{"data":{"id":"us-dc/d.c.-code-7-731-perm","jurisdiction":"us-dc","citation":"D.C. Code § 7-731(Perm)","heading":"Exclusive agency powers.","body":"\n  *NOTE: This codification is not the most current, due to recent law changes. To see the current law (including emergency and temporary legislation, if relevant) click this link: Current Version*\n  \n\n(a)\nNotwithstanding the licensing powers and responsibilities given to other District of Columbia agencies and officials in subchapters I-A and I-B of Chapter 28 of Title 47 of the District of Columbia Code, the Department of Health, as established by Reorganization Plan No. 4 of 1996, effective July 17, 1996 (part A of subchapter XIV of Chapter 15 of Title 1), shall be the exclusive agency to:\n(1)\nRegulate allied health care professionals and social service professionals;\n(2)\nRegulate occupational and professional conduct and standards for health care and social service professionals, including investigating, licensing, and enforcing applicable laws and regulations;\n(3)\nRegulate actions that affect the physical environment and ensure compliance with applicable federal and District laws and rules that govern the uses and practices that affect the physical environment, including air resources management, water resources management, stormwater management, soil resources management, hazardous waste, pesticides, lead poison program implementation, asbestos program management, underground storage tank regulation, aquatic and wildlife resources management, medical waste management, low-level radioactive waste control, and toxic chemical control;\n(4)\nRegulate health care facilities and social service facilities;\n(5)\nRegulate food service establishments, including, but not limited to, retailers and wholesalers of food and food products, grocery stores, restaurants, food vendors, dairies, patent medicine outlets, ice cream manufacturers, candy manufacturers, bottling establishments, wholesale and retail seafood dealers, delicatessens, and bakeries;\n(5A)\nRegulate food labeling, pursuant to § 48-303;\n(6)\nRegulate pharmacies and pharmacy personnel;\n(7)\nDetermine which drugs and other substances shall be classified as controlled substances, and identify persons and facilities that handle, manage, distribute, dispense, and conduct research with controlled substances;\n(8)\nRegulate radiological and medical devices;\n(9)\nRegulate the manufacture, distribution, and dispensing of controlled substances;\n(10)\nRegulate the operation of barber shops, beauty salons, and body art establishments;\n(11)\nRegulate swimming pools;\n(12)\nRegulate massage and health spa establishments;\n(13)\nRegulate animal disease control and rodent control; and\n(14)\nPerform any other functions expressly described in Reorganization Plan No. 4 of 1996, as construed in light of all documents formally made a part of Reorganization Plan No. 4 of 1996 pursuant to § 1-315.05.\n\n(a-1)\n(1)\nThe Department of Health shall conduct a minimum of 3 inspections per year of the environmental conditions at the Central Detention Facility, Correctional Treatment Facility, and Central Cell Block. For the purposes of this subsection, the term “environmental conditions” shall include temperature control, ventilation, and sanitation.\n(2)\nThe Department of Health shall submit the report of each inspection conducted pursuant to paragraph (1) of this subsection to the Council and the Mayor within 30 days of the inspection.\n\n(b)\nFor the purpose of this section, the term “regulate” shall include all licensing, certification, investigation, inspection, permitting, registration, and enforcement functions, including the issuance of civil infractions, except that the Department of Consumer and Regulatory Affairs shall continue to issue licenses for businesses engaged in functions as set forth in subsection (a)(3), (a)(5), (a)(10), (a)(11), and (a)(12) of this section.\n\n(c)\nThe Mayor shall establish fees to implement this section. All fines and fees collected pursuant to this section shall be deposited as nonlapsing funds in the Department of Health Regulatory Enforcement Fund to the credit of the administration within the Department of Health responsible for collecting the fees to support the activities of those programs, except that fines and fees collected pursuant to Chapter 21 of Title 8 shall be deposited in the Rodent Control Fund. After September 30, 2002, fines and fees generated through rodent control activities shall be deposited in the Department of Health Regulatory Enforcement Fund.\n\n(d)\nNotwithstanding any provision in this section or any other District law, the Mayor may regulate the manufacture, cultivation, distribution, dispensing, possession, and administration of medical marijuana as authorized in Chapter 16B of this title.","path":["Title 99. Reserved sections."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/7-731(Perm)","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"11bc625bd6815992a81d2ce2e4c6d61653720d0743f0018e7cc0f904fd5b6877","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-8-151.03-perm","next":"us-dc/d.c.-code-4-671.02-perm"},"notice":"GroundRules: Original legal text. Not legal advice."}