D.C. Mun. Regs. tit. 22, r. 22-B10118

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

Rule 22-B10118 - PRIVATE DUTY HEALTHCARE PROFESSIONALS

10118.1

Pursuant to §701(a) of the Act (D.C. Official Code § 44-107.01(a) ), the ALA shall be responsible for all personnel and services within the ALR, and shall cause all private duty healthcare professionals that provide healthcare related services on the ALR's premises to comply with the requirements of this section as a condition of providing service on the ALR's premises.

10118.2

An ALR shall require that private duty healthcare professionals arranged by a resident, surrogate, or party other than the ALR to provide healthcare-related services to the resident on the ALR's premises on a recurring basis:

(a) Be certified, registered, licensed, or otherwise authorized by the District of Columbia to render the healthcare-related service they will provide to the resident;

(b) Maintain an accurate and current personnel record with the ALR that includes, but is not limited to, the following:

(1) A signed and dated description of the services to be rendered to the resident;

(2) A copy of the registration, certification, license, or other authorization required for the nurse, aide, or other healthcare

professional to lawfully practice the healthcare-related services being rendered in the District of Columbia;

(3) Initial date and final date, if known, of providing service to resident on the ALR's premises;

(4) A healthcare practitioner's written statement as to whether the nurse, aide, or other healthcare professional bears any communicable diseases, including communicable tuberculosis; and

(5) If the nurse, aide, or other healthcare professional is providing care to the resident under the employ of an agency:

(A) The name, address, telephone number of the agency;

(B) The name and telephone number of the private nurse, aide, or other healthcare professional's immediate supervisor; and

(C) A copy of the agency's license or other authorization to operate in the District;

(c) Administer prescription medication to only the resident for whom the medication was prescribed, or assist in the self-administering of prescription medication for only the resident to whom the medication was prescribed; and

(d) Be subject to immediate removal from the premises upon determination by the ALA or designee that the nurse, aide, or other healthcare professional has, or is suspected to have, a communicable disease, is mentally or physically incapable of performing his or her duties, or otherwise presents a risk to the health and safety of one (1) or more residents in the ALR.

10118.3

An ALR shall inform a resident (or surrogate) promptly if a private duty healthcare professional he or she has contracted has been removed for the premises under § 10118.2(d). The ALR shall include the reason for the removal and its intended duration, and provide the resident (or surrogate) with an opportunity to appeal its decision in accordance with the ALR's internal grievance procedures required by § 10110.2 of this chapter.

10118.4

An ALR shall have a written agreement with each private duty healthcare professional providing healthcare services on the ALR's premises, or the agency that employs him or her, if applicable, requiring the private duty healthcare professional to report the following events to the ALR and describing the procedure by which such reporting shall occur:

(a) Medication errors and adverse drug reactions;

(b) Abuse, neglect, exploitation, or unusual incidents, such as changes in the resident's condition; and

(c) Any restriction of, suspension, revocation, or failure to renew the healthcare professional's license or other authorization to practice his or her healthcare profession in the District.

10118.5

Pursuant to §607(a)(1) of the Act (D.C. Official Code § 44-106.07(a)(1) ), the ALR shall be responsible for the safety and well-being of its residents, including residents receiving services from private duty healthcare professionals on the ALR's premises.

10118.6

An ALR shall have the duty to ensure that all services and supports identified in a resident's ISP are received by the resident. Services provided by a private duty healthcare professional shall not be presumed to havesatisfied the ALR's obligation to ensure that the resident receives all servicesand supportsdue, pursuant to his or her ISP. An ALR must provide or arrange for the provision of any service or support identified in a resident's ISP that is left unsatisfied by the resident's private duty healthcare professional.

10118.7

Nothing in this section authorizes a private duty healthcare professional to practice outside the scope of their authority to practice their profession in the District.

10118.8

The requirements for a private duty nurse, aide, or other healthcare professional under this section shall not apply to companions of a resident.

D.C. Mun. Regs. tit. 22, r. 22-B10118

Final Rulemaking published at 54 DCR 005591 (June 8, 2007); amended by Final Rulemaking published at 67 DCR 3717 (4/3/2020)