Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                             AN ACT

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                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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To amend, on a temporary basis, the Uniform Emergency Volunteer Health Practitioners Act of

      2010 to allow qualified volunteer health care professionals and licensed health care

      providers to practice in the District without a District license until August 10, 2022; the

      Emergency Medical Services Act of 2008 to allow an individual to provide emergency

      medical services without a District license or certification until August 10, 2022; and the

      District of Columbia Health Occupations Revision Act of 1985 to allow health care

      professionals to practice in the District without a District license, registration, or

      certification until August 10, 2022; and to make conforming amendments to the District

      of Columbia Municipal Regulations.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the Preserve Our Healthcare Workforce Temporary Amendment Act of

2021.

        Sec. 2. Section 6 of the Uniform Emergency Volunteer Health Practitioners Act of 2010,

effective July 1, 2010 (D.C. Law 18-184; D.C. Official Code  7-2361.05), is amended as

follows:

        (a) Subsection (a) is amended by striking the phrase While an emergency declaration is

in effect, and inserting the phrase Except as provided in subsection (a-1) of this section, while

an emergency declaration is in effect, in its place.

        (b) A new subsection (a-1) is added to read as follows:

        (a-1)(1) Notwithstanding any provision of law, including section 5a of the District of

Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C.

Official Code  7-2304.01) (Public Emergency Act), or whether an emergency declaration is

in effect, a volunteer health practitioner qualified under subsection (a) of this section or a

licensed health care provider as described in section 5a of the Public Emergency Act may

practice in the District until August 10, 2022..

                (2)(A) The Mayor shall not require an individual practicing in the District

pursuant to this subsection to apply for a District license or certification prior to March 31, 2022;

and

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                        (B) Any temporary license or certification issued by the Mayor shall not

expire before August 10, 2022.

                (3) A volunteer health practitioner qualified under this subsection may not

practice in District without being fully vaccinated against COVID-19 unless granted a medical or

religious exemption by the Department of Health..

        Sec. 3. The Emergency Medical Services Act of 2008, effective March 25, 2009 (D.C.

Law 17-357; D.C. Official Code  7-2341.01 et seq.), is amended by adding a new section 3a to

read as follows:

        Sec. 3a. Exemption from licensure or certification.

        (a) Notwithstanding any other law, an individual may provide emergency medical

services without a District license or certification until August 10, 2022, if the individual:

                 (1) Is licensed or certified in good standing in their home jurisdiction to provide

emergency medical services;

                 (2) Has been fully vaccinated against COVID-19 or has been granted a medical

or religious exemption from vaccination by the Department of Health (Department); and

                 (3) Has not been issued an order limiting or restricting the individuals ability to

provide emergency medical services in any state or jurisdiction.

        (b) An emergency medical services agency utilizing the services of an individual

providing emergency medical services pursuant to this section shall:

                 (1) Verify the credentials and license or certification status of the individual to

ensure compliance with this section, including by confirming that the individual has not been

issued a suspension or revocation order by the District and verifying that the individual has been

fully vaccinated for COVID-19 or has received an exemption from vaccination by the

Department;

                 (2) Implement a process by which the credentials and home jurisdiction license

or certification status of the individual is routinely verified; and

                 (3) Ensure proper supervision of any services being provided by such individual.

        (c)(1) The Mayor shall not require an individual providing emergency medical services

pursuant to this section to apply for a District license or certification prior to March 31, 2022;

and

                 (2) Any temporary license or certification, including a limited reciprocity

certification, issued by the Mayor shall not expire before August 10, 2022..

       Sec. 4. Section 502 of the District of Columbia Health Occupations Revision Act of

1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code  3-1205.02), is amended

by adding a new subsection (c) to read as follows:

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         (c)(1) Notwithstanding any other law, an individual may engage in the practice of

providing healthcare to District residents for a particular health occupation without a District

license, registration, or certification until August 10, 2022, if the individual:

                         (A) Is licensed, registered, or certified, and in good standing in another

jurisdiction in the applicable healthcare occupation;

                         (B) Has been fully vaccinated against COVID-19 or has been granted a

medical or religious exemption from vaccination by the Department of Health (Department);

                         (C) Has not been issued an order limiting or restricting the individuals

ability to practice their profession in any state or jurisdiction; and

                         (D) Provides healthcare services:

                                 (i) At a licensed or certified healthcare entity, which may include

telehealth services; or

                                 (ii) To an established patient who has returned to the District, and

the individual is providing continuity of care to the patient by telehealth in accordance with

applicable laws and regulations.

