Chairman Cropp, at the request of the Mayor, introduced the following
resolution.
A RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To approve proposed rules to establish civil fines for violations of rules governing
the operation of group homes for the mentally retarded.
RESOLVED BY THE COUNCIL OF THE
DISTRICT OF COLUMBIA, That this resolution may be cited as the "Civil Fines for
Violations of Rules Governing the Operation of Group Homes for Mentally Retarded Persons
Approval Resolution of 1999".
Sec. 2. Pursuant to section 104(a)(1)
of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985,
effective October 5, 1985 (D.C. Law 6-42; D.C. Code §6-2704(a)(1)), the Council of the
District of Columbia approves the proposed classification of violations of rules governing
the operation of group homes for mentally retarded persons so as to apply civil fines.
Sec. 3. The Secretary of the Council
of the District of Columbia shall transmit a copy of this
resolution, upon its adoption, to the Mayor of the District of Columbia.
Sec. 4. The Council adopts the fiscal
impact statement submitted in conjunction with this
resolution.
Sec. 5 This resolution shall take
effect immediately.
DEPARTMENT OF
HEALTH
NOTICE OF
PROPOSED RULEMAKING
The Director, Department of Health,
pursuant to the authority set forth in sections 104 and 105 of the Department of Consumer
and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law
6-42, D.C. Code §§ 6-2704 and 6-2705), Mayor’s Order 99-68, dated April 28, 1999,
section 10 of the Health-Care and Community Residence Facility, Hospice and Home Care
Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48, D.C. Code §
32-1309(e)(1)), and Mayor’s Order 98137, dated August 20, 1998, gives notice of his intent
to adopt amendments to Chapter 32 (Civil Infractions) of Title 16 of the District of
Columbia Municipal Regulations. The amendments would classify violations of regulations on
the operation of group homes for mentally retarded persons so as to make applicable civil
infraction fines for the violation of standards and procedures codified in Chapter 35 of
Title 22 of the DCMR, as amended at 39 D.C. Register 3280 (May 8, 1992) and 44 D.C.
Register 7445 (December 5, 1997).
These rules will not become effective before the later of (1) thirty (30) days from the
date of publication in the D.C. Register, or (2) 60 days from the transmittal to
the Council of the District of Columbia or the date of approval of these rules by Council
resolution if that occurs earlier.
Proposed Rulemaking
Chapter 32 (Civil Infractions) of
Title 16 of the DCMR is amended by adding a new section 3239 to read as follows:
3239 OPERATION OF GROUP HOMES FOR
MENTALLY RETARDED PERSONS
3239.1 Violation of any of the
following provisions shall be Class 1 infractions:
(a) 22 DCMR 3502.6 (denial of meals
as a form of punishment);(b) 22 DCMR 3509.9 (employing people
with a history of abuse, neglect, exploitation or conviction of a sexual crime or violent
crime); or(c) 22 DCMR 3523.1 (failure to
observe and protect client’ s rights).
3239.2 Violation of any of the
following provisions shall be Class 2 infractions:
(a) 22 DCMR 3502, except 3502.6
(failure to comply with the requirements concerning meal service and dining areas);(b) 22 DCMR 3505 (failure to comply
with the requirements concerning fire safety);(c) 22 DCMR 3511 (failure to comply
with the requirements concerning direct care staff ratios);(d) 22 DCMR 3519 (failure to comply
with the requirements concerning emergencies);(e) 22 DCMR 3520 (failure to comply
with the requirement concerning professional services);(f) 22 DCMR 3521 (failure to comply
with the requirements concerning habilitation and training); or(g) 22 DCMR 3522 (failure to comply
with the requirements concerning medications).
3239.3 Violation of any of the
following provisions shall be Class 3 infractions:
(a) 22 DCMR 3500 (failure to comply
with the general provisions);(b) 22 DCMR 3501 (failure to comply
with the requirements concerning the environment and the use of space);(c) 22 DCMR 3503 (failure to comply
with the requirements concerning bedrooms and bathrooms);(d) 22 DCMR 3504 (failure to comply
with the requirements concerning housekeeping);(e) 22 DCMR 3507 (failure to comply
with the requirements concerning policies and procedures);(f) 22 DCMR 3508.7 (failure to
maintain an accounting of the resident’ s funds);(g) 22 DCMR 3508.8 (failure to comply
with the requirements concerning insurance coverage);(h) 22 DCMR 3509, except 3509.9
(failure to comply with the requirements concerning personnel policies);(i) 22 DCMR 3510 (failure to comply
with the requirements concerning staff training);(j) 22 DCMR 3512 (failure to comply
with requirements concerning recordkeeping);(k) 22 DCMR 3513 (failure to comply
with the requirements concerning administrative records);(l) 22 DCMR 3514 (failure to comply
with the requirements concerning resident records);(m) 22 DCMR 3515 (failure to comply
with the requirements concerning confidentiality of records);(n) 22 DCMR 3516 (failure to comply
with the general provisions concerning admission, transfer and discharge);(o) 22 DCMR 3517 (failure to comply
with the requirements concerning admission policies and procedures); or(p) 22 DCMR 3518 (failure to comply
with the requirements concerning discharge/transfer policies and procedures).
Any person desiring to comment on the
subject matter of this proposed rulemaking should file comments in writing not later than
thirty (30) days after the date of publication of this notice in the D.C. Register.
Comments should be submitted to Theodore Gordon, Senior Deputy Director, Department of
Health, 825 North Capitol Street, N.E., 4`h Floor, Washington, D.C. 20002. Copies of the
proposed rules may be obtained by writing to the address stated above.