3–1212.03. Pending actions and proceedings; existing rules and orders

§ 3–1212.03. Pending actions and proceedings; existing rules and orders.
(a) No suit, action, or other judicial proceeding lawfully commenced by or against any board or commission specified in section 1104, or against any member, officer or employee of the board or commission in the official capacity of the officer or employee, shall abate by reason of the taking effect of this chapter, but the court or agency, unless it determines that survival of the suit, action, or other proceeding is not necessary for purposes of settlement of the question involved, shall allow the suit, action, or other proceeding to be maintained, with substitutions as to parties as are appropriate.
(b) No disciplinary action against a health professional or other administrative action or proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this chapter, but the action or proceeding shall be continued with substitutions as to parties and officers or agencies as are appropriate.
(c) Except as otherwise provided in this chapter, all rules and orders promulgated by the boards abolished by this act shall continue in effect and shall apply to their successor boards until the rules or orders are repealed or superseded.
(Mar. 25, 1986, D.C. Law 6-99, § 1203, 33 DCR 729; Apr. 30, 1988, D.C. Law 7-104, § 26(b), 35 DCR 147.)
Prior Codifications
1981 Ed., § 2-3311.3.
References in Text
“Section 1104”, referred to near the beginning of subsection (a), is § 1104 of D.C. Law 6-99, which repealed Chapters 12, 17, 18, and 22 of Title 2 [Chapters 21, 23, 24, and 26 of Title 3, 2001 Ed.] and § 2-1301 to 2-1343 [§§ 3-2901 to 3-2943, 2001 Ed.]. “This act”, referred to near the middle of subsection (c), is D.C. Law 6-99.
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter XII - Transitional Provisions › § 3–1212.04. Physical therapy assistants; references thereto

§ 3–1212.04. Physical therapy assistants; references thereto.
For a period of 12 months following March 6, 2007, all references to a physical therapy assistant shall be deemed to refer to a person meeting the requirements for licensure in the District, regardless of whether that person is licensed in fact.
(Mar. 25, 1986, D.C. Law 6-99, § 1204; as added Mar. 6, 2007, D.C. Law 16-220, § 2(f), 53 DCR 10216.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter XII - Transitional Provisions › § 3–1212.05. Individuals already practicing

§ 3–1212.05. Individuals already practicing.
An individual who was engaged in practice as an assisted living administrator, athletic trainer, home health care administrator, personal fitness trainer, veterinary technician, veterinary euthanasia technician, audiology assistant, speech-language pathology assistant, or a speech-language pathology clinical fellow before March 26, 2014, may engage in that practice, regardless of whether that person is licensed, for a period of one year following March 26, 2014.
(Mar. 25, 1986, D.C. Law 6-99, § 1205; as added Mar. 26, 2014, D.C. Law 20-96, § 102(t), 61 DCR 1184.)
Effect of Amendments
The 2014 amendment by D.C. Law 20-96 added this section.
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter XIII - Appropriations › § 3–1213.01. Appropriations

§ 3–1213.01. Appropriations.
(a) Funds may be appropriated to carry out the purposes of this chapter.
(b) Repealed.
(Mar. 25, 1986, D.C. Law 6-99, § 1301, 33 DCR 729; Mar. 10, 2004, D.C. Law 15-88, § 2(k), 50 DCR 10999; Aug. 16, 2008, D.C. Law 17-219, § 7048, 55 DCR 7598.)
Prior Codifications
1981 Ed., § 2-3312.1.
Effect of Amendments
D.C. Law 15-88 redesignated the existing section as subsec. (a); and added subsec. (b).
D.C. Law 17-219 repealed subsec. (b), which had read as follows: “(b) All provisions pertaining to marriage and family therapy added by the Marriage and Family Therapy Amendment Act of 2003, effective May 10, 2004, D.C. Law 15-88, 50 DCR 10999, shall be subject to the availability of appropriations.”
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.01. Definitions

