District of Columbia Economic Credentialing Statute

D.C. Code § 44-507

(a)   The accordance and delineation of clinical privileges shall be determined on an individual basis and commensurate with an applicant’s education, training, experience, and demonstrated current competence. In implementing these criteria, each facility and agency shall formulate and apply reasonable, nondiscriminatory standards for the evaluation of an applicant’s credentials. As part of its overall responsibility for the operation of a facility or agency, the governing body, or designated persons so functioning, shall ensure that decisions on clinical privileges and staff membership are based on an objective evaluation of an applicant’s credentials, free of anticompetitive intent or purpose. Whenever possible, the credentials committee and other staff who evaluate and determine the qualifications of applicants for clinical privileges and staff membership shall include members of the applicant’s profession. The credentials committee shall accept the District of Columbia’s uniform credentialing form as the sole application for a healthcare provider to become credentialed or recredentialed.

(b)   (1)   The following are not valid factors for consideration in the determination of qualifications for staff membership or clinical privileges:

(A)  An applicant’s membership or lack of membership in a professional society or association;

(B)  An applicant’s decision to advertise, lower fees, or engage in other competitive acts intended to solicit business;

(C)  An applicant’s participation in prepaid group health plans, salaried employment, or any other manner of delivering health services on other than a fee-for-service basis;

(D)  An applicant’s support for, training of, or participation in a private group practice with members of a particular class of health professional;

(E)  An applicant’s practices with respect to testifying in malpractice suits, disciplinary actions, or any other type of proceeding; and

(F)  An applicant’s willingness to send a certain amount of patients/clients who are in need of the services of a facility or agency to a particular facility or agency; provided, that this last restriction shall not apply to public facilities and agencies.