3605. GROUP HOMES FOR MENTALLY RETARDED PERSONS INFRACTIONS

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); (m) 22 DCMR § 3503.5 (failure to provide sufficient storage space in bedroom); (n) 22 DCMR § 3503.7 (failure to designate bedroom for bedroom use only); (o) 22 DCMR § 3503.8 (failure to provide adequate bathroom space and fixtures); (p) 22 DCMR § 3503.9 (failure to provide adequate appliances and equipment in bathroom); (q) 22 DCMR § 3504 (failure to comply with requirements concerning housekeeping, sanitation, and/or maintenance); (r) 22 DCMR § 3506 (failure to comply with program statement requirements); (s) 22 DCMR § 3507 (failure to comply with requirements concerning policies and procedures); (t) 22 DCMR § 3508 (failure to comply with requirements concerning administrative support, residents' funds, and/or insurance); (u) 22 DCMR § 3509.1 (failure to develop and distribute personnel policies); (v) 22 DCMR § 3509.2 (failure to develop and distribute job descriptions); (w) 22 DCMR § 3509.6 (failure to ensure that employee has and passes health examination prior to employment and annually thereafter); (x) 22 DCMR § 3509.7 (failure to ensure that employee's initial health exam is done within 90 days prior to employment); (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); (z) 22 DCMR § 3510 (failure to comply with requirements concerning staff training); (aa) 22 DCMR § 3511 (failure to comply with requirements concerning direct care staff ratios); (bb) 22 DCMR § 3513 (failure to comply with requirements concerning administrative records); (cc) 22 DCMR § 3514 (failure to comply with requirements concerning resident records); (dd) 22 DCMR § 3515 (failure to comply with requirements concerning confidentiality of records); (ee) 22 DMCR § 3516 (failure to develop and make available policies concerning admission, transfer, and discharge); (ff) 22 DCMR § 3517 (failure to comply with requirements concerning admission policies and procedures, health screening and recordkeeping); (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).