Physician Voices for Patient Safety

What can you do?

  1. Email your Councilmembers
  2. Call your Councilmembers (numbers here and FAQ talking points here)
  3. Sign-on to our Council letter
  4. Sign-up for our townhall on April 22 (see below)
  5. Download and share our infographic
  6. Share this information with your colleagues


On this page:

About the bill
Impact on patients in DC
Impact of physicians in DC
What can you do?
Resources

About the bill

In November 2023, DC Health introduced B25-545, the Health Occupations Revisions General Amendment Act of 2023. This bill is a comprehensive rewrite of the law overseeing medical licensing and regulation in Washington, DC.

Unfortunately, the bill as written would overhaul scope of practice, place allied health professionals in oversight positions of medical licensing, and remove the physician from the center of the care team.

MSDC has long advocated that a physician is the most qualified professional at the head of a care team. Physicians have the most health education and pre-practice experience of any health professional, and thus must be involved in all but the most mundane health care decisions. Allied health professionals are a valuable part of the care team, but their medical education and experience limits their role.

The Medical Society of the District of Columbia (MSDC) is the leading voice for physicians in Washington, DC, committed to uniting physicians to advocate for physician-led health care in Washington, DC that protects patients from harm and increases access to quality care. MSDC is leading a coalition of Washington, DC specialty medical societies to advocate against the Health Occupations Revisions General Amendment Act of 2023.

 

Impact on patients

As currently written, the bill would weaken patient care by expanding the ability of non-physician professionals to practice medicine beyond their training. DC residents deserve access to proper medical care from professionals with the right knowledge and experience to ensure appropriate diagnosis and treatment.

Impact on physicians

Below is a breakdown of some of the major changes the bill would introduce, click on the title to expand how the bill would change that item.

 

Board of Medicine

Currently the Board of Medicine is composed of 10 physicians and 4 members of the public. The bill as amended would reduce the number of physicians to 9 and adds 2 physician assistants but keep the four members of the public health.

Advanced Practice Registered Nurses

The concern: The bill would codify that APRNs could independently diagnose, prescribe, and administer medicine.

The details: See the analysis from G2L Law Firm on the APRN provisions

The solutions: Independent Advanced Certified Nurse Practitioners should have a defined scope of practice limited to the following functions:

  • Practice only in the field of certification;
  • Comprehensive physical assessment of patients;
  • Certify to the clerk of the court that an adult has given birth;
  • Certify to the Transportation authority that an individual has special needs for certain health reasons;
  • Complete date of birth and medical information on a birth certificate;
  • Complete a death certificate if medical examiner does not take charge and deceased was under the care of the PN;
  • Establish medical diagnosis of common short-term and chronic stable health problems;
  • File a replacement death certificate;
  • Issue a “do not resuscitate order” in medical emergencies;
  • Order, perform, and interpret laboratory and diagnostic tests;Prescribe drugs and devices under DC controlled substance Schedules II-V with a valid DEA license, and medical marijuana under DC laws;
  • Provide emergency care within the scope of their skills;
  • Refer patients to appropriate licensed physicians or other health care providers;
  • Certify to utility company that a client has a serious illness or the need for life-support equipment;
  • Witness an advanced directive;
  • Sign off on home health/care orders.
Anesthesiologists and applying anesthesia

The concern: As seen below, additional allied health professions are permitted to apply anesthesia. Most concerning is the scope expansion that could permit nurse anesthetists to practice without physician collaboration.

The solution: This bill asks to repeal Section 603 of DC official code ₰3-1206.03, and this action will allow nurse anesthetists to administer anesthesia without an anesthesiologist or other physician's direct collaboration. Language seeking repeal of Section 603 of DC official code ₰3-1206.03 should not be included.

This bill adds Sec. 605a, which contains language that a CRNA may plan and deliver anesthesia, pain management, and related care to patients or clients of all health complexities across the lifespan. Language adding Sec. 605a should be removed from this bill.

Athletic Trainers
The bill repeals law that requires limiting athletic trainers to only providing first aid, opening the door to athletic trainers potentially practicing some form of medicine.
Audiologists

The expands audiologists' scope to include "cerumen management" and "interoperative neurophysiologic monitoring" and permits audiologists to screen for cognitive, depression and vision.

