Title 7, Human Health Care and Safety.

(a) Except for violations of § 7-1205.05(a), any person who negligently violates the provisions of this chapter shall be liable in an amount equal to the damages sustained by the client plus the costs of the action and reasonable attorney’s fees. (b) Except for violations of § 7-…

(a) Except for violations of subchapter V of this chapter, any person who willfully violates the provisions of this chapter shall be guilty of a misdemeanor and such violator shall be fined not more than $1,000 or imprisoned for not more than 60 days, or both. (b) Any person who …

Any civil liability or criminal penalty imposed for violation of this chapter is, in addition to and not in lieu of, any civil or administrative remedy, penalty or sanction otherwise authorized by law. This chapter and the penalties prescribed for violations of this chapter shall…

Nothing in this chapter shall be construed as limiting or interfering with District of Columbia, state or federal regulation and monitoring of the handling and dispensing of prescription drugs.

Nothing in this chapter shall be construed to apply to the operations of the Commission on Mental Health.

Any consent or agreement purporting to waive the provisions of this chapter is hereby declared to be against public policy and void.

Nothing in this chapter shall be construed or applied to necessarily require or excuse noncompliance with any provision of any federal law.

The provisions of this chapter shall take effect pursuant to § 1-206.02(c)(1) and shall govern all mental health information regardless of when such information came into existence. However, the provisions of this chapter which create liabilities shall only apply to acts or failu…

This chapter may be cited as the “Mental Health Consumers’ Rights Protection Act of 2001”.

For the purposes of this chapter, the term: (1) “Abuse” means any knowing, reckless, or intentional act or omission by a provider that causes or is likely to cause or contribute to, or which caused or is likely to have caused or contributed to, injury, death, or financial exploit…

Nothing in this chapter is intended to abridge the rights of persons committed to the care of the Department by order of the court in a criminal proceeding.

(a) The Department and other providers shall, at all times, treat consumers with consideration and respect for the consumer’s dignity, autonomy, and privacy. Respectful treatment shall also be extended to the consumer’s family members, personal representative, attorney-in-fact, a…

(a) Consumers shall have the right to meaningful participation in the development of their service plans, as well as the opportunity to participate in planning for their transition from one provider to another. Such service planning shall include the right to be informed about on…

(a) All consumers may execute a durable power of attorney for health care in accordance with Chapter 22 of Title 21. The durable power of attorney for health care may include a statement of the consumer’s mental health treatment preferences, which shall be honored by his or her a…

(a) Except in accordance with the procedure described in subsection (c)(3) of this section or as otherwise provided by law, no mental health services or mental health supports shall be provided absent a consumer’s informed consent. In seeking a consumer’s informed consent, the De…

(a) Except as provided in this section, no consumer shall be administered medication for the purpose of mental health treatment without his or her informed consent. In seeking a consumer’s informed consent, the Department or other provider shall present the consumer with informat…

(a) Consumers have the right to be free from seclusion and restraint of any form that is not medically necessary or that is used as a means of coercion, discipline, convenience, or retaliation by staff. (b) Seclusion or restraint may only be used by: (1) Hospitals when administer…

(a) Consumers shall be informed of their right to access their mental health information records and may request correction of inaccurate information contained in the records in accordance with Chapter 12 of this title. (b) Information and records about a consumer’s mental health…

Consumers shall have an opportunity to participate in periodic evaluation of mental health services and mental health supports, including evaluation of providers. The opportunity shall extend to members of the consumer’s family or personal representative.

(a) The Department shall, in accordance with Chapter 5 of Title 2, promulgate rules that: (1) Require providers to adopt a policy and procedure regarding the timely review and resolution of grievances brought to the provider by its consumers. All grievances resolved in this manne…

Consumers shall be presumed legally competent and retain all civil rights, unless otherwise limited by order of the court. As used in this section, the term “civil rights” shall include, but not be limited to, the rights to: (1) Contract; (2) Hold a professional, occupational, or…

(a) Except for those minors hospitalized pursuant to the emergency provisions in subchapter III of Chapter 5 of Title 21, or pursuant to an order of commitment under § 21-545 or § 16-2315, § 16-2320, or § 16-1321 [§ 16-2321], no minor may be admitted for inpatient mental health s…

(a) A provider shall not engage in sexual orientation change efforts with a consumer who is a minor, or a consumer, regardless of age, for whom a conservator or guardian has been appointed. (b) A violation of subsection (a) of this section shall be considered a failure to conform…

Rights and protections provided in this chapter shall not be construed to create new causes of action for monetary damages beyond those that currently exist in federal and local law.

