Title 7 — Human Health Care and Safety.

(a) No employee, designee, or representative of the program shall be held liable for the good faith performance of responsibilities under this chapter, except that no immunity shall extend to criminal acts. (b) Repealed. (c) No communication made by the ombudsman or his or her de…

(a) The operator of a long-term care facility shall permit the ombudsman or his or her designee access to the facility to: (1) Visit, talk with, or make personal, social, or legal services available to all residents, or investigate complaints; (2) Inform residents of their rights…

(a) Each District agency shall provide cooperation, assistance, data, and the access to records necessary to enable the ombudsman to perform his or her duties under this chapter and other applicable federal and District law. This section shall not be construed to supercede the la…

The Ombudsman may communicate and visit with a resident who receives home care services; provided, that the Ombudsman obtains permission from the resident or a representative of the resident to enter the resident’s home.

(a) Civil fines, penalties, or related costs may be imposed against any long-term care facility, owner, executive officer, administrator, employee, or agent, for the violation of any provision of this chapter or any rule issued pursuant to this chapter. (b) Procedures for adjudic…

A resident, a representative of a resident, the ombudsman, or the Attorney General may bring an action in court for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a long-term care facility from violating a provision of subchapter II or II…

(a) A resident, a representative of a resident, or the ombudsman, on behalf of a resident, may bring an action in court to recover actual and punitive damages for an injury that results from a violation of subchapter II or III of this chapter, or any rule issued by the Mayor purs…

The court shall award costs and reasonable attorney’s fees to a resident who prevails in an action brought under § 7-705.01 or § 7-705.02.

Within 90 days of March 16, 1989, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this subchapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sunda…

(a) Notwithstanding the licensing powers and responsibilities given to other District of Columbia agencies and officials in subchapters I-A and I-B of Chapter 28 of Title 47 of the District of Columbia Code, the Department of Health, as established by Reorganization Plan No. 4 of…

Repealed Repealed.

(a) There is established as a nonlapsing, revolving fund in the Department of Health the Health Occupations Regulation Fund (“Fund”), to be administered by the Mayor as an agency fund as defined in § 47-373(2)(I), to which all licensing fees, civil fines, and interest relating to…

(a) Beginning with fiscal year 2007, the Mayor shall ensure that all fees and fines received from enforcement and regulation of the activities described in § 7-731 shall be deposited in the Regulatory Enforcement Fund as required by § 7-731(c). (b) Beginning with fiscal year 2007…

(a)(1) There is established, as a nonlapsing fund in the Department of Health, the Board of Pharmacy Fund (“Fund”), to be administered by the Mayor as an agency fund, as defined in § 47-373(2)(I), into which all licensing fees, civil fines, and interest earned relating to the pra…

The Mayor is authorized to establish a schedule of fees for forms and for performing laboratory analysis of biological and environmental samples obtained from humans, animals, or various environmental media for the purpose of identifying environmental contaminants and performing …

Repealed Repealed.

Repealed Repealed.

(a) For fiscal year 2010, the Director of the Department of Health shall have the authority to issue grants to qualified community organizations for the purposes of conducting health promotion, preventing disease, and providing health services; provided, that any grant in excess …

(a) There is established as a special fund the Communicable and Chronic Disease Prevention and Treatment Fund (“Fund”), to be administered by the Department of Health in accordance with subsection (c) of this section. (b) The Fund shall consist of revenue from the following sourc…

(a) The Director of the Department of Health may establish a schedule of fees for the prevention and treatment of communicable diseases, including HIV/AIDS, hepatitis, sexually transmitted diseases, and tuberculosis to be provided to any individual who presents for prevention or …

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.

(a) For the purposes of this subchapter, the term: (1) “Enclosed area” means all the space between a floor and ceiling that is enclosed on all sides by solid walls or windows or doors, exclusive of doorways, that extend from the floor to the ceiling. (2) “Place of employment” mea…

The Department of Health is authorized to conduct inspections of all places of employment and public places to ensure that the activity of smoking in such places, which is hereby prohibited, is not taking place, except that: (1) Between April 4, 2006, and January 1, 2007, the smo…

(a) The following places shall be exempt from the provisions of this subchapter: (1) A retail store that is used primarily for the sale of tobacco products and accessories in which the total annual revenue generated by the sale of non-tobacco products or accessories is no greater…

An employer or person who willfully violates the requirements of this chapter by: (1) Smoking in a prohibited area shall be subject to a fine of not less than $100 or more than $1,000; subsequent offenses shall be subject to a fine of not less than $200 or more than $1,000; (2) O…

(a) The Mayor may grant an economic hardship waiver from the requirements of this subchapter; provided, that prior to the granting of a waiver, the applicant establishes, to the satisfaction of the Mayor, that compliance with the requirements of this subchapter has caused or will…

