Title 7 — Human Health Care and Safety.

(a)(1) In addition to, or in lieu of, any other civil or criminal remedy provided by law, upon a determination that any person has violated § 7-1803.03(c) or any regulation adopted pursuant to this part, the Mayor may revoke or suspend the license of the Wholesaler in the manner …

(a) A determination of the Mayor to not include or to remove from the Directory a Brand Family or Tobacco Product Manufacturer shall be subject to review in the manner prescribed by subchapter I of Chapter 5 of Title 2. (b) No person shall be issued a license or granted a renewal…

(a)(1) There is established a trust fund designated as the Tobacco Settlement Trust Fund (“Fund”), to which shall be credited, without regard to fiscal year limitation: (A) All revenue owed and accruing to the District from the payments under the tobacco litigation settlement agr…

Repealed Repealed.

(a)(1) Beginning in Fiscal Year 2001, the funds which shall be appropriated and deposited in the Fund shall be allocated and used as provided in subsection (b) of this section. (2) Within 15 business days of the sale of the District’s right in and to the Master Settlement Agreeme…

For the purposes of this subchapter, the term: (1) “Bonds” means the taxable or tax-exempt revenue bonds, notes, or other obligations (including refunding bonds, notes, and other obligations), which may be issued on a senior or subordinate basis and would include any instrument e…

(a) For the purpose of financing the costs of the National Capital Medical Center, healthcare related issues, or other capital projects, and the repayment of outstanding indebtedness issued for certain capital projects and other undertakings of the District, the District may sell…

(a) The District of Columbia Tobacco Settlement Financing Corporation is established as a special purpose, independent instrumentality of the District government. The Corporation shall be a corporate body, intended, created, and empowered to effectuate the purposes stated in this…

(a) The transfer of the District’s right, title, and interest in and to the Master Settlement Agreement to the Corporation or any assignee which the parties have in the governing documentation expressly stated to be a sale or other absolute transfer shall be treated as an absolut…

If a provision of this subchapter or its application to a person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this subchapter which can be given effect without the invalid provisions or application.

This subchapter shall expire on September 30, 2001, if the Bonds (other than the Residual Bond) are not sold and issued. In the event of such expiration, all the assets of the Corporation shall vest in the District.

When used in this chapter, the following terms shall have the meanings ascribed by this section: (1)(A) “Abuse” means: (i) The intentional or reckless infliction of serious physical pain or injury; (ii) The use or threatened use of violence to force participation in “sexual condu…

Repealed Repealed.

(a)(1) Except as provided in subsection (b) of this section, whenever a conservator, court-appointed mental retardation advocate, guardian, health-care administrator, licensed health professional, police officer, humane officer of any agency charged with the enforcement of animal…

(a)(1) In accordance with this section and the rules to be issued by the Mayor pursuant to § 7-1909, the Department shall, except as provided in paragraph (2) of this subsection, either investigate each report received or refer a report for investigation to another public or priv…

(a)(1) The Department shall ensure that protective services are promptly provided if: (A) After an APS worker conducts an investigation under § 7-1904, the Department determines that an adult is in need of protective services due to abuse, neglect, or exploitation by a third part…

(a) If requested by the Department, either on its own behalf or on behalf of another public or private agency designated by the Mayor, the Attorney General shall promptly conduct a factual inquiry and, if legally supportable, file a petition in court for a provisional protection …

(a) If a petition filed in accordance with § 7-1906(a) is supported by affidavit and alleges the existence of an immediate, substantial risk of life-threatening harm to an adult who the Department has determined is in need of protective services, the court may, upon a finding of …

Any person who reports an alleged case of abuse, neglect, self-neglect, or exploitation pursuant to § 7-1903 shall be immune from civil or criminal liability for so reporting if he, she, or it has acted in good faith.

(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules deemed necessary to carry out the purposes of this chapter. These rules shall at a minimum include procedures to ensure: (1) The effective coordination of investigative efforts by the police and th…

(a) In implementing § 7-1909(3), the Mayor may establish a sliding scale based on one’s ability to pay. No adult in need of protective services shall be denied those services because he or she is unable to pay for them or because a person (other than the adult) who is legally res…

Any professional covered by the privilege established in § 14-307, who has or had as his or her client or patient the adult alleged or determined to be in need of protective services may be required, without the consent of that adult or his or her legal representative, to testify…

(a)(1) Any person required to report under § 7-1903(a)(1) who willfully fails to do so shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $300. (2) Any person who willfully makes a report under § 7-1903 containing information that he or she kno…

The Mayor shall submit to the Council an annual report on this chapter, which shall at a minimum include the following: (1) A description of the specific actions taken to implement this chapter, including the staffing pattern and budget of the responsible administrative unit; (2)…

(a) There is hereby established within the General Fund a special nonlapsing interest earning account to be designated as the Community Health Care Financing Fund (“Fund”), into which the Chief Financial Officer shall deposit all: (1) Proceeds received by the District from the sa…

