District of Columbia Administrative Code

3821 RESIDENT RECORDS 3821.1 Each MHCRF shall maintain a permanent record on each resident, which shall be retained for at least five (5) years after the resident's discharge or death. 3821.2 Each resident's record shall be current with each entry dated and signed with the full n…

3822 CONFIDENTIALITY OF RECORDS 3822.1 Each resident's record and any record of the MHCRF that has information identifying residents shall be confidential except as provided in §3823.2. 3822.2 Disclosure and redisclosure of information pertaining to a resident's mental health and…

3823 MEDICATION 3823.1 Prior to the admission of each resident, the Residence Director shall obtain a record of each medication that the resident is currently taking, including identification of each prescribed controlled substance and a list of each known allergy. 3823.2 Subsect…

3824 INSURANCE 3824.1 Each MHCRF shall carry insurance for at least the following: (a) Hazards (fire and extended coverage), in the amount of five hundred dollars ($500) per resident to protect belongings with a minimum of two thousand dollars ($2,000) of coverage per facility; (…

3825 PROGRAM STATEMENTS 3825.1 Each MHCRF shall have a written program statement to be provided to the DCRA and CMHS which shall include, a description of: (a) The program and facilities; (b) The staffing patterns; (c) The consultant services, if any; (d) The fees and charges; (e…

3826 DISTRICT CERTIFICATION OF COMMUNITY RESIDENTIAL PLACEMENTS 3826.1 The Director, DHS or his designee shall certify persons for placement in a MHCRF in conjunction with the resident and the resident's treatment team. 3826.2 The CMHS designated case manager shall monitor each r…

3827 GENERAL ELIGIBILITY AND ADMISSION REQUIREMENTS 3827.1 A MHCRF shall admit and retain only those persons for whom it can care for safely and adequately and who require the care and supervision that the facility provides. 3827.2 A person may not be disqualified from placement …

3828 INDIVIDUAL TREATMENT PLAN (ITP) 3828.1 Each MHCRF shall participate in the development and review of an Individual Treatment Plan (ITP) with the CMHS designated case manager and shall maintain a copy of the ITP in the resident's record. The MHCRF shall describe in writing, t…

3829 RESIDENT STATUS POLICIES 3829.1 The Residence Director shall orally notify CMHS and the resident's legal guardian, if any, within twenty-four hours (24 hrs.) of any serious illness, accident, or unusual incident involving the resident, and shall document the incident in the …

3830 TRANSFER, DISCHARGE AND RELOCATION POLICIES 3830.1 The Residence Director shall promptly notify the CMHS and physician when the resident's physical or mental condition changes such that the resident needs a service which may require relocating the resident. 3830.2 Except as …

3831 RESTRAINTS 3831.1 No restraints as defined in §3899 shall be used in a MHCRF. 3831.2 No resident shall be confined in a locked room nor shall he or she be locked in or out of the facility or bedroom at any time. SOURCE: Final Rulemaking published at 42 DCR 569, 598 (January …

3832 REHABILITATION 3832.1 Each resident's rehabilitative services shall be provided in accordance with a written ITP and shall be developed with the goal of assisting the resident to achieve and maintain the highest level of self-care, self-esteem, and independence. 3832.2 Each …

3833 SERVICE COORDINATION, CASE MANAGEMENT AND SUPPORT SERVICES 3833.1 Each Residence Director shall assist each resident who is eligible for CMHS services with obtaining case management and support services and shall document such assistance in the resident's files. 3833.2 Each …

3834 RESIDENT ACTIVITIES 3834.1 Each MHCRF shall provide or arrange for suitable activities sufficient to stimulate and promote the well-being of each resident, to encourage independence and maintenance of normal activities and to maintain and promote an optimal level of function…

3835 SUPPORTED RESIDENCE 3835.1 A Supported Residence shall be a homelike setting where residential care is provided for eight (8) or fewer individuals who require twenty-four hour (24 hr.) staff supervision and assistance. 3835.2 The maximum number of residents that shall be loc…

3836 SUPPORTED REHABILITATIVE RESIDENCE 3836.1 A Supported Rehabilitative Residence shall be a homelike setting where residential and rehabilitative services are provided in an apartment or house for eight (8) or fewer residents who require twenty-four hour (24 hr.) staff supervi…

