584
PUBLIC LAW 91-358-JULY 29, 1970
[84 STAT.
AMENDMENTS RELATING TO REVIEW OF ADMINISTRATIVE ACTIONS REGARDING OCCUPATIONS A N D PROFESSIONS
45 Stat. 1338; 77 Stat. 615.
Infra,
Ante, p. 582. 45 Stat. 1337.
54 Stat. 718; 63 Stat. 107.
SEC. 164. (a) The Act entitled "An Act to regulate the practice of the healing art to protect the public health in the District of Columbia", approved February 27, 1929, is amended as follows: (1) Section 38 of such Act (D.C. Code, sec. 2-129) is amended to read as follows: "SEC. 38. The Commission may refuse to license or to register any person for any cause that in the judgment of the Commission would authorize suspension or revocation of a license or registration under section 27 of this Act. Before the Commission refuses to license or register any applicant for cause under this section, it shall give him an opportunity to be heard in person or by attorney and to produce witnesses in his behalf. Witnesses may be produced on behalf of the Commission and on behalf of any interested person. The attendance and testimony of witnesses may be compelled by subpena issued by the Superior Court of the District of Columbia, and that court is authorized to issue and enforce the subpenas on petition of the Commission. Any person failing or refusing, without just cause, to appear and testify in response to a subpena, or in any way obstructing the course on any hearing to which he has been subpenaed, is guilty of contempt of court and may be punished as other persons guilty of contempt of court are punished. Any member of the Commission may administer oaths at any hearing. Review of the Commission's action may be had in accordance with the District of Columbia Administrative Procedure Act (D. C. Code, secs. 1-1501 to 1-1510)." (2) Section 27 of such Act (D.C. Code, sec. 2-123) is amended to read as follows— "SEC. 27. Suspension or revocation by the Commission of any license issued or registration effected under this Act, with respect to a person guilty of misconduct or professionally incapacitated, shall be governed by the District of Columbia Administrative Procedure Act (D.C. Code, sec. 1-1501 to 1-1510)." (b) The Act of July 2, 1940, is amended as follows: (1) Section 11 of such Act (D.C. Code, sec. 2-311) is amended— (A) by striking out all that precedes paragraph (a) and inserting in lieu thereof "The Board may revoke or suspend the license of any dentist in the District of Columbia upon proof satisfactory to the Board—", and (B) by striking out "the said court" in the last sentence and inserting in lieu thereof "the Board". (2) The last sentence of section 25 of such Act (D.C. Code, sec. 2-325) is amended to read as follows: "The license of a dentist who permits a dental hygienist, operating under his supervision, to perform any operation other than that permitted under this section, may be suspended or revoked, and the license of the hygienist violating this Act may also be suspended or revoked, in accordance with section 12 of this Act." (3) Section 12 of such Act (D.C. Code, sec. 2-312) is amended to read as follows: "SEC. 12. Suspension or revocation by the Board of any license issued or registration effected under this Act, with respect to a person guilty of misconduct or professionally incapacitated, shall be governed by the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1510)."
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