Title 7, Human Health Care and Safety.

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

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 …

A person aggrieved by a final decision of the Mayor may appeal the decision to the District of Columbia Court of Appeals pursuant to § 2-510.

(a) Any person who violates any provision of this subchapter shall, upon conviction, be subject to imprisonment not to exceed 6 months or a fine not to exceed $300, or both. Each unlawful act shall constitute a separate violation of this subchapter. (b) Any person who has been pr…

(a) Prosecutions of violations of this subchapter shall be brought by the Corporation Counsel in the name of the District of Columbia. (b) In prosecutions initiated pursuant to this subchapter, a child development facility claiming an exemption from a licensing requirement of thi…

(a) The Corporation Counsel may bring an action in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin any violation of this subchapter. (b) Remedies established by this section shall be in addition to criminal sanctions, civil sanctio…

The Child Development Facilities Regulation shall remain in effect until superseded by rules issued by the Mayor. Upon the effective date of rules promulgated pursuant to this subchapter, the Child Development Facilities Regulation shall be deemed repealed.

(a) No judicial or administrative proceeding commenced by or against any child development facility, or officer or employee of a child development facility in his or her official capacity, shall abate by reason of the taking effect of this subchapter; but the action or proceeding…

(a)(1) The Department of Energy and Environment ("DOEE") shall provide a list of approved contractors to all child development facilities, from which child development facilities or DOEE shall select a contractor to assist in meeting the requirements of subsection (b) of this sec…

For the purposes of this chapter, the term: (1) “Accessible” means providing: (A) The program’s written materials in Spanish and English, and in other languages when required by Title VI of the Civil Rights Act of 1964, approved July 2, 1964 (78 Stat. 252; 42 U.S.C. § 2000d et se…

(a) DHCF shall establish the Health Care and Public Benefits Ombudsman Program by contracting with a qualified private, community-based, nonprofit corporation, organization, or consortia of organizations, with offices located in the District, to operate the program. If DHCF is un…

(a) DHCF shall develop criteria to be used in evaluating the performance of the Ombudsman Program. (b)(1) DHCF shall obtain, biannually, an independent evaluation of the Ombudsman Program through an academic group or other independent, private-sector organization or the Office of…

The Ombudsman Program shall provide the following accessible services: (1) Assist consumers in resolving problems concerning health care bills, health coverage, access to health care, and public benefits by referring consumers to appropriate regulatory agencies when their problem…

The Ombudsman Program shall implement innovative strategies and tools to maximize its outreach to consumers, including provision of the following accessible information sources and services: (1) A toll-free 1-800 telephone number that operates in the District metropolitan area; (…

The Health Care and Public Benefits Ombudsman shall submit annually to the Council, the Mayor, the Department of Health, DHS, DHCF, and the Department of Insurance, Securities, and Banking a report on the activities, performance, and fiscal accounts of the Ombudsman program, issu…

(a) The Health Care and Public Benefits Ombudsman may review the records of a health benefits plan, the HealthCare Alliance, or other provider, pertaining to a consumer or the consumer’s medical records, or records pertaining to the consumer's public benefits, if the consumer or …

No employee, subcontractor, designee, or representative of the Ombudsman Program shall be held liable for the good faith performance of responsibilities under this chapter, except that no immunity shall extend to criminal acts, or acts that violate District or federal law.

A health benefits plan or the HealthCare Alliance shall not take retaliatory action of any sort against a member who seeks assistance from the Ombudsman Program or against a provider who furnishes information to the Ombudsman Program pursuant to a consumer’s request.

