No person shall practice, attempt to practice, or offer to practice a health occupation licensed, registered, certified, or regulated under this chapter in the District unless currently licensed, registered, or certified, or exempted from licensure, registration, or certification, under this chapter.
(Mar. 25, 1986, D.C. Law 6-99, § 1001, 33 DCR 729; July 18, 2009, D.C. Law 18-26, § 2(g), 56 DCR 4043.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-3310.1.
Effect of Amendments
D.C. Law 18-26 rewrote the section, which had read as follows:
"No person shall practice, attempt to practice, or offer to practice a health occupation licensed or regulated under this chapter in the District unless currently licensed, or exempted from licensing, under this chapter."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(g) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).
Legislative History of Laws
For legislative history of D.C. Law 6-99, see Historical and Statutory Notes following § 3-1201.01.
For Law 18-26, see notes following § 3-1201.01.
Unless authorized to practice a health occupation under this chapter, a person shall not represent to the public by title, description of services, methods, or procedures, or otherwise that the person is authorized to practice the health occupation in the District.
(Mar. 25, 1986, D.C. Law 6-99, § 1002, 33 DCR 729.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-3310.2.
Legislative History of Laws
For legislative history of D.C. Law 6-99, see Historical and Statutory Notes following § 3-1201.01.
(a) Unless authorized to practice acupuncture under this chapter, a person shall not use or imply the use of the words or terms "acupuncture," "acupuncturist," or any similar title or description of services with the intent to represent that the person practices acupuncture.
(b) Unless authorized to practice as an advanced practice registered nurse under this chapter, a person shall not use or imply the use of the words or terms "advanced practice registered nurse", "A.P.R.N.", "certified registered nurse anesthetist", "C.R.N.A.", "certified nurse midwife", "C.N.M.", "clinical nurse specialist", "C.N.S.", "nurse practitioner", "N.P.", or any similar title or description of services with the intent to represent that the person practices advanced registered nursing.
(c) Unless authorized to practice chiropractic under this chapter, a person shall not use or imply the use of the words or terms "chiropractic," "chiropractic physician," "chiropractic orthopedist," "chiropractic neurologist," chiropractic radiologist," "chiropractor," "Doctor of Chiropractic," "D.C.", or any similar title or description of services with the intent to represent that the person practices chiropractic.
(d) Unless authorized to practice dentistry under this chapter, a person shall not use or imply the use of the words or terms "dentistry," "dentist," "D.D.S.", "D.M.D.", "endodontist," "oral surgeon," "maxillofacial surgeon," "oral pathologist," "orthodontist," "pedodontist," "periodontist," "prosthodontist," "public health dentist," or any similar title or description of services with the intent to represent that the person practices dentistry.
(e) Unless authorized to practice dentistry or dental hygiene under this chapter, a person shall not use or imply the use of the words or terms "dental hygiene," "dental hygienist," or similar title or description of services with the intent to represent that the person practices dental hygiene.
(f) Unless authorized to practice dietetics or nutrition under this chapter, a person shall not use or imply the use of the words or terms "dietitian/nutritionist," "licensed dietitian," "licensed nutritionist," "dietitian," "nutritionist," "L.D.N.", "L.D.", "L.N.", or any similar title or description of services with the intent to represent that the person practices dietetics or nutrition.
(g) Unless authorized to practice medicine under this chapter, a person shall not use or imply the use of the words or terms "physician," "surgeon," "medical doctor," "doctor of osteopathy," "M.D.", "anesthesiologist," "cardiologist," "dermatologist," "endocrinologist," "gastroenterologist," "general practitioner," "gynecologist," "hematologist," "internist," "laryngologist," "nephrologist," "neurologist," "obstetrician," "oncologist," "ophthalmologist," "orthopedic surgeon," "orthopedist," "osteopath," "otologist," "otolaryngologist," "otorhinolaryngologist," "pathologist," "pediatrician," "primary care physician," "proctologist," "psychiatrist," "radiologist," "rheumatologist," "rhinologist," "urologist," or any similar title or description of services with the intent to represent that the person practices medicine.
(h) Unless authorized to practice nursing home administration under this chapter, a person shall not use the words or terms "nursing home administration," "nursing home administrator," "N.H.A.", or any similar title or description of services with the intent to represent that the person practices nursing home administration.
