§ 3–1205.10. Term and renewal of licenses, registrations, or certifications.

DC Code § 3–1205.10 (2019) (N/A)
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(a) A license, registration, or certification expires 1 year from the date of its first issuance or renewal unless renewed by the board that issued it as provided in this section, except that the Mayor, by rule, may provide for a period of licensure, registration, or certification of not more than 3 years.

(b) The Mayor may establish by rule continuing education requirements as a condition for renewal of licenses, registrations, or certifications under this section; provided, that the Mayor shall:

(1) Require that any continuing-education requirements for the practice of medicine include instruction on pharmacology, which shall:

(A) Be evidence-based;

(B) Provide physicians with information regarding the cost-effectiveness of pharmacological treatments; and

(C) Not be financially supported by any pharmaceutical company or manufacturer;

(2) Establish continuing-education requirements for the practice of pharmaceutical detailing, in accordance with § 3-1207.44;

(3) Establish continuing education requirements for nursing home administrators that include instruction on one or more of the following topics:

(A) Staff management;

(B) Continuity in assigning the same nursing staff to the same residents as often as practicable;

(C) Creating a resident-centered environment;

(D) Activities of daily living and instrumental activities of daily living;

(E) Wound care;

(F) Pain management;

(G) Prevention and treatment of depression;

(H) Prevention of pressure ulcers;

(I) Urinary incontinence management;

(J) Discharge planning and community transitioning;

(K) Fall prevention;

(L) Geriatric social services and individual competency; and

(M) Behavior management; and

(4)(A) Except as provided in subsection (b-1) of this section, require that any continuing education requirements for the following practices include 3 credits of instruction on the Human Immunodeficiency Virus (“HIV”) and the Auto Immune Deficiency Syndrome (“AIDS”) in accordance with subparagraph (B) of this paragraph:

(i) The practice of medicine;

(ii) The practice of registered nursing;

(iii) The practice of practical nursing;

(iv) The practice by nursing assistive personnel; and

(v) The practice of physician assistants.

(B) The instruction required by subparagraph (A) of this paragraph shall, at a minimum, provide information on one or more of the following topics:

(i) The impact of HIV/AIDS on populations of differing ages, particularly the senior population;

(ii) The impact of HIV/AIDS on populations of different racial and ethnic backgrounds;

(iii) The general risk to all individuals in the District of HIV infection;

(iv) How to inform all patients about HIV/AIDS, discuss HIV/AIDS with all patients, and appropriately monitor all patients for potential exposure to HIV and AIDS; or

(v) The use, benefits, and risks associated with pre- and post-exposure prophylaxis treatment; and

(5)(A) Except as provided in subsection (b-1)(4) of this section, require that any continuing education requirements for the practice of any health occupation licensed, registered, or certified under this section include 2 credits of instruction on cultural competency or specialized clinical training focusing on patients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression ("LGBTQ").

(B) The instruction required by subparagraph (A) of this paragraph shall, at a minimum, provide information and skills to enable a health professional to care effectively and respectfully for patients who identify as LGBTQ, which may include:

(i) Specialized clinical training relevant to patients who identify as LGBTQ, including training on how to use cultural information and terminology to establish clinical relationships;

(ii) Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors for patients who identify as LGBTQ;

(iii) Training that outlines the legal obligations associated with treating patients who identify as LGBTQ;

(iv) Best practices for collecting, storing, using, and keeping confidential, information regarding sexual orientation and gender identity;

(v) Best practices for training support staff regarding the treatment of patients who identify as LGBTQ and their families;

(vi) Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that those who identify as LGBTQ may experience these systems in varying degrees of intensity; and

(vii) Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for patients who identify as LGBTQ.

(b-1) The Mayor may:

(1) In consultation with the Board of Medicine, waive by rule the requirements of subsection (b)(4) of this section for an individual who can prove to the satisfaction of the Board of Medicine that he or she did not see patients in a clinical setting in the District during the previous licensing cycle;

(2) With recommendations by the Department of Health, expand the continuing education requirements for any licensed health professional to specifically include instruction on HIV and AIDS;

(3) After December 31, 2018, with the advice of the relevant licensing boards, waive by rule the requirements of subsection (b)(4) of this section for one or more of the practices listed in subsection (b)(4) of this subsection, as he or she considers appropriate; and

(4) Waive by rule the requirement in subsection (b)(5) of this section for:

(A) Any health occupation licensed, registered, or certified under this section if members of that health occupation do not see patients in a clinical setting; or

(B) Any licensed health professional who can prove to the satisfaction of the relevant board that he or she did not see patients in a clinical setting in the District during the previous licensing cycle.

(c) At least 30 days before the license, registration, or certification expires, or a greater period as established by the Mayor by rule, each board shall send to the licensee, registrant, or person certified by first class mail to the last known address of the licensee, registrant, or person certified a renewal notice that states:

(1) The date on which the current license, registration, or certification expires;

(2) The date by which the renewal application must be received by the board for renewal to be issued and mailed before the license, registration, or certification expires; and

(3) The amount of the renewal fee.

(d) Before the license, registration, or certification expires, the licensee, registrant, or person certified may renew it for an additional term, if the licensee:

(1) Submits a timely application to the board;

(2) Is otherwise entitled to be licensed, registered, or certified;

(3) Pays the renewal fee established by the Mayor; and

(4) Submits to the board satisfactory evidence of compliance with any continuing education requirements established by the board for license, registration, or certification renewal.

(e) Each board shall renew the license, registration, or certification of each licensee, registrant, or person certified who meets the requirements of this section.

(Mar. 25, 1986, D.C. Law 6-99, § 510, 33 DCR 729; Mar. 26, 2008, D.C. Law 17-131, § 102(f), 55 DCR 1659; Mar. 25, 2009, D.C. Law 17-353, § 229, 56 DCR 1117; July 18, 2009, D.C. Law 18-26, § 2(e)(11), 56 DCR 4043; Apr. 29, 2010, D.C. Law 18-145, § 2(a), 57 DCR 1834; July 13, 2012, D.C. Law 19-156,§ 2, 59 DCR 5595; April 6, 2016, D.C. Law 21-95, § 2, 63 DCR 2203, 20 DCSTAT 3032.)

1981 Ed., § 2-3305.10.

This section is referenced in § 3-1206.32.

D.C. Law 17-131 rewrote subsec. (b), which had read as follows: “(b) The Mayor may establish by rule continuing education requirements as a condition for renewal of licenses under this section.”

D.C. Law 17-353 validated a previously made technical correction in subsec. (b)(2).

D.C. Law 18-26 rewrote the section.

D.C. Law 18-145, in subsec. (b), deleted “and” from the end of par. (1)(C), substituted “; and” for a period at the end of par. (2), and added par. (3).

D.C. Law 19-156, in subsec. (b), deleted “and” from the end of par. (2), substituted “; and” for a period the end of par. (3)(M), and added par. (4); and added subsec. (b-1).

For temporary (90 day) amendment of section, see § 2(e)(11) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).

Delegation of Authority pursuant to D.C. Law 17-131, the SafeRX Amendment Act of 2008, see Mayor’s Order 2008-83, June 11, 2008 ( 55 DCR 9360).