District of Columbia B 24-0207: HIV/AIDS Data Privacy Protection Amendment Act of 2021

Bill Text

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AN ACT

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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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To amend the AIDS Health-Care Response Act of 1986 to remove the court’s ability to collect
and release surveillance information and data collected by the Department of Health for
statistical and public health purpose concerning incidents of HIV and AIDS within the
District of Columbia and to protect HIV surveillance data and information; to amend the
District of Columbia Health Occupations Revision Act of 1985 to clarify the role of
doulas and to establish criteria for doula certification, and to provide the criteria under
which Health Occupations Boards may consider convictions of applicants and those
licensed, certified, or registered by a Health Occupations Board; to amend the
Department of Health Functions Clarification Act of 2001 to create an Advisory
Committee on Maternal Care Professionals; and to amend the Specialty Drug Copayment
Limitations Act of 2016 to allow cost sharing to be applied to an insured’s deductible and
maximum out of pocket obligations.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as “HIV/AIDS Data Privacy Protection and Health Occupation Revision
Clarification Amendment Act of 2022”.

Sec. 2. Section 6 of the AIDS Health-Care Response Act of 1986, effective June 10, 1986
(D.C. Law 6-121; D.C. Official Code § 7-1605), is amended to read as follows:
“Sec. 6. Confidentiality of medical records and information.
“The Director shall use the records incident to a case of HIV infection or AIDS reported
under this act for statistical and public-health purposes only. Identifying information contained
in these records, as well as all identifying information obtained, collected, or created by the
Department of Health (“Department”) shall be disclosed by the Director only when essential to
safeguard the physical health of others. No person shall otherwise disclose such identifying
information unless the person about whom the information pertains gives his or her prior
written permission. All identifying information obtained, collected, or created by the
Department under this act shall not be discoverable or admissible as evidence in a civil or

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criminal action unless the person about whom the information pertains gives his or her prior
written permission.”.

Sec. 3. The 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.), is amended as follows:
(a) Section 101(6C) (D.C. Official Code § 3-1201.01(6C)) is amended to read as follows:
“(6C)(A) "Doula" means an individual certified by the Board of Medicine to
provide culturally competent and continuous physical, emotional, and informational support to a
birthing parent during pregnancy, labor, birth, and postpartum, including:
“(i) Providing support to pregnant individuals and their families,
including surrogates and adoptive parents;
“(ii) Conducting prenatal and postpartum visits;
“(iii) Accompanying pregnant individuals to health care and social
service appointments;
“(iv) Connecting individuals to medical, community-based, or
government-funded resources, including those addressing social determinants of health; and
“(v) Providing support to individuals following either the loss of
pregnancy or birth of a child for up to one year.
“(B) A doula may not:
“(i) Perform clinical tasks or replace trained licensed medical
professionals; or
“(ii) Engage in the practice of medicine as defined in section
102(7).
(b) Section 203(a) (D.C. Official Code § 3-1202.03(a)) is amended as follows:
(1) Paragraph (2) is amended as follows:
(A) Strike the phrase “the practice of medicine, the practice of doulas,”
and insert the phrase “the practice of medicine,” in its place.
(B) Strike the phrase “and the practice of certified professional midwives
with the advice of the Advisory Committee on Certified Professional Midwives.” and insert the
phrase “and the practices of doulas and certified professional midwives with the advice of the
Advisory Committee on Maternal Care Professionals.” in its place.
(2) Paragraph (8) is amended as follows:
(A) Sub-paragraph (H) is amended by striking the phrase “Advisory
Committee on Certified Professional Midwives” and inserting the phrase “Advisory Committee
on Maternal Care Professionals” in its place.
(B) Sub-paragraph (I) is amended by striking the period and inserting the
phrase “in accordance with guidelines issued by the Advisory Committee on Maternal Care
Professionals.” in its place.

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(c) Section 503 (D.C. Official Code § 3-1205.03) is amended as follows:
(1) Subsection (a)(1) is amended by striking the phrase “offense that is directly
related to the occupation for which the license, registration, or certification is sought, pursuant to
a determination made under section 514(f)(2);” and inserting the phrase “offense that is related to
the occ