(i) Unless authorized to practice occupational therapy under this chapter, a person shall not use the words or terms "occupational therapy," "occupational therapist," "licensed occupational therapist," "O.T.", "O.T.R.", "L.O.T.", "O.T.R/L.", or any similar title or description of services with the intent to represent that the person practices occupational therapy.
(j) Unless authorized to practice as an occupational therapy assistant under this chapter, a person shall not use the words or terms "occupational therapy assistant," "licensed occupational therapy assistant," "certified occupational therapy assistant," "O.T.A.", "L.O.T.A.", "C.O.T.A.", "O.T.A.L.", or" any similar title or description of services with the intent to represent that the person practices as an occupational assistant.
(k) Unless authorized to practice optometry under this chapter, a person shall not use the words or terms "optometry," "optometrist," "Doctor of Optometry," "contactologist," "O.D.", or any similar title or description of services with the intent to represent that the person practices optometry.
(l) Unless authorized to practice pharmacy under this chapter, a person shall not use the words or terms "pharmacy," "pharmacist," "druggist," "registered pharmacist," "R.Ph.", "Ph.G.", or any similar title or description of services with the intent to represent that the person practices pharmacy.
(m) Unless authorized to practice physical therapy under this chapter, a person shall not use the words or terms "physical therapy," "physical therapist," "physiotherapist," "physical therapy technician," "P.T.", "L.P.T.", "R.P.T.", "P.T.T.", or any similar title or description of services with the intent to represent that the person practices physical therapy.
(m-1) Unless authorized to practice as a physical therapy assistant under this chapter, a person shall not use or imply the use of the words or terms "physical therapy assistant", "licensed physical therapy assistant", "certified physical therapy assistant", "P.T.A.", "L.P.T.A. ", "C.P.T.A.", or any similar title or description of services with the intent to represent that the person practices as a physical therapy assistant.
(n) Unless authorized to practice as a physician assistant under this chapter, a person shall not use or imply the use of the words or terms "physician assistant," "P.A.", "surgeon's assistant," or any similar title or description of services with the intent to represent that the person practices as a physician assistant.
(o) Unless authorized to practice podiatry under this chapter, a person shall not use the words or terms "podiatry," "podiatrist," "podiatric," "foot specialist," "foot correctionist," "foot expert," "practipedist," "podologist," "D.P.M.", or any similar title or description of services with the intent to represent that the person practices podiatry.
(p) Unless authorized to practice practical nursing under this chapter, a person shall not use the words or terms "practical nurse," "licensed practical nurse," "L.P.N.", or any similar title or description of services with the intent to represent that the person practices practical nursing.
(q) Unless authorized to practice psychology under this chapter, a person shall not use the words or terms "psychology," "psychologist", "psychology associate", or similar title or description of services with the intent to represent that the person practices psychology.
(r) Unless authorized to practice registered nursing under this chapter, a person shall not use the words or terms "registered nurse," "certified nurse," "graduate nurse," "trained nurse," "R.N.", or any similar title or description of services with the intent to represent that the person practices registered nursing.
(s) Unless authorized to practice social work under this chapter, a person shall not use the words or terms "social worker," "clinical social worker," "graduate social worker," "independent social worker," "licensed independent social worker," "L.I.S.W.", "licensed independent clinical social worker," "L.I.C.S.W.", or any similar title or description of services with the intent to represent that the person practices social work.
(t) Unless authorized to practice professional counseling pursuant to this chapter, a person shall not use the phrase "licensed professional counselor" or "licensed graduate professional counselor", or any similar title or description of services with the intent to represent that the person practices professional counseling. Nothing in this subsection shall restrict the use of the generic terms "counseling" or "counselor".
(u) Unless authorized to practice respiratory care pursuant to this chapter, a person shall not use the phrase "licensed respiratory care practitioner" or any similar title or description of services with the intent to represent that the person is a respiratory care practitioner.
(v) Unless authorized to practice massage therapy under this chapter, a person shall not use or imply the use of the words or terms "massage therapy", "therapeutic massage", "myotherapy", "bodyrub", or similar title or description of services, or the initials "LMT", with the intent to represent that the person practices massage.
(w) Unless authorized to practice marriage and family therapy under this chapter, a person shall not use or imply the use of the words or terms "marriage and family therapist" or "MFT," or any similar title or description of services, with the intent to represent that the person practices marriage and family therapy.
