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Code of the District of Columbia

§ 7–743.01. Generally.

(a) The Department of Health shall oversee the Health Occupation Advisory Committees established under this subchapter.

(b) All appointments to the Health Occupation Advisory Committees shall be made by the Director of the Department of Health.

(c) The Department of Health shall provide facilities and other administrative support for the Health Occupation Advisory Committees, as determined by the Director.

(d) The Health Occupation Advisory Committees shall review applications for licensure to practice upon request of the Board of Medicine. The Health Occupation Advisory Committees shall submit their respective recommendations to the Board of Medicine for action.

(e) For the purposes of this subchapter, the term:

(1) “Board of Medicine” means the Board of Medicine established pursuant to § 3-1202.03(a).

(2) “Health Occupation Advisory Committees” means the advisory committees established pursuant to this subchapter.

§ 7–743.02. Advisory Committee on Acupuncture. [Repealed]

Repealed.

§ 7–743.03. Advisory Committee on Anesthesiologist Assistants.

(a) There is established an Advisory Committee on Anesthesiologist Assistants to consist of 3 members as follows:

(1) The Director of the Department of Health, or his or her designee;

(2) An anesthesiologist licensed in the District with experience working with anesthesiologist assistants; and

(3) An anesthesiologist assistant licensed in the District.

(b) Of the appointees to the Advisory Committee on Anesthesiologist Assistants other than the Director, one shall serve an initial term of 2 years and one shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c)(1) The Advisory Committee on Anesthesiologist Assistants shall develop and submit to the Board of Medicine guidelines for licensing and regulating anesthesiologist assistants in the District. The guidelines shall set forth the actions that anesthesiologist assistants may perform under the direct supervision of a licensed anesthesiologist, who shall be responsible for the overall medical direction of the care and treatment of patients.

(2)(A) Guidelines approved by the Board of Medicine under § 3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

(B) The Advisory Committee on Anesthesiologist Assistants shall submit revised guidelines to the Board of Medicine by June 22, 2015.

(3) The Advisory Committee on Anesthesiologist Assistants shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.

§ 7–743.04. Advisory Committee on Naturopathic Medicine. [Repealed]

Repealed.

§ 7–743.05. Advisory Committee on Physician Assistants. [Repealed]

Repealed.

§ 7–743.06. Advisory Committee on Polysomnography.

(a) There is established an Advisory Committee on Polysomnography to consist of 3 members as follows:

(1) The Director of the Department of Health, or his or her designee; and

(2) Two polysomnographic technologists licensed in the District.

(b) Of the appointees to the Advisory Committee on Polysomnography other than the Director, one shall serve an initial term of 2 years and one shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c)(1) The Advisory Committee on Polysomnography shall develop and submit to the Board of Medicine guidelines for licensing, registration, and regulation of polysomnographic technologists, polysomnographic technicians, and polysomnographic trainees in the District. The guidelines shall set forth the education and experience requirements for registration and licensure and the actions that polysomnographic technologists, polysomnographic technicians, and polysomnographic trainees may perform.

(2)(A) Guidelines approved by the Board of Medicine under § 3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

(B) The Advisory Committee on Polysomnography shall submit revised guidelines to the Board of Medicine by June 22, 2015.

(3) The Advisory Committee on Polysomnography shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.

§ 7–743.07. Advisory Committee on Surgical Assistants.

(a) There is established an Advisory Committee on Surgical Assistants to consist of 5 members as follows:

(1) The Director of the Department of Health, or his or her designee;

(2) A surgeon licensed in the District with experience working with surgical assistants; and

(3) Three surgical assistants licensed in the District.

(b) Of the appointees to the Advisory Committee on Surgical Assistants other than the Director, 2 shall serve an initial term of 2 years and 2 shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c)(1) The Advisory Committee on Surgical Assistants shall develop and submit to the Board of Medicine guidelines for licensing and regulating surgical assistants in the District. The guidelines shall set forth the actions that surgical assistants may perform in collaboration with a licensed surgeon, who shall be responsible for the overall medical direction of the care and treatment of patients.

(2)(A) Guidelines approved by the Board of Medicine under § 3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

(B) The Advisory Committee on Surgical Assistants shall submit revised guidelines to the Board of Medicine by June 22, 2015.

(3) The Advisory Committee on Surgical Assistants shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.

§ 7–743.08. Advisory Committee on Athletic Trainers.

(a) There is established an Advisory Committee on Athletic Trainers to consist of 5 members as follows:

(1) The Director of the Department of Health, or his or her designee; and

(2) Four athletic trainers licensed in the District.

(b) Of the appointees to the Advisory Committee on Athletic Trainers other than the Director, 2 shall serve an initial term of 2 years and 2 shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c)(1) The Advisory Committee on Athletic Trainers shall develop and submit to the Board of Medicine guidelines for licensing, registration, and regulation of athletic trainers in the District. The guidelines shall set forth the education and experience requirements for registration and licensure and the actions that athletic trainers may perform.

(2)(A) Guidelines approved by the Board of Medicine under § 3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

(B) The Advisory Committee on Athletic Trainers shall submit revised guidelines to the Board of Medicine by October 1, 2019.

(3) The Advisory Committee on Athletic Trainers shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.

§ 7–743.09. Advisory Committee on Maternal Care Professionals.

