3501. COMMUNITY RESIDENCE FACILITY INFRACTIONS

3501 COMMUNITY RESIDENCE FACILITY INFRACTIONS 3501.1 Violation of the following provisions shall be a Class 1 infraction: (a) 22-B DCMR § 3800.5 (operating a CRF without proper licensure); (b) 22-B DCMR § 3811.1 (failure of fire exits to meet requirements); (c) 22-B DCMR § 3811.2 (improper locking of fire exit doors); (d) 22-B DCMR § 3811.3 (failure to maintain proper fire exit access); (e) 22-B DCMR § 3811.4 (failure to comply with the requirements of 12 DCMR § 914); (f) 22-B DCMR § 3819.1 (working in or owning a MHCRF after conviction for abusing or mistreating another person); (g) 22-B DCMR § 3819.5 (failure to make reasonable efforts to ensure that persons known to have abused or mistreated another person do not provide services in a MHCRF); (h) 22-B DCMR § 3819.6 (employee or volunteer provides direct services while under influence of drugs or alcohol or while infected with communicable disease); (i) 22-B DCMR § 3819.7 (providing care in MHCRF without proper licensure, certification or registration); (j) 22-B DCMR § 3819.8 (assigning duties inconsistent with employee's license, job description, training and experience); (k) 22-B DCMR § 3829.1 or 3829.2 (failure to provide oral or written notice of any serious illness, accident, or unusual incident); (l) 22-B DCMR § 3829.4 (failure to notify an appropriate person in the case of the death of a resident); or (m) 22-B DCMR §§ 3835.4, 3835.5, 3836.4, 3837.4, or 3838.5 (failure to comply with staffing requirements). 3501.2 Violation of the following provisions shall be a Class 2 infraction: (a) 22-B DCMR §§ 3803.1, 3835.2, 3836.2, 3837.1 or 3838.3 (exceeding maximum occupancy); (b) 22-B DCMR § 3803.5 (failure to make residence physically accessible); (c) 22-B DCMR §§ 3806.1 or 3806.3 (failure to comply with heating and cooling requirements); (d) 22-B DCMR § 3813.1 (failure to keep food handler certificate current or failure to apply nutrition and management principles); (e) 22-B DCMR § 3813.2 (failure to promote residents' participation and skill development in menu planning, shopping, food storage, and kitchen maintenance); (f) 22-B DCMR §§ 3813.3 to 3813.5 (failure to comply with meal service regulations); (g) 22-B DCMR § 3813.6 (failure to provide clean, wholesome, and unspoiled food and drink); (h) 22-B DCMR § 3822.1 (failure to keep confidential resident's record and any MHCRF records that contain information identifying residents); (i) 22-B DCMR § 3823.3 (failure to keep resident's medication record inaccessible to other residents and visitors); (j) 22-B DCMR §§ 3823.4 to 3823.10, or § 3823.12 (improper administration of medications); (k) 22-B DCMR § 3823.10 (failure to report and document medication errors, reactions or adverse responses); (l) 22-B DCMR § 3823.11 (failure to document and report resident's refusal of medication); (m) 22-B DCMR §§ 3824.1 or 3824.2 (failure to carry or provide proof of required insurance); (n) 22-B DCMR § 3830.1 (failure to notify the CMHS and physician of change that may require relocating resident); (o) 22-B DCMR §§ 3830.2 or 3820.3 (improper discharge, transfer or relocation of a resident); (p) 22-B DCMR § 3830.4 (failure to readmit resident transferred from MHCRF within ninety (90) days); (q) 22-B DCMR § 3830.5 (failure to hold bed for SSI resident admitted to public mental institution in which Medicaid is paying fifty percent (50%) or more of cost of care); (r) 22-B DCMR §§ 3831.1 or 3831.2 (restraining or confining a resident); (s) 22-B DCMR §§ 3833.1 to 3833.7 (failure to comply with service coordination, case management, and support services regulations); (t) 22-B DCMR §§ 3835.1 or 3836.1 (failure to provide homelike setting in a Supported Residence or a Supported Rehabilitative Residence); (u) 22-B DCMR §§ 3835.7, 3836.9, or 3837.7 (failure to have a Residence Director); (v) 22-B DCMR §§ 3836.3 or 3837.2 (failure to provide specialized services or programming when necessary); (w) 22-B DCMR §§ 3836.5 (failure to provide staff assistance with daily living activities, personal supervision, meals, lodging, and rehabilitative and specialized services); (x) 22-B DCMR §§ 3836.6 (failure to provide consistent and therapeutic environment); (y) 22-B DCMR § 3836.7 (failure to coordinate rehabilitation under the direction of the resident's designated treatment team); (z) 22-B DCMR § 3837.5 (failure to provide staffing specialists according to special program needs); (aa) 22-B DCMR §§ 3837.8 or 3838.6 (failure to have Residence Director or staff member present when residents are at the residence, or failure to provide clinical back-up services); or (bb) 22-B DCMR §§ 3837.9 or 3838.7 (failure of Residence Director of Intensive Residence or a Transitional Residence to meet requirements of § 3818 and appropriate experience requirements). 