3605 GROUP HOMES FOR MENTALLY RETARDED PERSONS INFRACTIONS

3605.1 Reserved

3605.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 22 DCMR § 3502.6 (denial of meals as a form of punishment);

(b) 22 DCMR § 3509.9 (employing staff with a history of abuse, neglect, exploitation, or conviction of a sexual or violent crime);

(c) 22 DCMR § 3520 (failure to comply with requirements concerning professional services);

(d) 22 DCMR § 3521 (failure to comply with requirements concerning habilitation and training); or

(e) 22 DCMR § 3523 (failure to observe and protect client's rights).

3605.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 22 DCMR § 3500.1 (failure to comply with general provisions regarding pharmacies and pharmaceuticals);

(b) 22 DCMR § 3500.2 (failure to demonstrate understanding that D.C. Law 6-137 governs care and rights of mentally retarded persons);

(c) 22 DCMR § 3501.1 (failure to provide home-like atmosphere and least restrictive yet safe setting);

(d) 22 DCMR § 3501.3 (failure to locate within easy walking distance of transportation or to provide transportation);

(e) 22 DCMR § 3501.4 (failure to locate away from noise and hazardous or noxious conditions);

(f) 22 DCMR § 3501.6 (failure to provide tempered glass and to conspicuously mark sliding doors or panels);

(g) 22 DCMR § 3501.10 (failure to provide social and recreational space);

(h) 22 DCMR § 3501.11 (failure to provide adequate community space);

(i) 22 DCMR § 3502, except 3502.6 (failure to comply with requirements concerning meal service and dining areas);

(j) 22 DCMR § 3503.1 (failure to provide sufficient square footage in bedroom or exceeding allowable bedroom occupancy);

(k) 22 DCMR § 3503.2 (failure to keep beds sufficiently apart from each other and from radiators);

(l) 22 DCMR § 3503.3 (failure to provide required bedroom furniture or bedding);

1. (m) 22 DCMR § 3503.5 (failure to provide sufficient storage space in bedroom);
2. (n) 22 DCMR § 3503.7 (failure to designate bedroom for bedroom use only);
3. (o) 22 DCMR § 3503.8 (failure to provide adequate bathroom space and fixtures);
4. (p) 22 DCMR § 3503.9 (failure to provide adequate appliances and equipment in bathroom);
5. (q) 22 DCMR § 3504 (failure to comply with requirements concerning housekeeping, sanitation, and/or maintenance);
6. (r) 22 DCMR § 3506 (failure to comply with program statement requirements);
7. (s) 22 DCMR § 3507 (failure to comply with requirements concerning policies and procedures);
8. (t) 22 DCMR § 3508 (failure to comply with requirements concerning administrative support, residents' funds, and/or insurance);
9. (u) 22 DCMR § 3509.1 (failure to develop and distribute personnel policies);
10. (v) 22 DCMR § 3509.2 (failure to develop and distribute job descriptions);
11. (w) 22 DCMR § 3509.6 (failure to ensure that employee has and passes health examination prior to employment and annually thereafter);
12. (x) 22 DCMR § 3509.7 (failure to ensure that employee's initial health exam is done within 90 days prior to employment);
13. (y) 22 DCMR § 3509.8 (failure to obtain physician's documentation that employee with positive test for communicable disease is receiving needed follow-up care);
14. (z) 22 DCMR § 3510 (failure to comply with requirements concerning staff training);
15. (aa) 22 DCMR § 3511 (failure to comply with requirements concerning direct care staff ratios);
16. (bb) 22 DCMR § 3513 (failure to comply with requirements concerning administrative records);
17. (cc) 22 DCMR § 3514 (failure to comply with requirements concerning resident records);
18. (dd) 22 DCMR § 3515 (failure to comply with requirements concerning confidentiality of records);
19. (ee) 22 DCMR § 3516 (failure to develop and make available policies concerning admission, transfer, and discharge);
20. (ff) 22 DCMR § 3517 (failure to comply with requirements concerning admission policies and procedures, health screening and recordkeeping);
21. (gg) 22 DCMR § 3518 (failure to comply with requirements concerning discharge and transfer policies and procedures and

recordkeeping);

(hh) 22 DCMR § 3519 (failure to comply with requirements concerning emergencies and unusual incidents); or

(ii) 22 DCMR § 3522 (failure to comply with requirements concerning medications).

3605.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 22 DCMR § 3500.3 (using an improper name or logo on the exterior of the facility);

(b) 22 DCMR § 3501.5 (failure to supply window curtains, shades or blinds, clean and in good repair);

(c) 22 DCMR § 3501.7 (failure to show that facility can provide outside recreational activities);

(d) 22 DCMR § 3501.8 (failure to provide access to and encourage full utilization of space);

(e) 22 DCMR § 3501.9 (failure to locate restricted space in the most remote portions of the facility);

(f) 22 DCMR § 3503.4 (failure to provide employee with copy of job description);

(g) 22 DCMR § 3503.10 (failure to provide required supplies in bathroom);

(h) 22 DCMR § 3509.3 (failure to discuss contents of job description with employee periodically);

(i) 22 DCMR § 3509.4 (failure to provide employee with copy of job description);

(j) 22 DCMR § 3509.5 (failure to update job description and review it with employee); or

(k) 22 DCMR § 3512 (failure to comply with general recordkeeping requirements).

SOURCE: Final Rulemaking published at 52 DCR 4999 (May 27, 2005).