§ 3–1251.01. Definitions.
(a) For the purposes of this chapter, the term:
(1) “Board” means the District of Columbia Board of Nursing.
(2) “Committee” means the Committee on Impaired Nurses.
(3) “Contract” means a written agreement between the impaired nurse and the Committee providing the terms and conditions of the nurse’s participation in the Program.
(4) “Disciplinary action” means any proceeding which may lead to a fine or probation, or to reprimand, restriction, revocation, suspension, denial or other order relating to the licensure or certification of a nurse by the Board of Nursing.
(5) “Impaired nurse” means a nurse who is unable to perform his or her professional responsibilities due to drug or alcohol dependency or mental illness.
(6) “Licensed Nurse” means an advanced practice registered nurse, a registered nurse, or a licensed practical nurse.
(7) “Program” means the treatment and rehabilitation program for impaired nurses described in this chapter. Program shall also refer to the facility where program services shall be provided.
(8) “Provider” means an experienced and licensed, registered, or certified individual approved by the Board.
(9) “Treatment facility” means a facility for the treatment of impairments that meets the certification requirements of the District of Columbia’s Department of Health, the Joint Commission on the Accreditation of Health Care Organizations, the Commission on the Accreditation of Rehabilitation Facilities, or other accrediting body approved by the Board.
(May 1, 2001, D.C. Law 13-297, § 2, 48 DCR 2036.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.02. Formation of Committee on Impaired Nurses

§ 3–1251.02. Formation of Committee on Impaired Nurses.
(a) A Committee on Impaired Nurses is established to supervise operation of the Program. The Committee shall be composed of 5 nurses licensed in the District of Columbia who shall be appointed by the Board. The Board may establish additional committees as may be necessary to perform the functions described in this chapter.
(b) All members of the Committee shall be knowledgeable about impairment and rehabilitation.
(c) The members of the Committee shall be appointed for a 3-year term, except in the first year of any Committee, when the terms shall be staggered. At the end of a term, a member shall continue to serve until a successor is appointed.
(d) A Committee member who is appointed after a term has begun, or to replace a former member of the Committee, shall serve for the rest of the term of his or her predecessor. The appointed member shall continue to serve until a successor is appointed.
(e) The Board may appoint a Committee member for successive terms.
(f) The Committee shall select a chairperson from among its members.
(g) The Board may remove a Committee member for cause.
(h) The Board shall review and approve all procedures established by the Committee.
(May 1, 2001, D.C. Law 13-297, § 3, 48 DCR 2036.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.03. Committee meetings

§ 3–1251.03. Committee meetings.
(a) The Committee shall determine where meetings are held and the frequency of meetings.
(b) Minutes of Committee meetings shall be confidential. Only Committee members shall have access to these documents.
(c) Records of the Committee shall be privileged and confidential, and shall not be disclosed. The records shall be used by the Committee only in the exercise of the proper functions of the Committee, as set forth in this chapter, and shall not be public records. The records shall not be subject to court order, except as provided in § 3-1251.07, nor subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings, except those conducted by a health regulatory board.
(d) A majority of the members serving on the Committee shall be required to establish a quorum.
(May 1, 2001, D.C. Law 13-297, § 4, 48 DCR 2036.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.04. Committee staff

§ 3–1251.04. Committee staff.
The Committee may employee staff or engage the services of a consultant to carry out its functions in accordance with the approved budget of the District of Columbia and as approved by the Board.
(May 1, 2001, D.C. Law 13-297, § 5, 48 DCR 2036.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.05. Committee powers and duties

§ 3–1251.05. Committee powers and duties.
In addition to the powers and duties set forth elsewhere in this chapter, the Committee shall:
(1) Evaluate a nurse who requests participation in the Program according to the guidelines prescribed by the Committee and consider recommendations for a nurse’s admission into the Program;
(2) Designate and review facilities and providers to which nurses in the Program may be referred for treatment and services;
(3) Receive and review information concerning a nurse participating in the Program;
(4) Consider whether a nurse participating in the Program may safely continue or resume the practice of nursing;
(5) Hold meetings, as necessary, to consider the requests of nurses to participate in the Program and the reports regarding nurses participating in the Program;
(6) Establish rules and guidelines for the operation of the Program, including the evaluation of facilities and providers that provide treatment and services to nurses eligible to participate in the program;
(7) Prepare reports to be submitted to the Board; and
(8) Set forth in writing a rehabilitation program established for each nurse participating in the Program, including the requirements for supervision and surveillance.
(May 1, 2001, D.C. Law 13-297, § 6, 48 DCR 2036.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.06. Notice of Program procedures

