D.C. Mun. Regs. tit. 17 § 4611

Current through Register Vol. 70, No. 17, April 26, 2024
Rule 17-4611 - PRE-LICENSURE PRACTICE BY POSTGRADUATE PHYSICIANS
4611.1

For purposes of this section, the following terms have the meanings indicated:

(a) "Postgraduate physician" means a person who:
(1) Holds a degree in medicine or osteopathy; and
(2) Is enrolled in a postgraduate clinical training residency program, or
(3) Has completed a residency program in a postgraduate clinical training program and is enrolled in a postgraduate clinical training fellowship program.
(b) "Medical training license" or "MTL" means a limited medical license issued only to a postgraduate physician.
(c) "Medical training registration" or "MTR" means a limited medical registration issued to a post-graduate physician from a postgraduate clinical training program located outside the District of Columbia only for the purpose of participating in a rotation in a postgraduate clinical training residency program located in the District of Columbia.
(d) "Medical training licensee" means a person who holds a valid medical training license issued by the Board.
(e) "Medical training registrant" means a person who is enrolled in a postgraduate clinical training residency program outside of the District of Columbia, and is participating in a rotation under the auspices of a postgraduate clinical training program within the District of Columbia.
(f) "Postgraduate clinical training program" means an Accreditation Council for Graduate Medical Education (ACGME) or Board-approved medical residency or fellowship program.
4611.2

Medical training licenses (MTLs) shall be classified as follows:

(a) Type I(A), postgraduate physicians enrolled in a postgraduate clinical training residency program who graduated from a U.S. or Canadian medical school;
(b) Type I(B), foreign medical school-trained postgraduate physicians (not including Canada) enrolled in a postgraduate clinical training residency program; and
(c) Type II, foreign medical-school trained postgraduate physicians enrolled in an ACGME or Board approved postgraduate clinical training fellowship program.
4611.3

A postgraduate physician with an MTL I(A) who has a full unrestricted medical license in another state is eligible for an MTL I(A) for only one year of postgraduate residency training; for a second and subsequent years they must apply for a full medical license in the District of Columbia if they qualify for a full medical license.

4611.4

Unless a postgraduate physician has an active medical license, medical training license, or medical training registration (MTR) from the District of Columbia, a postgraduate physician may not practice medicine in the District of Columbia. A licensee with an MTL or an MTR may only practice medicine in the program for which their MTL or MTR was specifically issued.

4611.5

A postgraduate physician with a District of Columbia medical license is not subject to the requirements of this Section.

4611.6

A postgraduate physician in a fellowship training program who is eligible for a District of Columbia medical license is not eligible for an MTL.

4611.7

A postgraduate physician shall do the following:

(a) Be enrolled with one or more institutions sponsoring the clinical training program(s), which shall keep on file a description of the terms and conditions of the postgraduate physician's employment, or participation in the program;
(b) Submit, not later than ninety (90) days prior to the commencement of the postgraduate physician's participation in a clinical training program in the District, the documentation required for a new medical training license application. A postgraduate physician may submit a late application for a new medical training license less than ninety (90) days prior to the commencement of the clinical training program only after paying a late application fee;
(c) Submit, prior to the commencement of each training year, the documentation required for a medical training license renewal application for review no earlier than March 1st but not later than May 31st of the training year;
(d) Renew the MTL I license for a maximum of seven (7) years or until the successful completion of a post-graduate clinical residency program, unless licensed in another state, in which case the one-year limitation of subsection 4611.3 applies;
(e) Grant the Board access to, and permit the training program to disclose, all postgraduate education records, to the extent the disclosure does not violate any District or federal laws;
(f) Be supervised by a licensed physician who is:
(1) A member of the medical staff of the medical institution or medical facility through which the clinical training program takes place; and
(2) Approved by the clinical training program to be a supervising physician;
(g) Identify himself or herself as a resident or fellow at all times when practicing medicine;
(h) Comply with the standards of conduct for a licensed physician set forth in this chapter and the Health Occupations Revision Act effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3 - 1201.01 et seq.) (HORA);
(i) Practice medicine for no more than the maximum number of hours permitted by the ACGME; and
(j) Practice medicine only in the clinical training program or rotation where the postgraduate physician is enrolled.
4611.8