3837 INTENSIVE RESIDENCE 3837.1 An Intensive Residence shall be a supportive program that provides twenty-four hour (24 hr.) supervision. The maximum number of residents that shall be served in a facility is eight (8), excluding staff, unless this requirement is waived by the DCR…

3838 TRANSITIONAL RESIDENTIAL BEDS 3838.1 A Transitional Residential bed shall be a service specifically provided for persons with a principal diagnosis of mental illness and who are homeless. Transitional Residential beds may be located in facilities such as a Supported Residenc…

3899 DEFINITIONS 3899.1 For purposes of this chapter, the following terms shall have the meanings described: Activities of daily living - (a) Ambulating and transferring; (b) Bathing, dressing, and grooming; (c) Toileting; and (d) Eating. Active substance abuse - the overuse of a…

3900 GENERAL PROVISIONS 3900.1 These rules are implemented pursuant to and in accordance with the Health Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983 (hereinafter "the Act"), effective February 24, 1984, D.C. Law 5-48, D.C. Official Code §§ 4…

3901 INSURANCE 3901.1 Each home care agency shall maintain the following minimum amounts of insurance coverage: (a) Blanket malpractice insurance for all professional employees in the amount of at least one million dollars ($1,000,000) per incident. (b) General liability insuranc…

3902 LICENSE FEES 3902.1 License fees for home care agencies shall be based upon an annual census of admissions of patients served in the District of Columbia. The fees shall be as follows: (a) Initial Application $ 600 (b) 1 - 150 Patients Annual Fee $ 400 Late Fee $ 100 (c) 151…

3903 GOVERNING BODY 3903.1 Each home care agency shall have a governing body that shall be responsible for the operation of the home care agency. 3903.2 The governing body shall do the following: (a) Establish and adopt by-laws and policies governing the operation of the home car…

3904 DIRECTOR 3904.1 The governing body shall appoint a Director who shall be responsible for managing and directing the agency's operations, serving as liaison between the governing body and staff, employing qualified personnel, and ensuring that staff members are adequately and…

3905 POLICIES AND PROCEDURES 3905.1 Each home care agency shall have written operational policies and procedures that address the day-to-day operations of the agency. These policies and procedures shall be approved by the governing body and shall be available for review by approp…

3906 CONTRACTOR AGREEMENTS 3906.1 If a home care agency offers a service that is provided by a third party or contractor, agreements between the home care agency and the contractor for the provision of home care services shall be in writing and shall include, at a minimum, the fo…

3907 PERSONNEL 3907.1 Each home care agency shall have written personnel policies that shall be available to each staff member and shall include the following: (a) The terms and conditions of employment, including but not limited to wage scales, hours of work, personal and medica…

3908 ADMISSIONS 3908.1 Each home care agency shall have written policies on admissions, which shall include, at a minimum, the following: (a) Admission criteria and procedures; (b) A description of the services provided; (c) The amount charged for each service; (d) Policies gover…

3909 DISCHARGES, TRANSFERS AND REFERRALS 3909.1 Each home care agency shall have written policies that describe transfer, discharge, and referral criteria and procedures. 3909.2 Each patient shall receive written notice of discharge or referral no less than seven (7) calendar day…

3910 RECORDS RETENTION AND DISPOSAL 3910.1 Each home care agency shall maintain a clinical record system that shall include the following: (a) Written policies that provide for the protection, confidentiality, retention, storage, and maintenance of clinical records; and (b) Writt…

3911 CLINICAL RECORDS 3911.1 Each home care agency shall establish and maintain a complete, accurate, and permanent clinical record of the services provided to each patient in accordance with this section and accepted professional standards and practices. 3911.2 Each clinical rec…

3912 PATIENT RIGHTS AND RESPONSIBILITIES 3912.1 Each home care agency shall develop a written statement of patient rights and responsibilities that shall be given, upon admission, to each patient who receives home care services. 3912.2 Each home care agency shall develop policies…

3913 COMPLAINT PROCESS 3913.1 Each home care agency shall develop and implement policies and procedures for an internal complaint process that shall allow the patient or his or her representative to present a complaint to agency staff, contract personnel, or the home care Directo…