(a)(1) There is established an Advisory Committee on Maternal Care Professionals ("Advisory Committee") to consist of 7 members as follows:

(A) The Director of the Department of Health, or designee;

(B) Two certified professional midwives, as that term is defined in § 3-1201.01(1D);

(C) One doula, as that term is defined in § 3-1201.01(6C);

(D) One licensed physician who is an obstetrician certified by the American Board of Obstetrics and Gynecology and who has professional experience working with certified professional midwives or other community-based midwives;

(E) One certified nurse-midwife or certified midwife, as those terms are defined in § 3-1201.01(1C) and (1B-i), who has worked in a non-hospital setting or who has professional experience working with certified professional midwives; and

(F) One consumer member who has experience with either midwifery or doula services.

(2) Individuals appointed in accordance with paragraph (1) of this subsection who are required to be licensed or certified shall be licensed or certified to practice their respective professions in the District.

(b) Of the appointees to the Advisory Committee, other than the Director of the Department of Health, 3 shall serve an initial term of 2 years and 3 shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c) The Advisory Committee shall advise the Board of Medicine on:

(1) Certifying doulas and regulating the practice of doulas in the District;

(2) Regulating the practice of certified professional midwifery in the District and developing guidelines for licensing certified professional midwives that shall:

(A) Be consistent with the standards of practice and ethical conduct established by the National Association of Certified Professional Midwives and the North American Registry of Midwives ("NARM"); provided, that these practice guidelines shall not be interpreted to set, establish, define, enumerate, or otherwise lower the applicable standard of care for a certified professional midwife or certified nurse-midwife;

(B) Define expected standards of practice and conduct;

(C) Specify a process for a certified professional midwife to obtain appropriate screening and testing for clients, including laboratory tests, urinalysis, and ultrasounds;

(D) Specify a process for a certified professional midwife to obtain and administer antihemorrhagic agents, including:

(i) Pitocin, oxytocin, misoprostol, and methergine;

(ii) Intravenous fluids, neonatal injectable vitamin K, newborn antibiotic eye prophylaxis, oxygen, intravenous antibiotics for Group B Streptococcal antibiotic prophylaxis, Rho (D) immune globulin, local anesthetic, epinephrine, and terbutaline for non-reassuring fetal heart tones and cord prolapse pending transport;

(iii) Globulin, local anesthetic, and epinephrine; and

(iv) Other pharmaceutical agents, consistent with either the scope of the practice of midwifery, or a prescription issued by a health professional for a patient-client of a midwife, that are approved by the Board of Medicine;

(E) Authorize medical device distributors and manufacturers to issue breast pumps, compression stockings and belts, and maternity belts to certified professional midwives;

(F) Require a certified professional midwife to provide each client with a signed informed consent form that describes the certified professional midwife's qualifications, education, a copy of the certified professional midwife's emergency plan, whether the certified professional midwife carries professional liability insurance, and the benefits and risks of birth in the setting of choice of the patient-client, and maintain a record of each patient-client's signed informed consent form;

(G) Require a certified professional midwife, subject to the consent of the patient-client, to report the patient-client's data to a national data registry, such as the Midwives Alliance of North America Statistical Registry or the AABC Perinatal Registry;

(H) Adopt professional continuing education requirements for certified professional midwives consistent with those required by NARM for recertification;

(I) Establish requirements for peer review consistent with those required by NARM for recertification under which information disclosed for peer review shall be protected in accordance with § 44-805; and

(J) Require the certified professional midwife to file a birth certificate for each live birth attended by a certified professional midwife, in accordance with § 7-231.08.

(d) Guidelines developed pursuant to subsection (c)(2) of this section shall not be interpreted to set, establish, define, enumerate, or otherwise lower the applicable standard of care for a licensed physician, licensed naturopathic physician, certified professional midwife, certified nurse-midwife, certified midwife, doula, or licensed basic or advanced emergency medical technician.

(e) Guidelines currently approved by the Board of Medicine under § 3-1202.03, shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

§ 7–743.10. Advisory Committee on Medical Radiation Technologists.

(a) There is established an Advisory Committee on Medical Radiation Technologists ("Committee"), which shall consist of the following 5 members:

(1) A physician licensed in the District whose practice consists mostly of the type of medicine that requires significant interaction with medical radiation technologists;

(2) Three individuals who work as medical radiation technologists; and

(3) A consumer member with no direct affiliation with medical radiation technology or a member of another health profession.

(b) To remain qualified to serve as a member of the Committee, the medical radiation technologist members who serve as initial appointees shall become licensed or registered in their profession within 180 days of the Department of Health's implementation of the licensure or registration requirements.

(c) The Committee shall develop and submit to the Board of Medicine guidelines and proposed regulations for the licensure and regulation of cardiovascular-interventional technologists, computed tomography technologists, magnetic resonance technologists, mammographers, nuclear medicine technologists, radiation therapists, radiographers, ultrasound technologists, and radiologist assistants.

§ 7–743.11. Advisory Committee on Certified Nurse Aides and Nursing Assistive Personnel.

(a) There is established an Advisory Committee on Certified Nurse Aides and Nursing Assistive Personnel ("Committee"), which shall consist of the following 5 members:

(1) An individual who has experience working as a home-health aide or a certified nurse aide;

(2) Two representatives of providers licensed in the District to provide certified nurse aide services, one of which shall represent home-health agencies and one of which shall represent certified nurse aide providers;

(3) One representative from entities approved to train certified nurse aides; and

(4) One representative from the Department of Health.

(b) The Committee shall develop and submit recommendations to the Board of Nursing for the certification of certified nurse aides. The guidelines shall set forth the education and competency-based standards for certification, consistent with the requirements established under 42 C.F.R. § 483.152 and 42 C.F.R. § 484.80.

(c) The Committee shall review barriers to the development and support of on-the-job training programs and registered apprenticeship programs of certified nurse aides, including certified nurse aides seeking advance credentials, and shall make recommendations on eliminating such barriers.

(d) The Committee shall sunset 2 years after its first meeting.