Section 22-B4906. INSPECTIONS AND INVESTIGATIONS BY THE DEPARTMENT

 

4906.1The Department shall be authorized to take the following actions to determine whether an applicant or a licensee is in compliance with the Act and with these rules:

 

(a)On-site inspection, which may include review of records, interviews of employees, staff members, clients, and patients, and observation of nursing personnel and other staff;

 

(b)Review of records, timely delivered to the Department upon its request, by the applicant or licensee;

 

(c)Interviews of persons authorized by the applicant or licensee to represent the nurse staffing agency; or

 

(d)Any combination of the above.

 

4906.2In the case of a nurse staffing agency whose District of Columbia operations headquarters is located outside of the District of Columbia, the Department may require that the agency's responsible party, owner or president, and/or other authorized representative, present himself or herself in person at the Department to submit the agency's application and/or to verify required information at the request of Department officials.

 

4906.3In the case of a nurse staffing agency whose District of Columbia operations headquarters is located outside of the Washington Metropolitan Statistical Area, and of which the Department determines that an on-site inspection is required in order to assess the agency's compliance with the Act and these rules, the Department may impose a fee for the inspection, not to exceed the Department's actual costs in performing the inspection.

 

4906.4Each nurse staffing agency or applicant for licensure as a nurse staffing agency must permit authorized officials of the Department, upon presentation of identification, to enter all premises of the agency, regardless of whether the officials' visit is previously announced or unannounced, and must permit these officials to conduct unimpeded inspection, as the officials deem is needed, to:

 

(a)Determine whether a licensee is in compliance or noncompliance with the Act and these rules; or

 

(b)Verify information submitted by an applicant to determine whether the applicant qualifies for licensure.

 

4906.5Each nurse staffing agency must permit authorized officials of the Department, upon presentation of identification or upon presentation of an official letter of request, to have unimpeded access to all records relating to the District of Columbia operations of the agency, including client records, employee and staff records, policies and procedures, contracts, and any other information deemed necessary by the Department to determine compliance with the Act and these rules.

 

4906.6Failure to permit entry and/or inspection as described in subsection 4906.4, or failure to permit access to records as described in subsection 4906.5, shall be cause for refusal to issue, refusal to renew, revocation, or suspension of the agency's license.

 

4906.7Authorized officials of the Department, upon presentation of identification, shall have the right to enter and inspect all premises of an entity which the Department has reason to believe is operating as a nurse staffing agency without being licensed as required by the Act and these rules, provided that they obtain:

 

(a)The permission of the owner or operator; or

 

(b)An Order of the Superior Court of the District of Columbia

 

4906.8The Department may refer, for appropriate legal action, any case involving an unlicensed entity that the Department has reason to believe is operating as a nurse staffing agency in violation of the Act or of these rules.

 

source

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