D.C. Mun. Regs. tit. 22, r. 22-B230

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-B230 - COVID-19 VACCINATION REQUIREMENTS FOR HEALTHCARE WORKERS

230.1

Each of the persons described in §230.2, unless granted an exemption under §231 of this chapter, shall:

(a) Receive the first and second dose of the Pfizer-BioNTech COVID-19 vaccine, or receive a second dose of a different COVID-19 vaccine listed in this subsection, within the time period established in the dosing schedule for the vaccine;

(b) Receive the first dose and second dose of the Moderna COVID-19 vaccine, or a dose of a different COVID-19 vaccine listed in this subsection, within the time period established in the dosing schedule for the vaccine;

(c) Receive one (1) dose of the Janssen COVID-19 vaccine; or

(d) Receive the first and second dose of the Novavax COVID-19 vaccine or receive a second dose of a different COVID-19 vaccine listed in this subsection, within the time period established in the dosing schedule for the vaccine.

230.2

The following persons who have been hired by, employed by, contracted with, or granted privileges or credentials by facilities governed by §11200 of Subtitle B (Public Health and Medicine) of Title 22 (Health) of the District of Columbia Municipal Regulations ("DCMR"), are subject to the requirements set forth in §230.1:

(a) Each person licensed pursuant to section 501(a)(1) of the District of Columbia Health Occupations Revisions Act of 1985 ("Health Occupations Act"), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.01(a)(1)), to practice acupuncture, advanced practice addiction counseling, assisted living administration, audiology, certified midwife, certified professional midwife, chiropractic, cytotechnology, dental hygiene, dentistry, dietetics, histotechnology, home health care administration, marriage and family therapy, massage therapy, medical laboratory technology, medicine, naturopathic medicine, nutrition, nursing home administration, occupational therapy, optometry, pharmaceutical detailing, pharmacy, physical therapy, podiatry, practical nursing, professional counseling, psychology, registered nursing, respiratory care, social work, speech-language pathology, veterinary medicine, or to practice as an anesthesiologist assistant, athletic trainer, personal fitness trainer, pharmacy intern, physician assistant, physical therapy assistant, polysomnographic technologist, occupational therapy assistant, surgical assistant, professional art therapy, or as a trauma technologist, or to practice any other profession for which licensure is required by section 501(a)(1) of the Health Occupations Act (D.C. Official Code § 3-1205.01(a)(1)) ;

(b) Each person registered pursuant to section 501(a)(2) of the Health Occupations Act (D.C. Official Code § 3-1205.01(a)(2)) to practice as an audiology assistant, dental assistant, nursing assistive personnel (including certified nurse aide and certified home health aide), pharmacy technician, phlebotomist, psychology associate, polysomnographic technician or trainee, speech-language pathology assistant, or speech-language pathology clinical fellow, or to practice any other profession for which registration is required by §501(a)(2) of the Health Occupations Act (D.C. Official Code § 3-1205.01(a)(2)) ;

(c) Each person certified pursuant to §501(a)(3) of the Health Occupations Act (D.C. Official Code § 3-1205.01(a)(3)) to practice as an addiction counselor I, addiction counselor II, advanced practice registered nursing, veterinary technician, or a veterinary euthanasia technician, or to practice any other profession for which certification is required by §501(a)(3) of the Health Occupations Act (D.C. Official Code § 3-1205.01(a)(3)) ;

(d) Each person certified pursuant to section 6 of the Emergency Medical Services Act of 2008 ("Emergency Medical Services Act"), effective March 25, 2009 (D.C. Law 17-357; D.C. Official Code § 7-2341.05), to perform the duties of emergency medical services personnel;

(e) Each person certified pursuant to section 7 of the Emergency Medical Services Act (D.C. Official Code § 7-2341.06) to perform the duties of flight emergency medical services personnel;

(f) Each person certified pursuant to section 9 of the Emergency Medical Services Act (D.C. Official Code § 7-2341.08) to perform the duties of an emergency medical services instructor; and

(g) Each person who is an "unlicensed person" as that term is defined by section 2(7) of the Health-Care Facility Unlicensed Personnel Criminal Background Check Act of 1998, effective April 20, 1999 (D.C. Law 12238; D.C. Official Code § 44-551(7)), regardless of whether the person is an employee or contractor of a "facility," as that term is defined by section 2(1C) of the Health-Care Facility Unlicensed Personnel Criminal Background Check Act of 1998, effective April 20, 1999 (D.C. Law 12238; D.C. Official Code § 44-551(1C)). The term "unlicensed person" includes, but is not limited to, unlicensed nurse aides, orderlies, assistant technicians, attendants, home health aides, personal care aides, medication aides, geriatric aides, medical assistants, health technicians, other health aides, housekeeping staff, maintenance staff, and administrative staff.

230.3

An employer or contractor may impose COVID-19 vaccination requirements on its employees and contractors that are stricter than the requirements imposed by this section, such as by requiring its employees and contractors to obtain additional vaccinations against COVID-19 or requiring that unvaccinated employees or contractors be tested regularly for COVID-19.

230.4

An employer or contractor may impose COVID-19 vaccination requirements on its employees and contractors that are stricter than the requirements imposed by this section, such as by requiring its employees and contractors to be vaccinated against COVID-19 by a date earlier than required by this section, not providing an emergency use authorization exemption from the COVID-19 vaccination requirement, and requiring that unvaccinated employees or contractors be tested regularly for COVID-19.

D.C. Mun. Regs. tit. 22, r. 22-B230

Final Rulemaking published at 68 DCR 13014 (12/10/2021); amended by Final Rulemaking published at 70 DCR 2436 (2/24/2023)