Chiropractors

The bill completely rewrites the definition of the practice of "chiropractic". Chiropractors could:

  • Diagnose and treat biomechanical or physiological conditions that compromise neural integrity or organ system function
  • Refer patients for further medical treatment or diagnostic testing
Clinical lab technicians

The bill would not longer have physicians overseeing their work but instead a clinical laboratory director

Pharmacists

The bill would expand pharmacists' scope to include:

  • Ordering labs
  • Scheduling and monitoring drug therapy
  • Ordering, interpreting, and performing more tests
Physical Therapists

The bill would permit physical therapists to independently evaluate and treat disability, injury, or disease. PTs may also order imaging as part of their treatment plan.

Podiatrists

The concern: The bill expands podiatrists scope of practice to allow:

  • apply anesthesia as part of treatment; and
  • administer vaccines and injections.

The details: See the analysis from G2L Law Firm on the podiatrists' provisions

The solution: This bill amends Paragraph (14) of D.C. Official Code § 3-1201.02(14) to define "Practice of podiatry” to include the administration of local anesthesia, monitored anesthesia care, and conscious sedation. Other scope of practice expansions for podiatry include care of human hand and wrist, and administration of injections, vaccinations, and immunizations. Podiatrists should not be administering monitored anesthesia care. Podiatrists do not have the qualifications and training to manage a patient's airway so this language should be stricken.

Nursing

Throughout the bill, restrictions on nursing scope of practice are removed or loosened throughout. Specific language outlining what and how nurses can practice is removed and replaced with more vague language giving the Mayor (read DC Health) the ability to dictate scope. This applies to many different nursing types, like APRNs and NPs.

Articles on scope of practice

 

Committee on Health Passes Bill Regulating Physician Reporting

Jan 29, 2020, 15:10 PM by MSDC staff
Changes to B23-269, The Health Care Reporting Amendment Act of 2019, have made strict new reporting requirements less onerous to District physicians.

Today, the District Committee on Health passed B23-269, the Health Care Reporting Amendment Act of 2019. The passed version of the legislation contains some changes to the original language that is important for District physicians to be aware of.

Original Legislation

MSDC testified before the Committee on Health on the original bill and stated its opposition. The reasons for our opposition is that the desire by DC Health to further regulate physician reporting would potentially harm physician wellbeing in a few key ways:

  • The legislation would require a health professional to report to the Board if he/she/they had "a mental or physical impairment that results in the health professional being unable to perform his or her occupation in a safe and effective manner"

  • A health professional or employer would be fined $10,000 for failing to report a reportable incident

  • A health professional or employer would have 10 days to report an incident such as an adverse lawsuit, termination of employment, or malpractice suit confidential settlement.

MSDC's main concern was the ambiguity in this language would disadvantage physicians from seeking assistance for burnout or addiction, especially with the onerous fine and short reporting timeline. MSDC thanks the DC Hospital Association and DC Primary Care Association for standing with us on this issue

Amended language

Today, the Committee on Health passed amended language to B23-269 that addressed some of those concerns. Changes included:

  • Reporting requirements would not apply to a physician that loses or suspends privileges due to addiction who "enters and successfully completes a prescribed program of education or rehabilitation". Rather, the reporting requirement comes into play when the physician falls out of the program or shows no ability to complete the program.

  • The fines for failing to report to DC Health is tiered based on previous failures to report

  • The 10 day reporting requirement becomes a 10 business day reporting requirement.

MSDC welcomes comments from its members on the legislation and will update all physicians as the legislation advances. Any member who wants to become more involved in advocacy efforts should contact Robert Hay Jr. at hay@msdc.org or 202-466-1800.

Load more comments
avatar
New code

Resources

Location:

Virtual

Register Now

 

A recent DC bill would change the scope of practice laws in DC and remove the physician from the center of healthcare in many medical situations.You can help change this bill to prevent scope expansion.

Join our expert panel on April 22 at 6 PM to learn what exactly the bill contains, how you can effectively communicate with the Council, and why you need to do it sooner rather than later.

Learn more about the legislation and how you can take action here.

Townhall panelists:

Dr. Klint Peebles (Moderator): MSDC Advocacy Committee Chair and Director

Dr. Jen Feldman Brillembourg (Panelist): Vice President DC Society of Anesthesiologists

More panelists announced soon

Read our FAQ of the bill here.