Code of the District of Columbia

Chapter 14. Medical and Dental Colleges.


Subchapter I. Registration.

§ 38–1401. Registration of medical and dental colleges — Required; permit.

(a) It shall be unlawful for any medical or dental college claiming the authority to confer, or actually conferring, the degree of doctor of medicine, or doctor of dental surgery, not incorporated by a special act of Congress, to conduct its business in the District of Columbia, unless such college shall be registered by the Mayor of the District of Columbia and granted by him a written permit to commence or continue business in said District in compliance with the requirements of this subchapter.

(b) The permit issued pursuant to this section shall be issued as an Educational Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.


(May 4, 1896, 29 Stat. 112, ch. 154, § 1; Apr. 20, 1999, D.C. Law 12-261, § 2003(y), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(cc), 50 DCR 6913.)

Prior Codifications

1981 Ed., § 31-1701.

1973 Ed., § 31-901.

Effect of Amendments

D.C. Law 15-38, in subsec. (b), substituted “an Educational Services endorsement to a basic business license under the basic” for “a Class A Educational Services endorsement to a master business license under the master”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3(cc) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 38–1402. Registration of medical and dental colleges — Application.

It shall be the duty of the proper officers of any such college, before commencing or continuing business, to apply to the said Mayor for registration and a permit to commence or continue business; and the Council of the District of Columbia is hereby authorized and required to make such regulations concerning the form of such application, the evidence to be adduced in support thereof, and the method of taking such evidence as it may deem best, and shall have power, and it shall be its duty, to give public notice of all hearings upon such applications; and no registration and permit shall be granted until after the Council shall have, by the inquiry and hearing hereinbefore provided for and such other inquiry as it may see fit to make, satisfied itself that all such medical or dental colleges are fully equipped, both by the character and fitness of the faculty and the sufficiency of their appliances, to give suitable and sufficient instruction in the theory and practice of medicine or dental surgery.


(May 4, 1896, 29 Stat. 113, ch. 154, § 2.)

Prior Codifications

1981 Ed., § 31-1702.

1973 Ed., § 31-902.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(241) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 38–1403. Penalty for failure to register.

Such of the officers and of the faculty of any such medical or dental college in existence on May 4, 1896, and of every such college thereafter sought to be opened in said District, which shall continue or commence to offer instruction in such capacity without first obtaining registration and permit, as hereinbefore provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof in the Superior Court of the District of Columbia, upon an information similar to that filed in the case of violations of the police regulations made by the said Council of the District of Columbia, shall be fined not less than $25 nor more than $250, and in default of payment thereof shall be imprisoned in the common jail of said District not less than 30 days nor more than 90 days; said fines when collected to be paid into the Treasury of the United States to the credit of the District of Columbia.


(May 4, 1896, 29 Stat. 113, ch. 154, § 4; Apr. 1, 1942, 56 Stat. 190, ch. 207,§ 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)

Prior Codifications

1981 Ed., § 31-1703.

1973 Ed., § 31-903.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(242) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 38–1404. Injunction against operation of college.

In any case when such action shall be necessary in the opinion of the said Mayor to give full effect to the intent of this subchapter he shall have power, and it shall be his duty, to file in the Superior Court of the District of Columbia, in the name of the said District, a petition against the proper parties praying an injunction against the opening or continuance of any such college not registered and granted a permit as aforesaid; and jurisdiction is hereby conferred upon such court to hear and determine such causes.


(May 4, 1896, 29 Stat. 113, ch. 154, § 5; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 572, Pub. L. 91-358, title I,§ 155(c)(35).)

Prior Codifications

1981 Ed., § 31-1704.

1973 Ed., § 31-904.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 38–1405. Repeal provisions.

All acts and parts of acts enacted prior to May 4, 1896, and all charters obtained by any medical or dental college prior to March 4, 1896, under the general corporation laws in force in said District, so far as inconsistent with this subchapter, are hereby repealed.