(a) For the purposes of this chapter, the term: (1) "Certified midwife" shall have the same meaning as provided in § 3-1201.01(1B-i). (2) "Certified nurse-midwife" shall have the same meaning as provided in § 3-1201.01(1C). (3) "Certified professional midwife" shall have the same…

(a) There is established a Perinatal Mental Health Task Force to provide comprehensive policy recommendations for the improvement of perinatal mental health in the District. The Task Force shall study and make recommendations regarding: (1) Vulnerable populations and risk factors…

(a) It is the intent of the Council of the District of Columbia to: (1) Assure that residents of the District of Columbia with intellectual or developmental disabilities shall have all the civil and legal rights enjoyed by all other citizens of the District of Columbia and the Un…

As used in this chapter: (1) Repealed. (1A) "Adult" means a person who is at least 18 years of age. (1B) “Advanced practice registered nurse” includes a nurse-practitioner or clinical nurse specialist, licensed pursuant to § 3-1202.04 and Chapter 59 or Chapter 60 of Title 17 of t…

(a) Repealed. (b) The Court may commit a person pursuant to § 7-1304.06a irrespective of the person's competence to refuse such commitment.

(a) Repealed. (a-1)(1) Except as provided in subsection (b-1) of this section, no person shall be newly committed under this chapter on or after May 5, 2018. (2) For a person committed by written petition of a parent or guardian before May 5, 2018, the continued commitment of the…

(a) The Department on Disability Services may recommend to the Court that an individual committed to the facility be transferred to another facility if the Department on Disability Services determines that it would be beneficial and consistent with the habilitation needs of the i…

Except as provided in § 7-1303.12a, no person with an intellectual disability shall be committed under this chapter prior to the Court hearing required under this subchapter.

(a) In the case of a person found incompetent in a criminal case, the District shall have no more than 30 days from the date on which the finding is made that the person is incompetent and not likely to gain competence in the foreseeable future in which to file a petition pursuan…

A determination by the Court under this subchapter that a person 14 years of age or older is incompetent to refuse commitment shall not be relevant to a determination of the person's competency with respect to other matters not considered by the Court.

Proceedings for the commitment of a person found incompetent in a criminal case shall be commenced by the filing of a written petition by the District with the Court in a manner and form prescribed by the Court. A copy of the petition shall be served on the person, the person's c…

Persons who have been committed, or whose commitment is sought pursuant to § 7-1303.04(b-1), have the right to be represented by counsel, retained or appointed by the Court, in any proceeding held before the Court in accordance with this chapter, and they shall be informed by the…

(a) If a petition filed in accordance with § 7-1304.01 is not accompanied by a comprehensive evaluation report based on an evaluation which has been performed within 6 months prior to the hearing and an individual habilitation plan which has been prepared within 30 days of the fi…

(a) Repealed. (b) A status hearing shall be held promptly after filing of the petition pursuant to § 7-1303.04(b-1).

Except as provided in § 7-1304.06a, hearings shall be conducted in as informal a manner as may be consistent with orderly procedure. Persons who have been committed, or whose commitment is sought pursuant to § 7-1303.04(b-1), have the right to be present during hearings and to te…

(a) For a commitment hearing on a petition filed pursuant to § 7-1303.04(b-1), a person found incompetent in a criminal case may demand a jury trial, and shall be so informed of this right. The demand shall be made at the status hearing held pursuant to § 7-1304.05(b). If a timel…

(a) Repealed. (b) If the petition was filed pursuant to § 7-1303.04(b-1), the District shall present clear and convincing evidence that shows that the person whose commitment is sought is likely to cause injury to others as a result of an intellectual disability if allowed to rem…

Hearings shall be closed to the public unless the person with an intellectual disability, or his or her counsel, requests that a hearing be open to the public.

Any commitment order of the Court may be appealed in a like manner as other civil actions.

(a)(1) Any decision of the Court ordering commitment of a person with an intellectual disability, other than a decision of the Court ordering commitment of a person found incompetent in a criminal case to DDS pursuant to § 7-1304.06a, that was issued before May 5, 2018, shall be …

Costs and expenses of all proceedings held under this chapter shall be paid as follows: (1) To expert witnesses designated by the Court, an amount determined by the Court; (2) To attorneys appointed under this chapter, fees as authorized under the Criminal Justice Act (§ 11-2601 …

(a) Persons with an intellectual disability who have been committed, and persons whose commitment is sought under § 7-1303.04(b-1), shall have the assistance of an advocate for a person with an intellectual disability in every proceeding and at each stage in such proceedings unde…