Section 16-3605. GROUP HOMES FOR MENTALLY RETARDED PERSONS INFRACTIONS

 

3605.1Reserved

 

3605.2Violation of any of the following provisions shall be a Class 2 infraction:

 

(a)22 DCMR § 3502.6 (denial of meals as a form of punishment);

 

(b)22 DCMR § 3509.9 (employing staff with a history of abuse, neglect, exploitation, or conviction of a sexual or violent crime);

 

(c)22 DCMR § 3520 (failure to comply with requirements concerning professional services);

 

(d)22 DCMR § 3521 (failure to comply with requirements concerning habilitation and training); or

 

(e)22 DCMR § 3523 (failure to observe and protect client's rights).

 

3605.3Violation of any of the following provisions shall be a Class 3 infraction:

 

(a)22 DCMR § 3500.1 (failure to comply with general provisions regarding pharmacies and pharmaceuticals);

 

(b)22 DCMR § 3500.2 (failure to demonstrate understanding that D.C. Law 6-137 governs care and rights of mentally retarded persons);

 

(c)22 DCMR § 3501.1 (failure to provide home-like atmosphere and least restrictive yet safe setting);

 

(d)22 DCMR § 3501.3 (failure to locate within easy walking distance of transportation or to provide transportation);

 

(e)22 DCMR § 3501.4 (failure to locate away from noise and hazardous or noxious conditions);

 

(f)22 DCMR § 3501.6 (failure to provide tempered glass and to conspicuously mark sliding doors or panels);

 

(g)22 DCMR § 3501.10 (failure to provide social and recreational space);

 

(h)22 DCMR § 3501.11 (failure to provide adequate community space);

 

(i)22 DCMR § 3502, except 3502.6 (failure to comply with requirements concerning meal service and dining areas);

 

(j)22 DCMR § 3503.1 (failure to provide sufficient square footage in bedroom or exceeding allowable bedroom occupancy);

 

(k)22 DCMR § 3503.2 (failure to keep beds sufficiently apart from each other and from radiators);

 

(l)22 DCMR § 3503.3 (failure to provide required bedroom furniture or bedding);

 

(m)22 DCMR § 3503.5 (failure to provide sufficient storage space in bedroom);

 

(n)22 DCMR § 3503.7 (failure to designate bedroom for bedroom use only);

 

(o)22 DCMR § 3503.8 (failure to provide adequate bathroom space and fixtures);

 

(p)22 DCMR § 3503.9 (failure to provide adequate appliances and equipment in bathroom);

 

(q)22 DCMR § 3504 (failure to comply with requirements concerning housekeeping, sanitation, and/or maintenance);

 

(r)22 DCMR § 3506 (failure to comply with program statement requirements);

 

(s)22 DCMR § 3507 (failure to comply with requirements concerning policies and procedures);

 

(t)22 DCMR § 3508 (failure to comply with requirements concerning administrative support, residents' funds, and/or insurance);

 

(u)22 DCMR § 3509.1 (failure to develop and distribute personnel policies);

 

(v)22 DCMR § 3509.2 (failure to develop and distribute job descriptions);

 

(w)22 DCMR § 3509.6 (failure to ensure that employee has and passes health examination prior to employment and annually thereafter);

 

(x)22 DCMR § 3509.7 (failure to ensure that employee's initial health exam is done within 90 days prior to employment);

 

(y)22 DCMR § 3509.8 (failure to obtain physician's documentation that employee with positive test for communicable disease is receiving needed follow-up care);

 

(z)22 DCMR § 3510 (failure to comply with requirements concerning staff training);

 

(aa)22 DCMR § 3511 (failure to comply with requirements concerning direct care staff ratios);

 

(bb)22 DCMR § 3513 (failure to comply with requirements concerning administrative records);

 

(cc)22 DCMR § 3514 (failure to comply with requirements concerning resident records);

 

(dd)22 DCMR § 3515 (failure to comply with requirements concerning confidentiality of records);

 

(ee)22 DMCR § 3516 (failure to develop and make available policies concerning admission, transfer, and discharge);

 

(ff)22 DCMR § 3517 (failure to comply with requirements concerning admission policies and procedures, health screening and recordkeeping);

 

(gg)22 DCMR § 3518 (failure to comply with requirements concerning discharge and transfer policies and procedures and recordkeeping);

 

(hh)22 DCMR § 3519 (failure to comply with requirements concerning emergencies and unusual incidents); or

 

(ii)22 DCMR § 3522 (failure to comply with requirements concerning medications).

 

3605.4Violation of any of the following provisions shall be a Class 4 infraction:

 

(a)22 DCMR § 3500.3 (using an improper name or logo on the exterior of the facility);

 

(b)22 DCMR § 3501.5 (failure to supply window curtains, shades or blinds, clean and in good repair);

 

(c)22 DCMR § 3501.7 (failure to show that facility can provide outside recreational activities);

 

(d)22 DCMR § 3501.8 (failure to provide access to and encourage full utilization of space);

 

(e)22 DCMR § 3501.9 (failure to locate restricted space in the most remote portions of the facility);

 

(f)22 DCMR § 3503.4 (failure to provide employee with copy of job description);

 

(g)22 DCMR § 3503.10 (failure to provide required supplies in bathroom);

 

(h)22 DCMR § 3509.3 (failure to discuss contents of job description with employee periodically);

 

(i)22 DCMR § 3509.4 (failure to provide employee with copy of job description);

 

(j)22 DCMR § 3509.5 (failure to update job description and review it with employee); or

 

(k)22 DCMR § 3512 (failure to comply with general recordkeeping requirements).

 

source

Final Rulemaking published at 52 DCR 4999 (May 27, 2005).