D.C. Mun. Regs. tit. 16, r. 16-3501

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 16-3501 - MENTAL HEALTH COMMUNITY RESIDENCE FACILITY INFRACTIONS

3501.1

Violation of the following provisions shall be a Class 1 infraction:

(a) 22-A DCMR § 3801.1 (operating a MHCRF without proper licensure);

(b) 22-A DCMR § 3803.1 through § 3803.5 (failure to grant Department or designee right of entry or access to facility records and personnel);

(c) 22-A DCMR §§ 3811.3 and 3811.4 (failure to correct deficiencies as directed by the Department);

(d) 22-A DCMR § 3826.8 (failure to operate effective pest control program, application of pesticides or traps on resident bedding);

(e) 22-A DCMR §§ 3829.1 through 3829.7 (failure to comply with plumbing and water supply requirements);

(f) 22-A DCMR § 3831.2 (placement of sleeping facilities near furnace,space heater, water heater or gas meter);

(g) 22-A DCMR §§ 3833.1 through 3833.19 (failure to comply with fire safety requirements);

(h) 22-A DCMR §§ 3834.1 through 3834.32 (failure to comply with dietary services requirements);

(i) 22-A DCMR §§ 3835.1 through 3835.5 (failure to comply with therapeutic diet requirements);

(j) 22-A DCMR §§ 3838.1 through 3838.9 (failure to comply with resident finances requirements);

(k) 22-A DCMR §§ 3839.1 through 3839.10 (failure to comply with medication requirements);

(l) 22-A DCMR §§ 3845.1 through 3845.4 (failure to comply with restraint and seclusion prohibitions);

(m) 22-A DCMR §§ 3852.1 through 3852.5 (failure to comply with staffing requirements);

(n) 22-A DCMR §§ 3853.1 through 3853.2 (failure to comply with operator and residence director responsibilities); and

(o) 22-A DCMR §§ 3861.1 through 3861.15 (failure to comply with transfer, discharge and relocation requirements).

3501.2

Violation of the following provisions shall be a Class 2 infraction:

(a) 22-A DCMR §§ 3810.1 and 3810.2 (failure to comply with applicable law or inspections);

(b) 22-A DCMR §§ 3810.3 and 3810.4 (failure to submit Major Unusual Incident report);

(c) 22-A DCMR §§ 3810.5 and 3810.7 (failure to correct deficiencies or comply with statement of deficiency process);

(d) 22-A DCMR §§ 3810.9 and 3810.10 (failure to remove staff member subject to abuse or neglect complaint);

(e) 22-A DCMR § 3810.12 (failure to maintain records);

(f) 22-A DCMR §§ 3810.14 through 3810.16 (failure to comply with emergency move requirements);

(g) 22-A DCMR §§ 3822.1 through 3822.7 (failure to comply with insurance requirements);

(h) 22-A DCMR §§ 3823.1 through 3823.34 (failure to comply with resident's rights and responsibilities requirements);

(i) 22-A DCMR §§ 3825.1 through 3825.10 (failure to comply with general eligibility and admission requirements);

(j) 22-A DCMR §§ 3826.1 through 3826.25, not including 3826.8 (failure to comply with environmental requirements)

(k) 22-A DCMR §§ 3827.1 through 3827.4 (failure to comply with structural and maintenance requirements);

(l) 22-A DCMR §§ 3828.1 through 3828.5 (failure to comply with lighting and ventilation requirements);

(m) 22-A DCMR §§ 3830.1 through 3830.6 (failure to comply with heating and cooling requirements);

(n) 22-A DCMR §§ 3831.1, 3831.3 through 3831.7 (failure to comply with bedroom requirements);

(o) 22-A DCMR §§ 3832.1 through 3832.5 (failure to comply with bathing and toilet facilities requirements);

(p) 22-A DCMR §§ 3836.1 through 3836.9 (failure to comply with housekeeping and laundry services);

(q) 22-A DCMR §§ 3837.1 through 3837.8 (failure to comply with personal property of residents requirements);

(r) 22-A DCMR §§ 3840.1 through 3840.8 (failure to comply with medical services requirements);

(s) 22-A DCMR §§ 3841.1 through 3841.5 (failure to comply with resident activities requirements);

(t) 22-A DCMR §§ 3842.1 through 3842.2 (failure to assist residents to receive mental health services);

(u) 22-A DCMR §§ 3843.1 through 3843.5 (failure to coordinate with core services agencies);

(v) 22-A DCMR §§ 3844.1 through 3844.4 (failure to comply with individual recovery plan requirements);

(w) 22-A DCMR §§ 3846.1 through 3846.6 (failure to comply with resident's records requirements);

(x) 22-A DCMR §§ 3847.1 through 3847.3 (failure to comply with confidentiality of records requirements);

(y) 22-A DCMR §§ 3848.1 through 3848.6 (failure to comply with major unusual incident reporting requirements);

(z) 22-A DCMR §§ 3850.1 through 3850.14 (failure to comply with minimum qualifications for persons working in MHCRF requirements);

(aa) 22-A DCMR §§ 3851.1 through 3851.2 (failure to comply with qualifications applicable to operators and residence directors);

(bb) 22-A DCMR §§ 3854.1 through 3854.5 (failure to comply with personnel records requirements);

(cc) 22-A DCMR §§ 3855.1 through 3855.7 (failure to comply with financial records requirements);

(dd) 22-A DCMR §§ 3857.1 through 3857.8 (failure to comply with supported residence requirements);

(ee) 22-A DCMR §§ 3858.1 through 3858.14 (failure to comply with supported rehabilitative residence requirements);

(ff) 22-A DCMR §§ 3859.1 through 3859.13 (failure to comply with intensive residence requirements); and

(gg) 22-A DCMR §§ 3860.1 through 3860.10 (failure to comply with transitional residential beds requirements).

3501.3

Violation of the following provisions shall be a Class 3 infraction:

(a) 22-A DCMR §§ 3824.1 through 3824.4 (failure to comply with residency contract requirements); and

(b) 22-A DCMR §§ 3849.1 through 3849.5 (failure to comply with resident status procedure requirements).

D.C. Mun. Regs. tit. 16, r. 16-3501

Final Rulemaking published at 52 DCR 4962 (May 27, 2005); amended by Final Rulemaking published at 66 DCR 002137 (2/15/2019)