3607. NURSING FACILITY INFRACTIONS

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: (a) 22 DCMR § 3200.1 (failure to comply with requirements concerning a provision in the federal regulations); (b) 22 DCMR § 3205 (failure to comply with requirements concerning insurance coverage); (c) 22 DCMR § 3207 (failure to comply with requirements concerning physician services and medical supervision); (d) 22 DCMR § 3208 (failure to comply with requirements concerning nursing services and Director of Nursing); (e) 22 DCMR § 3209 (failure to comply with requirements concerning nursing services supervision); (f) 22 DCMR § 3210 (failure to comply with requirements concerning licensed nursing coverage); (g) 22 DCMR § 3211 (failure to comply with requirements concerning nursing personnel); (h) 22 DCMR § 3212 (failure to comply with requirements concerning temporary nursing personnel); (i) 22 DCMR § 3213 (failure to comply with requirements concerning restorative nursing care); (j) 22 DCMR § 3215 (failure to comply with requirements concerning ventilator care services); (k) 22 DCMR § 3216 (failure to comply with requirements concerning use of restraints); (l) 22 DCMR § 3217.6 (failure to ensure that infection control policies are implemented and that environmental services are in compliance); (m) 22 DCMR § 3217.8 (failure to report communicable disease); (n) 22 DCMR § 3222 (failure to comply with requirements concerning immunizations); (o) 22 DCMR § 3223 (failure to comply with requirements concerning rehabilitative services); (p) 22 DCMR § 3224 (failure to comply with requirements concerning pharmaceutical services and supervision); (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); (n) 22 DCMR § 3231 (failure to comply with requirements concerning medical records); (o) 22 DCMR § 3232 (failure to comply with requirements concerning incident reporting); (p) 22 DCMR § 3233 (failure to comply with requirements concerning grievances); (q) 22 DCMR § 3234 (failure to comply with environmental requirements); (r) 22 DCMR § 3235, except § 3235.5 and § 3235.6 (failure to comply with requirements concerning electrical systems); (s) 22 DCMR § 3236, except § 3236.4 (failure to comply with requirements concerning water supply and distribution); (t) 22 DCMR § 3237 (failure to comply with requirements concerning sewage and solid waste disposal); (u) 22 DCMR § 3238 (failure to comply with requirements concerning heating and cooling); (v) 22 DCMR § 3239 (failure to comply with requirements concerning ventilation and exhaust); (w) 22 DCMR § 3240 (failure to comply with requirements concerning acoustical insulation and noise reduction); (x) 22 DCMR § 3241 (failure to comply with requirements concerning elevators); (y) 22 DCMR § 3242 (failure to comply with requirements concerning walls, ceilings, floors and finishes); (z) 22 DCMR § 3243 (failure to comply with requirements concerning ramps, stairs, and corridors); (aa) 22 DCMR § 3244 (failure to comply with requirements concerning outdoor space); (bb) 22 DCMR § 3245 (failure to comply with requirements concerning nursing unit design); (cc) 22 DCMR § 3246 (failure to comply with requirements concerning resident bedrooms); (dd) 22 DCMR § 3247 (failure to comply with requirements concerning resident toilets and bathrooms); (ee) 22 DCMR § 3248 (failure to comply with requirements concerning refreshment stations); (ff) 22 DCMR § 3249 (failure to comply with requirements concerning resident recreation and social areas); (gg) 22 DCMR § 3250 (failure to comply with requirements concerning food service areas); (hh) 22 DCMR § 3251 (failure to comply with requirements concerning therapy service areas); (ii) 22 DCMR § 3252 (failure to comply with requirements concerning resident shopping and grooming areas); (jj) 22 DCMR § 3253 (failure to comply with requirements concerning public and staff facilities); (kk) 22 DCMR § 3254 (failure to comply with requirements concerning laundry areas); (ll) 22 DCMR § 3255 (failure to comply with requirements concerning housekeeping and maintenance); (mm) 22 DCMR § 3256 (failure to comply with requirements concerning housekeeping and maintenance services); (nn) 22 DCMR § 3257 (failure to comply with requirements concerning pest control); (oo) 22 DCMR § 3258 (failure to comply with requirements concerning general safety and inspection); (pp) 22 DCMR § 3259 (failure to comply with requirements concerning fire and emergency preparedness); (qq) 22 DCMR § 3264 (failure to comply with requirements concerning physical structure and construction); or (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).