3501.3 Violation of the following provisions shall be a Class 3 infraction: (a) 22-B DCMR § 3801.1 (failure to explain rights and responsibilities, provide a written statement of rights and responsibilities, or make available a copy of rights); (b) 22-B DCMR §§ 3801.2, 3801.4, or 3827.4 (discrimination or reprisal against a resident); (c) 22-B DCMR § 3801.3 (failure to provide resident and resident's legal representative a signed, written admission contract prior to admission); (d) 22-B DCMR § 3801.5 (failure to provide resident a copy of grievance procedures); (e) 22-B DCMR § 3801.6 (failure to provide resident privacy for provision of personal and medical care); (f) 22-B DCMR § 3801.7 (failure to provide resident opportunity to participate in developing individual treatment plan); (g) 22-B DCMR § 3801.8 (failure to provide resident adequate and humane treatment by competent and qualified staff); (h) 22-B DCMR § 3801.9 (failure to inform resident of condition and progress); (i) 22-B DCMR § 3801.10 (failure to keep resident's treatment record confidential); (j) 22-B DCMR § 3801.11 (failure to provide resident the opportunity to meet with members of the treatment team); (k) 22-B DCMR § 3801.12 (failure to provide resident periodic review of treatment plan); (l) 22-B DCMR §§ 3801.13 to 3801.16 (failure to comply with resident's visitation and communication rights); (m) 22-B DCMR §§ 3801.17 or 3801.18 (denying resident's right to refuse life sustaining treatment and execute advanced directives or the limited right to refuse psychiatric treatment and supportive services); (n) 22-B DCMR § 3801.19, 3801.23, or 3801.24 (failure to provide resident access to authorized representatives, District government officials, or Long Term Care Ombudsman); (o) 22-B DCMR § 3801.20 (failure to assist resident in registering and exercising right to vote); (p) 22-B DCMR § 3801.21 (imposing a religious belief or practice on a resident); (q) 22-B DCMR § 3801.22 (failure to provide resident opportunities to participate in social, religious and community activities); (r) 22-B DCMR § 3801.25 (denying resident the right to manage his or her financial affairs); (s) 22-B DCMR § 3801.26 (using residents as research subjects without resident's consent, or for research that does not comply with federal and District laws and regulations and DMH policy); (t) 22-B DCMR § 3801.27 (requiring resident to perform unauthorized unpaid work); (u) 22-B DCMR § 3801.28 (failure to comply with Title III of the Nursing Home and Community Residence Facility Residents' Protection Act of 1985 for transfers, discharges or relocations); (v) 22-B DCMR §§ 3801.29 or 3801.30 (failure to have required rules or failure to provide resident with a copy of the MHCRF's rules); (w) 22-B DCMR § 3801.31 (failure of resident to comply with MHCRF rules); (x) 22-B DCMR § 3802.5 (failure to maintain pest control program and keep premises free from insects and rodents); (y) 22-B DCMR § 3802.6 (failure to maintain readily available first aid supplies); (z) 22-B DCMR § 3802.7 (failure to protect residents from asbestos hazards); (aa) 22-B DCMR § 3802.8 (failure to equip, furnish and maintain residence in a comfortable, congenial home-like setting for residents and staff); (bb) 22-B DCMR § 3802.9 (failure to provide adequate collection, storage, and removal of trash and refuse); (cc) 22-B DCMR § 3802.10 (failure to screen windows during insect season); (dd) 22-B DCMR § 3802.11 (failure to securely fasten carpets or use non-skid pads); (ee) 22-B DCMR § 3802.12 (failure to keep hallways, porches, stairways, stairwells and basements free from obstructions); (ff) 22-B DCMR § 3802.13 (failure to equip ramps and stairways with firmly secured handrails or banisters); (gg) 22-B DCMR § 3802.14 (failure to use lead-free paint or remove old paint or plaster containing lead); (hh) 22-B DCMR § 3802.15 (failure to design and maintain walls and floors to minimize accidents); (ii) 22-B DCMR § 3802.16 (failure to have pets examined by licensed veterinarian or keep pet vaccinations current); (jj) 22-B DCMR §§ 3804.1 to 3804.3 (failure to provide adequate lighting); (kk) 22-B DCMR §§ 3805.1 or 3805.2 (failure to ensure that water supply and water distribution system conform to District laws and regulations, or failure to have adequate plumbing); (ll) 22-B DCMR § 3806.4 (failure to clean functioning fireplace chimney annually); (mm) 22-B DCMR §§ 3807.2, 3807.3, or 3807.7 (failure to provide adequate bedroom facilities); (nn) 22-B DCMR § 3808.3 (failure to provide properly anchored grab bars or handrails in toilet and bathing areas when needed); (oo) 22-B DCMR § 