Code of the District of Columbia

Subchapter IV. Health Occupation Advisory Committees.


§ 7–743.01. Generally.

(a) The Department of Health shall oversee the Health Occupation Advisory Committees established under this subchapter.

(b) All appointments to the Health Occupation Advisory Committees shall be made by the Director of the Department of Health.

(c) The Department of Health shall provide facilities and other administrative support for the Health Occupation Advisory Committees, as determined by the Director.

(d) The Health Occupation Advisory Committees shall review applications for licensure to practice upon request of the Board of Medicine. The Health Occupation Advisory Committees shall submit their respective recommendations to the Board of Medicine for action.

(e) For the purposes of this subchapter, the term:

(1) “Board of Medicine” means the Board of Medicine established pursuant to § 3-1202.03(a).

(2) “Health Occupation Advisory Committees” means the advisory committees established pursuant to this subchapter.


(Oct. 3, 2001, D.C. Law 14-28, § 4941; as added May 2, 2015, D.C. Law 20-271, § 202(b), 62 DCR 1884.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 7–743.02. Advisory Committee on Acupuncture.

(a) There is established an Advisory Committee on Acupuncture to consist of 5 members as follows:

(1) The Director of the Department of Health, or his or her designee;

(2) Three non-physician acupuncturists licensed in the District;

(3) A consumer member.

(b) Of the appointees to the Advisory Committee on Acupuncture other than the Director, 2 shall serve an initial term of 2 years and 2 shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c)(1) The Advisory Committee on Acupuncture shall develop and submit to the Board of Medicine guidelines for licensing acupuncturists and regulating the practice of acupuncture in the District.

(2)(A) Guidelines approved by the Board of Medicine under § 3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

(B) The Advisory Committee on Acupuncture shall submit revised guidelines to the Board of Medicine by June 22, 2015.

(3) The Advisory Committee on Acupuncture shall meet at least annually to review guidelines and make necessary revisions for submission to the Board of Medicine.


(Oct. 3, 2001, D.C. Law 14-28, § 4942; as added May 2, 2015, D.C. Law 20-271, § 202(b), 62 DCR 1884.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 7–743.03. Advisory Committee on Anesthesiologist Assistants.

(a) There is established an Advisory Committee on Anesthesiologist Assistants to consist of 3 members as follows:

(1) The Director of the Department of Health, or his or her designee;

(2) An anesthesiologist licensed in the District with experience working with anesthesiologist assistants; and

(3) An anesthesiologist assistant licensed in the District.

(b) Of the appointees to the Advisory Committee on Anesthesiologist Assistants other than the Director, one shall serve an initial term of 2 years and one shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c)(1) The Advisory Committee on Anesthesiologist Assistants shall develop and submit to the Board of Medicine guidelines for licensing and regulating anesthesiologist assistants in the District. The guidelines shall set forth the actions that anesthesiologist assistants may perform under the direct supervision of a licensed anesthesiologist, who shall be responsible for the overall medical direction of the care and treatment of patients.

(2)(A) Guidelines approved by the Board of Medicine under § 3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

(B) The Advisory Committee on Anesthesiologist Assistants shall submit revised guidelines to the Board of Medicine by June 22, 2015.

(3) The Advisory Committee on Anesthesiologist Assistants shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.


(Oct. 3, 2001, D.C. Law 14-28, § 4943; as added May 2, 2015, D.C. Law 20-271, § 202(b), 62 DCR 1884.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 7–743.04. Advisory Committee on Naturopathic Medicine.

(a) There is established an Advisory Committee on Naturopathic Medicine to consist of 3 members as follows:

(1) The Director of the Department of Health, or his or her designee;

(2) A licensed physician with experience in naturopathic medicine or in working with naturopathic physicians; and

(3) A licensed naturopathic physician.

(b) Of the appointees to the Advisory Committee on Naturopathic Medicine other than the Director, one shall serve an initial term of 2 years and one shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c)(1) The Advisory Committee on Naturopathic Medicine shall develop and submit to the Board of Medicine guidelines for licensing naturopathic physicians and regulating the practice of naturopathic medicine in the District.

(2)(A) Guidelines approved by the Board of Medicine § 3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

(B) The Advisory Committee on Naturopathic Medicine shall submit revised guidelines to the Board of Medicine by June 22, 2015.

(3) The Advisory Committee on Naturopathic Medicine shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.


(Oct. 3, 2001, D.C. Law 14-28, § 4944; as added May 2, 2015, D.C. Law 20-271, § 202(b), 62 DCR 1884.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 7–743.05. Advisory Committee on Physician Assistants.