(May 4, 1896, 29 Stat. 113, ch. 154, § 6.)

Prior Codifications

1981 Ed., § 31-1705.

1973 Ed., § 31-905.


Subchapter II. Financial Assistance.

§ 38–1411. Purpose.

It is the purpose of this subchapter to assist private nonprofit medical and dental schools in the District of Columbia in their critical financial needs in meeting the operational costs required to maintain quality medical and dental educational programs and to increase the number of students in such institutions as a necessary health manpower service to the metropolitan area of the District of Columbia.


(Jan. 5, 1971, 84 Stat. 1934, Pub. L. 91-650, title III, § 302.)

Prior Codifications

1981 Ed., § 31-1711.

1973 Ed., § 31-921.


§ 38–1412. Grants from Secretary of Education — Authorized.

(a) The Secretary of Education (hereinafter in this subchapter referred to as the “Secretary”) is authorized to make grants to the Mayor of the District of Columbia (hereinafter in this subchapter referred to as the “Mayor”) in amounts the Secretary determines to be the minimum amounts necessary to carry out the purposes of this subchapter. The total amount of grants under this section for any fiscal year shall not exceed the sum of:

(1) The product of $5,000 times the number of full-time students enrolled in private nonprofit accredited medical schools in the District of Columbia; and

(2) The product of $3,000 times the number of full-time students enrolled in private nonprofit accredited dental schools in the District of Columbia.

(b) For the purposes of this section and § 38-1416, in determining eligibility for, and the amount of, grants with respect to private nonprofit medical and dental schools, consideration shall be given to any grants made to such schools pursuant to the portion of the program under § 773 of the Public Health Service Act [42 U.S.C. § 295f-3, repealed] relating to financial assistance to schools which are in serious financial straits to aid them in meeting their costs of operation.

(c) There are authorized to be appropriated such sums as may be necessary for the fiscal year ending September 30, 1977, to make grants under this section.


(Jan. 5, 1971, 84 Stat. 1934, Pub. L. 91-650, title III, § 303; Aug. 24, 1974, 88 Stat. 763, Pub. L. 93-389, § 3; June 4, 1976, 90 Stat. 682, Pub. L. 94-308.)

Prior Codifications

1981 Ed., § 31-1712.

1973 Ed., § 31-922.

Section References

This section is referenced in § 38-1413, § 38-1414, § 38-1415, and § 38-1416.

References in Text

“Secretary of Education” was substituted for “Secretary of Health, Education and Welfare” in subsection (a) of this section pursuant to § 301 of the Act of October 17, 1979, 93 Stat. 677, Pub. L. 96-88.

“Section 773 of the Public Health Service Act,” referred to in subsection (b) of this subsection, was codified as 42 U.S.C. § 295f-3, and was repealed by the Act of October 12, 1976, 90 Stat. 2293, Pub. L. 94-484.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 38–1413. Grants from Secretary of Education — Application.

The Secretary may from time to time set dates by which applications for grants under § 38-1412 for any fiscal year must be filed by the Mayor. A grant under § 38-1412 may be made only if application therefor:

(1) Is approved by the Secretary;

(2) Contains such information as the Secretary may require to make the determinations required of him under this subchapter and such assurances as he may find necessary to carry out the purposes of this subchapter; and

(3) Provides for such fiscal control and accounting procedures and reports and access to the records of the Mayor and the applicant schools as the Secretary may from time to time require in carrying out his functions under this subchapter.


(Jan. 5, 1971, 84 Stat. 1934, Pub. L. 91-650, title III, § 304.)

Prior Codifications

1981 Ed., § 31-1713.

1973 Ed., § 31-923.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 38–1414. Grants from Secretary of Education — Regulations.

