D.C. Code § 3-1202.03

Current through codified legislation effective September 18, 2024
Section 3-1202.03 - Board of Medicine; Advisory Committees on Anesthesiologist Assistants, Polysomnography, Surgical Assistants, Trauma Technologists, Athletic Trainers, Maternal Care Professionals, and Medical Radiation Technologists
(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 by anesthesiologists assistants with the advice of the Advisory Committee on Anesthesiologist Assistants, the practice of medical radiation technology with the advice of the Advisory Committee on Medical Radiation Technologists, the practice by physician assistants, the practice by surgical assistants with the advice of the Advisory Committee on Surgical Assistants, the practice by physicians-in-training, the practice by trauma technologists with the advice of the Advisory Committee on Trauma Technologists, the practice of athletic training with the advice of the Advisory Committee on Athletic Trainers, and the practices of certified professional midwifery and doulas with the advice of the Advisory Committee on Maternal Care Professionals.
(2A) The Board shall also regulate the practice of acupuncture and the practice of naturopathic medicine until the Board of Integrative Healthcare commences operations pursuant to section 224(f).
(3)
(A)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; except, that from July 19, 2024, of the members of the Board, 9 shall be physicians licensed to practice in the District, 2 shall be physician assistants licensed to practice in the District, 3 shall be consumer members, and one shall be the Director of the Department of Health, or his or her designee.
(B) The Chair of the Board as of the effective date of the 2024 Act shall be a physician member.
(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) [Repealed by 2024 Amendment.]
(B) Repealed;
(B-i) The practice by anesthesiologist assistants in accordance with guidelines approved by the Advisory Committee on Anesthesiologist Assistants;
(B-ii) [Repealed by 2024 Amendment.]
(C) The practice by 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 Maternal Care Professionals;
(I) The practice of doulas in accordance with guidelines issued by the Advisory Committee on Maternal Care Professionals; and
(J) The practice of medical radiation technology in accordance with guidelines approved by the Advisory Committee on Medical Radiation Technologists.
(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) [Repealed by 2024 Amendment.]
(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.

D.C. Code § 3-1202.03

Amended by D.C. Law 25-191,§ I-101, 71 DCR 006698, eff. 7/19/2024.
Amended by D.C. Law 24-170, § 3 , 69 DCR 009207, eff. 9/21/2022.
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, § 203, 33 DCR 729; Oct. 7, 1987, D.C. Law 7-31, § 3(b), 34 DCR 3789; Jan. 30, 1990, D.C. Law 8-60, §2, 36 DCR 7386; July 25, 1990, D.C. Law 8-152, § 2, 37 DCR 3743; Mar. 21, 1995, D.C. Law 10-231, § 2(c), 42 DCR 15; Mar. 23, 1995, D.C. Law 10-247, § 2(d), 42 DCR 457; July 8, 2004, D.C. Law 15-172, § 2(c), 51 DCR 4938; Mar. 16, 2005, D.C. Law 15-237, §2(c), 51 DCR 10593; Oct. 20, 2005, D.C. Law 16-33, § 5022, 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191, § 17(a), 53 DCR 6794; Mar. 6, 2007, D.C. Law 16-228, § 2(c), 53 DCR 10244; Mar. 14, 2007, D.C. Law 16-263, § 201(a), 54 DCR 807; Mar. 25, 2009, D.C. Law 17-353, § 188(a), 56 DCR 1117; July 7, 2009, D.C. Law 18-12, § 2(b), 56 DCR 3605; July 27, 2010, D.C. Law 18-210, § 3(a), 57 DCR 4798; Mar. 14, 2012, D.C. Law 19-104, § 2(b), 59 DCR 435; Jan. 25, 2014, D.C. Law 20-64, § 2(c), 60 DCR 16533; May 2, 2015, D.C. Law 20-271, § 201, 62 DCR 1884; Feb. 18, 2017, D.C. Law 21-209, § 3(b), 63 DCR 15291; Apr. 11, 2019, D.C. Law 22-300, § 2(b), 66 DCR 2024.