2023 District of Columbia Code › Title 3 - District of Columbia Boards and Commissions › Chapter 12 - Health Occupations Boards › Subchapter I - Definitions; Scope › § 3–1201.01. General definitions

§ 3–1201.01. General definitions.
For the purposes of this chapter, the term:
(1) “Board” means the Board of Audiology and Speech-Language Pathology, [the] Board of Chiropractic, the Board of Dentistry, the Board of Dietetics and Nutrition, the Board of Marriage and Family Therapy, the Board of Medicine, the Board of Nursing, the Board of Long-Term Care Administration, the Board of Occupational Therapy, the Board of Optometry, the Board of Pharmacy, the Board of Physical Therapy, the Board of Podiatry, the Board of Professional Counseling, the Board of Psychology, the Board of Respiratory Care, the Board of Social Work, or the Board of Veterinary Medicine, established by this chapter, as the context requires.
(1A) “Boards of Allied Health” means the Board of Audiology and Speech-Language Pathology, the Board of Dentistry, the Board of Dietetics and Nutrition, the Board of Massage Therapy, the Board of Long-Term Care Administration, the Board of Occupational Therapy, the Board of Optometry, the Board of Physical Therapy, the Board of Podiatry, and the Board of Respiratory Care.
(1B) “Boards of Behavioral Health” means the Board of Marriage and Family Therapy, the Board of Professional Counseling, the Board of Psychology, and the Board of Social Work.
(1B-i) "Certified midwife" means a person licensed in the District under this chapter to practice certified midwifery who has graduated from a graduate-level midwifery education program accredited by the Accreditation Commission for Midwifery Education or its successor organization and holds a valid certification from the American Midwifery Certification Board or its successor organization.
[(1C)] "Certified nurse-midwife" means a qualified registered nurse who holds a valid certification from the American Midwifery Certification Board.
[(1D)] "Certified professional midwife" or "CPM" means a person licensed in the District under this chapter to practice certified professional midwifery who holds a valid certification from the North American Registry of Midwives.
[(1E)] “Clinical laboratory practitioner” means a cytotechnologist, histologic technician, histotechnologist, medical laboratory technician, medical technologist, or a phlebotomist.
(2) “Collaboration” means the process in which health professionals jointly contribute to the health care of patients with each collaborator performing actions he or she is licensed or otherwise authorized to perform pursuant to this chapter.
(3) “Corporation Counsel” means the Corporation Counsel of the District of Columbia.
(4) “Council” means the Council of the District of Columbia.
(5) “Day” means calendar day unless otherwise specified in this chapter.
(6) “District” means the District of Columbia.
(6A) “Domestic partner” shall have the same meaning as provided in § 32-701(3).
(6B) “Domestic partnership” shall have the same meaning as provided in § 32-701(4).
(6C)(A) "Doula" means an individual certified by the Board of Medicine to provide culturally competent and continuous physical, emotional, and informational support to a birthing parent during pregnancy, labor, birth, and postpartum, including:
(i) Providing support to pregnant individuals and their families, including surrogates and adoptive parents;
(ii) Conducting prenatal and postpartum visits;
(iii) Accompanying pregnant individuals to health care and social service appointments;
(iv) Connecting individuals to medical, community-based, or government-funded resources, including those addressing social determinants of health; and
(v) Providing support to individuals following either the loss of pregnancy or birth of a child for up to one year.
(B) A doula may not:
(i) Perform clinical tasks or replace trained licensed medical professionals; or
(ii) Engage in the practice of medicine as defined in § 3-1201.02(7).
(6D) "Financial exploitation" means the non-accidental act or omission by a health professional, without the consent of the patient, client, or employer, causing monetary or property loss to the patient, client, or employer, or monetary or property gain to the health professional which gain would otherwise benefit a patient, client, or employer, but for the non-accidental action or omission of the health professional. Financial exploitation may result from consent obtained as a result of misrepresentation, undue influence, coercion, or threat of force by the health professional. Financial exploitation may not result from a bona fide gift.
(7) “Health occupation” means a practice that is regulated under the authority of this chapter.
(8) “Health professional” means a person licensed under this chapter or permitted by this chapter to practice a health occupation in the District.
(9) “Impaired health professional” means a health professional who is unable to perform his or her professional responsibilities reliably due to a mental or physical disorder, excessive use of alcohol, or habitual use of any narcotic or controlled substance or any other drug in excess of therapeutic amounts or without valid medical indication.
(9A) "Long-Acting Reversible Contraceptive" means a contraceptive that requires administering less than once per cycle or month.
(10) “Mayor” means the Mayor of the District of Columbia.
[(10A)] "MBC" means a Midwifery Bridget certificate issued by the North American Registry of Midwives that documents completion of accredited continuing education for Certified Professional Midwives based upon identified areas to address education in emergency skills and other competencies set by the International Confederation of Midwives.
[(10B)] "MEAC" means the Midwifery Education Accreditation Council, the U.S. Department of Education-recognized commission that provides accreditation for programs and institutions that meet the International Confederation of Midwives competencies and the North American Registry of Midwives skills and standards for midwifery practice.
[(10C)] "National Association of Certified Professional Midwives" or "NACPM" means the national professional and standard setting association specific to Certified Professional Midwives.
[(10D)] "Patient-client" means a person under the care of a midwife and such person's fetus or newborn.
(11) “Person” means an individual, corporation, trustee, receiver, guardian, representative, firm, partnership, society, school, or other entity.