§ 3–1251.06. Notice of Program procedures.
Each nurse who requests to participate in the Program shall be informed in writing of the Program’s procedures, including the rights and responsibilities of the nurse, and the consequences of noncompliance with the procedures, including suspension and termination of the nursing license.
(May 1, 2001, D.C. Law 13-297, § 7, 48 DCR 2036.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.07. Disclosure of records

§ 3–1251.07. Disclosure of records.
(a) The Committee may disclose records relating to an impaired nurse only:
(1) When disclosure of the information is essential to the intervention, treatment, or rehabilitation needs of the impaired nurse;
(2) When release of the information has been authorized in writing by the impaired nurse;
(3) To the Board, if the nurse fails to comply with the conditions of the contract; or
(4) Pursuant to an order issued by a court of competent jurisdiction.
(b) A court shall order disclosure of records relating to an impaired nurse only upon a showing of good cause, including the need to avert a substantial risk of death or serious bodily harm. In assessing good cause, the court shall weigh the public interest and the need for disclosure against the potential for injury to the patient, to the nurse-patient relationship, and to the treatment services. In determining the extent to which any disclosure of all or any part of any record is necessary, the court shall impose appropriate protections against unauthorized disclosures.
(c) The proceedings of the Committee which in any way pertain or refer to a specific nurse who may be, or who actually is, impaired and who may be or is, by reason of the impairment, subject to disciplinary action by the Board shall be excluded from the requirements of subchapter II of Chapter 5 of Title 2 (“Freedom of Information Act”), and may be closed to the public. Such proceedings shall be privileged and confidential.
(May 1, 2001, D.C. Law 13-297, § 8, 48 DCR 2036.)
Section References
This section is referenced in § 3-1251.03.
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.08. Immunity from liability

§ 3–1251.08. Immunity from liability.
The members of the Committee shall be immune from liability in the exercise of their duties.
(May 1, 2001, D.C. Law 13-297, § 9, 48 DCR 2036.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.09. Description of the Program

§ 3–1251.09. Description of the Program.
(a) Admission to the Program is voluntary.
(b) A colleague, employer, or the Board may refer impaired nurses to the Program through a self-report, formal complaint.
(c) A nurse requesting admission to the Program may not have:
(1) Caused an injury to an individual while practicing nursing;
(2) Malpractice litigation pending against him or her alleging that he or she caused an injury to an individual while practicing nursing; or
(3) Been arrested for diversion of controlled substances for sale or distribution.
(d) The Committee and the nurse shall enter into a written contract that sets forth the requirements and conditions for the nurse’s participation in the Program.
(e) A nurse who fails to comply with the requirements and conditions of the written contract shall be reported to the Board for disciplinary action. The Board may take such action as described in § 3-1205.14 (revocation, suspension, or denial of license or privilege, civil penalty, reprimand) against a nurse who is expelled from the rehabilitation program for noncompliance. The Board shall not be required to recommend a course of remediation, as described in § 3-1205.14(c)(6), for a nurse who is expelled from a rehabilitation program. The license of a nurse who is expelled from the rehabilitation program for noncompliance may be immediately suspended or restricted as described in § 3-1205.15 (summary action).
(f) Evaluation of a nurse for participation in the Program shall be the responsibility of the Committee.
(g) At the request of the Board, the Committee, in consultation with the treatment providers, may evaluate a nurse with a drug or alcohol abuse problem, or mental illness, for readiness to return to the practice of nursing.
(h) An impaired nurse who is participating in the rehabilitation program may voluntarily limit or surrender any license issued under Chapter 12 of this title in accordance with § 3-1205.18.
(May 1, 2001, D.C. Law 13-297, § 10, 48 DCR 2036.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.10. Approval of treatment facilities