For the purposes of § 38-1412 and § 38-1416, regulations of the Secretary shall include provisions relating to the determination of the number of students enrolled in a school, or in a particular year-class in a school, as the case may be, on the basis of estimates, or on the basis of the number of students who were enrolled in a school, or in a particular year-class, as the case may be, in an earlier year, or on such basis as he deems appropriate for making such determinations.


(Jan. 5, 1971, 84 Stat. 1934, Pub. L. 91-650, title III, § 305.)

Prior Codifications

1981 Ed., § 31-1714.

1973 Ed., § 31-924.


§ 38–1415. Grants from Secretary of Education — Payment.

Grants under § 38-1412 may be paid in advance or by way of reimbursement at such intervals as the Secretary may find necessary and with appropriate adjustments on account of overpayments or underpayments previously made.


(Jan. 5, 1971, 84 Stat. 1934, Pub. L. 91-650, title III, § 306.)

Prior Codifications

1981 Ed., § 31-1715.

1973 Ed., § 31-925.


§ 38–1416. Payments by Mayor to medical and dental schools — Limitations.

From funds received under § 38-1412, the Mayor shall make payments (in amounts determined by the Secretary under such § 38-1412) to private nonprofit schools of medicine and dentistry in the District of Columbia. The total of the payments under this section in any fiscal year to a medical school shall not exceed the product of $5,000 times the number of full-time students enrolled in such school, and the total of payments to a dental school shall not exceed the product of $3,000 times the number of full-time students enrolled in such school.


(Jan. 5, 1971, 84 Stat. 1934, Pub. L. 91-650, title III, § 307.)

Prior Codifications

1981 Ed., § 31-1716.

1973 Ed., § 31-926.

Section References

This section is referenced in § 38-1412, § 38-1414, § 38-1417, and § 38-1418.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 38–1417. Grants from Secretary of Education — Applications.

The Mayor may from time to time set dates by which applications for payments by the Mayor under § 38-1416 for any fiscal year must be filed. A payment under § 38-1416 by the Mayor may be made only if the application therefor:

(1) Is approved by the Mayor upon his determination that the applicant meets the eligibility conditions of this subchapter; and

(2) Contains such information as the Mayor and the Secretary may require to make determinations required under this subchapter and such assurances as they may find necessary to carry out the purposes of this subchapter.


(Jan. 5, 1971, 84 Stat. 1935, Pub. L. 91-650, title III, § 308.)

Prior Codifications

1981 Ed., § 31-1717.

1973 Ed., § 31-927.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 38–1418. Payments by Mayor to medical and dental schools — Method of payment.

Payments under § 38-1416 by the Mayor may be paid in advance or by way of reimbursement at such intervals as the Mayor may find necessary and with appropriate adjustments on account of overpayments or underpayments previously made.


(Jan. 5, 1971, 84 Stat. 1935, Pub. L. 91-650, title III, § 309.)

Prior Codifications

1981 Ed., § 31-1718.

1973 Ed., § 31-928.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 38–1419. Definitions.

For purposes of this subchapter:

(1) The term “full-time students” means students pursuing a full-time course of study in an accredited school of medicine or school of dentistry leading to a degree of Doctor of Medicine, Doctor of Dentistry, or an equivalent degree.

(2) The terms “school of medicine” and “school of dentistry” mean a school in the District of Columbia which provides training leading, respectively, to a degree of Doctor of Medicine and Doctor of Dentistry, or an equivalent degree, and which is accredited by a recognized body or bodies approved for such purpose by the Secretary of Education of the United States.

(3) The term “nonprofit” as applied to a school of medicine or a school of dentistry means one which is owned and operated by 1 or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.


(Jan. 5, 1971, 84 Stat. 1325, Pub. L. 91-650, title III, § 310.)

Prior Codifications

1981 Ed., § 31-1719.

1973 Ed., § 31-929.

References in Text

“Secretary of Education” was substituted for “Commissioner of Education” in paragraph (2) of this section pursuant to § 301 of the Act of October 17, 1979, 93 Stat. 677, Pub. L. 96-88.