                 (2) For purposes of this subsection, the term healthcare entity means:

                         (A) An ambulatory surgical facility, assisted living residence, community

resident facility, group home for persons with intellectual disabilities, home care agency,

hospice, hospital, maternity center, nursing home, or renal dialysis facility, as those terms are

defined in section 2(a) of the Health-Care and Community Residence Facility Hospice and Home

Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code 

44-501(a));

                         (B) A licensed nursing staffing agency, as set forth in the Nurse Staffing

Agency Act of 2003, effective March 10, 2004 (D.C. Law 15-74; D.C. Official Code  44-

1051.01 et seq.);

                         (C) A home support agency, as set forth in 22-B DCMR  9900 et seq.;

                         (D) An adult day health program, as set forth in 29 DCMR  9700 et

seq.;

                         (E) A community-based behavioral health organization; or

                         (F) A community-based primary care clinic.

                 (3) A healthcare entity utilizing the services of an individual practicing pursuant

to this subsection shall:

                         (A) Verify the credentials and license, registration, or certification status

of the individual to ensure compliance with this subsection, including by confirming the

individual has been fully vaccinated against COVID-19 or received an exemption from

vaccination by the Department and that the individual has not been issued a suspension or

revocation order by a District of Columbia health occupation board;

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                       (B) Implement a process by which the credentials, vaccination status, and

home jurisdiction license, registration, or certification status of any such individual is routinely

verified;

                       (C) Ensure proper supervision of any services being provided by the

individual; and

                       (D) Maintain a list of individuals practicing pursuant to this subsection

being utilized, which shall be made available to the Department for inspection upon demand.

                (4)(A) The Mayor shall not require an individual practicing in the District

pursuant to this subsection to apply for a District license, certification, or registration prior to

March 31, 2022; and

                       (B) Any temporary license, registration, or certification issued by the

Mayor shall not expire before August 10, 2022..

        Sec. 5. Section 4020 of Title 17 of the District of Columbia Municipal Regulations (17

DCMR  4020) is amended as follows:

        (a) Subsection 4020.1 is amended as follows:

                (1) The lead-in language is amended by striking the phrase October 31, 2021,

and inserting the phrase August 10, 2022, in its place.

                (2) Paragraph (b) is amended by striking the semicolon and inserting the phrase ;

and in its place.

                (3) Paragraph (c) is repealed.

        (b) Subsection 4020.2 is amended as follows:

                (1) Paragraph (b) is amended by striking the phrase ; and and inserting a

semicolon in its place.

                (2) Paragraph (c) is amended by striking the period and inserting the phrase .; in

its place.

                (3) New paragraphs (d), (e), and (f) are added to read as follows:

                (d) Adult day health programs, as set forth at 29 DCMR  9700 et seq.;

                (e) Community-based behavioral health organizations; and

                (f) Community-based primary care clinics..

        (c) Subsection 4020.10 is amended by striking the phrase October 31, 2021, and

inserting the phrase August 10, 2022, in its place.

        Sec. 6. Subsection 573.1 of Title 29 of the District of Columbia Municipal Regulations

(29 DCMR  573.1) is amended as follows:

        (a) The lead-in language is amended by striking the phrase October 31, 2021, and

inserting the phrase August 10, 2022, in its place.

        (b) Paragraph (a) is amended by striking the semicolon and inserting the phrase ; and in

its place.

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         (c) Paragraph (b) is amended by striking the phrase ; and and inserting a period in its

place.

         (d) Paragraph (c) is repealed.

       Sec 7. Fiscal impact statement.

       The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact

statement required by section 4a of the General Legislative Procedures Act of 1975, approved

October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

       Sec. 8. Effective date.

       (a) This act shall take effect following approval by the Mayor (or in the event of veto by

41 the Mayor, action by the Council to override the veto), a 30-day period of congressional

review 42 as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved

December 24, 1973 (87 Stat. 813; D.C. Official Code  1-206.02(c)(1)), and the publication in

the District 44 of Columbia Register.

        (b) This act shall expire after 225 days of its having taken effect.

                ______________________________

                Chairman

                Council of the District of Columbia

_________________________________

Mayor

District of Columbia

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