Section 16-3607. NURSING FACILITY INFRACTIONS

 

3607.1Violation of the following provision shall be a Class 1 infraction:

 

22 DCMR § 3203.1 (operating a nursing facility without a license).

 

3607.2Violation of any of the following provisions shall be a Class 2 infraction:

 

(a)22 DCMR § 3200.1 (failure to comply with requirements concerning a provision in the federal regulations);

 

(b)22 DCMR § 3205 (failure to comply with requirements concerning insurance coverage);

 

(c)22 DCMR § 3207 (failure to comply with requirements concerning physician services and medical supervision);

 

(d)22 DCMR § 3208 (failure to comply with requirements concerning nursing services and Director of Nursing);

 

(e)22 DCMR § 3209 (failure to comply with requirements concerning nursing services supervision);

 

(f)22 DCMR § 3210 (failure to comply with requirements concerning licensed nursing coverage);

 

(g)22 DCMR § 3211 (failure to comply with requirements concerning nursing personnel);

 

(h)22 DCMR § 3212 (failure to comply with requirements concerning temporary nursing personnel);

 

(i)22 DCMR § 3213 (failure to comply with requirements concerning restorative nursing care);

 

(j)22 DCMR § 3215 (failure to comply with requirements concerning ventilator care services);

 

(k)22 DCMR § 3216 (failure to comply with requirements concerning use of restraints);

 

(l)22 DCMR § 3217.6 (failure to ensure that infection control policies are implemented and that environmental services are in compliance);

 

(m)22 DCMR § 3217.8 (failure to report communicable disease);

 

(n)22 DCMR § 3222 (failure to comply with requirements concerning immunizations);

 

(o)22 DCMR § 3223 (failure to comply with requirements concerning rehabilitative services);

 

(p)22 DCMR § 3224 (failure to comply with requirements concerning pharmaceutical services and supervision);

 

(q)22 DCMR § 3225 (failure to comply with requirements concerning physician orders for medications);

 

(r)22 DCMR § 3226 (failure to comply with requirements concerning administration of medication);

 

(s)22 DCMR § 3227 (failure to comply with requirements concerning labeling and storage of medication);

 

(t)22 DCMR § 3235.5 (failure to provide emergency power generator when life support system is used);

 

(u)22 DCMR § 3235.6 (failure to provide emergency power for elevators); or

 

(v)22 DCMR § 3236.4 (failure to maintain water temperature between 95 and 110 degrees Fahrenheit).

 

3607.3Violation of any of the following provisions shall be a Class 3 infraction:

 

(a)22 DCMR § 3201 (failure to comply with requirements concerning administrative management);

 

(b)22 DCMR § 3202 (failure to comply with requirements concerning personnel policies);

 

(c)22 DCMR § 3203, except § 3203.1 (failure to comply with requirements concerning licenses and administrative records);

 

(d)22 DCMR § 3206 (failure to comply with requirements concerning resident care policies);

 

(e)22 DCMR § 3214 (failure to comply with requirements concerning in-service education for nursing personnel);

 

(f)22 DCMR § 3217, except § 3217.6 and § 3217.8 (failure to comply with requirements concerning infection control);

 

(g)22 DCMR § 3218 (failure to comply with requirements concerning dietary supervision);

 

(h)22 DCMR § 3219 (failure to comply with requirements concerning dietary services);

 

(i)22 DCMR § 3220 (failure to comply with general dietary requirements);

 

(j)22 DCMR § 3221 (failure to comply with requirements concerning dietary management and records);

 

(k)22 DCMR § 3228 (failure to comply with requirements concerning podiatry services);

 

(l)22 DCMR § 3229 (failure to comply with requirements concerning social services);

 

(m)22 DCMR § 3230 (failure to comply with requirements concerning resident activities);

 

(n)22 DCMR § 3231 (failure to comply with requirements concerning medical records);

 

(o)22 DCMR § 3232 (failure to comply with requirements concerning incident reporting);

 

(p)22 DCMR § 3233 (failure to comply with requirements concerning grievances);

 

(q)22 DCMR § 3234 (failure to comply with environmental requirements);

 

(r)22 DCMR § 3235, except § 3235.5 and § 3235.6 (failure to comply with requirements concerning electrical systems);

 

(s)22 DCMR § 3236, except § 3236.4 (failure to comply with requirements concerning water supply and distribution);

 

(t)22 DCMR § 3237 (failure to comply with requirements concerning sewage and solid waste disposal);

 

(u)22 DCMR § 3238 (failure to comply with requirements concerning heating and cooling);

 

(v)22 DCMR § 3239 (failure to comply with requirements concerning ventilation and exhaust);

 

(w)22 DCMR § 3240 (failure to comply with requirements concerning acoustical insulation and noise reduction);

 

(x)22 DCMR § 3241 (failure to comply with requirements concerning elevators);

 

(y)22 DCMR § 3242 (failure to comply with requirements concerning walls, ceilings, floors and finishes);

 

(z)22 DCMR § 3243 (failure to comply with requirements concerning ramps, stairs, and corridors);

 

(aa)22 DCMR § 3244 (failure to comply with requirements concerning outdoor space);

 

(bb)22 DCMR § 3245 (failure to comply with requirements concerning nursing unit design);

 

(cc)22 DCMR § 3246 (failure to comply with requirements concerning resident bedrooms);

 

(dd)22 DCMR § 3247 (failure to comply with requirements concerning resident toilets and bathrooms);

 

(ee)22 DCMR § 3248 (failure to comply with requirements concerning refreshment stations);

 

(ff)22 DCMR § 3249 (failure to comply with requirements concerning resident recreation and social areas);

 

(gg)22 DCMR § 3250 (failure to comply with requirements concerning food service areas);

 

(hh)22 DCMR § 3251 (failure to comply with requirements concerning therapy service areas);

 

(ii)22 DCMR § 3252 (failure to comply with requirements concerning resident shopping and grooming areas);

 

(jj)22 DCMR § 3253 (failure to comply with requirements concerning public and staff facilities);

 

(kk)22 DCMR § 3254 (failure to comply with requirements concerning laundry areas);

 

(ll)22 DCMR § 3255 (failure to comply with requirements concerning housekeeping and maintenance);

 

(mm)22 DCMR § 3256 (failure to comply with requirements concerning housekeeping and maintenance services);

 

(nn)22 DCMR § 3257 (failure to comply with requirements concerning pest control);

 

(oo)22 DCMR § 3258 (failure to comply with requirements concerning general safety and inspection);

 

(pp)22 DCMR § 3259 (failure to comply with requirements concerning fire and emergency preparedness);

 

(qq)22 DCMR § 3264 (failure to comply with requirements concerning physical structure and construction); or

 

(rr)22 DCMR § 3265 (failure to comply with requirements concerning wheelchair and handicapped access).

 

source

Final Rulemaking published at 52 DCR 5010 (May 27, 2005).