Councilmember
Sandy Allen
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To require, on
a temporary basis, an autopsy to be performed on all deceased wards of
the District of Columbia government and residents of certain residential
facilities who have not been diagnosed as terminally ill by a physician
and to require the submission of an unusual incident report for persons
who are wards of the District of Columbia government or residents of
residential facilities.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF
COLUMBIA, That this act may be cited as the "Mandatory Autopsy for
Deceased Wards of the District of Columbia and Mandatory Unusual
Incident Report Temporary Act of 2001 ".
Sec. 2. For the purposes
of this act, the term:
(1) "Unusual incident" means any incident that results in injury
or illness to a ward or resident of a nursing home, community residence
facility, or group home for mentally retarded persons, as those terms are
defined in section 2 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.
Official Code § 44-501) ("Health
Facilities Act").
(2) "Ward" means any person in the official custody of the
District of Columbia government, on a temporary or permanent basis,
because of neglect, abuse, mental illness, or mental retardation.
Sec. 3. Within 72 hours
of the person’s death, the Chief Medical Examiner for the
District of Columbia shall either perform, or arrange for a qualified
pathologist to perform, an
autopsy on the body of any person who dies while a ward of the District of
Columbia government
or while a resident of a community residence facility or group home for
mentally retarded persons, as those terms are defined in the Health Facilities Act, if the
person has not been diagnosed as terminally ill by a physician.
Sec. 4. (a) Any person who operates a nursing home, community residence
facility, or group home for mentally retarded persons, as those terms are defined in
the Health Facilities Act, shall immediately notify the Department of Health and the Inspector
General for the District of Columbia of any unusual incident. The Department of Health and the
Inspector General shall take action to investigate the report within 72 hours of receipt of the
report and take appropriate
action upon completion of the investigation, including action to summarily
suspend, suspend, revoke, or restrict the license to operate the facility or to impose civil
fines, penalties, and related costs pursuant to titles I through III of the Department of Consumer and
Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6- 42; D.C.
Official Code §2-1801.01 et seq.).
(b) Any person who operates a nursing home, community residence
facility, or group home for mentally retarded persons, as those terms are defined in the
Health Facilities Act, shall immediately notify the District of Columbia Metropolitan Police Department
("MPD") of any
unusual incident that involves abuse or death of a resident or other
incidents deemed appropriate.
The MPD shall investigate the unusual incident involving abuse or death
immediately upon
notification and recommend appropriate action upon completion of the
investigation.
Sec. 5. This act is subject to the availability of appropriations.
Sec. 6. This act
shall have no fiscal impact.
Sec. 7. (a) This act
shall take effect following approval by the Mayor (or in the event of veto
by the Mayor, action by the Council to override the veto), a 30-day period
of Congressional review as provided in section 602(c)(1) of the District
of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C.
Code § 1-206.02(c)(1)), and publication in the District of Columbia
Register.
(b) This act shall
expire after 225 days of its having taken effect.