§ 3–1251.10. Approval of treatment facilities.
(a) To qualify as a designated treatment facility to which a nurse in the Program may be referred, the treatment facility shall meet the following criteria:
(1) The treatment facility shall have a specific, identified contact person to whom the nurse can be referred for assistance;
(2) The treatment facility shall have convenient hours of operation;
(3) The costs of treatment services shall be clearly stated and defined to the Committee and to the nurse seeking assistance;
(4) Treatment and rehabilitation services shall be available and used in conjunction with appropriate individual and group therapy and other appropriate treatment modalities;
(5) The treatment facility shall have a provider who is available to conduct timely assessments and evaluations on site or at a convenient location;
(6) The treatment facility provider shall agree to submit written reports of the assessments and evaluations to the Committee within a designated period of time;
(7) The treatment facility provider shall agree to disclose to the Committee, upon request, all information in its possession regarding a nurse’s impairment or disability and the nurse’s participation in the treatment facility, in accordance with a signed release of information from the nurse;
(8) The treatment facility shall agree to submit progress reports at least quarterly and upon request, and immediately if a significant event should occur in treatment that is related to the issues of impairment or disability and its effect on the nurse’s practice; and
(9) The treatment facility shall conduct random, supervised testing to screen for drug use. The treatment facility shall agree to make available all results of drug screens to the Committee, and shall agree to inform the Committee immediately should a drug screen be positive.
(b) The Committee shall evaluate the Program and participating treatment facilities at least annually to ensure that the criteria listed in subsection (a) of this section are maintained.
(May 1, 2001, D.C. Law 13-297, § 11, 48 DCR 2036.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.11. Maintenance of records

§ 3–1251.11. Maintenance of records.
(a) Records shall be confidential and maintained in a locked file in the office of the Board.
(b) A nurse’s records shall be destroyed 2 years after the nurse’s satisfactory discharge from the Program.
(May 1, 2001, D.C. Law 13-297, § 12, 48 DCR 2036.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.12. Nurses leaving the District of Columbia or applying for licensure in another state

§ 3–1251.12. Nurses leaving the District of Columbia or applying for licensure in another state.
(a) A nurse participating in the Program who moves to a jurisdiction where a rehabilitation program is in place and applies for licensure in that jurisdiction shall be transferred to that jurisdiction’s rehabilitation program.
(b) A nurse participating in the Program who moves to a jurisdiction where there is no rehabilitation program and applies for licensure in that jurisdiction shall have his or her records transferred to that jurisdiction’s equivalent of the Board.
(c) Whenever a nurse who applies for licensure in another jurisdiction continues to practice nursing in the District of Columbia:
(1) If the jurisdiction has a rehabilitation program in place, the program shall be notified that the nurse is participating in a rehabilitation program in the District of Columbia; or
(2) If there is no rehabilitation program in the jurisdiction, the jurisdiction’s equivalent of the Board shall be notified that the nurse is participating in a rehabilitation program in the District of Columbia.
(May 1, 2001, D.C. Law 13-297, § 13, 48 DCR 2036.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.13. Information booklet

§ 3–1251.13. Information booklet.
The Committee shall publish an informational booklet describing the Program for the public. The booklet shall be updated as may be necessary.
(May 1, 2001, D.C. Law 13-297, § 14, 48 DCR 2036.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.14. Reports to the Board

§ 3–1251.14. Reports to the Board.
The Board shall require reports from the Committee annually and at such other times as it believes may be necessary and appropriate. The reports shall include:
(1) Information concerning the number of cases accepted, denied, and terminated, with compliance or noncompliance; and
(2) A cost analysis of the Program.
(May 1, 2001, D.C. Law 13-297, § 15, 48 DCR 2036; Mar. 2, 2007, D.C. Law 16-191, § 127, 53 DCR 6794.)
Effect of Amendments
D.C. Law 16-191 validated a previously made technical correction.
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.15. Rules

§ 3–1251.15. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.
(May 1, 2001, D.C. Law 13-297, § 16, 48 DCR 2036.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12A - Nurse’s Rehabilitation Program › § 3–1251.16. Appropriations. [Repealed]

§ 3–1251.16. Appropriations. [Repealed]
Repealed.
(May 1, 2001, D.C. Law 13-297, § 17, 48 DCR 2036; Mar. 25, 2009, D.C. Law 17-353, § 316, 56 DCR 1117.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12B - Interstate Medical Licensure Compact › Subchapter I - Compact Provisions › § 3–1271.01. Purpose

