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DEPARTMENT OF HEALTH
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Director of the Department of Health (Department), pursuant to the authority set forth in District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq. (2007 Repl. & 2011 Supp.)), as amended, and Mayor’s Order 98-140, dated August 20, 1998, hereby gives notice of the adoption on an emergency basis of an amendment to chapter 46 (Medicine) of title 17 (Business, Occupations, and Professions) of the District of Columbia Municipal Regulations (DCMR).
The amendments will implement the new scope of responsibilities and the application procedures for postgraduate physicians under the newly enacted statutory provisions of the Board of Medicine Membership and Licensing Amendment Act of 2012 (Act), D.C. Law 19-104, effective March 12, 2012, D.C. Official Code §§ 3-1201.01, et seq. (to be published in the 2012 Supp.). This emergency action is based on the need to immediately require compliance by potential licensees and training institutions arising from the passage of the statute on March 14, 2012. Such action will prevent unlicensed, and potentially unqualified postgraduate physicians, from treating patients, while simultaneously maintaining a level of service delivery commensurate with the needs of the patient community of the District of Columbia. This action is necessary to protect the public health and safety and justifies emergency action.
This emergency rule was adopted on April 6, 2012, and became effective immediately on that date.
The emergency rule will expire on August 3, 2012, or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
The Director also gives notice of the intent to adopt this rule, in final, in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
SECTION 4611, PRELICENSURE PRACTICE BY STUDENTS AND POSTGRADUATE PHYSICIANS, OF CHAPTER 46, MEDICINE, OF TITLE 17, BUSINESS, OCCUPATIONS, AND PROFESSIONS, is amended as follows:
Subsection 4611.4 is amended to read as follows:
4611.4 A postgraduate physician may practice medicine in a clinical training
program approved by the Accreditation Council for Graduate Medical
Education (ACGME), American Osteopathic Association (AOA)or the
Board, if the graduate qualifies for, and receives, a medical training license.
Subsection 4611.5(b) is amended to read as follows:
(b) Submit, prior to commencement of each training year, the documentation required for application review not later than June 30th of the training year;
A new subsection 4611.6 is added to read as follows:
4611.6 A postgraduate physician applying for a medical training license shall submit for consideration the following, unless waived by the Board of Medicine:
(a) A completed application form, with a signed statement attesting to the truth and accuracy of its contents;
(b) A photograph not taken more than three months prior to submission, whose dimensions are at least two (2 ) inches by two (2) inches, which shall be affixed to the application;
(c) Certified transcripts from medical schools providing proof of satisfactory completion of the program;
(d) If a graduate of a medical program outside the US or Canada, the original of a currently valid Educational Commission for Foreign Medical Graduates (ECFMG) certification;
(e) An appointment letter from the program director of the Graduate Medical Education (GME) program verifying the applicant’s acceptance in the program and the date the program commences;
(f) If applicable, documentation verifying name change;
(g) Proof that the applicant has taken and received a passing score on the United States Medical Licensing Examination Step 1 and both parts of Step 2 or the Comprehensive Osteopathic Medical Licensure Examination Levels 1 and 2;
(h) The GME’s attestation of accuracy and veracity;
(i) Completed fingerprint record cards along with a signed consent form
permitting an inquiry of local, state, national, and if applicable, international files for any criminal record;
(j) Payment of the license fee plus the cost of the criminal background check; and
(k) If requested, any additional information the Board considers necessary to properly evaluate the applicant’s competence and character.
A new subsection 4611.7 is added to read as follows:
4611.7 Each GME program director shall submit to the Board by April 15th of each year a complete list of ACGME, AOA and Board approved programs within their training institution including the names, specialty training and participation year for all participants.
A new subsection 4611.8 is added to read as follows:
4611.8 Each GME program director shall review the application materials of each applicant, confirm that the applicant has been appointed to program and is in
good standing with program, verify the immigration status of the applicant, and affix an attestation of the accuracy and veracity of the application contents submitted by applicant, before returning the materials to each applicant for submission to the Board.
A new subsection 4611.9 is added to read as follows:
4611.9 Medical training licenses shall be classified as follows:
(a) Type I(A), who are qualifying applicants that are U.S. or Canadian trained medical postgraduate physicians;
(b) Type I(B), who are qualifying applicants that are foreign trained postgraduate physicians enrolled in a residency program.; or
(c) Type II, who are qualifying applicants that are foreign trained medical physicians participating in an ACGME, AOA or Board approved fellowship program.
A new subsection 4611.10 is added to read as follows:
4611.10 Type I licensure provides a path to full licensure in the District of Columbia. Approval of a Type II licensee for full licensure in the District of Columbia shall be contingent upon the applicant satisfying the requirements specified in § 4603.
The current subsections 4611.6 through 4611.13 shall be re-numbered as 4611.11 through 4611.18.
The new subsection 4611.17 (currently subsection 4611.12) is further amended to read as follows:
4611.12 A Type I licensee may practice pursuant to this section for a maximum of five (5) years in a postgraduate clinical training program if the licensee has a valid agreement with the institution, organization, or agency sponsoring the clinical training program, provided that:
(a) The five (5) year period for graduates of U.S. and Canadian medical schools shall begin with the graduation date from medical school; and
(b) The five (5) year period for graduates of foreign medical schools, other than Canadian medical schools, shall begin at the beginning of an ACGME or AOA approved U.S. postgraduate training program.
A new subsection 4611.19 is added to read as follows:
4611.19 A postgraduate physician shall be exempt from the payment of the licensure fee and the cost of the criminal background check, provided such postgraduate physician is participating in a short term, required, ACGME or AOA approved training program rotation of ninety (90) days or less. Such participants must enroll as medical training registrants with the Board prior to commencing the rotation. Such participants, if licensed in another state, have the option of either enrolling as medical training registrants or applying for full licensure in the District of Columbia.
A new subsection 4611.20 is added to read as follows:
4611.20 Medical training licensees, during the final six (6) months before completion of their training program, may apply for and receive full licensure from another state without having to apply for full licensure in the District of Columbia.
A new subsection 4611.21 is added to read as follows:
4611.21 A medical training license is a limited license to practice in a medical education training program. Holders may only practice within the confines of that program including the primary and affiliate sites. The license will issue for a period not to exceed one (1) year.
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of the publication of this notice in the D.C. Register. Comments should be sent in writing to Kenneth Campbell, Department of Health, Office of the General Counsel, 899 North Capitol Street, N.E., 5th Floor, Washington, D.C., 20002. Copies of the proposed rules may be obtained from the Department at the same address during the hours of 9 a.m. to 5 p.m., Monday through Friday, excluding holidays. Requests may be communicated by calling (202) 442-5977 or addressing emails to angli.black@dc.gov.
