Current through codified legislation effective September 18, 2024
Section 3-1201.01 - General definitions For the purposes of this chapter, the term:
(1) "Board" means the Board of Dentistry, the Board of Dietetics and Nutrition, the Board of Integrative Healthcare, the Board of Medicine, the Board of Nursing, the Board of Optometry, the Board of Pharmacy, the Board of Podiatry, the Board of Professional Counseling, the Board of Psychology, the Board of Rehabilitative Therapies, the Board of Respiratory Care, the Board of Social Work, or the Board of Veterinary Medicine established by this act, as the context requires.(1A) "Boards of Allied Health" means the Board of Dentistry, the Board of Dietetics and Nutrition, the Board of Massage Therapy, the Board of Optometry, the Board of Podiatry, the Board of Rehabilitative Therapies, and the Board of Respiratory Care.(1B) "Boards of Behavioral Health" means 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 act 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certified professional midwifery who holds a valid certification from the North American Registry of Midwives.(1E) [Repealed by 2024 Amendment.](2) "Collaboration" means the process in which health professionals jointly contribute to the health care of patients with each collaborator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) "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.(6C-i) "Electronic form" means a record created, generated, sent, communicated, received, or stored by electronic means.(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) [Repealed by 2024 Amendment.](10B) [Repealed by 2024 Amendment.](10C) [Repealed by 2024 Amendment.](10D) "Patient-client" means a person under the care of a health professional providing maternal services 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.(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 or until such time that the specified conditions in an order are satisfied.(15A) "Telehealth" means the use of synchronous or asynchronous telecommunication technology to provide access to health assessment, diagnosis, intervention, consultation, supervision, and information where the health professional and the patient, client, or supervisee are located at different physical locations.(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 and is licensed to practice veterinary medicine in the District.(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.Amended by D.C. Law 25-191,§ I-101, 71 DCR 006698, eff. 7/19/2024.Amended by D.C. Law 24-290, § 2 , 70 DCR 000553, eff. 3/10/2023.Amended by D.C. Law 24-170, § 3 , 69 DCR 009207, eff. 9/21/2022.Amended by D.C. Law 24-46, § 2 , 69 DCR 000177, eff. 12/29/2021.Amended by D.C. Law 24-45, § V-E-5042 , 68 DCR 010163, eff. 11/13/2021.Amended by D.C. Law 23-97, § 2 , 67 DCR 3912, eff. 6/17/2020.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.