(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;
(2A) To an individual engaged in the practice of pharmaceutical detailing for less than 30 consecutive days per calendar year;
(3) To an individual, licensed, registered, or certified to practice a health occupation in a state, who is providing care to an individual, an animal, 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, animal, or client to visit, examine, treat, or provide advice regarding the specific patient, animal, 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, animals, 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; Mar. 26, 2014, D.C. Law 20-96, § 102(l), 61 DCR 1184; Oct. 22, 2015, D.C. Law 21-36, § 5032(a), 62 DCR 10905.)
Prior Codifications1981 Ed., § 2-3305.2.
Effect of AmendmentsD.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).
The 2014 amendment by D.C. Law 20-96, in (a)(3), substituted “an individual, an animal, or group” for “an individual or group” and substituted “specific patient, animal, or client to visit, examine, treat, or provide advice regarding the specific patient, animal, or client” for “specific patient or client to visit, examine, treat, or advise the specific patient or client”; and substituted “patients, animals, or clients” for “patients or clients” in (b).
The 2015 amendment by D.C. Law 21-36 added (a)(2A).
Emergency LegislationFor temporary (90 days) amendment of this section, see § 2 of Pharmaceutical Detailing Licensure Exemption Emergency Amendment Act of 2016 (D.C. Act 21-601, Jan. 6, 2017, 64 DCR 164).
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).
For temporary (90 days) addition of this section, see § 5032(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
Temporary LegislationFor temporary (225 days) amendment of this section, see § 2 of Pharmaceutical Detailing Licensure Exemption Temporary Amendment Act of 2017 (D.C. Law 21-247, Apr. 7, 2017, 64 DCR 1622).