(x) Unless authorized to practice naturopathic medicine under this chapter, a person shall not use the words or terms "Doctor of Naturopathic Medicine", "Naturopathic Physician", "Licensed Naturopath", "Naturopathic Doctor", "Doctor of Naturopathy", "ND", or "NMD", or any similar title or description of services, with the intent to represent that the person practices naturopathic medicine.
(y) Unless authorized to practice as an anesthesiologist assistant under this chapter, a person shall not use or imply the use of the words or terms "anesthesiologist assistant," or "A.A.", or any similar title or description of services with the intent to represent that the person practices as an anesthesiologist assistant.
(z) Unless authorized to practice audiology or speech-language pathology pursuant to this chapter, a person shall not advertise the performance of audiology or speech-language; use a title or description such as "audiological," "audiologist," "audiology," "hearing clinic," "hearing clinician," "hearing or aural rehabilitation," "hearing specialist," "communication disorders," "communicologist," "language pathologist," "logopedist," "speech and language clinician," "speech and language therapist," "speech clinic," "speech clinician," "speech correction," "speech correctionist," "speech pathology," "speech-language pathology," "speech therapist," or "speech therapy," or any other name, style, or description denoting that the person is an audiologist or speech-language pathologist or practicing audiology or speech-language pathology.
(aa) Unless authorized to practice as a surgical assistant under this chapter, a person shall not use or imply the use of the words or terms "surgical assistant," or "S.A.", or any similar title or description of services with the intent to represent that the person practices as a surgical assistant.
(bb) Unless authorized to practice addiction counseling under this chapter, a person shall not use or imply the use of the words or terms "addiction counselor", "licensed addiction counselor", "supervised addiction counselor," "certified addiction counselor I", "certified addiction counselor II", "advanced practice addiction counselor", "C.A.C.I.", "C. A.C.II.", "A.P.A.C.", or any similar title or description of services with the intent to represent that the person practices as an addiction counselor.
(cc) Unless authorized to practice as nursing assistive personnel under this chapter, a person shall not use or imply the use of the words or terms "nursing assistant,' "home health aide," "trained medication employee," "dialysis technician," "health aide," or any similar title or description of services with the intent to represent that the person practices as a member of nursing assistive personnel.
(dd) Unless authorized to practice polysomnography under this chapter, a person shall not use or imply the use of the words or terms "polysomnographic technologist", "registered polysomnographic technologist", "licensed polysomnographic technologist", "RPSGT", "LPSGT", "polysomnographic technician", "polysomnographic trainee", or any similar title or description of services with the intent to represent that the person practices polysomnography.
(Mar. 25, 1986, D.C. Law 6-99, § 1003, 33 DCR 729; July 22, 1992, D.C. Law 9-126, § 2(i), 39 DCR 3824; Mar. 14, 1995, D.C. Law 10-203, § 2(g), 41 DCR 7707; Mar. 14, 1995, D.C. Law 10-205, § 2(g), 41 DCR 7712; Mar. 23, 1995, D.C. Law 10-247, § 2(y), 42 DCR 457; Apr. 18, 1996, D.C. Law 11-110, § 7(g), 43 DCR 530; March 10, 2004, D.C. Law 15-88, § 2(j), 50 DCR 10999; July 8, 2004, D.C. Law 15-172, § 2(i), 51 DCR 4938; Mar. 16, 2005, D.C. Law 15-237, § 2(i), 51 DCR 10593; Mar. 6, 2007, D.C. Law 16-219, § 2(h), 53 DCR 10211; Mar. 6, 2007, D.C. Law 16-220, § 2(e), 53 DCR 10216; Mar. 6, 2007, D.C. Law 16-228, § 2(j), 53 DCR 10244; Mar. 25, 2009, D.C. Law 17-353, § 151, 56 DCR 1117; July 7, 2009, D.C. Law 18-19, § 2(d), 56 DCR 3629; July 18, 2009, D.C. Law 18-26, § 2(h), 56 DCR 4043.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-3310.3.
Effect of Amendments
D.C. Law 15-88 added subsec. (w).
D.C. Law 15-172 added subsec. (x).
D.C. Law 15-237 added subsec. (y).
D.C. Law 16-219, added subsec. (z).
D.C. Law 16-220, added subsec. (m-1).
D.C. Law 16-228, added subsec. (aa).
