Section 22-B4901. LICENSING

 

4901.1Each applicant for licensure as a nurse staffing agency must submit an application for initial licensure to the Department no later than ninety (90) days before its intended commencement of operation.

 

4901.2As part of its initial application for licensure, the applicant must submit to the Department all information listed as required in section 4 of the Act, and the following other information:

 

(a) All additional names, if any, under which the applicant or a subordinate part thereof intends to do business as a nurse staffing agency within the District of Columbia;

 

(b) The name, professional title, and District of Columbia license number of the agency's nursing personnel and health aide supervisor(s), as further described in section 4904.2;

 

(c) If the applicant's District of Columbia operations headquarters is located within the District of Columbia, a copy of the Certificate of Occupancy issued by the District of Columbia government to the applicant for that premises;

 

(d) If the applicant's District of Columbia operations headquarters is located outside of the District of Columbia, a copy of each document certifying the responsible jurisdiction's approval of the use of that location or premises as a nurse staffing agency, including approval related to the appropriate zoning, building and fire codes, if applicable;

 

(e) If the applicant's District of Columbia operations headquarters is located outside of the District of Columbia, the name, address and telephone number of:

 

(1)If the applicant is a corporation, the corporation's registered agent within the District of Columbia, appointed pursuant to the District of Columbia Business Corporation Act, D.C. Law 9-144, D.C. Official Code §§ 29-101.10 through 101.12; or

 

(2)If the applicant is not a corporation, the applicant's attorney-in-fact or general agent, who must maintain a business office or residence within the District of Columbia, and who must be employed or appointed by the applicant as the person upon whom all judicial and other process or legal notice directed to the agency, relative to conduct governed by the Act and by these rules, may be served.

 

(f) A copy of the agency's policies and procedures manual;

 

(g) The required fee(s); and

 

(h) Any other information that the Department may require in order to properly consider the application.

 

4901.3Each nurse staffing agency seeking renewal of its license to operate must submit an application for license renewal to the Department no later than ninety (90) days before the expiration date of its current license. The required renewal license fee must accompany the application.

 

4901.4The Department may impose a late application fee, in addition to the established license fee, if a nurse staffing agency fails to submit its license renewal application within the time prescribed.

 

4901.5Each nurse staffing agency license shall be the property of the District of Columbia government, and must be returned to the Department immediately upon any of the following events:

 

(a)Suspension or revocation of the license;

 

(b)Non-renewal of the license;

 

(c)Forfeiture of the license, consistent with section 4901.6; or

 

(d)If operation of the agency is discontinued by the voluntary action of the licensee.

 

4901.6The Department shall issue each license only for the premises and the person or persons named as applicant(s) in the license application, and the license shall not be valid for use by any other person or persons or at any place other than that designated in the license. Any transfer as to person or place without the approval of the Department shall cause the immediate forfeiture of the license.

 

4901.7Each applicant for licensure intending to operate in premises located within the District of Columbia must comply with all applicable District of Columbia laws and regulations regarding zoning, fire safety and building construction for all agency premises before an initial or renewal license will be issued.

 

4901.8Each applicant for licensure intending to operate in premises located outside the District of Columbia must provide proof of compliance with the applicable jurisdiction's laws regarding zoning, fire safety and building construction for all agency premises as part of the agency's application for an initial or renewal license.

 

4901.9If a completed renewal application is filed timely pursuant to these rules, the continued operation of the nurse staffing agency past the stated expiration date on the current license shall not be unlawful if the Department has not yet taken official action on the application for renewal.

 

4901.10The Department shall have the authority to issue regular, provisional, and restricted licenses, as further described in these rules, and to classify each issued license as regular, provisional or restricted.

 

4901.11The Department shall issue a regular initial license or renewal license, for a period not to exceed one (1) year, to each nurse staffing agency that is in substantial compliance with the Act and with these rules.

 

4901.12The Department may issue a provisional license, not to exceed ninety (90) days, to a nurse staffing agency that is not in substantial compliance with the Act or these rules, when the Department determines that the agency is taking appropriate ameliorative action in accordance with an established timetable.

 

4901.13A provisional license issued pursuant to section 4901.12 may be renewed no more than once.

 

4901.14The Department may issue a restricted license, prohibiting a nurse staffing agency from accepting new clients or from delivering one or more specified services, for a period not to exceed one (1) year, to an agency that is not in substantial compliance with the Act or these rules, as an alternative to suspension, revocation or denial of renewal of the agency's license.

 

4901.15Each licensed nurse staffing agency that ceases to operate within the District of Columbia must notify the Department within five (5) business days of ceasing operation, and must return its license to the Department within ten (10) business days of ceasing operation.

 

source

Final Rulemaking published at 51 DCR 10633 (November 19, 2004).