5413 SUPERVISED PRACTICE OF APPLICANTS FOR LICENSURE BY ENDORSEMENT

5413.1 An applicant may practice registered nursing only in accordance with the Act and this chapter.

5413.2 An applicant for licensure by endorsement may be authorized to engage in the supervised practice of registered nursing in the District of Columbia without a District of Columbia license if the applicant:

(a) Is currently licensed as a registered nurse under the laws of a state or territory of the United States;

(b) Is a graduate of a program approved in accordance with § 5402.1, or can demonstrate competency in English pursuant to § 5405.3; and

(c) Has an initial application pending for licensure by endorsement in the District of Columbia.

5413.3 A person who has been denied a license, disciplined, convicted of an offense that bears directly upon his or her fitness to be licensed, or who has such an action pending in the District of Columbia or another jurisdiction shall not practice pursuant to this section unless first authorized by the Board in writing.

5413.4 Within five (5) business days after the application for licensure by endorsement has been received by the Board's staff, the Board's staff shall issue a practice letter to the applicant to document that his or her application is pending and that he or she is eligible to practice under the Act and this chapter. The practice letter is not renewable and shall expire:

(a) Ninety (90) days from the date of issuance; or

(b) Upon receipt of written notice from the Board that the application for licensure has been denied, whichever date is the earliest.

5413.5 Upon receipt of the practice letter, the applicant shall inform employers of the date of expiration of the letter and shall immediately cease professional nursing practice in the District on that date or upon receipt of written notice from the Board that the application for licensure has been denied, whichever date is the earliest. The applicant thereafter may practice in a non-professional healthcare occupation, until receipt of a District of Columbia license to practice registered nursing.

5413.6 Only a registered nurse licensed under the Act, who is a supervisor, may be authorized to supervise the practice of registered nursing by an applicant.

5413.7 All supervised practice of an applicant shall take place under general or immediate supervision.

5413.8 An applicant who practices pursuant to this section shall only practice at a hospital, long-term care facility, a health facility operated by the District or federal government, academic institutions; or other health care facility considered appropriate and approved by the Board.

5413.9 An applicant shall not be eligible to practice registered nursing in any of the following settings:

(a) Correctional Facility;

(b) Dialysis Center;

(c) Home Health Agency;

(d) Community Residential Facility;

(e) Nursing Staffing Agency;

(f) Medical Group Practice;

(g) School, (as a school nurse); and

(h) Any other setting that does not meet the requirements of § 5413.8.

5413.10 An applicant practicing under this section shall not assume administrative or technical responsibility for the operation of a nursing program, unit, service, or institution.

5413.11 An applicant shall not receive compensation of any nature, directly or indirectly, from a client or client's family member, except for a salary based on hours worked under supervision.

5413.12 The supervisor shall be fully responsible for the practice by an applicant during the period of supervision and may be subject to disciplinary action for violations of the Act or this chapter by the applicant.

5413.13 The Board may deny an application for licensure by, or take other disciplinary action against, an applicant who is found to have violated the Act or this chapter. The Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the applicant to practice.

SOURCE: Final Rulemaking published at 51 DCR 8613 (September 3, 2004).