(a) There is established an Advisory Committee on Physician Assistants to consist of 3 members as follows:

(1) The Director of the Department of Health, or his or her designee;

(2) A physician or osteopath licensed in the District with experience working with physician assistants; and

(3) A physician assistant licensed in the District.

(b) Of the appointees to the Advisory Committee on Physician Assistants other than the Director, one shall serve an initial term of 2 years and one shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c)(1) The Advisory Committee on Physician Assistants shall develop and submit to the Board of Medicine guidelines for licensing and regulating physician assistants in the District. The guidelines shall set forth the actions that physician assistants may perform in collaboration with a licensed physician or osteopath, who shall be responsible for the overall medical direction of the care and treatment of patients and the level of collaboration required for each action.

(2)(A) Guidelines approved by the Board of Medicine under § 3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

(B) The Advisory Committee on Physician Assistants shall submit revised guidelines to the Board of Medicine by June 22, 2015.

(3) The Advisory Committee on Physician Assistants shall meet at least annually to review guidelines and make necessary revisions for submission to the Board of Medicine.


(Oct. 3, 2001, D.C. Law 14-28, § 4945; as added May 2, 2015, D.C. Law 20-271, § 202(b), 62 DCR 1884.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 7–743.06. Advisory Committee on Polysomnography.

(a) There is established an Advisory Committee on Polysomnography to consist of 3 members as follows:

(1) The Director of the Department of Health, or his or her designee; and

(2) Two polysomnographic technologists licensed in the District.

(b) Of the appointees to the Advisory Committee on Polysomnography other than the Director, one shall serve an initial term of 2 years and one shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c)(1) The Advisory Committee on Polysomnography shall develop and submit to the Board of Medicine guidelines for licensing, registration, and regulation of polysomnographic technologists, polysomnographic technicians, and polysomnographic trainees in the District. The guidelines shall set forth the education and experience requirements for registration and licensure and the actions that polysomnographic technologists, polysomnographic technicians, and polysomnographic trainees may perform.

(2)(A) Guidelines approved by the Board of Medicine under § 3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

(B) The Advisory Committee on Polysomnography shall submit revised guidelines to the Board of Medicine by June 22, 2015.

(3) The Advisory Committee on Polysomnography shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.


(Oct. 3, 2001, D.C. Law 14-28, § 4946; as added May 2, 2015, D.C. Law 20-271, § 202(b), 62 DCR 1884.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 7–743.07. Advisory Committee on Surgical Assistants.

(a) There is established an Advisory Committee on Surgical Assistants to consist of 5 members as follows:

(1) The Director of the Department of Health, or his or her designee;

(2) A surgeon licensed in the District with experience working with surgical assistants; and

(3) Three surgical assistants licensed in the District.

(b) Of the appointees to the Advisory Committee on Surgical Assistants other than the Director, 2 shall serve an initial term of 2 years and 2 shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c)(1) The Advisory Committee on Surgical Assistants shall develop and submit to the Board of Medicine guidelines for licensing and regulating surgical assistants in the District. The guidelines shall set forth the actions that surgical assistants may perform in collaboration with a licensed surgeon, who shall be responsible for the overall medical direction of the care and treatment of patients.

(2)(A) Guidelines approved by the Board of Medicine under § 3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

(B) The Advisory Committee on Surgical Assistants shall submit revised guidelines to the Board of Medicine by June 22, 2015.

(3) The Advisory Committee on Surgical Assistants shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.


(Oct. 3, 2001, D.C. Law 14-28, § 4947; as added May 2, 2015, D.C. Law 20-271, § 202(b), 62 DCR 1884.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) creation of this section, see § 202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 7–743.08. Advisory Committee on Athletic Trainers.

(a) There is established an Advisory Committee on Athletic Trainers to consist of 5 members as follows:

(1) The Director of the Department of Health, or his or her designee; and

(2) Four athletic trainers licensed in the District.

(b) Of the appointees to the Advisory Committee on Athletic Trainers other than the Director, 2 shall serve an initial term of 2 years and 2 shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c)(1) The Advisory Committee on Athletic Trainers shall develop and submit to the Board of Medicine guidelines for licensing, registration, and regulation of athletic trainers in the District. The guidelines shall set forth the education and experience requirements for registration and licensure and the actions that athletic trainers may perform.

(2)(A) Guidelines approved by the Board of Medicine under § 3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

(B) The Advisory Committee on Athletic Trainers shall submit revised guidelines to the Board of Medicine by October 1, 2019.

