District of Columbia Administrative Code

4007 TEMPORARY LICENSES 4007.1 A board may issue temporary licenses pursuant to this section if the Director determines in writing, on the request of a board or on the Director's own determination, that the issuance of temporary licenses to practice a health occupation is necessa…

4008 FALSE OR MISLEADING COMMUNICATIONS AND ADVERTISING 4008.1 A health professional shall not make or cause to be made a false or misleading communication about the health professional or the health professional's services. 4008.2 A health professional shall not falsely represen…

4009 REGULATION OF HOLDERS OF CERTIFICATES OR REGISTRATIONS 4009.1 A board may take the same disciplinary actions against the holder of a certificate or registration as it may take against the holder of a license under § 514 of the Act, D.C. Official Code § 2-3305.14 (1987 Supp.)…

4010 REINSTATEMENT OF AN EXPIRED LICENSE 4010.1 This section applies to the following: (a) An applicant for reinstatement of an expired licensed issued under the Act, in accordance with § 512 of the Act, D.C. Official Code § 2-3305.12 (1987 Supp.); and (b) An applicant for reinst…

4011 REINSTATEMENT AFTER REVOCATION 4011.1 A health professional whose license, certificate, or registration has been revoked, or whose application for reinstatement has been denied, shall be ineligible to apply for reinstatement for a period of one (1) year from the date of the …

4012 REFERRAL FOR PROSECUTION OF PERSONS COMMITTING CERTAIN OFFENSES 4012.1 A District employee or member of a board shall inform the Director and the board if the employee or board member has good cause to believe that a person has committed one (1) of the following offenses in …

4013 COMPUTATION OF TIME 4013.1 In computing any period of time specified in this chapter, the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is a Saturday, Sunday, legal holiday or day on which the Department is …

4014 LICENSE OR CERTIFICATE BY RECIPROCITY 4014.1 An applicant for a license or certificate by reciprocity shall furnish proof satisfactory to the board regulating the health occupation of either of the following: (a) That the applicant is licensed or certified and in good standi…

4015 SPECIAL RENEWAL AND CONTINUING EDUCATION HOURS PROVISIONS FOR ACTIVELY DEPLOYED LICENSEES 4015.1 If the license of a health professional lapses while serving in the military whenever the United States is engaged in active military operations against any foreign power or host…

4016 DISPLAY AND USE OF NAME IN PROFESSIONAL PRACTICE 4016.1 An individual holding a license, registration, or certification to practice a health occupation in the District of Columbia shall perform all professional practice in the District under the full name in which his or her…

4017 REPORTING REQUIREMENTS 4017.1 Any health care provider that employs a physician who is licensed in the District of Columbia shall report the following to the Board of Medicine within ten (10) days: (a) Any disciplinary action that is taken against the physician by the health…

4018 CONTINUING EDUCATION REQUIREMENT EXEMPTION AND VARIANCE 4018.1 Each Board may exempt an individual applicant for renewal of a license, registration, or certification from some or all of the continuing education requirements to which the applicant is subject, if the applicant…

4019 SARS-CoV-2/COVID-19-RELATED OBLIGATIONS OF HEALTH PROFESSIONALS 4019.1 Each person required to be licensed pursuant to section 501(a)(1) of the District of Columbia Health Occupations Revisions Act of 1985 (“Health Occupations Act”), effective March 25, 1986 (D.C. Law 6-99; …

4099 DEFINITIONS 4099.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed: Act - the District of Columbia Health Occupations Revisions Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01 et seq.). Adverse ev…

4100 APPLICABILITY 4100.1 This chapter shall apply to holders of and applicants for a license, certificate, or registration. 4100.2 The District of Columbia Administrative Procedure Act, D.C. Official Code §§ 1-1501 to 1-1511 (1981 ed. & 1987 Supp.), shall supplement this chapter…

4101 COMPLAINTS 4101.1 A board, on its own motion or on the receipt of a complaint submitted in accordance with §4101.2, shall request the Director to investigate a health professional if the facts alleged in the complaint, if proven, would constitute sufficient grounds for disci…

