Code of the District of Columbia

§ 38–651.12. Rules.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this subchapter.

(b) The Mayor may establish, by regulation, additional types of medication that a student may self-administer and other illnesses for which a student may self-administer medication other than those provided in this subchapter.

(c) All existing rules and regulations promulgated pursuant to subchapter III of this chapter [§ 38-631 et seq.] [repealed], shall remain in effect until rules promulgated pursuant to this subchapter become effective.

(d) By August 1, 2016, pursuant to the authority granted by § 38-2602(b)(11), OSSE, in consultation with the Department of Health, shall issue rules to implement the provisions of § 38-651.04a, including establishing a protocol for record keeping whenever epinephrine is administered pursuant to § 38-651.04a.


(Feb. 2, 2008, D.C. Law 17-107, § 13, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(g), 63 DCR 756.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-77 would have added (d).

Applicability

Section 7002 of D.C. Law 21-160 repealed section 4 of D.C. Law 21-77. Therefore the changes made to this section by D.C. Law 21-177 have been given effect.

Applicability of D.C. Law 21-77: § 4 of D.C. Law 21-77 provided that the change made to this section by § 2(g) of D.C. Law 21-77 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 day) addition, see § 9 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).

For temporary (90 day) addition, see § 9 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Temporary Legislation

Section 9 of Law 17-52 added a section to read as follows:

“Sec. 9. Rules.

“(a) The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this act.

“(b) The Mayor may establish, by regulation, additional types of medication a student may self-administer and potentially life-threatening illnesses for which a student may self-administer medication other than those provided in this act.”

Section 11(b) of D.C. Law 17-52 provided that the act shall expire after 225 days of its having taken effect.

Delegation of Authority

Delegation of Authority to the Student Access to Treatment Act of 2007, see Mayor’s Order 2008-85, June 11, 2008 ( 55 DCR 9362).