3803.1 The Director, any other duly authorized official of the Department, or any other District government agency having jurisdiction or responsibility over a MHCRF or a resident in a MHCRF, after presenting credentials of identification and authority issued by the Director of the relevant District agency, may, either with or without prior notice, enter and inspect the premises of the following:

1. (a) A MHCRF licensed pursuant to this chapter;
2. (b) A facility for which an Operator is applying for licensure as a MHCRF to determine the facility's compliance with applicable requirements; and
3. (c) Subject to § 3803.5, any unlicensed premises that the Director or any other District agency has reason to believe is being operated or maintained as a community residence facility in violation of this chapter or other applicable laws of the District of Columbia.

3803.2 The authorized official shall have access to the following:

1. (a) Facility administrative, personnel, financial, and resident records required by this chapter including records required by §§ 3824, 3825, 3837, 3838, 3839, 3840, 3846, 3848, and 3850 through 3855;
2. (b) Facility staff;
3. (c) Facility residents;
4. (d) The entire premises including all indoor rooms and outdoor areas; and
5. (e) Any other information necessary to determine the facility's compliance with this chapter or other applicable law.

3803.3 When conducting an inspection pursuant to this section, the authorized official may:

1. (a) Interview and make inquiries of staff and residents, on or off-site, relevant to compliance with all applicable requirements;
2. (b) Scan or make copies of any facility records, subject to federal and District law pertaining to the confidentiality of medical records; and
3. (c) Photograph or videotape conditions at the facility that the official

reasonably believes to be in violation of this chapter or any other applicable law or regulation.

3803.4 Any licensed MHCRF Operator that refuses an authorized official entry and inspection to the premises violates this Chapter and shall be subject to fines, the suspension or revocation of the facility's license, and the removal of residents.

3803.5 The Director may refer a case involving an unlicensed facility that the Director determines is operating as a MHCRF to the Office of the Attorney General for the District of Columbia for appropriate legal action.

SOURCE: Final Rulemaking published at 65 DCR 1633 (February 16, 2018).