(a) Health benefits plans and the HealthCare Alliance shall: (1) Include in their marketing and membership materials information regarding the availability of the Ombudsman Program; (2) Send annually to their members notification of the availability of the Ombudsman Program; and …

(a) The Ombudsman shall establish an Advisory Council to consist of members representing: (1) Consumers; (2) Consumer advocacy organizations and legal service providers, including at least one organization with a focus on public benefits; (3) Health benefits plans; (4) Health car…

(a) Funding sources for the Ombudsman Program shall include: (1) District local appropriations; and (2) Medicaid and other available federal matching funds. (b) Nothing in this chapter shall prohibit a corporation, organization, or consortia of organizations selected to operate t…

For the purpose of this chapter, the term: (1) “Antimicrobial drug” means a drug identified in the most current guidelines for the treatment of sexually transmitted infections recognized by the Centers for Disease Control and Prevention. (2) “DOH” means the Department of Health. …

(a)(1) A health care practitioner who diagnoses a chlamydia, gonorrhea or trichomoniasis infection in a patient may prescribe and dispense antimicrobial drugs to the patient’s sexual partner for treatment of that STI without an examination of the sexual partner. (2) The Director …

(a) A health care practitioner or a pharmacist who reasonably and in good faith renders EPT in accordance with this chapter or any other District law shall not be subject to civil or criminal liability or be deemed to have engaged in improper professional conduct. (b) This subsec…

Within 60 days of April 30, 2014, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays,…

(a) The Department shall, on an annual basis, issue a grant of $75,000 to a nonprofit organization that provides support and mentorship to female students who are District residents attending elementary through high school, focuses on preventing teen pregnancies, and encourages c…

(a) The District shall recognize the right of every individual to choose or refuse contraception or sterilization. (b) The District shall recognize the right of every individual who becomes pregnant to decide whether to carry a pregnancy to term, to give birth, or to have an abor…

For the purposes of this chapter, the term: (1) “Child” means any individual who is: (A) Under 18 years of age; (B) 18 to 20 years of age and subject to a consent decree or dispositional order entered pursuant to Chapter 23 of Title 16; or (C) 18 to 21 years of age and has an ind…

(a) Except as provided in subsections (b) and (c) of this section, it shall be unlawful to operate a facility in the District, whether public or private, for profit or not for profit, without being licensed by the Mayor. Each facility shall be licensed by both its type and the le…

(a) The Mayor shall, no later than 12 months after August 13, 1986, and pursuant to subchapter I of Chapter 5 of Title 2, issue all rules necessary to carry out the purposes of this chapter. These rules may categorize and define the various types of facilities, may establish lice…

(a) Each facility except a foster home shall have a governing board or local advisory committee that includes 1 or more representatives of the neighborhood where the facility is located. If a licensee operates more than 1 facility in the District, a single governing board or advi…

(a)(1) To ensure that each new facility will be in compliance with this chapter, the rules issued pursuant to this chapter, and all other applicable laws, the Mayor shall conduct an on-site inspection before a facility’s initial licensure. Instead of issuing a full-year license t…

(a)(1) The Mayor and the Board of Education shall ensure that every resident receiving therapeutic care has an up-to-date, individualized treatment plan (“ITP”) composed of coordinated therapeutic, educational, and residential components. Each ITP shall be jointly formulated and …

(a) As an alternative to denial, nonrenewal, suspension, or revocation of a license, whenever a facility has numerous deficiencies or a serious single deficiency with respect to the standards established under § 7-2103(a)(2) through (4), the Mayor may: (1) Issue a provisional lic…

(a)(1) The Mayor may, before holding a hearing, suspend the license of a facility or convert its license to a provisional or restricted license if he or she determines that existing deficiencies constitute an immediate or serious and continuing danger to the health, safety, or we…

For the purposes of this chapter, the term: (1) “Emergency contraception” means a drug or drug regimen approved by the U.S. Food and Drug Administration to prevent pregnancy when administered after sexual contact, including oral contraceptive pills. (2) “Hospital” means a facilit…

(a) The Department of Health, in collaboration with the Board of Medicine and the Board of Pharmacy, shall develop medically and factually accurate written information regarding prophylactic antibiotics for the treatment of sexually transmitted diseases and emergency contraceptio…

(a) All hospitals that provide emergency care to victims of sexual assault shall: (1) Provide each victim of sexual assault written information developed pursuant to § 7-2122; (2) Provide each victim of sexual assault an oral explanation of the written information distributed pur…

Hospitals shall have written policies and procedures to ensure that all personnel who provide care or information to a victim of sexual assault: (1) Are trained to provide medically and factually accurate and objective information about prophylactic antibiotics for the treatment …