(11A) "Personal medical record" means:
(A) A copy of a medical bill or a medical billing record with individually identifiable health information, including an audit trail of any additions, deletions, or revisions to the record; or
(B) Protected health information as defined in 45 C.F.R. § 160.103.
(11B) "Postpartum" means the time after delivery when maternal physiological changes related to pregnancy return to the nonpregnant state, which may last for as long as 12 months after delivery.
(12) Repealed.
(12A) “Revocation” means termination of the right to practice a health profession and loss of licensure, registration, or certification for 5 years or more.
(12B) "Self-administered hormonal contraceptive" means a contraceptive containing hormones approved by the U.S. Food and Drug Administration that is administered by the patient orally, transdermally, or vaginally.
(13) “State” means any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.
(14) “Superior Court” means the Superior Court of the District of Columbia.
(15) “Suspension” means termination of the right to practice a health profession for a specified period of time of less than 5 years or until such time that the specified conditions in an order are satisfied.
(16) “Veterinarian” means a person who is a graduate of a school of veterinary medicine and has received a doctorate in veterinary medicine or its equivalent.
(17) “Veterinary euthanasia technician” means a person certified by the Mayor to euthanize animals within the District.
(18) “Veterinary facility” means a fixed or mobile establishment where veterinary medicine is practiced. The term “veterinary facility” shall not include:
(A) Wildlife rehabilitation facilities, as defined in § 47-2888.01(3); and
(B) Animal shelters, as defined in § 47-2888.01(1).
(19) “Veterinary technician” means a person certified by the Mayor to perform acts relating to maintenance of the health or treatment of an animal, except for the performance of surgery, diagnosis, or prescribing of medication for any animal.
(Mar. 25, 1986, D.C. Law 6-99, § 101, 33 DCR 729; July 22, 1992, D.C. Law 9-126, § 2(a), 39 DCR 3824; Mar. 14, 1995, D.C. Law 10-203, § 2(a), 41 DCR 7707; Mar. 21, 1995, D.C. Law 10-231, § 2(a), 42 DCR 15; Mar. 23, 1995, D.C. Law 10-247, § 2(a), 42 DCR 457; Mar. 10, 2004, D.C. Law 15-88, § 2(b), 50 DCR 10999; Mar. 6, 2007, D.C. Law 16-219, § 2(b), 53 DCR 10211; June 25, 2008, D.C. Law 17-177, § 6(a), 55 DCR 3696; Sept. 12, 2008, D.C. Law 17-231, § 10(a), 55 DCR 6758; July 7, 2009, D.C. Law 18-15, § 2(b), 56 DCR 3616; July 18, 2009, D.C. Law 18-26, § 2(b), 56 DCR 4043; Mar. 26, 2014, D.C. Law 20-96, § 102(b), 61 DCR 1184; May 2, 2015, D.C. Law 20-272, § 2(b), 62 DCR 1911; Mar. 28, 2018, D.C. Law 22-75, § 2(a), 65 DCR 1374; Feb. 22, 2019, D.C. Law 22-227, § 101(a), 66 DCR 197; June 17, 2020, D.C. Law 23-97, § 2(b)(1), 67 DCR 3912; Nov. 13, 2021, D.C. Law 24-45, § 5042(b), 68 DCR 010163; Dec. 29, 2021, D.C. Law 24-46, § 2(b)(1), 68 DCR 011642; Sept. 21, 2022, D.C. Law 24-170, § 3(a), 69 DCR 009207; Mar. 10, 2023, D.C. Law 24-290, § 2(b), 70 DCR 553.)
Prior Codifications
1981 Ed., § 2-3301.1.
Section References
This section is referenced in § 4-1321.02, § 7-2341.01, § 7-2341.03, § 7-2341.06, § 7-2341.08, § 21-501.01, § 22-1314.01, § 29-502, § 31-3171.01, and § 42-3505.07.
Applicability
Section 7078 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-97 removing the applicability provision impacting this section. Therefore, the amendment of this section by Law 23-97 has been implemented.
Applicability of D.C. Law 23-97: § 6 of D.C. Law 23-97 provided that the change made to this section by § 2(b)(1) of D.C. Law 23-97 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 5042(b) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
For temporary (90 days) amendment of this section, see § 2(a) of Defending Access to Women's Health Care Services Congressional Review Emergency Amendment Act of 2018 (D.C. Act 22-266, Feb. 21, 2018, 65 DCR 2119).
For temporary (90 day) amendment of section, see § 2(b) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).
Editor's Notes
Section 5 of D.C. Law 23-97 provided that the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of D.C. Law 23-97.
Health Regulation Reform Task Force: Title III of D.C. Law 12-86 provided in detail for the establishment of a Health Regulation Reform Task Force, to consist of 11 members appointed by the Mayor. The Health Task Force was required to submit a written review of the boards created by the District of Columbia Health Occupations Revision Act of 1985, Chapter 33 of Title 2Chapter 12 of Title 3 including recommendations for the restructuring or consolidation of the boards and of the licensing procedures. The Task Force was to cease to exist 60 days after submission of the report.
Delegation of Authority
Delegation of authority pursuant to Law 6-99, see Mayor’s Order 86-110, July 18, 1986.
Delegation of authority pursuant to the “District of Columbia Health Occupations Revision Act of 1985”, see Mayor’s Order 98-140, August 20, 1998 ( 45 DCR 6593).