D.C. Law 17-353 validated a previously made technical correction in subsec. (aa).
D.C. Law 18-19, in subsec. (x), deleted the last sentence, which had read as follows: "Nothing in this subsection shall be construed as prohibiting a person registered to practice naturopathy or naturopathic healing under § 3- 1209.01 from using the terms "Naturopath" or "Registered Naturopath".
D.C. Law 18-26 rewrote subsec. (c); in subsec. (i), inserted "'O.T.R/L.',"; in subsec. (j), inserted "'O.T.A.L.',"; in subsec. (q), inserted "'psychology associate',"; in subsec. (t), inserted "or 'licensed graduate professional counselor"'; and added subsecs. (bb) to (cc). Prior to amendment, subsec. (c) read as follows:
"(c) Unless authorized to practice chiropractic under this chapter, a person shall not use or imply the use of the words or terms "chiropractic," "chiropractor," "Doctor of Chiropractic," "D.C.", or any similar title or description of services with the intent to represent that the person practices chiropractic."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(h) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).
Legislative History of Laws
For legislative history of D.C. Law 6-99, see Historical and Statutory Notes following § 3-1201.01.
For legislative history of D.C. Law 9-126, see Historical and Statutory Notes following § 3-1202.13.
For legislative history of D.C. Law 10-203, see Historical and Statutory Notes following § 3-1201.01.
For legislative history of D.C. Law 10-205, see Historical and Statutory Notes following § 3-1207.31.
For legislative history of D.C. Law 10-247, see Historical and Statutory Notes following § 3-1201.01.
For legislative history of D.C. Law 11-110, see Historical and Statutory Notes following § 3-1201.02.
For Law 15-88, see notes following § 3-1201.01.
For Law 15-172, see notes following § 3-1201.02.
For Law 15-237, see notes following § 3-1206.31.
For Law 16-219, see notes following § 3-1201.01.
For Law 16-220, see notes following § 3-1201.02.
For Law 16-228, see notes following § 3-1201.02.
For Law 17-353, see notes following § 3-308.
For Law 18-19, see notes following § 3-1201.02.
For Law 18-26, see notes following § 3-1201.01.
(a) No person shall file or attempt to file with any board or the Mayor any statement, diploma, certificate, credential, or other evidence if the person knows, or should know, that it is false or misleading.
(b) No person shall knowingly make a false statement that is in fact material under oath or affirmation administered by any board or hearing officer.
(Mar. 25, 1986, D.C. Law 6-99, § 1004, 33 DCR 729.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-3310.4.
Legislative History of Laws
For legislative history of D.C. Law 6-99, see Historical and Statutory Notes following § 3-1201.01.
No person shall sell or fraudulently obtain or furnish any diploma, license, certificate or registration, record, or other document required by this chapter, by any board, or by the Mayor.
(Mar. 25, 1986, D.C. Law 6-99, § 1005, 33 DCR 729.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-3310.5.
Legislative History of Laws
For legislative history of D.C. Law 6-99, see Historical and Statutory Notes following § 3-1201.01.
(a) Nothing in this chapter regulating the practice of pharmacy shall be construed as altering or affecting in any way District or federal laws requiring a written prescription for controlled substances or other dangerous drugs.
(b)(1) No pharmacist shall supervise more than 1 pharmacy intern at a time without prior approval of the Board of Pharmacy.
(2) No one other than a licensed pharmacist shall receive an oral prescription for Schedule II controlled substances.
(3) It shall be unlawful for a pharmacy intern to compound or dispense any drug by prescription in the District except while in the presence of and under the immediate supervision of a pharmacist.
(4) Any person engaging in the practice of pharmacy as a pharmacy intern shall register with the Mayor and shall comply with the applicable provisions of this chapter and subpart C of subchapter IV of Chapter 28 of Title 47.
(Mar. 25, 1986, D.C. Law 6-99, § 1006, 33 DCR 729.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-3310.6.
Legislative History of Laws
For legislative history of D.C. Law 6-99, see Historical and Statutory Notes following § 3-1201.01.
