Section 29-2330. SERVICES AND SUPPORTS -- UNUSUAL INCIDENTS, AND INVESTIGATIONS

 

2330.1 A substance abuse treatment facility or program shall develop and implement written policies and practices related to individual abuse, neglect, and unusual incidents to insure prompt reporting and a prompt, impartial investigation and review.

 

2330.2 A substance abuse facility or program shall provide written notice to the Department of any unusual incident which results in physical injury or death, within twenty-four (24) hours of the incident or within twenty-four (24) hours of the program director becoming aware of the incident.

 

2330.3 Suspicious or unusual incidents include, but are not limited to, the following apparent or alleged incidents involving patients, staff and/or visitors, occurring on or off site during program operating hours and/or while the staff person was on official duty and the patient was participating in a supervised aspect of the program:

 

(a) Unexplained or suspicious physical injury or any death of a patient, visitor or staff;

 

(b) Apparent or alleged physical abuse or neglect, which results in physical injury or would have resulted in injury or death; or

 

(c) Apparent or alleged sexual assault or abuse.

 

2330.4 A substance abuse treatment facility or program shall maintain in a secure file, copies of all complaints, unusual incident reports, investigation findings, and actions taken, with a separate file for those that may be of a criminal nature. These records shall be readily available for review by the Department.

 

2330.5 An apparent or alleged incident of abuse or neglect involving a minor under the age of eighteen (18), including reporting of abuse or neglect of minors by parents, guardians or others, shall be immediately reported to the District of Columbia Metropolitan Police Department and to the Child Protective Services Division of the Department of Human Services.

 

2330.6 A substance abuse treatment facility or program shall immediately notify the parent or legal guardian of any incident involving a minor under the age of eighteen (18). If the parent or legal guardian is suspected of being the alleged perpetrator, the facility shall exercise clinical judgment when informing the parent or guardian that the provider initiated the report in accordance with the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22, D.C. Code, 2001 Ed. §4-1321.01 et seq.).

 

2330.7 The procedures of a substance abuse treatment facility or program shall specify the methods of investigation and review of unusual incidents, including identification of staff responsible for conducting the investigation. The policies, procedures and practices shall include, but are not limited to the following:

 

(a) A written submission to the Department of all incidents under investigation involving abuse, sexual assault, neglect, injury, death, or any other incident alleged to be of a criminal nature or that threatens the health and safety of patients and/or staff;

 

(b) A provision that if the safety of an individual is threatened as, determined by the facility’s or program’s director, the alleged perpetrator shall not work directly with patients until the investigation is completed;

 

(c) A requirement that an investigation conducted by a substance abuse treatment facility or program shall be initiated within twenty-four (24) hours of reporting of the incident and shall be completed within ten (10) calendar days;

 

(d) A provision that the Department may grant an additional ten (10) day extension to a facility or program upon receiving a written request for an extension of time within which to complete an investigation;

 

(e) A provision that within twenty-four (24) hours of receiving a request for any extension, the Department shall either concur with the extension or request that the investigation be completed within a shorter timeframe.

 

2330.8 The facility or program shall submit written findings of the investigation to the Department within twenty-four (24) hours of completing the investigation.

 

2330.9 The facility or program shall review the investigation findings and take appropriate action, including steps to reduce the likelihood of further recurrences of such incidents.

 

2330.10 The facility or program shall cooperate with the Department in the completion of investigations conducted by Department staff.

 

 

source

Final Rulemaking published at 47 DCR 9341 (November 24, 2000), adopting Emergency and Proposed Rulemaking published at 47 DCR 7708, 7746 (September 22, 2000).