§ 3–1271.01. Purpose.
In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact ("Compact") have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The Compact creates another pathway for licensure and does not otherwise change a state's existing medical practice act. The Compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the Compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the Compact.
(June 5, 2018, D.C. Law 22-109, § 2, 65 DCR 3809.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12B - Interstate Medical Licensure Compact › Subchapter I - Compact Provisions › § 3–1271.03. Eligibility

§ 3–1271.03. Eligibility.
(a) A physician must meet the eligibility requirements as defined in § 3-1271.02(11) to receive an expedited license under the terms and provisions of the Compact.
(b) A physician who does not meet the requirements of § 3-1271.02(11) may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the Compact, relating to the issuance of a license to practice medicine in that state.
(June 5, 2018, D.C. Law 22-109, § 2, 65 DCR 3809.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12B - Interstate Medical Licensure Compact › Subchapter I - Compact Provisions › § 3–1271.04. Designation of state of principal license

§ 3–1271.04. Designation of state of principal license.
(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
(1) The state of primary residence for the physician;
(2) The state where at least 25% of the practice of medicine occurs;
(3) The location of the physician's employer; or
(4) If no state qualifies under paragraph (1), (2), or (3) of this subsection, the state designated as state of residence for purpose of federal income tax.
(b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in subsection (a) of this section.
(c) The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
(June 5, 2018, D.C. Law 22-109, § 2, 65 DCR 3809.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12B - Interstate Medical Licensure Compact › Subchapter I - Compact Provisions › § 3–1271.06. Fees for expedited licensure

§ 3–1271.06. Fees for expedited licensure.
(a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Compact.
(b) The interstate commission is authorized to develop rules regarding fees for expedited licenses.
(June 5, 2018, D.C. Law 22-109, § 2, 65 DCR 3809.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12B - Interstate Medical Licensure Compact › Subchapter I - Compact Provisions › § 3–1271.07. Renewal and continued participation

§ 3–1271.07. Renewal and continued participation.
(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician:
(1) Maintains a full and unrestricted license in a state of principal license;
(2) Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
(3) 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
(4) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.
(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
(c) The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.
(d) Upon receipt of any renewal fees collected in subsection (c) of this section, a member board shall renew the physician's license.
(e) Physician information collected by the interstate commission during the renewal process will be distributed to all member boards.
(f) The interstate commission is authorized to develop rules to address renewal of licenses obtained through the Compact.
(June 5, 2018, D.C. Law 22-109, § 2, 65 DCR 3809.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12B - Interstate Medical Licensure Compact › Subchapter I - Compact Provisions › § 3–1271.08. Coordinated information system

§ 3–1271.08. Coordinated information system.
(a) The interstate commission shall establish a database of all physicians licensed, or who have applied for licensure, under § 3-1271.05.
(b) Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied or received an expedited license through the Compact.
(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.
(d) Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by subsection (c) of this section to the interstate commission.
(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.
(f) All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.
(g) The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
(June 5, 2018, D.C. Law 22-109, § 2, 65 DCR 3809.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12B - Interstate Medical Licensure Compact › Subchapter I - Compact Provisions › § 3–1271.09. Joint investigations

§ 3–1271.09. Joint investigations.
(a) Licensure and disciplinary records of physicians are deemed investigative.
(b) In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.
(c) A subpoena issued by a member state shall be enforceable in other member states.
(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
(June 5, 2018, D.C. Law 22-109, § 2, 65 DCR 3809.)
2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12B - Interstate Medical Licensure Compact › Subchapter I - Compact Provisions › § 3–1271.10. Disciplinary actions

§ 3–1271.10. Disciplinary actions.
(a) Any disciplinary action taken by any member board against a physician licensed through the Compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medical practice act or regulations in that state.
(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician's license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medical practice act of that state.
(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:
(1) Impose the same or lesser sanction(s) against the physician so long as such sanctions are consistent with the medical practice act of that state; or
(2) Pursue separate disciplinary action against the physician under its respective medical practice act, regardless of the action taken in other member states.
(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license(s) issued to the physician by any other member board(s) shall be suspended, automatically and immediately without further action necessary by the other member board(s), for 90 days upon entry of the order by the disciplining board, to permit the member board(s) to investigate the basis for the action under the medical practice act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the 90-day suspension period in a manner consistent with the medical practice act of that state.
(June 5, 2018, D.C. Law 22-109, § 2, 65 DCR 3809.)