4102 NOTICE OF INTENDED ACTION AND OPPORTUNITY FOR A HEARING 4102.1 A holder of a license (except a temporary license), certificate, or registration, or a person possessing a privilege to practice in the District under the Act, shall be given notice of, and an opportunity for, a …

4103 FAILURE TO REQUEST A HEARING OR FAILURE TO APPEAR 4103.1 If a person who was sent a notice of a proposed action pursuant to §4102 does not mail or deliver a request for a hearing within the time and in the manner required under that section, a board may, without a hearing, t…

4104 HEARING NOTICE PROCEDURES 4104.1 If a respondent requests a hearing, a board shall, within twenty (20) days following receipt of the request, notify the respondent of the date, time, and place of the hearing. 4104.2 A board shall hold the hearing not less than fifteen (15) d…

4105 SERVICE 4105.1 A notice, order, decision, or pleading required by this chapter to be served upon a party shall be served upon the party or upon the representative designated by the party or by law to receive service of papers. If a party has appeared through counsel, service…

4106 REPRESENTATION 4106.1 A respondent appearing before a board at a hearing, or appealing a decision of an Administrative Law Judge (ALJ) before a board pursuant to § 4123, shall have the right to be represented by an attorney who is an active member of the District of Columbia…

4107 MOTIONS AND OTHER PLEADINGS 4107.1 Except by leave of a board during a hearing, a party shall make an application for an order or other relief by filing a written motion. A motion shall state with particularity the grounds on which it is based and shall clearly set forth the…

4108 SETTLEMENT CONFERENCES 4108.1 A board, in its discretion, may request a respondent against whom an action is proposed to attend a settlement conference. 4108.2 A board shall serve a request to attend a settlement conference in accordance with § 4105. The request shall state …

4109 CONDUCT OF HEARINGS 4109.1 All hearings before a board shall be opened to the public. 4109.2 At a hearing before a board, at least a majority of the members of the board shall be present to hear the evidence and render a decision. 4109.3 A respondent entitled to a hearing sh…

4110 EVIDENCE AT THE HEARING 4110.1 All testimony at a hearing before a board shall be under oath or affirmation. 4110.2 If any part of the record in any other proceeding previously held before a board, or part of the record in any criminal or civil action (including hearings bef…

4111 CONDUCT OF PARTIES AND COUNSEL AT THE HEARING 4111.1 All parties at a hearing shall maintain decorum and good order at all times, and a board may exclude or have removed from the hearing room any person violating any reasonable order of the chairperson of the board. 4111.2 A…

4112 SUBPOENAS 4112.1 A board shall issue subpoenas to compel witnesses to appear and testify or to produce books, records, papers, or documents on its own motion or upon the request of a party. 4112.2 A board shall issue subpoenas in the name of the Mayor of the District of Colu…

4113 HEARINGS BY PANELS OF A BOARD 4113.1 A board may authorize a panel of no less than three (3) members of the board to conduct a hearing in any matter that the board is authorized to conduct a hearing under this chapter. 4113.2 The panel of the board shall have the powers and …

4114 HEARINGS BY ADMINISTRATIVE LAW JUDGES 4114.1 A board may delegate its authority to conduct a hearing to an ALJ pursuant to § 103(c) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Official Code § 6-2703(c) (1987 Supp.), by notifying t…

4115 BURDEN OF PROOF 4115.1 In a hearing resulting from a proposed disciplinary action under § 4102.1, the District shall have the burden of proving by a preponderance of the evidence that the action should be taken. 4115.2 In a hearing resulting from a proposed action to deny a …

4116 RECORD OF A HEARING 4116.1 In all hearings conducted under this chapter, a board shall make a complete record of all evidence presented during the course of a hearing. 4116.2 A board shall make a transcript of a hearing on a proposed action specified in § 4102.1, unless the …

4117 DECISIONS OF A BOARD 4117.1 A board shall render a decision, in writing, no later than sixty (60) days after the day the hearing is completed. 4117.2 A decision of a board shall contain the following: (a) Findings of fact; (b) Conclusions of law based upon the findings of fa…

