3607 NURSING FACILITY INFRACTIONS

3607.1 Violation of the following provision shall be a Class 1 infraction:

22 DCMR § 3203.1 (operating a nursing facility without a license).

3607.2 Violation of any of the following provisions shall be a Class 2 infraction:

1. (a) 22 DCMR § 3200.1 (failure to comply with requirements concerning a provision in the federal regulations);
2. (b) 22 DCMR § 3205 (failure to comply with requirements concerning insurance coverage);
3. (c) 22 DCMR § 3207 (failure to comply with requirements concerning physician services and medical supervision);
4. (d) 22 DCMR § 3208 (failure to comply with requirements concerning nursing services and Director of Nursing);
5. (e) 22 DCMR § 3209 (failure to comply with requirements concerning nursing services supervision);
6. (f) 22 DCMR § 3210 (failure to comply with requirements concerning licensed nursing coverage);
7. (g) 22 DCMR § 3211 (failure to comply with requirements concerning nursing personnel);
8. (h) 22 DCMR § 3212 (failure to comply with requirements concerning temporary nursing personnel);
9. (i) 22 DCMR § 3213 (failure to comply with requirements concerning restorative nursing care);
10. (j) 22 DCMR § 3215 (failure to comply with requirements concerning ventilator care services);
11. (k) 22 DCMR § 3216 (failure to comply with requirements concerning use of restraints);
12. (l) 22 DCMR § 3217.6 (failure to ensure that infection control policies are implemented and that environmental services are in compliance);
13. (m) 22 DCMR § 3217.8 (failure to report communicable disease);
14. (n) 22 DCMR § 3222 (failure to comply with requirements concerning immunizations);
15. (o) 22 DCMR § 3223 (failure to comply with requirements concerning rehabilitative services);
16. (p) 22 DCMR § 3224 (failure to comply with requirements concerning pharmaceutical services and supervision);
17. (q) 22 DCMR § 3225 (failure to comply with requirements concerning physician orders for medications);

(r) 22 DCMR § 3226 (failure to comply with requirements concerning administration of medication);

(s) 22 DCMR § 3227 (failure to comply with requirements concerning labeling and storage of medication);

(t) 22 DCMR § 3235.5 (failure to provide emergency power generator when life support system is used);

(u) 22 DCMR § 3235.6 (failure to provide emergency power for elevators); or

(v) 22 DCMR § 3236.4 (failure to maintain water temperature between 95 and 110 degrees Fahrenheit).

3607.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 22 DCMR § 3201 (failure to comply with requirements concerning administrative management);

(b) 22 DCMR § 3202 (failure to comply with requirements concerning personnel policies);

(c) 22 DCMR § 3203, except § 3203.1 (failure to comply with requirements concerning licenses and administrative records);

(d) 22 DCMR § 3206 (failure to comply with requirements concerning resident care policies);

(e) 22 DCMR § 3214 (failure to comply with requirements concerning in-service education for nursing personnel);

(f) 22 DCMR § 3217, except § 3217.6 and § 3217.8 (failure to comply with requirements concerning infection control);

(g) 22 DCMR § 3218 (failure to comply with requirements concerning dietary supervision);

(h) 22 DCMR § 3219 (failure to comply with requirements concerning dietary services);

(i) 22 DCMR § 3220 (failure to comply with general dietary requirements);

(j) 22 DCMR § 3221 (failure to comply with requirements concerning dietary management and records);

(k) 22 DCMR § 3228 (failure to comply with requirements concerning podiatry services);

(l) 22 DCMR § 3229 (failure to comply with requirements concerning social services);

(m) 22 DCMR § 3230 (failure to comply with requirements concerning resident activities);

1. (n) 22 DCMR § 3231 (failure to comply with requirements concerning medical records);
2. (o) 22 DCMR § 3232 (failure to comply with requirements concerning incident reporting);
3. (p) 22 DCMR § 3233 (failure to comply with requirements concerning grievances);
4. (q) 22 DCMR § 3234 (failure to comply with environmental requirements);
5. (r) 22 DCMR § 3235, except § 3235.5 and § 3235.6 (failure to comply with requirements concerning electrical systems);
6. (s) 22 DCMR § 3236, except § 3236.4 (failure to comply with requirements concerning water supply and distribution);
7. (t) 22 DCMR § 3237 (failure to comply with requirements concerning sewage and solid waste disposal);
8. (u) 22 DCMR § 3238 (failure to comply with requirements concerning heating and cooling);
9. (v) 22 DCMR § 3239 (failure to comply with requirements concerning ventilation and exhaust);
10. (w) 22 DCMR § 3240 (failure to comply with requirements concerning acoustical insulation and noise reduction);
11. (x) 22 DCMR § 3241 (failure to comply with requirements concerning elevators);
12. (y) 22 DCMR § 3242 (failure to comply with requirements concerning walls, ceilings, floors and finishes);
13. (z) 22 DCMR § 3243 (failure to comply with requirements concerning ramps, stairs, and corridors);
14. (aa) 22 DCMR § 3244 (failure to comply with requirements concerning outdoor space);
15. (bb) 22 DCMR § 3245 (failure to comply with requirements concerning nursing unit design);
16. (cc) 22 DCMR § 3246 (failure to comply with requirements concerning resident bedrooms);
17. (dd) 22 DCMR § 3247 (failure to comply with requirements concerning resident toilets and bathrooms);
18. (ee) 22 DCMR § 3248 (failure to comply with requirements concerning refreshment stations);

19. (ff) 22 DCMR § 3249 (failure to comply with requirements concerning resident recreation and social areas);

20. (gg) 22 DCMR § 3250 (failure to comply with requirements concerning food service areas);

21. (hh) 22 DCMR § 3251 (failure to comply with requirements concerning therapy service areas);
22. (ii) 22 DCMR § 3252 (failure to comply with requirements concerning resident shopping and grooming areas);
23. (jj) 22 DCMR § 3253 (failure to comply with requirements concerning public and staff facilities);
24. (kk) 22 DCMR § 3254 (failure to comply with requirements concerning laundry areas);
25. (ll) 22 DCMR § 3255 (failure to comply with requirements concerning housekeeping and maintenance);
26. (mm) 22 DCMR § 3256 (failure to comply with requirements concerning housekeeping and maintenance services);
27. (nn) 22 DCMR § 3257 (failure to comply with requirements concerning pest control);
28. (oo) 22 DCMR § 3258 (failure to comply with requirements concerning general safety and inspection);
29. (pp) 22 DCMR § 3259 (failure to comply with requirements concerning fire and emergency preparedness);
30. (qq) 22 DCMR § 3264 (failure to comply with requirements concerning physical structure and construction); or
31. (rr) 22 DCMR § 3265 (failure to comply with requirements concerning wheelchair and handicapped access).

SOURCE: Final Rulemaking published at 52 DCR 5010 (May 27, 2005).