3914 PATIENT PLAN OF CARE 3914.1 Each home care agency shall develop, with the participation of each patient or his or her representative, a written plan of care for that patient. 3914.2 The plan of care shall be approved by the patient's physician. 3914.3 The plan of care shall …

3915 HOME HEALTH AND PERSONAL CARE AIDE SERVICES 3915.1 A home care agency may offer home health or personal care aide services and shall employ or contract with qualified home health or personal care aides to perform those services. 3915.2 A home health aide or personal care aid…

3916 SKILLED SERVICES GENERALLY 3916.1 Each home care agency shall review and evaluate the skilled services provided to each patient at least every sixty-two (62) calendar days. A summary report of the evaluation shall be sent to the patient's physician. 3916.2 Each home care age…

3917 SKILLED NURSING SERVICES 3917.1 Skilled nursing services shall be provided by a registered nurse, or by a licensed practical nurse under the supervision of a registered nurse, and in accordance with the patient's plan of care. 3917.2 Duties of the nurse shall include, at a m…

3918 PSYCHIATRIC NURSING SERVICES 3918.1 If psychiatric nursing services are provided, they shall be provided in accordance with the patient's plan of care. 3918.2 Psychiatric nursing services shall be provided by a registered nurse with: (a) A master's degree in psychiatric or m…

3919 MONITORING SERVICES 3919.1 If monitoring services are provided, they shall be provided in accordance with the patient's plan of care. 3919.2 Monitoring services shall be provided by the following persons: (a) A registered nurse certified to perform cardiopulmonary resuscitat…

3920 INTRAVENOUS THERAPY SERVICES 3920.1 If intravenous therapy services are provided, they shall be provided in accordance with the patient's plan of care and administered by a registered nurse or licensed practical nurse who shall have training or experience in intravenous ther…

3921 NUTRITIONAL SUPPORT SERVICES 3921.1 If a home care agency provides nutritional support services, it shall provide and monitor those services in accordance with the patient's plan of care. 3921.2 Nutritional support services shall be provided by or under the supervision of a …

3922 OCCUPATIONAL THERAPY SERVICES 3922.1 If a home care agency provides occupational therapy services, it shall provide those services in accordance with the patient's plan of care. 3922.2 Occupational therapy services shall be provided by order of a physician by a licensed occu…

3923 PHYSICAL THERAPY SERVICES 3923.1 If physical therapy services are provided, they shall be provided in accordance with the patient's plan of care. 3923.2 Physical therapy services shall be provided by a licensed physical therapist. 3923.3 The licensed physical therapist shall…

3924 RESTRICTIONS ON SERVICE TO PATIENTS REQUIRING SPECIAL CARE 3924.1 A home care agency shall accept a ventilator-dependent patient only if: (a) The patient is ventilator stabilized; (b) A successful home equipment trial has been conducted; and (c) The agency has developed a pl…

3925 SPEECH LANGUAGE PATHOLOGY SERVICES 3925.1 If speech language pathology services are provided, they shall be delivered in accordance with the patient's plan of care. 3925.2 Speech language pathology services shall be provided by order of a physician by a certified speech lang…

3926 SOCIAL SERVICES 3926.1 If social services are provided, they shall be provided in accordance with the patient's plan of care and in consultation with the patient. 3926.2 Social services shall be provided by order of a physician by a licensed independent clinical social worke…

3999 DEFINITIONS 3999.1 For the purpose of this Chapter, the following terms shall have the meanings ascribed below: Activity record - documentation of home health aide and personal care aide services as recorded by home health and personal care aides. Advanced practice registere…

400 GENERAL PROVISIONS 400.1 This chapter sets forth the procedures governing the licensure, registration and operation of drug manufacturers, distributors or wholesalers. 400.2 The rules in this chapter shall not apply to the distribution and sale of blood and blood products. 40…

401 APPLICATION FOR IN-STATE LICENSURE 401.1 No person, with the exception of an out-of-state drug manufacturer, distributor, or wholesaler, duly registered under §§ 404 and 405, may engage in the manufacture, distribution, or wholesale of any drug until the application for licen…

402 RENEWAL OF LICENSE 402.1 The Director shall mail a renewal notice to a licensee by first class mail to the licensee’s last known address on file with the Director at least forty-five (45) calendar days prior to the expiration of the license. The notice shall specify the expir…