(a) The Mayor is authorized to make grants from the Fund and to enter into agreements with the recipients of the grants containing any terms and conditions that the Mayor determines necessary or appropriate to effect a purpose of the Fund, as described in § 7-1931(b). (b) Of the …

(a) There is established an advisory committee to provide oversight and review of the assessment and analysis described in § 7-1932(b)(7). The advisory committee shall consist of 5 members, 2 of whom shall be appointed by the Mayor and 3 of whom shall be appointed by the Council.…

(a) “Child” means “child” as defined in § 4-401(1). (b) “Child development center” means “child development center” as defined in § 4-401(2). (c) “Child development home” means “child development home” as defined in § 4-401(3). (d) “Fund” means the Child Care Services Assistance …

(a) There is established a revolving Child Care Services Assistance Fund, to be administered by the Mayor, for the purpose of providing loans and grants of up to $500,000 to open new child care facilities or to expand, repair, or improve existing child care facilities in the Dist…

The fund shall consist of, but not be limited to, money from the following sources: (1) Appropriations; (2) Grants or gifts from public or private sources to the fund or to the District for the purposes of the fund; (3) Repayments of principal and interest on loans provided from …

(a) In order to be eligible for a loan or grant from the fund, the applicant shall: (1) Be a District resident who is current in the payment of all taxes and other obligations owed to the District, except that a corporation, association, or partnership must be organized and doing…

(a) For each loan issued under this subchapter, the Mayor shall arrange a repayment schedule. (b) Each loan granted from the fund shall be recorded as a lien against the real and personal property of the applicant.

A person who receives a loan or grant from the fund shall not be considered an agent or instrumentality of the District as a result of the receipt of the loan.

Within 120 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, Sund…

The mayor shall submit to the Council, no later than 6 months after the end of each fiscal year, a report on the financial condition of the fund and the results of the operation of the fund for the fiscal year.

For the purposes of this subchapter, the term: (a)(1) “Care giver” means an individual whose duties include direct care, supervision, and guidance of infants or children in a child development facility. (2) “Child” or “children” means an individual or individuals from 2 years to …

(a) This subchapter shall apply to every child development facility and care giver in the District of Columbia. (b) Unless exempted by this subchapter or the laws of other jurisdictions, the provisions and requirements in this subchapter shall also apply to all child development …

The provisions of this subchapter shall not apply to the following: (a)(1) Occasional babysitting in a babysitter’s home for the children of one family; (2) Informal parent-supervised neighborhood play groups; (3) Care furnished in places of worship during religious services; (4)…

(a) All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Health that support the functions related to the licensure of child-care programs in the Early Care and …

(a) Except as otherwise provided in this subchapter, no person shall, either directly or indirectly, operate a child development facility in the District without first having obtained a license to do so. (b) An applicant for a license to operate a child development facility shall…

Except as otherwise provided by this subchapter, any child development facility licensed pursuant to the Child Development Facilities Regulation, enacted December 14, 1974 (Reg. 74-34; 29 DCMR § 300 et seq.) (“Child Development Facilities Regulation”), as amended, shall be consid…

(a) The Mayor shall promulgate all rules necessary to implement the provisions of this subchapter, including the following: (1) Minimum standards of operation of a child development facility concerning staff qualification, requirements and training, facility size, staff-child rat…

An applicant operating a child development facility prior to July 1, 1975, may be granted a variance from the physical or structural requirements of any rule adopted pursuant to this subchapter upon a determination by the Mayor that full compliance would result in exceptional and…

(a) A license shall be renewed in accordance with rules established pursuant to this subchapter, unless there is a pending disciplinary action by the Mayor. (b) An application for renewal of a license shall be submitted to the Mayor no later than 90 days before expiration of the …

The Mayor may, subject to the right to a hearing, deny an initial or renewal license to an applicant who fails to establish that the applicant meets the requirements for licensure established by this subchapter and rules issued pursuant to this subchapter.

The Mayor may, subject to the right to a hearing, refuse to issue, revoke, suspend, or deny renewal of a license to operate a child development facility to a person who is found to have: (1) Failed to comply with the provisions of this subchapter and any rules or regulations prom…

(a) If, after an investigation, the Mayor determines that a licensee has failed to comply with the provisions of this subchapter or any rules promulgated pursuant to this subchapter in such a manner as to present an imminent danger to the health, safety, and welfare of children, …

(a) If, after investigation, the Mayor determines that a person has violated any provision of this subchapter or any rule issued pursuant to this subchapter, and the violation presents an imminent danger to the public, the Mayor may issue a written order directing the person to c…

To ensure compliance with the provisions of this subchapter and rules adopted pursuant to this subchapter, the Mayor, or any duly authorized designee, shall be permitted at reasonable times to conduct an inspection of any child development facility licensed pursuant to this subch…

(a) Exception as provided in § 7-2041, before the Mayor denies an application, suspends, revokes, or restricts a license, or imposes a civil fine, the Mayor shall give the person notice of the contemplated action and an opportunity for a hearing. The Mayor shall send all notices …