• Current through October 23, 2012

(a) The provisions of this chapter prohibiting the practice of a health occupation without a District of Columbia license, registration, or certification shall not apply:

(1) To an individual who administers treatment or provides advice in any case of emergency;

(2) To an individual employed in the District by the federal government, while he or she is acting in the official discharge of the duties of employment;

(3) To an individual, licensed, registered, or certified to practice a health occupation in a state, who is providing care to an individual or group for a limited period of time, or who is called from a state in professional consultation by or on behalf of a specific patient or client to visit, examine, treat, or advise the specific patient or client in the District, or to give a demonstration of a procedure or clinic in the District; provided, that the individual engages in the provision of care, consultation, demonstration, or clinic in affiliation with a comparable health professional licensed, registered, or certified pursuant to this chapter;

(3A) To an individual retained to testify as an expert witness in any court or administrative proceeding, hearing, or trial;

(4) To a health professional who is authorized to practice a health occupation in any state adjoining the District who treats patients in the District if:

(A) The health professional does not have an office or other regularly appointed place in the District to meet patients;

(B) The health professional registers with the appropriate board and pays the registration fee prescribed by the board prior to practicing in the District; and

(C) The state in which the individual is licensed allows individuals licensed by the District in that particular health profession to practice in that state under the conditions set forth in this section.

(b) Notwithstanding the provisions of subparagraphs (A), (B), and (C) of subsection (a)(4) of this section, a health professional practicing in the District pursuant to subsection (a)(4) of this section shall not see patients or clients in the office or other place of practice of a District licensee, or otherwise circumvent the provisions of this chapter.

(Mar. 25, 1986, D.C. Law 6-99, § 502, 33 DCR 729; Mar. 25, 2009, D.C. Law 17-353, § 188(b), 56 DCR 1117; July 18, 2009, D.C. Law 18-26, § 2(e)(3), 56 DCR 4043.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 2-3305.2.

Effect of Amendments

D.C. Law 17-353 designated the existing language as subsec. (a); in subsec. (a)(4)(C), substituted "this section" for "this subsection"; redesignated subsec. (a)(4)(D) as subsec. (b); and, in subsec. (b), substituted "subparagraphs (A), (B), and (C) of subsection (a)(4) of this section" for "subparagraphs (A), (B), and (C) of this paragraph" and substituted " subsection (a)(4) of this section shall" for "this paragraph shall".

D.C. Law 18-26, in subsec. (a), rewrote the lead-in language and par. (3); and added par. (3)(A). Prior to amendment, the lead-in language and par. (3) of subsec. (a) read as follows:

"(a) The provisions of this chapter prohibiting the practice of a health occupation without a license shall not apply:"

"(3) To an individual, licensed to practice a health occupation in a state, who is called from the state in professional consultation by or on behalf of a specific patient to visit, examine, treat, or advise the specific patient in the District, or to give a demonstration or clinic in the District, provided that the individual engages in the consultation, demonstration, or clinic in affiliation with a comparable health professional licensed pursuant to this chapter;"

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(e)(3) 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 17-353, see notes following § 3-308.

For Law 18-26, see notes following § 3-1201.01.