4118 SUMMARY ACTION 4118.1 The Director shall serve a written notice of a summary suspension or restriction of a license of a health professional under § 515 of the Act, D.C. Official Code § 2-3305.15 (1987 Supp.), in accordance with § 4105. 4118.2 A notice issued under this sect…

4119 CEASE AND DESIST ORDERS 4119.1 A board or the Director shall serve a cease and desist order on a health professional issued under § 516 of the Act, D.C. Official Code § 2-3305.16 (1987 Supp.), in accordance with § 4105. The order shall take effect immediately upon service, u…

4120 PETITIONS FOR RECONSIDERATION 4120.1 A respondent or the Corporation Counsel may file a petition for reconsideration, rehearing, or reargument within ten (10) days after the date of the service of the decision on that party. The party filing a petition shall serve a copy of …

4121 REOPENING A HEARING 4121.1 If, because of accident, sickness, or other good cause, a respondent fails to receive a notice of a hearing or fails to appear for a hearing, the respondent may, within fifteen (15) days from the date of service of the decision, apply to the board …

4122 JUDICIAL REVIEW: RECORD ON APPEAL 4122.1 A party aggrieved by a decision of a board issued after a hearing may seek review of the decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act, D.C. Official Cod…

4123 ADMINISTRATIVE APPEALS TO A BOARD OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE 4123.1 This section shall apply to appeals from decisions of ALJ's under this chapter by the following persons: (a) Persons found by an ALJ to have committed an infraction involving a violation of…

4124 COMPUTATION OF TIME 4124.1 In computing any period of time specified in this chapter, the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is a Saturday, Sunday, legal holiday, or day on which the Department is…

4199 DEFINITIONS 4199.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed: Act - the District of Columbia Health Occupations Revisions Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 2-3301.1 to 2-3312.1 (1987 Su…

4200 GENERAL PROVISIONS 4200.1 This chapter shall apply to applicants for and holders of a license to practice dentistry. 4200.2 Chapters 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), and 43 (Dental Hygiene) of this title shall supple…

4201 TERM OF LICENSE 4201.1 Subject to § 4201.2, a license issued pursuant to this chapter shall expire at 12:00 midnight of December 31 of each odd-numbered year. 4201.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of this title, a license issued…

4202 EDUCATIONAL REQUIREMENTS 4202.1 All applicants without exception shall furnish proof satisfactory to the Board that the applicant has: (a) Successfully completed an educational program in the practice of dentistry at an institution recognized by the Commission on Dental Accr…

4203 DENTISTS LICENSED IN OTHER STATES 4203.1 A dentist shall not be qualified to apply for initial licensure, reinstatement or renewal of licensure to practice in the District of Columbia if any dental license(s) he or she holds, or has ever held, in another state or jurisdictio…

4204 LICENSURE BY EXAMINATION 4204.1 To qualify for a license by examination, an applicant shall: (a) Meet the education requirements set forth under § 4202 of this chapter; and (b) Receive a passing score on the following: (1) The National Dental Examination; (2) The American Bo…

4205 DISTRICT OF COLUMBIA DENTAL LAW EXAMINATION 4205.1 To qualify for a license under this chapter, all applicants without exception shall receive a passing score on a written examination developed by the Board on laws and rules pertaining to the practice of dentistry (the Distr…

4206 CONTINUING EDUCATION REQUIREMENTS 4206.1 This section shall apply to applicants for the renewal, reactivation, or reinstatement of a license, subject to § 4206.2, beginning with the licensure period ending December 31, 2019, and for subsequent terms. 4206.2 This section shal…

4207 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES 4207.1 The Board, in its discretion, may approve continuing education programs and activities that contribute to the growth of an applicant in professional competence in the practice of dentistry and which meet the other …

4208 CONTINUING EDUCATION CREDITS 4208.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) credit hour. 4208.2 For approved undergraduate or graduate courses, each semester hour of credit shall constitu…

4209 LICENSURE BY ENDORSEMENT 4209.1 An applicant is eligible to apply for licensure by endorsement in the District of Columbia if the applicant: (a) Meets the education requirements set forth under § 4202 of this chapter; (b) Has successfully completed Part I and Part II of the …