Code of the District of Columbia

§ 3–1202.03. Board of Medicine; Advisory Committees on Acupuncture, Anesthesiologist Assistants, Naturopathic Medicine, Physician Assistants, Polysomnography, Surgical Assistants, Trauma Technologists, Athletic Trainers, and Certified Professional Midwives.

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in December, 2021.*

(a)(1) There is established a Board of Medicine to consist of 15 members appointed by the Mayor with the advice and consent of the Council.

(2) The Board shall regulate the practice of medicine, the practice of doulas, the practice of acupuncture with the advice of the Advisory Committee on Acupuncture, the practice by anesthesiologists assistants with the advice of the Advisory Committee on Anesthesiologists Assistants, the practice of naturopathic medicine with the advice of the Advisory Committee on Naturopathic Medicine, the practice by physician assistants with the advice of the Advisory Committee on Physician Assistants, the practice of surgical assistants with the advice of the Advisory Committee on Surgical Assistants, the practice by physicians-in-training, the practice of trauma technologists with the advice of the Advisory Committee on Trauma Technologists, the practice of athletic trainers with the advice of the Advisory Committee on Athletic Trainers, and the practice of certified professional midwives with the advice of the Advisory Committee on Certified Professional Midwives.

(3) Of the members of the Board, 10 shall be physicians licensed to practice in the District, 4 shall be consumer members, and 1 shall be the Director of the Department of Health, or his or her designee.

(4) In selecting nominees to the Board, the Mayor shall consult with appropriate officials of professional medical societies and schools of medicine located in the District, and shall submit nominees whose professional training and experience provide a representative sample of the medical specialties practiced in the District.

(5) Except as provided in paragraph (6) of this subsection, members of the Board shall be appointed for terms of 3 years. This paragraph shall not apply to the Director of the Department of Health who shall serve for the duration of his or her term as Director.

(6) Of the members initially appointed under this section, 3 shall be appointed for a term of 1 year, 3 shall be appointed for a term of 2 years, and 4 shall be appointed for a term of 3 years. The terms of the members first appointed shall begin on the date that a majority of the first members are sworn in, which shall become the anniversary date for all subsequent appointments.

(7)(A) The Mayor shall appoint an executive director who shall be a full-time employee of the District to administer and implement the orders of the Board in accordance with this chapter and rules and regulations issued pursuant to this chapter.

(B) On or before January 1, 2007, in addition to the executive director, the Mayor shall require, at a minimum, that an investigator, an attorney, and 2 clerical support staff be hired, which persons shall be full-time employees of the District and whose work shall be limited solely to administering and implementing the orders of the Board in accordance with this chapter and rules and regulations issued pursuant to this chapter. The mandatory minimum number of employees established under this section shall not restrict the Mayor’s ability to authorize additional staff.

(8) The Board shall provide recommendations to the Mayor for his or her consideration in developing and issuing rules authorizing:

(A) The practice of acupuncture in accordance with guidelines approved by the Advisory Committee on Acupuncture;

(B) Repealed;

(B-i) The practice by anesthesiologist assistants in accordance with guidelines approved by the Advisory Committee on Anesthesiologist Assistants;

(B-ii) The practice of naturopathic medicine in accordance with guidelines approved by the Advisory Committee on Naturopathic Medicine;

(C) The practice by physician assistants in accordance with guidelines approved by the Advisory Committee on Physician Assistants;

(C-i) The practice of polysomnography in accordance with guidelines approved by the Advisory Committee on Polysomnography;

(D) The practice of surgical assistants in accordance with guidelines approved by the Advisory Committee on Surgical Assistants;

(E) The practice by physicians-in-training;

(F) The practice of trauma technologists in accordance with guidelines approved by the Advisory Committee on Trauma Technologists;

(G) The practice of athletic trainers in accordance with guidelines approved by the Advisory Committee on Athletic Trainers;

(H) The practice of certified professional midwifery in accordance with guidelines issued by the Advisory Committee on Certified Professional Midwives; and

(I) The practice of doulas.

(a-1)(1) The Board shall waive the educational and examination requirements for any applicant for licensure as a physician assistant who can demonstrate, to the satisfaction of the Board, that he or she has performed the function of a physician assistant, as defined in this chapter and rules issued pursuant to this chapter, on a full-time or substantially full-time basis continuously for at least 36 months immediately preceding March 25, 1986, and is qualified to do so on the basis of pertinent education, training, experience, and demonstrated current competence, provided that application for the license is made within 12 months of July 25, 1990.

(2) An applicant licensed under paragraph (1) of this subsection shall be eligible for license renewal on the same terms as any other licensed physician assistant.

(a-2) Pursuant to § 7-1671.07, the Board shall review and audit written recommendations for the use of medical marijuana issued by a physician, individual licensed to practice naturopathic medicine, or physician assistant pursuant to § 7-1671.04 and shall have the authority to discipline any physician, individual licensed to practice naturopathic medicine, or physician assistant who has acted outside the scope of such person's authority under Chapter 16B of Title 7 [§ 7-1671.01 et seq.].

(b) Repealed.

(c) Repealed.

(c-1) Repealed.

(c-2) Repealed.

(d) Repealed.

(d-1) Repealed.

(d-2) Repealed.

(d-3) Repealed.

(e) Repealed.

(f) Repealed.

(g) Repealed.

(h)(1) The Board may convene a subcommittee, of either members of the Board or nonmembers of the Board, to provide advice and assistance on a specified issue or discipline under the purview of the Board.

(2) The individuals appointed pursuant to this subsection shall be exempt from §§ 3-1204.01(a) and (b), 3-1204.02, and 3-1204.03. The Board shall specify:

(A) The purpose and scope of the subcommittee;

(B) The qualifications for appointment;

(C) The length of each individual’s term, if any;

(D) The powers, duties, and responsibilities of each individual; and

(E) Any other criteria that the Board considers necessary and appropriate.