D.C. Law 25-109. Health Professional Licensing Boards Residency Requirement Amendment Act of 2023.

AN ACT

To amend the District of Columbia Health Occupations Revision Act of 1985 to require that at least 50% of board positions designated for professional members be filled by District residents at the time of their appointments and while they are members of the board, to require that professional members of a board who are not District residents be engaged in the practice of the health occupation regulated by the board in the District while they are members of the Board, and to require that the consumer members and the chairperson of each board be District residents.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Health Professional Licensing Boards Residency Requirement Amendment Act of 2023."

Sec. 2. Section 401 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1204.01), is amended as follows:

(a) Subsection (a) is amended to read as follows:

"(a)(1) The consumer members of each board shall be residents of the District at the time of their appointments and while they are members of the board.

"(2) At least 50% of professional members of each board shall be residents of the District at the time of their appointments and while they are members of the board.

"(3) The chairperson of each board shall be a District resident while they are a member of the board.".

(b) Subsection (b) is amended by adding a new paragraph (1A) to read as follows:

"(1A) In addition to meeting the requirements of paragraph (1) of this subsection, each professional member of a board who is not a District resident shall:

"(A) Be actively engaged in the practice of the health occupation regulated by the board in the District while they are a member of the board;

"(B) Have a physical practice, or be employed, in the District in which they are physically present in the District for at least 20 hours per week; and

"(C) Demonstrate that their practice in the District is not primarily through telehealth.".

(c) Subsection (e) is amended to read as follows:

"(e)(1) The office of a member of a board or advisory committee shall be forfeited upon the member's failure to maintain the qualifications required by this act.

"(2) The Mayor's Office of Talent and Appointments shall verify on an annual basis the qualifications required by this act of the appointed members of a board or advisory committee.".

Sec. 3. Section 301 of the Opioid Litigation Proceeds Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-315; 70 DCR 838), is repealed.

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report 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. 5. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review 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 publication in the District of Columbia Register.