(3) The Advisory Committee on Athletic Trainers shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.


(Oct. 3, 2001, D.C. Law 14-28, § 4948; as added Apr. 11, 2019, D.C. Law 22-300, § 3, 66 DCR 2024.)


§ 7–743.09. Advisory Committee on Certified Professional Midwives.

(a)(1) There is established an Advisory Committee on Certified Professional Midwives to consist of 7 members as follows:

(A) The Director of the Department of Health, or designee;

(B) Three certified professional midwives, as that term is defined in § 3-1201.01[(1D)];

(C) One licensed physician who is an obstetrician certified by the American Board of Obstetrics and Gynecology and who has professional experience working with certified professional midwives or other community-based midwives;

(D) One certified nurse-midwife who has worked in a non-hospital setting or who has had professional experience working with certified professional midwives; and

(E) A former consumer of midwifery services as the consumer member.

(2) Individuals appointed in accordance with paragraph (1) of this subsection who are required to be licensed shall be licensed to practice their respective professions in the District.

(b) Of the appointees to the Advisory Committee on Certified Professional Midwives other than the Director of the Department of Health, 3 shall serve an initial term of 2 years and 3 shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c)(1) The Advisory Committee on Certified Professional Midwives shall develop and submit to the Board guidelines for licensing certified professional midwives and regulating the practice of certified professional midwifery in the District.

(2) Guidelines submitted pursuant to paragraph (1) of this subsection shall:

(A) Be consistent with the standards of practice and ethical conduct established by the National Association of Certified Professional Midwives and the North American Registry of Midwives ("NARM"), but these practice guidelines shall not be interpreted to set, establish, define, enumerate, or otherwise lower the applicable standard of care for a certified professional midwife or certified nurse-midwife;

(B) Define expected standards of practice and conduct;

(C) Specify a process for a certified professional midwife to obtain appropriate screening and testing for clients, including laboratory tests, urinalysis, and ultrasounds;

(D) Specify a process for a certified professional midwife to obtain and administer antihemorrhagic agents, including:

(i) Pitocin, oxytocin, misoprostol, and methergine;

(ii) Intravenous fluids, neonatal injectable vitamin K, newborn antibiotic eye prophylaxis, oxygen, intravenous antibiotics for Group B Streptococcal antibiotic prophylaxis, Rho (D) immune globulin, local anesthetic, epinephrine, and terbutaline for non-reassuring fetal heart tones and cord prolapse pending transport;

(iii) Globulin, local anesthetic, and epinephrine; and

(iv) Other pharmaceutical agents, consistent with either the scope of the practice of midwifery, or a prescription issued by a health professional for a patient-client of a midwife, that are approved by the Board of Medicine;

(E) Authorize medical device distributors and manufacturers to issue breast pumps, compression stockings and belts, and maternity belts to CPMs;

(F) Require a CPM to provide each client with a signed informed consent form that describes the CPM's qualifications, education, a copy of the CPM's emergency plan, whether the CPM carries professional liability insurance, and the benefits and risks of birth in the setting of choice of the patient-client, and maintain a record of each patient-client's signed informed consent form;

(G) Require a CPM, subject to the consent of the patient-client, to report the patient-client's data to a national data registry, such as the Midwives Alliance of North America Statistical Registry or the AABC Perinatal Registry;

(H) Adopt professional continuing education requirements for certified professionals consistent with those required by NARM for recertification;

(I) Establish requirements for peer review consistent with those required by NARM for recertification under which information disclosed for peer review shall be protected in accordance with § 44-805;

(J) Require the CPM to file a birth certificate for each live birth attended by a certified professional midwife, in accordance with § 7-231.08; and

(K) Not be interpreted to set, establish, define, enumerate, or otherwise lower the applicable standard of care for a licensed physician, licensed naturopathic physician, certified professional midwife, certified nurse-midwife, or licensed basic or advanced emergency medical technician.

(3) Guidelines currently approved by the Board of Medicine under § 3-1202.03, shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

(4) The Advisory Committee on Certified Professional Midwives shall submit revised guidelines to the Board of Medicine by October 1, 2020.


(Oct. 3, 2001, D.C. Law 14-28, § 4949; as added June 17, 2020, D.C. Law 23-97, § 3, 67 DCR 3912; Mar. 16, 2021, D.C. Law 23-251, § 302, 68 DCR 001234.)

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 creation 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 creation of this section by § 3 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.

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.