(a) A pharmacist who provides prescription services to medical assistance recipients shall offer to discuss with each medical assistance recipient or caregiver who presents a prescription order for outpatient drugs any matter which, in the exercise of the pharmacist's professional judgment, the pharmacist deems significant, which may include the following:
(1) The name and description of the medication;
(2) The dosage form, dosage, route of administration, and duration of drug therapy;
(3) Special directions, precautions for preparation, administration, and use by the patient;
(4) Common severe side or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if they occur;
(5) Techniques for self-monitoring drug therapy;
(6) Proper storage;
(7) Prescription refill information; and
(8) Action to be taken in the event of a missed dose.
(b) The offer to discuss may be made in the manner determined by the professional judgment of the pharmacist, which may include any 1 or a combination of the following:
(1) A face-to-face communication with the pharmacist or the pharmacist's designee;
(2) A sign posted in such a manner that it can be seen by patients;
(3) A notation affixed to or written on the bag in which the prescription is to be dispensed;
(4) A notation contained on the prescription container;
(5) Communication by telephone; or
(6) Any other manner prescribed by rule.
(c) Nothing in this section shall be construed as requiring a pharmacist to provide consultation if the medical assistance recipient or caregiver refuses the consultation. These refusals shall be noted in the profile maintained in accord with subsection (d) of this section for a medical assistance recipient.
(d) A pharmacist shall make a reasonable effort to obtain, record, and maintain, at the individual pharmacy, the following minimal information regarding a medical assistance recipient receiving a prescription:
(1) Name, address, telephone number, date of birth or age, and gender;
(2) Individual patient history when significant, including known allergies and drug reactions, and a comprehensive list of medications and relevant devices; and
(3) Pharmacist comments relevant to the individual's drug therapy, which may be recorded either manually or electronically in the patient's profile, including any failure to accept the pharmacist's offer to counsel.
(e) This section shall apply only to medical assistance recipients presenting prescriptions for covered outpatient drugs.
(f) The requirements of this section do not apply to refill prescriptions.
(g) The Mayor may adopt regulations implementing the provisions of this section to assure compliance with federal medical assistance requirements.
(Mar. 25, 1986, D.C. Law 6-99, § 1006a, as added Apr. 26, 1994, D.C. Law 10-102, § 2, 41 DCR 1002.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-3310.6a.
Temporary Addition of Section
For temporary (225 day) addition of section, see § 2 of Patient Counseling Temporary Amendment Act of 1992 (D.C. Law 9-258, March 25, 1993, law notification 40 DCR 2328).
For temporary (225 day) addition of section, see § 2 of Patient Counseling Temporary Amendment Act of 1993 (D.C. Law 10-84, March 19, 1994, law notification 41 DCR 1634).
Emergency Act Amendments
For temporary addition of section, see § 2 of the Patient Counseling Emergency Amendment Act of 1992 (D.C. Act 9-371, December 31, 1992, 40 DCR 621). Section 3 of the Act provided that if any provisions of the act or the application thereof to any health care provider is deemed improper and would thereafter cause the denial of any portion of the federal share of payment for Medical Assistance expenditures by the United States Department of Health and Human Services, that provision shall be declared invalid, but the invalidity shall not affect other provisions or any other application of the act which can be given effect without the invalid provision or application.
For temporary addition of section, see § 2 of the Patient Counseling Emergency Amendment Act of 1993 (D.C. Act 10-143, November 4, 1993, 40 DCR 8074).
For temporary addition of section, see § 2 of the Patient Counseling Congressional Recess Emergency Amendment Act of 1994 (D.C. Act 10-178, January 25, 1994, 41 DCR 517).
Section 3 of D.C. Act 10-178 provides that if any provision of this act or the application thereof to any health care provider is deemed improper and would therefore cause the denial of any portion of the federal share of payment for Medical Assistance expenditures by the United States Department of Health and Human Services, then that provision shall be declared invalid, but the invalidity shall not affect other provisions or any other application of this act which can be given effect without the invalid provision or application.
Legislative History of Laws
Law 10-102, the "Patient Counseling Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-376, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on January 4, 1994, and February 1, 1994, respectively. Signed by the Mayor on February 17, 1994, it was assigned Act No. 10-190 and transmitted to both Houses of Congress for its review. D.C. Law 10-102 became effective on April 26, 1994.
(a) Any person who violates any provision of this chapter shall, upon conviction, be subject to imprisonment not to exceed 1 year, or a fine not to exceed $10,000, or both.
(b) Any person who has been previously convicted under this chapter shall, upon conviction, be subject to imprisonment not to exceed 1 year, or a fine not to exceed $25,000, or both.
