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92D CONGRESS 1ST SESSION

S. 1363

IN THE SENATE OF THE UNITED STATES

MARCH 24 (legislative day, MARCH 23), 1971

Mr. STEVENSON (by request) introduced the following bill; which was read twice and referred to the Committee on the District of Columbia

A BILL

To revise and modernize procedures relating to licensing by the District of Columbia of persons engaged in certain occupations, professions, businesses, trades, and callings, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 TITLE I-REVISION AND MODERNIZATION OF DISTRICT OF COLUMBIA LICENSING PROCEDURES

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6 SEC. 101. That this title may be cited as the "Distiret of 7 Columbia Licensing Procedures Act".

8 SEC. 102. The Congress hereby finds it desirable that the

9 government of the District of Columbia (hereinafter, "Dis

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1 trict") revise and modernize procedures relating to the licens2 ing by the District of persons engaged in certain occupations, 3 professions, businesses, trades, and callings. The Congress 4 further finds it to be in the interest of such licensees, of the 5 general public, and of the District that such licensing proce6 dures be made as nearly uniform as may be feasible, depend7 ing on the circumstances involved in each type of license. 8 Accordingly, the Congress intends by this Act to vest in the 9 District authority to adopt and promulgate regulations revis10 ing and modernizing certain specified Acts or parts of Acts 11 of Congress establishing licensing procedures relating to persons engaging in certain occupations, professions, businesses, 13 trades, and callings.

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14 SEC. 103. (a) Notwithstanding any provision of law 15 contained in the Acts or parts of Acts specified in section 16 104, the District of Columbia Council (hereinafter "Coun17 cil") after consulting with such representatives of the af18 fected occupation, profession, business, trade, or calling as 19 the Council, in its discretion, considers necessary or desir20 able, is authorized to make, from time to time, usual and 21 reasonable regulations which (1) prescribe new or different 22 qualifications, or restate or redefine retained qualifications, 23 for the licensing of persons to engage in the occupations, 24 professions, businesses, trades, and callings affected by such 25 Acts or parts of Acts, (2) provide for the establishment of

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1 classes of any such license and the fixing of the license fee 2 for each such class of license, (3) prescribe new or different 3 grounds, or restate or redefine retained grounds, for the sus4 pension or revocation of any such license, (4) prescribe 5 new or different procedures, or restate or redefine retained 6 procedures, for the granting, renewal, denial, suspension, or revocation of any such license, and (5) eliminate such 8 licensing qualifications, such grounds for suspension or re9 vocation of licenses, or such procedures which the Council 10 determines are no longer necessary or desirable for the 11 granting, renewal, denial, suspension, or revocation of such 12 licenses as are now required by such Acts or parts of Acts. 13 The Council is also authorized to make regulations (1) 14 establishing the periods for which licenses are to be valid, 15 and the beginning and ending dates of any such period, 16 which may be for one year or for more or less than one year, 17 (2) prescribing requirements for the periodic renewals of 18 licenses, (3) prorating the fees charged for licenses, and 19 (4) fixing penalties of a fine not exceeding $300 or impris20 onment for not exceeding ninety days, or both such fine 21 and imprisonment, for the violation of such regulations, in22 cluding, without limitation, any violation of a provision prohibiting a person from falsely holding himself out, in 24 any manner, as being either qualified or duly licensed under

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25 the authority of regulations adopted by the Council pursuant

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to the provisions of this Act. No regulation made pursuant

2 to this Act shall be effective, unless, prior to its adoption, a

3 public hearing is held thereon.

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(b) The authority vested in the Council by this section 5 shall be supplemental to, and shall, to the extent set forth 6 in regulations adopted by the Council, supersede the au7 thority vested in it by the Acts or parts of Acts specified 8 in section 104 as any of the said Acts or parts of Acts may 9 have been modified by Reorganization Plan Number 5 of

1952 (66 Stat. 824) or Reorganization Plan Number 3 of 11 1967 (81 Stat. 948). Except to the extent that any require12 ment or provision of or in any of the said Acts or parts of 13 Acts is changed or eliminated by the Council or is restated 14 or redefined by it pursuant to authority contained in this 15 section, each of the said Acts or part of an Act shall 16 continue in full force and effect.

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SEC. 104. The Acts or parts of Acts with respect to 18 which the Council is empowered to take the action author

19 ized by section 103 are the following:

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(1) An Act to regulate the practice of the healing art 21 to protect the public health in the District of Columbia,

22 approved February 27, 1929 (45 Stat. 1326), as amended

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(2) An Act to amend the Act for the regulation of

25 the practice of dentistry in the District of Columbia, and

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1 for the protection of the people from empiricism in relation

2 thereto, approved June 6, 1892, and Acts amendatory

3 thereof, approved July 2, 1940 (54 Stat. 716), as 4 amended (D.C. Code, title 2, ch. 3).

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(3) An Act to define the term of "registered nurse' 6 and to provide for the registration of nurses in the District

7 of Columbia, approved February 9, 1907 (34 Stat. 887),

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as amended (D.C. Code, secs. 2-401 through 411).

9 (4) The District of Columbia Practical Nurses' Licens10 ing Act, approved September 6, 1960 (74 Stat. 803; D.C. 11 Code, secs. 2-421 through 440).

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(5) The Physical Therapists Practice Act, approved 13 September 22, 1961 (75 Stat. 578; D.C. Code, secs. 2–451

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14 through 472).

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(6) An Act to regulate the practice of optometry in the District of Columbia, approved May 28, 1924 (43 Stat. 177; D.C. Code, title 1, ch. 5).

(7) An Act to regulate the practice of pharmacy and the sale of poisons in the District of Columbia, and for other

purposes, approved May 7, 1906 (34 Stat. 175), as 21 amended (D.C. Code, title 2, ch. 6).

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(8) An Act to regulate the practice of podiatry in the

District of Columbia, approved May 23, 1918 (40 Stat.

560), as amended (D.C. Code, title 2, ch. 7).

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