D.C. Mun. Regs. tit. 25, r. 25-D1300

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

Rule 25-D1300 - ACCESS & INSPECTION FREQUENCY - DEPARTMENT RIGHT OF ENTRY, DENIAL MISDEMEANOR*

1300.1

The Department shall determine a massage establishment or health spa facility's compliance with these regulations by conducting on-site:

(a) Preoperational inspections;

(b) Unannounced routine annual and follow-up inspections; and

(c) Unannounced complaint generated inspections.

1300.2

After representatives of the Department present official credentials and provide notice of the purpose and intent to conduct an inspection in accordance withthese regulations, the applicant, or licensee shall allow the Department access to any part, portion or area of a massage establishment of health spa facility.

1300.3

The Department may enter and inspect all aspects of a massage establishment or health spa facility, including, but not limited massage therapy rooms, locker rooms, bathrooms, gym/exercise rooms, employee lounge areas, kitchens/food service facilities, or other areas of a massage establishment or health spa facility for the following purpose:

(a) To determine if the massage establishment or health spa facility is in compliance with these regulations;

(b) To investigate an emergency affecting the public health if the massage establishment or health spa facility is or may be involved in the matter causing the emergency; and

(c) To investigate, examine and sample/swab equipment, devices, fixtures, linens, furnishings, garments, or other supplies.

1300.4

If a person denies the Department access to any part, portion, or area of a massage establishment, the Department shall inform the individual that:

(a) The applicant or licensee is required to allow access to the Department as specified in section 1300.2;

(b) Access is a condition of the receipt and retention of a license as specified in section 1210.5;

(c) If access is denied, an inspection order allowing access may be obtained in accordance with District law; and

(d) The Department is making a final request for access.

1300.5

If the Department presents credentials and provides notice as specified in section 1300.2, explains the authority upon which access is requested, and makes a final request for access as specified in section 1300.4(d), and the applicant, or licensee continues to refuse access, the Department shall provide details of the denial of access on the inspection report.

1300.6

If the Department is denied access to a massage establishment or health spa facility for an authorized purpose, after complying with sections 1300.2 through 1300.4, the Department may:

(a) Summarily suspend a license to operate a massage establishment or health spa facility in accordance with section 1608;

(b) Revoke or suspend a license to operate a massage establishment or health spa facility in accordance with section 1613; or

(c) Request that the Office of the Attorney General for the District of Columbia commence an appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief from the court, to enforce these regulations in accordance with the Health Functions Clarification Act of 2002, effective October 3, 2001, (D.C. Law 14-28; D.C. Official Code § 7-731(b)) (2008 Repl.), as amended.

D.C. Mun. Regs. tit. 25, r. 25-D1300

Final Rulemaking published at 56 DCR 7975 (October 9, 2009)

Authority: Section 4902 of the Department of Health Functions Clarification Act of 2001 ("Act") (effective October 3, 2001), D.C. Law 14-28, D.C. Official Code § 7-731(a)(12) (2008 Repl.), and the Mayor's Order 2006-10 dated January 27, 2006