(Mar. 25, 1986, D.C. Law 6-99, § 1007, 33 DCR 729; Mar. 23, 1995, D.C. Law 10-247, § 2(z), 42 DCR 457.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-3310.7.
Legislative History of Laws
For legislative history of D.C. Law 6-99, see Historical and Statutory Notes following § 3-1201.01.
For legislative history of D.C. Law 10-247, see Historical and Statutory Notes following § 3-1201.01.
(a) Prosecutions for violations of this chapter shall be brought in the name of the District of Columbia by the Office of the Attorney General for the District of Columbia.
(b) In any prosecution brought under this chapter, any person claiming an exemption from licensure, registration, or certification under this chapter shall have the burden of providing entitlement to the exemption.
(Mar. 25, 1986, D.C. Law 6-99, § 1008, 33 DCR 729; Mar. 23, 1995, D.C. Law 10-247, § 2(aa), 42 DCR 457; July 18, 2009, D.C. Law 18-26, § 2(i), 56 DCR 4043.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-3310.8.
Effect of Amendments
D.C. Law 18-26, in subsec. (a), substituted "Office of the Attorney General for the District of Columbia" for "Corporation Counsel"; and, in subsec. (b), substituted "from licensure, registration, or certification" for "from licensing".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(i) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).
Legislative History of Laws
For legislative history of D.C. Law 6-99, see Historical and Statutory Notes following § 3-1201.01.
For legislative history of D.C. Law 10-247, see Historical and Statutory Notes following § 3-1201.01.
For Law 18-26, see notes following § 3-1201.01.
Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2.
(Mar. 25, 1986, D.C. Law 6-99, § 1009, 33 DCR 729.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-3310.9.
Legislative History of Laws
For legislative history of D.C. Law 6-99, see Historical and Statutory Notes following § 3-1201.01.
(a) The Office of the Attorney General for the District of Columbia may bring an action in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin the unlawful practice of any health occupation or any other action which is grounds for the imposition of a criminal penalty or disciplinary action under this chapter.
(b) The Corporation Counsel may bring an action in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin the unlawful sale of drugs or the unlawful trade practice or unlawful operation of a pharmacy, nursing home, community residential facility, or any other establishment purporting to provide health services.
(c) Remedies under this section are in addition to criminal prosecution or any disciplinary action by a board.
(d) In any proceeding under this section, it shall not be necessary to prove that any person is individually injured by the action or actions alleged.
(Mar. 25, 1986, D.C. Law 6-99, § 1010, 33 DCR 729; July 18, 2009, D.C. Law 18-26, § 2(j), 56 DCR 4043.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-3310.10.
Effect of Amendments
D.C. Law 18-26, in subsec. (a), substituted "The Office of the Attorney General for the District of Columbia may bring an action" for "The Corporation Counsel may bring an action".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(j) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).
Legislative History of Laws
For legislative history of D.C. Law 6-99, see Historical and Statutory Notes following § 3-1201.01.
For Law 18-26, see notes following § 3-1201.01.
(a) Upon written request from a patient or client, or person authorized to have access to the patient's record under a health care power of attorney for the patient or client, the health care provider having custody and control of the patient's or client's record shall furnish, within a reasonable period of time, a complete and current copy of that record. If the patient or client is deceased, the request may be made by:
(1) A person authorized immediately prior to the decedent's death to have access to the patient's or client's record under a health care power of attorney for the patient;
(2) The executor for the decedent's estate;
(3) The temporary executor for the decedent's estate;
(4) The administrator for the decedent's estate;
(5) The temporary administrator for the decedent's estate; or
(6) Any survivor of the decedent.
(b)(1) A health care provider may require the patient or client, or person authorized to have access to the patient's or client's record, to pay a reasonable fee for copying, as determined by the board through rulemaking.
(2) For the purposes of this subsection, the term "record" includes a copy of a bill that has been requested by an individual but excludes x-rays.
(c) Medical or client records shall be maintained for a minimum period of 3 years from the date of last contact for an adult and a minimum period of 3 years after a minor reaches the age of majority.
(Mar. 25, 1986, D.C. Law 6-99, § 1011, as added July 18, 2009, D.C. Law 18-26, § 2(k), 56 DCR 4043.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 2(k) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).
Legislative History of Laws
For Law 18-26, see notes following § 3-1201.01.