Unless waived by the Board, a postgraduate physician applying for a medical training license or registration shall submit, or cause to be submitted, as appropriate, to the Board for consideration the following:

(a) A completed application form, with a signed statement attesting to the truth and accuracy of its contents;
(b) A photograph taken not more than three (3) months prior to submission, whose dimensions are at least two inches (2 in.) by two inches (2 in.), which shall be affixed to the application;
(c) The Graduate Medical Education (GME) program director's attestation that the postgraduate physician has graduated from an accredited U.S. or foreign medical school;
(d) If a graduate of a medical school outside the U.S. or Canada, verification of a currently valid Educational Commission for Foreign Medical Graduates (ECFMG) certification;
(e) If applicable, documentation verifying name change;
(f) The results of a criminal background check, completed pursuant to D.C. Official Code § 3-1205.22 and Chapter 85 of this title;
(g) Payment of the license or registration fee plus the cost of the criminal background check;
(h) The GME program director's attestation verifying the applicant's acceptance into the program and the commencement date of the program;
(i) For an applicant for an MTL Type I medical training license, proof of a passing score on:
(1) The United States Medical Licensing Examination (USMLE) Step 1 and Step 2; or
(2) The Comprehensive Osteopathic Medical Licensure Examination (COMLEX) Levels 1 and 2;
(j) For an applicant for an MTL Type II medical training license, proof of a passing score on:
(1) The United States Medical Licensing Exam (USMLE) Step 1, Step 2, and Step 3; or
(2) The Comprehensive Osteopathic Medical Licensure Examination (COMLEX) Levels 1 and 2;
(k) If requested, any additional information the Board considers necessary to properly evaluate the applicant's competence and character.
4611.9

Each GME institution shall submit to the Board by April 30th of each year a complete list of ACGME and Board approved programs within their training institution and the names, specialty training, and participation year of all participants. The list of ACGME and Board approved programs within the training institution, and the names, specialty training, and participation year of all participants may be amended until June 1st of that year.

4611.10

The Board, in its discretion, may waive any requirement for obtaining a medical training license or registration upon good cause.

4611.11

A medical training license shall be issued for a period not to exceed one (1) year.

4611.12

A medical training registration is valid for a rotation in a single clinical training program in the District of Columbia; a rotation in a different clinical training program requires a new MTR except for applicants who qualify pursuant to subsection 4611.13. The MTR is valid only for the specific duration of the rotation and may not exceed 120 days.

4611.13

MTR applicants who are federal employees from the National Capital Consortium (NCC) or the National Institutes of Health (NIH) may apply for a single MTR valid for one year that encompasses multiple rotations in accordance with policies establishing the exact time and place of the rotations during the year.

4611.14

A postgraduate physician may be disciplined for conduct that violates the Act or this chapter. The Board may deny an applicant a license, or take other disciplinary action against a student or postgraduate physician who is found to have violated the Act or this chapter, in accordance with Chapter 41 of this title.

4611.15

An applicant who submits an application to renew more than sixty (60) days after the expiration date of the medical training license shall be subject to payment of a renewal late fee.

4611.16

A post-graduate physician is responsible for ensuring they have an active MTL or MTR prior to practice of any kind. A post-graduate physician who engages in medical practice without an active license may be formally disciplined for unlicensed practice and any other violations of the HORA.

D.C. Mun. Regs. Tit. 17, § 4611

Final Rulemaking published at 35 DCR 5999, 6009 (August 5, 1988); as amended by Final Rulemaking published at 51 DCR 6028 (June 11, 2004); as amended by Final Rulemaking published at 52 DCR 6834 (July 22, 2005); as amended by Final Rulemaking published at 59 DCR 9479, 9480 (August 10, 2012); as amended by Final Rulemaking published at 60 DCR 5134 (April 5, 2013); amended by Final Rulemaking published at 70 DCR 9772 (7/14/2023)
Authority: 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. & 2012 Supp.)), as amended, and Mayor's Order 98-140, dated August 20, 1998.