(a) Places of employment and enclosed public places that permit smoking pursuant to this chapter shall not require employees to work in smoking areas provided that an employee requests to work solely in non-smoking areas. (1) An employee who is aggrieved by a violation of this su…

The Mayor is authorized to promulgate rules necessary to implement this chapter. Any proposed regulations issued pursuant to this chapter shall be submitted to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If …

(a) For the purposes of this subchapter, the term: (1) “CFBR” means the Cottage Food Business Registry within the Department of Health. (2) “Cottage food business” means a business that: (A) Produces or packages cottage food products in a residential kitchen; (B) Sells the cottag…

(a) This section shall not: (1) Apply to a food establishment that is required to have a license under Department regulations; or (2) Exempt a cottage food business from any applicable District or federal tax laws. (b)(1) A cottage food business shall register with the Cottage Fo…

(a) The Department of Health shall oversee the Health Occupation Advisory Committees established under this subchapter. (b) All appointments to the Health Occupation Advisory Committees shall be made by the Director of the Department of Health. (c) The Department of Health shall …

(a) There is established an Advisory Committee on Acupuncture to consist of 5 members as follows: (1) The Director of the Department of Health, or his or her designee; (2) Three non-physician acupuncturists licensed in the District; (3) A consumer member. (b) Of the appointees to…

(a) There is established an Advisory Committee on Anesthesiologist Assistants to consist of 3 members as follows: (1) The Director of the Department of Health, or his or her designee; (2) An anesthesiologist licensed in the District with experience working with anesthesiologist a…

(a) There is established an Advisory Committee on Naturopathic Medicine to consist of 3 members as follows: (1) The Director of the Department of Health, or his or her designee; (2) A licensed physician with experience in naturopathic medicine or in working with naturopathic phys…

(a) There is established an Advisory Committee on Physician Assistants to consist of 3 members as follows: (1) The Director of the Department of Health, or his or her designee; (2) A physician or osteopath licensed in the District with experience working with physician assistants…

(a) There is established an Advisory Committee on Polysomnography to consist of 3 members as follows: (1) The Director of the Department of Health, or his or her designee; and (2) Two polysomnographic technologists licensed in the District. (b) Of the appointees to the Advisory C…

(a) There is established an Advisory Committee on Surgical Assistants to consist of 5 members as follows: (1) The Director of the Department of Health, or his or her designee; (2) A surgeon licensed in the District with experience working with surgical assistants; and (3) Three s…

For the purposes of this chapter, the term: (a)(1) “Commercial loans” means loans made by banks, credit unions, savings and loan associations, insurance companies, schools, and either financial or credit institutions that are subject to examination and supervision in their capaci…

(a) There is hereby established the District of Columbia Health Professional Recruitment Program (“Program”) to serve as a recruitment tool for health professionals within the District of Columbia. (b) Based on the availability of funds, the Program will pay for the cost of educa…

(a) The Department of Health shall administer the Program and shall: (1) Establish an application process; (2) Certify a list of acceptable service obligation sites on an annual basis and make the list publically available; (3) Conduct regular surveys to ensure participant compli…

Individuals eligible for the Program must: (a) Be a citizen or permanent resident of the United States; (b) Be a physician, dentist, or other health professional as defined in § 7-751.01; (c) Be licensed or eligible to practice in the District of Columbia; (d) Submit a completed …

(a) Any applicant to the Program shall agree to execute a release to allow the Department access to loan records, credit information, and information from lenders necessary to verify eligibility and to determine loan repayments. The applicant is required to submit all requested l…

(a) Applicants shall be competitively reviewed and selected for participation in the Program based upon the following criteria: (1) Professional qualifications and relevant experience, including board eligibility or certification in his or her specialty, professional achievements…

(a) As a condition of participation in the Program, selected applicants shall enter into a contract with the Director and a representative of the service obligation site agreeing to the following terms and conditions: (1) Participants shall provide a minimum of 2 years with a max…

(a) Physicians and dentists shall be eligible to have 100% of their total debt, not to exceed $120,000, repaid by the Program over 4 years of service. For each year of participation, the Program will repay loan amounts according to the following schedule: (1) For the 1st year of …

(a) The Department of Health shall disburse loan repayment funds to a participant in a 2-year lump sum payment for each contract entered into pursuant to § 7-751.07 within 90 days of the start of the performance under the contract. (b) For each year of participation beyond the or…

Each participant is responsible for negotiating his or her own compensation package directly with the service obligation site.

(a) Repealed. (b) For purposes of the District of Columbia Office of Tax and Revenue, all loan repayment awards shall not be considered income and are therefore not taxable.

(a) Participants are required to submit service verification forms to the Department of Health at the conclusion of each 6-month period of participation in the Program. Service verification forms shall contain the following: (1) A statement attesting to continuous full-time servi…

(a) The following shall constitute a breach of contract: (1) The failure to begin or complete the required period of service obligation as set forth in the Program contract; (2) The falsification or misrepresentation of information on the Program application, service verification…