3813.7 (failure to provide fresh water and clean drinking glasses); (pp) 22-B DCMR § 3813.8 (failure to provide assistance to eat when necessary); (qq) 22-B DCMR §§ 3814.1 to 3814.4 (failure to comply with diet requirements); (rr) 22-B DCMR §§ 3816.3 or 3816.4 (failure to safeguard and account for resident's personal articles); (ss) 22-B DCMR §§ 3816.5, 3816.9, or 3816.10 (failure to comply with personal property and funds requirements); (tt) 22-B DCMR § 3817.2 (failure to provide annual physician exams); (uu) 22-B DCMR § 3817.3 (failure to include in resident's permanent record copies of medical examinations, physicians' reports, and physicians' recommendations for care); (vv) 22-B DCMR § 3817.4 (failure to assist resident in making arrangements for medical or dental examinations when resident is unable to do so); (ww) 22-B DCMR §§ 3818.1 to 3818.3 (failure to comply with training, experience, and credentials requirements for Residence Directors); (xx) 22-B DCMR § 3818.4 (failure of Residence Director to complete minimum responsibilities); (yy) 22-B DCMR § 3818.5 (failure to ensure adequate supervision when Residence Director is absent); (zz) 22-B DCMR § 3819.2 (failure to have written personnel policy); (aaa) 22-B DCMR § 3819.3 (failure to ensure that MHCRF staff have annual physical examinations); (bbb) 22-B DCMR § 3819.4 (failure to maintain accurate personnel records); (ccc) 22-B DCMR §§ 3819.10 or 3819.11 (failure to comply with volunteer and paid staff training and screening requirements); (ddd) 22-B DCMR §§ 3820.1 to 3820.3, 3820.5, 3821.1 to 3821.3, or 3823.1 (failure to properly maintain records); (eee) 22-B DCMR § 3820.4 (failure to notify agency of changes in occupancy level); (fff) 22-B DCMR § 3820.6 (failure to investigate allegations of mistreatment and promptly report findings resulting from investigation); (ggg) 22-B DCMR § 3820.7 (failure to make resident's financial records available for audit); (hhh) 22-B DCMR § 3825.1 (failure to have written program statement with all required elements); (iii) 22-B DCMR § 3827.1 (failure to admit and retain only those persons that can be safely and adequately cared for); (jjj) 22-B DCMR § 3827.2 (disqualifying a person from placement because the person is not ambulatory, needs medication assistance, has active substance abuse, or needs limited or intermittent nursing care); (kkk) 22-B DCMR § 3827.3 (failure to follow written admission criteria or present criteria to resident upon admission); (lll) 22-B DCMR § 3827.5 (failure to provide written reasons for denying admission); (mmm) 22-B DCMR § 3827.6 (refusal to make reasonable accommodations to admit resident who is deaf, blind, non-English speaking, or physically or mentally disabled); (nnn) 22-B DCMR §§ 3827.7 to 3827.9, or 3827.11 (failure to comply with pre-admission medical assessment requirements); (ooo) 22-B DCMR § 3829.3 (failure to have written emergency policies and procedures); (ppp) 22-B DCMR §§ 3829.5 or 3829.6 (failure to follow procedures and laws regarding resident deaths); or (qqq) 22-B DCMR §§ 3832.1 to 3832.5 (failure to comply with rehabilitation regulations). 3501.4 Violation of the following provisions shall be a Class 4 infraction: (a) 22-B DCMR § 3802.1 (improper use of exterior name or logo); (b) 22-B DCMR § 3802.2 (failure to properly maintain and provide access to green areas); (c) 22-B DCMR § 3802.3 (locating MHCRF in area with noxious, hazardous smoke and fumes or with loud and irritating noises); (d) 22-B DCMR § 3802.4 (failure to provide functional, safe, comfortable, and supportive environment); (e) 22-B DCMR § 3807.4 (failure to keep beds three feet (3 ft.) or more from another bed or a radiator); (f) 22-B DCMR §§ 3808.2 or 3808.4 (failure to provide adequate equipment or adequate privacy and safety in toilets and bathing facilities); (g) 22-B DCMR § 3815.1 (failure to maintain interior and exterior in safe, clean, orderly, attractive and sanitary manner); (h) 22-B DCMR §§ 3815.2 or 3815.4 to 3815.8 (failure to provide sufficient quantities of clean and sanitary linens, linen storage, or laundering facilities); (i) 22-B DCMR § 3816.1 (improperly increasing fee for care); (j) 22-B DCMR § 3816.2 (denying resident reasonable personal possessions and furnishings in living quarters); (k) 22-B DCMR § 3816.6 (failure to copy and make available to residents the record required by § 3816.5); (l) 22-B DCMR § 3816.11 (failure to encourage residents to wear their own clothing); (m) 22-B DCMR § 3817.5 (failure to maintain a list of names and telephone numbers of residents' physicians); or (n) 22-B DCMR §§ 3834.1 to 3834.4 (failure to comply with requirements regarding resident activities). SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3501