Subchapter I. Registration.

§ 38–1401. Registration of medical and dental colleges — Required; permit.

(a) It shall be unlawful for any medical or dental college claiming the authority to confer, or actually conferring, the degree of doctor of medicine, or doctor of dental surgery, not incorporated by a special act of Congress, to conduct its business in the District of Columbia, unless such college shall be registered by the Mayor of the District of Columbia and granted by him a written permit to commence or continue business in said District in compliance with the requirements of this subchapter.

(b) The permit issued pursuant to this section shall be issued as an Educational Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.

(May 4, 1896, 29 Stat. 112, ch. 154, § 1; Apr. 20, 1999, D.C. Law 12-261, § 2003(y), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(cc), 50 DCR 6913.)

Prior Codifications

1981 Ed., § 31-1701.

1973 Ed., § 31-901.

Effect of Amendments

D.C. Law 15-38, in subsec. (b), substituted “an Educational Services endorsement to a basic business license under the basic” for “a Class A Educational Services endorsement to a master business license under the master”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3(cc) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 38–1402. Registration of medical and dental colleges — Application.

It shall be the duty of the proper officers of any such college, before commencing or continuing business, to apply to the said Mayor for registration and a permit to commence or continue business; and the Council of the District of Columbia is hereby authorized and required to make such regulations concerning the form of such application, the evidence to be adduced in support thereof, and the method of taking such evidence as it may deem best, and shall have power, and it shall be its duty, to give public notice of all hearings upon such applications; and no registration and permit shall be granted until after the Council shall have, by the inquiry and hearing hereinbefore provided for and such other inquiry as it may see fit to make, satisfied itself that all such medical or dental colleges are fully equipped, both by the character and fitness of the faculty and the sufficiency of their appliances, to give suitable and sufficient instruction in the theory and practice of medicine or dental surgery.

(May 4, 1896, 29 Stat. 113, ch. 154, § 2.)

Prior Codifications

1981 Ed., § 31-1702.

1973 Ed., § 31-902.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(241) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 38–1403. Penalty for failure to register.

Such of the officers and of the faculty of any such medical or dental college in existence on May 4, 1896, and of every such college thereafter sought to be opened in said District, which shall continue or commence to offer instruction in such capacity without first obtaining registration and permit, as hereinbefore provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof in the Superior Court of the District of Columbia, upon an information similar to that filed in the case of violations of the police regulations made by the said Council of the District of Columbia, shall be fined not less than $25 nor more than $250, and in default of payment thereof shall be imprisoned in the common jail of said District not less than 30 days nor more than 90 days; said fines when collected to be paid into the Treasury of the United States to the credit of the District of Columbia.

(May 4, 1896, 29 Stat. 113, ch. 154, § 4; Apr. 1, 1942, 56 Stat. 190, ch. 207,§ 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)

Prior Codifications

1981 Ed., § 31-1703.

1973 Ed., § 31-903.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(242) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 38–1404. Injunction against operation of college.

In any case when such action shall be necessary in the opinion of the said Mayor to give full effect to the intent of this subchapter he shall have power, and it shall be his duty, to file in the Superior Court of the District of Columbia, in the name of the said District, a petition against the proper parties praying an injunction against the opening or continuance of any such college not registered and granted a permit as aforesaid; and jurisdiction is hereby conferred upon such court to hear and determine such causes.

(May 4, 1896, 29 Stat. 113, ch. 154, § 5; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 572, Pub. L. 91-358, title I,§ 155(c)(35).)

Prior Codifications

1981 Ed., § 31-1704.

1973 Ed., § 31-904.

Change in Government

§ 38–1405. Repeal provisions.

All acts and parts of acts enacted prior to May 4, 1896, and all charters obtained by any medical or dental college prior to March 4, 1896, under the general corporation laws in force in said District, so far as inconsistent with this subchapter, are hereby repealed.