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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 22. HEALTH |
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SubTilte 22-B. PUBLIC HEALTH AND MEDICINE |
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Chapter 22-B47. HEALTH-CARE FACILITY UNLICENSED PERSONNEL CRIMINAL BACKGROUND CHECK |
Section 22-B4799. DEFINITIONS
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4799.1For the purposes of this chapter, the following terms shall have the meanings ascribed:
Contract services - services provided on behalf of a facility by a person or entity other than the facility pursuant to a contractual agreement.
Contract worker - a compensated contractor, or the agent or employee of a contractor, for whom it is foreseeable that he or she will come in direct contact with patients.
Criminal background check - an investigation into a person's criminal history to determine whether, within the seven (7) years preceding the background check, the person has been convicted, in the District of Columbia or in any other state or territory of the United States where such person has worked or resided, of any criminal offenses.
Direct patient, resident, or client access - access to a patient, resident, or client of a facility, long-term care facility or provider, that involves, or may foreseeably involve, presence in a room occupied by a patient, client, or resident while not under the immediate and contemporaneous supervision of a licensed health care professional employed by the facility. However, the term does not include a volunteer unless the volunteer has duties that are equivalent to the duties of a direct patient, resident, or client access employee and those duties involve, or may involve, presence in a room occupied by a patient, resident, or client of the long-term care facility, or other facility while not under the immediate and contemporaneous supervision of a licensed health care professional employed by the facility.
Director - the Director of the Department of Health or his or her designee.
Employee - a person who is hired and compensated directly by a facility.
Facility - any entity required to be licensed pursuant to the Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48, D.C. Official Code § 44-501 et seq.) and any entity furnishing Medicaid services under a provider agreement with the District of Columbia in accordance with regulations promulgated under Title XIX of the Social Security Act, approved July 30, 1965 (Pub. L. 89-97; 42 U.S.C. § 1396 et seq.).
Long-term care facility or provider - means the following facilities or providers which receive payment for services under Title XVIII or XIX of the Social Security Act:
(a)A provider of hospice care (as defined in § 1861(dd) (1) of 42
U.S.C. 1395x (dd) (1);
(b)A long-term care hospital as described in § 1886(d) (1) (B) (iv) of 42 U.S.C. 1395ww (d) (1) (B) (iv);
(c)A residential care provider that arranges for, or directly provides, long-term care services, including an assisted living facility that provides a level of care established by the Secretary; and
(d)Any other facility or provider of long-term care services under such titles as the District of Columbia deems appropriate.
Medicaid services - nursing facility services, home health-care services, inpatient hospital and nursing services for individuals 65 years of age or older in an institution for mental disease, services in an intermediate care facility for the mentally retarded, home and community care for functionally disabled elderly individuals, and community supported living arrangement services as defined in Title XIX of the Social Security Act, approved July 30, 1965 (Pub. L. 89-97; 42 U.S.C. § 1396 et seq.).
Nurse Aide Abuse Registry - a record, maintained by the District of Columbia in accordance with the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-2032, and pursuant to 29 DCMR 3250-3254, containing names of persons who worked as nurse aides and were determined to have abused, neglected or misappropriated the property of a nursing home resident.
Person - an individual human being.
Private Agency - an entity or person that offers customer assistance in the use of criminal background checks for employment purposes.
Unlicensed person - a person who is not licensed pursuant to the Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code § 3-1201.01 et seq.) and who functions in a complementary or assistance role to licensed health care professionals in providing direct patient care or carrying out common nursing tasks, such as nurse aides, orderlies, assistant technicians, attendants, home health aides, personal care aides, medication aides, geriatric aides, or other health aides. "Unlicensed person" also includes housekeeping, maintenance, and administrative staff for whom it is foreseeable that the person will come in direct contact with patients.